AN ACT relating to fire protection.

UNOFFICIAL COPY 26 RS HB 565/GA
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HB056510.100 - 1810 - XXXX 3/6/2026 9:36 AM GA
AN ACT relating to fire protection. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 227.331 is amended to read as follows: 3
(1) As used in this section, "fire protection official" means the state fire marshal, fire 4
chief, fire marshal employed by a local government agency, or local appeals 5
board acting pursuant to KRS 227.325. 6
(2) Any person who willfully violates any administrative regulation, emergency order, 7
or final order of the fire protection official [state fire marshal] shall be subject to 8
suspension or revocation of certificate of authority, occupancy, or ot her license or 9
permit, or administrative fine not exceeding one thousand dollars ($1,000) in lieu of 10
suspension or revocation, for violation of the provision to which the administrative 11
regulation or order relates, after notice and hearing in accordance wi th KRS 12
Chapter 13B. 13
(3)[(2)] An action to enforce any proper order of or action taken by the fire 14
protection official or the commissioner for recovery of the penalties provided 15
under subsection (1) of this section,[It shall be the duty of the state fire ma rshal, or 16
upon the commissioner's request, of the Attorney General, to bring an action to 17
enforce any proper order made or action taken by the state fire marshal or on his or 18
her authority, or for the recovery of the penalties provided in subsection (1) of this 19
section, and to bring an action] for a restraining order , or for a temporary or 20
permanent injunction as deemed[, as the state fire marshal deems] necessary by the 21
fire protection official for the prevention or correction of a condition constituting or 22
threatening to constitute a violation of this chapter or administrative regulations 23
promulgated under this chapter shall be brought by the fire protection official or, 24
upon the commissioner's request, by the Attorney General [thereunder]. In any 25
action for a restraining order or for a temporary or permanent injunction, allegations 26
in a verified complaint or affidavit by the fire protection official or a deputy or 27
UNOFFICIAL COPY 26 RS HB 565/GA
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HB056510.100 - 1810 - XXXX 3/6/2026 9:36 AM GA
employee of the fire protection official [state fire marshal deputy or employee] that 1
the respo ndent is in violation of specified fire prevention and protection laws or 2
administrative regulations and the violation or violations present such hazard to 3
human life or limb that the public safety imperatively requires emergency action 4
shall be sufficient under Rule 65 of the Kentucky Rules of Civil Procedure to show 5
that the applicant's rights are being or will be violated and that applicant or a 6
member of the public [he or she] will suffer immediate and irreparable injury, loss, 7
or damage before notice can be served and a hearing had thereon or pending a final 8
judgment in the action. 9
(4)[(3)] All actions for enforcement, recovery of administrative fines, and injunctive 10
relief for violations of this chapter shall be brought in the name of the 11
Commonwealth of Kentucky by the fire protection official [state fire marshal,] or, 12
upon the commissioner's request , by the Attorney General [,] in the Circuit Court 13
within which the property involved is located. 14
(5)[(4)] If the fire protection official[state fire marshal] has reason to believe that any 15
person has violated any provision of this chapter [,] for which criminal penalties are 16
provided and in his or her opinion prosecution would be in order, he or she shall 17
give the related information[ relative thereto] to the appropriate county attorney, 18
Commonwealth's attorney, or to the Attorney General. The county attorney, 19
Commonwealth's attorney, or Attorney General shall promptly institute any action 20
or proceedings against the pe rson as in his or her opinion the information may 21
require or justify. 22