KRS 227.331: Violation of administrative regulations or orders -- Administrative fines --

Enforcement actions.

(1) As used in this section, "fire protection official" means the state fire marshal, fire

chief, fire marshal employed by a local government ag ency, or local appeals board

acting pursuant to KRS 227.325.

(2) Any person who willfully violates any administrative regulation, emergency order,

or final order of the fire protection official 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.

(3) An action to enforce any proper order of, or action taken by, the fire protection

official or the commissioner for recovery of the penalties provided under subsection

(1) of this section, for a restrainin g order, or for a temporary or permanent

injunction as deemed necessary by the fire protection official for the prevention or

correction of a condition constituting or threatening to constitute a violation of this

chapter or administrative regulations prom ulgated under this chapter shall be

brought by the fire protection official or, upon the commissioner's request, by the

Attorney General. In any action for a restraining order or for a temporary or

permanent injunction, allegations in a verified complaint or affidavit by the fire

protection official or a deputy or employee of the fire protection official 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 applicant or a

member of the public 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.

(4) 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 fire protection official or, upon the commissioner's request, by the

Attorney General in the Circuit Court within which the property involved is located.

(5) If the fire protection official 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 related information

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 o r her

opinion the information may require or justify.