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(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
(A) 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.
(B) The authorized city official, before granting such 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.
(Prior Code, § 93.20) Penalty, see § 92.99
(A) All flammable or combustible materials shall be arranged and stored in a manner which affords reasonable safety against the danger of fire.
(B) (1) Waste paper, ashes, oil rags, waste rages, 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.
(2) Proper fireproof receptacles shall be provided for such 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.
(Prior Code, § 93.21) Penalty, see § 92.99
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