Kentucky HB 565: AN ACT relating to fire protection.

Bill Text

CHAPTER 47
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1
CHAPTER 47
( HB 565 )
AN ACT relating to fire protection.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 227.331 is amended to read as follows:
(1) As used in this section, "fire protection official" means the state fire marshal, fire chief, fire marshal
employed by a local government agency, 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[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.
(3)[(2)] 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,[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 deemed[, as the state fire marshal deems] 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 promulgated under this chapter shall be
brought by the fire protection official or, upon the commissioner's request, by the Attorney
General[thereunder]. 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[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 applicant or a member of the public[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.
(4)[(3)] 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[state
fire marshal,] or, upon the commissioner's request, by the Attorney General[,] in the Circuit Court within
which the property involved is located.
(5)[(4)] If the fire protection official[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 related 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.
Signed by Governor April 7, 2026.