PUBLIC PROTECTION CABINET

Department of Housing, Buildings and Construction

Division of Building Code Enforcement

(Amendment)

 

††††† 815 KAR 7:120. Kentucky Building Code.

 

††††† RELATES TO: KRS 132.010[(9), (10)], 198B.010, 198B.040, 198B.050, 198B.060, 198B.080, 198B.110, 198B.260, 198B.990, 227.300, 227.550(7)

††††† STATUTORY AUTHORITY: KRS 198B.040(7), 198B.050

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.040(7) and 198B.050 require the Kentucky Board of Housing, Buildings and Construction to adopt and promulgate a mandatory uniform statewide building code, based on a model code, which establishes standards for construction of buildings in the state. This administrative regulation establishes the Kentucky Building Code's general provisions.

 

††††† Section 1. Definitions. (1) "Board of Housing" or "board" means the Kentucky Board of Housing, Buildings and Construction.

††††† (2) "Building" is defined by KRS 198B.010(4).

††††† (3) "Commissioner" is defined by KRS 198B.010(9).

††††† (4) "Department" is defined by KRS 198B.010(11).

††††† (5) "Farm" means property:

††††† (a) Located outside the corporate limits of a municipality on at least ten (10) acres;

††††† (b) Used for purposes established in the definitions of "agricultural land" and "horticultural land", established in KRS 132.010(9) and (10), respectively; and

††††† (c) Qualified by and registered with the property valuation administrator in that county.

††††† (6) "Fire Code Official" means the State Fire Marshal, fire chief, or other enforcement officer designated by the appointing authority of the jurisdiction for the enforcement of the provisions of KRS 227.300 and the Kentucky Standards of Safety as established in 815 KAR 10:060.

††††† (7) "Industrialized building system" or "building system" is defined by KRS 198B.010(16).

††††† (8) "KBC" means the Kentucky Building Code as established in this administrative regulation.

††††† (9) "Kentucky Residential Code" means the International Residential Code as incorporated by reference and amended for application in Kentucky by 815 KAR 7:125.

††††† (10) "Kentucky Standards of Safety" means the requirements established in 815 KAR 10:060, which serve as the fire prevention code for existing buildings as well as a supplement to this code.

††††† (11) "Manufactured home" is defined by KRS 227.550(7).

††††† (12) "Modular home" means an industrialized building system, which is designed to be used as a residence and that is not a manufactured or mobile home.

††††† (13) "Ordinary repair" is defined by KRS 198B.010(19).

††††† (14) "Single-family dwelling" or "one (1) family dwelling" means a single unit that:

††††† (a) Provides complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation; and

††††† (b) Is not connected to another unit or building.

††††† (15) "Townhouse" means a single-family dwelling unit constructed in a group of three (3) or more attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two (2) sides.

††††† (16) "Two (2) family dwelling" means a building containing not more than two (2) dwelling units that are connected.

 

††††† Section 2. Administration and Enforcement of the Building Code. (1) Notwithstanding the requirements of the 2012 International Building Code, the Kentucky amendments established in the 2013 Kentucky Building Code shall be mandatory and shall supersede any conflicting provision of the international code.

††††† (2)(a) Except as provided in paragraph (b) and (c) of this subsection and as superseded by the provisions of this administrative regulation and the 2013 Kentucky Building Code, the 2012 International Building Code, shall be the mandatory state building code for all buildings constructed in Kentucky.

††††† (b) One (1) and two (2) family dwellings and townhouses shall be governed by 815 KAR 7:125.

††††† (c) Manufactured homes shall be governed by KRS 227.550 through 227.665.

 

††††† Section 3. State Plan Review and Inspection Fees. The fees required by this section shall apply for plan review and inspection by the department. (1) Fast track elective.

††††† (a) A request for expedited site and foundation approval of one (1) week or less, prior to full review of the complete set of construction documents, shall be accompanied by the fee required by Table 121.3.1 in subsection (3) of this section, plus an additional fifty (50) percent of the basic plan review or inspection fee.

