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LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
§ 156.100 GENERALLY.
   (A)   Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
   (B)   Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter.
   (C)   Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the appropriate code listed in the Appendix.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.101 LIGHT.
   (A)   Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8% of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. (Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.)
   (B)   Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and two- family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one footcandle (11 lux) at floors, landings and treads.
   (C)   Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.102 VENTILATION.
   (A)   Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in § 156.101(A). (Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8% of the floor area of the interior room or space, but not less than 25 square feet (2.33 (m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
   (B)   Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by § 156.102(A), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be re-circulated.
   (C)   Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit except where specifically approved in writing by the Code Official.
   (D)   Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
   (E)   Clothes dryer-exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.103 OCCUPANCY LIMITATIONS.
   (A)   Privacy. Dwelling units, hotel units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
   (B)   Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter fronts and appliances or counter fronts and walls.
   (C)   Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm) except for the following:
      (1)   In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height;
      (2)   Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders. ducts and similar obstructions.
      (3)   Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included.
   (D)   Bedroom requirements. Every bedroom shall comply with the following requirements:
      (1)   Area for sleeping. Every bedroom occupied by one person shall contain at least 70 square feet (6.5 mm) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 mm) of floor area for each occupant thereof.
      (2)   Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not-serve as the only means of egress from other habitable spaces except in units that contain fewer than two bedrooms.
      (3)   Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
      (4)   Prohibited occupancy. No person shall use any kitchen, nonhabitable or public space for sleeping purposes, nor shall food be prepared or cooked in any room used for sleeping purposes, except in an efficiency apartment. In an efficiency apartment, that portion of the room designated for sleeping purposes shall not be within ten feet of that portion of the room designated for cooking purposes. The ten feet shall be calculated as the shortest straight line distance between the sleeping area and the stove. The ten feet requirement shall not be a violation when the ten feet distance is separated by a permanent divider wall of a height of at least 50% of the height of the room.
      (5)   Other requirements. Bedrooms shall comply with the applicable provisions of this chapter including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this section, the plumbing facilities and water-heating facilities requirements of this chapter; the heating facilities and electrical receptacle requirements of this chapter; and the smoke alarm and emergency escape requirements of this chapter.
   (E)   Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 43.
         TABLE 43
 
Space
1-2 occupants
3-5 occupants
6 or more occupants
Living rooma,b
No requirements
120
150
Dining rooma,b
No requirements
80
100
Kitchenb
50
50
60
For SI: one square foot = 0.093 m2
a. See subsection (E)(2) for combined living room/dining room spaces.
b. See subsection (E)(1) for limitations on determining the minimum occupancy area for sleeping purposes.
 
      (1)   Sleeping area. The minimum occupancy area required by Table 43 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with subsection (D).
      (2)   Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 43 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.
   (F)   Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:
      (1)   A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m 2 ). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
      (2)   The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. .
         (a)   The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
         (b)   The maximum number of occupants shall be three.
   (G)   Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
§ 156.150 GENERALLY.
   (A)   Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
   (B)   Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises, which does not comply with the requirements of this chapter.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.151 REQUIRED FACILITIES.
   (A)   Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
   (B)   Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
   (C)   Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.152 TOILET ROOMS.
   (A)   Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
   (B)   Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.153 PLUMBING SYSTEMS AND FIXTURES.
   (A)   General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
   (B)   Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.154 WATER SYSTEM.
   (A)   General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Kentucky Plumbing Code.
   (B)   Contamination. The water supply shall be maintained free from contamination in an approved manner as identified by the Louisville Metro Public Health and Wellness Department, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
   (C)   Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
   (D)   Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120º F. (49º C.). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.155 SANITARY DRAINAGE SYSTEM.
   (A)   General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing facility shall be properly connected to either the public sewer system or to an approved private sewage disposal system which shall meet the requirements of the Louisville Metro Public Health and Wellness Department.
