FIREWORKS

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

As we get ready to celebrate the Fourth of July, a reader suggested that information concerning fireworks may be helpful.  Prior to 2011, the law with the use and sale of fireworks was heavily regulated in Kentucky. 

Since then, the Legislature has allowed the use and sale of consumer fireworks, which include several ground and aerial based fireworks such as bottle rockets and roman candles.  Even though the use of fireworks is allowed, sellers must still have permits to sell fireworks issued by the State Fire Marshal.  The penalty for not having a permit is severe and could be up to $1,000 and/or confinement in the County Jail for up to thirty days.

As citizens, before purchasing or using fireworks, you should check with local government to ensure compliance with local laws and ordinances that may restrict the sale or use of fireworks in your city.  For example, Cold Spring has a local ordinance regulating the use and sale of fireworks.

We all enjoy using and viewing fireworks on Independence Day.  However, this use leads often leads to injury.  In particular, children are injured using fireworks every year.  The State Fire Marshal recommends the following safety tips we all should follow for fireworks:

• Use fireworks outdoors only.

• Obey local laws. If fireworks are not legal where you live, do not use them.

• Always keep a bucket of water or a working water hose nearby.

• Only use fireworks as intended. Don't try to alter them or combine them.

• Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

• Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

• Alcohol and fireworks do not mix. Have a "designated adult shooter."

• Do not use homemade fireworks or illegal explosives -- they can kill you!

• Report illegal explosives to the fire or police department in your community.

• Never allow children to play with or ignite fireworks.

• Read and follow all instructions on the label.

If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

SWIMMING POOLS

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

With summer finally approaching, many people are opening their swimming pools for the year.  Swimming pools are traditionally regulated through local zoning ordinance.  Most cities and the county have zoning ordinances that address swimming pools and each vary somewhat by city.  In this article, I will discuss typical regulations found in city’s zoning ordinances. 

Under most ordinances, a swimming pool is a structure or device intended for swimming purposes and includes any device or structure that retains water in excess of eighteen inches in depth.  Most zoning ordinances require that pools be located in the rear yard.  In addition, all in-ground pools are required to have a fence or wall at least 4 feet in height, along with self-closing and self-latching gates around the pool or around the entire property where the pool is located.  The fences, walls or gates around the pool need to be constructed in a manner that a child may not reach the pool from the street or any other property without climbing over the fence or wall or opening the self-closing and self-latching gate.  The same goes for above-ground pools but the wall or fence used can actually be that of the pool itself, so long as it four feet in height.  Also any ladder leading up to the pool or to a deck around the pool must have a self-closing and self-latching door or gate or be retractable so as to fold up off the ground when the pool is not in use.  Various city and county ordinances and codes also address associated equipment with swimming pools to include electrical wiring around the pool, diving board length, and the water depth under a diving board.

Homeowners should be aware that they can be held liable for violations of ordinances or civilly for pool related activities.  Activities around a pool can be dangerous and result in serious injuries or death.  Pool owners can never be too cautious especially with toddlers around a pool or teenagers goofing off around a pool.  I have seen lawsuits filed against homeowners for swimming pool related injuries that result in substantial money judgments. In some cases there are very serious injuries such as paralysis.

Some practical safety rules around a pool include no running, controls on diving, no swimming or diving while drinking or after consuming alcohol, precautions as to slippery surfaces around the pool or steps and ladders of the pool, and a very careful watch over young children.  Pool activities can certainly be a lot of fun but can also result in tragedy if extreme caution is not used.  

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at campbellcoatty@gmail.com, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071