††††† (b) The additional fifty (50) percent fee shall not be less than $400 and not more than $3,000.

††††† (c) The entire fee shall be paid with the initial plan submission.

††††† (2) New buildings.

††††† (a) The departmentís inspection fees shall be calculated by:

††††† 1. Multiplying the total building area under construction by the cost per square foot of each occupancy type as listed in subsection (3) of this section; and

††††† 2. Computing the square footage by the outside dimensions of the building.

††††† (b) The fee for a building with multiple or mixed occupancies shall be calculated using the cost per square foot multiplier of the predominant use.

††††† (c) The minimum fee for review of plans pursuant to this subsection shall be $285.

††††† (3) Table 121.3.1, Basic Department Fee Schedule. The basic plan review or inspection fee shall be:

††††† (a) Assembly occupancies, sixteen (16)[fourteen (14)] cents;

††††† (b) Business occupancies, fifteen (15)[thirteen (13)] cents;

††††† (c) Day care centers, fifteen (15)[thirteen (13)] cents;

††††† (d) Educational occupancies, fifteen (15)[thirteen (13)] cents;

††††† (e) High hazard occupancies, sixteen (16)[twelve (12)] cents;

††††† (f) Industrial factories, fifteen (15)[twelve (12)] cents;

††††† (g) Institutional occupancies, sixteen (16)[fourteen (14)] cents;

††††† (h) Mercantile occupancies, fifteen (15)[thirteen (13)] cents;

††††† (i) Residential occupancies, fifteen (15)[thirteen (13)] cents;

††††† (j) Storage, fifteen (15)[eleven (11)] cents; or

††††† (k) Utility and miscellaneous, thirteen (13)[eleven (11)] cents.

††††† (4) Additions to existing buildings.

††††† (a) Plan review fees for additions to existing buildings, which shall not require the entire building to conform to the Kentucky Building Code, shall be calculated in accordance with the schedule listed in subsection (3) of this section by the measurement of the square footage of the addition, as determined by the outside dimensions of the addition.

††††† (b) The minimum fee for review of plans pursuant to this subsection shall be $285[$250].

††††† (5) Change in use.

††††† (a) Plan review fees for existing buildings in which the use group or occupancy type is changed shall be calculated in accordance with the schedule listed in subsection (3) of this section by using the total square footage of the entire building or structure pursuant to the new occupancy type as determined by the outside dimensions.

††††† (b) The minimum fee for review of plans pursuant to this subsection shall be $285[$250].

††††† (6) Alterations and repairs.

††††† (a) Plan review fees for alterations and repairs not otherwise covered by this fee schedule shall be calculated by using the lower result of:

††††† 1. Multiplying the cost for the alterations or repairs by 0.0030[0.0025]; or

††††† 2. Multiplying the total area being altered or repaired by the cost per square foot of each occupancy type listed in the schedule in subsection (3) of this section.

††††† (b) The total square footage shall be determined by the outside dimensions of the area being altered or repaired.

††††† (c) The minimum fee for review of plans pursuant to this subsection shall be $285[$275].

††††† (7) Specialized fees. In addition to the fees established by subsections (1) through (6) of this section, the following fees shall be applied for the specialized plan reviews listed in this subsection:

††††† (a) Table 121.3.9, Automatic Sprinkler Review Fee Schedule:

††††† 1. An inspection of four (4) through twenty-five (25) sprinklers shall be a fee of $150;

††††† 2. An inspection of twenty-six (26) through 100 sprinklers shall be a fee of $200;

††††† 3. An inspection of 101 through 200 sprinklers shall be a fee of $250;

††††† 4. An inspection of 201 through 300 sprinklers shall be a fee of $275;

††††† 5. An inspection of 301 through 400 sprinklers shall be a fee of $325;

††††† 6. An inspection of 401 through 750 sprinklers shall be a fee of $375; and

††††† 7. An inspection of over 750 sprinklers shall be a fee of $375 plus thirty (30) cents per sprinkler over 750.

