227.715 Requirements for sale of certain consumer fireworks.
772 words·~4 min read·
/ky/chapter-227/227-715A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.