KRS 227.750: Seizure and sale of fireworks stored and held in violation of chapter --

Notice of proposed disposal of fireworks required -- Administrative hearing --

KRS 227.700 to 227.750 not to conflict with local ordinances.

(1) The state fire marshal, or any fi re department having jurisdiction which has been

deputized to act on behalf of the state fire marshal, shall cause to be removed at the

expense of the owner all stocks of fireworks which are stored and held in violation

of this chapter. After a period of s ixty (60) days, the seized fireworks may be

offered for sale by closed bid to a properly certified fireworks wholesaler.

(2) After a period of sixty (60) days, the seized fireworks may be offered for sale by

closed bid to a properly certified manufacturer, distributor, or wholesaler. All seized

fireworks or explosives with a Class 1.3G or "Display" designation shall require the

notification of the United States Bureau of Alcohol, Tobacco, Firearms and

Explosives. The state fire marshal shall provide the own er or possessor a receipt

containing the complete inventory of any fireworks seized within five (5) business

days of the seizure.

(3) Before any seized fireworks may be disposed of:

(a) If the owner of the seized fireworks is known to the state fire marsha l, the

state fire marshal shall give notice by registered mail or personal service to the

owner of the state fire marshal's intention to dispose of the fireworks. The

notice shall inform the owner of the state fire marshal's intent. The state fire

marshal shall conduct an administrative hearing in accordance with KRS

Chapter 13B concerning the disposal of fireworks; or

(b) If the identity of the owner of any seized fireworks is not known to the state

fire marshal, the state fire marshal shall cause to be pu blished, in a newspaper

of general circulation in the county in which the seizure was made, notice of

the seizure, and of the state fire marshal's intention to dispose of the fireworks.

The notice shall be published once each week for three (3) consecutive weeks.

If no person claims ownership of the fireworks within ten (10) days of the date

of the last publication, the state fire marshal may proceed with disposal of the

fireworks. If the owner does claim the fireworks within ten (10) days of the

date of th e last publication, a hearing as set out in paragraph (a) of this

subsection shall be held

(4) Nothing in KRS 227.700 to 227.750 shall restrict a local government from

enacting ordinances that affect the sale or use of fireworks within its

jurisdiction.