Title XVII, Economic Security and Public Welfare

As used in this chapter, unless otherwise provided: (1) "Assembly occupancy" means the occupancy or use of a building or structure or any portion thereof by a gathering of persons for civic, political, travel, religious, social, or recreational purposes, including among others: (…

advisory committee to be received before promulgating administrative regulations. (1) There is hereby created the Kentucky Department of Housing, Buildings and Construction within the Public Protection Cabinet. The Governor shall appoint a commissioner, subject to Senate confirma…

(1) The Housing, Buildings and Construction Advisory Committee is established within the department and shall be composed of the following seventeen (17) voting members: (a) The commissioner of the department or the commissioner's designee; (b) The state fire marshal or a represe…

The department 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…

(1) 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 f…

section -- Testing and certification requirements -- Standards. (Effective January 1, 2027) (1) As used in this section, unless the context otherwise requires: (a) "Accredited testing facility" means a facility that tests and certifies welders and welding inspectors, and which ha…

compensation coverage requirement -- Informal hearing -- Appeal. (1) Each local government shall employ a building official or inspector and other code enforcement personnel as necessary, or shall contract for inspection and code enforcement services in accordance with subsection…

inspectors. All buildings shall be constructed according to the construction documents approved by the building official having jurisdiction of the building in accordance with KRS 198B.060. No on-site inspector shall order changes in the construction of a building which are contr…

(1) The mayor or county judge/executive of a local government which is enforcing the Uniform State Building Code may, upon the approval of the local legislative body, appoint a local appeals board, consisting of five (5) technically qualified persons with professional experience …

(1) Any interested party may suggest amendments to the Uniform State Building Code to the department. The department shall transmit all suggested amendments to the committee and receive comments from the committee on the advisability of the suggested amendments. (2) The departmen…

Building Code -- Exemptions. (1) Except as otherwise provided in this section, an agritourism building as defined in KRS 247.801 shall comply with the Kentucky Building Code. (2) An agritourism building built prior to December 31, 2016, shall be exempt from the following requirem…

building code administration and enforcement. (1) The department shall create and administer a certification program with sufficient testing procedures to certify the following professional classifications: (a) Building inspector; (b) Plans and specifications inspector; and (c) P…

Licensing. The department shall recognize and honor articulation agreements executed between licensed proprietary schools and public school districts or state area technology centers to allow for academic or training equivalencies needed to obtain licensure in a profession regula…

by department -- Hours of equivalency -- Administrative regulations. (1) The department shall recognize and allow dual credit students receiving directly related on-the-job training equivalencies of internship and cooperative placement hours to count toward the hours necessary to…

Trust and agency fund. (1) The department may establish a building inspectors training program through the promulgation of administrative regulations in accordance with KRS Chapter 13A. The program shall provide training to encourage local governments to establish and improve bui…

Unless explicitly stated, exemption of manufactured or mobile homes from the provisions of this chapter shall not exempt them from provisions of existing law regulating them for the purposes of health, safety, and welfare. Effective:June 29, 2017

The department or any local government agency enforcing the Uniform State Building Code may obtain injunctive relief from any court of competent jurisdiction to enjoin the offering for sale, delivery, use, occupancy or construction of any building on which construction was begun …

(1) Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this chapter or the Uniform State Building Code, has a cause of action in any court of competent j…

materials, or supplies where injury, death, or damage occurs more than five years after completion or incorporation. In any action alleging defective building design, construction, materials, or supplies where the injury, death, or property damage occurs more than five (5) years …

No person shall hinder an inspector enforcing any of the provisions of this chapter in the performance of his lawful duties under this chapter.

usable by persons with a disability -- Compliance required. (1) The department shall promulgate administrative regulations, pursuant to KRS Chapter 13A, applicable to all new and altered buildings which shall establish requirements for making all buildings accessible to and usabl…

The requirements for accessibility as established in 815 KAR 40:010 on November 13, 1974, shall remain in effect until such time as the board shall file new regulations pursuant to KRS 198B.260.

Any proposed change of occupancy to a more restrictive classification, for temporary purposes only, shall not be required to comply with this chapter if prior approval for such use is obtained pursuant to KRS 227.300 and the regulations adopted thereunder.

river in counties with city of first class or consolidated local government and cities within such county. In counties with cities of the first class or a consolidated local government and cities within those counties, a permit to rebuild a commercial business on property contigu…

As used in KRS 198B.310 to 198B.330: (1) "Safety glazing material" means any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic that: (a) Meets the test requirements of the current ANSI standard or other generally accepted industry standard as…

(1) Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in a similar location within the Commonwealth of Kentucky shall be permanently labeled by such means as etching, sandblasting or firing ceramic mater…

It shall be unlawful within the Commonwealth of Kentucky to knowingly sell, fabricate, assemble, glaze, install, consent or cause to be installed glazing materials other than safety glazing materials in, or for use in, any hazardous location.

