227.750 Seizure and sale of fireworks stored and held in violation of chapter --
420 words·~2 min read·
/ky/227-750A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notice of proposed disposal of fireworks required -- Administrative hearing --
KRS 227.700 to 227.750 not to conflict with local ordinances.
(1)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 sixty
(60)days, the seized fireworks may be
offered for sale by closed bid to a properly certified fireworks wholesaler.
(2)After a period of sixty
(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
(5)business
days of the seizure.
(3)Before any seized fireworks may be disposed of:
(a)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
(b)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
(3)consecutive weeks.
If no person claims ownership of the fireworks within ten
(10)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
(10)days of the
date of the last publication, a hearing as set out in paragraph
(a)of this
subsection shall be held
(4)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.