   (B)   Maintenance. Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. All repairs and installations shall be made in accordance with the provisions of the Kentucky Building Code and the Kentucky Residential Code. Repairs to on-site sewage systems must be permitted and approved by the Louisville Metro Public Health and Wellness Department.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.156 STORM DRAINAGE.
   Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
MECHANICAL AND ELECTRICAL REQUIREMENTS
§ 156.180 GENERALLY.
   (A)   Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
   (B)   Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises, which does not comply with the requirements of this chapter.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.181 HEATING FACILITIES.
   (A)   Facilities required. Heating facilities shall be provided in structures as required by this section.
   (B)   Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65ºF. (18ºC.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
   (C)   Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a temperature of not less than 65ºF. (18ºC.) in all habitable rooms, bathrooms, and toilet rooms except in circumstances when the exterior temperature falls below 0ºF. (-18ºC.) and the heating system is operating at its full capacity, a minimum room temperature of 60ºF. (16ºC.) shall be maintained at all times.
   (D)   Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.182 MECHANICAL EQUIPMENT.
   (A)   Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
   (B)   Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent except that fuel-burning equipment and those appliances, which are labeled for unvented operation.
   (C)   Clearances. All required clearances to combustible materials shall be maintained.
   (D)   Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
   (E)   Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
   (F)   Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.183 ELECTRICAL FACILITIES.
   (A)   Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and § 156.184.
   (B)   Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a rating of not less than 60 amperes.
   (C)   Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper/inadequate over-current protection, insufficient receptacle and lighting outlets, improper or unsafe-wiring or installation, makeshift wiring or improper/inappropriate use of electrical extension cords, deterioration or damage, or for similar reasons, the Code Official shall require the defects to be corrected to eliminate the hazard.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.184 ELECTRICAL EQUIPMENT.
   (A)   Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
   (B)   Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new or replaced bathroom receptacle outlet shall have ground fault circuit interrupter protection.
   (C)   Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.185 DUCT SYSTEMS.
   Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
FIRE SAFETY REQUIREMENTS
§ 156.200 GENERALLY.
   (A)   Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
   (B)   Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter.
   (C)   Flammable matter. Highly flammable or explosive matter, such as paints, volatile oils and cleaning fluids, or combustible refuse, such as waste paper, boxes and rags, shall not be accumulated or stored on residential premises except in reasonable quantities consistent with normal usage. Highly flammable or explosive matter arid combustible refuse, in reasonable quantities, shall be properly stored in containers and in such manner so as not to come in contact with or be adversely affected by mechanical equipment or heat-producing appliances or fixtures.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.201 MEANS OF EGRESS.
   (A)   General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way.
   (B)   Dual egress. Every residential building exceeding two stories in height above ground, not including basements, shall be provided with not less than two approved independent exits from each floor above the second floor, fully accessible to each occupant on the floor. This section shall not apply to one and two-family dwellings.
   (C)   Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Kentucky Building Code or the Kentucky Residential Code.
   (D)   Emergency escape openings. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the Kentucky Building Code or the Kentucky Residential Code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with § 156.203.
   (E)   Accumulations and storage. Waste, refuse, or other materials shall not be allowed to accumulate in stairways, passageways, doors, windows, fire escapes, or other means of egress.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)
§ 156.202 FIRE-RESISTANCE RATINGS.
   (A)   Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.
   (B)   Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.203 FIRE PROTECTION SYSTEMS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHIEF. Any person appointed or empowered in accordance with KRS Chapters 227, 75, 95 or 67C.105 to carry out the expressed or implied statutory authority granted under the specific chapter for which their authority is derived within their fire department or fire district.
   CODE OFFICIAL. The official who is charged with the administration and enforcement of the Property Maintenance Code established by Chapter 156 of the Louisville/Jefferson County Metro Government Code of Ordinances, or any duly authorized representative.
   DWELLING. Any building which contains one or more dwelling units or any rooming units, rooms, or area designated or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include single-family dwellings, duplexes, rooming houses, hotels, motels, tourist homes, school dormitories, apartment and/or condominium buildings.
