CODES

ADOPTS WITH AMENDMENTS:

International Building Code 2015 (IBC 2015)

Chapter 1 Scope and Administration

Part 1 ‒ Scope and Application
Part 2 ‒ Administration and Enforcement

Chapter 2 Definitions

Chapter 3 Use and Occupancy Classification

Chapter 4 Special Detailed Requirements Based on Use and Occupancy

Chapter 5 General Building Heights and Areas

Chapter 6 Types of Construction

Chapter 7 Fire and Smoke Protection Features

Chapter 8 Interior Finishes

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

Chapter 11 Accessibility

Chapter 12 Interior Environment

Chapter 13 Energy Efficiency

Chapter 14 Exterior Walls

Chapter 15 Roof Assemblies and Rooftop Structures

Chapter 16 Structural Design

Chapter 17 Special Inspections and Tests

Chapter 18 Soils and Foundations

Chapter 19 Concrete

Chapter 20 Aluminum

Chapter 21 Masonry

Chapter 22 Steel

Chapter 23 Wood

Chapter 24 Glass and Glazing

Chapter 25 Gypsum Board, Gypsum Panel Products and Plaster

Chapter 26 Plastic

Chapter 27 Electrical

Chapter 28 Mechanical Systems

Chapter 29 Plumbing Systems

Chapter 29 PLUMBING SYSTEMS

Chapter 30 Elevators and Conveying Systems

Chapter 31 Special Construction

Chapter 32 Encroachments Into the Public Right-Of-Way

Chapter 33 Safeguards During Construction

Chapter 34 Reserved

Chapter 34 EXISTING STRUCTURES

Chapter 35 Referenced Standards

Appendix A Employee Qualifications

Appendix B Board of Appeals

Appendix C GROUP U—AGRICULTURAL BUILDINGS

Appendix D Fire Districts

Appendix E Supplementary Accessibility Requirements

Appendix F Rodentproofing

Appendix G Flood-Resistant Construction

Appendix H Signs

Appendix I Patio Covers

Appendix J Grading

Appendix K Administrative Provisions

Appendix L Earthquake Recording Instrumentation

Appendix M Tsunami-Generated Flood Hazard

Part 1 ‒ Scope and Application

101.1 Title

STATE AMENDMENT
These regulations shall be known as the Kentucky Building Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." This edition of the Kentucky Building Code (KBC) is the 2015 International Building Code (IBC) except where specifically amended in these regulations.

101.2 Scope

STATE AMENDMENT
The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, and removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures, whether hereafter erected or, where expressly stated in this code, existing; and whether on land, over water, or on water, permanently moored to land, and substantially a land structure.

Exceptions:
  1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with the InternationalKentucky Residential Code, except that, permits, inspections and certificates of occupancy are required only as set forth in local ordinances for single family dwellings per KRS 198B.060.
  2. Farm dwellings or other farm buildings and structures incident to the operation and maintenance of the farm if the farm structures are located outside the boundary of a municipality and are not used in the business of retail trade or used as a place of regular employment for ten (10) or more people or structures used in the storage or processing of timber products.
  3. Manufactured homes constructed under Federal HUD standards. However, the exterior electric, water, and sewer connections and additions to the home are not exempt.
  4. Swimming pools constructed completely above grade.
Provisions in the appendices shall not apply unless specifically adopted.
Upon application by a religious group whose religious beliefs would be violated by the application of the Kentucky Building Code, Kentucky Residential Code, Kentucky State Plumbing Code, or any of the standards referenced therein, the Department may place the affected building into the “Special Religious Use Group” and waive any requirement of the Kentucky Building Code, the Kentucky Residential Code, the Kentucky State Plumbing Code, or any referenced standard. The Department may place a project into the Special Religious Use Group only if it finds after a hearing that:
  1. The religious group applying for the waiver exists for spiritual and religious purposes and was not formed solely to request this waiver;
  2. The religious group’s belief system conflicts with a requirement of the Kentucky Building Code, Kentucky Residential Code, Kentucky State Plumbing Code, or referenced standard;
  3. The religious group can demonstrate that the portion of its belief system which conflicts with the Kentucky Building Code, Kentucky Residential Code, Kentucky State Plumbing Code, or referenced standard is historical and not created solely in response to the project for which the waiver is being requested;
  4. The waiver is not being requested solely for economic, aesthetic, or convenience reasons;
  5. The waiver would not create a situation so unsafe that there is an overriding interest in protecting the health and safety of the general public; and
  6. The religious group has taken adequate steps to ensure the project will be brought up to code in the event the religious group no longer owns the building or otherwise no longer qualifies for the waiver.

