(A) Enforcement of Fire Prevention Code.
(1) The Versailles Fire Department is hereby designated as the city's primary enforcement agency for the Kentucky Standards of Safety (Fire Prevention Code). The Fire Chief, Assistant Fire Chief or their designated fire inspector shall be the enforcement authority for the City of Versailles.
(2) Subject to any modification by agreement pursuant to KRS 15.605 through 15.630, the Fire Chief shall assume primary jurisdiction for the inspection and enforcement of the State's Fire Prevention Code for all property located within the geographical boundaries of the City of Versailles, with the following exceptions:
(a) All healthcare facilities and other facilities licensed by the State's Cabinet for Health and Family Services;
(b) All state-owned property; and
(c) Such other property, jurisdictions of which may be transferred in writing to the jurisdiction of the State's Fire Marshal.
(3) The State's Fire Marshal shall have primary enforcement jurisdiction of all property excepted from primary jurisdiction for the City of Versailles.
(4) Pursuant to KRS 227.230, the Fire Chief, and such other members of the Fire Department as are necessary, may be deemed "Deputy State Fire Marshals" by the State's Fire Marshal as set forth within the statute.
(5) Nothing in this section is intended to create any duties on behalf of the City of Versailles, or its officers, agents, or employees, to any third party; nor is there any intent, implied or otherwise, to expand or create any causes of action against the City of Versailles, its officers, agents or employees, for liability as a result of a violation of this chapter.
(B) Inspection of buildings generally.
(1) The Fire Chief, or their designee, may inspect or cause to be inspected, as often as may be necessary, all buildings, premises, and public thoroughfares, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinances of the city effecting the fire hazard.
(2) The Fire Chief, or their designee, may at all reasonable hours enter any building other than a one or two-family residence or premises within the city for the purpose of making an inspection or investigation which, under the provisions of this chapter, they may deem necessary to be made.
(3) Whenever any of said inspectors shall find any building or other structures which, for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus of fire extinguishing equipment or by reason of age or dilapidated condition, or from another cause, is especially liable to fire, and which is so situated as to endanger other property or the occupant thereof, they shall order such dangerous conditions or materials to be removed or remedied and such order shall forthwith be complied with by the owner or occupant of such premises or building.
(4) Whenever any inspector shall find in any building, or upon any premises or other place, combustible or explosive matter or dangerous accumulations of wastepaper, boxes, shavings or any highly inflammable materials especially liable to fire, and which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passage ways, doors, or windows liable to interfere with the operation of the Fire Department or progress of occupants, in case of fire, they shall order same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or building.
(5) Whenever it may be necessary to serve such an order upon the owner or occupant of the premises, such order may be served by hand delivering to and leaving with the said person a copy of the said order, or if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's known post office, by certified letter.
(6) The Fire Department is authorized to impose fees for fire inspections and the fee schedule set forth in KRS 227.336 is hereby adopted and incorporated by reference. All fees shall be due and payable 30 days from the date of invoice.
(7) If such order is made by a fire inspector, such owner or occupant may within 24 hours appeal to the Fire Chief, who shall, within two days, review such order and file their decision thereon, and unless by their authority the order is revoked or modified it shall remain in full force and be complied with within the time fixed in said order or decision of the Fire Chief.
(8) Any owner or occupant failing to comply with such order within the time set out in the inspector's order, such time not to exceed 48 hours, shall be liable for such penalties as may be contained in the order, which penalty shall be established by the inspector based upon the severity of the violation not to exceed two hundred fifty dollars ($250.00) per day.
(C) Remedies.
(1) If any owner of property against which an order has been issued under division (B) fails to comply with it after the time for appeal has expired or as modified on appeal to the Fire Chief, fails to comply with the order, the Fire Chief or their designated representative 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.
(2) The repair or removal shall be accomplished by the city under the direction of the Fire Chief or their designated representative and the city shall have a lien on the real estate or property involved for the expenses of the labor, materials and equipment furnished for the repair or removal of the fire hazard conditions.
(3) Upon demand by the city to the property owner for the expenses it incurred in repairing or removing the fire hazard and refusal of payment by the property owner, the city shall file an action in the Woodford Circuit Court against the property owner to enforce its lien for the repairs or removal expenses pursuant to KRS 426.005 and other applicable statutes.
(Ord. 2023-11, passed 6-20-23)