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15.620 Eliminating conflicts among standards.
(1)
(2)
(3)
(4)
Effective January 1, 1977, no inspecting agency shall employ in its inspections
any standard that conflicts with any other standard it employs in the same
inspection or with standards employed by another inspecting agency or by the
federal government.
Inspecting agencies with conflicting standards may enter into agreements
among themselves and with the federal government to eliminate conflicts
among their standards. All such agreements shall be in writing and shall be
filed with the Attorney General.
If inspecting agencies with conflicting standards cannot agree among
themselves or with the federal government on the method for eliminating
conflicts among standards, they shall immediately refer the issue to the
Attorney General. The Attorney General shall determine the method for
resolving the conflict subject to the following requirements:
(a) No inspecting agency shall employ a standard that conflicts with a
standard employed by the federal government;
(b) No local governmental inspecting agency shall employ a standard that
conflicts with a standard employed by an inspecting agency of the state
government;
(c) No city inspecting agency shall employ a standard that conflicts with a
standard employed by an inspecting agency of the county in which it is
located; and
(d) If two (2) or more inspecting agencies of the same level or unit of
government have conflicting standards, only the standard of the
inspecting agency with primary jurisdiction over the condition governed by
the standard, as determined under KRS 15.610, shall be employed,
unless the inspecting agency with primary jurisdiction is prohibited from
employing the standard by paragraph (a), (b), or (c) of this subsection.
In determining the method for eliminating conflicts among standards under
subsection (3) of this section, the Attorney General shall select the method that
he determines will best protect the public health, safety and welfare.
History: Created 1976 Ky. Acts ch. 46, sec. 4.
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