815 KAR 10:060. Kentucky standards of safety.

815 KAR 10:060. Kentucky standards of safety.

RELATES TO: KRS 198B.060, 198B.062, 198B.070, 198B.080, 198B.090, 198B.110, 198B.120, 198B.130, 227.300, 227.320, 227.330, 227.990

STATUTORY AUTHORITY: KRS 227.300(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.300(1) requires the executive director 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 against fire loss. EO 2008-507, effective June 16, 2008, reorganized the Office of Housing, Buildings and Construction, and established the commissioner, rather than executive director, as the head of the department. This administrative regulation establishes the Kentucky Standards of Safety and supplements the Kentucky Building Code, promulgated as 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 satisfactorily corrected.

(2) "Distinct fire hazard" means a condition that poses a threat to life or property, including a condition likely to unreasonably inhibit escape from danger of fire or explosion, because the property, or the practice or method of construction or operation, condition, or processes or materials being used do not afford adequate protection, since:

(a) A fire, explosion, or asphyxiation is likely to occur; or

(b) It may provide a ready fuel supply to augment the spread or intensity of a fire or explosion.

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

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

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

(2) Enforcement. This administrative regulation shall be enforced as follows:

(a) State Fire Marshal. The State Fire Marshal shall 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; or

(b) Local fire chief.

1. Except as provided in subparagraph 2 of this paragraph, the local official 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.

2. The State Fire Marshal shall have exclusive jurisdiction over state-owned property and primary jurisdiction for code compliance for health care facilities and other facilities licensed by the Kentucky Cabinet for Health and Family Services.

Section 3. Existing Buildings and Conditions. (1) Buildings and conditions approved in accordance with the Kentucky Building Code, which is incorporated by reference in 815 KAR 7:120, shall apply as provided in this subsection:

(a) Minimum or maximum standard.

1. The standards for the construction of a building constructed pursuant to the 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. Methods of construction that meet the requirements of the Kentucky Building Code shall not be deemed a distinct fire hazard.

(b) New construction.

1. The design and construction of a new building to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the Kentucky Building Code.

2. An alteration, addition, or change to the structure that is within the scope of the building code shall be made in accordance with the applicable code.

(c) Change of use. It shall be unlawful to make a change in the use of a building or portion thereof that has the potential to create a greater hazard to the public because of increased structural or fire loading, or inadequate exits for the number of occupants, without prior approval from the authority determined under Section 2 of this administrative regulation.

(2) Buildings and conditions approved under other codes.

(a)1. Pre-KBC buildings. A building, facility, or portion thereof, which was constructed and approved prior to the effective dates of the Kentucky Building Code and this administrative regulation, shall be maintained as previously permitted.

2. A change to the construction of the building in excess of that required by the codes at the time of construction shall not be required if the building is used and maintained as originally approved.

(b) Previous fire code. A building, facility, or portion thereof, which was inspected and approved or accepted pursuant to the 1996 Kentucky Fire Prevention Code shall:

1. Be maintained as previously approved or accepted; and

2. Not be required to make a modification or change if it is maintained and used as previously accepted or approved.

(3) Hazardous materials, conditions, and buildings.

(a) 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 reasonably safe.

(b) The State Fire Marshal shall use the standards specified in this paragraph to identify and to order the correction of a distinct fire hazard and shall act in accordance with the procedures established in KRS Chapter 227 and Section 5 of this administrative regulation. The following shall be applicable, except those specifically-excluded codes and references:

1. NFPA 1, Uniform Fire Code, 2006 edition, and the NFPA referenced standards included in NFPA 1. The following codes and references shall be excluded from NFPA 1 for purposes of this administrative regulation:

a. NFPA 70, National Electric Code®, 2005 Edition;

b. NFPA 402, Guide for Aircraft Rescue and Fire Fighting Operation, 2002 edition;

c. NFPA 472, Standard for Professional Competence of Responders to Hazardous Materials Incidents, 2002 edition;

d. NFPA 1031, Standard for Profession Qualifications for Fire Inspectors and Plan Examiner, 2003 edition;

e. NFPA 5000, Building Construction and Safety Code, 2006, edition;

f. Code reference 13.3.2.24.2, High Rise Buildings;

g. Code reference 13.3.2.6.1, Existing Assembly Occupancies; and

h. Code reference 13.6.1.2, Portable Extinguishers, which if required, shall be modified to exclude the provisions for installation of portable extinguishers in the occupancies listed in Table 13.6.1.2. Portable extinguishers shall be installed as required in the occupancy chapters of NFPA 101, Life Safety Code, 2006 Edition;

2. NFPA 101, Life Safety Code, 2006 edition, and the NFPA referenced standards included in NFPA 101. The following codes and references shall be excluded from NFPA 101 for purposes of this administrative regulation:

a. NFPA 70, National Electrical Code®, 2005 Edition;

b. NFPA 5000, Building Construction and Safety Code, 2006 edition; and

c. Code reference 13.3.5.1, Extinguishment Requirements;

3. NFPA 70, National Electrical Code®, 2008 Edition;

4. The Kentucky Building Code, which shall apply to a new building and to an alteration, addition, or change of use in accordance with subsection (1) of this section;

5. Superseding provisions. If a provision of this administrative regulation establishes regulatory criteria different from the criteria established in a code specified in subparagraph 1 or 2 of this paragraph, the provisions of this administrative regulation shall supersede any provision incorporated by reference;

6. 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 copies; and

7. A condition, equipment, building, facility or portion thereof, or an alternative designed to comply with the intent of a code provision that has been accepted or approved in accordance with subsection (2) of this section shall not be considered a distinct fire hazard if it is maintained and used as accepted or approved.

