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.
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.
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
firstname.lastname@example.org. 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
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
606-573-4130to 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.
Department of Housing,
Buildings and Construction
Division of Fire Prevention
Hero Road Suite 100
Frankfort KY 40601-5405
Office Phone Number:
Fax Number: 502-573-1004
Fireworks Sales Information
May 21, 2013
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 188.8.131.52 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.
Temporary (Tent) Structures All facilities designated as Stands or
temporary stands shall comply with Chapter 7.6 of NFPA 1124. In
accordance with (105.7.13 from the Kentucky Building Code). A
construction permit is required to erect an air-supported temporary
membrane structure or tent having an area in excess of 200 square feet
or a canopy in excess of 400 square feet.
means a structure, enclosure or shelter constructed of fabric or pliable
materials supported by any manner, except by air or the contents it
protects and is open without sidewalls or drops on 75% or more of the
perimeter. Tent means a structure, enclosure or shelter constructed of
fabric or pliable material supported by any manner except by air or the
contents that it protects.
Exceptions: Fabric canopies and
awnings open on all sides which comply with of the following:
Individual canopies shall be a maximum size of 700 square feet.
The aggregate area of multiple canopies placed side by side without a
fire break clearance of not less than 12 feet shall not exceed 700
square feet total.
c. A minimum clearance of 12 feet to structures
and other tents shall be maintained.
Multiple-Tenant Buildings The
sale of 1.4g fireworks as defined KRS 227.702 (1) (2) and/or (3) are
limited to a one story detached building. No multi tenant fire separated
structures such as strip malls will not be permitted to sell 1.4g
fireworks as defined KRS 227.702 (1) (2) and/or (3).
If you have any
questions, please call the Division of Fire Prevention (State Fire
Marshal’s Office) at 502-573-0382.
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.