CODES

ADOPTS WITH AMENDMENTS:

International Residential Code 2015 (IRC 2015)

Part I — Administrative

Part II — Definitions

Part III — Building Planning and Construction

Part IV — Energy Conservation

Part V — Mechanical

Part VI — Fuel Gas

Part VII — Plumbing

Part VIII — Electrical

Part IX — Referenced Standards

Heads up: There are no suggested sections in this chapter.
Heads up: There are no amended sections in this chapter.

Chapter 1 Scope and Administration

AMENDMENT
This section has been amended at the state or city level.

Part 1 — Scope and Application

R101.1 Title

AMENDMENT
This section has been amended at the state or city level.
These provisions shall be known as the Kentucky Residential Code for One- and Two-family Dwellings of [NAME OF JURISDICTION], and shall be cited as such and will be referred to herein as "this code."

R101.2 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of the International Kentucky Residential Code for One- and Two-family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and 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.

Exceptions:
  1. Live/work units located in townhouses and complying with the requirements of Section 419 of the InternationalKentucky Building Code shall be permitted to be built asconstructed in accordance with the International Residential Code for one- and two-family dwellings or townhouses. Fire suppression required by Section 419.5 of the InternationalKentucky Building Code wherewhen constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section P2904.
  2. Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the InternationalKentucky Residential Code for One- and Two-family Dwellings wherewhen equipped with a fire sprinkler system in accordance with Section P2904.
  3. Farm dwellings and other buildings and structures located on farms which are incident to the operation of the farm and located outside the boundary of a municipality; but only if they are not used in the business of retail trade, as a regular place of work for 10 or more people, or for the processing or storage of timber products.
  4. Manufactured homes constructed under federal HUD standards. However, the exterior electric, water, and sewer connections and additions to the home are not exempt.
  5. Swimming pools constructed completely above grade.

R101.3 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of this code is to establish minimum and maximum requirements to safeguard the public safety, health, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. Local governments shall not adopt or enforce any other building code for detached single family dwellings, two-family dwellings and townhouses.

R101.4 Other Residential Buildings

AMENDMENT
This section has been amended at the state or city level.
Multiple single-family dwellings (townhouses) over three stories above grade in height or without separate entrances shall comply with the Kentucky Building Code (KBC).

R101.5 Accepted Practices

AMENDMENT
This section has been amended at the state or city level.
In the absence of provisions not specifically contained in this code or final decisions of the appeals board, the specification and standards listed in Chapter 44 shall be deemed to represent accepted engineering practice with respect to materials, equipment, systems, or method of construction as specified and shall be acceptable.

R101.6 Licensed HVAC Contractors

AMENDMENT
This section has been amended at the state or city level.
All work involving HVAC shall comply with KRS Chapter 198B and 815 KAR Chapter 8. The building official shall require proof of licensure when making inspections.

R101.7 Plumbing Contractors and Inspections

AMENDMENT
This section has been amended at the state or city level.
All plumbing installations shall be performed in compliance with KRS Chapter 318 and 815 KAR Chapter 20. The building official shall require proof of licensure when making inspections.

R101.8 Electrical Contractors and Inspections

AMENDMENT
This section has been amended at the state or city level.
All electrical installations shall be performed in compliance with KRS 227.450 through 227.530, KRS Chapter 227A, and 815 KAR Chapter 35. The building official shall require proof of licensure when making inspections.
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.

R102.2 Other Laws

AMENDMENT
This section has been amended at the state or city level.
The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law. Other local, state, or federal 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; however, a local ordinance shall not establish any additional or contradictory building construction standard than those adopted in this code.
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 R102.4.1 and R102.4.2.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions 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, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

R102.5 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the appendices of the 2016 Kentucky Residential Code shall not apply unless specifically referenced in the adopting ordinance.

R102.5.1 Appendix K, Sound Transmission

AMENDMENT
This section has been amended at the state or city level.
The provisions found in Appendix K shall apply to wall and floor-ceiling assemblies separating dwelling units including those separating townhouses.

R102.5.2 Appendix R, Light Straw-Clay Construction

AMENDMENT
This section has been amended at the state or city level.
The provisions found in Appendix R shall apply to light straw clay construction as a nonbearing building material and wall infill systems.

