2019 Kentucky Revised Statutes Chapter 198B - Housing, buildings, and construction - building code 198B.6675 Powers of department and of authorized local governments to inspect systems -- Powers to restrain and enjoin violations of KRS 198B.650 to 198B.689 -- Representation of department by state and local prosecutors.
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198B.6675 Powers of department and of authorized local governments to inspect
systems -- Powers to restrain and enjoin violations of KRS 198B.650 to
198B.689 -- Representation of department by state and local prosecutors.
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For the purpose of enforcing the provisions of KRS 198B.650 to 198B.689, officers,
agents, and inspectors of the department or an authorized local government shall
have the power and authority to enter upon permitted premises at all reasonable
times with the consent of the property owner in order to make inspections, interview
all persons, and request proof of heating, ventilation, and air conditioning licenses,
installation permits, and other evidence of compliance. Officers, agents, and
inspectors of the department or an authorized local government shall have the
authority to issue a stop-work order to any owner, agent, or occupant of real
property whenever the heating, ventilation, and air conditioning system under
inspection is found to be in violation of KRS 198B.650 to 198B.689 or the Uniform
State Building Code's heating, ventilation, and air conditioning mechanical sections.
Notwithstanding the existence or pursuit of any other civil or criminal penalties, the
department and its officers, agents, and inspectors are authorized to institute and
maintain actions to restrain and enjoin any violation of KRS 198B.650 to 198B.689,
the Uniform State Building Code, the Uniform State Residential Code, or the rules
or the administrative regulations of the department relating thereto.
City and county attorneys, Commonwealth's attorneys, and the Attorney General
may, within their respective jurisdictions, represent the department and its officers,
agents, and inspectors in the enforcement of provisions of KRS 198B.650 to
198B.689, the Uniform State Residential Code, and the Uniform State Building
Code.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 292, effective July 15, 2010. -- Created
2007 Ky. Acts ch. 86, sec. 5, effective January 1, 2009.
Legislative Research Commission Note (4/18/2008). This statute was created by 2007
Ky. Acts ch. 86, sec. 5, to be effective January 1, 2009, pursuant to sec. 12 of that
Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch
Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that
notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12,
the effective date of this statute shall be January 1, 2011.
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