Posts Tagged ‘Ohio State Bar Association’

Fireworks! What is Ohio’s Law?

July 3rd, 2013

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Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association.  This article was originally prepared by Lawrence T. Bennett, Esq., program chair, Fire Science Education at the University of Cincinnati, and reviewed by Douglas Wehmeyer, Battalion Chief, Deerfield Township Fire & Rescue Department; updated by Lawrence T. Bennett.

Ohio Law Governs Fireworks

Q: What kinds of fireworks can be lawfully set off in Ohio?
A: 
Only “novelty and trick” fireworks, such as party poppers and glow worms can be discharged by unlicensed individuals. Section 3743.01 of the Ohio Revised Code defines these novelty and trick items as follows:
“(1) Devices that produce a small report intended to surprise
the user, including, but not limited to, booby traps, cigarette
loads, party poppers, and snappers.;
(2) Snakes or glow worms;
(3) Smoke devices;
(4) Trick matches.”

Q: Can traditional firecrackers and roman candles be set off by unlicensed individuals in Ohio?
A: 
No. Traditional firecrackers, roman candles, bottle rockets and similar items are all classified as “consumer fireworks.” Individuals may buy “consumer fireworks” from an Ohio licensed retailer, but they can not be discharged in Ohio, and must be transported to another state within 48 hours of purchase (72 hours if the buyer is not an Ohio resident). “Consumer fireworks are regulated as “1.4G Fireworks” by the U.S. Department of Transportation.  Individuals over the age of 18 may purchase them, but must sign a form certifying that the purchaser will transport the fireworks outside of Ohio within the required time.

Q: What about M80s, cherry bombs, and other powerful devices?
A:
 They may not be discharged or even possessed in Ohio without a special license. See Ohio Fire Marshal’s “2011 Fireworks Redbook,”http://www.com.ohio.gov/fire/FireworksRedbook.aspx. M80s and similar devices are so powerful that they are classified as “explosive devices” instead of “fireworks.” In Ohio, it is illegal for anyone to even possess any explosive device without a special license. Since 1976, the U.S. Consumer Products Safety Commission has restricted all “1.4G Fireworks” to no more than 50 milligrams of powder, with three- to nine-second fuses.

Q: Are there criminal penalties if individuals violate the fireworks law?
A:
 Yes. First-time offenders are normally charged with a first-degree misdemeanor. If they plead guilty or are convicted, they can be sentenced to up to six months in jail, and also fined up to $1,000. A subsequent conviction is a fifth degree felony, potentially punishable by a prison term of up to one year.

Q: On the 4th of July, who may set off the large fireworks displays?
A: 
These aerial shells, known as “1.3G Fireworks” can only discharged by a licensed exhibitor with a local permit. The permit must be approved by both the local fire chief and the local chief law enforcement officer, after the exhibition site has been inspected using an Ohio Fire Marshal checklist. The Fireworks & Explosive Unit of the State Fire Marshal (http://www.com.ohio.gov/fire/fmfeMain.aspx) has issued licenses to about 504 exhibitors in Ohio, who must take six hours of training on fireworks laws and safety every three years, and must review this information annually with their employees. These exhibitors employ about 1,240 registered assistants who are allowed to assist in discharging the fireworks at the discharge site.

Q: Are there licensed manufacturers and wholesalers in Ohio?
A: 
Yes. There are six licensed manufacturers in Ohio, and 42 licensed wholesalers. The Ohio Revised Code was amended, effective June 1, 1998, to increase the safety of fireworks retail showrooms. These showrooms may not exceed 5,000 square feet, and must be equipped with “interlinked” fire detection, fire suppression, smoke exhaust, and smoke evacuation systems that have been approved by the Ohio Department of Commerce and the Division of Industrial Compliance. The National Fire Protection Association (NFPA) also has sought to increase the safety of retail fireworks stores nationwide.

Dayton DUI Attorney Charles M. Rowland II

August 17th, 2011


“All I do is DUI Defense”

 

Charles M. Rowland II maintains an established DUI/OVI practice, representing the accused drunk driver in State and Federal Courts in the Miami Valley and throughout Ohio. An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field.