††††† (b) Fire detection system review fee:

††††† 1. Zero through 20,000 square feet shall be $275; and

††††† 2. Over 20,000 square feet shall be $275 plus thirty (30) dollars for each additional 10,000 square feet in excess of 20,000 square feet.

††††† (c) The standpipe plan review fee shall be $275. The combination stand pipe and riser plans shall be reviewed pursuant to the automatic sprinkler review fee schedule.

††††† (d) Carbon dioxide suppression system review fee:

††††† 1. One (1) through 200 pounds of agent shall be $275; and

††††† 2. Over 200 pounds of agent shall be $275 plus five (5) cents per pound in excess of 200 pounds.

††††† (e) Clean agent suppression system review fee:

††††† 1.a. Up to thirty-five (35) pounds of agent shall be $275; and

††††† b. Over thirty-five (35) pounds shall be $275 plus ten (10) cents per pound in excess of thirty-five (35) pounds; and

††††† 2. The fee for gaseous systems shall be ten (10) cents per cubic foot and not less than $150.

††††† (f) Foam suppression system review fee.

††††† 1. The fee for review of a foam suppression system shall be fifty (50) cents per gallon of foam concentrate if the system is not part of an automatic sprinkler system.

††††† 2. Foam suppression system plans that are submitted as part of an automatic sprinkler system shall be reviewed pursuant to the automatic sprinkler review fee schedule.

††††† 3. The fee for review of plans pursuant to subparagraph 1. of this paragraph shall not be less than $275 or more than $1,500.

††††† (g) The commercial range hood review fee shall be $225 per hood.

††††† (h) Dry chemical systems review fee (except range hoods). The fee for review of:

††††† 1. One (1) through thirty (30) pounds of agent shall be $275; and

††††† 2. Over thirty (30) pounds of agent shall be $275 plus twenty-five (25) cents per pound in excess of thirty (30) pounds.

††††† (i) The flammable, combustible liquids or gases, and hazardous materials plan review fee shall be $100 for the first tank, plus fifty (50) dollars for each additional tank and $100 per piping system including valves, fill pipes, vents, leak detection, spill and overfill detection, cathodic protection, or associated components.

††††† (j) Boiler and unfired pressure vessel fees. Plan review fees of boiler and unfired pressure vessel installations shall be in accordance with 815 KAR 15:027.

 

††††† Section 4. General. All plans shall be designed and submitted to conform to this administrative regulation.

 

††††† Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "2012 International Building Code", First Edition, International Code Council, Inc.; and

††††† (b) "2013 Kentucky Building Code", Third[Second] Edition, August[February] 2014.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m.

AMBROSE WILSON IV, Commissioner

LARRY R. BOND, Acting Secretary

††††† APPROVED BY AGENCY: October 10, 2014

††††† FILED WITH LRC: October 13, 2014 at 4 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2014, at 10:00 a.m., EDT, in the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by November 17, 2014 (five working days prior to the hearing) of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close of business on December 1, 2014. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person:

††††† CONTACT PERSON: Michael T. Davis, General Counsel, Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, phone 502-573-0365, ext. 144, fax 502-573-1057.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Michael T. Davis

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the uniform Kentucky Building Code as required pursuant to KRS 198B.050.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary in order to adopt the Kentucky Building Code as required pursuant to KRS 198B.050.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation utilizes the International Building Code as the basis for construction standards and allows the Board of Housing, Buildings and Construction to make amendments unique to Kentucky after due consideration of equivalent safety measures as required by KRS 198B.050.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation sets forth standards authorized by the statute for the enforcement of the uniform state building code, incorporating all applicable laws into its processes.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: Updates the 2013 Kentucky Building Code to increase the basic plan review and inspection fee for each type of building occupancy by approximately fourteen (14) percent; increase the cost multiplier for calculating the review and inspection fee for alterations or repairs from 0.0025 to 0.0030; and revise the minimum plan review fee from $250 to $285.

