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(A) As used in KRS 227.700 through 227.750, FIREWORKS means 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” as defined in division (D) below and as set forth in the U.S. Department of Transportation’s (DOT) hazardous materials regulations. FIREWORKS does not include the following.
(1) Exception number one: 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 said regulations, are not considered to be FIREWORKS and shall be allowed to be used and sold at all times.
(2) Exception number two: Model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models are not considered to be FIREWORKS.
(3) Exception number three: Propelling or expelling charges consisting of mixture of sulfur, charcoal and saltpeter are not considered as being designed for producing audible effects.
(B) As used in KRS 227.700 to 227.750, CONSUMER FIREWORKS are fireworks suitable for use by the public and designed primarily to produce visible effects by combustion, and that comply with the construction, chemical composition and labeling regulations of the U.S. Consumer Products Safety Commission. The types, sizes and amount of pyrotechnic contents of these devices are limited as enumerated in this subchapter. 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. CONSUMER FIREWORKS are further defined by the Consumer Product Safety Commission in CPSC, 16 C.F.R. pts. 1500 and 1507, are classified as Division 1.4G Class C explosives by the U.S. DOT and include the following.
(1) Ground and hand-held sparkling devices.
(a) 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.
(b) Cylindrical fountain. Cylindrical tube containing not more than 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, 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.
(c) Cone fountain. 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.
(d) Illuminating torch. Cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held. 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.
(e) 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.
(f) Ground spinner. Small device containing not more than 20 grams of pyrotechnic composition, similar 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.
(g) Flitter sparkler. 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.
(h) Toy smoke device. 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.
(2) Aerial devices.
(a) Sky rockets and bottle rockets. 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.
(b) 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.
(c) 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.
(d) Roman candles. Heavy paper or cardboard tube containing up to 20 grams of pyrotechnic composition. Upon ignition, up to ten stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several-second intervals.
(e) Mine, 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, bust charge and visible or audible effect composition). Upon ignition, “stars,” components producing reports containing up to 130 milligrams of explosive composition per report, 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 mine or shell device may contain more than one tube provided the tubes fire in sequence upon ignition of one external fuse. The term CAKE refers to 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. 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.
(f) 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. In addition, 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. 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.
(3) Audible ground devices.
(a) Firecrackers, salutes. 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.
(b) Chaser. 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.
(KRS 227.702)
(C) Items listed below are classified as NOVELTIES and TRICK NOISEMAKERS and are not classified as common fireworks by the U.S. DOT, and their transportation, storage, retail sale, possession, sale and use shall be allowed throughout the state at all times:
(1) Snake, glow worm. 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;
(2) Smoke device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect;
(3) Wire sparkler. 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; and
(4) Trick noisemaker. Item that produces a small report intended to surprise the user. These devices include:
(a) Party popper. 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;
(b) Booby trap. 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) Snapper. 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;
(d) Trick match. 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;
(e) Cigarette load. 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; and
(f) Auto burglar alarm. 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.
(KRS 227.704)
(D) As used in KRS 227.700 to 227.750, DISPLAY FIREWORKS means pyrotechnic devices or large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The 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. DISPLAY FIREWORKS are defined by the Consumer Product Safety Commission in CPSC, 16 C.F.R. pts. 1500 and 1507, and are classified as Class B explosives by the U.S. DOT.
(KRS 227.706)
(E) The legality of items is as follows.
(1) Items described in division (B) above are legal for retail sale, provided all applicable federal and state requirements with respect thereto are met.
(2) Items described in division (D) above are not legal for retail sale but are legal under permits granted pursuant to this chapter for the purposes specified in this chapter for public displays and may be sold at wholesale as provided in this subchapter.
(3) Items described in division (C) above are legal for retail sale provided all applicable federal and state requirements with respect thereto are met.
(KRS 227.708)
(Prior Code, § 93.01)
No person, firm, co-partnership or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell, possess, use or explode, any display fireworks, except as follows:
(A) 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. 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 such character, and so located, discharged or fired as in the opinion of the official, after proper inspection, shall not be hazardous to property or endanger any person. 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 U.S. 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. 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. 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 (adopted 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 (A) 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. 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 fireworks for supervised displays by any resident manufacturer, wholesaler, dealer or jobber, in accordance with regulations of the U.S. 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 U.S. 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 purpose 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 U.S. Department of the Interior or any equivalent or local agency; and
(KRS 227.710)
(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)
(Prior Code, § 93.02) Penalty, see § 92.99
(A) Any person, firm, co-partnership, nonprofit or business intending to sell consumer fireworks 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. 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 § 92.01(B), or shall meet the criteria for “seasonal retailer” 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 § 92.01(B) 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.
(2) 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.
(3) 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 Kentucky Amendments (adopted edition), and NFPA 1124 - Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles (adopted edition).
(H) No person or business shall give, offer for sale or sell any consumer fireworks listed in § 92.01(B) 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 subchapter. 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 § 92.01(B) may use those items if:
(1) He or she is at least 18 years of age;
(2) Fireworks are not ignited within 200 feet of any structure, vehicle or any other person; and
(3) Use of the fireworks does not place him or her in violation of any lawfully enacted local ordinance.
(KRS 227.715) (Prior Code, § 93.03) Penalty, see § 92.99
No permit shall be issued under § 92.02 of this code 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) (Prior Code, § 93.04) Penalty, see § 92.99
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, or 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 of a 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) (Prior Code, § 93.05)
(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 subchapter. 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 227.750 shall restrict a local government from enacting ordinances that affect the sale or use of fireworks within its jurisdiction.
(KRS 227.750) (Prior Code, § 93.06)
FIRE PREVENTION
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