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Subject to applicable zoning regulations, federal, state and local law, and the provisions of this subchapter:
(A) Ancillary fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, those fireworks described in KRS 227.702(1) when such sales are ancillary to its primary course of business;
(B) Permanent fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any consumer fireworks as their primary course of business; and
(C) Seasonal fireworks retailers shall not be allowed to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any fireworks, at any time or place.
(Ord. O-21-11, passed 10-25-11) Penalty, see § 98.99
Permanent fireworks retailers shall obtain and keep in force a city permanent retail fireworks permit (the "permanent permit") under the following terms and conditions:
(A) Applications for the permanent permit shall be submitted to the Finance Department at least 15 days prior to the applicant's desired effective date for the permit, on a form approved by the city. All applications must include a detailed site plan for the proposed location.
(B) Applicant shall provide proof of registration with the State Fire Marshal in accordance with the applicable provisions of KRS Chapter 227.
(C) The application must be endorsed by the Boone County Planning Commission indicating that the proposed location on the application is zoned appropriately for the conduct of said business.
(D) Applicant shall obtain an occupational license from the city.
(E) Applicant shall provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity.
(F) Applicant shall comply with all aspects of applicable provisions of KRS Chapter 227, the International Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National Fire Protection Association, currently adopted edition) and all other applicable state, federal or local laws or regulations.
(G) Applicant shall not allow any person under 18 years of age to sell consumer fireworks.
(H) Applicant shall not give, offer for sale, or sell any consumer fireworks to any person under 18 years of age.
(I) Applicant shall not offer for sale, expose for sale, or sell consumer fireworks except between the hours of 8:00 a.m. and 10:00 p.m., provided that applicant may be open for business and sell consumer fireworks until 1:00 a.m. each year during the two weeks prior to July 4 (including June 19 through 30 and July 1 through 4); the three days prior to Labor Day; and the three days prior to New Year's Day.
(J) The initially issued permanent permit shall expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as a permanent fireworks retailer as defined herein. The permanent permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the permanent permit. Applications for renewal periods shall be made to the Finance Department on forms approved by the city. The fee for the initial permit period, payable at the time of application, shall be $3,000. The fee for any subsequent permit period, payable at the time of application, shall be $1,000.
(Ord. O-21-11, passed 10-25-11; Am. Ord. O-7-19, passed 3-12-19) Penalty, see § 98.99
At all locations within the premises of a permanent fireworks retailer where consumer fireworks, as defined in KRS 227.702(2) and (3) are offered for sale, such retailer shall conspicuously post a sign or signs which state as follows:
"Under Kentucky law these fireworks may only be used by persons at least 18 years of age and these fireworks shall not be ignited within 200 feet of any structure, vehicle or any other person. [KRS 227.715(11)]"
(Ord. O-21-11, passed 10-25-11) Penalty, see § 98.99
Ancillary fireworks retailers shall obtain and keep in force a city ancillary retail fireworks permit (the "ancillary permit") under the following terms and conditions:
(A) Applications for the ancillary permit shall be submitted to the Finance Department at least 15 days prior to the applicant's desired effective date for the permit, on a form approved by the city.
(B) Applicant shall possess an occupational license from the city.
(C) Applicant shall provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity.
(D) Applicant shall comply with all aspects of applicable provisions of KRS Chapter 227, the International Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National Fire Protection Association, currently adopted edition) and all other applicable state, federal or local laws or regulations.
(E) The initially issued ancillary permit shall expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as an ancillary fireworks retailer as defined herein. The ancillary permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the ancillary permit. Applications for renewal periods shall be made to the Finance Department on forms approved by the city. The fee for the initial permit period, payable at the time of application, shall be $25. The fee for any subsequent permit period, payable at the time of application, shall be $25.
(Ord. O-21-11, passed 10-25-11) Penalty, see § 98.99
Any permit issued under the provisions of this subchapter may be revoked by the City Coordinator upon a showing that the permit holder has violated any of the provisions of this subchapter. Revocation shall be by written notice which describes the reasons for the revocation. The written notice of revocation shall be delivered to the permit holder in person or by regular mail sent to the address listed on the application. If a permit is revoked, and the applicant desires to contest the revocation, a hearing before the City Council may be obtained by filing with the office of the City Coordinator a written request for hearing within 15 days of the issuance of the revocation notice. The hearing before the City Council shall be conducted within 30 days of filing of such request.