101.3 Intent

STATE AMENDMENT
The purpose of this code is to establish the minimum/maximum requirements to provide a reasonable level of safety, public health, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. Local governments shall not adopt or enforce any other building code; except that the Kentucky Residential Code shall govern detached single-family dwellings, two-family dwellings and townhouses.
The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

101.4.1 Gas

STATE AMENDMENT
The provisions of the International Fuel Gas Code NFPA 54, National Fuel Gas Code, shall apply to the installation of gas piping from the point of delivery, gas appliances, and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.2 Mechanical

STATE AMENDMENT
The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems.

101.4.3 Plumbing

STATE AMENDMENT
The provisions of the International Plumbing CodeKentucky State Plumbing Code shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.All plumbing installations shall be installed under the supervision of a Kentucky Licensed Master Plumber, and inspected and approved by the state plumbing inspector prior to usage.
The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

101.4.4 Electrical

STATE AMENDMENT
The provisions of NFPA 70 shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto. The inspection of electrical installations shall be performed by a Certified Electrical Inspector pursuant to 815 KAR 35:015.

101.4.5 Fire Prevention

STATE AMENDMENT
The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operationnew construction in buildings where specifically referenced in this code, only.

101.4.6 Energy

STATE AMENDMENT
The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency in accordance with Chapter 13 of this code.

101.4.7 Existing Buildings

STATE AMENDMENT
The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to, and relocation of existing buildings in accordance with Chapter 34 of this code.

101.5 Fire safety authority

STATE AMENDMENT
The State Fire Marshal and the local fire code official shall continue to be the authority having jurisdiction for enforcement of the Kentucky Standards of Safety (815 KAR 10:060) in existing buildings not regulated by this code, and for continued fire safety maintenance in buildings constructed and approved under this code.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

102.2 Other Laws

STATE AMENDMENT
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. Other local or state law shall be consulted to determine the existence of other powers given to the building official, such as those related to demolition or authority over unsafe structures unless a change of occupancy as required by Chapter 34 is made or proposed. Otherwise, this code shall not be cited as authority for upgrading existing structures which are not under construction.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. Newer editions of any referenced code or standard may be used to meet the intent of the code in lieu of the adopted edition.

102.4.1 Conflicts

STATE AMENDMENT
Where conflicts occur between provisions of this code and referenced codes and standardsstate law, the provisions of this codestate law shall apply. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the International Codes listed in Section 101.4, the provisions of this code or the International Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.
In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.6 Existing Structures

STATE AMENDMENT
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, or the International Property Maintenance Code or the International Fire Code.Kentucky Standards of Safety (815 KAR 10:060). Application of this code to existing buildings shall apply as required by Section 3401 when alterations, additions, or changes of occupancy as set forth in Chapter 34 of this code are proposed or occur.
A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the International Building Code or International Residential CodeKentucky Building Code or Kentucky Residential Code, as applicable, for new construction or with any current permit for such occupancy.
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Fire Code or International Property Maintenance CodeInternational Existing Building Code, or Kentucky Standards of Safety (815 KAR 10:060), or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

102.6.3 Moved structures

STATE AMENDMENT
Buildings and structures moved into or within the Commonwealth shall comply with the provisions of this code for new buildings and structures and shall not be used or occupied until the certificate of occupancy, if required, has been issued by the building official. This provision does not apply to manufactured homes.

Exception: Industrialized buildings moved into or within the jurisdiction meeting the requirements of Chapter 16 of this code.

Part 2 ‒ Administration and Enforcement

The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The Department of Housing, Buildings and Construction shall carry out all duties and authority as granted in KRS Chapters 198B, 227, 227A, 234, 236 and 318.

103.2 Appointment

STATE AMENDMENT
The building official shall be certified as required by law and be appointed by the chief appointing authority of the jurisdiction.

103.3 Deputies

STATE AMENDMENT
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Property Maintenance Code.

103.3 Certified inspectors

STATE AMENDMENT
The local government shall provide at least one Kentucky Certified Building Inspector, Level I, pursuant to 815 KAR 7:070 and employ or contract with a certified electrical inspector in accordance with KRS 198B.060 (1) and (11). The local government shall report the name of all inspectors to the Department and the Department shall be notified of any changes in inspector personnel.
The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
The building official shall receive applications, review construction documents, and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612.
The building official shall issue necessary notices or orders to ensure compliance with this code.
The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

104.7 Department Records

STATE AMENDMENT
The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records as promulgated by the Kentucky Department of Libraries and Archives pursuant to KRS 171.450.
The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.
The use of used materials that meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

104.10 Modifications

STATE AMENDMENT
Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safetyauthority having jurisdiction.
The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless a determination has been made that:

1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section 1612 inappropriate.

