Title XIX, Public Safety and Morals

As used in KRS 227.200 to 227.400, unless the context otherwise requires: (1) "Commissioner" means the commissioner of housing, buildings and construction; (2) "Department" means the Department of Housing, Buildings and Construction; (3) "Fire investigator" means a deputy fire ma…

Organization. The Department of Housing, Buildings and Construction is hereby created within the Public Protection Cabinet. The department shall be headed by a commissioner appointed by the Governor in accordance with KRS 12.040, and who shall report to the secretary of the Publi…

Any power, duty or function, whether ministerial, discretionary or whatever character, vested in or imposed upon the state fire marshal, by any provision of KRS 227.200 to 227.410, 227.550 to 227.660, and 227.990 to 227.992 may be exercised, discharged, and performed by any deput…

loss. (1) The state fire marshal shall enforce or aid in the enforcement of all laws, administrative regulations, and ordinances of the state and its political subdivisions relating to fire loss as defined in KRS 227.200: (a) The prevention or reduction of loss by fire or by othe…

Removal of jurisdiction over job. (1) The state fire marshal shall cooperate with the Department of Corrections in the development of fire safety regulations for jails and assist in the training of jail inspectors employed by the Department of Corrections. (2) Effective January 1…

(1) Except for the powers conferred by KRS 227.220(3)(a), the rights, powers and privileges granted under this chapter to the state fire marshal shall not apply to any single family dwelling in this Commonwealth. (2) Any city, county or urban-county government of the Commonwealth…

The commissioner shall appoint a state fire marshal, who shall appoint such deputy fire marshals, assistants, and employees as are necessary to exercise, discharge, or perform any power, duty or function vested in, imposed upon, or delegated to the state fire marshal by law or re…

for certification by Kentucky Law Enforcement Council -- Peace officer powers -- Prohibited acts. (1) A deputy fire marshal appointed to be a fire investigator and to exercise peace officer powers shall take an oath to faithfully perform the duties of his or her office, shall aff…

The chief of each fire department, sheriff, or local deputy marshal ordered under KRS 227.230 shall immediately investigate the origin and circumstances of a fire in his or her area and determine the cause of the fire so far as practicable. If it appears that the fire is of suspi…

flammable liquids or explosions. Every insurer authorized to transact business in this state shall report to the state fire marshal such loss or damage by fire, lightning, hazardous materials, flammable liquids or explosion occurring to, in or on property insured by such insurer …

From the reports made to him by insurers, employees, or appointees, the state fire marshal shall keep a record of all fire inspections, investigations and fire losses occurring in this state and of facts concerning them. He shall make such compilations, investigations and statist…

investigations. (1) The state fire marshal shall have jurisdiction over all property in the state insofar as it is necessary for the administration and enforcement of any duty imposed on the office by law or regulation and all laws, ordinances, regulations and orders designed to …

The state fire marshal shall perform inspections on all commercial properties identified by names and addresses supplied under KRS 304.35-105 within a reasonable time after their submission.

(1) The commissioner, Department of Kentucky State Police, may designate officers and employees of the Department of Kentucky State Police to investigate and enforce the provisions against arson and arson related offenses occurring within the state and such officers when duly aut…

Contempt. (1) The state fire marshal may subpoena witnesses; may administer oaths; may require the production of books, papers, accounts, documents, and other records or materials of an evidentiary nature; and may examine witnesses in any investigation or other fact-finding proce…

If, after an investigation or examination, the commissioner, Department of Kentucky State Police, believes that the evidence concerning a fire indicates that a crime has been committed, he or she shall furnish all data of an evidentiary nature in his or her possession to the coun…

Code -- Publication of guidelines -- Participation in drafting standards by institutions offering infant and preschool care -- Supplemental regulations on temporary change of use. (1) The commissioner shall promulgate reasonable administrative regulations based on good engineerin…

The commissioner shall conduct a hearing prior to the issuance of rules and regulations promulgated pursuant to KRS 227.300. At such hearing interested parties shall be given an opportunity to be heard in person or by counsel. The commissioner shall cause a notice of such hearing…

The authorities of any county, city, or other political subdivision shall adopt and enforce the standards of safety promulgated by the commissioner, and may enter upon private property to enforce required fire lane open space in parking lots containing space for ten (10) or more …

(1) The mayor or county judge/executive of a local government which is enforcing the fire prevention and protection codes may, upon approval of the local legislative body, appoint a local appeals board. The local appeals board shall: (a) Consist of five (5) technically qualified …

(1) Whenever the state fire marshal or any deputy state fire marshal finds that any property is not safe as to fire loss, under the terms and conditions of this chapter and under the administrative regulations promulgated thereunder, or that the practices or methods of constructi…

Enforcement actions. (1) As used in this section, "fire protection official" means the state fire marshal, fire chief, fire marshal employed by a local government agency, or local appeals board acting pursuant to KRS 227.325. (2) Any person who willfully violates any administrati…

(1) The state fire marshal shall give written notice of a hearing as required by KRS Chapter 13B. In addition to all parties to the hearing, the state fire marshal shall give this notice to all persons whose pecuniary interests, to the state fire marshal's knowledge or belief, ar…

(1) An appeal from the local appeals board, or state fire marshal in cases where no local appeals board has been established under KRS 227.325, shall be taken only from a final order on hearing. (2) Any person who was a party to a hearing and who is aggrieved by the final order m…

(1) Whenever the state fire marshal or any deputy state fire marshal appointed or employed by him or her makes any finding set forth in subsection (1) of KRS 227.330, or finds any property in violation of any provision of KRS 227.200 to 227.410 or any regulations adopted thereund…

