2011 Kentucky Revised Statutes CHAPTER 227 FIRE PREVENTION AND PROTECTION 227.300 Standards of safety -- Conformance with Uniform State Building Code -- Publication of guidelines -- Supplemental regulations on temporary change of use.
KY Rev Stat § 227.300 (1996 through Reg Sess) What's This?
227.300 Standards of safety -- Conformance with Uniform State Building Code -Publication of guidelines -- Supplemental regulations on temporary change of
use.
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The commissioner shall promulgate reasonable rules and regulations based on good
engineering practice and principles as embodied in recognized standards of fire
prevention and protection, providing for a reasonable degree of safety for human
life against the exigencies of fire and panic, and insuring as far as is practicable
against fire loss. Such rules and regulations shall be known as the standards of
safety. After promulgation of the Uniform State Building Code, no part of the
standards of safety shall establish, in whole or in part, any building code other than
the Uniform State Building Code, but the commissioner may supplement the
Uniform State Building Code with fire safety regulations designed to operate in
conjunction with the code.
In making such rules and regulations the commissioner shall establish minimum fire
prevention and protection requirements, including but not limited to requirements
for design, construction, installation, operation, storage, handling, maintenance, or
use of the following: structural requirements for the various types of construction;
building restrictions within congested districts; exit facilities from structures; fire
alarm systems and fire extinguishing systems; fire emergency drills; maximum
occupancy loads and other requirements for buildings of public assembly; flue and
chimney construction; heating devices; boilers and pressure vessels; electrical
wiring and equipment; air conditioning, ventilating and other duct systems;
refrigeration systems; flammable liquids, oil and gas wells; garages, repair, and
service shops; application of flammable finishes, acetylene, liquefied petroleum gas,
and similar products; calcium carbide and acetylene generators; dry cleaning and
dyeing plants; flammable motion picture film; combustible fibers; airports and
airport buildings; hazardous chemicals; rubbish; open flame devices; parking of
vehicles; dust explosions; lightning protection; and other special fire hazards.
For the purpose of integrating the need for safety from hazards of fire with the other
safety needs of infants or preschool children under institutional care, the
commissioner shall allow persons who own, manage, or are employed by
institutions which provide care or education for infants or preschool children to
participate in drafting the standards of safety as they apply to such institutions. Such
participation shall be by representation of professional associations relating to infant
and preschool care, and by representation from other individuals licensed to provide
infant and preschool care, on a committee chaired by the state fire marshal or his or
her designate. Such participation shall occur prior to the publication of proposed
regulations in the administrative register pursuant to KRS 13A.050 but shall not
limit any individual's right to use those procedures set forth in KRS Chapter 13A
concerning comment on or protest of proposed regulations. All professional
associations relating to infant and preschool care shall be notified by the
commissioner when the drafting of standards of safety relating to such institutions is
commenced and all such professional associations shall be regularly notified of the
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time and place of any meetings conducted by authorized employees of the
department for the purpose of drafting such standards.
The commissioner shall publish guidelines relating to the standards of safety as they
apply to day care and preschool child care centers and nurseries which shall indicate
the items inspectors from the Division of Fire Prevention will be looking for when
they conduct inspections pursuant to the standards of safety. Such guidelines shall
be made available to persons who own, operate, or manage such centers or nurseries
and shall be designed to enable said persons to anticipate and comply with the
requirements of the standards of safety.
The commissioner shall issue supplemental regulations addressing the temporary
change of use in buildings as authorized by KRS Chapter 198B. These regulations
shall establish specific standards for such use and shall be designed to operate in
conjunction with the Kentucky Building Code.
Any standards of safety or other regulations promulgated under this section shall be
subject to the requirements of KRS 198B.030(8) and (9) and 198B.040(11).
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 15, effective June 8, 2011. -- Amended
2010 Ky. Acts ch. 24, sec. 394, effective July 15, 2010. -- Amended 2006 Ky. Acts
ch. 256, sec. 4, effective July 12, 2006. -- Amended 1984 Ky. Acts ch. 163, sec. 2,
effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 117, sec. 38, effective July 1,
1978; ch. 155, sec. 125, effective June 17, 1978; and ch. 305, sec. 10, effective June
17, 1978. -- Amended 1976 Ky. Acts ch. 295, sec. 1; and ch. 296, sec. 1. -- Created
1954 Ky. Acts ch. 201, sec. 11.
Legislative Research Commission Note (7/15/2010). A reference in subsection (4) of
this section as amended by 2010 Ky. Acts ch. 24, sec. 394, to "Division of Fire
Protection" has been changed in codification to "Division of Fire Prevention" to
conform with the listing of divisions within the Department of Housing, Buildings
and Construction contained in KRS 227.205 as amended by 2010 Ky. Acts ch. 24,
sec. 390.
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