   DWELLING UNIT. Any group of rooms located within a building and forming a single housekeeping unit with facilities, which are used or designed to be used for living, sleeping, cooking, or eating.
   OWNER. Any person who alone, jointly, or severally with others:
      (1)   Shall have all or part of the legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or shall have all or part of the beneficial ownership of any dwelling or dwelling unit and a right to present use and enjoyment thereof, including a mortgage in possession; or
      (2)   Shall have charge, care, or control of any dwelling or dwelling unit as owner, or as executor, administrator, trustee, guardian of the estate, or duly authorized agent of the owner. Any such person thus representing the actual owner shall be bound to comply with the owner's obligations under this section.
   ROOMING UNIT. Any room, which is designed or used for sleeping purposes. This term may include a room in a rooming house, a hotel, a motel, a tourist home, a school dormitory, or an apartment building, which may or may not have some additional facilities for eating or cooking contained therein.
   (B)   Smoke alarms required; type and placement.
      (1)   In all dwelling units, smoke alarms powered by a hard wire AC primary power source or a self-monitored, non-removal ten-year lithium battery shall be installed and maintained after the effective date of this section.
      (2)   In order to comply with this section, only ionization or photoelectric type alarms listed by a nationally recognized testing laboratory shall be installed.
      (3)   Smoke alarms shall be installed in accordance with applicable NFPA Standards and the manufacturer’s recommendations. Alarms may be ceiling or wall mounted, provided that they meet requirements as referenced in NFPA 72.
      (4)   In a dwelling unit, which contains a well-defined sleeping room separated from the other activity areas of the same unit, the alarm shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated and/or where a single smoke alarm will not adequately service all sleeping areas, there shall be a smoke alarm installed adjacent to each sleeping area. In a rooming unit the alarm shall be centrally located.
      (5)   In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke alarms in each dwelling unit or rooming unit, alarms shall be placed in centrally located common areas so that smoke alarms will adequately service all sleeping areas.
   (C)   Installation and maintenance.
      (1)   The owner of a dwelling shall be responsible for supplying and installing in an operable condition, the required alarms and for providing the manufacturer’s maintenance and testing instructions to the tenant.
      (2)   The owner of a dwelling shall be responsible for maintenance and testing of alarms, in accordance with manufacturer’s instructions, which are located in common areas and/or alarms in rooming units where the tenant usually has periods of occupancy, (less than 30 continuous days, such as, hotels, motels, tourist homes).
      (3)   The tenant shall be responsible for maintaining and testing the alarms, in accordance with the manufacturer’ instructions, which are within his or her exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner in writing when alarms become inoperable, and the owner shall have ten days after receipt of such written notice in which to replace or repair the alarms in an operable condition.
      (4)   At every change of tenancy in all multi-family residential units and dormitories, it shall be the duty of the owner to test and ascertain that those alarms contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition.
      (5)   In all hotels, motels, rooming houses or tourist homes it shall be the duty of the owner to test such alarms on a regular basis in accordance with manufacturer’s instructions, and the owner shall be responsible for maintaining such units in an operable condition. A log of smoke alarm inspections and findings shall be maintained by the owner, and shall be made available to fire inspectors upon request.
      (6)   It shall be the responsibility of the property owner to install at least smoke alarms powered by a hardwire AC primary power source or a self-monitored, non-removal ten year lithium battery before transfer of the property to a new party. A signed affidavit of the property owner, given to purchaser, seller, and real estate agent before transfer will suffice in meeting this requirement.
   (D)   Enforcement.
      (1)   The Chief of the Fire Department, Fire District, or Code Official or any of their designated representatives, are hereby authorized and directed to enforce all provisions of this section and the final determination concerning compliance herewith shall be the sole discretion of the Authority Having Jurisdiction (AHJ), as described in 815 KAR 10:060, of the Fire Department, or the Fire District, or Code Official. Upon the presentation of official credentials, an authorized inspector of the Fire Department, Fire District or Code Official, may enter with consent any premises covered by these regulations to perform the duties imposed upon him or her by these regulations.
