921 KAR 4:118. Weatherization assistance for low income persons.


      RELATES TO: KRS 194A.030, 10 C.F.R. Part 440, 29 U.S.C. 791, 42 U.S.C. 423, 12102(2), 1382, 6861-6873, 9902(2), Pub.L. 109-58

      STATUTORY AUTHORITY: KRS 194A.050(1), 42 U.S.C. 6861

      NECESSITY, FUNCTION, AND CONFORMITY: 42 U.S.C. 6861 authorizes the states to implement a weatherization program. The Cabinet for Health and Family Services is authorized by KRS 194A.050(1) to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for receipt of federal funds and as are necessary to cooperate with federal agencies for the proper administration of the cabinet and its programs. The function of this administrative regulation is to implement the weatherization program in accordance with applicable federal laws and regulations.


      Section 1. Definitions. (1) "Child at risk" means a dependent child who is at risk of being removed from a family unit by the cabinet due to substandard housing conditions that result in an unsafe or unhealthy living environment.

      (2) "Dwelling" means a structure used for residence by a family unit.

      (3) "Elderly person" means a person who is sixty (60) years of age or older as defined by 10 C.F.R. 440.3.

      (4) "Family unit" means all persons living in the same dwelling.

      (5) "Gross income" means all earned and unearned income received by a family unit during a calendar month prior to the month of application.

      (6) "High residential burden" means energy usage exceeding fifteen (15) percent of gross family unit income.

      (7) "Low Income Home Energy Assistance Program" or "LIHEAP" means a program to help a low income family unit to meet the cost of home energy in accordance with 921 KAR 4:116.

      (8) "Person with a disability" means an individual who has a disability as defined by 42 U.S.C. 12102(2).

      (9) "Poverty level" means the official poverty income guidelines published annually in the Federal Register by the U.S. Department of Health and Human Services, under authority of 42 U.S.C. 9902(2).

      (10) "Service provider" means a community action agency or other nonprofit organization that performs weatherization services.


      Section 2. Eligibility Criteria. (1) A family unit owning a dwelling shall be eligible for weatherization assistance if the family unit:

      (a) Has total gross income at or below 150 percent of poverty level;

      (b) Is eligible for LIHEAP; or

      (c) Receives cash benefits under the Kentucky Transitional Assistance Program or Supplemental Security Income.

      (2) A family unit renting a dwelling shall be eligible for weatherization assistance if the:

      (a) Family unit meets the requirements in subsection (1) of this section; and

      (b) Owner of the rental dwelling and family unit signs a "WX-2, Landlord and Tenant Weatherization Agreement for Rental Property."

      (3) If an owner of a rental dwelling:

      (a) Meets eligibility requirements of subsection (1) of this section, the owner shall be exempt from financial participation for weatherization; or

      (b) Is not eligible for exemption from financial participation, prior to weatherization, the owner shall:

      1. Sign a WX-2 agreeing to:

      a. Not increase the rent as a result of the weatherization performed for a current tenant or any other low income tenant for a period of thirty (30) months, unless the owner demonstrates that the increase is due to improvements other than weatherization; and

      b. Reimburse the service provider for the cost of weatherization if within twelve (12) months of performing weatherization the:

      (i) Dwelling is sold; or

      (ii) Tenant is evicted and the eviction is not the fault of the tenant; and

      2. Contribute for repair or replacement of a heat system amounting to:

      a. Seventy-five (75) percent of cost that exceeds $150;

      b. Fifty (50) percent of the cost, if a family unit occupies a dwelling identified as having a child at risk; or

      c. Twenty-five (25) percent of the cost of weatherization for each dwelling of a multifamily unit.


      Section 3. Dwelling Needs Assessment. An evaluator, trained by the cabinet, shall complete:

      (1) A walk-through inspection of a dwelling interior and immediate surroundings to determine if the dwelling qualifies for weatherization services;

      (2) An energy audit to determine priority measures to be installed based on the condition of a dwelling;

      (3) A blower door test to determine air leakage and tightness of a dwelling;

      (4) A test for accurate performance of a refrigerator;

      (5) A test for accurate performance of a:

      (a) Heating system; and

      (b) Water heater; and

      (6) A test for carbon monoxide.


      Section 4. Weatherization Services. (1) Regular measures for weatherizing a dwelling shall be:

      (a) Replacement of incandescent lamps with fluorescent lamps;

      (b) Insulation;

      (c) Air sealing; and

      (d) Repair or replacement of a refrigerator.

