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198B.040 General powers and duties of the board.
The Kentucky Board of Housing, Buildings and Construction shall have the following
general powers and duties:
(1) To conduct or cause to be conducted studies to determine the needs of the
building industry of Kentucky;
(2) To conduct or cause to be conducted or participate in studies of the costs of
the various factors of building construction and use of buildings and to
recommend programs and procedures which will minimize the cost of buildings,
including the use of energy, while maintaining safety, durability, and comfort;
(3) To administer regulatory legislation relating to buildings and construction;
(4) To assume administrative coordination of the various state construction review
programs and to cooperate with various federal, state, and local agencies in
the programs as they relate to buildings and construction;
(5) To assume administration and coordination of various state housing programs
to include:
(a) Devising and implementing procedures, in conjunction with the
Department for Local Government, for attaining and maintaining an
accurate count of the housing inventory in Kentucky, including information
on the age, physical condition, size, facilities, and amenities of this
housing, and housing constructed and demolished each year;
(b) Designing programs coordinating the elements of housing finance,
production, maintenance, and rehabilitation for the purpose of assuring
the availability of safe, adequate housing in a healthful environment for all
Kentucky citizens;
(c) Establishing or causing to be established public information and
educational programs relating to housing, to include informing Kentucky
citizens about housing and housing related programs that are available on
all levels of government;
(d) Designing and administering, or participating in the design and
administration of educational programs to prepare low income families for
home ownership, and counseling them during their early years as
homeowners;
(e) Promoting educational programs to assist sponsors in the development
and management of low and moderate income housing for sale or rental;
(f) Cooperating with various federal, state, and local agencies in their
programs as they relate to housing; and
(g) Conducting or causing to be conducted studies to determine the housing
preferences of Kentucky citizens and the present and future housing
requirements of the state;
(6) To recommend state building industry policies and goals to the Kentucky
General Assembly;
(7) To adopt and promulgate a mandatory uniform state building code, and parts
thereof, which shall establish standards for the construction of all buildings, as
defined in KRS 198B.010, in the state;
(8) To promulgate administrative regulations providing for the proper construction
of public water purification plants, other than the water treatment equipment
and systems in such plants; provided, however, that any such regulations must
require that applications for permits to build public water purification plants will
be submitted by the department to the Energy and Environment Cabinet for
that cabinet's comments. Any such regulations shall require the Energy and
Environment Cabinet's comments to be completed and submitted to the
department within sixty (60) days;
(9) To promulgate administrative regulations providing for the proper construction
of sewage treatment plants, other than the sewage treatment equipment and
systems in such plants; provided, however, that any such regulations must
require that applications for permits to build public sewage treatment plants will
be submitted by the department to the Energy and Environment Cabinet for
that cabinet's comments. Any such regulations shall require the Energy and
Environment Cabinet's comments to be completed and submitted to the
department within sixty (60) days; and
(10) To promulgate administrative regulations for the safe installation and operation
of plumbing and plumbing fixtures.
(11) (a) As used in this subsection, "main board" means the Kentucky Board of
Housing, Buildings and Construction.
(b) If the main board has proposed a new or amended administrative
regulation that directly and clearly relates to the work of a profession,
class of workers, or industry that is under the authority of any board or
advisory committee that is created by statute and is controlled,
superseded, administratively attached, or affiliated with the main board,
the main board shall not promulgate the proposed administrative
regulation without first receiving comments from the affected board or
advisory committee, subject to the restrictions of paragraph (c) of this
subsection.
(c) 1.
If a proposed administrative regulation affects a board or advisory
committee that qualifies under paragraph (b) of this subsection, the
main board shall distribute the proposed administrative regulation to
the board or advisory committee.
2.
The affected board or advisory committee shall be granted a
maximum of sixty (60) days to submit its comments on the proposed
regulatory change. If the administrative regulation is a new
emergency regulation, the affected board or advisory committee
shall be granted a maximum of thirty (30) days to submit its
comments on the proposed regulatory change.
3.
The time limits in this paragraph shall begin from the day the main
board submits the regulatory change and sets a date for a proposed
hearing for the comments of the affected board or advisory
committee. If the board or advisory committee is already scheduled
to meet at a time that will give it an adequate opportunity to review
the regulation and respond, the hearing may be held at that meeting.
4.
If a board or advisory committee is not scheduled to meet or meets
only at the call of the main board, the main board shall arrange for
the board or advisory committee to meet at a time that will allow the
board or advisory committee an adequate opportunity to review and
comment on the regulation within the time limit. If the affected board
or advisory committee fails to comment within the time limit, the
main board may proceed with the administrative changes at its
discretion.
(d) To the extent that any other statute relating to the main board's authority
to promulgate administrative regulations conflicts with this section, this
section shall take precedence.
(e) If a board or advisory committee chooses to produce written comments,
those comments shall be attached to any public submission of the
administrative regulation, including any filing under KRS Chapter 13A.
(12) Any power or limitation relating to administrative regulations promulgated by
the Kentucky Board of Housing, Buildings and Construction that are subject to
subsection (11) of this section shall also apply to the department and
commissioner as described in KRS 198B.030(8) and (9).
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 100, sec. 2, effective June 8, 2011. -Amended 2010 Ky. Acts ch. 24, sec. 248, effective July 15, 2010; and ch. 117,
sec. 84, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 88,
effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 256, sec. 3, effective
July 12, 2006. -- Amended 1998 Ky. Acts ch. 69, sec. 71, effective July 15,
1998. -- Created 1978 Ky. Acts ch. 117, sec. 4, effective June 17, 1978.
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