WIXLIB

CHAPTER 1ADMINISTRATIONSECTION 101GENERAL1. The religious group applying for the waiverexists for spiritual and religious purposes andwas not formed solely to request this waiver;2. The religious group’s belief system conflicts witha requirement of the Kentucky Building Code,Kentucky Residential Code, Kentucky PlumbingCode or referenced standard;3. The religious group can demonstrate that theportion of its belief system which conflicts withthe Kentucky Building Code, KentuckyResidential Code, Kentucky Plumbing Code, orreferenced standard is historical and not createdsolely in response to the project for which thewaiver is being requested;4. The waiver is not being requested solely foreconomic, aesthetic or convenience reasons;5. The waiver would not create a situation sounsafe that there is an overriding interest inprotecting the health and safety of the generalpublic; and6. The religious group has taken adequate steps toensure the project will be brought up to code inthe event the religious group no longer owns thebuilding or otherwise no longer qualifies for thewaiver.101.3 Purpose. The purpose of this code is toestablish the minimum and maximum requirements tosafeguard the public health, safety and general welfarethrough structural strength, means of egress facilities,stability, sanitation, adequate light and ventilation,energy conservation, and safety to life and propertyfrom fire and other hazards attributed to the builtenvironment. No local government shall adopt orenforce any other building code; except that theKentucky Residential Code shall govern detachedsingle family dwellings, two-family dwellings andtownhouses. (change effective July 29, 2009)101.1 Title. These regulations shall be known as theKentucky Building Code, hereinafter referred to as “thiscode.” This edition of the Kentucky Building Code(KBC) is essentially the 2006 International BuildingCode (IBC) and shall be utilized in conjunction with the2006 IBC except where specifically amended in theseregulations.101.2 Scope. The provisions of the Kentucky BuildingCode shall apply to the construction, ,equipment, use and occupancy, location, maintenanceand removal of every building or structure or anyappurtenances connected or attached to such buildingsor structures, whether hereafter erected or, whereexpressly stated in this code, existing; and whether onland, over water, or on water, permanently moored toland, and substantially a land structure.Exceptions:1. Farm dwellings and other buildings. Farmdwellings and other buildings and structureslocated on farms which are incident to theoperation of the farm and located outside theboundary of a municipality; but only if they arenot used in the business of retail trade, as aregular place of work for 10 or more people orfor the processing or storage of timber products2. Manufactured homes. Manufactured homesconstructed under federal HUD standards.However, the exterior electric, water and sewerconnections and additions to the home are notexempt.3. Single-family dwellings. Detached singlefamily dwellings shall comply with Section101.4.7, except that, permits, inspections andcertificates of occupancy are required only asset forth in local ordinances.4. Swimmingpools.Swimmingconstructed completely above grade.101.4 Referenced codes. The other codes listed inSections 101.4.1 through 101.4.7 and referencedelsewhere in this code shall be considered part of therequirements of this code to the prescribed extent ofeach such reference.Pools101.2.1Special religious use group. Uponapplication by a religious group whose religiousbeliefs would be violated by the application of theKentucky Building Code, Kentucky ResidentialCode, Kentucky Plumbing Code or any of thestandards referenced therein, the Board of Housing,Building and Construction may place the affectedbuilding into the “Special Religious Use” group andwaive any requirement of the Kentucky BuildingCode, the Kentucky Residential Code, the KentuckyPlumbing Code or any referenced standard. TheBoard of Housing, Buildings and Construction mayplace a project into the Special Religious Use Grouponly if it finds after a hearing that:101.4.1Electrical. In every instance in whichthe ICC Electrical Code is listed, it shall be replacedwith NFPA 70, National Electrical Code. Theprovisions of NFPA 70 shall apply to the installationof electrical systems, including alterations, repairs,replacement, equipment, appliances, fixtures, fittingsand appurtenances thereto. The inspection ofelectrical installations shall be performed by aCertified Electrical Inspector pursuant to 815 KAR35:015.101.4.2 Gas. The provisions of NFPA 54, NationalFuel Gas Code, shall apply to the installation of gas72007 Kentucky Building Code

