HB 333/FN (BR 915) - J. Bell, T. Kerr, M. King, M. Marzian
AN ACT relating to fireworks and making an appropriation therefor.
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; require Division of Fire Prevention to assign a number to each permit; require a permit holder to affix the number to all orders and invoices; require a consignee to hold a 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 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; 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; permit retailer or seasonal retailer to sell permissible items of consumer fireworks; exclude items from definition of fireworks; establish requirements for storage, location, and display of fireworks; forbid the retail sale of consumer fireworks to intoxicated person or persons under the age of 16; prohibit exploding or igniting fireworks from within a moving vehicle; prohibit the manufacture, possession, shipment, sale, and use of "illegal ground salutes"; list exceptions to application of chapter; establish conditions for seizure of fireworks as contraband and the process required prior to resale or disposal of seized items; 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 an exhibitor’s license 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; 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 consumer 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; establish penalties for violation of chapter; amend KRS 227.782 to direct moneys collected from fees into the fire prevention and public safety fund; require that funds be used to administer this Act and to support fire and safety prevention programs; amend KRS 227.990 to establish penalties and to conform.
HB 333 - AMENDMENTS
HCS/FN - Delete original provisions and replace substantially n lieu thereof with text of HB 177 to create a new section of KRS Chapter 227 to establish storage; amend KRS 227.702 to define "consumer" fireworks; amend KRS 227.706 to define "display" fireworks; amend KRS 227.710 to define "competent display operator" and establish requirements for the operation of a fireworks display; amend KRS 227.715 to permit permanent business establishments that sell consumer fireworks as a secondary course of business to only sell those described in 227.702(1); define "seasonal retailer"; require businesses selling fireworks year round as primary source of business to register with state fire marshal and pay a fee of not more than $500; permit fire marshal to assess a fee not to exceed $250 for a seasonal retailer; prohibit sales of fireworks to persons under 18 years of age; prohibit persons under 18 to be employed by a manufacturing or distribution facility, or unless supervised by a parent or guardian at a retail sales location; establish process for seizure of fireworks stored in violation of chapter; authorize local jurisdictions to enact ordinances further restricting sale and use of fireworks.
HCA (1/Title, J. Bell) - Make title amendment.
HFA (1, T. Kerr) - Retain original provisions except add term “theatrical pyrotechnic” and reference the American Pyrotechnic Association’s APA 87-1 for its definition; add requirement for supplier of fireworks to fill out required storage report; allow seasonal retailer to file only one report for items stored during July 4 and New Year’s holidays; update definitions of items under the “ground and hand-held sparkling devices,” ”aerial devices,” and “audible ground devices" categories to conform with latest APA standards; direct the transportation, retail sale, possession, sale and use of consumer fireworks to be allowed throughout the state at all times; add “pyrotechnic devices” to definition of “display fireworks”; add firm, co-partnership, and non-profit to entities required to register to sell consumer fireworks; restrict igniting fireworks within 200 feet of another person; include permanent businesses, temporary businesses, stores, stands, and tents in definition of “seasonal retailers”; require all retail sites to charge sales tax.
HFA (2/Title, J. Bell) - Make title amendment.
Feb 3-introduced in House
Feb 4-to Licensing & Occupations (H)
Feb 15-posted in committee
Feb 18-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Feb 22-2nd reading, to Rules
Feb 23-posted for passage in the Regular Orders of the Day for Thursday, February 24, 2011
Feb 24-floor amendment (1) filed to Committee Substitute, floor amendment (2-title) filed
Feb 25-3rd reading; Committee Substitute adopted; floor amendment (1) adopted ; laid on clerk's desk
Feb 28-taken from clerk's desk; placed in the Orders of the Day; passed 92-6 with Committee Substitute, floor amendments (1) and (2-title)
Mar 1-received in Senate
Mar 2-taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to State & Local Government (S)
Mar 3-reported favorably, 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 4, 2011
Mar 4-3rd reading, passed 30-4-1; received in House; enrolled, signed by each presiding officer; delivered to Governor
Mar 16-signed by Governor