KRS § 227.330 — KY Code / Title XIX / Chapter 227 / Section 227.330
227.330 Powers of state fire marshal relating to fire hazards -- Orders -- Appeals
Status: in_force

227.330 Powers of state fire marshal relating to fire hazards -- Orders -- Appeals.

(1) Whenever the state fire marshal or any deputy state fire marshal finds that any

property is not safe as to fire loss, under the terms and conditions of this chapter and

under the administrative regulations promulgated thereunder, or that the practices or

methods of construction or operation, or processes or materials employed or used in

connection therewith do not afford adequate protection from fire loss, under this

chapter or under applicable administrative regulations, he shall order that additions,

improvements, repairs, or changes be made and equipment be provided or action be

taken that will reasonably render the property safe.

(2) Orders and notices of the state fire marshal shall be effective only when in writing

signed by him or by his authority.

(3) Every order of the fire marshal shall state its effective date and shall concisely state:

(a) The grounds or alleged violations on which based;

(b) The provisions of this chapter or the administrative regulations pursuant to

which action is so taken or proposed to be taken;

(c) The date by which the alleged violation shall be corrected or eliminated and

the correction recommended therefor; and

(d) All other matters required by law.

(4) Except as provided by KRS 227.340, an order or notice may be given by delivery to

the person to be ordered or notified or his agent or by mailing it, postage prepaid,

addressed to him at his principal place of business or residence as last of record in

the department.

(5) Before any order issued under subsection (1) of this section is enforceable, notice

and opportunity for a hearing shall be provided the owner or his agent in accordance

with KRS Chapter 13B.

(6) Whenever the state fire marshal or any deputy state fire marshal designated by him

for that purpose finds that a violation or violations of the provisions of this chapter

or any administrative regulations promulgated thereunder render any property

especially susceptible to fire loss, and there is present such hazard to human life or

limb that the public safety imperatively requires emergency action, a fire inspector

or other state fire marshal employee may be authorized in writing by the state fire

marshal to issue an emergency order pursuant to KRS 13B.125 that directs the

property to be closed to the public or vacated by its occupants until the violation is

corrected.

(7) Notwithstanding the above upon receipt of notice of an emergency order issued

under subsection (6) of this section, an owner or agent may seek a temporary

restraining order prohibiting its enforcement in the Circuit Court within whose

jurisdiction the property is located. The court shall review the emergency order and

may prohibit its enforcement.

(8) Appeals from any order issued or action taken under this section may be taken in

the manner prescribed by KRS 227.335.

(9) An order prepared by the state fire marshal's designee and approved in writing by

the state fire marshal shall be considered the state fire marshal's order.