198B.050 Uniform State Building Code

198B.050 Uniform State Building Code.

(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 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) The department shall monitor the effectiveness of agencies designated by local

governments to enforce the provisions of the Uniform State Building Code.

(7) 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

deficiencies.

(8) If the local government fails to correct the deficiencies, the department may preempt

the local program as provided for in KRS 198B.060(4).

(9) 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.