31-501. Short title; administration.
(a) K.S.A. 2010 Supp. 31-501 through 31-506, and amendments thereto, shall be known and may be cited as the “Kansas fireworks act”.
(b) This act shall be administered by the state fire marshal.
31-502. Definitions. As used in this act, unless the context otherwise requires:
(a) “Licensed display fireworks operator” means a person licensed to operate an outdoor display of display fireworks.
(b) “Licensed proximate pyrotechnic operator” means a person licensed to operate indoor or outdoor articles of pyrotechnic.
(c) “Manufacturer” means any person engaged in the manufacture of fireworks of any kind in the state of Kansas. Manufacturer shall also include any person engaged in the assembly of consumer fireworks or component parts into a finished item or assortment, but shall not include repackaging finished goods into an assortment.
(d) “Distributor” means any person engaged in the distribution of fireworks of any kind in the state of Kansas to include the following:
(1) Sells, delivers, transports, consigns, gives, imports, exports or otherwise furnishes consumer fireworks to any person for the purpose of resale to a retailer or any other distributor or reseller within the state of Kansas;
(2) sells, intends to sell, offer for sale, possess with intent to sell or consigns display fireworks or articles pyrotechnic to any person, distributor, municipality or any other organization within the state of Kansas; or
(3) produces, conducts or provides a licensed operator or imports any display fireworks or articles pyrotechnic of any kind within the state of Kansas for profit.
(e) “Distributor” shall not include:
(1) Anyone who transports fireworks from one state to another state through the state of Kansas and such fireworks ultimate destination is not within the state of Kansas;
(2) anyone who sells consumer fireworks during a fireworks season as a seasonal retailer;
(3) freight delivery companies or common carriers as defined in U.S. department of transportation 49 C.F.R. 171.8; or
(4) an out-of-state person who sells, transports, delivers or gives fireworks to a licensed manufacturer or distributor.
(f) “Hobbyist manufacturer” means any person who manufactures consumer fireworks, display fireworks or articles pyrotechnic for their personal use.
(g) “Person” means any individual, partnership, firm, company, association, corporation, not-for-profit organization, municipality or limited liability corporation.
(h) “Seasonal retailer” means a person who receives consumer fireworks and sells, delivers, consigns, gives or otherwise furnishes consumer fireworks only to the public for their personal use and only during a fireworks season.
(i) “Storage” means the safekeeping of fireworks in a warehouse or magazine or comparable appropriate depository. Consumer fireworks that are located at the destination of their retail sale and that are being held in anticipation of retail sale shall not be considered as in storage.
(j) “Fireworks season” means a period in time as set forth in the regulations authorized to be adopted by the state fire marshal during a calendar year in which seasonal retailers are permitted to sell consumer fireworks to the public.
(k) “Fireworks display” means a private or public production of display fireworks or articles pyrotechnic, or both, which are intended for use and designed to produce visible or audible effects for entertainment purposes by combustion, deflagration or detonation.
31-503. Licensure to sell or use fireworks, requirements; permit to conduct fireworks display; fees.
(a) Any person who intends to sell, offer for sale, possess with intent to sell, any consumer fireworks, display fireworks or articles pyrotechnic or discharge, use, display fireworks or articles pyrotechnic shall first obtain the appropriate license from the state fire marshal. This shall not include seasonal retailers.
(b) The types of license shall be as follows:
(2) hobbyist manufacturer;
(4) display fireworks operator; and
(5) proximate pyrotechnic operator.
(c) Before a license holder may operate, such license holder must satisfy the requirements of this act and regulations adopted by the state fire marshal.
(d) The license holder shall be at least 21 years of age upon applying for a license.
(e) Licenses shall not be transferable.
(f) Except as otherwise provided in this section, the state fire marshal shall have the authority to fix, charge and collect fees as follows:
(1) A manufacturer license shall be valid for a period of one year. The annual license fee shall not be less than $400 or more than $600. A holder of a manufacturer license is not required to have any additional licenses in order to manufacture and sell any fireworks defined by this act.
(2) A hobbyist manufacturer license shall be valid for a period of four years. The license fee shall not be less than $50 or more than $80.
(3) A distributor license shall be valid for a period of one year. The annual fee shall not be less than $300 or more than $500.
(4) A display fireworks operator license shall be valid for a period of four years. The license fee shall not be less than $40 or more than $80.
(5) A proximate pyrotechnics operator license shall be valid for a period of four years. The license fee shall not be less than $40 or more than $80.
(g) A permit to conduct a fireworks display shall be obtained by the sponsor or operator of a fireworks display from and approved by the city or county where the fireworks display is to be discharged.
(h) No fee shall be charged for a license or permit under this section for any person who is an officer or employee of the state or any political or taxing subdivision of the state when that person is acting on behalf of the state or political or taxing subdivision.
31-505. Disposition of fees.
(a) All fees collected pursuant to this act shall be transmitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state fire marshal fee fund.
31-506. Rules and regulations.
The fire marshal shall have the authority to promulgate rules and regulations to implement and administer the provisions of this act. Any rules and regulations of the state fire marshal adopted pursuant to this act may incorporate by reference specific editions, or portions thereof, of nationally recognized fire prevention codes. All rules and regulations of the state fire marshal pertaining to fireworks regulated by this act in existence on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.