Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 67A, 67C, 82.105(1), 83, 83A, 198B.040(7),
198B.050, 198B.060, 198B.070, 212.626(5), 227.489
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.060(5) and (6)
authorize a local government to petition the commissioner to request additional
plan review and inspection functions. This administrative regulation
establishes the requirements for local governments to request and be granted
expanded jurisdiction for building code plan review and inspection.
Section 1. Definitions.
(1) "Local governing body" means the chief
governing body of a city, county, consolidated local government, or
urban-county having legislative powers.
(2) "Local government" means:
(a) A city, as established by KRS Chapters
67A, 67C, 83, and 83A;
(b) A
county, as defined by
KRS
212.626(5);
(c) A consolidated local government;
or
(d) An urban-county
government.
Section
2. Uniform Criteria for Granting Expanded Jurisdiction.
(1) Inspector requirements. A local
government shall employ or execute a legal contract with at least one (1):
(a) Individual certified as a building
inspector, level III, in accordance with
815 KAR
7:070. The building inspector, level III, shall be
responsible for reviewing plans, reviewing specifications, and performing
building inspections; and
(b)
Certified electrical inspector in accordance with
KRS
227.489 and
815 KAR
35:015. The certified electrical inspector shall
enforce the National Electrical Code (NFPA 70) as adopted and incorporated into
the Kentucky Building Code,
815 KAR
7:120, and Kentucky Residential Code,
815 KAR
7:125.
(2) Record retention.
(a) The local government shall be responsible
for maintaining all records in compliance with the department's record
retention schedule in accordance with
725 KAR
1:061.
(b)
If the local government contracts with a person, firm, or company to perform
plan and specification inspections or building inspection functions pursuant to
KRS
198B.060(15), the local
government shall be responsible for the records produced by the person, firm,
or company in compliance with paragraph (a) of this subsection.
(3) Minimum jurisdiction
responsibilities. The local government shall maintain the minimum
responsibilities required by
KRS
198B.060(2), unless
additional responsibilities are specifically agreed upon in writing between the
local government and the department pursuant to
KRS
198B.060(5) and this
administrative regulation.
(4)
State jurisdiction. The department shall retain plan review, inspection, and
enforcement responsibility pursuant to the Kentucky Building Code,
815 KAR
7:120, for all buildings that are:
(a) Institutional buildings;
(b) Educational buildings, unless
specifically agreed otherwise in writing by the local government and the
department;
(c) Licensed facilities
as mandated by the Cabinet for Health and Family Services, including day care
centers, hospitals, and nursing homes;
(d) State-owned and state-leased buildings
and facilities;
(e) High-hazard
occupancies, unless specifically agreed otherwise in writing by the local
government and the department; and
(f) Industrialized building systems
(including modular homes), except for site placement and assembly of individual
modular homes. A local government may permit placement and assembly locally.
Local placement and assembly shall not commence until the local government
submits written notification to the department for each placement.
Section 3. Application
for Expanded Jurisdiction.
(1) Application.
An authorized representative of a local government shall submit to the
department:
(a) A completed Application for
Local Expanded Jurisdiction, Form BCE/EJ #1;
(b) An affidavit certifying the local
government employs or contracts with a certified building inspector, level III,
and a certified electrical inspector and the name and job title for each
inspector;
(c) A complete list of
code enforcement personnel employed by or contracted with the local government,
including the name, job title, and certification status of each
individual;
(d) Documentation of
all permits issued and fees collected for the previous calendar year, if any,
and an estimation of the anticipated increase in activity if granted expanded
jurisdictional authority;
(e) A
complete list of each:
1. Building occupancy,
classification, and size for which expanded jurisdiction is requested;
and
2. Building occupancy,
classification, and size for which expanded jurisdiction is not
requested;
(f) A copy of
the local ordinance requiring single-family dwelling plan review and inspection
within the jurisdiction;
(g) A copy
of the schedule of relevant fees adopted by the local governing body;
(h) A copy of any agreement between the
applicant and another local government pursuant to
KRS
198B.060(14); and
(i) A copy of any agreement between the
applicant and any person, firm, or company to perform plan and specification
inspections or building inspection functions pursuant to
KRS
198B.060(15).
