A licensed manufacturer or wholesaler may expand its licensed premises within the state to include not more than two storage locations that are located upon one or more real estate parcels that are noncontiguous to the license premises as that licensed premises exists on the date a licensee submits an application as described below, if all of the following apply:
The licensee submits an application to the state fire marshal and an application fee of one hundred dollars per storage location for which the licensee is requesting approval.
The identity of the holder of the license remains the same at the storage location.
The storage location has received a valid certificate of zoning compliance as applicable and a valid certificate of occupancy for each building or structure at the storage location issued by the authority having jurisdiction to issue the certificate for the storage location, and those certificates permit the distribution and storage of fireworks regulated under this rule at the storage location and in the buildings or structures. The storage location shall be in compliance with all other applicable federal, state, and local laws and regulations.
Every building or structure located upon the storage location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structure on the licensed premises in accordance with the distances specified in these rules.
Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the licensee has been convicted of or pleaded guilty to a felony under the laws of this state, any other state, or the United States, after September 29, 2005.
The state fire marshal approved the application for expansion.
The storage location shall be considered part of the original licensed premises and shall use the same distinct number assigned to the original licensed premises with any additional designations as the state fire marshal deems necessary in accordance with section 3743.03 of the Revised Code.
A licensee who obtains approval for the use of a storage location in accordance with division (I) of section 3743.04 of the Revised Code shall use the storage location exclusively for the following activities, in accordance with this rule:
Packaging, assembling, or storing of fireworks, by a licensed manufacturer, which shall only occur in buildings or structures approved for such hazardous uses by the building code official having jurisdiction for the storage location or, for 1.4G fireworks, in containers or trailers approved for such hazardous uses by the state fire marshal if such containers or trailers are not subject to regulation by the building code as listed in rule 1301:7-7-47 of the Administrative Code. All such storage shall be in accordance with NFPA 1124 as listed in rule 1301:7-7-47 of the Administrative Code.
Distributing fireworks to other parcels of real estate located on the manufacturer's licensed premises, to licensed wholesalers or other licensed manufacturers in this state or to similar licensed persons located in another state or country.
Distributing fireworks to a licensed exhibitor of fireworks pursuant to a properly issued permit in accordance with this rule.
A licensee who obtains approval for the use of a storage location in accordance with division (G) of section 3743.17 of the Revised Code shall use the storage location exclusively for the following activities, in accordance with this rule:
Packaging, assembling, or storing fireworks, by a licensed wholesaler, which shall occur only in buildings or structures approved for such hazardous uses by the building code official having jurisdiction for the storage location or, for 1.4G fireworks, in containers or trailers are not subject to regulation by the building code as listed in rule 1301:7-7-47 of the Administrative Code. All such storage shall be in accordance with NFPA 1124 as listed in rule 1301:7-7-47 of the Administrative Code.
Distributing fireworks to other parcels of real estate located on the manufacturer's licensed premises, to licensed wholesalers or other licensed manufacturers in this state or to similarly licensed persons located in another state or country.
Distributing fireworks to a licensed exhibitor of fireworks pursuant to a properly issued permit in accordance with this rule.
A licensed manufacturer or wholesaler shall not engage in any sales activity, including the retail sale of fireworks otherwise permitted under division (C)(2) or (C)(3) of section 3743.04 of the Revised Code or pursuant to section 3743.44 or 3743.45 of the Revised Code, at the storage location approved in accordance with this rule.
Each licensee responsible for a storage location shall prohibit public access to the storage location in accordance with this code.
Storage locations shall be secured against unauthorized entry and safeguarded against inappropriate public access.
Manufacturer's storage locations consisting only of approved trailers or similar approved structures shall include provisions that preclude public access by providing a 6 foot high chain link fence a minimum of 10 feet from such trailer or structure that completely surrounds the trailer or similar structure in such a manner as to prohibit public access (or equivalent means) as approved by the state fire marshal.
Storage locations consisting only of storage buildings shall include provisions that preclude public access to all storage and use areas where fireworks are stored or present within such storage buildings including but not limited to, proper separation assemblies with approved locks and security devices. All such security measures and installation of locks or devices shall be in accordance with the building code as listed in rule 1301:7-7-47 of the Administrative Code and approved by the state fire marshal.
Storage locations consisting of buildings, structures and trailers shall include provisions that preclude public access by means of fences, proper separation assemblies, locks, security devices, or equivalent means to prevent accidental or intentional contact with the fireworks present at the storage location, in accordance with the provisions of this paragraph, the building code as listed in rule 1301:7-7-47 of the Administrative Code, and this code as approved by the state fire marshal.
The public shall not access a storage location unless such access is otherwise permitted by this rule.
A storage location approved by the state fire marshal in accordance with divisions (G) and (I) of section 3743.04 of the Revised Code may not be relocated for a minimum period of five years.