K.S.A. Chapter 31
Article 5 - Kansas Fireworks Act
Select Statutes
Last amended April 24, 2025
31-134 Adoption of Rules and Regulations, local control authorizations and limitations
31-501 Short title; administration.
31-502 Definitions.
31-503 Licensure to sell or use fireworks, requirements; permit to conduct fireworks display; fees.
31-504 Display fireworks storage facility permit, fee.
31-505 Disposition of fees. - OMITTED
31-506 Rules and regulations.
31-507 Bottle rocket; sale or use prohibited; exceptions.
31-508 Same; permit to possess or transport.
31-509 Violation of act; seizure of fireworks; administrative hearing.
31-510 Same; penalties.
31-511 Administrative procedure; judicial review. - OMITTED
31-512 Explosives regulatory and training fund. - OMITTED
31-513 Acts supplemental to Kansas fireworks act. - OMITTED
Also see Kansas Administrative Regulations 22 Article 6
31-134. Adoption of rules and regulations, procedure; distribution; fees; remittance; designated as fire prevention code; judicial review.
(a) Any rules and regulations adopted by the state fire marshal under this act shall comply with the provisions of K.S.A. 77-415 et seq., and amendments thereto, except that:
(1) In addition to the method of providing notice of the public hearing prescribed by K.S.A. 77-421, and amendments thereto, such notice shall be published three times in at least two newspapers of general circulation, with the last published notice to appear not less than 15 days prior to the public hearing.
(2) The state fire marshal shall make available for general distribution upon request copies of any nationally recognized code adopted by reference, marked so as to indicate the provisions thereof which have been so adopted. The state fire marshal may charge a fee for the copies in an amount equal to the cost of the copies and their distribution. Upon collection of any such fees, the state fire marshal shall remit to the state treasurer such fees in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. The state treasurer shall deposit the entire amount in the state treasury. The state treasurer shall credit 10% of each such deposit to the state general fund and shall credit the remainder of each such deposit to the fire marshal fee fund.
(3) In addition to the filing requirements of K.S.A. 77-416, and amendments thereto, the state fire marshal shall publish all such rules and regulations and make the same available for distribution to the general public upon request, but the fire marshal shall not be required to republish the provisions of any nationally recognized code adopted by reference if such provisions are made available for general distribution upon request to the fire marshal's office.
(b) The rules and regulations adopted by the state fire marshal under authority of this act shall be known and may be cited as the Kansas fire prevention code. Such rules and regulations shall have uniform force and effect throughout the state. No municipality shall enact or enforce any ordinance, resolution or rule or regulation inconsistent therewith, except that nothing in this act shall be construed to impair the power of any municipality to regulate the use of land by zoning or fire district regulations or to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries. Whenever a question shall arise as to whether another state statute or an enactment of a municipality is inconsistent with the provisions of the fire prevention code, it shall be the duty of the state fire marshal to make such determination after a hearing thereon with all interested parties conducted in accordance with the provisions of the Kansas administrative procedure act. Any action of the state fire marshal pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1972, ch. 157, § 3; L. 1980, ch. 120, § 3; L. 1983, ch. 130, § 1; L. 1986, ch. 318, § 24; L. 1988, ch. 356, § 67; L. 1992, ch. 220, § 2; L. 2001, ch. 5, § 96; L. 2010, ch. 17, § 44; L. 2011, ch. 53, § 13; July 1.
31-501. Short title; administration.
(a) K.S.A. 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.
NOTE: 31-507 through 31-512 were added as part of the ACt by KSA 31-513.
History: L. 2007, ch. 83, § 1; January 1, 2008.
As used in this act, unless the context otherwise requires:
(a) (1) "Distributor of display fireworks" means any person engaged in the distribution of display fireworks in the state of Kansas, including:
(A) Selling, intending to sell, offering for sale, possessing with intent to sell or consigning display fireworks to any person, distributor, municipality or any other organization within the state of Kansas; or
(B) producing, conducting or providing to a licensed operator or importing any display fireworks of any kind within the state of Kansas for profit.
