Permanent Retailer

Permanent Fireworks Retailers

Kansas law now allows year-round sales of fireworks by permanent fireworks retailers.

Permanent fireworks retailers are required to operate in a building or structure with a permanent foundation and shall not operate in any temporary structure, including but not limited to stands, trailers, portable buildings, tents, canopies, or membrane structures.

• Permanent retailers are required to complete registration with the Kansas State Fire Marshal’s Office each year.  The registration form can be found at this link: Permanent Retailer Application
• To register with the State Fire Marshal, the permanent fireworks retailer will need to submit a certified statement from the city or county where the permanent fireworks retailer intends to operate indicating that the applicant is complying with all applicable local rules and regulations.  We have provided space on the application form for this requirement.
• If the permanent fireworks retail location is being registered with the State Fire Marshal for the first time, the application must be accompanied by a code footprint for the proposed facility which meets the requirements of both K.A.R. 22-1-7, and the contents of 7.3.3 of NFPA 1124 (2006 version).  Below you can find more information about how to submit a proper code footprint and links to forms that are required to accompany it.
• Permanent fireworks retailers are not permitted to sell or store fireworks in a school building, daycare facility, any motor vehicle, any facility containing a space or portion thereof classified as an assembly occupancy, or any facility where display fireworks are sold.
• Permanent fireworks retail facilities will be inspected at least annually by the Kansas State Fire Marshal’s Office to ensure that they are operating safely and complying with all applicable statutes, rules and regulations.
• Fireworks retailers must continue to purchase wholesale fireworks only from fireworks distributors licensed by the Kansas State Fire Marshal.

Our office is committed to working with the fireworks industry in Kansas throughout this change.  If you have any questions regarding permanent fireworks retailers or any other questions regarding fireworks, please email our staff at KSFM_fireworks@ks.gov.

Code Footprint Requirements

Submittal Requirements

Copies of code footprints shall be made available to local fire and building departments upon request.

A Code Footprint is:

• A document which shows a structure owner's compliance with state law to protect occupants from the dangers of fire and explosion
• An architect's or engineer's written and graphic description of the intended life safety features in a public building

State law establishes minimum life safety and has uniform force and effect throughout Kansas. Kansas Statutes Annotated 31-133 and 2003 Supplemental 31-134 require that all occupied structures conform to the basic life safety requirements:

• Existing occupied buildings cannot have hazardous conditions which slow speedy exits
• Alterations of existing buildings cannot make existing conditions worse or block exits
• New construction and changes in use are subject to greater life safety requirements

The code footprint regulation, K.A.R. 22-1-7, defines minimum features of a code footprint for an objective evaluation by uniform application of state law using minimum resources. It also makes the code footprint available to assist local fire and building officials view new construction and changes in use. The regulation also provides a building owner with life safety choices to best suit their circumstances at the outset of construction or renovation. It is a simple record of the designer's life safety features, and it is a fixed code target for the life of their building.

Simplified Review Efforts

The regulation also simplifies review efforts by the KSFM because it reduces enforcement intervention after new construction and assists field inspectors with verifying completion of life safety features promised on paper, keeps building owners on the same life safety document throughout the life of the building, and allows the inspector to see an overview of the entire life safety of a building at the beginning of an inspection.

New Buildings, Additions, & Remodels

If your permanent fireworks retail location plans to build a new building or a remodel of your existing building, please take special note. The KSFM will require written notice from your licensed architect or engineer 30 days prior to the date on which 50 or 100 percent of the construction will be completed.

Further, the code footprint shows compliance with state law by verifying the architect or engineer's seal, their signature and date, the location of building and owner information as a single source contact. The codes of record for a specific building, fire alarm requirements, automatic fire sprinkler requirements, and occupancy types which determine exit requirements and maximum occupant codes should also be verified.

C.2.2 & C.2.2.A Request for Review

1.  C.2.2. (PDF)
2. C.2.2.A. Request for Review (PDF)