2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

4. A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

5. Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire-resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

104.11.2 Tests

STATE AMENDMENT
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records as promulgated by the Kentucky Department of Libraries and Archives pursuant to KRS 171.450.
By means of the Department’s appeals procedures, the Department may issue interpretations that shall be binding upon the Appellee and the building official. The building official shall implement the provisions of this code to secure its intent as determined by the Department.
Nonstructural alterations or repairs that do not adversely affect a structural member having a required fire-resistance rating, may be made with the same materials of which the structure was constructed.
To determine plan review jurisdiction and whether a registered design professional is required, the calculation of the total square footage and occupant load for a project shall include areas on both sides of fire walls.
The local building official, having a minimum Kentucky Building Inspector Certification of Level I, shall be responsible for the examination and approval of plans and specifications and the inspections necessary to determine compliance for buildings as listed in this section. The determination of jurisdiction shall be based upon occupant load calculations in accordance with Section 1004 of this code.
All buildings classified as assembly occupancies, except churches as indicated in Section 104.15.3, having a capacity that does not exceed 100 persons.
All buildings classified as business occupancies having a capacity that does not exceed 100 persons.

104.15.3 Churches

STATE AMENDMENT
All buildings used for religious or religious fellowship purposes, including family life centers, having a capacity of 400 persons or less; or all buildings used for religious or religious fellowship purposes, including family life centers, having 6,000 square feet (558 m2) or less of total floor area.
All buildings classified as factory or industrial occupancies having a capacity that does not exceed 100 persons.
All buildings classified as mercantile occupancies having a capacity that does not exceed 100 persons.
All buildings classified as residential, storage or utility occupancies that do not exceed three stories in height or 20,000 square feet (1860 m2) of total floor area.

104.15.7 Mixed Occupancies

STATE AMENDMENT
All buildings containing more than one occupancy with a total capacity that does not exceed 100 persons.
Buildings owned by or built on property owned by the Commonwealth shall not be subject to local plan review, inspection, or approval, regardless of size, occupant load or occupancy classification.

104.16 State jurisdiction

STATE AMENDMENT
The Department shall have jurisdiction to review construction documents, issue permits, and make inspections to determine compliance with this code for the buildings listed in Sections 104.16.1 through 104.16.9, and all buildings, except dwellings subject to the Kentucky Residential Code (815 KAR 7:125), where no local building inspection program exists as required by Section 104.15 of this code.
Church buildings used for religious or religious fellowship purposes, including family life centers, having a capacity in excess of 400 persons and exceeding 6,000 square feet (558 m2) of total floor area; and all other buildings classified as assembly occupancies having a capacity in excess of 100 persons.
All buildings classified as business occupancies having a capacity in excess of 100 persons.
All buildings classified as educational, high-hazard, or institutional occupancies regardless of occupant capacity or building size.
All buildings classified as factory or industrial occupancies having a capacity in excess of 100 persons.
All buildings classified as industrialized building systems regardless of occupancy size or occupancy classification.
All buildings classified as mercantile occupancies having a capacity in excess of 100 persons.

104.16.7 Other occupancies

STATE AMENDMENT
All other buildings in excess of three stories or 20,000 square feet (1858 m2) of total floor area.

104.16.8 Mixed Occupancies

STATE AMENDMENT
All buildings containing more than one occupancy with a total capacity in excess of 100 persons.
Buildings owned by or built on property owned by the Commonwealth, regardless of occupancy classification or size.

105.1 Required

STATE AMENDMENT
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
Instead of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradepersons in the building, structure or on the premises owned or operated by the applicant for the permit.
The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated.
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 120 square feet (11 m2).

2. Fences not over 7 feet (2134 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

8. Temporary motion picture, television, and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.Tents and membrane structures having an area of 400 square feet (37 m2) or less.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.
Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safetyauthority having jurisdiction for that purpose. Such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work. New buildings or additions shall be accompanied by a copy of the current site survey bearing the seal and signature of a Kentucky Licensed Land Surveyor, except the building official may, at the building official’s discretion, accept other proof of location.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work.