(2) "Distributor of display fireworks" does not include the exclusions set forth in the definition of "unlimited distributor."
(b) (1) "Distributor of articles pyrotechnic" means any person engaged in the distribution of articles pyrotechnic in the state of Kansas, including:
(A) Selling, intending to sell, offering for sale, possessing with intent to sell or consigning articles pyrotechnic to any person, distributor, municipality or any other organization within the state of Kansas; or
(B) producing, conducting or providing to a licensed operator or importing any articles pyrotechnic of any kind within the state of Kansas for profit.
(2) "Distributor of display fireworks" does not include the exclusions set forth in the definition of "unlimited distributor."
(c) "Fireworks display" means a private or public production of display fireworks or articles pyrotechnic, or both, that are intended for use and designed to produce visible or audible effects for entertainment purposes by combustion, deflagration or detonation.
(d) "Hobbyist manufacturer" means any person who manufactures consumer fireworks, display fireworks or articles pyrotechnic for their personal use.
(e) "Licensed display fireworks operator" means a person licensed to operate an outdoor display of display fireworks.
(f) "Licensed proximate pyrotechnic operator" means a person licensed to operate indoor or outdoor articles pyrotechnic.
(g) "Manufacturer" means any person engaged in the manufacture of fireworks of any kind in the state of Kansas. "Manufacturer" includes any person engaged in the assembly of consumer fireworks or component parts into a finished item or assortment but does not include repackaging finished goods into an assortment.
(h) "Permanent retailer" means any person engaged in the year-round retail sale of consumer fireworks, including the receipt and possession with intent to sell of consumer fireworks and the retail sale, delivery, consignment, gifting or other distribution at retail of consumer fireworks to any person from a permanent structure at a permanent location within this state.
(i) "Person" means any individual, partnership, firm, company, association, corporation, not-for-profit organization, municipality or limited liability corporation.
(j) "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 the period of June 20 through July 7 of a calendar year.
(k) "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 being held in anticipation of retail sale are not considered as in "storage."
(l) (1) "Unlimited distributor" means any person engaged in the distribution of fireworks of any kind in the state of Kansas, including:
(A) Selling, delivering, transporting, consigning, giving, importing, exporting or otherwise furnishing consumer fireworks to any person for the purpose of reselling to a retailer or any other distributor or reseller within the state of Kansas;
(B) selling, intending to sell, offering for sale, possessing with intent to sell or consigning display fireworks or articles pyrotechnic to any person, distributor, municipality or any other organization within the state of Kansas; or
(C) producing, conducting or providing a licensed operator or importing any display fireworks or articles pyrotechnic of any kind for profit within the state of Kansas.
(2) "Unlimited distributor" does not include:
(A) Any person 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;
(B) any person who sells consumer fireworks during the period of June 20 through July 7 of a calendar year as a seasonal retailer; (C) any person who sells consumer fireworks year-round as a permanent retailer;
(D) freight delivery companies or common carriers as defined in U.S. department of transportation 49 C.F.R. § 171.8; or
(E) an out-of-state person who sells, transports, delivers or gives fireworks to a licensed manufacturer or distributor.
History: L. 2007, ch. 83, § 2; L. 2024, ch. 80, § 3; April 24.
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:
(1) Manufacturer;
(2) hobbyist manufacturer;
(3) distributor of display fireworks;
(4) distributor of articles pyrotechnic;
(5) unlimited distributor;
(6) display fireworks operator; and
(7) proximate pyrotechnic operator.
(c) It shall be unlawful for any person to possess, purchase, sell or offer for sale fireworks labeled "For Professional Use Only" that is not a current licensee and in physical possession of a license, issued by the state fire marshal, as a:
(1) Manufacturer;
(2) hobbyist manufacturer;
(3) distributor of display fireworks;
(4) distributor of articles pyrotechnic;
(5) unlimited distributor;
(6) display fireworks operator; or
(7) proximate pyrotechnic operator.
