(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