      (2)   The source of authority to issue orders as described in subsection (A) shall include, but not be limited to, any authority granted under KRS Ch. 227 and 815 KAR 10:060.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 69-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)
ADMINISTRATION AND ENFORCEMENT
§ 156.800 DEPARTMENT OF PROPERTY MAINTENANCE.
   (A)   General. The Department of Property Maintenance Inspection is hereby created and the executive official in charge thereof shall be known as the Code Official.
   (B)   Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction; and the Code Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
   (C)   Deputies. In accordance with the prescribed procedure of this jurisdiction and with the concurrence of the appointing authority, the Code Official shall have the authority to appoint a Deputy Code Official, other related technical offices, inspectors and other employees.
   (D)   Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is that of a member of the Code Enforcement Board, as set forth in § 32.278, as the case may be, shall not be engaged in, or directly connected with, the furnishing of labor, materials or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)
§ 156.801 CODE OFFICIAL; DUTIES AND POWERS.
   (A)   General. The Code Official shall enforce the provisions of this chapter.
   (B)   Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
   (C)   Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
   (D)   Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
   (E)   Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
   (F)   Citations, notices and orders. The Code Official shall issue all necessary citations, notices or orders to ensure compliance with this chapter.
   (G)   Department records. An official record shall be kept of all business and activities of the department specified in the provisions of this chapter; and all such records shall be open to public inspection in accordance with the Kentucky Open Records Act, and under reasonable regulations established by the Code Official to maintain the integrity and security of such records.
   (H)   Coordination of inspections. Whenever in the enforcement of this chapter or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Official involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector's authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.802 RESERVED.
§ 156.803 COMPLIANCE WITH CODE; APPROVAL.
   (A)   Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Code Official shall have the authority to grant modifications for individual cases, provided the Code Official shall first find that special individual reason makes the strict letter of this chapter impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
   (B)   Alternative materials, methods and equipment. The provisions of this chapter are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the Code Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
   (C)   Required testing. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that a material or method does not conform to the requirements of this chapter, or in order to substantiate claims for alternative materials or methods, the Code Official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
   (D)   Test methods. Test methods shall be as specified in this chapter or by other recognized test standards. In the absence of recognized and accepted test methods, the Code Official shall approve the testing procedures.
      (1)   All tests shall be performed by an approved agency.
      (2)   Reports of tests shall be retained by the Code Official for the period required for retention of public records.
   (E)   Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.804 NOTICES; ORDERS.
   (A)   (1)   Citation or notice to owner or to person or persons responsible. Whenever the Code Official, based upon personal observation or investigation, has reasonable cause to believe that a person has committed a violation of this code, the Code Official is authorized to issue a citation or notice of violation to the offender in accordance and as prescribed by § 32.283.
      (2)   Notice regarding care of dilapidated abandoned property.
         (a)   The Director shall have a notice to be mailed at least annually to the last known address of the owner of each dilapidated abandoned property, or shall publish a notice in a newspaper of general circulation, advising owners, operators, and persons in possession or control of dilapidated abandoned property, of the requirements of this chapter regarding the care of property.
         (b)   The notice shall describe each of the nuisances described in Chapter 156 and shall state one or more of the following may occur beginning 30 days of the notice is mailed or published:
            1.   Failure to remove or otherwise abate any nuisances will result in the Department or its designee without further notice may take any action necessary to abate the nuisance within the first anniversary of the date of the notice and that the owner will be billed for all costs of the abatement.
            2.   Additional civil or criminal legal actions may be filed by the Department against the owner or owners to enforce nuisance violations, without additional notice.
         (c)   The notice issued pursuant to this section may be appealed to the Code Enforcement Board.
   (B)   Violation penalties. Penalties for noncompliance with citations, orders and notices shall be as set forth in § 156.999.