(4) 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 the Kentucky Building Code if the building were being newly constructed.

(5) Maintenance of equipment.

(a) All fire suppression and fire protection equipment, systems, devices, and safeguards shall be maintained in good working order.

(b) This administrative regulation shall not be the basis for removal or abrogation of a fire protection or safety system or device that exists in a building or facility.

(6) 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 the following types of installations:

(a) Elevator installations and alterations;

(b) Boiler Installations and alterations; and

(2) Local permits allowed.

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

(b) An inspection or permit fee, if applicable, shall be stipulated in the local 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 and the standards incorporated herein 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, citing the applicable code provision and specifying a time period in which the required repairs or improvements shall be completed.

(2) Service of notice. The written notice of deficiency shall be served upon the owner or the owner's duly authorized agent and upon each other person responsible for the deficiency.

(3) Failure to correct deficiency.

(a) Except if an appeal is in process pursuant to Section 6 of this administrative regulation, each deficiency shall be considered a violation.

(b) If a correction required in the notice of deficiency is not completed within the time specified, the appropriate legal proceedings to compel compliance shall be requested by the authority having jurisdiction.

Section 6. Means of Appeal. (1) State Fire Marshal appeals.

(a) An appeal to the State Fire Marshal from a notice of deficiency issued by an employee or deputy of the State Fire Marshal shall be in writing and shall be requested prior to the completion date required by the notice.

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

(2) Local appeals. If a local government adopts an ordinance for the enforcement of this administrative regulation, the appeal from a decision of the local fire chief shall be to the person or entity as provided by the ordinance.

Section 7. Temporary Occupancies. A change in use, subject to Section 3(1)(c) of this administrative regulation, shall not be prohibited if the building is being used for temporary purposes, in accordance with the requirements of this section.

(1) Time limit. The use of the building shall not exceed a total of thirty (30) days in a calendar year.

(2) Prior notice. The owner of the property shall notify the State Fire Marshal or local fire chief, in writing, of the proposed new use, stating the nature of the use of the building and the precise dates and times the building is to be occupied.

(3) Inspection. In the notification, the owner shall consent to inspection and an opportunity for the inspection of the building shall be afforded to the State Fire Marshal or local fire chief upon request.

(4) Safety requirements. The property owner shall be responsible for maintaining the fire safety of the building and shall comply with the applicable provisions of this administrative regulation for the proposed use, as required by the State Fire Marshal or local fire chief.

Section 8. Special Provisions. (1) Passenger elevator incidents.

(a) Notification of Chief Elevator Inspector. The owner of the building shall immediately notify the Chief Elevator Inspector of every incident involving personal injury, persons rescued from a stalled elevator by emergency or maintenance personnel, or damage to the apparatus on, about, or in connection with a passenger elevator and shall afford the Chief Elevator Inspector every facility for investigating the incident.

(b) Discontinued use of elevator. If an incident involves the failure, breakage, damage, or destruction of a part of the apparatus or mechanism, it shall be unlawful to use the device until after an examination by the Chief Elevator Inspector is made and approval of the equipment for continued use has been granted.

(c) Removal of damaged parts. If an incident involves personal injury or damage to the apparatus, it shall be unlawful to remove a part of the damaged construction or operating mechanism of the elevator or other equipment from the premises until permission has been granted by the Chief Elevator Inspector.

(2) Fire incident reporting. The fire chief or highest ranking fire department officer shall promptly notify the State Fire Marshal upon becoming aware of any of the following:

(a) A hazardous materials incident;

(b) Fire-related fatality (including a vehicle or home);

(d) A fire involving major structural damage in the following buildings:

1. An institutional, educational, state-owned or state-leased, or high-hazard occupancy;

2. A business, mercantile, or industrial occupancy having a capacity over 100 persons;

3. An assembly occupancy having a capacity over 100 persons;

4. A place of religious worship with a capacity over 400 persons and more than 6,000 square feet; or

5. Any other building more than three (3) stories in height or 20,000 square feet of floor area.

(3) Fire protection systems testing and inspection.

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

(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 and approved by the State Fire Marshal.

2. If any violations are noted, the appropriate forms shall be forwarded to the State Fire Marshal within ten (10) working days of the date of the inspection.

1. A portable fire extinguisher or single station smoke detector inspection or test may be inspected and tested by the property owner and the owner's agent.

2. These reports shall not be required to be filed with the State Fire Marshal.

(d) Frequency. Periodic testing and inspection of a fire suppression or alarm system shall be performed as follows:

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; and

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 office on a Form FPS 33-01 and for renewals on Form FPS 33-02 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 approved examination provider;

b. Have had at least eighteen (18) months of experience, training, or instruction in fire alarm systems within the immediately prior five (5) year period;

c. Pay a yearly certification fee of fifty (50) dollars for each classification, which shall be valid until the inspector's birth month and renewed annually;

d. Submit a passport-sized color photograph with the application or renewal form; and

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

(ii) Provide proof of current NICET certification.

2. Penalties. A person shall not:

a. Fail to conduct an inspection in accordance with the NFPA 72 standard;

b. Submit false inspection reports;

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

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

Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) NFPA 1, "Uniform Fire Code", 2006 edition;

(b) NFPA 101, "Life Safety Code", 2006 edition;

(d) FPS 33-01, "Application for Fire Alarm Systems Certification", April 2006; and

(e) FPS 33-02, "Renewal Application for Fire Alarm Systems Certification", April 2006.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (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; TAm. 1857; eff. 7-29-2009.)