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227.331 Violation of administrative regulations or orders -- Administrative
fines -- Enforcement actions.
(1)
(2)
(3)
(4)
Any person who willfully violates any administrative regulation, emergency
order, or final order of the state fire marshal shall be subject to suspension or
revocation of certificate of authority, occupancy, or other license or permit, or
administrative fine not exceeding one thousand dollars ($1,000) in lieu of
suspension or revocation, for violation of the provision to which the
administrative regulation or order relates, after notice and hearing in
accordance with KRS Chapter 13B.
It shall be the duty of the state fire marshal, or upon the commissioner's
request, of the Attorney General, to bring an action to enforce any proper order
made or action taken by the state fire marshal or on his or her authority, or for
the recovery of the penalties provided in subsection (1) of this section, and to
bring an action for a restraining order or for a temporary or permanent
injunction, as the state fire marshal deems necessary for the prevention or
correction of a condition constituting or threatening to constitute a violation of
this chapter or administrative regulations promulgated thereunder. In any
action for a restraining order or for a temporary or permanent injunction,
allegations in a verified complaint or affidavit by the state fire marshal deputy or
employee that the respondent is in violation of specified fire prevention and
protection laws or administrative regulations and the violation or violations
present such hazard to human life or limb that the public safety imperatively
requires emergency action shall be sufficient under Rule 65 of the Kentucky
Rules of Civil Procedure to show that the applicant's rights are being or will be
violated and that he or she will suffer immediate and irreparable injury, loss, or
damage before notice can be served and a hearing had thereon or pending a
final judgment in the action.
All actions for enforcement, recovery of administrative fines, and injunctive
relief for violations of this chapter shall be brought in the name of the
Commonwealth of Kentucky by the state fire marshal, or upon the
commissioner's request by the Attorney General, in the Circuit Court within
which the property involved is located.
If the state fire marshal has reason to believe that any person has violated any
provision of this chapter, for which criminal penalties are provided and in his or
her opinion prosecution would be in order, he or she shall give the information
relative thereto to the appropriate county attorney, Commonwealth's attorney,
or to the Attorney General. The county attorney, Commonwealth's attorney, or
Attorney General shall promptly institute any action or proceedings against the
person as in his or her opinion the information may require or justify.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 398, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 318, sec. 141, effective July 15, 1996. -- Created
1978 Ky. Acts ch. 305, sec. 17, effective June 17, 1978.
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