815 KAR 7:070. The Kentucky Certified Building Inspector Program.

815 KAR 7:070. The Kentucky Certified Building Inspector Program.

RELATES TO: KRS 198B.040(3), 198B.050(3)(c), (6), 198B.090

STATUTORY AUTHORITY: KRS 198B.050(5), 198B.090(1)(a)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.090(1)(a) requires the office to create and administer a building inspector's certification program which is designed to ensure uniform statewide enforcement of applicable state building codes. This administrative regulation establishes the testing, training and continuing education requirements for qualifying persons to become inspectors for the enforcement of the Kentucky Building Code, and to identify the level of their responsibilities for this enforcement.

Section 1. Definitions. (1) "Certified building inspector" means a person who has completed the orientation training and module testing requirements to be classified as a one (1) and two (2) family dwelling inspector, one (1) and two (2) family dwelling mechanical inspector, mechanical inspector general, mechanical inspector and plan reviewer, or a certified building inspector, level I, II, or III, as established in Section 5 of this administrative regulation, and who is qualified to issue building permits, review construction documents, issue compliance letters and certificates of occupancy and enforce the code for the type and size of buildings described by Section 5 of this administrative regulation.

(2) "Enrolled" means an applicant has complied with the requirements established in Section 4(1) of this administrative regulation.

(3) "Limited certificate" means a document establishing that a person has passed the test for competency in one (1) or more NCPCCI test modules, and is qualified to engage in the type of limited inspections listed on the certificate which represents the level of competency for which the person was tested.

(4) "NCPCCI test module" means a test module, from the National Certification Program for Construction Code Inspectors, developed by the national code enforcement organizations for the purpose of providing nationally-recognized evidence of competency and professionalism in construction code enforcement and used to meet the module testing requirements established in Section 5 of this administrative regulation.

(5) "Trainee" means a person who is enrolled in the building inspector program of the office but has not completed the NCPCCI modules necessary to be a Kentucky certified building inspector.

Section 2. Inspection Operations. (1) Each governmental entity engaged in a building inspection program shall have in responsible charge of all construction document approvals, inspections and issuance of certificates of occupancy at least one (1) Kentucky certified building inspector with the level of credentials required for the buildings covered by the program.

(2) A trainee may be utilized in a building inspection program if the trainee operates under the general supervision of a Kentucky certified building inspector.

(a) Trainees shall not issue permits, construction document approval letters, inspection compliance letters or certificates of occupancy.

(b) A trainee holding a current limited certificate shall exercise only the duties authorized by that certificate.

Section 3. Training and Testing Requirements to Become Certified. A candidate seeking certification shall comply with the provisions of this section.

(1) A candidate seeking to become certified pursuant to this administrative regulation and all trainees shall be required to attend orientation training, provided or approved by the department. The training sessions shall be given quarterly.

(2) Continuing education.

(a) The office shall establish continuing education programs, constituting of a minimum of twelve (12) hours of training annually.

(b) Participation in these programs shall be mandatory for all inspectors and trainees in order to maintain certification or continue as a trainee.

(c) An inspector shall provide the office with verification of the required continuing education on form OHBC BC/CE-1, Continuing Education Verification Form.

(3) The executive director, in his discretion, may waive the time requirements in this administrative regulation for hardships shown or if circumstances warrant a waiver due to changes in testing procedures, standards or dates or other reasons which would render strict application unfair.

Section 4. Application for Training and Certification. (1) To become a trainee or a candidate for certification, a person shall submit:

(a) A completed form OHBC BC/CP-1, Initial Application Form for Kentucky Building Code Inspectors Certification Program;

(b) A fifty (50) dollar application fee; and

(2) An applicant shall have:

(a)1. Graduated from high school or earned a general education diploma; and

2.a. Three (3) years experience in a responsible, directly-related construction position, such as a foreman, which required the ability to effectively read and interpret building plans and specifications; or

b. Three (3) years experience in an architect’s or engineer’s office performing building design or drafting duties;

(b) Graduated from a college or university with an associate degree in a design, building technology or construction-related subject; or

(c) Graduated from a college or university with a bachelor degree in architecture, engineering, fire science, or building technology.

