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§ 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)
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