CHAPTER 92: FIREWORKS; FIRE PREVENTION
Section
Fireworks
   92.001   Definitions
   92.002   Prohibition
   92.003   Sale of fireworks
   92.004   Permanent retail fireworks permit
   92.005   Signs required
   92.006   Ancillary retail fireworks permit
   92.007   Revocation of permit
Fire Prevention Code
   92.020   Fire Prevention Code adopted
   92.021   Designated enforcement officer
   92.022   Fire lane parking
Blasting; Flammable Containers
   92.035   Blasting permit
   92.036   Storage of flammables and other matter
Fireproofing Commercial Garages
   92.050   Definitions
   92.051   Fireproof construction required
   92.052   Volatile inflammable liquids to be kept in safety cans; portable filling tanks
   92.053   Electrical charging apparatus
   92.054   Smoking prohibited
   92.055   Sand to be used to absorb waste oils on floor for fire extinguishing purposes
   92.056   Chemical fire extinguishers
   92.057   Inflammable waste materials to be deposited in self-closing metal cans
   92.058   Calcium carbide to be maintained in airtight containers of noncombusitble material
   92.059   Regulations to be posted
Hauling Dangerous Substances
   92.070   Definitions
   92.071   Operators to notify Fire Department of transporting within city
Open Burning
   92.085   Permit required for open fire
   92.086   Permit required for burning on construction or demolition sites
   92.087   Location and containment of open fires
   92.088   Constant attention to open fires required
   92.089   Garden hose or fire extinguishment devices required
   92.090   Authority to prohibit open fires
Smoke Detectors
   92.100   Definitions
   92.101   Smoke detection required
   92.102   Type and placement of smoke detectors
   92.103   Providing, installing and maintaining smoke detectors
   92.104   Supplemental standards
   92.105   Enforcement
   92.106   Final action and appeals
   92.107   Emergency order
 
   92.999   Penalty
Cross-reference:
   Fire Department, see Ch. 38
FIREWORKS
§ 92.001 DEFINITIONS.
   For the purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires 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. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023)
§ 92.002 PROHIBITION.
   The use or sale of fireworks, including consumer fireworks, is prohibited in the city except in accordance with the provisions of this subchapter.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012) Penalty, see § 92.999
§ 92.003 SALE OF FIREWORKS.
   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. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012) Penalty, see § 92.999
§ 92.004 PERMANENT RETAIL FIREWORKS PERMIT.
   Permanent fireworks retailers shall obtain and keep in force a city issued permanent retail fireworks permit (the “permanent permit”) under the following terms and conditions:
   (A)   Applications for the permanent permit shall be submitted to the Ludlow Police 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 Marshall in accordance with the applicable provisions of KRS Chapter 227.
   (C)   The application must be endorsed by the Planning and Development Services of Kenton County indicating that the proposed location on the application is zoned appropriately for the conduct of the 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.
   (J)   If the permanent permit is not renewed, it shall automatically 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, whichever occurs earlier. 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 Ludlow Police 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. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 92.999
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