No liability under KRS 198B.310 to this section shall be created as to workers who are employees of a contractor, subcontractor, or other employer responsible for compliance with KRS 198B.310 to this section.

As used in KRS 198B.400 to 198B.540, unless the context otherwise requires: (1) "Elevator" means all the machinery, construction, apparatus, and equipment used in raising and lowering a car, cage, or platform vertically between permanent rails or guides, and includes all elevator…

elevator mechanic and supervising general contractor -- Exceptions. (1) Only a licensed elevator mechanic working under the general supervision of an elevator contractor may: (a) Erect, construct, alter, replace, maintain, remove, or dismantle any elevator or fixed guideway syste…

Exemption for helper or apprentice -- Applicability to public universities -- Administrative regulations. (1) A person shall not work as an elevator contractor or elevator mechanic unless licensed by the department. A person may work as an elevator helper or apprentice without a …

requirements. (1) An application for licensure as an elevator contractor shall contain the following: (a) For an applicant who is a person or sole proprietor: 1. Name; 2. Residence; and 3. Business address of the applicant; (b) For an applicant that is a partnership: 1. Names of …

requirements. (1) An application for licensure as an elevator mechanic shall contain the following: (a) Name; (b) Residential address; (c) Name and address of the applicant's employer, if employed; (d) The number of years the applicant has engaged in the business of installing, m…

(1) An applicant for licensure as an elevator contractor under KRS 198B.4011 or as an elevator mechanic under KRS 198B.4013 who applies to the department prior to July 1, 2012, shall be licensed by the department without completing the licensure requirements as established in KRS…

Any person, sole proprietor, partnership, or corporation holding a valid elevator or fixed guideway system license from a state that has licensing, educational, and experience requirements substantially equal to or greater than those of KRS 198B.400 to 198B.540, and which grants …

and geographic limitations -- Renewal. (1) The department shall issue emergency elevator mechanic licenses whenever an emergency is declared by the Governor due to disaster, act of God, or work stoppage, and the number of persons in the state holding licenses granted by the depar…

License valid for one year -- Renewal. (1) An elevator contractor shall notify the department when the contractor has a shortage of licensed personnel available, due to a reduction in licensed elevator mechanics employed by the contractor or an increase in work, to perform elevat…

issued under KRS 198B.400 to 198B.540 -- Inactive license. (1) A person licensed under KRS 198B.400 to 198B.540 shall annually, on or before the last day of the licensee's birth month, renew his or her license. (2) A sixty (60) day grace period shall be allowed after the annivers…

program approval if continuing education records falsified. (1) An applicant for the renewal of an elevator contractor license or elevator mechanic license shall submit a certificate of completion from a continuing education course or courses that instruct licensees on new and ex…

Elevator contractors shall submit proof of insurance to the department for an insurance policy issued by an insurance company or other legal entity permitted to transact insurance business in Kentucky, providing: (1) General liability coverage of at least one million dollars ($1,…

The provisions of KRS 198B.400 to 198B.540 shall not be construed to relieve or lessen the responsibility or liability of any person, partnership, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or rep…

guideway system work by unlicensed individual -- Cease-and-desist order. (1) The department shall conduct disciplinary hearings in accordance with KRS Chapter 13B. (2) The commissioner may summarily suspend a license for up to ninety (90) days before a final adjudication or durin…

-- Appeal. (1) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may suspend, revoke, or refuse to renew the license of an elevator contractor or elevator mechanic for any of the following actions by the licensee: (a) Use of false evidence or mis…

If the license of an elevator contractor or elevator mechanic is revoked for any reason, the former licensee may, at the conclusion of the revocation period, reapply for his or her license.

(1) The elevator safety program trust fund is created in the State Treasury as a separate revolving fund to be administered by the department. The trust fund shall consist of amounts deposited in the fund as provided in KRS 198B.530 and any other proceeds from grants, contributio…

Examination -- Issuance -- Reexamination. (1) A person shall not act either as a general inspector or as a special inspector of elevators or fixed guideway systems unless he or she holds a certificate of competency from the department. (2) Application for examination as an inspec…

Qualifications of director -- Appointment of general inspectors -- Investigation of alleged violations of KRS 198B.400 to 198B.540. (1) The department shall administer all aspects of the State Elevator and Fixed Guideway System Inspection Program. (2) The program shall be directe…

From the holders of certificates of competency in the inspection of elevators, any company which is authorized to insure elevators in the state may designate persons to inspect elevators covered by that company's policies, and the municipal government of any city may designate pe…

A certificate to serve as an inspector issued under KRS 198B.410 may be suspended or revoked by the department for the incompetence or untrustworthiness of the holder thereof, or for the falsification of any matter or statement contained in his or her application or in a report o…

If a certificate issued under KRS 198B.410 is lost or destroyed, a new one shall be issued in its place by the department without another examination, upon the payment of a fee of one dollar ($1).