5. Be signed by the applicant, or the applicant's authorized agent.

6. Give such other data and information as required by the building official.
The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
The building permit or copy shall be kept on the site of the work until the completion of the project.
Local permits shall not be issued for buildings subject to state plan review jurisdiction in accordance with Section 104.16 until the Department has approved construction to begin.
In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.
A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.
It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

107.1 General

STATE AMENDMENT
Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, and other data shall be submitted in two or moreone set with each permit application. Additional plans and documents may be required by the Kentucky Division of Plumbing or by local ordinance for buildings under local plan review jurisdiction. The construction documents shall be prepared by and shall bear the required signature and seal of a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructedSection 122 of this chapter. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

Exceptions:
  1. Seals of registered design professionals shall not be required for tenant space alterations unless the space itself is of a size that would require the registered design professional seals if it were a new building.
  2. The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted where approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.
Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.

107.2.3 Means of Egress

STATE AMENDMENT
The construction documents shall show in sufficient detail the location, construction, size, and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies other than in Groups R-2, R-3 as applicable in Section 101.2, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.
Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.
Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1.
The construction documents shall provide the information specified in Section 1603.
The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
When the building official issues a permit, the Construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance" or “Released for Construction." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant,The construction documents that have been approved or released for construction shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.
The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.
Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.
When Sections 107.1 and 122.1 require construction documents to be prepared by a registered design professional, the registered design professional in responsible charge shall provide on or with the initial application documents presented to the building official the seismic design category, design loads, and other information pertinent to the structural design required by Section 1603 and 1621. If the registered design professional determines that the building or any component part thereof is exempt from any of the seismic construction provisions of this code, a statement to that effect shall be included with the initial application documents presented to the building official.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. The building official shall retain approved construction documents as promulgated by the Kentucky Department of Libraries and Archives pursuant to KRS 171.450.
The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
Temporary structures and uses shall comply with the requirements in Section 3103.

108.3 Temporary Power

STATE AMENDMENT
The building officialPursuant to 815 KAR 35:015, the certified electrical inspector having jurisdiction is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat, or power in NFPA 70.
The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

109.1 Payment of Fees

STATE AMENDMENT
A permit or letter of permission to begin construction shall not be valid until the fees prescribed by lawthe authority having jurisdiction have been paid, nor shall an amendment to a permit or letter of permission to begin construction be released until the additional fee, if any, has been paid.
On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.
The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official.
Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.may be subject to penalties established in KRS Chapters 198B, 227, 227A, 234, 236 and 318. The fee shall be in addition to and equal to the amount of the original

109.5 109.3 Related Fees

STATE AMENDMENT
The payment of the fee for the construction, alteration, or removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

109.6 109.4 Refunds

STATE AMENDMENT
The building official is authorized to establish a refund policy.
Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
The building official, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.10.
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official.
Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved.
Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.
Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

110.3.8 Other Inspections

STATE AMENDMENT
In addition to the inspections specified in Sections 110.3.1 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safetyauthority having jurisdiction.
The final inspection shall be made after all work required by the building permit is completed.
If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection.
The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
Upon completion of the building, the owner or agent of the facility shall request a final inspection. The building official shall set a time for the inspection and notify the owner or agent. If substantial compliance with the approved construction documents and permit has been achieved, a certificate of occupancy shall be issued as described in Section 111. If compliance has not been achieved, violations of the approved construction documents and permit shall be noted and immediately communicated to the owner, agency, or other person holding the permit and the fire code official. Corrections to any deficiencies noted upon inspection shall be the responsibility of the owner or permit holder.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
The inspection of all buildings classified as industrialized building systems, regardless of size or occupancy classification, shall be in accordance with this section.
In-plant inspections in production and manufacturing facilities for industrialized building systems as well as on-site inspection for all industrialized building systems, except those classified as detached one- and two-family dwellings as indicated in Section 110.7.2 shall be conducted by the Department or its authorized agent. The building officialauthority having jurisdiction shall be responsible for inspection of these systems for zoning, water supply, and sewage disposal, and other applicable local ordinance purposes. Approved industrialized buildings shall be acceptable in all jurisdictions as meeting the requirements of the Kentucky Building Code.
On-site construction related to modular home or one- and two-family dwelling installations may be permitted and inspected by the building official. The building official shall be responsible for the inspection of the foundation system, placement of the building, connections of the unit, final set-up of the unit, and the issuance of the certificate of occupancy.
The building official shall cooperate with the fire code official by allowing the fire code official to inspect all buildings during construction. The building official shall consider recommendations made by the fire code official relating to fire safety in construction of a building, shall be considered by the building official, and if a certificate of occupancy is issued contrary to the written recommendations, the building official shall give written notification of the decision to the fire code official immediately.
A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2.

