AN ACT relating to residential housing.

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AN ACT relating to residential housing. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 198B.050 is amended to read as follows: 3
(1) The department shall adopt and promulgate a mandatory Uniform State Building 4
Code that establishes standards for the construction of all buildings, as defined in 5
KRS 198B.010, in the state. The code shall provide that the review and approval, as 6
necessary, of building plans for conformance with the Uniform State Building Code 7
prior to construction approval shall be conducted only by the department or a local 8
government or governments delegated such responsibilities by this chapter, and any 9
exceptions to this policy shall be explicitly stated in the code. 10
(2) The code shall be comprehensive and shall include but not be limited to provisions 11
for general construction; structural quality; mechanical systems to include heating, 12
cooling, and ventilation; electrical systems; and life safety from hazards of fire, 13
explosion, and other disasters, whether caused by acts of nature or man. The code 14
shall encompass the Kentucky State Plumbing Code promulgated pursuant to KRS 15
318.130, boiler rules and regulations issued pursuant to KRS 236.030, and the 16
national electrical code. 17
(3) This code shall be designed after and may be selected from the models offered by 18
such model code agencies as the International Code Council, Inc ., the National Fire 19
Protection Association, and other nationally recognized organizations which may 20
include governmental agencies. The code shall: 21
(a) Provide uniform standards and requirements for construction and construction 22
materials; 23
(b) To the extent practicable, set forth standards, specifications, and requirements 24
in terms of performance objectives, so as to facilitate the use of new 25
technologies, techniques, and materials. The code shall not discriminate in 26
favor of particular suppliers' materials, techniques, or technologies; and 27
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(c) Protect the public health, safety, and welfare within the state. 1
(4) The code shall include provisions for the continuing review and possible adoption 2
of new materials, technologies, and techniques in the building industry when 3
deemed justified by the department to fulfill the purposes of this chapter. The 4
department may adopt a model code promulgated by a model code agency only if 5
that agency provides a method for democratic participation by the department and 6
any local governments which may enforce the code, in a continuing review and 7
possible adoption of new materials, technologies, and techniques in the building 8
industry. 9
(5) The department shall promulgate administrative regulations, after notice in 10
accordance with KRS Chapter 13A, which are necessary to implement the Uniform 11
State Building Code or to carry out any other responsibility assigned to the 12
department by this chapter. 13
(6) The department shall monitor the effectiveness of agencies designated by local 14
governments to enforce the provisions of the Uniform State Building Code. 15
(7) If the department determines that an agency is not enforcing the provisions of the 16
Uniform State Building Code, it shall determine where deficiencies exist. The 17
department shall require the local government to correct the deficiencies within 18
sixty (60) days and report to the department its method of correcting the 19
deficiencies. 20
(8) If the local government fails to correct the deficiencies, the department may 21
preempt the local program as provided for in KRS 198B.060(4). 22
(9) The department shall provide for the supply, including amendments and revisions 23
thereto, of sufficient copies of the Uniform State Building Code for all interested 24
parties. 25
(10) Any standard under a code a dopted pursuant to this section that applies to 26
townhomes, or two (2), three (3), or four (4) family dwellings shall be equivalent 27
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to, and not more stringent than standards that apply to single-family homes. 1
Section 2. KRS 198B.060 is amended to read as follows: 2
(1) Each local government shall employ a building official or inspector and other code 3
enforcement personnel as necessary, or shall contract for inspection and code 4
enforcement services in accordance with subsecti ons (8) and (11) of this section to 5
enforce the Uniform State Building Code within the boundaries of its jurisdiction, 6
except that permits, inspections, and certificates of occupancy shall not be 7
mandatory for single -family, two (2), three (3), and four (4 ) family dwellings 8
[residences] unless a local government passes an ordinance requiring inspections of 9
single-family, two (2), three (3), and four (4) family dwellings[ residences]. 10
(2) (a) Local governments shall be responsible for the examination and app roval or 11
disapproval of plans and specifications for churches having a capacity of four 12
hundred (400) or less persons, and six thousand (6,000) or less square feet of 13
total floor area, and buildings of no more than three (3) stories in height, 14
exclusive of attic and basement, which do not contain more than twenty 15
thousand (20,000) square feet of floor area, and are not intended for 16
educational, institutional, or high hazard occupancy; or assembly, business, or 17
industrial occupancy in excess of one hundred ( 100) persons, except churches 18
as stated in this subsection, or for use as a frozen food locker plant as defined 19
in KRS 221.010. 20
(b) Local governments shall be responsible for the issuance and revocation of 21
