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(Y) Section 3325 Sale of Fireworks

Ohio Fire Code 2011 > Ohio Administrative Code 1301:7-7-33 Explosives and Fireworks > 3325 Sale of Fireworks

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(1) 3325.1 Purchaser Form

The purchaser form for each retail or wholesale sale of fireworks to both residents and non-residents of this state shall be prescribed by the state fire marshal and provided by the seller to each purchaser. A copy of the purchaser form utilized by each seller shall be provided to the state fire marshal upon request. The form shall include, but not be limited to, the following information:

(a) The purchaser's name and address;

(b) The date of the purchase;

(c) A statement that the purchaser acknowledges that the purchaser is responsible for any illegal use of the fireworks, including any damages caused by their improper use;

(d) For a sale to a manufacturer, the name of the state and number of the purchaser's license or permit from that state or other verifying information authorizing the purchaser to manufacture;

(e) For a sale to a wholesaler, the name of the state and the number of the purchaser's license or permit from that state or other verifying information authorizing the purchaser to sell at wholesale;

(f) For a sale to an exhibitor from another state, the name of the state and the number of the purchaser's license or other verifying information authorizing the purchaser to conduct fireworks exhibitions, and, if applicable the permit information for the exhibition for which the fireworks are being purchased;

(g) For a sale at retail to an individual other than a wholesaler, manufacturer or exhibitor, the number of the purchaser's motor vehicle operator's license or other valid state issued identification card;

(h) The purchaser's signature;

(i) A statement printed in bold letters indicating that knowingly making a false statement on the purchaser's form is falsification under section 2921.13 of the Revised Code and is a misdemeanor of the first degree; and

(j) Such other information as the state fire marshal may require.

(2) 3325.2 Purchaser Responsibilities

As required by the Revised Code, a purchaser of fireworks in this state shall legibly complete a firework's purchaser form, as prescribed by the state fire marshal, for each fireworks sales transaction engaged in by the purchaser in this state. The purchaser shall provide the information requested by the state fire marshal on the purchaser form provided by the seller, including, but not limited to, the purchaser's name, address, and drivers license number. The purchaser's copy of the completed purchaser form must accompany the purchased fireworks, must be attached to an invoice itemizing the quantity of fireworks purchased, and the amount of the sales transaction and must be made available upon request by a law enforcement officer or fire authority. The purchaser shall indicate on the purchaser's form whether the purchase is a retail sale or a wholesale sale. The purchaser is responsible for any illegal use of the fireworks purchased, including any damages caused by their improper or illegal use. The purchaser shall be responsible for the transportation of the fireworks so purchased directly out of this state within forty-eight hours after the time of their purchase.

(3) 3325.3 Manufacturer or Wholesaler Responsibilities

For each fireworks sales transaction conducted pursuant to section 3743.04 (C) or 3743.17 (C) of the Revised Code, the seller shall do the following:

(a) 3325.3.1

Furnish a copy of the purchaser's form as prescribed by the state fire marshal to each purchaser for each fireworks sales transaction;

(b) 3325.3.2

Verify that the purchaser fully and legibly completes the purchaser's form;

(c) 3325.3.3

Attach to the purchaser's copy of the purchaser's form an invoice itemizing the quantity of fireworks purch.ased and the amount of the sales transaction;

(d) 3325.3.4

For each transaction that requires the completion of a purchaser's form, the seller shall maintain a readily identifiable record of the invoice itemizing the quantity of fireworks purchased and the amount of the sales transaction;

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