KRS 227.300: Standards of safety -- Conformance with Uniform State Building

Code -- Publication of guidelines -- Participation in drafting standards by

institutions offering infant and preschool care -- Supplemental

regulations on temporary change of use.

(1) The commissioner shall promulgate reasonable administrative 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.

(2) In making such administrative 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.

(3) 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 time and place of any

meetings conducted by authorized employees of the department for the

purpose of drafting such standards.

(4) 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.

(5) 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.

(6) Any standards of safety or other regulations promulgated under this section

shall be subject to the requirements of KRS 198B.030(8).