(A) Pursuant to KRS 227.320, the Kentucky Standards of Safety (Fire Prevention Code), as promulgated in Chapter 10, Title 815 of the Kentucky Administrative Regulations by the State Commissioner of the Department of Housing, Buildings and Construction, on the advice and recommendation of the State Fire Marshal, is adopted as part of the Fire Prevention Code of Louisville/Jefferson County Metro Government (Louisville Metro Government).
(B) The Louisville Division of Fire and Rescue, along with the suburban Fire Districts located within Jefferson County that have adopted Ordinance No. 75-2004, are designated as Louisville Metro Government’s primary enforcement agencies for the Kentucky Standards of Safety (Fire Prevention Code), dependent upon the jurisdiction in which any subject property is located. The Fire Chief, or designee, (“Fire Chief”) of the department/district shall be the enforcement authority for each jurisdiction.
(C) (1) The Fire Chief is hereby authorized to enter into agreements with the Commonwealth of Kentucky, Department of Building, Housing and Construction, pursuant to KRS 15.605 through 15.630 to establish jurisdictional parameters and to avoid duplicative standards.
(2) Subject to any modification by agreement as described in subsection (C)(1) above, the Fire Chief shall assume primary jurisdiction for the inspection and enforcement of the Kentucky Fire Prevention Code for all property located within the geographical boundaries of the urban services district, or suburban fire protection district, whichever is applicable, with the following exceptions:
(a) All property inspected by the Kentucky State Fire Marshal’s Office;
(b) All state-owned property;
(c) Jails or other penal institutions regulated by the Kentucky Corrections Cabinet pursuant to KRS 441.005 and 441.055;
(d) Provisions of the Kentucky Standards of Safety (Fire Prevention Code) relating to elevators;
(e) Such other property jurisdictions of which may be transferred in writing from or to the jurisdiction of the State Fire Marshal.
(3) The State Fire Marshal shall have primary enforcement jurisdiction of all property excepted from primary jurisdiction for the urban services district and fire protection districts, as set forth in this section.
(D) Pursuant to KRS 227.230, the Fire Chief, and such other members of the fire departments and suburban fire protection districts as are necessary, may be deemed deputy state fire marshals by the State Fire Marshal, as set forth within the statute.
(E) Saving clause. Nothing in this subchapter or the Kentucky Standards of Safety (Fire Prevention Code) hereby adopted shall be construed to affect any suit or proceeding pending in any court or before any administrative agency, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any ordinance hereby repealed; nor shall any just or legal remedy of any character be lost, impaired or affected by this section.
(F) No liability. Nothing in this subchapter is intended to create any duties on behalf of Louisville Metro Government, or its officers, agents, or employees, to any third party; nor is there any intent, implied or otherwise, to expand or create any causes of action against Louisville Metro Government, its officers, agents, or employees, for liability as a result of a violation of this section.
(Lou. Metro Ord. No. 75-2004, approved 6-17-2004; Lou. Metro Am. Ord. No. 162-2023, approved 11-28-2023)