815 Ky. Admin. Regs. 10:060

Current through Register Vol. 51, No. 6, December 1, 2024

Section 815 KAR 10:060 - Standards of Safety

RELATES TO: KRS 198B.050, 227.300, 227.331, 227.715, 227.990, 234.140

NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.300(1) requires the commissioner to promulgate an administrative regulation establishing the Kentucky Standards of Safety, which shall provide a reasonable degree of safety for human life against the exigencies of fire and panic and insuring as far as practicable against fire loss. This administrative regulation establishes the Kentucky Standards of Safety to supplement the Kentucky Building Code, 815 KAR 7:120, in matters of fire safety.

Section 1. Definitions.

(1) "Accepted" means that all deficiencies communicated, in writing, to the owner have been corrected to the satisfaction of the inspecting authority.

(2) "Distinct fire hazard":

(a) Means a condition that poses a threat to life or property, including a condition likely to inhibit escape from danger of fire or explosion; and

(b) Does not mean a condition in which the methods of construction met the uniform state building code requirements, as applicable, at the time of construction.

(3) "Fire protection sprinkler system" is defined by KRS 198B.550(6).

(4) "NFPA" means the National Fire Protection Association.

(5) "NICET" means the National Institute for Certification of Engineering Technologies.

(6) "Unsafe Building" means a building characterized by:

(a) Deficiency in means of egress;

(b) Danger to human life or public welfare by reason of illegal or improper use, occupancy, or maintenance;

(c) Non-compliance with the construction codes in place at time of construction;

(d) Significant damage including as the result of:

1. Fire;

2. Explosion;

3. Natural disaster;

4. Neglect; or

5. Vandalism;

(e) Falling away, hanging loose, or loosening of siding, block, or other building material, appurtenance, or part thereof; or

(f) Existence of structurally unsafe conditions.

Section 2. Scope.

(1) Applicability. This administrative regulation shall apply to all buildings except one (1) and two (2) family dwellings.

(2) Enforcement.

(a) State Fire Marshal. The State Fire Marshal shall:

1. Have primary jurisdiction over all property, unless a local government has established a fire inspection program by ordinance adopting this administrative regulation pursuant to KRS 227.320; and

2. Have exclusive jurisdiction over state-owned property and facilities licensed by the Kentucky Cabinet for Health and Family Services. A local fire chief may request authority for the inspection and enforcement responsibilities of licensed facilities from the State Fire Marshal.

(b) Local fire chief. Jurisdictions wherein a local fire chief is designated by ordinance to operate a fire inspection program pursuant to KRS 227.320 shall have primary jurisdiction for the enforcement of all property within the local governmental boundary except as established in subparagraph (a)2. of this subsection.

Section 3. Existing Buildings and Conditions.

(1) The standards for the construction pursuant to 815 KAR 7:120, Kentucky Building Code, in effect at the time of construction, and for which there has been issued a lawful certificate of occupancy, shall supersede different construction standards regarding the requirements for egress facilities, fire protection, and built-in fire protection equipment established in this administrative regulation or conflicting local ordinances.

(2) Change of use. It shall be unlawful to make a change in the use of a building or portion thereof without project plan review and approval in accordance with 815 KAR 7:120, Kentucky Building Code, except as established in Chapter 34 therein.

(3) Buildings and conditions approved under other codes.

(a) Buildings constructed prior to promulgation of the uniform state building code. A building, or portion thereof, which was constructed and approved prior to the effective date of the uniform state building code shall be maintained as constructed and approved.

(b) Previous fire code. A building, or portion thereof, which was inspected, approved, or accepted pursuant to a previously adopted fire code shall:

1. Be maintained as previously approved or accepted; and

2. Not be required to make a modification or change for so long as the building is maintained and used as previously accepted or approved.

(c) Buildings not occupied or used for one (1) year or more. Prior to occupancy, a building shall be inspected by the State Fire Marshal or a designee to ensure that the structure is neither a distinct fire hazard nor an unsafe structure.

(4) Distinct Fire Hazards.

(a) A building shall be deemed a distinct fire hazard if the authority having jurisdiction determines:

1. A fire, explosion, or asphyxiation is likely to occur;

2. Conditions might provide a ready fuel supply to augment the spread or intensity of a fire or explosion;

3. A building is vacant, unguarded, and open to unauthorized entry;

4. An accumulation of combustible dust, debris, or materials is present;

5. Required exits or fire protection are in non-working condition or not present;

6. Objects are placed or installed so as to interfere with exits or exit routes;

7. Combustible materials or items are in dangerous proximity to an ignition source such as a stove, fireplace, or heater;

8. Electrical or mechanical systems or installations create a hazardous condition; or

9. Operations, conditions, processes, use, or materials being used fail to afford adequate safety to the public.

(b) 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.