Whenever the state fire marshal, his deputy, or other officer has reason to believe that a fire hazard should be corrected and he is unable to determine after a diligent search the owner of any property to be affected, he shall, in addition to notice required in KRS Chapter 13B, …

presumptions as evidence. The state fire marshal shall keep a permanent record of all summary orders, orders, rules, and regulations. Each such summary order, order, rule, or regulation shall be admissible in any prosecution for the violation of any of its provisions. Provisions …

inspector's order. If any owner fails to comply with a summary order or an order of the state fire marshal, his authorized designee or a fire inspector, or with an order as modified on appeal, the state fire marshal may cause the property to be repaired, or removed if repair is n…

Inspection and investigation reports. (1) The chief of the fire department of a city, or any officer or member of his department designated by him for that purpose, is authorized to inspect all property for the purpose of ascertaining and causing to be corrected any conditions li…

(1) Whenever the chief of the fire department or any officer or member of his department designated by him for that purpose finds any property which, for want of repairs, lack of sufficient fire escapes, age, dilapidated condition, or any other cause, is especially liable to fire…

If any owner fails to comply with an order issued pursuant to KRS 227.380 or with an order as modified on appeal, the officer may cause the property to be repaired, or removed if repair is not feasible, and all fire hazard conditions remedied, at the expense of the owner. Such ex…

(1) As used in this section: (a) "Class B firefighting foam" means foams designed for flammable liquid fires; (b) "PFAS chemicals" means perfluoroalkyl and polyfluoroalkyl substances which, for the purpose of firefighting agents, is a class of fluorinated organic chemicals contai…

out of unsafe buildings -- Volunteers only to be used for private company's employee fire brigade. (1) No owner shall fail to furnish and use reasonable adequate protection and safeguards against fire loss, or fail to adopt and use processes and methods reasonably adequate to ren…

unventable type gas fuel room heaters -- Exceptions -- Enforcement. (1) As used in this section: (a) "Gas-fired heating device" means a gas burning appliance of either a gravity or mechanical circulation type, designed for the heating of air or of water in an enclosed structure; …

As used in KRS 227.450 to 227.500 unless the context otherwise requires: (1) "Alteration" means any change, modification, or adjustment to an existing electrical system or conduit; (2) "Commissioner" means the commissioner of the Department of Housing, Buildings and Construction;…

(1) KRS 227.450 to 227.500 shall not apply to installations under the exclusive control of electric utilities for the purpose of communication, metering, or for the generation, control, transformation, transmission, and distribution of electric energy located in buildings used ex…

(1) Any action authorized by the provisions of KRS 227.450 to 227.500 to be accomplished by a city or county may be undertaken cooperatively by two (2) or more local governments upon a resolution by the governing body of each local government to do so. Such cooperative agreements…

227A -- Exemptions -- Inspectors -- Inspection standards. (1) (a) A city, county, urban-county government, charter county, or consolidated local government or the state shall, according to the Uniform State Building Code as it pertains to the plan review and inspection responsibi…

Except where other rules are adopted by a city or county, the following reporting and fee requirements shall apply to electrical inspections of residential buildings and single-family dwellings: (1) The inspector shall complete a report for each inspection. One (1) copy of the re…

The commissioner shall require electrical inspectors to be certified. Examinations shall be based on the National Electrical Code incorporated in the Uniform State Building Code and the standards of safety prescribed by the department. Electrical inspectors who have been engaged …

Invalidation by another inspector prohibited -- Certification and inspection of electrical installation without seal prohibited -- Other duties of inspector -- Sanctions for inspector's failure to comply. (1) An electrical inspector who certifies an electrical installation shall …

It shall be the duty of the commissioner to investigate alleged misconduct of any electrical inspector certified under KRS 227.489 when, in the opinion of the commissioner, there is sufficient evidence to suggest that misconduct exists. Any party may seek redress from the commiss…

(1) Electrical inspectors shall have the authority to take immediate action to prevent further electrical work at any inspection site where, in the judgment of the electrical inspector, imminent danger to life or property exists. Actions the electrical inspector may take to addre…

(1) A city, county, urban-county, charter county, or consolidated local government may fix as a penalty for the violation of any ordinance or resolution passed under the provisions of KRS 227.200 to 227.500, a fine of not less than twenty-five dollars ($25) nor more than two hund…

As used in KRS 227.550 to 227.660, 227.990, and 227.992, unless the context requires a different definition: (1) "Seal" means the United States Department of Housing and Urban Development seal for manufactured homes; (2) "Class B1 Seal" and "Class B2 Seal" mean seals issued pursu…

homes -- Notices of requirements and penalty -- Limitation on enforceability -- Relationship to local ordinances -- Specific penalty. (1) Every manufactured or mobile home as defined in KRS 227.550 shall have: (a) At least one (1) working smoke detector located inside the home ne…

manufactured homes, mobile homes, and previously owned recreational vehicles -- Certified installer seal -- Inspection -- Fees. (1) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to: (a) Establish a process for certifying installers,…

(1) It is unlawful for any manufacturer to manufacture, import, or sell manufactured homes within this state unless that manufacturer has been issued a certificate of acceptability for such manufactured homes from the department or its designee. This subsection shall not apply to…

(1) The department, subject to any applicable requirements of KRS 198B.030(8), shall establish and enforce administrative regulations reasonably required to effectuate the provisions of KRS 227.550 to 227.660 and to carry out the department's responsibilities as a state administr…

recreational vehicles offered for sale -- Seal for manufactured homes and mobile homes purchased in another state. (1) Any retailer who has acquired a previously owned manufactured home, mobile home, or recreational vehicle without a seal shall apply to the department for the app…