piping from the point of delivery, gas appliances andrelated accessories as covered in this code. Theserequirements apply to gas piping systems extendingfrom the point of delivery to the inlet connections ofappliances and the installation and operation ofresidential and commercial gas appliances andrelated accessories.APPLICABILITY102.1 General. Where, in any specific case, differentsections of this code specify different materials,methods of construction or other requirements, themost restrictive shall govern. Where there is a conflictbetween a general requirement and a specificrequirement, the specific requirement shall beapplicable.101.4.3Mechanical. The provisions of theInternational Mechanical Code shall apply to theinstallation, alterations, repairs, and replacement ofmechanicalsystems,includingequipment,appliances, fixtures, fittings and/or ,airconditioning and refrigeration systems, incinerators,and other energy-related systems.102.2 Other laws. Other local or state law shall beconsulted to determine the existence of other powersgiven to the code official, such as those related todemolition or authority over unsafe structures unless achange of occupancy as required by Chapter 34 ismade or proposed. Otherwise, this code shall not becited as authority for upgrading existing structureswhich are not under construction.101.4.4 Plumbing. The provisions of the KentuckyState Plumbing Code shall apply to the installation,alteration, repair and replacement of plumbingsystems, including equipment, appliances, fixtures,fittings and appurtenances, and where connected toa water or sewage system and all aspects of amedical gas system. All plumbing installations shallbe installed under the supervision of a KentuckyLicensed Master Plumber, and inspected andapproved by the state plumbing inspector prior tousage.102.3 Application of references. References tochapter or section numbers, or to provisions notspecifically identified by number, shall be construed torefer to such chapter, section or provision of this code.102.4 Referenced codes and standards. The codesand standards referenced in this code shall beconsidered part of the requirements of this code to theprescribed extent of each such reference. Wheredifferences occur between provisions of this code andreferenced codes and standards, the provisions of thiscode shall apply; and newer editions of any standardsmay be used to meet the intent of the code in lieu of theadopted edition.101.4.5Fire protection. The provisions of theInternational Fire Code shall apply to mattersaffecting or relating to new construction in buildingswhere specifically referenced in this code, only.102.5 Partial invalidity. In the event any part orprovision of this code is held to be illegal or void, thisshall not have the effect of making void or illegal any ofthe other parts or provisions.101.4.6 Energy. The provisions of the InternationalEnergy Conservation Code as referenced in Chapter13 of this code shall apply to all matters governingthe design and construction of buildings for energyefficiency.102.6 Existing structures. The legal occupancy of anystructure existing on the date of adoption of this codeshall be permitted to continue without change, exceptas is specifically covered in this code, the Kentucky FireCode, or as is deemed necessary by the building officialfor the general safety and welfare of the occupants andthe public. Application of this code to existing buildingsshall apply as required by Section 3401 whenalterations, additions or changes of occupancy as setforth in Chapter 34 of this code are proposed or occur.101.4.7One- and two-family dwellings.Detached one- and two-family dwellings and multiplesingle-family dwellings (townhouses) not more thanthree stories high with separate means of egressand their accessory structures shall comply with theKentucky Residential Code.101.5 Fire safety authority. The State Fire Marshaland the local fire code official shall continue to be theauthority having jurisdiction for enforcement of theKentucky Standards of Safety (Fire Prevention Code) inexisting buildings not regulated by this code, and forcontinued fire safety maintenance in buildingsconstructed and approved under this code.102.6.1 Moved structures. Buildings andstructures moved into or within the Commonwealthshall comply with the provisions of this code for newbuildings and structures and shall not be used oroccupied until the certificate of occupancy, ifrequired, has been issued by the code official. Thisprovision does not apply to manufactured homes.101.6 Accepted engineering practice. In the absenceof provisions not specifically contained in this code orfinal decisions of the appeals board, the specificationsand standards listed in Chapter 35 shall be deemed torepresent accepted engineering practice with respect tomaterials, equipment, system or method of constructionas specified and shall be acceptable.SECTION 103DEPARTMENT OF BUILDING INSPECTION103.1 Creation of enforcement agency. Thedepartment of building inspection is hereby created andthe official in charge thereof shall be known as thebuilding official.SECTION 10282007 Kentucky Building Code