(c) 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:

1. NFPA 1, Uniform Fire Code, 2018 edition, and the NFPA referenced standards included in Chapter 2 of NFPA 1 except:

a. NFPA 403, Guide for Aircraft Rescue and Fire Fighting Operation, 2018 edition;

b. NFPA 1031, Standard for Professional Qualifications for Fire Inspectors and Plan Examiner, 2014 edition;

c. NFPA 1192, Standard on Recreational Vehicles, 2018 edition;

d. NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2018 edition;

e. NFPA 1901, Standard for Automotive Fire Apparatus, 2016 edition;

f. NFPA 1906, Standard for Wildland Fire Apparatus, 2016 edition;

g. NFPA 1925, Standard on Marine Fire-Fighting Vessels, 2013 edition;

h. NFPA 1963, Standard for Fire Hose Connections, 2014 edition;

i. 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;

j. NFPA 5000, Building Construction and Safety Code, 2018, edition;

k. Code reference 1.7.2, Minimum Qualifications to Enforce this Code;

l. Code reference 10.2.7, Minimum Fire Prevention Inspection Frequencies for Existing Occupancies;

m. Code reference 13.3.2.26, High Rise Buildings;

n. Code reference 13.3.2.8, Existing Assembly Occupancies; and

o. 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;

2. 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;

3. For sites at which consumer fireworks are offered for sale, NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition;

4. NFPA 70, National Electrical Code, 2017 Edition; and

5.815 KAR 7:120, Kentucky Building Code.

(d) Modifications, alternatives, and interpretations. If the State Fire Marshal accepts or approves an alternative to a code provision or issues an interpretation and the alternative or interpretation is of general applicability, it shall be published and forwarded to all known fire inspectors and other persons requesting a copy.

(5) Abatement of fire hazards. The abatement of a distinct fire hazard pursuant to this administrative regulation shall not require construction measures that would exceed the requirements of the current edition of 815 KAR 7:120, Kentucky Building Code, if the building were being newly constructed.

(6) Maintenance of equipment.

(a) All fire suppression and fire protection equipment, systems, devices, and safeguards shall be maintained in accordance with the applicable NFPA referenced code and the manufacturer's recommendations.

(b) This administrative regulation shall not be the basis for removal or abrogation of a fire protection or safety system or device installed in a building without approval granted by the authority having jurisdiction.

(7) Cooperation with building official. The State Fire Marshal and the local fire chief shall coordinate and cooperate with the building code official having jurisdiction in assessing a building for relative fire safety and to assure that the proper standards are applied.

Section 4. Permits.

(1) State permits required. A permit shall be required from the State Fire Marshal for flammable, combustible, or hazardous material storage vessel installations.

(2) Local permits allowed.

(a) A permit from a local government shall not be required unless required by local ordinance.

(b) An inspection or permit fee, if applicable, shall be established within the local government adopting legislation.

Section 5. Enforcement of Violations.

(1) Notice of deficiency. If the State Fire Marshal or local fire chief observes an apparent violation of a provision of this administrative regulation or other codes or ordinances under state or local jurisdiction, the State Fire Marshal or local fire chief 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 State Fire Marshal shall commence enforcement action authorized in KRS 227.331 against any person who fails to correct a deficiency ordered to be remedied.

Section 6. Means of Appeal.

(1) Appeals of orders issued by the State Fire Marshal.

(a) An appeal to the State Fire Marshal from a notice of deficiency issued by the Division of Fire Prevention shall be:

1. In writing; and

2. Received by the Division of Fire Prevention, State Fire Marshal prior to the completion date specified in the notice of deficiency served.

(b) If the matter is not resolved by agreement of the affected parties and the State Fire Marshal, legal action shall be instituted pursuant to KRS Chapter 227.

(2) Appeal of an order to remedy. Pursuant to KRS 227.380, the owner of the subject property may appeal to the State Fire Marshal within ten (10) days following receipt of the issued order.

Section 7. Special Provisions.

(1) Fire incident reporting. The fire chief or highest ranking fire department officer may request investigative assistance from the State Fire Marshal.

(2) Fire protection systems testing and inspection.

(a) Reporting. Except as established in paragraph (c) of this subsection, an inspection or test required by this administrative regulation, Chapter 11, 13, or 20 of the NFPA 1, Uniform Fire Code shall be conducted and reported to the owner by a person authorized or certified by the department.