   (C)   Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish the grantee, transferee, or mortgagee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, or mortgagee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. In lieu of the above, the owner/seller, prior to sale, transfer, mortgage, contract for deed or other disposal of the affected property, may post a bond with the Metro Government for an amount of 150% of the costs to abate all known violations. (The "costs of repair” shall be agreed upon by the Code Official and the owner/seller, prior to the posting of the bond.) Upon abatement of all violations, the bond will be released.
   (D)   Identification of responsible local agent. There shall be a current notice posted at the on-site management office or in conspicuous places on site (available to all tenants) within ten feet of entrance to structure providing the name, address and telephone number of a 24 hours/7 days a week maintenance and emergency repair service company, the owner must supply the lessee in writing the name, address, and phone number of an individual that is responsible for the maintenance of the property in accordance with the code. The owner must keep the lessee informed of any change of this information to insure it is always current.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 76-2014, approved 5-23-2014; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)
§ 156.805 UNSAFE STRUCTURES AND EQUIPMENT; CONDEMNATION AND CLOSING OF.
   (A)   Condemnation. When a structure or part thereof is found by the Code Official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found unlawful, it shall be condemned pursuant to the provisions of this chapter and shall be placarded and vacated. If condition only involves one dwelling unit in structure; only that unit will be affected. It shall not be reoccupied without approval of the Code Official. Unsafe equipment which is determined by the Code Official to be repairable shall be placarded and immediately placed out of service. Illegal, unapproved or defective equipment which, is determined by the Code Official to be irreparable, shall be immediately confiscated and/or destroyed.
      (1)   Unsafe structure. An unsafe premises is one in which all or part thereof is found to be dangerous to life, health, property, or the safety of the public or its occupants by not providing minimum safeguards for protection from fire or because it contains unsafe equipment or its is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible, or because of the existence of a public nuisance, as defined herein.
      (2)   Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, cooking equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in disrepair or condition that is a hazard to life, health, property or safety of the public or occupants of the premises or structure, or is not approved for use by the Code Official.
      (3)   Structure unfit for human occupancy. A structure is unfit for human occupancy or use whenever the Code Official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because its location constitutes a hazard to its occupants or to the public.
      (4)   Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than, permitted under this chapter, or was erected, altered or occupied contrary to law.
   (B)   Closing of vacant structures. If the structure or part thereof is vacant and open to unauthorized entry, the Code Official shall issue a notice to remedy the violation by instructing the owner of such premises to cover or secure each door, window or other opening that is located within ten feet of grade or accessible from grade by stairs or roofs within ten feet of grade. If condition only involves one dwelling unit in a structure, only that unit will be affected. Upon failure of the owner to remedy the violation in accordance with the notice, the Code Official shall issue a citation.
      (1)   On a recommendation in writing from the appropriate Fire Districts, Louisville Metro Fire Department, Louisville Metro Police Department, Louisville Metro Public Health and Wellness Department or the assessment of the Code Official (in compliance with standards established in regulations as developed by the Code Official) that an emergency exists, the Code Official may board a structure without prior notice to the owner. An "emergency" exists for purposes herein when the boarding of the structure is necessary to protect and preserve the health, safety, or property of the owner, tenants, or the public. In addition, the Code Official, on his or her own motion may board a structure without prior notice to the owner when the structure has been ordered vacated pursuant to this chapter to protect and preserve the health, safety or property of the owner, tenants, or the public, or after service of a warrant executed pursuant to this chapter. The Code Official shall provide written notice to the owner and tenants of the structure of the execution of an order to board as soon as possible.
      (2)   The Code Official may cause the utility service to be discontinued from a structure after it has been unoccupied for a period of six months and does not meet the vacant building maintenance standards and is not in the process of being rehabilitated as indicated by a valid building permit.
   (C)   Notice. Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with this § 156.804. If the notice pertains to equipment, it shall also be placed on the condemned equipment and the notice shall be in the form prescribed in § 156.804.