111.2 Certificate Issued

STATE AMENDMENT
After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safetyapplicable law, the building official shall issue a certificate of occupancy that contains the following:

1. The buildings permit number.

2. The address of the structure.

3. The name and address of the owner or the owner's authorized agent.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.
The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.
The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
A person shall not make connections from a utility, source of energy, fuel, or power to any building or system that is regulated by this code for which a permit is required, until released by the building official and applicable licensed or certified persons listed in Section 112.4.

112.2 Temporary Connection

STATE AMENDMENT
The building official and applicable licensed or certified persons listed in Section 112.4 shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, or power.
The building official and applicable licensed or certified persons listed in Section 112.4 shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official or applicable licensed or certified persons listed in Section 112.4 shall notify the serving utility, and wherever possible the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing, as soon as practical thereafter.
The electrical system shall be inspected and approved by a certified electrical inspector pursuant to KRS 227.489 and 815 KAR 35:015. The plumbing system shall be inspected and approved pursuant to KRS Chapter 318 of the Kentucky Revised Statutes and the Kentucky State Plumbing Code as set out in 815 KAR Chapter 20.

113.1 General

STATE AMENDMENT
In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.All appeals from the decisions of building officials shall be conducted in accordance with the appeals provisions of KRS 198B.070. Where a local appeals board exists, a party must first appeal to the local appeals board when aggrieved by a decision of the local building official. The Department shall hear appeals directly from a party aggrieved by the decision of an agent of the Department.
An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
Decisions rendered by the building official with respect to enforcement of the Kentucky Building Code may be appealed by the local fire code official of the jurisdiction if the fire code official is aggrieved by that decision.

113.3 Qualifications

STATE AMENDMENT
The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.

113.3 Local appeals board

STATE AMENDMENT
Local appeals boards may be appointed to hear appeals from the decisions of the local building official in accordance with the provisions of Sections 113.3.1 through 113.3.8.

113.3.1 Appointment

STATE AMENDMENT
The mayor or county judge executive of a local government whichthat is enforcing the Kentucky Building Code may, upon approval of the local legislative body, appoint a local appeals board, consisting of at least five technically qualified persons with professional experience related to the building industry, three of which shall not be employees of the local government, to hear appeals from the decisions of the local building official regarding building code requirements.
Local governments whichthat are enforcing the Kentucky Building Code may cooperate with each other and provide a local appeals board and shall adhere to the provisions of KRS Chapter 65 when entering into a cooperative agreement.
Local building officials or employees of a local inspection department shall not sit on a local appeals board if the local board is hearing an appeal to a decision rendered by the local department. A member of a local appeals board shall not hear an appeal in a case in which the member has a financial interest.

113.3.4 Right to appeal

STATE AMENDMENT
Any party to a decision by the local building official may appeal that decision to the local appeals board. Upon receipt of an appeal from a qualified party, the local appeals board shall convene a hearing to consider the appeal within 15 days of receipt.

113.3.5 Notice of meeting

STATE AMENDMENT
All parties to the appeal shall be notified of the time and place of the hearing by letter sent by certified mail not later than 10 days prior to the date of the hearing.

113.3.6 Board decision

STATE AMENDMENT
The local appeals board shall render a decision within five working days after the hearing. The local appeals board may uphold, amend, or reverse the decision of the local building official, and there shall be no appeal from the decision of the local appeals board other than by appeal to the Department.

113.3.7 Open hearing

STATE AMENDMENT
All hearings before the local appeals board shall be open to the public. The appellant, the appellant’s representative, the building official, and all persons whose interests are affected shall be given an opportunity to be heard.

113.3.7.1 Procedure

STATE AMENDMENT
The local appeals board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received.
The local appeals board shall modify or reverse the decision of the building official by a concurring vote of a majority of voting members after quorum is established.

113.4 Appeals to the State

STATE AMENDMENT
Application for appeal by a property owner may be made when it is claimed that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, an equally good or better form of construction can be used, or that the building official has refused to grant a modification to the provisions of this code covering the manner of construction or material to be used in the erection, alteration, or repair of a building or structure. All appeals shall be submitted in writing.
Appeals to the Department shall be in writing and shall be addressed to the Commissioner of the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412; Attention: Appeals. The appeal shall include citations of those provisions of the Kentucky Building Code, which are at issue, an explanation of why the decision of the state building official or local building official relative to those provisions is being contested, and a copy of the decision rendered by the local appeals board, if any.
The Commissioner shall immediately notify the Department or the five-member committee authorized by the Commissioner when an appeal is received. The Commissioner or a designated employee of the Department shall then investigate the evidence pertaining to the appeal and, based on the results of the investigation, make written recommendations to the Department or committee on the disposition of the case in question, within 30 days.