103.2 Appointment. The building official shall beappointed by the chief appointing authority of thejurisdiction and the official shall be certified as requiredby law.unsafe, dangerous or hazardous, the building official isauthorized to enter the structure or premises atreasonable times to inspect or to perform the dutiesimposed by this code, provided that if such structure orpremises be occupied that credentials be presented tothe occupant and entry requested. If such structure orpremises be unoccupied, the building official shall firstmake a reasonable effort to locate the owner or otherperson having charge or control of the structure orpremises and request entry. If entry is refused, the103.3 Enforcement personnel. In accordance with theprescribed procedures of this jurisdiction and with theconcurrence of the appointing authority, the buildingofficial shall have the authority to appoint trainees andother certified inspectors as necessary. Suchemployees shall have powers as allowed by law anddelegated by the building official.building official shall have recourse to the remediesprovided by law to secure entry.103.4 Certified inspectors. The local government shallprovide at least one Kentucky Certified BuildingInspector, Level I, pursuant to 815 KAR 7:070 andemploy or contract with a certified electrical inspector inaccordance with KRS 198B.060 (1) and (11). The localgovernment shall report the name of all inspectors tothe Office and the Office shall be notified of anychanges in inspector personnel.103.11 Department records. The building official shallkeep official records of applications received, permitsand certificates issued, fees collected, reports ofinspections, and notices and orders issued. Suchrecords shall be retained in the official records for theperiod required for retention of public records aspromulgated by the Kentucky Department of Librariesand Archives pursuant to KRS 171.450.103.5 General authority. The building official is herebyauthorized and directed to enforce the provisions of thiscode. The building official shall have the authority torender interpretations of this code and to adopt policiesand procedures in order to clarify the application of dures shall be in compliance with the intent andpurpose of this code. Such policies and proceduresshall not have the effect of waiving requirementsspecifically provided for in this code.103.12 Liability. The building official, member of theBoard of Appeals or employee charged with theenforcement of this code, while acting for thejurisdiction in good faith and without malice in thedischarge of the duties required by this code or otherpertinent law or ordinance, shall not thereby berendered liable personally and is hereby relieved frompersonal liability for any damage accruing to persons orproperty as a result of any act or by reason of an act oromission in the discharge of official duties. Any suitinstituted against an officer or employee because of anact performed by that officer or employee in the lawfuldischarge of duties and under the provisions of thiscode shall be defended by legal representative of thejurisdiction until the final termination of the proceedings.The building official or any subordinate shall not beliable for cost in any action, suit or proceeding that isinstituted in pursuance of the provisions of this code.103.6 Applications and permits. The building officialshall receive applications; review constructiondocuments and issue permits for the erection, alterationand moving of buildings and structures; inspect thepremises for which such permits have been issued; andenforce compliance with the provisions of this code.103.7 Notices and orders. The building official shallissue all necessary notices or orders to ensurecompliance with this code.103.13 Approved materials and equipment.Materials, equipment and devices approved by thebuilding official shall be constructed and installed inaccordance with such approval.103.8 Inspections. The building official shall make allof the required inspections, or the building official shallhave the authority to accept reports of inspection byapproved agencies or individuals. Reports of suchinspections shall be in writing and be certified by aresponsible officer of such approved agency or by theresponsible individual. The building official is authorizedto engage such expert opinion as deemed necessary toreport upon unusual technical issues that arise, subjectto the approval of the appointing authority.103.14 Used materials and equipment. The use ofused materials that meet the requirements of this codefor new materials is permitted. Used equipment anddevices shall not be reused unless approved by thebuilding official.103.15 Modifications. Wherever there are practicaldifficulties involved in carrying out the provisions of thiscode, the building official shall have the authority togrant modifications for individual cases, uponapplication of the owner or owner’s representative,provided the building official shall first find that specialindividual reason makes the strict letter of this codeimpractical and the modification is in compliance withthe intent and purpose of this code, and that suchmodification does not lessen health, accessibility, lifeand fire safety, or structural requirements. The details of103.9 Identification. The building official shall carryproper identification when inspecting structures orpremises in the performance of duties under this code.103.10 Right of entry. Where it is necessary to makean inspection to enforce the provisions of this code, orwhere the building official has reasonable cause tobelieve that there exists in a structure or upon apremises a condition which is contrary to or in violationof this code which makes the structure or premises92007 Kentucky Building Code

action granting modifications shall be recorded andentered in the files of the department of building safety.accordance with Section 1004 of this code.104.1.1 Assembly occupancies. All buildingsclassified as assembly occupancies, exceptchurches as indicated in Section 104.1.3, having acapacity which does not exceed 100 persons.(change effective 07/29/2009)103.16 Alternative materials, design and methods ofconstruction and equipment. The provisions of thiscode are not intended to prevent the installation of anymaterial or to prohibit any design or method ofconstruction not specifically prescribed by this code,provided that any such alternative has been approved.An alternat

SECTION 1. ADOPTION OF THE KENTUCKY BUILDING CODE. THAT, the KENTUCKY BUILDING CODE, promulgated in 815 KAR 7:120 and the KENTUCKY RESIDENTIAL CODE promulgated in 815 KAR 7:125 by the Board of Housing, Buildings and Construction, Commonwealth of Kentucky, are hereby adopted in full as an