Ban smothers use of fireworks in city

I approve of the new ordinance. Why do people have to blow stuff up to celebrate the 4th? Fly the flag, cook out and enjoy the day. If people want to burn their own house down I guess that is their option. Just don't shoot stuff in the air and put my family and property at risk. I won't hesitate to call the police if someone is in violation.

If the intention of the ordinance is to promote consideration of one's neighbors-as Sellus states-why not simply pass an ordinance forbidding the use of fireworks within certain hours(as measure which I, and I'm sure many others, would support). Why the sweeping ban of all but the most basic of fireworks? I might add that most of the kinds legal in the city don't even make much noise.

There is a much bigger threat this year due to the drought situation - fires. If we don't get significant rain there may be a burn ban in place for the 4th. I suppose no one would be doing fireworks.

Folks can still celebrate the Independence Day the way they always have. The Commission simply directed staff to return the law to where it was two years ago. I frankly wouldn't even expect this change to have much effect. The availability of the previous banned fireworks is the real issue, and they will be just as available as they were last year without similar measures in the County. This ordinance will hopefully give local law enforcement the ability to better enforce violations at inappropriate hours, however (such as 2:00 am on July 10th, for example), which is the kind of activity the City is trying to mitigate.

Right, bodeen. I'm not agreeing with the full action, only the curfew, as in the latest one can detonate fireworks in the evening. To me, that's just out of courtesy to one's neighbors. As to the days on the calendar when it can happen, I don't care. There are all sorts of other noises - such as stereos and loud machinery - that are equally obnoxious and are allowed to be utilized every day.

tamedshrew, I fully understand being kept awake by uncaring neighbors. The city should had never allowed two weeks of constant booms after dark like that. But to outright ban me from celebrating the Fourth like I always had ON THE FOUTH is too much. Our fire ciefs shouldn't be using scare tactics of digits being blown off or deaths like this is what happens frequently. Those are very rare incidents that will always happen when idiots don't follow the safety procedures & common sense. The citizens did proove they know how to handle fireworks in a safty sense but didn't show courtesy by setting them off way into the night. The law could had stopped most of those people. I still got hundreds of dollars worth of nice fireworks left over from last years celebration that Frankforts finest stopped me at 9:30 pm. from setting off on the FOURTH & I live on a dead end next to the county. My yard is on the line litteraly & only have neighbors on one side . I even let several neighbors in a row know of my plans & they were all out watching & enjoying. It was not them that called. Just a cop wanting to play scrooge. If it aint hurting, W.T.H.!

I agree that a curfew (acceptable hours) was needed. I had neighbors who detonated fireworks around 2 a.m. several days preceding and following the holiday. Not only does it wake me up, but it stirs up my pets, who aren't as forgiving as I am about the noise.

As fireworks are still legal in the county, it is interesting to note how many vendors moved to the other side of the city limit. I wonder how well the ordinance is going to work as Frankfort is now surrounded by a "ring of fire". Y'all have fun with that.

I am pretty sure if someone wants to fight this they can. An injunction at the judge executives office would be prudent. State law is pretty specific when it comes to imposing bans on anything without a voter referendum. If the State had wanted individual cities to "make it up as they go" we would not have a KRS code or a state constitution.

Exactly how many frankfort residents went to the E-Room last year for firework related injury. How many houses burned down due to bottle rockets & fire crackers or roman candles. The two hundred foot limit for firecrackers from house, vehicle or person last year was too much. Why even allow the sell of legal fireworks in the city limits if a resident can't use them without violating a local ordinance. By all account, Frankfort residents prooved that they were responsible last year & this ordinance is nothing more than noise complaint driven. I don't see where people needs two weeks to celebrate the fourth & the noise would be irritating for that long of period but the fourth has ALWAYS BEEN CELEBRATED WITH EXPLOSIVE fireworks that makes noise it is a shame that some people cannot tolerate a single night of celebrating the way it is meant to. A handful of scrooges got their wish. (a few making multiple calls) Every dangerous reason given that pertains to safety did not happen here last year but throw in the POTENTIAL for it to happen as another reason to ban celebrating. The potential for harm is there from the time you are born, till the time you die for anything harmful to happen! It's a good thing that they don't ban other things like driving for instance, that kills thousands every year, just because the potential is there to harm yourself.