   (D)   Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
   (E)   Placard removal. The Code Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Code Official shall be subject to the penalties provided by this chapter.
   (F)   Prohibited use. Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premise shall be liable for the penalties provided by this chapter.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.806 EMERGENCY MEASURES.
   (A)   Imminent danger. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment or service, the Code Official may, without notice or hearing, order that such action be taken, including, but not limited to: repair of or immediate evacuation of any effected dwelling or dwelling unit, repair, replacement or immediate confiscation and/or destruction of any defective, illegal or unapproved equipment, as may be reasonably necessary to meet the emergency; confiscation of any refrigerator, ice-box, ice-chest or other similar device or appliance determined to be a public nuisance; demolition or partial demolition of any structure that is in imminent danger of failure, collapse, endangering life or is unable to be secured in accordance to § 156.805.
   (B)   (1)   Notwithstanding any other provision of this chapter, such an order shall be effective immediately. If the owner fails to correct the emergency, and fails to immediately comply with the order, the Code Official may, without further notice to the owner, cause the emergency to be corrected by repair, replacement, or removal, confiscation, immediate evacuation, discontinuance of utilities, or demolition.
      (2)   After the repairs are made, or the removal of the defective, illegal or unapproved equipment has been effected, or the confiscation of the refrigerator, ice-box, ice-chest, or other similar device or appliance determined to be a public nuisance has been effected, the owner shall be afforded a hearing thereon, if requested, as soon as possible.
      (3)   The amount of the costs of any repairs, replacement, or removal, confiscation, immediate evacuation, discontinuance of utilities, abatement costs, or demolition carried out by the Metro Government pursuant to this section, including all costs for labor, materials, travel and filing, and administrative costs of 15% of the above, shall be charged against the owner of the real estate upon which the premises is located.
      (4)   Upon failure of the owner to effect payment of such costs, a lien to bear interest at the rate of 18% per annum, from the date of such lien until paid, shall be placed by the Metro Government against the real estate upon which the structure is located. In addition to the aforesaid remedy or any other remedy authorized by law, pursuant to KRS 65.8801 et seq. and in accordance with § 32.288, the owner of the property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties and other charges and the Metro Government may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
      (5)   Any person to whom such order is directed shall comply therewith. Such person shall thereafter, upon petition directed to the Code Official or Code Official's authorized representative, his or her designee, be afforded a hearing as prescribed in this chapter.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011)
§ 156.807 DEMOLITION.
   (A)   General. The Code Official shall order the owner of premises upon which is located any structure or part thereof, which in the Code Official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and to demolish and remove such structure or part thereof; or if such structure or part thereof is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to raze and remove such structure or part thereof.
   (B)   Order. The order shall specify necessary repairs, if any, and a time in which the owner shall comply therewith. It shall be served on the owner of record and upon the holder of any encumbrance of record in accordance to § 156.804. If the owner or a holder of an encumbrance of record cannot be found, the order shall be served by posting it on the main entrance of the building.
   (C)   Restraining actions. Anyone affected by such order may, after service of such order apply to Jefferson County Circuit Court for an order restraining the Code Official from razing such structure or parts thereof. The court shall determine whether the order of the Code Official is reasonable, and if found reasonable, the court shall dissolve the restraining order, and if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require.
   (D)   Failure to comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the owner of the real estate upon which the structure is located. Upon failure of the owner to effect payment of such costs, a lien to bear interest at the rate of 18% per annum, from the date of such lien until paid, shall be placed by the Metro Government against the real estate upon which the razed or removed structure was located. In addition to the aforesaid remedy or any other remedy authorized by law, pursuant to KRS 65.8801 et seq. and in accordance with § 32.288, the owner shall be personally liable for the amount of the lien, including all interest, civil penalties, fines, penalties, fees, abatement costs, and other charges and the Louisville Metro Government may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016)
§ 156.808 APPEALS; PROCEDURE.
