Section
General Provisions
92.00 Definitions
92.01 Standards of Safety adopted
92.02 Fire limits
92.03 Fire protection service outside city limits
92.04 Fire Department access
92.05 Obstructing fire hydrants and Fire Department access roads
92.06 Fire inspection program
92.07 Designated enforcement officer
92.08 Appeal process
Smoke Detectors
92.15 Administration
92.16 Requirements
92.17 Installation; maintenance
92.18 Conflicting provisions
Open Burning
92.50 Open burning prohibited; exceptions
92.51 Burning leaves and household rubbish prohibited
92.52 Location requirements
92.53 Open burning regulations
92.54 Open burning attendance required
92.55 Authority of Fire Chief or his designee(s)
92.56 Fire hazard seasons; fires prohibited; exceptions
92.57 Notice required before burning
92.58 Outdoor fire places, chimaneas, and fire pits
Fireworks
92.70 Sale and use of fireworks
92.71 Storage of fireworks and pyrotechnical devices
92.72 Seizure and sale of fireworks stored and held in violation
92.99 Penalty; enforcement
GENERAL PROVISIONS
For the purpose of this subchapter the following definitions shall apply unless context clearly indicates or requires a different meaning.
“APARTMENT BUILDING COMMON AREAS.” These areas shall include, but are not limited to, lobbies, corridors, stairways, and allowable areas of assembly such as club houses, recreation rooms, and sales offices.
“COMPETENT DISPLAY OPERATOR.” The person with the overall responsibility for the operation and safety of a fireworks display. They shall hold a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) License and have participated as an assistant in firing at least five public displays.
“DWELLING.” Any building which contains one or more dwelling units or any rooming unit, rooms, or area designed or used for sleeping purposes either as a primary use or use on casual occasions. This term shall include, but not be limited to, a rooming house, hotels, motels, tourist homes, school dormitories, and apartment 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.
“FIREWORKS.” Any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “consumer fireworks” as defined in KRS 227.702 or “display” fireworks as defined in KRS 227.706 and as set forth in the United States Department of Transportation’s (DOT) hazardous materials regulations.
“GARBAGE.” Putrescible animal and vegetable matter accumulated by a family in a residence in the course of ordinary day to day living.
“HOUSEHOLD RUBBISH.” Waste material and trash, not to include garbage, normally accumulated by a family in a residence in the course of ordinary day to day living.
“MULTIPLE STRUCTURES.” Structures located on the same property but not connected by common construction.
“NEW BUSINESS.” A business that begins operations at a new location or that changes its use at an existing location.
“OPEN BURNING.” The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.
“OWNER.” Any person who alone, jointly, or severally with others:
(1) Shall have all or part of the legal title to any real property with or without accompanying actual possession thereof, or shall have all or part of the beneficiary ownership of any real property and a right to present use and enjoyment thereof, including a mortgage in possession; or
(2) Shall have charge, care, or control of any real property including but not limited to; owner, executor, administrator, trustee, guardian of the estate, real estate agent acting in managerial role, property manager, business manager, employee, landlords, tenants or anyone representing the entity. Any such person thus representing the actual owner shall be bound to comply with the owner’s obligations under this chapter.
“PERMANENT FIREWORKS ESTABLISHMENT.” Any person, firm co-partnership, nonprofit, or corporation intending to sell “consumer fireworks”, as the primary source of business, that is not a seasonal retailer as defined in this section.
“PUTRESCIBLE.” Having the ability to become putrid.
“RECREATIONAL OR CEREMONIAL PURPOSES.” A fire not more than five feet (1,524 mm) by five feet (1,524 mm) by five feet (1,524 mm) in dimensions and shall not burn longer than three hours. The size and duration of said fire shall only be increased by the Fire Chief or his designee when it is determined that fire safety requirements for the situation and the desirable duration of burn warrant the increase. Fuel for said fire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be used for waste disposal purposes and the fuel shall be chosen to minimize the generation of air contaminants.
“RED FLAG WARNING.” A term used by fire-weather forecasters to call attention to limited weather conditions of particular importance that may result in extreme burning conditions. It is issued when it is an on-going event or the fire weather forecaster has a high degree of confidence that red flag criteria will occur within 24 hours of issuance. Red flag criteria occurs whenever a geographical area has been in a dry spell for a week or two, or for a shorter period, if before spring green-up or after fall color.
