31-502. Definitions. - Kansas Statutes

31-502

Chapter 31.--FIRE PROTECTION Article 5.--KANSAS FIREWORKS ACT

      31-502.   Definitions.As used in this act, unless the context otherwise requires:

      (a)   "Licensed display fireworks operator" means a person licensed to operatean outdoor display of display fireworks.

      (b)   "Licensed proximate pyrotechnic operator" means a person licensed tooperate indoor or outdoor articles of pyrotechnic.

      (c)   "Manufacturer" means any person engaged in the manufacture of fireworksof any kind in the state of Kansas. Manufacturer shall also include any personengaged in the assembly of consumer fireworks or component parts into afinished item or assortment, but shall not include repackaging finished goodsinto an assortment.

      (d)   "Distributor" means any person engaged in the distribution of fireworksof any kind in the state of Kansas to include the following:

      (1)   Sells, delivers, transports, consigns, gives, imports, exports orotherwise furnishes consumer fireworks to any person for the purpose of resaleto 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 orconsigns 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 displayfireworks or articles pyrotechnic of any kind within the state of Kansas forprofit.

      (e)   "Distributor" shall not include:

      (1)   Anyone who transports fireworks from one state to another state throughthe state of Kansas and such fireworks ultimate destination is not within thestate of Kansas;

      (2)   anyone who sells consumer fireworks during a fireworks season as aseasonal 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 givesfireworks to a licensed manufacturer or distributor.

      (f)   "Hobbyist manufacturer" means any person who manufactures consumerfireworks, 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 liabilitycorporation.

      (h)   "Seasonal retailer" means a person who receives consumer fireworks andsells, delivers, consigns, gives or otherwise furnishes consumer fireworks onlyto the public for their personal use and only during a fireworks season.

      (i)   "Storage" means the safekeeping of fireworks in a warehouse or magazineor comparable appropriate depository. Consumer fireworks that are located atthe destination of their retail sale and that are being held in anticipation ofretail sale shall not be considered as in storage.

      (j)   "Fireworks season" means a period in time as set forth in the regulationsauthorized to be adopted by the state fire marshal during a calendar year inwhich seasonal retailers are permitted to sell consumer fireworks to thepublic.

      (k)   "Fireworks display" means a private or public production of displayfireworks or articles pyrotechnic, or both, which are intended for use anddesigned to produce visible or audible effects for entertainment purposes bycombustion, deflagration or detonation.

      History:   L. 2007, ch. 83, § 2; Jan. 1, 2008.