Smoke Detector Regulation for Short Term Rentals in Louisville KY

Smoke Detector Regulation for Short Term Rentals in Louisville KY

Smoke Detector Regulation for Short Term Rentals in Louisville KY

Ordinance 156.202

In all dwelling units, smoke detectors powered by a hard wire AC primary power source or a self-monitored, non-removal ten-year lithium battery shall be installed and maintained after the effective date of this section. Single station detectors presently installed utilizing standard batteries may continue to be used as long as the units remain operational. Should an inspection of the concerned properties reveal these units out of service due to a low or no battery, it will be cause to replace the units with at least smoke detectors powered by a hard wire AC primary power source or a self-monitored, non-removal ten-year lithium battery.

In order to comply with this section, only ionization or photoelectric type detectors listed by a nationally recognized testing laboratory shall be installed.

Smoke detectors shall be installed in accordance with applicable NFPA Standards and the manufacturer’s recommendations. Detectors may be ceiling or wall mounted, provided that they shall be mounted at a minimum of four inches and a maximum of 12 inches from the ceiling, and not closer than four inches from the point at which the ceiling and wall meet.

In a dwelling unit, which contains a well-defined sleeping room separated from the other activity areas of the same unit, the detector shall be located in the corridor within the unit or interior area giving access to the rooms used for sleeping purposes. Where sleeping areas are separated and/or where a single smoke detector will not adequately service all sleeping areas, there shall be a smoke detector installed adjacent to each sleeping area. In a rooming unit the detector shall be centrally located.

In a dwelling containing two or more dwelling units or any rooming unit, in addition to the requirements for individual smoke detectors in each dwelling unit or rooming unit, detectors shall be placed in centrally located common areas so that smoke detectors will adequately service all sleeping areas.

Installation and maintenance.

The owner of a dwelling shall be responsible for supplying and installing in an operable condition, the required detectors and for providing the manufacturer’s maintenance and testing instructions to the tenant.

The owner of a dwelling shall be responsible for maintenance and testing of detectors , in accordance with manufacturer’s instructions, which are located in common areas and/or detectors in rooming units where the tenant usually has periods of occupancy, (less than 30 continuous days, such as, hotels, motels, tourist homes).

The tenant shall be responsible for maintaining and testing the detectors, in accordance with the manufacturer’ instructions, which are within his or her exclusive control during the life of the tenancy. The tenant shall be responsible for notifying the owner in writing when detectors become inoperable, and the owner shall have ten days after receipt of such written notice in which to replace or repair the detectors in an operable condition. In the existing single station, battery-operated types of detectors , battery replacement will not be allowed. In the event existing detectors with standard batteries are found inoperable, the units shall be replaced with at least smoke detectors powered by a hardwire AC primary power source or a self-monitored, non-removal ten-year lithium battery.

At every change of tenancy in all multi-family residential units and dormitories, it shall be the duty of the owner to test and ascertain that those detectors contained in the unit are in operable condition, and if not, the owner shall be responsible for placing them in operable condition. Further, in the event existing detectors with standard batteries are found inoperable, the owner shall be responsible for replacing such detectors with at least smoke detectors powered by a hardwire AC primary power source or a self-monitored, non-removal ten-year lithium battery.

In all hotels, motels, rooming houses or tourist homes it shall be the duty of the owner to test such detectors on a regular basis in accordance with manufacturer’s instructions, and the owner shall be responsible for maintaining such units in an operable condition. A log of smoke detector inspections and findings shall be maintained by the owner, and shall be made available to fire inspectors upon request.

It shall be the responsibility of the property owner to install at least smoke detectors powered by a hardwire AC primary power source or a self-monitored, non-removal ten year lithium battery before transfer of the property to a new party. A signed affidavit of the property owner, given to purchaser, seller, and real estate agent before transfer will suffice in meeting this requirement.

Where AC powered detectors have been installed and maintained in accordance with previous ordinances, they shall continue to be used in accordance with the manufacturers installation and maintenance guidelines. Such smoke detectors that are found to be non-operational, damaged, or missing shall be replaced with a hard wire AC powered smoke detector of similar or like-type.

 

The information above was taken from the Louisville/Jefferson County Metro Government Ordinances, provided by American Legal Publishing Corporation, Chapter 156: Property Management and Maintenance, and can be accessed here.

This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Key Source Properties provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

Your source for short term rental management and consulting.

