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198B.050 Uniform State Building Code.
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The department shall adopt and promulgate a mandatory Uniform State
Building Code that establishes standards for the construction of all buildings,
as defined in KRS 198B.010, in the state. The code shall provide that the
review and approval, as necessary, of building plans for conformance with the
Uniform State Building Code prior to construction approval shall be conducted
only by the department or a local government or governments delegated such
responsibilities by this chapter, and any exceptions to this policy shall be
explicitly stated in the code.
The code shall be comprehensive and shall include but not be limited to
provisions for general construction; structural quality; mechanical systems to
include heating, cooling, and ventilation; electrical systems; and life safety from
hazards of fire, explosion, and other disasters, whether caused by acts of
nature or man. The code shall encompass the Kentucky State Plumbing Code
promulgated pursuant to KRS 318.130, boiler rules and regulations issued
pursuant to KRS 236.030, and the national electrical code.
This code shall be designed after and may be selected from the models offered
by such model code agencies as the International Code Council, Inc., the
National Fire Protection Association, and other nationally recognized
organizations which may include governmental agencies. The code shall:
(a) Provide uniform standards and requirements for construction and
construction materials;
(b) To the extent practicable, set forth standards, specifications, and
requirements in terms of performance objectives, so as to facilitate the
use of new technologies, techniques, and materials. The code shall not
discriminate in favor of particular suppliers' materials, techniques, or
technologies; and
(c) Protect the public health, safety, and welfare within the state.
The code shall include provisions for the continuing review and possible
adoption of new materials, technologies, and techniques in the building
industry when deemed justified by the department to fulfill the purposes of this
chapter. The department may adopt a model code promulgated by a model
code agency only if that agency provides a method for democratic participation
by the department and any local governments which may enforce the code, in
a continuing review and possible adoption of new materials, technologies, and
techniques in the building industry.
The department shall promulgate administrative regulations, after notice in
accordance with KRS Chapter 13A, which are necessary to implement the
Uniform State Building Code or to carry out any other responsibility assigned to
the department by this chapter.
The department shall monitor the effectiveness of agencies designated by local
governments to enforce the provisions of the Uniform State Building Code.
If the department determines that an agency is not enforcing the provisions of
the Uniform State Building Code, it shall determine where deficiencies exist.
The department shall require the local government to correct the deficiencies
within sixty (60) days and report to the department its method of correcting the
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deficiencies.
If the local government fails to correct the deficiencies, the department may
preempt the local program as provided for in KRS 198B.060(4).
The department shall provide for the supply, including amendments and
revisions thereto, of sufficient copies of the Uniform State Building Code for all
interested parties.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 5, effective June 29, 2017. -Amended 2010 Ky. Acts ch. 24, sec. 249, effective July 15, 2010. -- Amended
1982 Ky. Acts ch. 308, sec. 2, effective July 15, 1982. -- Created 1978 Ky. Acts
ch. 117, sec. 5, effective June 17, 1978.
Legislative Research Commission Note (10/5/90). Pursuant to KRS 7.136(1),
KRS Chapter 13A has been substituted for the prior reference to KRS Chapter
13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky.
Acts ch. 417, 36 and KRS Chapter 13A was created in that same chapter of the
1984 Ky. Acts.
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