§ 94.45. ADOPTION OF FIRE PREVENTION CODE.


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  • (A) Pursuant to KRS 227.320, the Kentucky Standards of Safety (Fire Prevention Code), as promulgated in Chapter 10, Title 815 of the Kentucky Administrative Regulations by the State Commissioner of the Department of Housing, Buildings and Construction, on the advice and recommendation of the State Fire Marshal, is adopted as part of the Fire Prevention Code of Louisville/Jefferson County Metro Government (Louisville Metro Government). Copies of the Code book are available through the Department of Housing, Buildings, and Construction, 101 Sea Hero Road, Suite 100, Frankfort KY 40601-5405. A copy shall be kept available for public inspection in the office of the Chief of the Division of Fire and Rescue, the Department of Inspections, Permits and Licenses, as well as each suburban Fire District location.
    (B) (1) The Louisville Division of Fire and Rescue, along with the suburban Fire Districts located within Jefferson County that have adopted Ordinance No. 75-2004, are designated as Louisville Metro Government's primary enforcement agencies for the Kentucky Standards of Safety (Fire Prevention Code), dependent upon the jurisdiction in which any subject property is located. The Fire Chief, or designee, ("Fire Chief") of the department/district shall be the enforcement authority for each jurisdiction.
    (2) By executing individual agreements, in the form of Attachment A, attached to Ordinance No. 75-2004, which shall be filed in the office of the Louisville Metro Cabinet Secretary for Public Protection, as well as the Department of Inspections, Permits and Licenses, the suburban Fire Districts stipulate that they fall within the guidelines set forth in this section with regard to primary jurisdiction within the boundaries of Louisville Metro, and their individual taxing districts for purposes of fire protection, that are located within Jefferson County, and will abide by the appeals procedures set forth within the Fire Prevention ordinances for Louisville Metro Government; provided, however: each Fire Department/District has executed a Primary Jurisdiction Agreement with the State Fire Marshal, allowing them to assume such duties from the state's jurisdiction.
    (3) Such agreement(s), as referenced in subsection (B)(2) herein, when executed, shall subject the jurisdiction to governance under the provisions of this section, without further legislative action. The agreement(s) shall be effective from date of execution until June 30 of the current fiscal year of Louisville Metro Government, and shall automatically renew, unless written notice of intent not to renew is filed within 30 days of the expiration of said agreement by either party. Notice shall be filed with the Louisville Metro Cabinet Secretary for Public Protection, and copied to the Louisville Metro Mayor.
    (C) (1) The Fire Chief is hereby authorized to enter into agreements with the Commonwealth of Kentucky, Department of Building, Housing and Construction, pursuant to KRS 15.605 through 15.630 to establish jurisdictional parameters and to avoid duplicative standards.
    (2) Subject to any modification by agreement as described in subsection (C)(1) above, the Fire Chief shall assume primary jurisdiction for the inspection and enforcement of the Kentucky Fire Prevention Code for all property located within the geographical boundaries of the urban services district, or suburban fire protection district, whichever is applicable, with the following exceptions:
    (a) All facilities required to be licensed by the Kentucky Department of Human Resources;
    (b) All state-owned property;
    (c) Jails or other penal institutions regulated by the Kentucky Corrections Cabinet pursuant to KRS 441.005 and 441.055;
    (d) Property owned by the Jefferson County Public Schools;
    (e) All non-public (i.e., private or parochial) school facilities;
    (f) Provisions of the Kentucky Standards of Safety (Fire Prevention Code) relating to elevators;
    (g) Such other property jurisdictions of which may be transferred in writing to the jurisdiction of the State Fire Marshal.
    (3) The State Fire Marshal shall have primary enforcement jurisdiction of all property excepted from primary jurisdiction for the urban services district and fire protection districts, as set forth in this section.
    (D) Pursuant to KRS 227.230, the Fire Chief, and such other members of the fire departments and suburban fire protection districts as are necessary, may be deemed deputy state fire marshals by the State Fire Marshal, as set forth within the statute.
    (E) Saving clause. Nothing in this subchapter or the Kentucky Standards of Safety (Fire Prevention Code) hereby adopted shall be construed to affect any suit or proceeding pending in any court or before any administrative agency, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any ordinance hereby repealed; nor shall any just or legal remedy of any character be lost, impaired or affected by this section.
    (F) No liability. Nothing in this subchapter is intended to create any duties on behalf of Louisville Metro Government, 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 Louisville Metro Government, its officers, agents, or employees, for liability as a result of a violation of this section.
    (Lou. Metro Ord. No. 75-2004, approved 6-17-2004)