building permits, licenses, certificates, and simi lar documents which cover 22
activities within their area of responsibility, and the inspection of all buildings 23
pursuant to this chapter and the Uniform State Building Code. Each local 24
government issuing a building or demolition permit or an initial certific ate of 25
occupancy on a new structure shall send a copy of the permit or certificate to 26
the commissioner for his or her use in maintaining an accurate housing 27
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inventory for Kentucky. 1
(c) Notwithstanding the provisions of paragraph (a) of this subsection or t he 2
provisions of KRS 162.060, local governments may have jurisdiction for plan 3
review, inspection, and enforcement responsibility over buildings intended for 4
educational purposes, other than licensed day -care centers, but only when 5
agreed to in writing by the local government and the department. Copies of 6
documentation related to plan review, inspection, and enforcement shall be 7
provided to the Kentucky Department of Education at the time they are issued 8
to the district. Any agreements relating to expanded jurisdiction in effect on 9
July 14, 2022, may be amended accordingly. 10
(3) Urban-county governments may determine service districts within their boundaries 11
within which farm dwellings and other farm buildings, not used in the business of 12
retail trade or as a place of regular employment for ten (10) or more people, shall be 13
exempt from the requirements of the Uniform State Building Code. The 14
determination may be reviewed and altered by the department. 15
(4) (a) With the exception of single -family, two (2), three (3), and four (4) family 16
dwellings, the department shall be responsible for the examination and 17
approval or disapproval of plans and specifications for all buildings which are 18
not the responsibility of local governments. The department may issue and 19
revoke permits, licenses, certificates, and similar documents within its area of 20
responsibility, and shall have concurrent jurisdiction with local governments 21
for the inspection of all buildings pursuant to this chapter and the Uniform 22
State Building Code. 23
(b) If the commissioner determines that the local jurisdiction is not adequately 24
performing any portion of its program, the department may preempt that 25
portion of a local program, except that the department shall not preempt or 26
assert jurisdiction for the enfo rcement of the code on single -family, two (2), 27
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three (3), and four (4) family dwellings. The commissioner shall explain his 1
or her reasons for preemption in writing and provide a copy to the local 2
jurisdiction. 3
(c) The local jurisdiction may appeal the pre emption directly to the 4
commissioner, and the department shall review the appeal according to the 5
procedures found in subsections (8) to (10) of KRS 198B.070. No preemption 6
by the commissioner shall take place until a final decision has been issued in 7
an appeal under this subsection. 8
(d) If the department preempts any portion of a local program, it shall collect the 9
fees applicable to that portion of the program. 10
(5) (a) Any local government may petition the commissioner requesting that 11
additional plan revi ew functions be allocated to that local government. The 12
petition shall include evidence of the local government's capability to perform 13
additional plan review functions. 14
(b) The commissioner, after review of the petition and supporting evidence, may 15
grant or deny to the local government any part of a request for additional 16
responsibility. If the commissioner denies any part of a petition, he or she 17
shall explain his or her reasons for denial in writing, and provide a copy to the 18
local government. 19
(c) A local government may appeal the denial directly to the commissioner, and 20
the department shall review the appeal according to the procedures found in 21
subsections (8) to (10) of KRS 198B.070. 22
(d) If the local government is granted additional responsibility by th e 23
commissioner, the department shall hold concurrent jurisdiction over the 24
additional responsibility, but the local government shall collect any fees for 25
functions it performs pursuant to the additional responsibility. 26
(6) Any local government may also petition the commissioner requesting that plans and 27
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specifications inspection, building inspection, and approval responsibility relating 1
to the application of local plumbing permits for local installations be allocated to 2
the local government. The petition sh all not be granted unless the local government 3
has demonstrated to the commissioner that it can perform these functions in 4
accordance with KRS 198B.050 to 198B.090. 5
(7) The commissioner shall expedite the review of plans and specifications by 6
assigning responsibilities and coordinating review activities among the department's 7
various functional divisions so as to prevent unnecessary duplication in the review 8
of plans and specifications. 9
(8) No building shall be constructed in this state until a local buildi ng official and an 10
official representing the department, if the department has jurisdiction, issue a 11
permit for the construction. Nothing in this subsection shall require a single -family, 12
two (2), three (3), or four (4) family dwelling to be permitted or i nspected unless a 13
local government has established a building inspection program as set out in this 14
section. 15
(9) The local building official or the representative of the department shall issue a 16
permit if the proposed building satisfies the requirements of the Uniform State 17
