(A) Adoption by reference. Pursuant to the authority in and the requirements of KRS 227.330, Administrative Regulations 815 KAR 10:040, the National Fire Code, as now adopted and hereafter amended and the standards of safety (Fire Prevention Code) promulgated by the Commissioner of the Department of Housing, Buildings and Construction of the commonwealth on the advice and recommendations of the state’s Fire Marshal and pursuant to the requirements of KRS 227.300, and the whole thereof, including all codes and standards con tained or incorporated therein by reference, together with all subsequent amendments or revisions thereto, are herein incorporated by reference, the same as if the standards of safety were specifically rewritten at length herein in words and figures, and the standards of safety are hereby approved as an ordinance of the county. Copies of 815 KAR 10:040, the standards of safety, are available to the general public through the Kentucky Department of Housing, Buildings and Construction.
(B) Applicability. The provisions of this section, and all codes and standards herein incorporated by reference, shall be the minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, shed, tents, lots or premises in the City and the provisions hereof shall be liberally construed for the purpose.
(C) Exemptions. Buildings built under and in full compliance with the codes in force at the time of construction or alteration thereof and that have been properly maintained and used for the use as originally permitted shall be exempt from the requirements of this subchapter pertaining to any of the following matters, except as otherwise provided for in the standards of safety herein incorporated by reference:
(1) Fire protection of building elements, except as required for buildings under Article 4 of the standards of safety herein incorporated by reference or the Kentucky Building Code;
(2) Exits required, except as required for existing buildings under Article 4 of the standards of safety herein incorporated by reference or the Kentucky Building Code; and
(3) Isolation of hazardous operations and mixed use as required for existing buildings under the provisions of the standards of safety herein incorporated by reference or the Kentucky Building Code; provided, however, that, the code official requires the installation of fire safety devices or systems (fire extinguisher, fire protective signaling systems, automatic fire detection devices, sprinklers or similar systems) where the devices or systems are necessary to provide safety to life and property. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the code official shall prescribe limitation on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire or endanger life or property.
(D) Enforcement official.
(1) The Newport Fire/EMS Department is hereby authorized to inspect property, issue permits for open burning authorized by the provisions of Article 3 of the standards of safety herein incorporated by reference, make written reports and recommend fire hazards to be remedied within its jurisdiction.
(2) It shall be the duty of the Newport Police Department to render all possible assistance in the enforcement of this subchapter and of the standards of safety herein incorporated by reference for the protection of the public. The Newport Police Department is authorized and directed to periodically enter all occupied places of public assembly for the purpose of the enforcement of provisions of this subchapter relating to overcrowding and maintenance of required exits therein and to enter upon private property to enforce required fire lane open space in parking lots containing space for 10 or more vehicles.
(E) Conflicting regulations.
(1) The standards of safety herein incorporated by reference are to be used in conjunction with existing laws, ordinances and regulations adopted or otherwise in force in the jurisdiction. Nothing contained therein shall be construed as rendering other applicable laws, ordinances or regulations invalid. However, if a conflict exists between the provision of the standards of safety and the Kentucky Building Code, the provisions of the Building Code shall prevail.
(2) Any changes, alterations or repairs in existing buildings which are required by the application of any provision of the standards of safety herein incorporated by reference shall be made in accordance with the applicable provisions of the Kentucky Building Code for the appropriate occupancy use classification.
(3) Nothing in the standards of safety herein incorporated by reference shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, liability incurred or any cause or causes of action acquired or existing, under any act of ordinance or regulations in force prior to the effective date of this subchapter.
(F) Permits.
(1) All permits required by the provisions of the standards of safety herein incorporated by reference, save and except for open burning permits under Article 3 thereof, shall be issued by the Newport Fire/EMS Department upon application in writing, signed by the owner or the occupant, as appropriate, to do so. Permits for open burning pursuant to Article 3 of the standards of safety shall be issued by the Newport Fire/EMS Department having jurisdiction over the property upon which the burning is to take place.
(G) Open burning. Open burning shall be prohibited unless authorized, in writing, by the Newport Fire/EMS Department
(1995 Code, § 8.12.040) Penalty, see § 10.99
Cross-reference:
Open burning; permit required; exception, see § 91.01