Helpful information regarding Fireworks Sales: Firework Sales Fireworks Registration Types 1. Limited Sales – sale of fireworks as described in KRS 227.702(1). 2. Seasonal Sales - sale of fireworks described in KRS 227.702 (1) (2) and/or (3) during the following time frames: June 10th through July 7th , December 26th through January 4th or both seasons. 3. Primary Permanent – year round sale of fireworks described in KRS 227.702 (1) (2) and/or (3) where fireworks are the primary source of business. NOTE: In accordance with KRS 227.715(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 fireworks described in KRS 227.702(1) or shall meet the criteria for “seasonal retailer” described in subsection (3) of this section. Fireworks Law & Regulation Requirements • A COPY of a sales and use tax permit obtained from the Department of Revenue must be provided with the fireworks application to the State Fire Marshal as a condition of registration. To obtain your sales and use tax permit contact the Division of Sales and Use Tax at (502) 564-5170, or via e-mail at krc.webresponsesalestax@ky.gov. • A fireworks registration form shall be submitted to the State Fire Marshal’s Office at least 15 days prior to sell of fireworks or pay an additional fee of $100.00 will be assessed for late submittals. • A transient merchants law (KRS 365.650 to .695) requires a merchant who spends less than 6 months in a locality in Kentucky each year, and not exempted, to obtain a permit from the county clerk of each county it conducts business 10 days in advance and post a cash or surety bond with the Office of the Kentucky Attorney General. You can contact the Office of the Kentucky Attorney General - Registration and Compliance Branch at 502-696-5534. • A copy of the storage notification shall also be submitted to the local fire department having jurisdiction and the State Fire Marshal’s Office at least 15 days prior to opening firework sales each year. Fireworks Selling Requirements • No person or business shall give, offer for sale or sell any consumer fireworks listed in KRS 227.702 to any person under the age of 18. • No person under the age of 18 shall sell consumer fireworks at consumer fireworks retail-sales facility unless the individual is supervised by a parent or guardian. • In accordance with KRS 227.715, each site at which fireworks are offered for sale shall have a firework registration certificate displayed in a conspicuous location. Local Regulations • Check with local government to ensure compliance with local laws and ordinances that may restrict the sale or use of fireworks in their county or city. • Check with city or county government to see if a local business license is required. Building Code Regulations • Contact the Division of Building Code Enforcement at 502-573-0373 or local building code official to obtain site approval on fireworks retail locations prior to the sale of consumer fireworks. • Each site shall comply with all provisions of the Kentucky Building Code and 2006 edition of NFPA 1124 (National Fire Protection Association) • Existing businesses that sell the full line of consumer fireworks under KRS 227.702 must submit plans and details to illustrate compliance with NFPA 1124 and the Kentucky Building Code. • For temporary structures submit the necessary plans and permits to the appropriate authorities. • A certificate of occupancy for fireworks retail sales must be obtained prior to the sale of consumer fireworks in permanent facilities. Fireworks Guidelines Consumer Fireworks Retail Sales (CFRS) Permanent Structures Facilities • For permanent structures submit the necessary plans and details along with registration to the appropriate authorities. • For the purpose of building codes all CFRS will be classified as new structures. Any new CFRS structures shall be detached stand-alone buildings. • Sale of consumer fireworks in a CFRS structure shall comply with provisions as set forth in Chapter 7.1, 7.2, and 7.3 of the 2006 edition of NFPA 1124. • In accordance with 2006 edition of NFPA 1124 Chapter 7.2.4 - Retail sale of display fireworks shall be prohibited at any mercantile or consumer fireworks retail sale facility. Mercantile Retail Sale • Mercantile Stores shall comply with chapter 7.5 of NFPA and chapter 7.3.15 through 7.3.24.2 of NFPA 1124. • Existing businesses that sell the full line of consumer fireworks under KRS 227.702 must submit plans and details to the appropriate authorities to illustrate compliance with 2006 edition of NFPA 1124. Stands / Temporary (Tent) Structures • All facilities designated as Stands or temporary stands shall comply with Chapter 7.6 of NFPA 1124. Multiple-Tenant Buildings • Sales will not be permitted within Multiple Tenant Buildings. The sale of consumer fireworks is required to be in a detached stand-alone building. If you have any questions, please call the Division of Fire Prevention (State Fire Marshal’s Office) at 502-573-0382. Disclaimer The intent of this document is to serve only as a guideline for those interested in the retail sale of consumer fireworks. The Kentucky Building Code and 2006 Edition of NFPA 1124 will be the principle documents used for compliance. Code references from the above mentioned publications not mentioned in this guideline are still applicable and will be enforced by the authority having jurisdiction.

