Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
227.700,
227.702,
227.704,
227.708,
227.710,
227.715,
227.750,
227.752
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
227.715 authorizes the department to
promulgate administrative regulations establishing registration requirements
and fees for any person, firm, co-partnership, non-profit, or business
intending to sell consumer fireworks in the Commonwealth. This administrative
regulation establishes the registration forms, submission process, and fees for
consumer fireworks retailers.
Section
1. Filing of Annual Registration by Consumer Fireworks Retailers.
(1) A retailer shall not offer for sale, sell
at retail, or keep with intent to sell consumer fireworks without annually
registering with the Kentucky State Fire Marshal.
(2) All retailers of consumer fireworks
required by
KRS
227.715 to annually register with the State
Fire Marshal shall submit to the Division of Fire Prevention:
(a) A completed Fireworks Registration
Application, Form FM 32-03 ;
(b) A
nonrefundable annual registration fee as established in Section 2 of this
administrative regulation; and
(c)
Evidence that a current sales and use tax permit has been obtained from the
Department of Revenue.
(3) Registration shall not be complete until
a Fireworks Registration Application, payment of the appropriate fireworks
retailer fee, and evidence of current sales and use tax permit are received and
processed by the Division of Fire Prevention, State Fire Marshal.
Section 2. Fee Schedule for
Registration of Consumer Fireworks Retailers.
(1) The annual consumer fireworks retailer
registration fees for each site shall be:
(a)
Twenty-five (25) dollars for registration of retailers intending to sell
consumer fireworks described in
KRS
227.702(1);
(b) $250 for registration of seasonal
retailers intending to sell consumer fireworks described in
KRS 227.702(2) and
(3) between June 10th and July 7th, or
between December 26th and January 4th; and
(c) $500 for registration of permanent
retailers whose primary source of business is the sale of consumer fireworks as
defined in
KRS 227.702(2) and
(3).
(2) If registration is received less than
fifteen (15) days prior to offering fireworks for sale at the site for which
registration is submitted, an additional $100 shall be added to the initial
fee, in accordance with
KRS
227.715(5).
(3) All registration fees shall be
nonrefundable.
Section
3. Payment of Fees.
(1) A fee
submitted to the Division of Fire Prevention, State Fire Marshal, shall be made
payable to the Kentucky State Treasurer.
(2) If a fee is returned to the Division of
Fire Prevention for nonpayment or insufficient funds, the Fire Marshal may
revoke registration of the site in accordance with
KRS
227.715(10), unless proof of
financial institution error is provided.
Section 4. Incorporation by Reference.
(1) Form FM 32-03, "Fireworks Registration
Application", May 2020, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Housing,
Buildings and Construction, Division of Fire Prevention, 500 Mero Street,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
37 Ky.R. 3045; 38
Ky.R. 241; eff. 8-17-2011; TAm eff. 6-7-2018; TAm eff. 5-29-2020; 48 Ky.R. 627;
eff. 3-1-2022.
STATUTORY AUTHORITY:
KRS
227.715
