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(A) Items described in division § 93.01(A) (see “consumer fireworks”) are legal for retail sale, provided all applicable federal and state requirements with respect thereto are met.
(B) Items described in division § 93.01(A) (see “display fireworks”) are not legal for retail sale, but are legal under permits granted pursuant to this chapter for the purposes specified in this subchapter for public displays and may be sold at wholesale as provided in this subchapter.
(C) Items described in division § 93.01(E) are legal for retail sale; provided all applicable federal and state requirements with respect thereto are met.
(KRS 227.708)
No person, firm, copartnership, or corporation shall offer for sale, expose for sale, sell at retail, or keep with intent to sell, possess, use, or explode any display fireworks, except as follows.
(A) (1) The Chief of the Fire Department, or other authorized city official, may grant permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations or groups of individuals.
(a) Every display shall be handled by a competent display operator to be approved by the public official by whom the permit is granted, and shall be of a character, and so located, discharged, or fired as in the opinion of the official, after proper inspection, to not be hazardous to property or endanger any person.
(b) COMPETENT DISPLAY OPERATOR shall be defined as the person with overall responsibility for the operation and safety of a fireworks display. The competent display operator shall have a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) License and have participated as an assistant in firing at least five public displays. A COMPETENT DISPLAY OPERATOR is also an employee possessor.
(2) A permit under this division (A) shall be issued only to a competent display operator holding an ATF license. At least one competent display operator shall be on site during display set-up and firing. This competent display operator shall maintain a copy of the permit application, as signed by the local authority having jurisdiction as identified in this section, on site and at all times the display is in place, and shall be presented on demand of the State Fire Marshal or local Fire Chief.
(3) All public displays that require issuance of a permit shall be conducted in accordance with the provisions of National Fire Protection Association (NFPA) 1123, Code for Fireworks Display (2018 Edition). Permits shall be filed with the State Fire Marshal at least 15 days in advance of the date of the display. After the privilege is granted, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this division shall be transferable. For the purposes of this division (A), PUBLIC DISPLAY OF FIREWORKS shall include the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors.
(4) Any person remaining within the display area shall be identified as licensed by the ATF, or an employee thereof, or be an assistant in training to become a competent display operator. All persons remaining within the display area shall be at least 18 years of age. The Commissioner of the Department of Housing, Buildings, and Construction, with recommendation from the State Fire Marshal, shall promulgate administrative regulations in accordance with KRS Chapter 13A to administer the provisions of this division (A). The regulations shall address the process by which permits are issued and any other procedures that are reasonably necessary to effectuate this division (A).
(B) The sale, at wholesale, of any display fireworks for permitted displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives if the sale is to the person holding a display permit as outlined in division (A) above. The permit holder shall present the permit along with other verifiable identification at the time of sale.
(C) The sale of display fireworks in accordance with a license issued by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(D) The sale and use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, and highway use.
(E) The use of fuses and railway torpedoes by railroads.
(F) The sale and use of blank cartridges for use in a show or theater or for signal or ceremonial purposes in athletics or sports.
(G) The use of any pyrotechnic device by military organizations.
(H) The use of fireworks for agricultural purposes under the direct supervision of the United States Department of the Interior, or any equivalent or local agency.
(I) Nothing in this section shall prohibit a person, firm, co-partnership, nonprofit, or corporation from offering for sale, exposing for sale, selling at retail, keeping with intent to sell, possessing or using consumer fireworks as defined in KRS 227.702 and as permitted pursuant to KRS 227.715.
(KRS 227.710) Penalty, see § 93.99
(A) (1) Any person, firm, co-partnership, nonprofit, or business intending to sell consumer fireworks described in § 93.01(A) shall register annually with the State Fire Marshal, who may assess a fee of no more than $25 for each site at which fireworks shall be sold.
(2) The registration requirement under this division (A) shall not apply to permanent business establishments which are open year round and in which the sale of fireworks is ancillary to the primary course of business. Each location shall be required to charge sales tax at the current rate imposed on retailers in KRS 139.200.
(B) Permanent business establishments open year-round and in which the sale of consumer fireworks is ancillary to the primary course of business shall only be permitted to sell those consumer fireworks described in § 93.01(A), or shall meet the criteria for seasonal retailer, as described in division (C) below.
(C) SEASONAL RETAILERS shall be defined as any person, firm, co-partnership, nonprofit, or corporation intending to sell consumer fireworks between June 10 and July 7, or December 26 and January 4, of each year, or both, and shall include permanent businesses, temporary businesses, stores, stands, or tents. A seasonal retailer shall register with the State Fire Marshal, who may assess a fee of no more than $250 for each site at which fireworks shall be sold. Each location shall be required to charge sales tax at the current rate imposed on retailers in KRS 139.200.
(D) Any person, firm, co-partnership, nonprofit, or corporation intending to sell consumer fireworks, as defined in § 93.01(A), as the primary source of business, that is not a seasonal retailer as defined in division (C) above, shall register with the State Fire Marshal, who may assess a fee of no more than $500 for each site at which fireworks will be sold. Each location shall be required to charge sales tax at the current rate imposed on retailers in KRS 139.200.
(E) (1) The annual registration required by this section shall be received by the State Fire Marshal at least 15 days prior to offering fireworks for sale at the site for which the registration is intended. Evidence that a sales and use tax permit has been obtained from the Department of Revenue shall be presented to the State Fire Marshal as a condition of registration.
(2) If the registration is received less than 15 days prior to offering fireworks for sale at the site for which registration is intended, an additional assessment of $100 shall be added to the initial fee.
(F) Each site at which fireworks are offered for sale shall have its registration certificate displayed in a conspicuous location at the site.
(G) Each site at which fireworks are offered for sale shall comply with all applicable provisions of the International Building Code, with state amendments (2018 Edition), and NFPA 1124 (National Fire Protection Association) Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (2022 Edition).
(H) No person or business shall give, offer for sale, or sell any consumer fireworks listed in § 93.01(A) to any person under 18 years of age.
(I) 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 this section unless the individual is supervised by a parent or guardian.
(J) The State Fire Marshal may revoke the registration of any site which is in violation of a requirement of this section, or any other requirement provided pursuant to this chapter. If the violation renders any property especially susceptible to fire loss, and there is present such hazard to human life or limb that the public safety imperatively requires emergency action, the State Fire Marshal may take that action, as provided in KRS 227.330(6).
(K) A person lawfully possessing consumer fireworks, as defined in § 93.01(A) may use those items if:
(1) He or she is at least 18 years of age;
(2) The fireworks are not ignited within 200 feet of any structure, vehicle, or any other person; and
(3) The use of the fireworks does not place him or her in violation of any lawfully enacted local ordinance.
(KRS 227.715) Penalty, see § 93.99
No permit shall be issued under § 93.03 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 his or her 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) Penalty, see § 93.99
Nothing in this subchapter shall prevent the retail sale and use of explosives or signaling flares used in the course of ordinary business or industry; 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 grain of explosive mixture; shells or cartridges, used as ammunition in firearms; 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)
(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 United States 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 through 227.750 shall restrict a local government from enacting ordinances that affect the sale or use of fireworks within its jurisdiction.
(KRS 227.750)
FIRE PREVENTION
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