(d) Before a license holder may operate, such license holder shall satisfy the requirements of this act and regulations adopted by the state fire marshal.
(e) The license holder shall be at least 21 years of age upon applying for a license.
(f) Licenses shall not be transferable.
(g) The state fire marshal shall not charge or collect fees for licensure. The licenses shall be valid for the following period of time:
(1) A manufacturer license shall be valid for a period of one year. 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.
(3) A distributor license shall be valid for a period of one year.
(4) A display fireworks operator license shall be valid for a period of four years.
(5) A proximate pyrotechnics operator license shall be valid for a period of four years.
(h) 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.
(i) 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.
(j) All retail sales or transfers of consumer fireworks shall be made by a registered permanent retailer or a seasonal retailer at a physical location.
(k) Any person who intends to sell consumer fireworks at retail as a permanent retailer shall register annually as a permanent retailer with the state fire marshal. Such registration shall entitle the person to engage in the possession for purposes of retail sale, delivery, consignment, gifting or other distribution at retail of consumer fireworks to any person as a permanent retailer, subject to the provisions, limitations and requirements of this act and regulations of the state fire marshal for a permanent retailer. Registration shall be effective for one year from the date of registration. Registration shall be made in the form and manner as determined by the state fire marshal. Registration requirements shall include submission by a registrant of permanent business contact information, the address of the physical location or locations that retail sales will occur, the time period or periods sales will occur and any other information that may be required by the state fire marshal.
(l) The state fire marshal shall adopt rules and regulations as necessary for the purpose of implementing the provisions of subsections (c), (j) and (k).
History: L. 2007, ch. 83, § 3; L. 2016, ch. 34, § 2; L. 2024, ch. 80, § 4; April 24.
31-504. Display fireworks storage facility permit, fee.
(a) The owner of any display fireworks storage facility shall obtain a storage site permit from the state fire marshal for permanent or temporary storage. Storage permits are not required for day boxes used at a display site.
(b) A storage site permit shall be valid for a period of four years. No fee for a storage site permit shall be charged.
History: L. 2007, ch. 83, § 4; L. 2016, ch. 34, § 3; July 1.
31-505 Disposition of Fees - OMITTED
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.
History: L. 2007, ch. 83, § 6; January 1, 2008.
31-507. Bottle rocket; sale or use prohibited; exceptions.
(a) Except as provided in subsection (c):
(1) It shall be unlawful to sell, offer to sell, or to possess with intent to sell or offer for sale a bottle rocket; and
(2) it shall be unlawful to ignite, fire, set off or otherwise use a bottle rocket.
(b) Any person violating the provisions of subsection (a) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.
(c) The provisions of this section shall not prohibit the possession, transportation or sale of bottle rockets within Kansas by a person that is currently registered with the state fire marshal pursuant to K.S.A. 31-508, and amendments thereto, to another currently registered person or to a non-registered person provided the non-registered purchaser submits a certification for resale outside the state of Kansas to the registered seller on a form prescribed by the state fire marshal. The registered seller shall send the certification to the office of the state fire marshal and maintain a copy of the certification for one year from the date of sale.
(d) "Bottle rocket" means any pyrotechnic device which:
(1) Is classified as a class C explosive by the United States department of transportation under 49 C.F.R. § 173.53 (1990);
(2) is mounted on a stick or wire; and
(3) projects into the air when ignited, with or without reports, and includes any device with the same configuration, with or without reports, which may be classified as a pipe or trough rocket. "Bottle rocket" does not include helicopter-type rockets.
History: L. 2013, ch. 108, § 5; April 25.
31-508. Same; permit to possess or transport.