R102.5.3 Appendix S, Strawbale Construction

AMENDMENT
This section has been amended at the state or city level.
The provisions found in Appendix S provides prescriptive and performance-based requirements for the use of baled straw as a building material.
In the event 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.

R102.7 Existing Structures

AMENDMENT
This section has been amended at the state or city level.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Codelocally adopted property maintenance code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

R102.8 Plumbing

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Kentucky State Plumbing Code shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances.

R102.9 Electrical

AMENDMENT
This section has been amended at the state or city level.
The electrical system shall be installed in compliance with NFPA 70 as adopted by the Commonwealth of Kentucky.

Part 2 — Administration and Enforcement

Section R103 Department of Building Safety Inspection Program

AMENDMENT
This section has been amended at the state or city level.
The department of building safety is hereby created and the official in charge thereof shall be known as the building official.
The building official shall be appointed by the jurisdiction.

R103.2.1 Certified Inspectors

AMENDMENT
This section has been amended at the state or city level.
The local government shall provide at least one Kentucky Certified Building Inspector, Level I, certified pursuant to 815 KAR 7:070, and at least one certified electrical inspector, certified according to 815 KAR 35:015. The local government shall report the name of all inspectors to the Department and shall notify the Department of any changes in inspection personnel. To enforce the residential code only, the local government shall provide at least one inspector that has achieved 1 & 2 Family Dwelling Certification.

R103.3 Deputies

AMENDMENT
This section has been amended at the state or city level.
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. These appointments shall meet the requirements of 815 KAR 7:070 for certification associated with their job duties.
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 conformance 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 of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
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 or designee 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, the owner's authorized agent, 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.

R104.7 Department Records

AMENDMENT
This section has been amended at the state or city level.
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 the 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 rendered civilly or criminally 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.
Used materials, equipment and devices shall not be reused unless approved by the building official.
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, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, 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 safety.

R104.10.1 Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2(1) unless a determination has been made that: related to flood hazard areas as established by local jurisdiction without the granting of a variance to such provisions by the board of appeals.
  1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section R322 inappropriate.
  2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.
  3. The granting of modification 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. The modification is the minimum necessary to afford relief, considering the flood hazard.
  5. 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, has been submitted to the applicant. related to flood hazard areas as established by local jurisdiction without the granting of a variance to such provisions by the board of appeals.
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. Compliance with the specific performance-based provisions of the International Codes shall be an alternative to the specific requirements of this code. 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.
Where 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.
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.

R105.2 Work Exempt From Permit

AMENDMENT
This section has been amended at the state or city level.
Exemption 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 that the floor area does not exceed 200 square feet (18.58 m2).
  2. Fences not over 7 feet (21341829 mm) high.
  3. Retaining walls that are not over 4 feet (1219 mm) in height measured from grade at the bottom of the footing to the top of thewall to the top of the wall, unless supporting a surcharge.
  4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18927L) and the ratio of height to diameter or width does not exceed 2 to 1.
  5. Sidewalks and driveways.
  6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
  7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
  8. Swings and other playground equipment.
  9. Window awnings supported by an exterior wall thatwhich do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
  10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
Electrical:
  1. Listed cord-and-plug connected temporary decorative lighting.
  2. Reinstallation of attachment plug receptacles but not the outlets therefor.
  3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
  4. Electrical wiring, devices, appliances, apparatus or equipment operatingoperations at less than 25 volts and not capable of supplying more than 50 watts of energy.
  5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
  6. The provisions of this code shall not apply to electrical equipment used for radio and television transmissions.
  7. The installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
Gas:
  1. Portable heating, cooking or clothes drying appliances.
  2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
  3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
  1. Portable heating appliances.
  2. Portable ventilation appliancesequipment.
  3. Portable cooling units.
  4. Steam, hot,- or chilled- water piping within any heating or cooling equipment regulated by this code.
  5. Replacement of any minor part that which does not alter its approval of equipment or make such equipment it unsafe.
  6. Portable evaporative coolers.;
  7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that areand actuated by motors of 1 horsepower (746 W) or less.
  8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Plumbing:
  1. The stopping of leaks in drains, water, soil, waste, or vent pipe; provided, however, that if any concealed trap, drainpipe, 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 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, metering or other related equipment that is under the ownership and control of public service agencies by established right.

