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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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