(Ord. O-21-11, passed 10-25-11)
NFPA 1 FIRE PREVENTION CODE
Pursuant to KRS 83A.060(5) the NFPA I Fire Code 2018 Edition, as published by the National Fire Protection Association, Inc., and approved as an American National Standard on September 6, 2017, the provisions of which are incorporated herein by reference, be and is hereby adopted as the Fire Prevention Code of the city, except as same is hereinafter amended. A copy of the code shall accompany Ordinance 0-4-22 (passed 4-26-22) and is made a part of the permanent records of the city.
(Ord. O-14-05, passed 7-12-05; Am. Ord. O-9-07, passed 6-26-07; Am. Ord. O-22-14, passed 10-14-14; Am. Ord. O-4-22, passed 4-26-22)
The following codes and references are excluded from the code:
(A) NFPA 403, Guide for Aircraft Rescue and Fire Fighting Operations, 2018 Edition;
(B) NFPA 1031, Standard for Professional Qualifications for Fire Inspectors and Plan Examiner, 2014 Edition;
(C) NFPA 1192, Standard on Recreational Vehicles, 2018 edition;
(D) NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2018 edition;
(E) NFPA 1901, Standard for Automotive Fire Apparatus, 2016 edition;
(F) NFPA 1906, Standard for Wildland Fire Apparatus, 2016 edition;
(G) NFPA 1925, Standard on Marine Fire-Fighting Vessels, 2013 edition;
(H) NFPA 1963, Standard for Fire Hose Connections, 2014 edition;
(I) NFPA 2113, Standard on Selection, Care, Use, and Maintenance of Flame-Resistant Garments for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire, 2015 edition;
(J) NFPA 5000, Building Construction and Safety Code, 2018 Edition;
(K) Code reference 1.7.2, Minimum Qualifications to Enforce this Code;
(L) Code reference 10.2.7, Minimum Fire Prevention Inspection Frequencies for Existing Occupancies;
(M) Code reference 13.3.2.26, High Rise Buildings;
(N) Code reference 13.3.2.8, Existing Assembly Occupancies;
(O) Code Reference 13.6 Portable Extinguishers, which if required, shall be modified to exclude the provisions for installation of portable extinguishers in the occupancies listed in table 13.6. Portable extinguishers shall be installed as required in the occupancy chapters of NFPA 101, Life Safety Code, 2018 Edition;
(P) Code reference 10.10 Open Burning;
(Q) Code reference 18.5.3 Fire Hydrant Clearance and 18.5.7 Clear Space Around Hydrants;
(R) Code reference 1.13.2; and
(S) Code reference 1.16 through Code reference 1.16.4.5 Penalties.
(Ord. O-9-07, passed 6-26-07; Am. Ord. 0-22-14, passed 10-14-14; Am. Ord. O-4-22, passed 4-26-22)
All violations of this code are designated as civil offenses and enforced by imposing civil fines as set out in §§ 33.70 et seq. The city Code Enforcement Board shall have the power to issue remedial orders and impose civil fines to enforce this code.
(Ord. O-14-05, passed 7-12-05; Am. Ord. O-10-16, passed 6-21-16; Am. Ord. O-4-22, passed 4-26-22)
(A) Any person directly affected by a decision of the Code Official, or notice, or order issued under this code shall have the right to appeal to the City of Florence Code Enforcement Board, provided that a written application for appeal is filed with the City Clerk within seven days after the date the decision, notice, or order was served. An application for appeal shall include a request for hearing as described in § 33.77(F). An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interrupted, the provisions of this code do not fully apply, the requirements of this code are adequately satisfied by other means, or that the strict application of any requirement of this code would cause an undue hardship.
(B) Appeal procedure. Appeals under this subchapter shall be heard by the Board following the procedure for hearing set forth in § 33.70 et seq. At the conclusion of such hearing, the Board shall issue a finding granting or denying the appeal and such other remedy or penalty orders as are necessary to enforce the provisions of code.
(Ord. O-14-05, passed 7-12-05; Am. Ord. O-4-22, passed 4-26-22)
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