      (2) Health and safety measures for weatherizing a dwelling shall be to:

      (a) Repair or replace a:

      1. Heating system; and

      2. Water heater;

      (b) Install a smoke alarm and a carbon monoxide alarm;

      (c) Locate and eliminate sources of moisture; and

      (d) Provide lead safe weatherization education to a recipient of weatherization services.


      Section 5. Assessment of a Dwelling. (1) A dwelling shall not qualify for weatherization services if:

      (a) An individual residing in the dwelling reports to the service provider a health condition transmittable through casual contact, such as tuberculosis, until a medical professional's statement ensures no health risk to the service provider; or

      (b) The evaluator determines that the following site conditions exist, until repaired:

      1. Asbestos inside of and immediately surrounding the dwelling;

      2. Raw sewage, flea infestation, or other unsanitary conditions on the property of the dwelling that may endanger the health of the evaluator;

      3. Moisture problems that a service provider is unable to correct within the weatherization program as follows:

      a. Standing water in a crawlspace or basement due to inadequate ground or surface water drainage; or

      b. Missing overhangs and gutters which cause blistering paint on the inside of the dwelling;

      4. Presence of lead-based paint associated with dwellings built before 1978, unless lead-safe weatherization work practices can be performed without repairs;

      5. Risk of a fire within the dwelling; or

      6. Mold and mildew within the dwelling.

      (2) A dwelling may qualify for additional weatherization services if:

      (a) The dwelling was weatherized prior to and damaged by a natural disaster, and repair of the weatherization from the natural disaster is not covered by insurance;

      (b) Insufficient materials were installed from a prior weatherization; or

      (c) Weatherization of the dwelling occurred prior to October 1, 1993.


      Section 6. Application and Prioritization. (1) If an applicant owns a dwelling, the applicant shall:

      (a) Provide proof of:

      1. Gross family unit income; and

      2. Ownership of the dwelling with a:

      a. Deed;

      b. Will;

      c. Title registration for a mobile home;

      d. Land contract; or

      e. Notarized statement; and

      (b) Sign the "WX-800, Application and Prioritization" to agree that a service provider shall:

      1. Install every measure as recommended by an evaluator;

      2. Be reimbursed for the cost of weatherization as specified in Section 2(3)(b)1b of this administrative regulation;

      3. Be permitted to inspect the dwelling after weatherization is completed;

      4. Be permitted full access to the dwelling and the immediate surroundings by weatherization staff during all phases of work relating to weatherization; and

      5. Be reimbursed for the cost of expended material and labor if the applicant cancels weatherization on the dwelling prior to completion.

      (2) If an applicant rents a dwelling, the applicant shall meet the requirements of subsection (1)(a)1 and (b) of this section.

      (3) Priority for weatherization shall be given to a family unit which contains:

      (a) An elderly person;

      (b) A person with a disability;

      (c) A dependent child under the age of six (6);

      (d) A child at risk; or

      (e) A high residential burden.

      (4) The weatherization program benefits shall be provided:

      (a) In accordance with:

      1. An amount:

      a. Established annually by the U.S. Department of Energy for regular measures; and

      b. Established by the cabinet and approved by the U.S. Department of Energy for health and safety measures; and

      2. The priority of individuals as specified in subsection (3) of this section; and

      (b) Based on the availability of federal funds as specified in paragraph (a)1 of this subsection.


      Section 7. Right to A Fair Hearing. (1) An individual who is denied assistance, or who files an application that is not acted upon in accordance with Section 6 of this administrative regulation, shall be provided an administrative review by the service provider.

      (2) An individual dissatisfied with the results of an administrative review by the service provider may request a hearing to be held in accordance with 921 KAR 2:055.


      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) WX-2, "Landlord and Tenant Weatherization Agreement for Rental Property", edition 07/06; and

      (b) WX-800, "Application and Prioritization", edition 07/06 ".

                (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Cabinet for Health and Family Services, 275 East Main Street, Frankfort, Kentucky 40621, or at service providers located throughout the state. (Recodified from 904 KAR 6:020, 11-14-84; Am. 12 Ky.R. 273; eff. 9-10-85; 1181; eff. 2-4-86; recodified from 903 KAR 6:020, 8-28-95; Recodified from 904 KAR 2:118, 10-30-98; 31 Ky.R. 880; 1-4-2005; 33 Ky.R. 638; 1098; eff. 10-11-06.)