LEARN MORE ABOUT WORKING WITH US

Setting Up A Short Term Rental In Louisville KY

Setting Up A Short Term Rental In Louisville KY

Navigating the short-term rental legal process

Setting up a short-term rental listing in Louisville, KY is not as difficult as you would think. Many parts of the country are plagued by heavy regulation that can increase the barriers-to-entry for newcomers and those unfamiliar with the process. Louisville’s short-term rental climate is very accepting, as long as your property fits the guidelines and you follow the proper legal requirements.
 
A short-term rental is defined as a rental that is 29 consecutive days OR LESS.  Rentals of thirty (30) days or more are not short-term rentals, by law, and therefore not governed by short-term rental laws or zoning requirements. Tax obligations are due to both the state of Kentucky and City of Louisville for all short term rentals, and are as follows:

State of Kentucky:
Sales Tax: 6%
Transient Tax: 1%

City of Louisville:
Hotel or Bed Tax: 8.5%

Not all properties can be short term rentals

Property types that qualify for short-term rentals in Louisville, KY:
 
Single Family Residence
Duplex
Condominium*
Commercial Building**
 
*Condominium owners must have written permission from the association board. Residentially zoned condominiums must be owner occupied. Commercially zoned condominiums do not have an owner occupied requirement.

**Commercial Buildings must be zoned C-R, C-N, C-1, C-2 or C-3 and the property meets the following criteria: 1) within 200 feet of a TARC route, 2) within .75 miles of a public park, 3) within one mile of a National Register District or local Preservation District. 
 
Property types that DO NOT qualify for short-term rentals in Louisville, KY:
 
Multi-family Dwellings (3 or more units under a single roof)
 
You can have more than three listings on a single plot or land (example: The main house is a duplex and the back yard has a carriage house), but not under the same roof.
 
Commercial buildings can also have more than three (3) short-term rental units.

Short Term Rentals in Louisville Condos

All Condos must have a CUP, regardless of owner-occupancy.

Any condo within any R zone:

1) Requires a CUP
2) Must be primary residence of owner
3) Must have written confirmation of permission from condo association

Registration and Permitting –

If the property you are looking to rent is your primary residence, you are only required to register with Louisville Metro Planning and Design Services ANNUALLY, pay $25, and register with Louisville Metro Revenue Commission for payment of occupancy tax.

If the property you are looking to rent is NOT your primary residence, or is in the TNZD (traditional neighborhood zoning district), you must apply for and obtain a conditional use permit (CUP) from Louisville Metro Government in order to legally operate a short-term rental.

Additional short term rental rules to follow…

Other Rules:

  • Obtain a CUP (if necessary)
  • Register annually with Louisville Metro Planning and Design Services
  • Remit 8.5% Occupancy Tax to Louisville Metro Revenue Commission
  • Remit 6% sales tax and 1% transient tax to the State of Kentucky
  • Meet smoke detector requirements
  • Post an evacuation plan
  • Do not serve or sell food or alcohol
  • Do not post outdoor signage as advertisement
  • Occupancy limitations are 2X the number of bedrooms, plus four (4)
  • Failure to register is the equivalent of operating without a permit
  • STR regulations do not supersede lease agreements, homeowner’s association bylaws, covenants, deed restrictions, or any other agreement, law or regulation that prohibits subletting or use of your dwelling as a short-term rental. 
  • The following cities that retain independent zoning authority have not adopted a zoning ordinance specifically allowing short term rentals: Anchorage, Douglass Hills, Graymoor-Devondale, Hurstbourne, Indian Hills, Jeffersontown, Lyndon, Middletown, Prospect, Shively, St. Matthews and St. Regis Park. Therefore, check regulation before beginning the STR process in these areas.

Helpful links:

Applications

1. Short Term Rental Annual Registration Application Form (In Person or Mail Submittal Option)
2. Short Term Rental Annual Registration Application Form (Online Submittal Option) 
3. Short Term Rental CUP Pre-Application
4. Short Term Rental CUP Formal Application

Helpful Links

How to register your short term rental 
LOJIC map to find your property’s zoning
Frequently Asked Questions
Metro Council Short Term Rental Ordinance Amending Metro Code (Title XI, Chapter 115.515–115.521)
Metro Council Short Term Rental Ordinances Amending Land Development Code
Smoke Detector Requirements (Title IX, Chapter 94.02)
Map of Metro Council Zoning Authority Area
Process for Conditional Use Permit approval
Louisville Metro Revenue Commission

Your source for short term rental management and consulting.

LEARN MORE ABOUT WORKING WITH US