††††† (b) The necessity of the amendment to this administrative regulation: The primary reason for the proposed fee increases is significantly increased expenditures beyond agency control, including those associated with Actuarially-Required Retirement Contributions (ARC), the Commonwealth Office of Technology (COT), enacted employee raises, and rising employee healthcare costs. In addition, the Division of Building Code Enforcement is already no longer generating sufficient revenue to sustain its existing fixed expenditures necessary to maintain a minimum level and quality of statewide service. The additional revenue generated from the proposed fee increases will be used to support the existing plan review and inspection program

††††† (c) How the amendment conforms to the content of the authorizing statutes: KRS 198B.050 mandates the Board of Housing, Buildings and Construction to establish a uniform Kentucky Building Code, and KRS 198B.080 authorizes the Board to amend the Code at any time. KRS 198B.060 authorizes the Department to establish a schedule of fees for the functions performed under KRS Chapter 198B. These fee increases were unanimously approved for amendment by the Board on August 21, 2014.

††††† (d) How the amendment will assist in the effective administration of the statutes: This amendment to the Kentucky Building Code is necessary to generate the revenue required for the Division of BCE to maintain its current level of services and sustain its statutorily-mandated plan review and inspection program.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All construction projects subject to plan review and inspection under the Kentucky Building Code will be affected by the amendments to this regulation; architects; engineers; contractors; project managers; businesses; and local government.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including;

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to comply with this administrative regulation or amendment: This amendment does not require new action by building industry tradespersons. It merely updates the existing fees required for the Divisionís plan review and inspection program.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Individuals or contractor entities engaged in building construction and related activities subject to state plan review and inspection will have to pay the appropriate fee from this amended schedule, which sum will vary depending upon the type of occupancy and size of the project

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Benefits will include continued ability to obtain plan approval and inspections at the current time intervals and level of service.

††††† (5) Provide an estimate of how much it will cost to implement this administrative regulation:

††††† (a) Initially: There are no anticipated additional costs to administer these regulatory amendments.

††††† (b) On a continuing basis: There are no anticipated additional costs to administer these regulatory amendments.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Implementation of these amendments is anticipated to result in no additional costs to the agency. Any agency costs resulting from these administrative amendments will be met with existing agency funds, including receipts from the amended fees proposed herein.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This amendment increases the existing schedule of fees for building plan review and inspection. These increases are necessary to cover significantly increased expenditures beyond agency control, including those associated with Actuarially-Required Retirement Contributions (ARC), the Commonwealth Office of Technology (COT), enacted employee raises, and rising employee healthcare costs. OSBD has increased projected Current Receipts for FY15 and FY16 in anticipation of these proposed increases so that expenditures could be covered. In addition, even without these increased expenses, the Division already no longer generates sufficient revenue to sustain its existing expenditures necessary to maintain a minimum level and quality of statewide service. The additional revenue generated from the proposed fee increases will be used to support existing programs with no increase in staffing levels and will more closely bring revenues in line with existing expenditures to cover the agencyís current level of service and actual costs to administer its statutorily-mandated plan review and inspection program.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: See #7 above.

††††† (9) TIERING: Is tiering applied? Tiering is not applied as all builders, contractors, local governments and owners will be subject to the amended requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

††††† 1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department of Housing, Buildings and Construction and local jurisdiction inspection and plan review programs.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. This regulation is authorized by KRS 198B.040(7), 198B.050, 198B.060(18) and 198B.080.

††††† 3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This amendment is anticipated to generate additional annual revenues for the agency of approximately $338,357, for total projected revenue for FY15 of $2,755,188.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This amendment is not anticipated to generate annual revenues consistent with the first year as described above.

††††† (c) How much will it cost to administer this program for the first year? There are no anticipated additional costs to administer this regulatory amendment.

††††† (d) How much will it cost to administer this program for subsequent years? There are no anticipated additional costs to administer this regulatory amendment.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-): †††† Increase.

††††† Expenditures (+/-): Neutral.

††††† Other Explanation: Neutral.