R105.3 Application for Permit

AMENDMENT
This section has been amended at the state or city level.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose by the department of building safety for that purpose authority having jurisdiction. 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 building or additions shall be accompanied by a copy of the current site survey bearing the seal of a Kentucky Registered 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 inby Section R106.1.
  5. State the valuation of the proposed work.
  6. Be signed by the applicant or the applicant's authorized agent.
  7. 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.
For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R322.

For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its predamaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:
  1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.
  2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:
    1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.
    2. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.
    3. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.
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 180 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 authorized by such permit is commenced within 180 days after its issuance, or if the work authorized 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 a copy shall be kept on the site of the work until the completion of the project.
It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical or plumbing systems, for which this code is applicable, to comply with this code.
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.

R106.1 Submittal Documents

AMENDMENT
This section has been amended at the state or city level.
Submittal documents consisting of construction documents, and other data shall be submitted in two or more sets with each application for a permit. The construction documents shall be prepared by a registereddesign professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registeredlicensed design professional.

Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registeredlicensed design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code.
Construction documents shall be 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.
Manufacturer's installation instructions, as required by this code, shall be available on the job site at the time of inspection.

R106.1.3 Information on Braced Wall Design

AMENDMENT
This section has been amended at the state or city level.
For buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.

UpCodes note: In the 2018 Kentucky Residential Code Second Edition, Section R106.1.4 was renumbered as Section R106.1.3. It was unclear, however, if they wanted to delete the original Section R106.1.3 of the 2015 International Residential Code.

R106.1.4 R106.1.3 Information for on Construction in Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), local jurisdiction or floodplain manager, floor construction documents shall include:
  1. Delineation of flood hazard areas, floodway boundaries, and flood zones and the design flood elevation, as appropriate.;
  2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.;
  3. The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (V zone); and in Coastal A Zones where such zones are delineated on flood hazard maps identified in Table R301.2(1) or otherwise delineated by the jurisdiction.
  4. If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.

R106.2 Site Plan or Plot Plan

AMENDMENT
This section has been amended at the state or city level.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines, the established street grades and the proposed finished grades, 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 wherewhen the application for permit is for alteration or repair or wherewhen otherwise warranted.
The building official shall examine or cause to be examined construction documents for code compliance.
Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp that states "REVIEWED FOR CODE COMPLIANCE." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, 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.
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.

R106.5 Retention of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
The building official, as required by the Kentucky Department ofLibraries and Archives administrative regulations, shall retainOne set of approved construction documentshall 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 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 conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.

R107.3 Temporary Power

AMENDMENT
This section has been amended at the state or city level.
The building official isand the applicable licensed and certified inspector listed in Section 101.8 are 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.
A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit 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.
Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.
The payment of the fee for the construction, alteration, 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.
The building official is authorized to establish a refund policy.

R108.6 Work Commencing Before Permit Issuance

AMENDMENT
This section has been amended at the state or city level.
Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shallmay be subject to a feepenalties established by the applicable governing authority thatin KRS Chapters 198B, 227, 227A, 234, 236 and 318. The fee shall be in addition to the required permit fees and equal to the amount of the original fee.

R108.7 Accounting

AMENDMENT
This section has been amended at the state or city level.
The building official shall keep an accurate account of all fees collected, and such collected fees shall be deposited monthly in the jurisdiction treasury, or otherwise disposed of as required by law.

R109.1 Types of Inspections

AMENDMENT
This section has been amended at the state or city level.
For on-siteonsite construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code. 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 permit applicant 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.
Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.
Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.

Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105.28 prior to inspection shall be permitted.

R109.1.3 Floodplain Inspections

AMENDMENT
This section has been amended at the state or city level.
For construction in flood hazard areas areas prone to flooding as established by Table R301.2(1)local jurisdiction, upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R322.
Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.
In addition to inspections in Sections R109.1.1 through R109.1.4, the building official shall have the authority to make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.
Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after lathing or gypsum board or gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished.

