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This subchapter is intended to be used with, and supplemented by, the applicable provisions of the National Fire Protection Standards 72-E and 74 (current edition) which are hereby incorporated herein; however, if there shall be any conflict between this subchapter and the supplemental standards, this subchapter and any rules and regulations adopted pursuant thereto shall prevail. All amendments to or changes in N.F.P.A. Nos. 72-E and 74 shall be adopted and made part thereof without further reference.
(Ord. O-10-85, passed 3-26-85)
(A) The Bureau of Fire Prevention of the City Volunteer Fire Department shall be primarily responsible for the enforcement of this subchapter.
(B) The City Building Department shall assist the Bureau by making referrals to the Bureau as part of its regular inspection and enforcement of all city housing, building, and safety codes. No building permits for remodeling or repair of a dwelling unit shall be issued for any dwelling unit not properly equipped with the detectors. No certificate of occupancy shall be issued for any new dwelling or dwelling unit not properly equipped with the detectors. Detectors must be operable for the final inspection of the City Building Inspector or Fire Prevention Bureau Inspector. Instructions and maintenance booklets must be provided to the owner by the manufacturer as per N.F.P.A. No. 74, and said documentation displayed to the Building Inspector during the final inspection.
(Ord. O-10-85, passed 3-26-85) Penalty, see § 98.99
FIREWORKS
The following words, terms or phrases, when used in this subchapter, shall have the meanings subscribed to them in this section except where the context clearly indicates a different meaning:
"AERIAL" or "AUDIBLE CONSUMER FIREWORKS." Those consumer fireworks described in KRS 227.702(2) and (3) only.
"ANCILLARY FIREWORKS RETAILER." Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell only those fireworks as described in KRS 227.702(1) and which such sales are ancillary to its primary course of business.
"CONSUMER FIREWORKS." Has the same meaning as in KRS 227.702.
"PERMANENT FIREWORKS RETAILER." Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks as its primary course of business.
"SEASONAL FIREWORKS RETAILER." Any person, business entity, association, or corporation of any kind which is not considered a permanent fireworks retailer or ancillary fireworks retailer, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks.
(Ord. O-21-11, passed 10-25-11)
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
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