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(A) Type and placement of smoke detectors.
(1) Battery operated smoke detectors that are ionization or photoelectric type detectors approved by a nationally recognized testing laboratory shall meet the minimum standard smoke detector required by this subchapter.
(2) Smoke detectors shall be placed in accordance with applicable N.F.P.A. standards. Detectors may be ceiling or wall mounted. However, if they are wall mounted, they shall be within 12 inches, but not closer than six inches, of the ceiling.
(3) In a dwelling unit which contains a well-defined sleeping room separated from the other activity areas of the same unit, the detector shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes and inside each bedroom. Where sleeping areas are separated or where a single smoke detector will not adequately service all sleeping areas, there shall be a smoke detector installed adjacent to each sleeping area and in sleeping rooms. In a rooming unit the detector shall be centrally located on the ceiling.
(4) In a dwelling containing two (2) or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas so that smoke detectors will adequately service all sleeping areas.
(5) Smoke detectors shall be required in the living area of every dwelling unit and on every story of the dwelling unit, including basements.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
(A) The owner of a dwelling shall be responsible for supplying and installing in an operable condition the required detectors and for providing the manufacturer's maintenance and testing instructions to a tenant when appropriate.
(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 detectors in dwelling units and rooming units where the occupancy of any one tenant is for less than one month.
(C) The tenant in any occupancy of one month or more shall be responsible for maintaining and testing the detector, in accordance with the manufacturer's instructions, which are within his exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner when a detector becomes inoperable, whereafter the owner has 24 hours in which to repair or replace it. In the battery operated type of detector, battery replacement shall be the responsibility of the tenant.
(D) At every change of tenancy where the occupancy of any one tenant is of one month or more, 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.
(E) Tampering: Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this subchapter and subject to the penalty set forth in § 92.99.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
In any case where a provision of this subchapter is found to be in conflict with a provision of any fire or safety code of the city, the provision which establishes the higher standard for the promotion and protection of health and safety shall prevail.
(Ord. 99-1184, passed 5-27-99; Am. Ord. 2012-1574, passed 5-10-12)
OPEN BURNING
Except as provided in this section, no person shall cause, suffer or allow any open burning or open fires. Fires may be set for the following purposes, provided that the fires do not violate any of the provisions of KRS Chapters 149, 150, 227, and other laws of the Commonwealth of Kentucky or any local ordinances:
(A) Fires set for the cooking of food for human consumption on other than commercial premises;
(B) Fires set for recreational or ceremonial purposes;
(C) Small fires set by construction and other workers for comfort heating purposes, when the temperature is below 50 degrees Fahrenheit, provided excessive or unusual smoke is not created and only clean non-treated lumber, paper or fire wood is burned and the fire is contained to a 55 gallon (maximum) drum;
(D) Fires set for the purpose of weed abatement, disease, and pest prevention;
(E) Fires set for prevention of a fire hazard, including the disposal of dangerous materials where no safe alternative is available;
(F) Fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fighting fires;
(G) Fires set for recognized agricultural, silvicultural, range and wildlife management practices;
(H) Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products or other organic materials, and the disposal of absorbent material used in their removal, where no other economically feasible means of disposal is available and practical and provided permission is obtained from the Natural Resources and Environmental Protection Cabinet prior to burning; and
(I) Fires set for disposal of natural growth for land clearing, and trees and tree limbs felled by storms, provided that no extraneous material such as tires or heavy oil which tend to produce dense smoke are used to cause ignition or aid combustion and the burning is done on sunny days with mild winds. The measurement of the fire shall not exceed 25 feet by 25 feet by eight feet.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
The burning of leaves, foliage, household rubbish and garbage, construction debris, painted/stained or treated wood products, animal bedding, tires, coated wire, furniture, and chemical containers is in violation of the Environmental Protection Agency's regulations and is strictly prohibited within the city limits.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
The location for any open burning shall not be less than 50 feet (15,240 mm) from any structure or utility line and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure or utility line. Fires in approved containers shall be permitted provided that such fires are not less than 15 feet (4,572 mm) from any structure.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
Open burning shall not be used for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel shall be chosen to minimize the generation and emission of air contaminants.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
Any open burning shall be constantly attended until the fire is extinguished. Adequate and appropriate fire-extinguishing equipment shall be available for immediate use.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
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