PUBLIC PROTECTION CABINET

Department of Housing, Buildings and Construction

Division of Building Code Enforcement

(Amendment)

 

      815 KAR 7:125. Kentucky Residential Code.

 

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

      (2) Exceptions.

      (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 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

      (b) "2013 Kentucky Residential Code", Third[Second] Edition, December 2015[February 2014].

      (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 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m.

 

STEVEN A. MILBY, Chairman

DAVID A. DICKERSON, Secretary

      APPROVED BY AGENCY: February 22, 2016

      FILED WITH LRC: February 24, 2016 at 10 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 21, 2016, 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 April 14, 2016 (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 May 2, 2016. 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: Victoria M. Kadreva Holmes, Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, phone 502-573-0365, Option 2, fax 502-573-1057.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Victoria M. Kadreva Holmes

      (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: This amendment updates the 2013 Kentucky Residential Code to correct an inadvertent error in the wording of energy code requirements for insulation of basement walls (Section N1102.2.1), in order to conform to both actual current industry practice and original intent of the Kentucky amendment.

      (b) The necessity of the amendment to this administrative regulation: To implement code changes adopted and approved by the Board of Housing, Buildings and Construction during its December 10, 2015 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 the current 2013 Kentucky Residential Code.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment to the 2013 Kentucky Residential Code is intended to enhance clarity and guidance for proper use and application of code requirements and ensure the preservation of current industry practices.

      (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 building 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 new expenses, as this amendment merely corrects language to confirm to current industry practice regarding energy compliance standards for basement wall insulation.

      (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 this regulatory amendment.

      (b) On a continuing basis: There are no anticipated additional costs to administer this regulatory amendment.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Implementation of this amendment is anticipated to result in no additional costs to the agency. Any agency costs resulting from this administrative amendment 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.