(A) The Building Inspector is charged with enforcement of the provisions of the State Building Code adopted in § 150.01. All building code inspections shall be performed by persons certified by the Kentucky Department of Housing, Building and Construction. All electrical inspections shall be performed by a certified electrical inspector specifically approved by this jurisdiction.
(B) The Fire Chief and/or his or her designate are hereby charged with adopting a fire inspection program pursuant to 815 KAR 10:060 and enforcement of the provisions of the State Standards of Safety adopted by reference in § 150.01, as provided for in KRS 227.320; KRS 227.380(1) and KRS 227.390 including but not limited to, ordering fire hazards to be removed or remedied and if their order is not complied with, caused to property to be repaired, or removed if repair is not feasible, all at the expense of the owner(s) for which the City of Pikeville shall be entitled to a statutory lien for such expense.
(C) Distinct fire hazards.
(1) A building shall be deemed a distinct fire hazard if the authority having jurisdiction determines:
(a) A fire, explosion, or asphyxiation is likely to occur;
(b) Conditions might provide a ready fuel supply to augment the spread or intensity of a fire or explosion;
(c) A building is vacant, unguarded, and open to unauthorized entry;
(d) An accumulation of combustible dust, debris, or materials is present;
(e) Required exits or fire protection are in non-working condition or not present;
(f) Objects are placed or installed so as to interfere with exits or exit routes;
(g) Combustible materials or items are in dangerous proximity to an ignition source such as a stove, fireplace, or heater;
(h) Electrical or mechanical systems or installations create a hazardous condition; or
(i) Operations, conditions, processes, use, or materials being used fail to afford adequate safety to the public.
(2) If the State Fire Marshal or local Fire Chief determines that a distinct fire hazard exists, the fire hazard shall be remedied so as to render the property safe.
(3) The State Fire Marshal or a local Fire Chief shall use the standards established in this administrative regulation to identify and to order the correction of a distinct fire hazard acting in accordance with the procedures established in KRS Chapter 227 and this administrative regulation. In exercising authority granted, the following shall be applicable:
(a) NFPA 1, Uniform Fire Code, 2018 edition, and the NFPA referenced standards included in Chapter 2 of NFPA 1 except:
1. NFPA 403, Guide for Aircraft Rescue and Fire Fighting Operation, 2018 edition;
2. NFPA 1031, Standard for Professional Qualifications for Fire Inspectors and Plan Examiner, 2014 edition;
3. NFPA 1192, Standard on Recreational Vehicles, 2018 edition;
4. NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2018 edition;
5. NFPA 1901, Standard for Automotive Fire Apparatus, 2016 edition;
6. NFPA 1906, Standard for Wildland Fire Apparatus, 2016 edition;
7. NFPA 1925, Standard on Marine Fire-Fighting Vessels, 2013 edition;
8. NFPA 1963, Standard for Fire Hose Connections, 2014 edition;
9. NFPA 2113, Standard on Selection, Care, Use, and Maintenance of Flame-Resistant Garments for Protection of Industrial Personnel Against Short- Duration Thermal Exposures from Fire, 2015 edition;
10. NFPA 5000, Building Construction and Safety Code, 2018 edition;
11. Code reference 1.7.2. Minimum Qualifications to Enforce this Code;
12. Code reference 10.2.7. Minimum Fire Prevention Inspection Frequencies for Existing Occupancies;
13. Code reference 13.3.2.26. High Rise Buildings;
14. Code reference 13.3.2.8. Existing Assembly Occupancies; and
15. Code reference 13.6, Portable Extinguishers, which if required, shall be modified to exclude the provisions for installation of portable extinguishers in the occupancies listed in Table 13.6. Portable extinguishers shall be installed as required in the occupancy chapters of NFPA 101, Life Safety Code, 2018 edition;
(b) NFPA 101, Life Safety Code, 2018 edition, and the NFPA referenced standards included in Chapter 2 of NFPA 101 except Code reference 13.3.5;
(c) NFPA 70, National Electrical Code, 2017 edition; and
(d) 518 KAR 7:120, Kentucky Building Code.
(D) Enforcement of violations.
(1) Notice of deficiency. If Fire Chief and/or his or her designate observes an apparent violation of a provision of this administrative regulation or other codes or ordinances under local jurisdiction, Fire Chief and/or his or her designate shall prepare a written notice of deficiency. The notice of deficiency shall state the applicable code provision violated and specify the date by which the required repairs or improvements shall be completed. Pursuant to KRS 227.336, corrective action shall be ordered remedied within a period of time not to exceed sixty (60) days.
(2) Services of notice. The written notice of deficiency shall be served personally or via certified U.S. Mail upon the owner or the owner’s duly authorized agent and upon each other person responsible for the deficiency. Proof of service shall be required to perfect service.
(3) The Fire Chief and/or his or her designate shall commence enforcement action against any person who fails to correct a deficiency ordered to be remedied.
(4) Any person who shall violate any provision of this code or standard adopted herein or fails to comply therewith; or who shall violate or fail to comply with any order made thereunder; or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder; or fails to operate in accordance with any certificate or permit issued thereunder; and from which no appeal has been taken; or failed to comply with such order as affirmed or modified by a Court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $500.00 not more than $1,000.00 or by imprisonment of not more than one (1) year.
(5) In lieu of criminal prosecution, a civil fine may be assessed for any person who shall violate any provision of this code or standard adopted herein or fails to comply therewith; or who shall violate or fail to comply with any order made thereunder; or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder; or fails to operate in accordance with any certificate or permit issued thereunder; and from which no appeal has been taken; or failed to comply with such order as affirmed or modified by a Court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, as follows:
(a) First offense: $100.00
(b) Second offense: $200.00
(c) Third offense: $500.00
(d) Fourth and subsequent offenses: $1,000.00
(6) Any violator issued a third offense violation shall be subject to suspension of their business license until the offense is corrected and all fines assessed paid in full.
(E) Means of appeal.
(1) Appeals of orders issued by the Fire Chief and/or his or her designate.
(a) An appeal to the city from a notice of deficiency issued by the Division of Fire Prevention shall be:
1. In writing; and
2. Received by the City Clerk prior to the completion date specified in the notice of deficiency served.
(2) Appeal of an order to remedy. The owner of the subject property may appeal to the city within ten (10) days following receipt of the issued order.
(F) Incorporation by reference.
(1) The following material is incorporated by reference:
(a) NFPA 1, “Uniform Fire Code,” 2018 edition;
(b) NFPA 101, “Life Safety Code,” 2018 edition;
(c) NFPA 70, “National Electrical Code®,” 2018 edition;
(d) FPS 33-01, “Application for Fire Alarm Systems Certification,” May 2020; and
(e) FPS 33-02, “Renewal Application for Fire Alarm Systems Certification,” May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Metro Street, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m.
(G) An attested copy of Ord. 2005-0-018, passed 9-12-05 and Ord. 0-2009-015, passed 6-8-09, shall be transmitted to the Department of Housing, Building & Construction of the Commonwealth of Kentucky.
(Am. Ord. 2005-0-018, passed 9-12-05; Am. Ord. 0-2009-015, passed 6-8-09; Am. Ord. O-2022-07, passed 6-13-22)