Loading...
(A) Common terms. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORKS. As used in KRS 227.700 through 227.750, fireworks that are suitable for use by the public, designed primarily to produce visible effects by combustion, and that comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission.
(a) The types, sizes, and amount of pyrotechnic contents of these devices are limited as enumerated in this section. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition.
(b) CONSUMER FIREWORKS are further defined by the Consumer Product Safety Commission in CPSC, 16 C.F.R. parts 1500 and 1507, are classified as Division 1.4G Class C explosives by the United States Department of Transportation, and include divisions (B) through (D) below.
DISPLAY FIREWORKS As used in KRS 227.700 through 227.750, pyrotechnic devices or large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation.
(a) This term includes, but is not limited to: firecrackers containing more than two grains (130 milligrams) of explosive composition; aerial shells containing more than 40 grams of pyrotechnic composition; and other display pieces which exceed the limits for classification as consumer fireworks.
(b) DISPLAY FIREWORKS are defined by the Consumer Product Safety Commission in CPSC, 16 C.F.R. parts 1500 and 1507, and are classified as Class B explosives by the United States Department of Transportation.
(KRS 227.706)
FIREWORKS. As used in KRS 227.700 through 227.750, any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of consumer fireworks or display fireworks, as defined above, and as set forth in the United States Department of Transportation’s (DOT) hazardous materials regulations, being 16 C.F.R. pt 1507, Fireworks Devices. FIREWORKS does not include:
(a) Toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps manufactured in accordance with DOT regulations, and packed and shipped according to those regulations, are not considered to be FIREWORKS and shall be allowed to be used and sold at all times;
(b) Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aerocraft models are not considered to be FIREWORKS; and
(c) Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and saltpeter are not considered as being designed for producing audible effects.
(KRS 227.700)
(B) Ground and hand-held sparkling devices.
CONE FOUNTAIN. A cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one cone is mounted on a common base, the total pyrotechnic composition may not exceed 200 grams, or 500 grams if the tubes are separated from each other on the base by a distance of at least one-half inch.
CYLINDRICAL FOUNTAIN. A cylindrical tube containing not more than 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or smoke, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be hand-held (handle fountain). When more than one tube is mounted on a common base, total pyrotechnic composition may not exceed 200 grams, or 500 grams if the tubes are separated from each other on the base by a distance of at least one-half inch.
DIPPED STICK-SPARKLER or WIRE SPARKLER. These devices consist of a metal wire or wood dowel that has been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of sparks is produced. SPARKLERS may contain up to 100 grams of pyrotechnic composition per item. Those devices containing any perchlorate or chlorate salts may not exceed five grams of pyrotechnic composition per item. WIRE SPARKLERS which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with DOT regulations.
GROUND SPINNER. Small device containing not more than 20 grams of pyrotechnic composition, similar in operation to a wheel, but intended to be placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
FLITTER SPARKLER. A narrow paper tube attached to a stick or wire and filled with not more than 100 grams of pyrotechnic composition that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function.
ILLUMINATING TORCH. A cylindrical tube containing up to 100 grams of pyrotechnic composition; may be spike, base, or hand-held. Upon ignition, colored fire is produced. When more than one tube is mounted on a common base, the total pyrotechnic composition may not exceed 200 grams, or 500 grams if the tubes are separated from each other on the base by a distance of at least one-half inch.
TOY SMOKE DEVICE. A small plastic or paper item containing not more than 100 grams of pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
WHEEL. A device attached to a post or tree by means of a nail or string. A WHEEL may have one or more drivers, each of which may contain not more than 60 grams of pyrotechnic composition. No WHEEL may contain more than 200 grams total pyrotechnic composition. Upon ignition, the WHEEL revolves, producing a shower of color and sparks and, sometimes, a whistling effect.
(C) Aerial devices.
AERIAL SHELL KIT, RELOADABLE TUBE. A package kit containing a cardboard, high-density polyethylene (HDPE), or equivalent launching tube with multiple-shot aerial shells. Each aerial shell is limited to a maximum of 60 grams of total chemical composition (lift charge, burst charge, and visible or audible effect composition), and the maximum diameter of each shell shall not exceed one and three-quarter inches.
(a) The maximum quantity of lift charge in any shell shall not exceed 20 grams, and the maximum quantity of break or bursting charge in any shell shall not exceed 25% of the total weight of chemical composition in the shell. The total chemical composition of all the shells in a kit, including lift charge, shall not exceed 400 grams. The user lowers a shell into the launching tube, at the time of firing, with the fuse extending out of the top of the tube.
(b) After the firing, the tube is then reloaded with another shell for the next firing. All launching tubes shall be capable of firing twice the number of shells in the kit without failure of the tube. Each package of multiple-shot aerial shells must comply with all warning label requirements of the Consumer Product Safety Commission.
HELICOPTER, AERIAL SPINNER. A tube containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
MINE or SHELL. Heavy cardboard or paper tube usually attached to a wood or plastic base and containing up to 60 grams of total chemical composition (lift charge, burst charge, and visible or audible effect composition). Upon ignition, stars, or other devices, are propelled into the air. The term MINE refers to a device with no internal components containing a bursting charge, and the term SHELL refers to a device that propels a component that subsequently bursts open in the air.
(a) A MINE or SHELL device may contain more than one tube provided the tubes fire in sequence upon ignition of one external fuse. The maximum quantity of lift charge in any one tube of a MINE or SHELL device shall not exceed 20 grams, and the maximum quantity of break or bursting charge in any component shall not exceed 25% of the total weight of chemical composition in the component. The tube remains on the ground.
(b) CAKE. A dense-packed collection of mine or shell tubes. Total chemical composition including lift charges of any multiple tube devices may not exceed 200 grams.
(c) STARS. Pellets of pressed pyrotechnic composition that burn with bright color; components producing reports containing up to 130 milligrams of explosive composition per report.
MISSILE-TYPE ROCKET. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.
ROMAN CANDLES. A heavy paper or cardboard tube containing up to 20 grams of pyrotechnic composition. Upon ignition, up to ten stars are individually expelled at several-second intervals.
SKY ROCKETS and BOTTLE ROCKETS. A cylindrical tube containing not more than 20 grams of pyrotechnic composition. SKY ROCKETS contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise, or both, is produced at the height of flight.
(D) Audible ground devices.
CHASER. A small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed 50 milligrams.
FIRECRACKERS and SALUTES. A small paper-wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition. Those used in aerial devices may contain not more than 130 milligrams of explosive composition per report. Upon ignition, noise and a flash of light is produced.
(KRS 227.702)
(E) Novelties and trick noisemakers. Items listed below are classified as novelties and trick noisemakers and are not classified as common fireworks by the United States Department of Transportation, and their transportation, storage, retail sale, possession, sale, and use shall be allowed throughout the state at all times.
SMOKE DEVICE. A tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
SNAKE or GLOW WORM. A pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
TRICK NOISEMAKER. An item that produces a small report intended to surprise the user. These devices include the devices described in divisions (a) through (f) below.
(a) AUTO BURGLAR ALARM. A tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. A squib is used to ignite the device.
(b) BOOBY TRAP. A small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
(c) CIGARETTE LOAD. A small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
(d) PARTY POPPER. A small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
(e) SNAPPER. A small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
(f) TRICK MATCH. A kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.
WIRE SPARKLER. A wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(KRS 227.704)
(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
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 authorized city official. The authorized city official, before granting the 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.
Penalty, see § 93.99
(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 these 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.
Penalty, see § 93.99
Loading...