(a) Any person who manufactures bottle rockets or sells bottle rockets at wholesale and who desires to possess, sell or transport any bottle rockets in this state pursuant to K.S.A. 31-507, and amendments thereto, shall register annually with the state fire marshal. Such registration shall entitle the manufacturer or wholesaler to possess, sell and transport bottle rockets in this state for the purpose of selling to another registered wholesaler or to a non-registered person provided the purchaser submits a certificate for resale outside the state of Kansas to the registered seller in accordance with K.S.A. 31-507, and amendments thereto. Registration shall be effective for one year from the date of registration.
(b) The provisions of this section shall not require registration by a purchaser when the sale occurs in Kansas and the purchaser will transport the bottle rockets out of the state of Kansas for resale and provides the registered seller with a certificate for sale outside the state in accordance with K.S.A. 31-507, and amendments thereto.
(c) The state fire marshal shall adopt rules and regulations necessary to enforce the provisions of K.S.A. 31-507, and amendments thereto, and this section.
History: L. 2013, ch. 108, § 6; April 25.
31-509. Violation of act; seizure of fireworks; administrative hearing.
(a) If fireworks are found to be stored, possessed or transported in violation of the Kansas fireworks act or any state fire marshal regulation, such fireworks may be seized by the state fire marshal or other state or local law enforcement agency. The seizing authority shall inventory all seized items and provide a copy of the inventory to the person from whom the fireworks were seized upon completion of the seizure. Reasonable costs for the storage and destruction of such fireworks shall be assessed against the party found to be in violation of the state fireworks act or regulations, except that if a hearing is requested pursuant to subsection (b), no person shall be assessed for storage costs incurred for more than 60 days after the completion of judicial review or the expiration of the time for seeking judicial review.
(b) The owner of any fireworks seized under subsection (a) may make written demand upon the state fire marshal for a hearing pursuant to the Kansas administrative procedure act. Where, after hearing, the state fire marshal finds that there has been a violation of the provisions of the Kansas fireworks act or state fire marshal regulations, the state fire marshal may destroy or order the destruction of such fireworks or direct such other disposition of the fireworks as is deemed proper. Unless necessary to protect against a substantial threat to the public health, safety or welfare, the fireworks shall not be destroyed until the completion of judicial review or expiration of the time for seeking judicial review. If the state fire marshal finds there has been no violation, the fireworks shall be returned to their owner.
(c) Where no claimant has appeared within 60 days of the seizure, demanded the return of the fireworks and proved, to the satisfaction of the state fire marshal, the claimant's title to and right of possession of such fireworks, the state fire marshal may, without process and without liability, destroy or order the destruction of the fireworks or direct such other disposition thereof as is deemed proper.
(d) Any provision herein to the contrary notwithstanding, where the manufacture, condition, storage, packing or location of fireworks is such that their continued existence or transportation is an immediate danger to public safety, health or welfare, the state fire marshal or authorized representative thereof may apply to the court which has jurisdiction over such fireworks for an emergency ex parte order authorizing the state fire marshal or authorized representative to destroy or dispose of the fireworks without liability to the owner thereof.
History: L. 2013, ch. 108, § 1; April 25.
(a) In addition to any other penalty provided by law, the state fire marshal, upon finding that any person has violated the provisions of the Kansas fireworks act or any rules and regulations adopted thereunder, may impose a civil penalty as follows:
(1) For failure to obtain a license as required by K.S.A. 31-503, and amendments thereto, the civil penalty shall not exceed $1,000 per violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(2) For all other violations, the civil penalty shall not exceed $1,000 per violation, and in the case of a continuing violation, every day such violation continues after the state fire marshal has provided the person with written notice of the violation shall be deemed a separate violation.
(b) All moneys received from penalties imposed pursuant to this section shall be remitted 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 general fund.
History: L. 2013, ch. 108, § 2; April 25.
31-511. Administrative procedure; judicial review - OMITTED
31-512. Explosives regulatory and training fund. - OMITTED
31-513. Acts supplemental to Kansas fireworks act - OMITTED