Building Code and if the party desiring to construct the building has complied with 18
all other legal requirements concerning the l ocation and construction of the 19
building. The applicant for a building permit, by the act of applying for the permit, 20
shall be deemed to have consented to inspection by the local government or the 21
department, of the building during construction and upon th e completion of 22
construction for the purpose of determining that the building is constructed in 23
compliance with the Uniform State Building Code. 24
(10) (a) No permit for building, construction, reconstruction, renovation, demolition, 25
or maintenance or for an y activity related to building, construction, 26
reconstruction, renovation, demolition, or maintenance shall be issued by any 27
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building department or by any political subdivision of the Commonwealth of 1
Kentucky to any person seeking the permit unless the pers on shall assure, by 2
affidavit, that all contractors and subcontractors employed, or that will be 3
employed, on activity covered by the permit shall be in compliance with 4
Kentucky requirements for workers' compensation insurance according to 5
KRS Chapter 342 and unemployment insurance according to KRS Chapter 6
341. 7
(b) Any person who fails to comply with the assurances required under paragraph 8
(a) of this subsection upon such finding by a court of competent jurisdiction, 9
shall be fined an amount not to exceed f our thousand dollars ($4,000) or an 10
amount equal to the sum of all uninsured and unsatisfied claims brought under 11
the provisions of KRS Chapter 342 and unemployment insurance claims for 12
which no wages were reported as required by KRS Chapter 341, whichever is 13
greater. 14
(c) The penalty imposed in paragraph (b) of this subsection shall be enforced by 15
the county attorney for the county in which the violation occurred. 16
(11) A certified electrical inspector shall be employed by, or contracted for, or 17
contracted with a local government having responsibility over buildings described 18
in this section as part of its building inspection program. After a certified electrical 19
inspector has been provided for by the local government or the department, no 20
utility shall initi ate permanent electrical service to any new building, or any 21
building which has been moved, until a final certificate of approval has been issued 22
by a certified electrical inspector. Unless the department shall notify the utility in 23
writing as to which bui ldings are subject to department approval, it shall be 24
presumed by the utility that the building is subject to the jurisdiction of the local 25
government. However, nothing in this section shall prohibit the supply or use of 26
necessary electrical services during the construction and testing process. 27
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(12) This section shall apply to industrialized building systems, but destructive 1
disassembly of industrialized building systems which carry a seal of approval 2
pursuant to a manufactured building law in the state in which they were 3
manufactured, which seal of approval is accepted by the department, shall not be 4
performed in order to conduct the tests or inspections. 5
(13) No building on which construction was begun nor any industrialized building 6
system on which site preparation and assembly were begun after the Uniform State 7
Building Code became effective shall be occupied until the local building official or 8
a representative of the department issues a certificate of occupancy certifying that 9
the building was construc ted in conformance with the standards of the Uniform 10
State Building Code, or assembled or installed in conformance with applicable 11
instructions. Nothing in this subsection shall be construed to require a certificate of 12
occupancy to be issued for any single -family, two (2), three (3), or four (4) family 13
dwelling unless a local government has established jurisdiction for the enforcement 14
of the Uniform State Building Code under this section. 15
(14) A local government may associate with other local governments, a nd may seek the 16
technical assistance of other agencies or area development districts in order to 17
provide for the local enforcement of the Uniform State Building Code. 18
(15) Local governments or associations of local governments may contract with a 19
person, f irm, or company to perform the plans and specifications inspection or 20
building inspection functions required of the local government by the provisions of 21
this section if: 22
(a) The person performing the plans and specifications inspection is certified by 23
the department as having successfully completed the test requirements 24
provided by KRS 198B.090 to practice as a certified plans and specifications 25
inspector; 26
(b) The person performing the building inspection is certified by the department 27
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as having successful ly completed the test requirements provided in KRS 1
198B.090 to practice as a certified building inspector; 2
(c) The person, firm, or company does not have a conflict of interest between its 3
plan review or inspection functions and any other employment or bus iness 4
activities; 5
(d) The person performing the plumbing inspection is certified by the department 6
as having successfully completed the requirements provided in KRS 318.140 7
to practice as a certified plumbing inspector; and 8
(e) The person, firm, or company does not have a conflict of interest between its 9
plan review or inspection functions and any other employment or business 10
activities. 11
(16) If the department has reason to believe that an inspector is not enforcing, or is 12
