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§ 92.04 BOND OR LIABILITY INSURANCE REQUIREMENT.
   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
§ 92.05 EXEMPTED SALES AND USES.
   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)
§ 92.06 DESTRUCTION OF FIREWORKS.
   (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
§ 92.20 BLASTING PERMIT.
   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
§ 92.21 STORAGE OF FLAMMABLE AND OTHER MATTER.
   (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
OUTDOOR WOOD FURNACES
§ 92.35 DEFINITIONS.
   For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHIMNEY. Flue or flues that carries off exhaust from an outdoor wood furnace firebox or burn chamber.
   EPA OWHH PHASE 1 PROGRAM. EPA OWHH (outdoor wood fired hydronic heater program) Phase 1 program administered by the United States Environmental Protection Agency.
   EPA OWHH PHASE 1 PROGRAM QUALIFIED MODEL. An outdoor wood fired hydronic heater that has been EPA OWHH Phase 1 program qualified. The model has met the EPA OWHH Phase 1 emission level and has the proper qualifying label and hang tag.
   EXISTING OUTDOOR WOOD FURNACE. An outdoor wood furnace that was purchased and installed prior to the effective date of this subchapter.
   NATURAL WOOD. Wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins of glue as in plywood or other composite wood products.
   NEW OUTDOOR WOOD FURNACE. An outdoor wood furnace was first installed, established or constructed after the effective date of this subchapter.
   OUTDOOR WOOD FURNACE. Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors of the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system provided for any interior space or water source. An OUTDOOR WOOD FURNACE may also be referred to as an outdoor wood boiler or outdoor wood fired hydronic heater.
(1992 Code, § 93.50) (Ord. 17-2009, passed 11-17-2009)
§ 92.36 REGULATIONS FOR OUTDOOR WOOD FURNACES.
   (A)   No person shall, from the effective date of this subchapter, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable sections of this subchapter.
   (B)   No person shall, from the effective date of this subchapter operate an outdoor wood furnace unless such operation conforms with the manufacturer’s instructions regarding such operation and the requirements of this subchapter regarding fuels that may be burned in an outdoor furnace as set forth in § 92.37(A) and (B) and chimney height as set for in § 92.37(D) and whatever regulations required by the state and federal environmental protection agencies or other state and/or federal regulations.
   (C)   All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and the requirements of this subchapter. In the event of a conflict, the requirements of this subchapter shall apply unless the manufacturer’s instructions are stricter, in which case the manufacturer’s instructions shall apply.
   (D)   The owner of any outdoor wood furnace shall produce the manufacturer’s owners manual or installation instructions to the city’s Code Enforcement Officer, Zoning Administrator, police officer or any other city official designated to enforce this subchapter by the Mayor, to review prior to installation.
   (E)   All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CCAA/CSA, ANSI or other applicable safety standards.
   (F)   If an existing outdoor wood furnace is, through the course of a proper investigation by the city, creating a verifiable nuisance, as defined by this subchapter, or any other ordinance defining nuisance within the city or any state law definition of a nuisance, the following steps may be taken by the city:
      (1)   Modifications made to the unit to eliminate the nuisance such as extending the chimney, or relocating the outdoor wood furnace or both; and
      (2)   Cease and desist operating the unit until reasonable steps can be taken to insure that the outdoor wood furnace will not be a nuisance.
(1992 Code, § 93.51) (Ord. 17-2009, passed 11-17-2009) Penalty, see § 92.99
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