(3) A certified inspector or trainee, including an inspector holding a limited certificate, shall be required each year to pay an annual renewal fee of fifty (50) dollars not later than the last day of the certified inspector or trainee's birth month in order to maintain certification and to continue to be registered. If a certified inspector or trainee fails to renew ninety (90) days after the last day of their birth month, an additional fifty (50) dollar fee shall be accrued.

(4) A person shall not engage in any inspection activities for the enforcement of the Kentucky Building Code, or the One- and Two-Family Dwelling Code as adopted within the Kentucky Building Code for application to one (1) and two (2) family dwellings and townhouses, unless that person is currently enrolled with the department and has otherwise complied with the requirements of this administrative regulation.

Section 5. Certification Requirements, Responsibilities and Jurisdiction for Inspectors. (1) One (1) and two (2) family dwelling inspector.

(a) A person shall be classified as a one (1) and two (2) family dwelling inspector if the person has:

1. Been tested for competency under the One- and Two-Family Dwelling Code or the Kentucky Building Code, by passing the following NCPCCI test modules:

a. Test 1A Building One- and Two-Family Dwelling; and

b. Test 4A Mechanical One- and Two-Family Dwelling;

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A one (1) and two (2) family dwelling inspector shall be qualified to perform all functions related to the enforcement of the One- and Two-Family Dwelling Code, including issuing permits, reviewing and approving construction documents, conducting on-site inspections and issuing compliance letters and certificates of occupancy for the construction of one (1) and two (2) family dwellings and townhouses.

(2) Building inspector, level I.

(a) A person shall be classified as a building inspector, level I, if the person has:

1. Been tested for competency under the One- and Two-Family Dwelling Code and the Kentucky Building Code, by passing the following NCPCCI test modules:

a. Test 1A Building One- and Two-Family Dwelling;

b. Test 4A Mechanical One- and Two-Family Dwelling;

c. Test 1B Building General; and

d. Test 3B Fire Protection General;

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A building inspector, level I shall be qualified to perform all functions related to the enforcement of the Kentucky Building Code, including issuing permits, reviewing and approving construction documents, making on-site inspections, and issuing compliance letters and occupancy certificates for all buildings of the occupancy type and size assigned to local governments by KRS 198B.060(2).

(3) Building inspector, level II.

(a) A person shall be classified as a building inspector, level II, if the person has:

1. Been tested for competency under the One- and Two-Family Dwelling Code and the Kentucky Building Code, by passing the following NCPCCI test modules:

a. Test 1A Building One- and Two-Family Dwelling:

b. Test 4A Mechanical One- and Two-Family Dwelling;

c. Test 1B Building General;

d. Test 3B Fire Protection General; and

e. Test 4B Mechanical General;

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A certified building inspector, level II shall be qualified to perform functions related to the enforcement of the Kentucky Building Code for all buildings of the occupancy type and size assigned to local government under KRS 198B.060(2) including issuing permits, reviewing and approving construction documents, making on-site inspections, and issuing compliance letters and certificates of occupancy.

(c) A building inspector, level II shall be qualified to make on-site inspections of all buildings which were assigned to the department pursuant to KRS 198B.060(4).

(4) Building inspector, level III.

(a) A person shall be classified as a building inspector, level III, if the person has:

1. Been tested for competency under the One- and Two-Family Dwelling Code, Mechanical Code and the Kentucky Building Code, by passing the following NCPCCI test modules:

a. Test 1A Building One- and Two-Family Dwelling;

b. Test 4A Mechanical One- and Two-Family Dwelling;

c. Test 1B Building General;

d. Test 3B Fire Protection General;

e. Test 4B Mechanical General;

f. Test 1C Building Plan Review;

g. Test 3C Fire Protection Plan Review; and

h. Test 4C Mechanical Plan Review;

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A building inspector, level III shall be qualified to perform all functions relating to the enforcement of the Kentucky Building Code, including issuing permits, reviewing and approving construction documents, making on-site inspections and issuing compliance letters and certificates of occupancy for all buildings, regardless of size or occupancy type. A local inspector shall not be authorized to perform these functions on buildings assigned to the department by KRS 198B.060(4), except by petition to and approval of more inspection responsibility by the department pursuant to 815 KAR 7:110.

(5) Mechanical inspector, one (1) and two (2) family dwellings.

