10RS House Bill 386

House Bill 386

Actions

Last Action	posted in committee
Title	AN ACT relating to fireworks and making an appropriation therefor.
Bill Documents	Bill
Impact Statements	Local Mandate
Bill Request Number	162
Sponsors	J. Bell, J. Lee, T. Moore, S. Rudy
Summary of Original Version	Repeal and reenact KRS 227.700 to 227.750 regarding fireworks to define terms; require permit to manufacture, sell, offer for sale, ship, or receive fireworks; prohibit consumer purchase of fireworks by mail order; prohibit issuance of permit to person under 18; establish $1,000 annual permit fee for manufacturer, distributor, retailer, wholesaler, and exhibitor, and $100 fee for seasonal retailer; authorize conduct of business associated with each permit; direct permit fees collected as expendable receipts of the fire prevention division; charge the state fire marshal with enforcement of chapter and grant authority to designate deputy fire marshal as fireworks enforcement officer; require the fire marshal to assign a number to each permit; require a permit holder to affix the number to all orders and invoices; require a consignee to a hold permit before shipping or delivering fireworks; authorize purchases only from a seller holding a permit; require a distributor, manufacturer, and wholesaler to keep accurate record of sales; direct that requests for retailer's or seasonal retailer's permits be accompanied by a statement that the sale of fireworks is permissible in the city, county, or other local jurisdiction; grant localities authority to restrict sale of fireworks by ordinance; permit the fire marshal to inspect the location for each permit and to revoke permits for violation of the chapter; direct that permits do not replace privilege licenses and the county clerk must require proof of a permit issued by state fire marshal prior to issuance of a state or county license; authorize permissible fireworks including those classified as D.O.T. Class C common fireworks and items that comply with construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission and those permitted for use by the general public; establish conditions of sale and use of permissible fireworks; list exemptions to definition of fireworks; establish requirements for storage, location, and display of fireworks; require protection of fuses; create new sections of KRS Chapter 227 to forbid the retail sale of Class C fireworks to intoxicated person or persons under the age of 16; prohibit exploding or igniting fireworks from within a moving vehicle, within 600 feet of a church, hospital, asylum, or public school, or within 200 feet of a location where fireworks are stored or sold; prohibit the manufacture, possession, shipment, sale, and use of "illegal ground salutes"; establish conditions for seizure of fireworks as contraband and the process required prior to destroying; list exceptions to application of chapter; grant local governments control of sale and use of fireworks within their jurisdictions; require an exhibitor's license to perform outdoor fireworks display, proximate pyrotechnic display, or indoor or outdoor display using flame effects; establish conditions and application requirements for issuance of a permit and renewal; establish penalties and conditions for denial, suspension, revocation, or refusal to renew exhibitor's license or certification; direct the fire marshal to establish a program of certification for an outdoor fireworks display operator, proximate pyrotechnic display operator, and flame effect display operator; direct the fire marshal to promulgate administrative regulations to establish scope and type of required examinations; allow for reciprocity; prohibit anyone other than a certified operator to perform an outdoor display using display or 1.4G fireworks; require a certified operator to be present during preparation for a display; prohibit an exhibitor or certified operator from performing outdoor fireworks display, proximate pyrotechnic display, or flame effect display except in accordance with NFPA regulations and administrative regulations promulgated by the state fire marshal; exempt individuals and organizations using Class C common fireworks for personal or display use; establish requirements for public displays, including permit application process; require fire personnel and extinguishers at each event; require the fire marshal to collect a permit fee from the sponsor for each event; require Class B fireworks to be stored in accordance with NFPA regulations and federal, state, and local laws; charge the fire marshal with the administration and enforcement of this chapter; direct the fire marshal to promulgate administrative regulations relating to licensing of exhibitors, certification of operators, training, examinations, manufacture, handling, and standards for storage and use, and the code for fireworks display; grant control of the legal sale and use of fireworks to local jurisdictions; create a fireworks advisory council, establish membership and duties; establish penalties for violation of fireworks section of chapter.
Index Headings of Original Version	Hazardous Materials - Fireworks, broaden permitted use and sale of Fireworks - Omnibus chapter revisions Local Mandate - Fireworks, broaden permitted use and sale of Fire Prevention - Fireworks, broaden permitted use and sale of Explosives - Fireworks, broaden permitted use and sale of

02/04/10	introduced in House
02/08/10	to Military Affairs & Public Safety (H)
03/09/10	posting waived
03/10/10	posted in committee