(b) Inspection and test reports.

1. A required inspection or test shall be recorded on the applicable form contained in NFPA 25 or NFPA 72.

2. The completed report shall be given to the owner and a copy shall be forwarded to the local fire chief or highest ranking fire department officer within ten (10) working days of the date of the inspection.

(c) Reporting exceptions.

1. Portable fire extinguishers and single station smoke detectors may be inspected and tested by the property owner or the property owner's agent.

2. Allowable reports by owners and owner agents shall not be required to be filed with the State Fire Marshal, but shall be kept on file within the building and available for review upon request by the State Fire Marshal.

a. Electric single station and electric multiple station smoke alarms shall be tested monthly. A log of the test shall be kept on site for review by the fire code official.

b. Battery powered smoke alarms shall be tested weekly. A log of the test results shall be kept on site for review by the fire code official.

c. Portable fire extinguishers shall be visually inspected monthly to ensure proper charge, accessibility, and that the extinguisher hose is free of obstruction.

(d) Frequency. Periodic testing and inspection of each fire suppression and each alarm system shall be performed as established in subparagraphs 1. through 3. of this paragraph.

1. Fire detection and alarm systems and all fire suppression systems in buildings other than state licensed hospitals, nursing homes, and ambulatory surgical centers shall be inspected and tested for proper operation annually.

2. Fire detection and alarm systems and all fire suppression systems in state licensed hospitals, nursing homes, and ambulatory surgical centers shall be inspected and tested quarterly by a Kentucky certified inspector for sprinkler systems and fire alarms, respectively.

3. Systems or components for which the manufacturer recommends more frequent checks shall be performed as described by the manufacturer's instructions.

(e) Inspectors.

1. Fire alarm inspectors shall apply to be certified by the department on a Form FPS 33-01, Application for Fire Alarm Systems Certification, and shall:

a.

(i) Be qualified as NICET level two (2), level three (3), or level four (4) in fire alarm systems; or

(ii) Pass the examination for alarm inspector administered by an examination provider approved by the department;

b. Have had at least eighteen (18) months of experience in installation, repair, testing, or a combination thereof during the five (5) year period immediately preceding application;

c. Pay an annual certification fee of fifty (50) dollars for each classification applied for; and

d. Submit a passport-sized color photograph with the application.

2. For renewals of fire alarm inspector certification, an applicant shall:

a. Submit a completed Form FPS 33-02, Renewal Application for Fire Alarm Systems Certification, May 2020;

b. Pay an annual certification renewal fee of fifty (50) dollars for each classification held;

c. Submit a passport-sized color photograph with the renewal application; and

d. Provide proof of:

(i) Six (6) hours of continuing education from an approved provider obtained in the twelve (12) months prior to renewal; or

(ii) Current NICET certification.

3. Penalties. An applicant shall be subject to penalties established in KRS 227.990 and may be denied certification or renewal for:

a. Failure of a certified fire alarm inspector to conduct an inspection in accordance with the NFPA 72 standard;

b. Submission of false inspection reports;

c. Performing inspections without first having been certified by the department as a fire alarm inspector; or

d. Making a false or misleading statement on an application for certification or renewal.

Section 8. 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 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition;

(d) NFPA 70, "National Electrical Code,®", 2017 edition;

(e) FPS 33-01, "Application for Fire Alarm Systems Inspector Certification", April 2023; and

(f) FPS 33-02, "Renewal Application for Fire Alarm Systems Inspector Certification", April 2023.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.

815 KAR 10:060

25 Ky.R. 2482; Am. 2900; eff. 5-26-99; 29 Ky.R. 566; 961; eff. 10-16-2002; 30 Ky.R. 2385; 31 Ky.R. 81; eff. 8-6-04; 32 Ky.R. 2352; 33 Ky.R. 395; eff. 9-1-06; 33 Ky.R. 395; 3255; 4169; eff. 7-6-07; 34 Ky.R. 1229; 1741; eff. 2-1-2008; 35 Ky.R. 2364; 36 Ky.R. 77; 1857; eff. 7-29-2009; 39 Ky.R. 1066; eff. 3-8-2013; TAm eff. 5-29-2020; 48 Ky.R. 623; 1766; eff. 3-1-2022; 48 Ky.R. 3060; 49 Ky.R. 620; eff. 11/15/2022; 49 Ky.R. 2145; 50 Ky.R. 673; eff.9/26/2023.

STATUTORY AUTHORITY: KRS 227.300(1), (2)