RELATES TO: KRS 132.010(9), (10), 198B.010, 198B.040, 198B.050, 198B.060, 198B.080, 198B.110, 198B.260, 198B.990, 227.550(7)
STATUTORY AUTHORITY: KRS 198B.040(7), 198B.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.040(7) requires the Kentucky Board of Housing, Buildings and Construction to adopt and promulgate a mandatory uniform state building code, based on a model code, which establishes standards for construction of buildings in the state. This administrative regulation establishes the basic mandatory uniform statewide code provisions relating to construction of one (1) and two (2) family dwellings and townhouses.
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" means the commissioner of the Department of Housing, Buildings, and Construction.
(4) "Department" means the Department of Housing, Building, and Construction.
(5) "Farm" means property having a bona fide agricultural or horticultural use as defined by KRS 132.010(9) and (10) that is qualified by and registered with the property valuation administrator in the county in which the property is located.
(6) "KBC" means the Kentucky Building Code as established in 815 KAR 7:120.
(7) "Manufactured home" is defined by KRS 198B.010(23) and 227.550(7).
(8) "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.
(9) "Ordinary repair" is defined by KRS 198B.010(19).
(10) "Single-family dwelling" or "one-family dwelling" means a single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, and which shall not be connected to any other unit or building.
(11) "Two (2) family dwelling" means a building containing not more than two (2) dwelling units that are connected.
Section 2. Mandatory Building Code Requirements for Dwellings. (1) Except as provided in subsection (2) of this section, a single-family dwelling, two (2) family dwelling, or townhouse shall not be constructed unless it is in compliance with the International Residential Code, 2006 for one (1) and two (2) Family Dwellings, as amended by this administrative regulation and the 2007 Kentucky Residential Code.
(a) Permits, inspections, and certificates of occupancy shall not be required for a single-family dwelling unless required by a local ordinance.
(b) All residential occupancies which are not single-family, two-family, or townhouses shall comply with the International Building Code for one (1) and two (2) Family Dwellings, 2006, and the 2007 Kentucky Building Code.
(3) The International Residential Code for one (1) and two (2) Family Dwellings, 2006, shall be amended as established in the 2007 Kentucky Residential Code.
(4) Plans for single-family or one (1) family dwellings, two (2) family dwellings, and townhouses shall be designed and submitted to conform to this administrative regulation.
Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "International Residential Code for One(1)- and Two(2)-Family Dwellings, 2006", International Code Council, Inc., February 2006; and
(b) "2007 Kentucky Residential Code", August 2008, revised August 2011.
(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 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (34 Ky.R. 1328; Am. 1982; eff. 3-7-2008; 38 Ky.R. 695; eff. 1-6-12.)