DUI/OVI CREDENTIALS

Charles served as the Xenia City Prosecutor and has served as a “Special Prosecutor” on high-profile felony cases.  Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests. Charles has been qualified by the United States government as an expert witness on evidential breath testing and has testified in court martial proceedings.  In 2007, Charles Rowland was the first private attorney in the State of Ohio certificated on the Intoxilyzer 8000 breath testing machine.  In 2009, Charles Rowland attended the National College for DUI Defense 16th Annual Scientific Evidence Seminar where he received training on the Intoxilyzer 5000.  Charles M. Rowland II was the first attorney in the United States to earn a certificate in Forensic Sobriety Assessment. FSA certification requires proficiency in the scientific principles and research relating to sobriety testing in a DUI/OVI stop.  It subsumes the NHTSA training (knowledge of the NHTSA manual is required) and greatly extends it.  Charles Rowland is currently the only lawyer in Ohio to hold FSA certification.  In 2010, Charles M. Rowland II attended the most current NHTSA training wherein he was trained to administer and evaluate the standardized field sobriety tests . This is the same NHTSA/SFST training course that law enforcement officers are trained in nationwide and testify to in court.

CREDENTIALS BEYOND THE COURTROOM

In addition to awards and certificates, Charles M. Rowland II has a wealth of real-life experience.  He was the 2004 Ohio State Bar Foundation recipient of the Community Service Award for Attorneys under 40 years old. In 2005, Charles Rowland was given the singular honor of being named a Fellow of the Ohio State Bar Foundation. In 2006, Charles Rowland presented a seminar on standardized field sobriety testing before the Greene County Bar Association.  Twice-elected to the Beavercreek City School Board, Charles M. Rowland was a co-recipient of the 2006 Beavercreek Chamber of Commerce Public Education Award.  Charles also served as President of the Board of Directors of TCN-BHS, Greene County’s Drug and Alcohol provider from 2003-2005.  In 2008, he contributed to a revision to Anderson’s Ohio Civil Practice along with the judges of the Greene County Common Pleas Court.  He has also been a Wright State University Visiting Professor of Political Science for the University Honors Department.  Charles Rowland has appeared on television, radio and in newspapers, authoring DUI-related articles for the popular “Ask an Attorney” section of the Xenia Daily Gazette, the Beavercreek News Current and the Fairborn Daily Herald.  Charles Rowland is a proud member of the Clark County, Dayton and Ohio State Bar Association and has served as the President of the Greene County Bar Association from 2008-2009.

EDUCATION

Charles Rowland is a 1988 graduate of Beavercreek High School and a life-long resident of Beavercreek, Ohio. He graduated magna cum laude from Wright State University in 1992, earning a Bachelor of Arts degree in Political Science and a minor in Sociology with a concentration in Criminology. Charles earned the degree of University Honors Scholar with Honors from the Political Science Department, received the Academic Letter Award for earning Outstanding Attorney Awards in the WSU Mock Trial Programs, was awarded Phi Kappa Phidistinction and was selected to represent Wright State University as a Student Ambassador to the People’s Republic of China.

Charles M. Rowland II was awarded the H. E. Ashcroft Memorial Scholarship to attend Ohio Northern University’s Pettit College of Law. While in law school, Charles studied International Law and European Economic Community Law at the University College London, Bentham Faculty of Laws. As an L-2, Charles was a finalist at the National Tax Moot Court Competition in Houston, Texas.  For his efforts he was chosen to serve as an Associate Justice of the Ohio Northern Moot Court Program.  Charles Rowland was named to the prestigious Order of the Barristers for excellence in appellate advocacy. He graduated in the top 25% of his class in 1995 and returned to the Miami Valley to begin his practice.

BROWN, ROWLAND, BABB & CAMPBELL

One of Greene County’s biggest and most dynamic firms, Brown, Rowland, Babb & Campbell offers a full array of client-centered services.

Charles M. Rowland II, (www.DaytonDUI.com) Managing Partner, provides aggressive defense to the accused drunk driver.

Richard Brown, of counsel, concentrates his practice in the field of Elder Law.

Mark Babb, (www.MarkBabb.com) Senior Partner, is one of the Miami Valley’s most recognized criminal defense attorneys.

Patricia Campbell (www.OhioDivorceAttorney.com) is a credentialed and dedicated family law practitioner.

Zachary Bushatz (www.DaytonBankruptcyAttorney.com) concentrates his practice on Bankruptcy Law.

The firm is proud to offer services in Personal Injury, Medical Malpractice, Consumer Law and Employment Law.  Whatever conflicts life may bring, we at Brown, Rowland, Babb & Campbell are prepared to stand by your side.  If you are in need of an aggressive litigation-oriented firm, call BRB&C today at 937-879-9542 or 1-888-ROWLAND