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(A) Except as provided in § 93.02, the consumer fireworks described in KRS 227.702 may be offered for sale, sold at retail or kept with the intent to sell, only if the requirements of this section are met.
(B) Any person, firm, co-partnership, non-profit or business intending to sell consumer fireworks described in KRS 227.702(1) shall register annually with the State Fire Marshal’s office in accordance with KRS 227.715, and display its registration certificate in a conspicuous location at the site.
(C) Each site at which fireworks are offered for sale shall comply with all applicable provisions of the International Building Code, with Kentucky Amendments (adopted edition), and NFPA 1124 (National Fire Protection Association) Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles (adopted addition).
(D) No person or business shall give, offer for sale or sell any consumer fireworks listed in § 93.01(B) to any person under 18 years of age.
(E) No person under 18 years of age may be employed by a fireworks distribution facility, or manufacturing facility. No person under 18 years of age shall sell consumer fireworks at a consumer fireworks retail sales facility registered under KRS 227.715 unless the individual is supervised by a parent or guardian.
(KRS 227.715(7) - (9)) (1992 Code, § 93.03) Penalty, see § 92.99
No permit shall be issued under § 92.02 unless the applicant shall give bond or evidence of liability insurance deemed adequate by the official to whom application for the permit is made, in a sum not less than $1,000,000. However, the appropriate city official or the State Fire Marshal may require a larger amount if in their judgment the situation requires it, conditioned for the payment of all damages which may be caused thereby either to a person or to property by reason of the permitted display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.
(KRS 227.720) (1992 Code, § 93.04) Penalty, see § 92.99
Nothing in this chapter shall prevent the retail sale and use of explosives or signaling flares used in the course of ordinary business or industry, or gold star producing sparklers, which contain no magnesium or chlorate, toy snakes which contain no mercury, smoke novelties and party novelties, which contain less than twenty-five hundredths of a grain of explosive mixture, or shells or cartridges, used as ammunition in firearms, or blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or the sale of any kind of fireworks provided the same are to be shipped by the seller directly out of the state.
(KRS 227.730) (1992 Code, § 93.05)
(A) The State Fire Marshal, or any fire department having jurisdiction which has been deputized to act on behalf of the State Fire Marshal, shall cause to be removed at the expense of the owner all stocks of fireworks which are stored and held in violation of this chapter. After a period of 60 days, the seized fireworks may be offered for sale by closed bid to a properly certified fireworks wholesaler.
(B) After a period of 60 days, the seized fireworks may be offered for sale by closed bid to a properly certified manufacturer, distributor or wholesaler. All seized fireworks or explosives with a Class 1.3G or “display” designation shall require the notification of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The State Fire Marshal shall provide the owner or possessor a receipt containing the complete inventory of any fireworks seized within five business days of the seizure.
(C) Before any seized fireworks may be disposed of:
(1) If the owner of the seized fireworks is known to the State Fire Marshal, the State Fire Marshal shall give notice by registered mail or personal service to the owner of the State Fire Marshal’s intention to dispose of the fireworks. The notice shall inform the owner of the State Fire Marshal’s intent. The State Fire Marshal shall conduct an administrative hearing in accordance with KRS Chapter 13B concerning the disposal of fireworks; or
(2) If the identity of the owner of any seized fireworks is not known to the State Fire Marshal, the State Fire Marshal shall cause to be published, in a newspaper of general circulation in the county in which the seizure was made, notice of the seizure, and of the State Fire Marshal’s intention to dispose of the fireworks. The notice shall be published once each week for three consecutive weeks. If no person claims ownership of the fireworks within ten days of the date of the last publication, the State Fire Marshal may proceed with disposal of the fireworks. If the owner does claim the fireworks within ten days of the date of the last publication, a hearing as set out in division (C)(1) above shall be held.
(D) Nothing in KRS 227.700 to 227.752 shall restrict a local government from enacting ordinances that affect the sale or use of fireworks within its jurisdiction.
(KRS 227.750) (1992 Code, § 93.06)
FIRE PREVENTION
No person shall cause a blast to occur within the city without making application in writing beforehand, setting forth the exact nature of the intended operation, and receiving a permit to blast from the city. The city, before granting such permit may require the applicant to provide a bond to indemnify the city and all other persons against injury or damages which might result from the proposed blasting.
(1992 Code, § 93.20) Penalty, see § 92.99
(A) All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire.
(B) Waste paper, ashes, oil rags, waste rags, excelsior or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind. Proper fireproof receptacles shall be provided for such hazardous materials.
(C) No matter shall be stored or arranged in a manner which impedes or prevents access to or exit from any premises in case of fire.
(1992 Code, § 93.21) Penalty, see § 92.99
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