(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)