Request By:
Honorable John Corlis
Bracken County Judge-Executive
Bracken County Courthouse
Brooksville, Kentucky 41004
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter stating that the Bracken County Fiscal Court proposes to make improvements in the courtroom of the courthouse with $12,000.00 of Area Development Fund monies. The improvements would include lowering the ceiling and installation of fluorescent lighting and new insulation. At this point we quote from paragraph two of your letter:
"Subsequent to the review by the Department of Insurance, State Fire Marshal, of this project another inspection was made by that office to see if the $12,000 project met with necessary codes and regulations of the State Fire Marshal's Office. In completing the inspection of the project, a preliminary inspection was made of the building, not only of the one room where the improvements were proposed, but of the entire courthouse. Through conversations with the State Fire Marshal's Office it is our understanding the Bracken County Fiscal Court may not proceed in awarding the $12,000.00 contract to a construction firm until the entire firehouse (sic) is brought up to standards."
Your specific question is:
"I would appreciate your office determining whether the State Fire Marshal and Department of Insurance may prohibit the $12,000.00 of construction proposed unless the building can be brought up to the standards."
It appears that there is some confusion or misunderstanding as to what has transpired in this matter. Furthermore, it seems to us that two matters are involved here: the remodeling of a building and the fire marshal's power to periodically inspect buildings with his additional authority to require (after a hearing on the matter) that the necessary changes and improvements be made.
In connection with the remodeling of the courthouse we direct your attention to the administrative regulations adopted on behalf of the State Fire Marshal's Office, specifically 806 KAR 50:015. Section 4 of that particular regulation concerns "Administration, Enforcement and Permits." Subsection (c) 2. provides that a permit or license must be obtained from the Fire Marshal for the construction or substantial remodeling of any plant or building of a class listed in subsection (3)(b) of this section "Design Responsibility - Plans and Specifications. " The above-mentioned subsection provides in part that plans and specifications in specific detail and in conformity with good architectural and engineering practices shall be submitted to the Fire Marshal's Office and approval received before construction or remodeling is started for buildings used for a place of assembly and office buildings as well as other types of buildings.
Thus, in our opinion, the regulations referred to above are broad enough to cover the substantial remodeling of a courtroom in a courthouse and a permit must be obtained from the State Fire Marshal before such remodeling work is started. The Fire Marshal's Office advises that no plans have been received for its inspection and approval in connection with the remodeling of the Bracken County Courthouse. We strongly suggest that you comply with these requirements if you, in fact, intend to proceed with the remodeling of the courthouse.
In connection with the Fire Marshal's authority to inspect buildings, see, for example, KRS 227.220(2)(b) authroizing him to supervise and make periodic inspections of all property within the state except occupied private dwellings. In addition, KRS 227.270 provides that he may at all reasonable hours of the day or night enter in or upon any property to make an inspection or investigation for the purpose of preventing fire loss or determining the origin of any fire with a limitation on that power involving the interior of private, occupied dwellings.
From records we have examined, it appears that the Fire Marshal's Office inspected the Bracken County Courthouse on October 3, 1977, and the results of that examination, inclduing a list of items to be corrected, were communicated to you by a letter dated December 21, 1977. The courthouse was again inspected by the Fire Marshal's Office on December 15, 1977, and the results of that inspection, including a list of items to be corrected, were communicated to you by a letter dated January 6, 1978. Apparently the Fire Marshal's Office is waiting for you to advise when the necessary corrections have been made in order that the courthouse building may be reinspected.
Pursuant to KRS 227.330, the Fire Marshal's Office has the authority to order that improvements, additions and changes be made when property is found not safe s to fire loss under KRS 227.200 to 227.400 and the regulations promulgated pursuant thereto. Such an order cannot be made, however, until a hearing is held as set forth in the statute. We assume the situation involving the courthouse has not yet reached this stage and that the Fire Marshal's Office is awaiting your voluntary compliance with its letters requesting remedial action.
The fact that deficiencies have been noted in the courthouse building by the Fire Marshal's Office would not, in our opinion, necessarily preclude the county from proceeding to remodel the courtroom of the courthouse, presuming, however, that the county adheres to the requirements of 806 KAR 50:015 by submitting, to the State Fire Marshal's Office for inspection and approval by that office, the plans and specifications involving the proposed remodeling project. Even if the county complies with the requirements of the regulation and obtains a permit to remodel the courtroom, the county is not relieved of its obligation to correct all the other deficiencies in the courthouse discovered by the State Fire Marshal's Office during the course of its authorized inspections.