R109.1.6 Final Inspections

AMENDMENT
This section has been amended at the state or city level.
Final inspection shall be made after the permitted work is complete and prior to occupancy.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 R110. If compliance has not been achieved, violations of the approved construction documents and permit shall be noted and immediately communicated to the owner, agency, and other person holding the permit. It shall be the owner's responsibility and the responsibility of the person responsible for the construction work to fulfill any compliance deficiencies noted.
If located in a flood hazard area, the documentation of elevations required in Section R322.1.10 shall be submitted to the building official prior to the final inspection.

R109.1.7 Industrialized Building System Inspections

AMENDMENT
This section has been amended at the state or city level.
The inspection of all buildings classified as industrialized building systems, regardless of size or occupancy classification, shall be in accordance with this section.

R109.1.7.1 Off-Site Construction

AMENDMENT
This section has been amended at the state or city level.
In-plant inspections in production and manufacturing facilities for industrialized building systems shall be conducted by the Department or its authorized agent.

R109.1.7.2 On-Site Construction

AMENDMENT
This section has been amended at the state or city level.
On-site construction related to modular homes or one- and two-family dwelling installations may be permitted and inspected by the local building official having jurisdiction upon notice from the Department of an approved modular home. The local code official having jurisdiction shall be responsible for inspection of the foundation system, placement of the building, connection of the units, final set-up of the units and issuance of the certificate of occupancy. The local building official shall be responsible for inspection of these systems for zoning, water supply and sewage disposal, and other applicable local ordinance purposes.
The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work.
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 shall notify the permit holder or an agent of the permit holder 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.
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. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Exceptions:
  1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.
  2. Accessory buildings or structures.

R110.2 Change in Use

AMENDMENT
This section has been amended at the state or city level.
Changes in the character or use of an existing structure shall not be made except as specified in Sections 4073408 and 4083409 of the International ExistingKentucky Building Code.
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 safety, the building official shall issue a certificate of occupancy containing the following:
  1. The building 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.
  6. The name of the building official.
  7. The edition of the code under which the permit was issued.
  8. If an automatic sprinkler system is provided and whether the sprinkler system is required.
  9. 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 shall, in writing, suspend or revoke a certificate of occupancy 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.

R111.1 Connection of Service Utilities

AMENDMENT
This section has been amended at the state or city level.
A No 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 approved by the building official or the applicable licensed and certified inspector listed in sections R101.6, R101.7 and R101.8.

R111.2 Temporary Connection

AMENDMENT
This section has been amended at the state or city level.
The building official and the applicable licensed and certified inspector listed in section R101.6, R101.7, and R101.8 shall have the authority to authorize and approve the temporary connection of the building or system to the utility, source of energy, fuel, or power.

R111.3 Authority to Disconnect Service Utilities

AMENDMENT
This section has been amended at the state or city level.
The building official and the applicable licensed and certified inspector listed in section R101.6, R101.7, and R101.8 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 R102.4 in case of emergency where necessary to eliminate an immediate hazard to life or property, or wherewhen such utility connection has been made without the approval required by Section R111.1 or R111.2. The building official shall notify the serving utility and where, whenever possible, the owner or the owner's authorized agent and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. if not notified prior to disconnection,. The owner, the owner's authorized agent or occupant of the building, structure, or service system shall be notified in writing as soon as practical thereafter.

Section R112 Board of Appeals

AMENDMENT
This section has been amended at the state or city level.

R112.1 General

AMENDMENT
This section has been amended at the state or city level.
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 building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render decisions and findings in writing to the appellant with a duplicate copy to the building official.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.

R112.2 Limitations on Authority Appeal by Fire Code Official

AMENDMENT
This section has been amended at the state or city level.
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 on any building may be appealed by the local fire code official of the jurisdiction if the fire code official is aggrieved by that decision.

R112.3 Qualifications Local Appeals Board

AMENDMENT
This section has been amended at the state or city level.
The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and are not employees of the jurisdiction.Local appeals boards may be appointed to hear appeals from the decisions of the local building official in accordance with the provisions of Sections 112.3.1 through 112.3.4.

