LEUP in Ohio

I received today a letter and application form from the Ohio Department of Commerce requesting $75 and a completed form since I have a LEUP and
onsite storage. Has anyone else in Ohio gotten this letter? When I researched this about a year and a half ago I didn't find any state regulations. The letter makes reference to section 1301:7-7-33(A)(2) of the O.A.C. Did I mess up by not getting a state permit when filing for my LEUP or is this something new?
--
Dave Schaeffer


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dave;
I'm not from ohio but reading up on OAC 1301:7-7-33(A)(2) seems to indicate this fee is required for those that have an explosives magazine.
Is the form you got? http://www.com.state.oh.us/sfm/app/COM5061.pdf
I don't think you "messed up" it appears this may be a new requirement, and everybody should always check and see if they also need a "state leup" . It seems the new ohio fire code was enacted on 9/1/05.
shockie B)

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and
It
Hi Shockie, the link to the flamable solids code was a columbus city website, not a state website ? so that confuses me.
this was the issue before, I don't know if 9/1/05 changed anything yet or not.
this is in the road to leup webpage still.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ohio
If you live in Ohio you are lucky. Your State Fire Marshall attended some of the pre or early TRA launches near Cleveland. This information came to us from Todd Knight of Westerville. (Thanks Todd)
State Fire Code 3743.80 is an exemption for the storage and use of hobby rocket motors in the State of Ohio.
Ohio requires a separate license for explosives magazine at a license fee of $75. But thanks to the exemption you do not need anything from the State or need to contact them. The only requirements are at the local level which could include city and or county issues.
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AlMax wrote:

The way I read it, that says:
"This chapter does not prohibit or apply to the following..."
Which means that this exemption is from Chapter 3743 of the Revised Code, not Chapter 1301 of the Adminstrative Code.
But not being from Ohio I don't understand why there is a "Revised" and an "Administrative" code or what their relationship is.

--
David W. Schultz
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david: here in Ky we have essentuially the same thing: we have Ky Revised Statutes or Code and the KAR or KY Administrative Regulations....
shockie B)

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Now I'm replying to my own post, humm, I better get a beer.
anyway, the city website was one that poped up looking up the code number.
I put in the old code exemption into the state website and get this still:
3743.80. Exemptions from provisions.
This chapter does not prohibit or apply to the following:
(A) The manufacture, sale, possession, transportation, storage, or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;
(B) The manufacture, sale, possession, transportation, storage, or use of fusees, torpedoes, or other signals necessary for the safe operation of railroads;
(C) The manufacture, sale, possession, transportation, storage, or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals or for ceremonial purposes;
(D) The manufacture for, the transportation, storage, possession, or use by, or sale to the armed forces of the United States and the militia of this state of pyrotechnic devices;
(E) The manufacture, sale, possession, transportation, storage, or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage, or use of those caps;
(F) The manufacture, sale, possession, transportation, storage, or use of novelties and trick noisemakers, auto burglar alarms, or model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;
(G) The manufacture, sale, possession, transportation, storage, or use of wire sparklers.
(H) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges, provided that the exhibition complies with all of following:
(1) No explosive aerial display is conducted in the exhibition;
(2) The exhibition is separated from spectators by not less than two hundred feet;
(3) The person conducting the exhibition complies with regulations of the bureau of alcohol, tobacco, and firearms of the United States department of the treasury and the United States department of transportation with respect to the storage and transport of the explosive black powder used in the exhibition.
HISTORY: 141 v S 61 (Eff 5-30-86); 147 v H 215 (Eff 6-30-97); 149 v H 161. Eff 6-29-2001.
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Hi Shockie,
Yes, this is the form I received.
Dave Schaeffer
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Dave Schaeffer wrote:

Even though I live in Texas, this still arroused my curiousity. Along with your name being similar to a local rocketeers. So I looked up an online version of the Ohio Adminstrative Code. I find it odd that because you have an _explosives_ permit, they want you to get an additional state permit and refer you to a section of the code relating to _flammable solids_.
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=OAC
You might start by pointing out that you will store less than 125 pounds, which appears to be exempt from "approval". The word "approval" appears to be a code word for requiring a permit.
I note that the section on explosives while exempting consumer fireworks (1.4G) does not exempt model rocket motors. I also see in the definition of explosive:
"...also includes any material classified as an explosive by the Hazardous Material Regulations of dot 49 CFR ..."
All hobby motors (with the notable exception of most hybrids) are classifed by the DOT as either 1.4S, 1.4C or 1.3C. (All Estes motors except for the E9 are 1.4S. The E9 is 1.4C) So it would appear that Estes motors fall under the explosives regulations and are not exempted.
Since I assume that Estes motors are sold over the counter at your local hobby store, you might ask why Estes motors are exempt and why that exemption can't be extended to what you are using.
--
David W. Schultz
http://home.earthlink.net/~david.schultz /
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http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=OAC
Hi Dave and David.
If you search around, the fire marshall's site in ohio, you will see that Ohio exempts hobby rocket motors from storage in magazines. only the AFT requires it , not ohio.
the ohio fire marshall attended the early LDRS launches,
so it should be exempt.
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i will only take exception with one thing you said to make a distinction: model rocket motors as specifically called in the ohio law and the term hobby rocket motors are not the same thing in my POV. We all know what a model rocket motor is as the CSPC, the NAR , NFPA 1125 all define what a model rocket motor is. NO where in the ohio law does it define hobby rocket motors nor does the NAR,NFPA etc...
also is the guy that was the ohio state fire marshall at the early LDRS launches the same guy now? times and people and definitions change...
shockie B)

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=OAC
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The BATFE did something like this several years ago in Illinois. THey went to the state regulators, gave tnem the entire file of IL rocket LEUP holders, and we each got a threatening note from them that we needed IL permits. Except we didn't. I had checked it all out before applying for my LEUP, and what I was dealing with doesn't meet the IL definition. Good thing too, as IL law treats everything as HE (large safe distances, etc), doesn't offer garage variances, requires a written and oral test on explosives use, etc etc.
It was just another harassment tactic from the JBGTs.
--
Bob Kaplow NAR # 18L >>> To reply, there's no internet on Mars (yet)! <<<
Kaplow Klips & Baffle: http://nira-rocketry.org/Document/MayJun00.pdf
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