improperly enforcing, the provisio ns of the Kentucky building codes, it shall 13
conduct an informal hearing to review the inspector's procedures and return in 14
written form the required corrections resulting from the hearing to the inspector, or 15
may take action to suspend or revoke the inspector's certificate. 16
(17) If the inspector fails to comply within sixty (60) days of a written notification from 17
the department that specifies the required corrections, the department shall suspend 18
the inspector's certification until the inspector complies. Any action to suspend or 19
revoke an inspector's certificate may be appealed to the department, and upon 20
appeal an administrative hearing shall be conducted in accordance with KRS 21
Chapter 13B. 22
(18) Each local government and the department may establish a sch edule of fees for the 23
functions performed under this chapter. The fees shall be designed to fully cover, 24
but shall not exceed, the cost of the service performed. Fees payable to the 25
department shall be paid into the State Treasury and credited to a trust a nd agency 26
fund to be used by the department in carrying out this chapter. No part of this fund 27
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shall revert to the general fund of the Commonwealth. 1
(19) Notwithstanding any provision of law to the contrary, a person seeking any plan 2
review or inspection in accordance with this section may have that plan review or 3
inspection performed by a licensed third -party inspector pursuant to Section 3 of 4
this Act. 5
SECTION 3. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 6
READ AS FOLLOWS: 7
(1) As used in this section: 8
(a) "Applicant" means a person who applies for a permit; 9
(b) "Permit" means: 10
1. An authorization required to conduct any construction -related 11
activities involving a qualifying property; or 12
2. A certificate of occupancy or other similar certification for a 13
qualifying property; 14
(c) "Qualifying property": 15
1. Means a residential building containing ten (10) or fewer units; and 16
2. Includes buildings with mixed commercial and residential uses; 17
(d) "Qualifying third-party inspector" means a third-party inspector that is not: 18
1. In any way affiliated with or financially interested in the project to be 19
reviewed or inspected; or 20
2. An employee of a regulatory authority from which the permit that is 21
the subject of an application is sought; 22
(e) "Regulatory authority" means a state or local governmental entity 23
enforcing any state code for which a permit is required; 24
(f) "Regulatory fee" mean s any fee, including a permit fee, application fee, 25
inspection fee, or any other similar fee, that a regulatory authority requires 26
as part of its enforcement of any state code for which a permit is required; 27
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and 1
(g) "Third-party inspector" means: 2
1. An architect licensed under KRS Chapter 323; 3
2. An engineer licensed under KRS Chapter 322; 4
3. An electrical inspector certified under KRS Chapter 227; and 5
4. A building inspector, plans and specifications inspector, or plumbing 6
inspector certified under KRS 198B.090. 7
(2) A regulatory authority shall provide any prospective applicant with a schedule of 8
the requirements for applying for and obtaining any permit, including: 9
(a) A list of any plan reviews or inspections that are required by the regulatory 10
authority to obtain a permit; 11
(b) The timelines set forth in this section regarding notification and submission 12
of documents; 13
(c) Any regulatory fees charged by the regulatory authority; and 14
(d) All other requirements to complete an application for a permit, includi ng 15
any prior approvals or permits needed. 16
(3) (a) After an applicant has submitted an application for a permit, the regulatory 17
authority shall send the applicant a notice indicating whether the 18
application is complete, except for any required plan review o r inspection, 19
within three (3) business days of receiving the application. The notice shall 20
contain a statement indicating whether the regulatory authority is able to 21
conduct a plan review and inspection within the time limits established in 22
subsection (4)(a)1. and 2. of this section. 23
(b) If an applicant is notified that an application for a permit is deficient: 24
1. The notification shall contain a list of any deficiencies in the 25
application; and 26
2. The applicant may submit revisions to the application to cu re any 27
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deficiencies. 1
(c) A regulatory authority shall send an applicant a notice indicating whether 2
the deficiencies of the application have been cured within three (3) business 3
days of receiving the revisions. 4
(d) An applicant may resubmit an application for a permit any number of times 5
until the application is deemed complete, except for any required plan 6
review or inspection, and a regulatory authority's responses shall be subject 7
to the three (3) day time limit set out in this subsection. 8
(4) (a) If the regulatory authority notifies an applicant that an application is 9
complete, except for any required plan review or inspection, the regulatory 10
authority shall conduct any required: 11
1. Plan review within fourteen (14) business days after the notice is sent; 12
and 13
2. Inspection within five (5) business days after receiving a written 14
request for the inspection. 15
(b) The periods set out in paragraph (a)1. and 2. of this subsection may be 16
extended: 17
1. If a cause outside the control of the regulatory authority requires an 18
extension and the regulatory authority provides the applicant a written 19
