2013 Kentucky Revised Statutes CHAPTER 227 - FIRE PREVENTION AND PROTECTION -- ELECTRICIANS 227.715 Requirements for sale of certain consumer fireworks.
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227.715 Requirements for sale of certain consumer fireworks.
Except as provided in KRS 227.710, the consumer fireworks described in KRS
227.702 may be offered for sale, sold at retail, or kept with the intent to sell, only if
the following requirements are met:
(1) Any person, firm, co-partnership, nonprofit, or business intending to sell
consumer fireworks described in KRS 227.702(1) shall register annually with
the state fire marshal, who may assess a fee of no more than twenty-five
dollars ($25) for each site at which fireworks shall be sold. The registration
requirement under this section 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;
(2) 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 KRS 227.702(1), or
shall meet the criteria for "seasonal retailer" described in subsection (3) of this
section;
(3) "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 two hundred fifty dollars ($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;
(4) Any person, firm, co-partnership, nonprofit, or corporation intending to sell
consumer fireworks, as defined in KRS 227.702(2) and (3) as the primary
source of business, that is not a seasonal retailer as defined in subsection (3)
of this section, shall register with the state fire marshal, who may assess a fee
of no more than five hundred dollars ($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;
(5) The annual registration required by this section shall be received by the state
fire marshal at least fifteen (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. If the registration is
received less than fifteen (15) days prior to offering fireworks for sale at the site
for which registration is intended, an additional assessment of one hundred
dollars ($100) shall be added to the initial fee;
(6) Each site at which fireworks are offered for sale shall have its registration
certificate displayed in a conspicuous location at the site;
(7) 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 (National Fire Protection Association)
Code for the Manufacture, Transportation, Storage, and Retail Sales of
Fireworks and Pyrotechnic Articles (adopted edition);
(8)
No person or business shall give, offer for sale, or sell any consumer fireworks
listed in KRS 227.702 to any person under eighteen (18) years of age;
(9) No person under eighteen (18) years of age may be employed by a fireworks
distribution facility or manufacturing facility. No person under eighteen (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;
(10) 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); and
(11) A person lawfully possessing consumer fireworks, as defined in KRS
227.702(2) and (3) may use those items if:
(a) He or she is at least eighteen (18) years of age;
(b) Fireworks are not ignited within two hundred (200) feet of any structure,
vehicle, or any other person; and
(c) Use of the fireworks does not place him or her in violation of any lawfully
enacted local ordinance.
Effective:March 16, 2011
History: Amended 2011 Ky. Acts ch. 66, sec. 7, effective March 16, 2011. -Amended 2010 Ky. Acts ch. 24, sec. 426, effective July 15, 2010. -- Amended
2004 Ky. Acts ch. 70, sec. 2, effective July 13, 2004. -- Created 1994 Ky. Acts
ch. 335, sec. 1, effective July 15, 1994.
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