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(A) The owner of a dwelling shall be responsible for supplying and installing, in an operable condition, the required detector(s) and for providing maintenance and testing in an owner occupied residence; or for providing the manufacturer’s maintenance and testing instructions to a tenant in the case of rental property.
(B) The owner of a dwelling shall be responsible for maintenance and testing of detectors, in accordance with manufacturer’s instructions, which are located in common areas and/or detectors in rooming units where the tenant usually has short periods of occupancy (hotels, motels, rooming or tourist homes).
(C) (1) The tenant shall be responsible for maintaining and testing the detector, in accordance with the manufacturer’s instructions, which are within his or her exclusive control during the life of the tenancy.
(2) The tenant shall be responsible for notifying, in writing, the owner when a detector becomes inoperable. Upon receipt of such notice, the owner has ten days in which to repair or replace the detector(s).
(3) In the battery operated type of detector, battery replacement shall be the responsibility of the tenant.
(D) At every change of tenancy, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition prior to re-renting the unit.
(E) At every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sub-lease of the unit, it shall be the duty of the grantor thereof (such as, the seller, lessor or sub-lessor, as the case may be,) to provide, before occupancy, notice to the new occupant that all smoke detectors as required by this section (or other applicable laws) are installed and in proper working condition. Failure to comply with this division (E) shall be punishable as set forth herein; provided, however, that this division (E) shall not be construed to violate or render void any contract, lease or sublease subject hereto.
(F) No smoke detector or alternative system shall be directly connected (permanently wired) to the electrical system of a structure without the proper electrical certification.
(`96 Code, § 93.93) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 93.99
(A) (1) This section is intended to be used with, and supplemented by, the applicable provisions of the National Fire Protection Standards, Nos. 72-E and 74 (current edition) which are hereby incorporated herein.
(2) However, if there shall be any conflict between this subchapter and the supplemental standards, this subchapter and any rules and regulations adopted pursuant thereto shall prevail.
(B) All amendments to or changes in N.F.P.A. Nos. 72-E and 74 shall be adopted without further action and are hereby incorporated by reference.
(`96 Code, § 93.94) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2023-13, passed 10-12-2023)
(A) The requirements of this chapter shall be enforced through the officers, employees and volunteers of the City Fire Department and Code Enforcement; and all other officers, employees and volunteers of the city shall provide to the Fire Department and the city all information relevant thereto acquired by them in the course and scope of their employment or association with the city.
(B) No licenses, permits or certificates of any kind or nature shall be issued on behalf of the city in regard to the condition of or any activity within any dwelling unit unless smoke detectors have been installed and located therein according to the requirements and specifications hereof. Detectors must be operable for the final inspection by the City Fire Department or Code Enforcement. Instructions/maintenance booklets must be provided to the owner by the manufacturer pursuant to N.F.P.A. No. 74, and that documentation must be provided during the final inspection.
(C) The Fire Chief or their designee (a “Fire Code Official”) shall enforce and administer the provisions of KRS Chapter 227, the Kentucky Standards of Safety, and all ordinances of the city with respect to fire hazards.
(D) When any Fire Code Official shall find in any building, or upon any premises or other place, a violation of KRS Chapter 227, a deficiency of the Standards of Safety, or a violation of any ordinances of the city with respect to fire hazards, the Fire Code Official shall give to the owner or their representative a written notice of deficiency.
(E) When a deficiency of this chapter is observed and the notice of deficiency is issued, the notice shall comply with the following format:
(1) The notice shall be in writing, and shall be either personally delivered to the owner or posted in a conspicuous place on the premises.
(2) Include a description of the property sufficient for identification.
(3) Include reasons why a notice of deficiency is being issued.
(4) Identify that a notice of up to 30 calendar days is being given to bring the property into compliance.
(5) Include an explanation of the owner’s right to seek modification, clarification, or withdrawal of the notice of deficiency by contacting the issuing inspector.