(a) A person shall be classified as a mechanical inspector of one (1) and two (2) family dwellings if the person has:

1. Been tested for competency under the One- and Two-Family Dwelling Code by passing the NCPCCI test module, Test 4A Mechanical One- and Two-Family Dwelling;

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A mechanical inspector of one (1) and two (2) family dwellings shall be qualified to perform all functions related to the enforcement of the mechanical requirements of the One- and Two-Family Dwelling Code including conducting inspections of one (1) and two (2) family dwelling mechanical installations for compliance.

(6) Mechanical inspector general (other than one (1) and two (2) family dwellings).

(a) A person shall be classified as a mechanical inspector general if the person has:

1. Been tested for competency under the mechanical code, by passing the NCPCCI test module, Test 4B Mechanical General;

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A mechanical inspector general shall be qualified to perform all functions related to the enforcement of the mechanical requirements of the mechanical code including management of mechanical code enforcement activity, supervision of mechanical inspectors or plans examination, performing plans examination for compliance and conducting inspections of structures for compliance.

(7) Mechanical inspector and plan reviewer.

(a) A person shall be classified as a mechanical inspector and plan reviewer if the person has:

1. Been tested for competency under the One- and Two-Family Dwelling Code and the mechanical code, by passing the following NCPCCI test modules:

a. Test 4A Mechanical One- and Two-Family Dwelling;

b. Test 4B Mechanical General; and

c. Test 4C Mechanical Plan Review:

2. Completed the orientation training required by Section 3(1) of this administrative regulation; and

3. Complied with the requirements of this administrative regulation.

(b) A mechanical inspector and plan reviewer shall be qualified to perform all functions related to the enforcement of the mechanical requirements of the one (1) and two (2) family dwelling code and the mechanical code including management of mechanical code enforcement activity, supervision of mechanical inspectors or plans examination, performing plans examination for compliance and conducting inspections of structures for compliance.

(8) Trainees and limited certificates.

(a) A person making inspections pursuant to a limited certificate or as a trainee without a certificate shall be supervised by a Kentucky certified building inspector.

(b) A trainee or a person with a limited certificate shall not issue permits, construction document approval letters, compliance letters or certificates of occupancy, or make any official or final determinations relating to the Kentucky Building Code.

(9) A person making inspections as authorized by this administrative regulation shall not overrule, supplant or order any corrections or alterations which conflict with the approved construction documents. If an inspector believes that the construction documents are wrong or that the construction is in violation of the code, the inspector shall immediately refer the matter to the certified building inspector responsible for approval of the construction documents for resolution.

(10) Upon application by a testing agency, a national code group, or by an applicant for certification, the office may recognize other examinations as equivalent to the listed NCPCCI examinations. The person or group submitting the examination shall demonstrate that the examinations cover the same codes and require the same level of knowledge as the NCPCCI examinations.

Section 6. Suspension and Revocation of Certification. (1) Formal written complaints concerning an inspector shall be submitted to the Office of Housing, Buildings and Construction for review and appropriate action.

(2) Action shall not be taken against a building inspector governed under this administrative regulation until a hearing has been held in accordance with KRS Chapter 13B and the commissioner determines that the inspector is not enforcing the Kentucky Building Code, improperly enforcing the code or violating his responsibilities as an inspector, as required by law.

Section 7. Grandfather Clause. (1) A person who was certified as a building inspector, level l, II or III, or who held a limited certificate on December 15, 1997 shall:

(a) Not be required to take additional test modules to renew the certification, if the person has maintained continuous certification since December 15, 1997; and

(b) Complete the continuing education requirements as established in Section 3 of this administrative regulation prior to renewal of the certificate.

(2) A person who was certified on March 22, 2001, but who seeks to achieve a higher level of certification, shall comply with the testing modules required by this administrative regulation.

Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) Form OHBC -BC/CE 1, Continuing Education Verification Form, March 2005; and

(b) Form OHBC -BC/CP 1, Initial Application Form for Kentucky Building Code Inspectors Certification Program, March 2005.

(2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the Office of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (10 Ky.R. 257; eff. 9-7-83; Am. 13 Ky.R. 1484; 2005; eff. 5-14-87; 14 Ky.R. 632; eff. 11-6-87; 18 Ky.R. 1415; 2258; eff. 1-10-92; 24 Ky.R. 945; eff. 12-15-97; 27 Ky.R. 2238; 2791; eff. 3-22-2001; 31 Ky.R. 1742; 1975; eff. 7-1-05.)