“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, tourist home, a school dormitory, or an apartment building which may or may not have some additional facilities for eating or cooking contained therein.
“SEASONAL RETAILER.” Any person, firm co-partnership, nonprofit, or corporation intending to sell “consumer fireworks” BETWEEN June 10 and July 7, or December 26 and January 4 of each year or both, and shall include permanent businesses, temporary businesses, stores, stands, or tents.
“SILVICULTURAL.” The practice of cultivating trees, forestry.
“TENANT.” Any individual, company, partnership, trustee or any other entity that occupies a structure.
(Ord. 2012-1574, passed 5-10-12; Am. Ord. 2019-1774, passed 4-25-19)
(A) There is hereby established, within the city, a fire inspection program in accordance with KRS 227.320 and the Kentucky Standards of Safety (Fire Prevention Code) as promulgated in 815 KAR 10:060 by the Commissioner of the Department of Housing, Building and Construction on the advice and recommendation of the State Fire Marshal, and which includes by reference the NFPA Fire Prevention Code, is hereby adopted in full as an ordinance of the City of Murray, Kentucky. Copies of the code book are available through the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Frankfort, Kentucky 40601.
(1) The Fire Chief or his designee is authorized to inspect all property for the purpose of ascertaining and causing to be corrected any conditions likely to cause fire loss, or determining the cause or origin of any fire loss, or discovering any violation of a law or ordinance relating to fire prevention and protection. This authority shall apply to the interior of occupied residences, including homes, apartments, condominiums, and townhouses, only when a fire loss has occurred therein or when the officer has reason to believe that unsafe conditions exist in the building. Inspections of property located within the Murray city limits shall be made in accordance with an inspection schedule approved by the Fire Chief and/or Fire Marshal. The Fire Chief and/or Fire Marshal reserves the right to inspect any premises at any time outside the schedule if deemed necessary.
(2) No owner shall fail to furnish and use reasonable adequate protection and safeguards against fire loss, or fail to adopt and use processes and methods reasonably adequate to render such places safe from fire loss as defined by 815 KAR 10:060 - Kentucky Standards of Safety.
(3) No owner shall require or allow the public or any employee to go into or be in any property under his control which is not reasonably safe from fire loss as defined by 815 KAR 10:060 - Kentucky Standards of Safety.
(4) Whenever the Fire Chief or his designee(s) find a property which, for want of repairs, lack of sufficient exits or escape facilities, lack of alerting devices, dilapidated condition, or any other cause, is especially liable for fire loss, or whenever the Fire Chief or his designee(s) find in any property, combustible or explosive matter or inflammable materials likely to result in fire loss, shall order it to be remedied. The Fire Chief or his designee(s) shall deliver the order, describing the deficiencies, to the owner. The owner shall conform to the order within the specified time. If any owner fails to comply with an order within the specified time, the Chief or his designee(s) may cause the property to be repaired, or removed if repair is not feasible, and all fire hazard conditions remedied, at the expense of the owner. Any such expense incurred by the city shall be enforced against any property of such owner and shall have a lien for such expense on the real estate or property involved.
(5) Whenever the Fire Chief or his designee(s) find any property in violation of any provisions of the Fire Code, he or she shall notify the owner in writing of such specific finding(s) and violation(s) and instruct the owner to correct the violation within a period of time not to exceed 60 days.
(B) Nothing in this section shall be interpreted to inhibit, circumvent, alter, change, or delay the Fire Chief or his designee's statutory authorizations involving immediate abatement of any dangerous condition(s).
(C) The City Clerk shall at all times keep in their possession for reference a copy of the most recent edition of the Standards of Safety.
(D) An attested copy of this ordinance shall be transmitted to the office of State Fire Marshal and the Rates Section of the Department of Insurance of the Commonwealth of Kentucky.
(Ord. 410, passed 11-29-63; Am. Ord. 670, passed 9-6-78; Am. Ord. 709, passed 7-10-80; Am. Ord. 88-869, passed 6-23-88; Am. Ord. 90-936, passed 12-12-90; Am. Ord. 2000-1225, passed 9-26-00; Am. Ord. 2012-1574, passed 5-10-12; Am. Ord. 2019-1774, passed 4-25-19)
Cross-reference:
Violations subject to Code Enforcement Board, see § 40.39
City fire-apparatus and personnel shall not be utilized to fight fires outside the city limits unless pursuant to a mutual aid agreement with another governmental entity, or, at the discretion of the Mayor or his designee(s), or where fire threatens an occupied public school in Calloway County.
