815 KAR 7:110. Criteria for expanded local jurisdiction.

815 KAR 7:110. Criteria for expanded local jurisdiction.

RELATES TO: KRS 198B.040(7), 198B.050, 198B.060, 198B.070

STATUTORY AUTHORITY: KRS 198B.050(5), 198B.060(5), (6), (18)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.060(5) and (6) authorizes a local government to petition the executive director to request additional plan review and inspection functions to be allocated to that local government. This administrative regulation establishes the requirements for local building departments to request and be granted expanded building code plan review and inspection jurisdiction and to collect fees for those activities.

Section 1. Uniform Criteria for Granting Expanded Jurisdiction. To petition for expanded jurisdiction pursuant to KRS 198B.060(5), a local government shall comply with the requirements established in this section.

(1) A local government shall complete the Application for Local Expanded Jurisdiction, Form BCE/EJ #1, and submit it to the office together with the supporting documentation required by this administrative regulation.

(2) Certified inspector required. The local government shall employ or contract with a person, firm, or company to perform the plans and specifications inspection or building inspection functions granted to the local government.

(a) The local government shall employ or contract with a certified electrical inspector and other code enforcement personnel and support staff necessary to enforce the Kentucky Building Code within the expanded jurisdiction.

(b) The local government shall have at least one (1) person who is a building inspector level III, pursuant to 815 KAR 7:070 reviewing the plans and specifications and performing building inspections. The designated Level III inspector shall have a minimum of three (3) years experience in that capacity.

(3) Additional personnel. A complete list of code enforcement personnel, including the building inspector level III and certified electrical inspector, that shall be employed or contracted with to enforce the code within the expanded jurisdiction shall be submitted. The list of personnel shall include the name, job title and certification status of each individual.

(4) Construction activity. The local government shall provide documentation of the permits issued and fees collected for the previous calendar year, if any, and an estimation of the anticipated increase in activity with the expanded jurisdiction.

(5) Contracts with other local governments. If a person, firm, or company has been contracted to provide plans and specifications inspection functions and the person, firm, or company provides inspection services for other local governments, the documentation of permit and fee activity required by subsection (4) of this section shall be provided for each of the other local governments.

(6) Official contact person. The local government shall identify:

(a) The name and title of the chief building code official;

(b) The name of the department;

(d) The phone number;

(e) The fax number; and

(f) The e-mail address, if applicable.

(7) Inclusions and exclusions.

(a) A local government's petition for expanded jurisdiction shall include:

1. A complete list of each building occupancy classification and size for which expanded jurisdiction is requested;

2. A complete list of each building occupancy classification and size for which expanded jurisdiction is not requested; and

3. A copy of the local ordinance requiring single family dwelling plan review and inspection or a statement to the effect that the local government elects not to regulate them.

(b) The minimum responsibilities required by KRS 198B.060(2) shall be maintained by the local government, unless specifically agreed otherwise in writing by the local government and the office.

(8) State jurisdiction. The office shall retain plan review, inspection and enforcement responsibility under the Kentucky Building Code for all buildings which are:

(a) Institutional buildings;

(b) Educational buildings or other facilities required to be licensed by the Cabinet for Health and Family Services, including day care centers, hospitals, nursing homes or other similar facilities;

(d) High-hazard occupancies, unless specifically agreed in writing by the local government and the office; and

(e) Industrialized building systems (including modular homes) except for site placement and assembly of modular homes which may be permitted locally upon notification from the office for each instance.

Section 2. Procedures for Maintaining Expanded Jurisdiction. (1) The office shall monitor the program of local governments that have been granted additional responsibility. If the local government is found to be in violation of the requirements of this administrative regulation, the Kentucky Building Code, any terms of their agreement or KRS Chapter 198B, the office may cancel the agreement, rescind the expanded jurisdiction and preempt the local program in its entirety, upon approval of the board.

(2) Each agreement for expanded jurisdiction shall be in effect for three (3) years, unless canceled:

(a) By agreement of the parties in writing; or

(b) Pursuant to subsection (1) of this section.

(3) The local government shall notify the office, within thirty (30) days of any changes in personnel or fees during the contract period.

(4) Before the expiration of the three (3) year agreement for expanded jurisdiction, the office shall reevaluate the building code enforcement program of the local government and make a recommendation to the board regarding continuation of the expanded jurisdiction and renewal of the agreement. Upon approval by the board and the local government, the office shall renew its agreement for another three (3) years.

Section 3. Local Appeals Board. (1) The local government with expanded jurisdiction may establish a local appeals board 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 office, which shall:

(a) Identify the names of each member and their technical qualifications for being appointed to the appeals board; and

(b) Include the method for contacting the local appeals board.

(3) If there is not a local appeals board, all costs incurred in processing the appeal shall be charged to the local government for each appeal filed pursuant to KRS 198B.070(5).

Section 4. One (1) and Two (2) Family Dwellings. (1) The local building inspection program shall not include the plan review and inspection of the construction of one (1) and two (2) family dwellings that are:

(a) Manufactured homes;

(b) Modular homes; or

(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 5. Local Government Fees Schedule. (1) The local fees authorized by KRS 198B.060(18), established for construction projects which continue under state jurisdiction, shall be adjusted to reflect that plan review or inspection functions will not be provided by the local government.

(2) Each local government's petition for expanded jurisdiction shall include a copy of the schedule of fees as adopted by the local legislative body.

Section 6. Incorporation by Reference. (1) Form BCE/EJ #1, Application for Local Expanded Jurisdiction, October, 2007, is incorporated by reference.

(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. (27 Ky.R. 1405; Am. 1812; eff. 1-15-2001; 34 Ky.R. 1224; 1739; eff. 2-1-2008.)