Download as PDF
99A.030 Codes applicable to residential buildings -- Variances.
(1)
(2)
(3)
Prior to or concurrent with the establishment of a neighborhood redevelopment
zone, the legislative body of the local government shall adopt by ordinance the
BOCA Basic Property Maintenance Code as drafted by the Building Officials
and Codes Administrators International, Inc., and the Kentucky Building Code
which shall be applicable to all residential buildings within the neighborhood
redevelopment zone. The local government shall delegate responsibility for
enforcement to the local agency responsible for local enforcement of the state
building code, or such other agency deemed best qualified to carry out the
responsibilities under this chapter.
Variances from provisions of the Kentucky Building Code may be granted in
specific cases pursuant to the provisions of this subsection.
(a) If a submitted plan for rehabilitation of a residential building is
disapproved by the local enforcement agency for nonconformity with the
building code, the owner or his agent may, in writing, apply to the
Department of Housing, Buildings and Construction for a variance from
the building code with respect to such plans. In making the determination
to approve or disapprove the application for variance, the department
shall consider:
1.
The architectural and historical significance of the structure;
2.
The health, safety, and welfare of the public;
3.
The costs of complying with the standards;
4.
The ability of the applicant to proceed with the project if the variance
is not granted; and
5.
The significance to the neighborhood of the project.
The department may impose a reasonable fee for the evaluation of a
requested variance.
(b) The Department of Housing, Buildings and Construction shall respond in
writing within twenty (20) working days of the application, and such
response shall be binding upon the local enforcement agency. Appeals
from the determination of the Department of Housing, Buildings and
Construction may be taken to the board of appeals.
(c) The Department of Housing, Buildings and Construction shall maintain a
central file of all such determinations, making them available upon
request, to all interested parties, and using them as precedent for other
cases.
(d) The Kentucky Department of Housing, Buildings and Construction, the
Kentucky State Historic Preservation Office, and the Kentucky Housing
Corporation are authorized to establish a joint task force to identify and
recommend changes in the state building code as it applies to the
rehabilitation of existing housing.
The United States Secretary of the Interior's standards of rehabilitation shall
apply to the rehabilitation of the exterior of any housing listed individually on
the National Register of Historic Places or located in an historic district listed on
the National Register of Historic Places.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 86, effective July 15, 2010. -Created 1984 Ky. Acts ch. 174, sec. 4, effective July 13, 1984.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.