(F) At the end of the notice period, a follow up inspection (second inspection) will be conducted. If the deficiencies remain, the Fire Code Official will request the owner to submit a plan of repair within seven calendar days and issue a second notice period of up to an additional 30 calendar days to correct the deficiency.
(G) If deficiencies remain uncorrected after the second notice period, the inspector shall assess the following fees against the property owner:
(1) Third inspection fee: $100.
(2) Fourth inspection fee: $200.
(3) Fifth and subsequent inspection fee: $500.
(H) Inspection fee invoices will be mailed by the city to the owner as it appears on the property valuation administrator database. Fees collected under the provision of this section shall be payable to the City of Ludlow. No license, permit, or other approvals shall be granted by the city to any person or business entity who is delinquent in the payment of any inspection fees. In addition, the City Attorney, in cooperation with the Fire Chief, may pursue collection in the appropriate court of law.
(I) If during a follow up inspection (or any subsequent inspection for the same violation) the Fire Code Official finds an additional violation not found during the initial inspection, such violation shall be treated as an initial violation, for which the property owner shall be issued a notice of deficiency.
(J) Violations that remain uncorrected shall be referred to additional agencies to assist in correcting the deficiencies.
('96 Code, § 93.95) (Ord. 1988-22, passed 10-12-1988; Ord. 2023-13, passed 10-12-2023)
(A) Any person directly affected by a notice of deficiency shall have the right to appeal to the Fire Chief. Any such appeal shall be in writing and delivered to the Fire Chief within seven days after the notice of deficiency is issued. Upon receipt of such notice, the Fire Chief shall, within 30 days of receipt of the notice, set a date for a hearing on the appeal. If a person fails file a timely appeal, the notice of deficiency will be final and the person forfeits any right to appeal and to otherwise contest the contents of the notice.
(B) Any person aggrieved by any action of the Fire Chief may appeal to the State Fire Marshal as provided in KRS 227.380.
(C) If the matter is not resolved by agreement of the affected parties and the State Fire Marshal, legal action shall be initiated pursuant to KRS Chapter 227. In addition, the Fire Chief may take all action permitted under KRS 227.390.
(Ord. 2023-13, passed 10-12-2023)
(A) Whenever a Fire Code Official finds a violation with respect to fire hazards that render any property especially susceptible to fire loss, and there is present such hazard to human life or limb that the public safety imperatively requires emergency action, the Fire Code Official shall order the defects or hazards to be removed or remedied immediately. If the order is not complied with, the Fire Chief is authorized to close buildings and any premises by padlocking such place and placing a notice “Closed to the Public by Order of the Fire Chief” on the entrance doors. Such buildings and premises shall be closed to the public and vacated by its occupants until the violation is corrected.
(B) Upon receipt of notice of an emergency order issued above, an owner or agent may seek a temporary restraining order prohibiting its enforcement in the Circuit Court where the property is located. The Court may review the emergency order and prohibit its enforcement.
(Ord. 2023-13, passed 10-12-2023)
(A) Any person who violates any provision of this chapter for which a penalty is not specified, shall be guilty of a misdemeanor and shall be fined not more than $500.
(KRS 227.990(4))
(C) Any person, firm or corporation in violation of any provisions of § 92.071 shall be guilty of a misdemeanor and shall be fined in a sum not to exceed $500 per occurrence or imprisoned for not more than six months, or both. Each occurrence shall constitute a separate offense.
(Ord. 1980-9-2, passed 10-8-1980)
(2) The penalty for noncompliance with §§ 92.100 through 92.105 is automatically waived if the dwelling unit is brought into compliance within 30 days of the original violation. The property owner must request an inspection by the City Fire Department to verify compliance and have the waiver provision applied.
(3) Continued failure to comply may result in a maximum penalty of $1,000 or six months in jail.
(`96 Code, § 93.99) (Ord. 1988-22, passed 10-12-1988; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023)