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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
The following regulations and requirements are hereby adopted and set forth in accordance with KRS 83A.060(5), and are made a part of the permanent records of the city.
(A) The periods commencing on February 15 and ending on April 30, and commencing on October 1 and ending on December 15, of each year are hereby declared to be and established as the fire hazard seasons. During the fire hazard seasons, even though the precautions required by KRS 149.375 shall have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any flammable material capable of spreading fire, located in or within 150 feet of any woodland or brushland, except between the hours of 6:00 p.m. and 6:00 a.m. prevailing local time, or when the ground is covered with snow.
(B) This section shall not apply to fires which may be set for the purpose of burning plant beds.
(C) This section shall not apply to fires which may be set by competent and qualified employees of railroad, utility, or pipeline companies in connection with the construction, operation, or maintenance of railroads, pipelines, power lines, or other projects in the public interest on rights-of-way used for such railroads, pipelines, power lines, or other projects, and such fires shall be attended at all times and be extinguished before the employees of such railroad, utility, or pipeline companies leave the vicinity of the fire.
(D) This section shall not apply to fires set by trained and qualified employees of a state government agency on land owned by the state, or leased or managed by the state under a written agreement with the landowner, and set for the specific purpose of wildlife or plant habitat improvement, ecological site restoration, site preparation for natural or artificial regeneration or fuel reduction. Non-governmental organizations and other governmental agencies may apply to the Division of Forestry for written approval to set fires under this section. Fires set under this section shall be in accordance with KRS 149.375. Persons who set such fires shall give written notification of the burn to the local Division of Forestry district office at least 24 hours in advance and obtain the approval of the district office.
(Ord. 01-2017, passed 2-22-2017) Penalty, see § 93.99
Statutory reference:
Related provisions, see KRS 149.400
OPEN BURNING
The following regulations and requirements are hereby adopted and set forth, in accordance with KRS 83A.060(5), and are made a part of the permanent records of the city.
(A) Necessity, function, and conformity.
(1) KRS 224.10-100 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution.
(2) KRS 224.20-110 prohibits any person from, directly or indirectly, emitting into or discharging into the air under the jurisdiction of the commonwealth, or causing, permitting, or allowing to be emitted or discharged into the air, any contaminants as provided for in subsection (1) of KRS 224.01-010 that shall cause or contribute to the pollution of the air of the commonwealth in contravention of any of the rules, administrative regulations, or orders of the cabinet. This administrative regulation establishes requirements for the control of open burning.
(B) Applicability. This administrative regulation shall apply to all open burning that is not subject to another administrative regulation in 401 KAR Chapters 50 through 65.
(C) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEAN LUMBER. Wood or wood products that have been cut or shaped and includes wet, air-dried, and kiln-dried wood products, and does not include commercial or industrial waste or wood products that have been painted, pigment-stained, or pressure-treated using any hazardous or toxic compounds.
FIRE TRAINING. The instruction of industrial, public, and private firefighters conducted in accordance with safety standards and procedures as accepted by the State Fire Marshal, the State Fire Commission, or the National Wildfire Coordinating Group.
GARBAGE. Putrescible animal and vegetable matter accumulated in the course of ordinary day-to-day living.
HOUSEHOLD RUBBISH. Waste material and trash normally accumulated by a family in a residence in the course of ordinary day-to-day living, except for garbage, cans, glass, plastic, or other potentially hazardous waste materials.
LAND CLEARING. Clearing of land for agricultural, residential, industrial, or commercial development purposes, including the construction of roads.
OPEN BURNING. The burning of any matter without a burn chamber, or without a stack or chimney with control devices, approved by the State Division for Air Quality.
PRIORITY I REGION. A region classified as Priority I in 401 KAR 50:020, Appendix A.
RECOGNIZED AGRICULTURAL, SILVICULTURAL, RANGE, ECOLOGICAL, or WILDLIFE MANAGEMENT PRACTICES. Burning recognized by the State Department of Agriculture, the United States Department of Agriculture, the State Division of Forestry, the United States Forest Service, the State Department of Fish and Wildlife, the State Nature Preserves Commission, or the United States Fish and Wildlife Service as necessary to promote cultivation of crops, range, and forest lands, weed and understory abatement, and pest control and prevention.
WOOD WASTE. Untreated wood and untreated wood products, including free stumps (whole or chipped), felled trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings and shavings. WOOD WASTE does not include: yard waste; construction, renovation, or demolition wastes; or clean lumber.
YARD WASTE. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs, which come from residential, commercial, retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. YARD WASTE does not include: construction, renovation, and demolition wastes; or clean lumber.
(Ord. 01-2017, passed 2-22-2017)
Statutory reference:
Related provisions, see KRS 149.400, 224.10-100, 224.20-100, 224.20-110, 224.20-120
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