113.4.3 Employee deferral

STATE AMENDMENT
Employees of the Department shall not investigate or make recommendations on an appeal to his or her decision, but shall defer in this case to employees who are not party to the decision whichthat led to the appeal.
In conducting an investigation, the Commissioner, or the designated representatives acting for the Department, shall have the authority to administer oaths and affirmations, issue subpoenas authorized by law, rule upon offers of proof and receive relevant evidence, take or cause depositions to be taken, regulate the course of any hearings they may schedule, and hold conferences for the settlement or simplification of the issue by consent of the parties.
Pursuant to KRS Chapter 13B, If the issue has not been settled by agreement of the parties within limitations set by Section 113.4.2, the Department shall schedule an administrative hearing on the matter in accordance with KRS Chapter 13B. The cost of any direct appeal to the Department (where there is no local appeals board established) shall be borne by the local government. The Department shall calculate the actual cost of processing the appeal and bill the local government at the conclusion of all proceedings.

113.4.6 Judicial appeals

STATE AMENDMENT
Final orders of the Department are appealable to the Circuit Court in the county in which the property is located.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

114.4 Violation Penalties

STATE AMENDMENT
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by KRS 198B.990 and other applicable law.
Where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

115.4 Limitation on changes

STATE AMENDMENT
No inspector shall be authorized to require changes on-site whichthat are contrary to the approved construction documents. If an inspector finds a code discrepancy in an on-site inspection, the inspector shall refer the matter to the building official having construction document review responsibility who shall require corrections if the code so requires.
Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of Section 105.2.2 and the International Existing Building Code.
Unsafe conditions shall be referred to the fire code official for complaints regarding unsafe conditions in buildings or portions thereof, which are not under construction or under the jurisdiction of the building official.
Hospitals, nursing homes, and other institutional (Groups I-1 and I-2) facilities licensed by the Cabinet for Health and Family Services (CHFS) and inspected under contract with CHFS by the Department of Housing, Buildings and Construction shall comply with the institutional group requirements specified in Chapter 4, including specific references to other sections of this code and the applicable provisions of NFPA 101.

117.2 Day care centers

STATE AMENDMENT
Existing day care centers that comply with the provisions of NFPA 101 and as approved by the State Fire Marshal shall be deemed to satisfy the life safety requirements of this code.

Exception: New day care centers governed by Section 427 of this code and other similar care facilities licensed by the Cabinet for Health and Family ServicesCHFS.

118.1 Compliance with law

STATE AMENDMENT
The issuance of a building permit shall be contingent upon presentation of proof that all contractors and subcontractors employed or that will be employed in the construction, alteration, or repair under the permit are in compliance with the applicable Kentucky worker’s compensation and unemployment insurance law.

118.2 General applicability

STATE AMENDMENT
Compliance with this section shall be achieved by presenting certificates, or other forms approved by law, to the building official issuing the permit.

Section 119 POSTING SIGNS

STATE AMENDMENT

119.1 Posting

STATE AMENDMENT
All signs required by this code to be posted shall be furnished by the owner and shall be of a permanent design. The signs shall not be removed or defaced. Required signs, which are lost, removed, or defaced shall be immediately replaced.

Section 120 EFFECTIVE DATES

STATE AMENDMENT

120.1 General

STATE AMENDMENT
The building official shall accept plans in compliance with the requirements of either the 2013 edition or the 2018 edition of the Kentucky Building Codethis code. All plans submitted on or after JanuaryAugust 1, 2019 shall be designed and submitted to conform to this code.

121.1 General

STATE AMENDMENT
A permit to begin work for new construction, alteration, removal, or other building operations shall not be issued until the fees prescribed by law are paid to the Department, if applicable, and to the local building department. If an amendment to a permit necessitates an additional fee because of an increase in the estimated cost of the work involved, the permit shall not be approved until the additional fee has been paid.

121.2 Special fees

STATE AMENDMENT
Payment of fees for construction, alteration, or removal and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance such as water taps, sewer connections, electrical permits, erection of signs, and display structures, marquees or other appurtenant structures, or fees of inspections or certificates of occupancy or other privileges or requirements established by law.

121.3 State jurisdiction

STATE AMENDMENT
The fees for plan review and inspection functions required by the Department shall be as prescribed in Sections 121.3.1 through 121.3.18, as applicable.