R112.3.1 Appointment

AMENDMENT
This section has been amended at the state or city level.
The mayor or county judge executive of a local government which 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 code official regarding building code requirements.

R112.3.2 Cooperative Agreements

AMENDMENT
This section has been amended at the state or city level.
Local governments which 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.

R112.3.3 Disqualification of Member

AMENDMENT
This section has been amended at the state or city level.
Local building officials or employees of a local inspection department shall not sit on a local appeals board if the 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.

R112.3.4 Right to Appeal

AMENDMENT
This section has been amended at the state or city level.
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.

R112.3.5 Notice of Meeting

AMENDMENT
This section has been amended at the state or city level.
All parties to the appealshall be notified of the time and place of the hearing by letter sent by certified mail not later than 20 days prior to the date of the hearing.

R112.3.6 Board Decision

AMENDMENT
This section has been amended at the state or city level.
The local appeals board shall render a decision within five working days after the hearing. The 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.

R112.3.7 Open Hearing

AMENDMENT
This section has been amended at the state or city level.
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.

R112.3.7.1 Procedure

AMENDMENT
This section has been amended at the state or city level.
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.

R112.3.8 Board Decision

AMENDMENT
This section has been amended at the state or city level.
A majority of the local appeals board members' votes shall be required to modify or reverse the decision of the building official.

R112.4 Administration Appeals to the State

AMENDMENT
This section has been amended at the state or city level.
The building official shall take immediate action in accordance with the decision of the board.Application for appeal by a property owner may be made when it is claimed in writing 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 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.

R112.4.1 Application Procedure

AMENDMENT
This section has been amended at the state or city level.
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 or Kentucky Residential Code that 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.

R112.4.2 Investigation of Appeal

AMENDMENT
This section has been amended at the state or city level.
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.

R112.4.3 Employee Deferral

AMENDMENT
This section has been amended at the state or city level.
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 which led to the appeal.

R112.4.4 Investigative Authority

AMENDMENT
This section has been amended at the state or city level.
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.

R112.4.5 Administrative Hearing

AMENDMENT
This section has been amended at the state or city level.
Pursuant to KRS Chapter 13B, if the issue has not been settled by agreement of the parties within limitations set by Section 112.4.2, the Department shall schedule an administrative hearing on the matter. The cost of any appeal forwarded to the Department because there is no local appeals board 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.

R112.4.6 Judicial Appeals

AMENDMENT
This section has been amended at the state or city level.
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 detail statement or a plan approved thereunder, 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 in the time prescribed by such notice, 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.

R113.4 Violation Penalties

AMENDMENT
This section has been amended at the state or city level.
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 prescribedprovided by KRS 198B.990 and other applicable law.
Upon notice from the building official that work on any building or structure is being executed contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's authorized agent or to the person performing the work and shall state the conditions under which work will be permitted to resume.
Any person who shall continue any work in or about the structure 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.

R114.4 Limitation on Changes

AMENDMENT
This section has been amended at the state or city level.
No inspector shall be authorized to require changes on-site that 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 official having construction document review responsibility who shall require corrections if the code so requires.

Section R115 Proof of Insurance

AMENDMENT
This section has been amended at the state or city level.

R115.1 Compliance With Law

AMENDMENT
This section has been amended at the state or city level.
The issuance of a building permit shall be contingent upon presentation of proof to the effect 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 Kentucky law relating to worker's compensation and unemployment insurance.

R115.2 General Applicability

AMENDMENT
This section has been amended at the state or city level.
Compliance with this section shall be achieved by presenting certificates or other forms approved by the Kentucky Labor Cabinet to the code official issuing the permit.

Section R116 Effective Dates

AMENDMENT
This section has been amended at the state or city level.

R116.1 General

AMENDMENT
This section has been amended at the state or city level.
The building official shall accept plans in compliance with the requirements of this code. Effective August 1, 2019, this code shall be mandatory and no permit shall be issued for construction under any other building code.
Analyzing code differences
UpCodes Premium
Leverage the most sophisticated code compliance platform.
TRY FREE FOR TWO WEEKS VISIT PRICING