(2) Expanded jurisdiction
agreement.
(a) If the application is approved
by the department, the department and the local government shall enter into an
expanded jurisdiction agreement.
(b) Each agreement for expanded jurisdiction
shall be in effect for three (3) years, unless:
1. Canceled by one or both parties in
writing; or
2. Preempted in whole
or in part pursuant to subsection (1) of this section.
(c) The local government shall notify the
department within thirty (30) days of any changes in personnel or fees that
differ from the terms of the agreement.
Section 4. Procedures for Maintaining
Expanded Jurisdiction.
(1) Renewal. Before the
expiration of the agreement, the local jurisdiction shall submit a Renewal
Application for Expanded Jurisdiction on Form BCE/EJ #2. The renewal
application shall include the submissions required by Section 3 of this
administrative regulation.
(2)
Renewal application review. After receiving and reviewing the local
government's application for renewal, the department shall:
(a) Reevaluate the building code enforcement
program of the local government; and
(b) Renew the local government's expanded
jurisdiction agreement or deny the renewal request within forty-five (45) days
of receiving the local program's renewal application and supporting
documentation.
(3)
Expanded jurisdiction monitoring. The department shall monitor the program of
each local government granted expanded jurisdiction responsibilities. If a
local government violates the requirements of this administrative regulation;
the Kentucky Building Code,
815 KAR
7:120; the Kentucky Residential Code,
815 KAR
7:125; the terms of the expanded jurisdiction
agreement; or KRS Chapters 198B, 236, or 318, the department may preempt the
local government, in whole or in part.
(4) The department shall retain plan review,
inspection, and enforcement responsibility pursuant to the Kentucky Building
Code,
815 KAR
7:120, for all buildings as established in the
agreement for expanded local jurisdiction with the local government.
Section 5. Local Appeals Board.
(1) The local government with expanded
jurisdiction may establish a local appeals board. A local appeals board shall
operate in accordance with
KRS 198B.070.
(2) If the local government establishes a
local appeals board, the local government shall send a written notice to the
department, which shall:
(a) Identify each
member by name and qualifications for being appointed to the appeals board;
and
(b) Include contact information
for the local appeals board.
(3) If a local appeals board is not
established, all costs incurred by the department to conduct hearings for
appeals filed pursuant to
KRS
198B.070(5) shall be charged
to the local government.
Section
6. One (1) and Two (2) Family Dwellings.
(1) The local building inspection program
shall not include the plan review and inspection for one (1) and two (2) family
dwellings that are:
(a) Manufactured
homes;
(b) Modular homes;
or
(c) Farm dwellings.
(2) The local building inspection
program shall include permits and inspections for the foundation system and
other on-site construction related to modular home installations.
Section 7. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Application
for Local Expanded Jurisdiction", Form BCE/EJ #1, May 2018; and
(b) "Renewal Application for Expanded
Jurisdiction", Form BCE/EJ #2, May 2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Housing,
Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky
40601, Monday Through Friday, 8 a.m. to 4:30 p.m. and is available online at
dhbc.ky.gov.
27 Ky.R. 1405;
1812; eff. 1-15-2001; 34 Ky.R. 1224; 1739; eff. 2-1-2008; 37 Ky.R. 859; 1209;
eff. 11-17-2010; 39 Ky.R. 1503; 1886; eff. 4-5-2013; 44 Ky.R. 2439; 45 Ky.R.
343; eff. 8-22-2018; TAm eff. 5-29-2020; 48 Ky.R. 621, 1765; eff.
3-1-2022.
STATUTORY AUTHORITY:
KRS
198B.050(5),
198B.060(5),
(6),
(18)