121.3.1 Fee schedule

STATE AMENDMENT
The fees shall be paid in accordance with Table 121.3.1.

TABLE 121.3.1
DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION FEE SCHEDULE
OCCUPANCY TYPE COST PER SQ FOOT
Assembly 16 cents
Business 16 cents
Day care centers 15 cents
Educational 15 cents
High hazard 16 cents
Industrial factories 15 cents
Institutional 16 cents
Mercantile 15 cents
Residential 15 cents
Storage 15 cents
Utility and Miscellaneous 13 cents
Production greenhouses 10 cents
For permit applicants seeking early site and foundation approval prior to full review of the complete set of construction documents, the fee shall be that as calculated from Table 121.3.1 plus 50 percent of the full fee. The additional 50 percent fee shall not be less than $400 and not more than $3,000. The entire fee shall be paid at the time of the initial plan submission to the Department.
All plans and specifications required to be submitted to the Department shall be accompanied by the applicable fee as set forth herein, rounded to the nearest dollar.

121.3.3 Method of payment

STATE AMENDMENT
All fees shall be submitted to the Department of Housing, Buildings and Construction. Checks shall be made payable to the Kentucky State Treasurer.
Approval for construction shall not be issued by the Department until all required fees have been paid.

121.3.5 New construction

STATE AMENDMENT
The plan review fees of the Department for new buildings shall be calculated by multiplying the total building area under construction by the cost per square foot of each occupancy type as listed in Table 121.3.1. The total square footage shall be determined by the outside dimensions of the building. The minimum fee for review of plans under this section shall be $285. The fee for buildings with multiple or mixed occupancies may be calculated using the cost per square foot multiplier of the predominant use.
Plan review fees for additions to existing buildings, which do not require the entire building to conform to the Kentucky Building Codethis code, shall be calculated in accordance with Table 121.3.1 by the measurement of the square footage of the addition, as determined by the total building area of the addition. Minimum fee for review of plans under this section shall be $285.

121.3.7 Change in use

STATE AMENDMENT
Plan review fees for existing buildings in which the group or occupancy type is changed shall be calculated in accordance with Table 121.3.1 by using the total square footage of the entire building or structure under the new occupancy type as determined by the total building area of that portion affected by the change of use. Minimum fee for review of plans under this section shall be $285.
Plan review fees for alterations and repairs not otherwise covered by this fee schedule shall be calculated by multiplying the cost for the alterations or repairs by 0.0030; or calculated by multiplying the total area being altered or repaired by the cost per square foot of each occupancy type as listed in Table 121.3.1, whichever is less. The total square footage shall be determined by the outside dimensions of the area being altered or repaired. The minimum fee for review of plans under this section shall be $285.

121.3.9 Specialized fees

STATE AMENDMENT
In addition to the above fees, the fees in Table 121.3.9 shall be applied for the specialized plan reviews listed.

TABLE 121.3.9
AUTOMATIC SPRINKLER PLAN REVIEW FEE SCHEDULE
NUMBER OF SPRINKLERS FEE
4 – 025 $150
026-100 $200
101-200 $250
201-300 $275
301-400 $325
401-750 $375
OVER 750 $375 plus 30 cents per sprinkler over 750
Up to 20,000 square feet shall be $275; over 20,000 square feet shall be $275 plus $30 for each additional 10,000 square feet in excess of 20,000 square feet.
$275 (combination standpipe and riser plans shall be reviewed under the automatic sprinkler review fee schedule).
Up to 200 pounds of agent shall be $275; over 200 pounds of agent shall be $275 plus 5 cents per pound in excess of 200 pounds.
Up to 35 pounds of agent shall be $275; over 35 pounds shall be $275 plus 10 cents per pound in excess of 35 pounds. The fee for gaseous systems shall be 10 cents per cubic foot and not less than $150.
50 cents per gallon of foam concentrate where the system is not part of an automatic sprinkler system. Foam suppression system plans that are submitted as part of an automatic sprinkler system shall be reviewed under the automatic sprinkler review fee schedule. The fee for review of plans under this section shall not be less than $275 or more than $1,500.
$225 per hood including range hood extinguishing system review when those plans are submitted together.
$150 per system when the range hood extinguishing system is submitted separate from the range hood system.
Up to 30 pounds of agent shall be $275: over 30 pounds of agent shall be $275 plus 25 cents per pound in excess of 30 pounds.
Seating systems having up to 1000 seats shall be $275; over 1000 seats shall be $275 plus $20 for each additional 200 seats in excess of 1000 seats. The total number of seats in seating systems without dividing arms shall be calculated at 18 inches per seat as required by Section 1004.4 of this code.
For tents, temporary structures, or buildings used for the retail sales of consumer fireworks, the fees shall be:

121.3.18.2 Store:

STATE AMENDMENT
$250
13 cents per square foot.