explanation articulating the need for the extension, except in no case 20
shall the extension exceed an additional fourteen (14) business days 21
for plan review or an additional five (5) business days for inspection; 22
2. If an extension is necessary due to the fault of the applicant; or 23
3. If the applicant and the regulatory authority agree to an extension. 24
(c) 1. An applicant may use a qualifying third -party inspector to perform a 25
plan review or inspection, regardless of whether the regulatory 26
authority is able to perform those activities within the time frames set 27
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out in paragraph (a) of this subsection. 1
2. The cost for any plan review or inspection performed by a qualifying 2
third-party inspector shall be at the applicant's own expense. 3
3. A regulatory authority that has notified an applic ant under subsection 4
(3)(a) of this section that it cannot meet the deadlines established in 5
paragraph (a)1. and 2. of this subsection: 6
a. Shall refund any fees paid to the regulatory authority associated 7
with the review or inspection if the applicant elec ts to use a 8
qualifying third-party inspector as authorized in subparagraph 1. 9
of this paragraph; and 10
b. May withhold from the refund an administrative fee not to 11
exceed one hundred dollars ($100). 12
4. A regulatory authority that has notified an applicant un der subsection 13
(3)(a) of this section that it can meet the deadlines established in 14
paragraph (a) of this subsection, but fails to meet those deadlines, 15
shall: 16
a. Issue a temporary permit to the applicant that allows the 17
applicant to begin work; and 18
b. Refund all fees paid to the regulatory authority for the review or 19
inspection associated with the application. 20
(5) (a) A qualifying third -party inspector may perform any plan review or 21
inspection that is required by a regulatory authority to determine 22
compliance with regulatory requirements and necessary to receive a 23
building permit or certificate of occupancy, including but not limited to 24
inspections of: 25
1. Footings; 26
2. Foundations; 27
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3. Concrete slabs; 1
4. Framing; 2
5. Electrical; 3
6. Plumbing; 4
7. Heating; 5
8. Ventilation; and 6
9. Air conditioning. 7
(b) Any plan review or inspection conducted by a qualifying third -party 8
inspector shall be at least as extensive as a plan review or inspection that 9
would be conducted by the regulatory authority. 10
(c) A qualifying third -party inspector shall only perform a plan review or 11
inspection that is within the scope of the qualifying third -party inspector's 12
competency. 13
(d) Upon completing a plan review or inspection, a qualifying third -party 14
inspector shall prepare an affidavit certifying under oath that: 15
1. The plans were reviewed or inspection was conducted by the third -16
party inspector; 17
2. The third-party inspector was duly authorized to perform the review or 18
inspection as set out in this section; 19
3. The third -party inspector maintains the insurance coverage in 20
accordance with paragraph (f) of this subsection; 21
4. The third -party inspector ha s the appropriate registration or 22
certification, and the plan review or inspection conducted was within 23
the scope of the third-party inspector's competence; and 24
5. The plans or subject of the inspection comply with all applicable state 25
and local requirements. 26
(e) A qualifying third -party inspector shall submit a copy of a plan review or 27
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inspection report conducted pursuant to this section to the regulatory 1
authority within five (5) days of its completion. As part of this submission, 2
the qualifying third-party inspector shall submit: 3
1. The affidavit required in paragraph (d) of this subsection; 4
2. Any remaining fees; and 5
3. Any other documents required by the regulatory authority to 6
determine compliance. 7
(f) A qualifying third -party inspector shall maintain insurance coverage for 8
personal liability insurance of at least: 9
1. One million dollars ($1,000,000) per claim; and 10
2. Two million dollars ($2,000,000) of aggregate coverage. 11
(g) A qualifying third-party inspector performing any activities pursuant to this 12
subsection shall be subject to the disciplinary guidelines of his or her 13
relevant professional licensing or certification board. Any complaint, 14
investigation, or discipline arising out of a qualifying third -party inspector's 15
activities pursuant to this su bsection shall be conducted by his or her 16
relevant professional licensing or certification board. 17
(6) A regulatory authority shall issue a permit or approval to an applicant within one 18
(1) business day following the completion of any required plan review o r 19
inspection, or within one (1) business day following the receipt of documentation 20
of a plan review or inspection by a third -party inspector that complies with 21
provisions set out in subsection (5) of this section. 22
(7) Any ordinance, rule, or regulation of a regulatory authority that conflicts with 23
this section is void and unenforceable. 24
(8) This section shall not be construed to prohibit a regulatory authority from issuing 25
a stop work order if the regulatory authority determines that a condition of a 26
building project constitutes an immediate threat to public safety and welfare. 27
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(9) A regulatory authority and any of its agents shall be immune from liability to any 1
person for any action or inaction by a qualifying third -party inspector or 2
applicant under this section. 3
Section 4. This Act takes effect July 1, 2027. 4