   Any person directly affected by a decision of the Code Official or a citation, or order issued under this code shall have the right to appeal to the Code Enforcement Board (“Board”) in accordance with § 32.283(F).
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022)
§ 156.809 LIMITED LIABILITY.
   (A)   The Code Official, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
   (B)   Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.997 SEVERABILITY.
   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007)
§ 156.998 VIOLATIONS; REMEDIES.
   Abatement of violation. The imposition of the penalties herein prescribed in this Code shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct of business or utilization of the building, structure or premises.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011)
§ 156.999 PENALTY.
   (A)   (1)   Any person violating any of the provisions of § 156.203, or neglecting to comply with any order issued pursuant to § 156.203, shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $500, or be imprisoned for not more than 60 days, or both. Each day’s violation shall constitute a separate offense.
      (2)   Any person, firm or corporation, who shall violate any provision of § 156.203 shall be subject to a civil penalty of not less than $100 nor more than $1,000. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
   (B)   Any person, firm or corporation, who shall violate any provision of this chapter other than as set forth in subsections (A), (B) and (C), above, shall be subject to a civil penalty in accordance with the penalty schedule as set forth in Appendix A, Exhibit A. Any person cited pursuant to this subsection (D) may pay the civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with § 32.283(F). If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be final. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
   (C)   The Metro Government shall possess a lien on property for all fines, penalties, charges, abatement costs, and fees imposed pursuant to this Code in accordance with § 32.288. The lien shall be superior to and have priority over all other liens on the property except state, school board and Metro Government taxes.
   (D)   Notwithstanding subsection (C), above, any person, firm or corporation who violates any provision of this chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to a fine of not more than $250 if committed by a person, not more than $500 if committed by a corporation, or imprisonment for a term not to exceed 50 days, or both. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 69-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 113-2017, approved 6-22-2017; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022)
Editor’s Note:
   Ordinance 167-2022, approved November 17, 2022, repealed subsections (A) and (B) of § 156.999, which set out penalties for violations of § 156.057. Penalties for violations of criminal activity nuisances can now be found in Chapter 149. All citations issued prior to the effective date of Chapter 149 (February 17, 2023) shall be enforced pursuant to LMCO §§ 156.057 and 156.999(A) and (B).
APPENDIX A: CIVIL PENALTIES
EXHIBIT A
CIVIL PENALTY SCHEDULE
 
Number of Inspections During the Period of Time in which the Property Contains Uncorrected Violations
 
 
1
2
3
4
5
6+
 
 
Amount of Civil Penalty
 
Number of Inspections During the Period of Time in which the Property Contains Uncorrected Violations
 
 
1
2
3
4
5
6+
 
 
Amount of Civil Penalty
Number of Uncorrected Violations
1
$100
$200
$300
$400
$500
$600
2
$200
$300
$400
$500
$600
$700
3
$300
$400
$500
$600
$700
$800
4
$400
$500
$600
$700
$800
$900
5
$500
$600
$700
$800
$900
$1,000
6
$600
$700
$800
$900
$1,000
$1,100
7
$700
$800
$900
$1,000
$1,100
$1,200
8
$800
$900
$1,000
$1,100
$1,200
$1,300
9
$900
$1,000
$1,100
$1,200
$1,300
$1,400
10 +
$1,000
$1,100
$1,200
$1,300
$1,400
$1,500
 
APPENDIX
Kentucky Building Code
Kentucy Residential Code
Jefferson County Development Code
Louisville Metro Land Development Code
Uniform Landlord/Tenant Ordinance
(Lou. Metro Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 113-2017, approved 6-22- 2017; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022)
Editor’s Note:
   Ordinance 167-2022, approved November 17, 2022, repealed Exhibits A and B of Appendix A, which set out penalties for public nuisance violations. Penalties for violations of criminal activity nuisances can now be found in Chapter 149. All citations issued prior to the effective date of Chapter 149 (February 17, 2023) shall be enforced pursuant to LMCO §§ 156.057 and 156.999(A) and (B).