What Are Ohio's Fireworks Laws?

Do we need more regulations in the community?

One of the topics that was brought up at this past weekend’s At-Large City Council-Member forum was on the topic of fireworks. It wasn’t a complete surprise, as there has been some discussion about what many have called excessive firework usage around the Fourth of July holiday. In 2021, Ohio’s laws on fireworks changed by taking a more liberal approach to consumer-grade fireworks. However, this approach didn’t completely open up the proverbial barn door for firework usage. Today’s newsletter digs deeper to talk about what the rules used to be and what they are now when it comes to fireworks.

Ohio's current fireworks laws were precipitated by the passage of Ohio House Bill 172 in July 2021. Before this legislation, the state's fireworks regulations were notably restrictive. Residents could purchase consumer-grade fireworks but were required to transport them out of state within 48 hours of purchase. The actual use of consumer fireworks by the general public was prohibited. This meant that while Ohioans could buy fireworks, they could not legally set them off within the state, leading to widespread non-compliance and frustration among residents who wanted to celebrate holidays and special occasions with fireworks.

The passage of House Bill 172 marked a significant shift in the state's approach to fireworks regulation. The bill was motivated by a desire to align Ohio's laws more closely with those of neighboring states and to respond to public demand for greater freedom in using fireworks. By allowing the use of consumer fireworks on specific holidays, the bill aimed to provide a legal framework for their use that would be safer and more manageable than the previous outright prohibition. The designated holidays were chosen to reflect traditional times of celebration when the use of fireworks is most common, thereby accommodating public preferences while still maintaining control over when and how fireworks can be used.

House Bill 172 officially went into effect on July 1, 2022. Since then, Ohio residents have been able to legally set off consumer fireworks on the specified holidays, provided they adhere to the safety regulations and local ordinances. The implementation of the new law has been accompanied by public education efforts to ensure that residents are aware of the rules and the importance of following them. This educational component is critical because it helps to prevent accidents and promotes responsible use of fireworks. However, it is an open question on whether this public education campaign actually worked.

As of 2024, Ohio's fireworks laws allow for the use of consumer-grade fireworks, specifically those classified as 1.4G, by residents on certain designated holidays. This marks a significant departure from the previous regulations, which were far more restrictive. Under the current laws, Ohio residents can legally purchase consumer fireworks from licensed wholesalers within the state. However, they must be at least 18 years old to do so. The permissible holidays for setting off these fireworks include New Year's Eve and New Year's Day, Chinese New Year, Cinco de Mayo, Memorial Day weekend, Juneteenth, the Fourth of July and the surrounding weekends, Labor Day weekend, and Diwali. This selection of dates reflects an effort to balance the desire for celebration with the need to manage safety risks associated with fireworks.

Safety regulations are a central component of Ohio's fireworks laws. The current rules stipulate that fireworks cannot be set off within 150 feet of spectators, vehicles, buildings, or other structures. This distance requirement is designed to minimize the risk of injury or property damage. Additionally, it is illegal to discharge fireworks while under the influence of alcohol or drugs, a measure intended to reduce accidents caused by impaired judgment. These safety provisions reflect a recognition of the inherent risks associated with fireworks and an effort to mitigate those risks through sensible regulation. However, it should be noted that the 150-foot rule is often broken, as many citizens have noticed that fireworks are being set off in residential neighborhoods.

One of the most critical aspects of the current fireworks laws is the provision that allows local municipalities to regulate or ban the use of consumer fireworks within their jurisdictions. This local control is crucial because it enables communities to address specific safety concerns and preferences. For instance, densely populated urban areas may choose to impose stricter regulations or outright bans to reduce the risk of accidents and fires, while rural areas with more open spaces might adopt more lenient policies. This approach allows for a tailored response to the diverse needs and conditions across the state, ensuring that public safety is not compromised.

Does the community need new regulations on consumer-grade fireworks? It’s hard to say that the community does when there are clear laws on the books that help protect the public, while giving the public a chance to enjoy shooting off fireworks. There are clear days in which these fireworks can and can not be shot off, and there are clear limits on how close fireworks should be shot off from homes and structures.

Before the city considers any new regulations, it probably makes more sense to use the city’s social media changes to make clear that not only are there laws on the books that must be followed, there needs to be effective enforcement of the laws that are currently on the books.

The evolution of Ohio's fireworks laws reflects a nuanced approach to regulation that seeks to accommodate public demand for greater freedom in celebrating with fireworks while addressing safety concerns. The current laws, shaped by the passage of House Bill 172 and implemented in July 2022, provide a legal framework for the use of consumer fireworks on specific holidays. This framework includes important safety provisions and allows for local control, ensuring that communities can tailor regulations to their specific needs.

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