121.4 Local jurisdiction

STATE AMENDMENT
Each local government shall adopt its own schedule of reasonable fees for building permits and the performance of functions under this code. The fees shall be designed to cover fully the cost of the service performed but shall not exceed the cost of the service performed.

121.5 Accounting

STATE AMENDMENT
The building official shall keep an accurate account of all fees collected.

122.1 General

STATE AMENDMENT
All construction documents required by Section 107.1 are to be prepared by a registered design professional, and bear the required signature and seals as indicated in Table 122.1. Table 122.1 is a summary of KRS 322 and KRS 323 whichthat establishes, based on use and occupancy of a building or structure, when a registered design professional is required. Where there is a conflict between Table 122.1 and KRS 322 or KRS 323, the KRS shall apply.

Exception: Seals of registered design professionals shall not be required for tenant space alterations unless the space itself is of a size that would require the seal if it were a new building. This exception does not apply to the initial tenant fit-up.

TABLE 122.1
REGISTERED DESIGN PROFESSIONAL SEALS
NOTE: Projects involving new structures, additions or renovations require registered design professional services when the building size or calculated occupant load exceeds the limits indicated by Table 122.1.
GROUP CLASSIFICATION OR SPECIAL USE BUILDING SIZE e (square feet) CALCULATED e OCCUPANT LOAD ARCHITECTh ENGINEER EITHER NONE
Assembly - 100a X X - -
Business 10,000 100 X X - -
Educational Any size Any size X X - -
Factory & industrial 20,000 - - - X -
High hazard Any size Any size - - X -
Institutional Any size Any size X X - -
Mercantile - 100 X X - -
Residential 12 dwelling units 50g X X - -
Storage e 20,000 - - - X -
Public works projects Any Any - - X -
SPECIAL USES
Church buildings f 6,000 400 X X - -
Day care 3,500b 100b X X - -
Farm Structures Any size Any size - - - X
Mixed uses Note c Note c X C - X-
Smaller buildings Note d Note d - - - X
Non-building structures - - - - - X
For SI: 1 square foot = 0.093 m2.
  1. Assembly uses having 700 square feet to 1,500 square feet may actually have calculated occupant load exceeding 100 persons depending on the specific use of assembly areas.
  2. Net floor area occupied by clients is 35 square feet per client and calculated occupant load is actually client load.
  3. Buildings having two or more different uses require both architect and engineer when the combined calculated occupant load exceeds 100 persons, unless the mixed uses are exclusively factory, high hazard or storage.
  4. Smaller buildings of any use having total area or calculated occupant load less than specified for that use do not require registered design professional services.
  5. Projects involving additions to existing buildings shall include existing building areas and/or calculated occupant loads when determining requirements for registered design professional services. Use the actual occupant load if it is greater than the calculated occupant load.
  6. No architect or engineer is required unless the church building size reaches 6,000 total square feet or a calculated occupant load of 400 persons.
  7. The number of dwelling units shall be the determining factor. However, for a dormitory or boarding home, the occupant load shall be determined by area or actual occupant load.
  8. No architect is required for an agritourism building built prior to December 31, 2016, unless the agritourism building size exceeds 6,000 total square feet or a calculated occupant load in excess of 400 persons.

122.2 Special inspections

STATE AMENDMENT
Special inspections shall be made as required by and in accordance with Chapter 17.

122.2.1 Code assurances

STATE AMENDMENT
If construction began on a building prior to approval by the building official or the construction does not conform to the approved construction documents or the standards required by thethis code, the building official may require special inspections and reports if necessary to ensure safety.

122.2.2 Fees and costs

STATE AMENDMENT
Fees and costs related to the performance of special inspections by professional services shall be borne by the owner.
All work involving HVAC as defined and required byshall comply with KRS Chapter 198B shall be provided by a licensed Journeyman HVAC Mechanic working under the supervision of a licensed Master HVAC Contractorand 815 KAR Chapter 8. The building official may require proof of licensure when making inspections.

122.4 Quality work

STATE AMENDMENT
All work shall be conducted, installed, and completed in a workmanlike and acceptable manner so as to ensure the results intended by this code.
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