The State Fire Marshal is to enforce the new fireworks regulations. Here's the deal on "Public Display of Fireworks & Pyrotechnics." Public Display of Fireworks & Pyrotechnics In accordance with KRS 227.710, a permit must be obtained for the public display of fireworks, which includes the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors. The permit for public display of fireworks and pyrotechnics is issued by the chief of the fire department, mayor in the city limits or similar official where no fire department exists and the county judge/executive in counties issues permits for displays outside of the city limits. In accordance with KRS 227.710, a copy of the issued public display of fireworks and pyrotechnics permits shall be filed with the Office of The State Fire Marshal at least fifteen (15) days in advance of the date of display. Approved permits should be mailed to the following address: Department of Housing, Buildings and Construction Attn: Division of Fire Prevention 101 Sea Hero Road Suite 100 Frankfort, KY 40601-5405 The permit application for public display of the fireworks and pyrotechnics is available on our website at: http://dhbc.ky.gov/fp/. If you have any questions, please call the Office of the State Fire Marshal at 502-573-0382. Department of Housing, Buildings and Construction Division of Fire Prevention 101 Sea Hero Road Suite 100 Frankfort KY 40601-5405 Office Phone Number: 502-573-1702 Fax Number: 502-573-1695 Information Bulletin April 1, 2009

Sorry, Sterling, no answers from me. I don't set off many, if ANY, fireworks any more. I have, in years past, driven to Jellico to buy "illegal" fireworks and shot them off, so I'm not prudish or anything. I LOVE to see them set off. If it weren't for the hordes of humanity I'd go to Thunder Over Louisville every year, just for the fireworks! We had a family tradition for a while, to sprinkle our spent Christmas tree with fireworks and burn it on New Year's Eve. After a bottle rocket went zipping past my ear, we decided we'd let that tradition fall by the wayside. :o) Any more, I just drive around the county the week leading up to the 4th. I've seen some pretty impressive, driveway-launched Roman candles.

HB333 11RS WWW Version The hyperlink to a bill draft that precedes a summary contains the most recent version (Introduced/GA/Enacted) of the bill. If the session has ended, the hyperlink contains the latest version of the bill at the time of sine die adjournment. Note that the summary pertains to the bill as introduced, which is often different from the most recent version. -------------------------------------------------------------------------------- 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

1. Who was the proponent for getting the previously restricted items legalized? 2. These items were illegal because they are dangerous. 3. Without warning, the stuff is legalized and the city is terrorized for days (and nights). 4. No sooner it's allowed, it's restricted by ordinance. 5. The silent player seems to be Government who is enjoying the tax revenues at the expense of the safety of the citizens. 6. As a representative form of government, who is our government representing here? 7. I would like to know the answers to these questions.