(Ord. 713, passed 7-24-80; Am. Ord. 2012-1574, passed 5-10-12)
(A) All premises which the Fire Department may be called upon to protect in case of fire and which are not readily accessible from public roads shall be provided with suitable gates, access roads, parking lot lanes, or a combination thereof so that all buildings on the premises are accessible to fire apparatus.
(B) Plans for fire department access roads, fire hydrant systems and fire sprinkler system connections shall be provided to the Fire Chief, or his designee, for review and approval prior to construction.
(C) A fire department access road shall extend to within 50 feet (15m) of at least one exterior door that can be opened from the outside and that provides access to the interior of the building. Access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located no more than 150 feet (46m) from fire department access roads as measured by an approved route around the exterior of the building or facility.
(D) More than one fire department access road shall be provided when it is determined by the Fire Chief, or his designee, that access by a single road could be impaired by vehicle congestion, condition of the terrain, climatic conditions or other conditions that could limit access.
(E) Fire department access roads shall have an unobstructed width of at least 20 feet including adjacent traffic lanes, with the road edge closest to the building at least eight feet from the building. Access roads shall have an unobstructed vertical clearance of at least 13 feet 6 inches (4.1m). Any dead-end access roads more than 150 feet long shall be provided with an approved cul-de-sac or hammerhead turn-around at the closed end. The cul-de-sac design must have a minimum diameter of 96 feet and a minimum 28-foot radius as shown in Figure 1 below. The hammerhead design is 60 feet from the center of the road in both directions as shown in Figure 2 below.
Figure 1
Figure 2
(F) Fire department access roads shall be constructed and maintained to support the imposed loads of fire department apparatus and shall be provided with an all-weather driving surface. The surface of access roads shall be marked with approved markings. Signs shall be posted that read "No Parking Fire Lane".
(G) Buildings or facilities containing automatic fire alarm or automatic fire sprinkler systems shall provide fire department access though the installation of key access boxes approved by the Fire Chief or his designee.
(H) Fire department access shall be provided to gated subdivisions or developments through the use of key switches or devices approved by the Fire Chief or his designee.
(I) Industrial, commercial and institutional facilities that manufacture, process, use or store hazardous materials shall mark their facilities in accordance with NFPA 704. This section shall be retroactive to include all facilities for which the standard applies.
(J) Buildings equipped with fire sprinkler systems shall locate the fire department connection(s) away from the building a distance of at least one and one-half times the height of the building or at the street, whichever is closer. The fire department connections shall be located no closer than 20 feet (6m) or further than 80 feet (24.2m) from a fire hydrant. Exception; existing fire sprinkler installations.
(K) Fire hydrants shall be spaced apart no further than 450 feet (106m) in residential areas, and 350 feet (136m) in commercial and industrial areas. Blue raised street reflectors shall be installed to indicate the location of fire hydrants. When a fire hydrant is located at an intersection, reflectors shall be installed on each street. Blue raised hydrant reflectors shall be installed on any city street that is resurfaced. Cost for the blue raised hydrant reflectors and their installation shall be borne by the contractor and the cost included in the street resurfacing bid.
(L) Any person violating any of the provisions of this section, in addition to any other penalties or fines, shall become liable to the city for any expenses, loss, or damage occasioned the city by reason of such violation.
(Ord. 778, passed 8-11-83; Am. Ord. 2012-1574, passed 5-10-12; Am. Ord. 2019-1774, passed 4-25-19) Penalty, see § 92.99
(A) It shall be unlawful for any person to park any automobile or any other motor vehicle within ten feet of a fire hydrant or fire department connection. Fire hydrants and fire department connections shall be free of any and all obstructions within ten feet.
(B) It shall be unlawful for any person to park any automobile or any other motor vehicle on, or to obstruct in any manner, a fire department access road.
(C) Motor vehicles found in the prohibited area as described in this section shall be removed by authority of the Chief of Police, Fire Chief or their designees, and the cost of such removal or towing and all other costs are to be borne or paid by the violator.
(D) Any objects or materials found to be obstructing a fire hydrant, fire department connection or fire department access road shall be caused to be removed by authority of the Police Chief, Fire Chief or their designees, and the cost of such removal and all other costs are to be borne or paid by the violator.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
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