PUBLIC PROTECTION CABINET
Department of Housing, Buildings and Construction
Division of Building Code Enforcement
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 is not 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 2012 International Residential Code for One (1) and Two (2) Family Dwellings, as amended by this administrative regulation and the 2013 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.
All residential occupancies that are not single-family, two (2) family[
or townhouses shall comply with the 2012 International Building Code for One
(1) and Two (2) Family Dwellings and the 2013 Kentucky Building Code.
(3) The 2012 International Residential Code for One (1) and Two (2) Family Dwellings shall be amended as established in the 2013 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) "2012 International Residential Code for One (1) and Two (2) Family Dwellings," International Code Council, Inc.; and
"2013 Kentucky Residential Code", Second Edition, February 2014[
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 40601-5412[
Monday through Friday, 8 a.m. to 4:30 p.m.
AMBROSE WILSON IV, Chairman
JACK COLEMAN, Deputy Commissioner
ROBERT D. VANCE, Secretary
APPROVED BY AGENCY: April 7, 2014
FILED WITH LRC: April 8, 2014 at noon
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Thursday, May 22, 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 Thursday, May 15, 2014 (five (5) 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 the close of business on June 2, 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 Residential 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 Residential 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 Residential 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 residential 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 Residential Code to correct inadvertent typographical, citation and formatting errors that were not identified earlier this year when this administrative regulation was originally amended to establish the 2013 Kentucky Residential Code. In addition, this amendment corrects inadvertent omissions from the 2013 KRC to restore language that was adopted by the Board of Housing, Buildings and Construction during its May 2013 meeting but omitted as a result of drafting errors. These sections include the restoration of Section R802 (Wood Roof Framing), Chapter 11 (Energy Efficiency), and Appendix G (Swimming Pools), and the deletion of Chapter 33 (Storm Drainage). Also, this amendment reflects new amendments to Section R502 (Wood Floor Framing) and associated Table R602.3(1) to establish new safety provisions for the fastening of steel columns and beams. Finally, this amendment updates the KRC to adopt the 2014 edition of the National Electrical Code (NEC).
(b) The necessity of the amendment to this administrative regulation: To implement code changes originally approved by the Board of Housing, Buildings and Construction during its May 2013 meeting, December 2013 meeting, and February 2014 meeting.
(c) How the amendment conforms to the content of the authorizing statutes: KRS 198B mandates the Board of Housing, Buildings and Construction to establish a uniform Kentucky Building Code. These amendments were approved by the Board and by the Single Family Dwellings Advisory Committee to update, correct and amend the current 2013 Kentucky Residential Code.
(d) How the amendment will assist in the effective administration of the statutes: These amendments to the Kentucky Residential Code are intended to enhance public safety and to allow the construction industry to utilize an updated version of the model code and its referenced codes and standards as well as provide clarification regarding wood roof framing, swimming pools, and storm drainage constructed in accordance with the Kentucky Residential Code.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Construction projects subject to the Kentucky Residential 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: The identified entities must comply with the new amendments to the residential code.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Affected entities are not anticipated to incur any substantial new expenses, as this amendment primarily corrects citations, typographical and formatting errors, and restores missing references to some preexisting standards. Moreover, increased expenses associated related to compliance with updated electrical and energy codes are anticipated to be minimal and subject to offset or pass through.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Benefits will include increased clarity of existing standards.
(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.
(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 will not necessitate an increase in fees or require funding to the Department for implementation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: There are no fees directly or indirectly increased by this administrative regulation amendment.
(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) and KRS 198B.050.
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 not anticipated to generate additional revenues for the agency.
(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 additional revenues for the agency.
(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 (+/-): Neutral.
Expenditures (+/-): Neutral.
Other Explanation: Neutral.