2022 Kentucky Revised Statutes Chapter 198B - Housing, buildings, and construction - building code 198B.030 Department of Housing, Buildings and Construction -- Comments from advisory committee to be received before promulgating administrative regulations.
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198B.030 Department of Housing, Buildings and Construction -- Comments
from advisory committee to be received before promulgating
administrative regulations.
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There is hereby created the Kentucky Department of Housing, Buildings and
Construction within the Public Protection Cabinet. The Governor shall appoint a
commissioner to head the department. The commissioner shall receive for his
or her services such compensation as the Governor shall determine.
The commissioner may employ sufficient staff to carry out the functions of the
commissioner's office. Neither the commissioner nor any member of his or her
staff shall be employed, either directly or indirectly, in any aspect of the building
industry as regulated by this chapter while employed by the Department of
Housing, Buildings and Construction.
The department shall perform all budgeting, procurement, and other
administrative activities necessary for the statewide regulation and
enforcement of building, construction, and inspection standards and codes.
The department or commissioner shall submit any proposed administrative
regulation to the committee and shall not promulgate the administrative
regulation without giving the committee the opportunity to produce written
comments, as required by subsection (8) of this section. If the committee
chooses to produce written comments, the comments shall be attached to any
public submission of the administrative regulation, including any filing under
KRS Chapter 13A.
The department may enter into contracts or agreements with the federal
government, its subdivisions and instrumentalities, other agencies of state
government or with its subdivisions and instrumentalities, or with private profit
or nonprofit organizations in order to effect the purposes of this chapter.
The commissioner shall cooperate with the agencies of the United States and
with the governing bodies and housing authorities of counties, cities, and with
not for profit organizations and area development districts in relation to matters
set forth in this chapter, and in any reasonable manner that may be necessary
for the state to qualify for, and to receive grants or aid from these agencies.
The commissioner shall have the power to comply with each condition and
execute any agreement that may be necessary, convenient, or desirable.
Nothing in this chapter shall preclude any other agency, board, or officer of the
state from being designated as the directing or allocating agency, board, or
officer for the distribution of federal grants and aid, or the performance of other
duties to the extent necessary to qualify for and to receive grants and aid for
programs under the administration of the department.
The commissioner is authorized to receive, for and on behalf of the state and
the department from the United States and agencies thereof, and from any and
all other sources, grants and aid and gifts made for the purpose of providing, or
to assist in providing, any of the programs authorized by this chapter, including
expenses of administration. All funds received under this subsection shall be
paid into the state treasury and credited to a trust and agency fund to be used
by the department in carrying out the provisions of this chapter. No part of this
fund shall revert to the general fund of the Commonwealth.
(a) If the department 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 the committee,
the department shall not promulgate the proposed administrative
regulation without first receiving comments from the committee, subject to
the restrictions of paragraph (b) of this subsection.
(b) 1.
The committee shall be granted a maximum of thirty (30) days to
submit its comments on the proposed regulatory change. This
subparagraph does not apply to an administrative regulation that is a
new emergency administrative regulation.
2.
The time limits in this paragraph shall begin from the day the
department submits the regulatory change and sets a date for a
proposed hearing for the comments of the committee. If the
committee is already scheduled to meet at a time that will give it an
adequate opportunity to review the administrative regulation and
respond, the hearing may be held at that meeting.
3.
If the committee is not scheduled to meet or meets only at the call of
the department, the department shall arrange for the committee to
meet at a time that will allow the committee an adequate opportunity
to review and comment on the regulation within the time limit. If the
committee fails to comment within the time limit, the department may
proceed with the administrative changes at its discretion.
(c) To the extent that any other statute relating to the department's authority
to promulgate administrative regulations conflicts with this section, this
section shall take precedence.
(d) The department may issue advisory opinions and declaratory rulings
related to KRS Chapters 198B, 227, 227A, 236, and 318 and the
administrative regulations promulgated under those chapters.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 3, effective June 29, 2017. -Amended 2011 Ky. Acts ch. 100, sec. 1, effective June 8, 2011. -- Amended
2010 Ky. Acts ch. 24, sec. 247, effective July 15, 2010. -- Amended 2006 Ky.
Acts ch. 167, sec. 1, effective July 12, 2006; and ch. 256, sec. 2, effective July
12, 2006. -- Amended 2004 Ky. Acts ch. 109, sec. 28, effective July 13, 2004. -Created 1978 Ky. Acts ch. 117, sec. 3, effective June 17, 1978.
Legislative Research Commission Note. Acts 1978, ch. 155, sec. 126 (KRS
227.205) created the department of housing, buildings and construction, while
Acts 1978, ch. 117, sec. 3 (KRS 198B.030) created the department of buildings,
housing and construction. Since Acts 1978, ch. 155, sec. 126 was the later
enactment, it prevails.
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