Jonathon M. Fuller

This administrative regulation establishes the Kentucky Building Code.

KRS 198B.040(7) and 198B.050 require the department to adopt and promulgate a mandatory Uniform State Building Code that establish the standards for the construction of all buildings, as defined in KRS 198B.010, in the state.

KRS 198B.040(7) and 198B.050 require the department to adopt and promulgate a mandatory Uniform State Building Code that establish the standards for the construction of all buildings, as defined in KRS 198B.010, in the state. This administrative regulation incorporates by reference the 2015 International Building Code and 2018 Kentucky Building Code—the “Kentucky amendments”.

This administrative regulation establishes the Kentucky Building Code, as required by KRS 198B.040(7) and 198B.050 for the enforcement of the uniform state building code, incorporating all applicable laws into its processes.

This amendment includes updated standards for controlled environment agriculture facilities in the Kentucky Building Code and corrects grammatical and technical errors in the 2018 Kentucky Building Code. Specifically: 1. Amends Section 201, Definitions, to include a definition of controlled environment agriculture facilities. 2. Amends Section 201, Definitions, to update the definition of commercial greenhouse to clarify public access and research uses. 3. Amends Section 304.1 by removing reference to 902 KAR 20:073. 4. Amends Section 306.3 Low-hazard factory industrial, Group F-2 to include packing and shipping areas of controlled environment agriculture facilities as an example of an F-2 occupancy. 5. Amends Section 433 to include references to controlled environment agriculture facilities and the applicable code standards for these facilities.

This amendment is necessary to implement code changes to the incorporated material. Specifically, the amendments related to controlled environment agriculture facility result from the requests of industry professionals, code professionals, and the public.

KRS 198B.040(7) and 198B.050 require the department to adopt and promulgate a mandatory Uniform State Building Code that establish the standards for the construction of all buildings, as defined in KRS 198B.010, in the state. This administrative regulation incorporates by reference the 2015 International Building Code and 2018 Kentucky Building Code—the “Kentucky amendments”.

These amendments to the Kentucky Building Code will enhance public safety and allow the construction industry to use current technologies, methods, and materials.

All construction projects subject to the Kentucky Building Code are affected by this administrative regulation. Architects, engineers, contractors, project managers, businesses, local governments, and Department personnel will be affected by this administrative regulation.

The identified entities must comply with any applicable amendments to the Kentucky Building Code.

Affected entities will likely have no additional costs in complying with these amendments. They may save money as a result of these amendments.

Benefits include a more clear building code with fewer errors, flexibility in building design, and increased clarity of construction standards.

There are no anticipated additional costs to implement this administrative regulation.

There are no anticipated additional costs to implement this administrative regulation.

Implementation and enforcement of this administrative regulation is anticipated to result in no additional costs to the agency. Any agency costs resulting from the implementation and enforcement of this administrative regulation will be met with existing agency funds.

This amendment will not necessitate an increase in fees or funding. No fees are raised or changed by this amendment.

This amendment does not change previously established fees.

Tiering is not applied as all regulated entities are subject to the same amended requirements.

The Department of Housing, Buildings and Construction and building inspection and plan review programs of local governments.

This administrative regulation is required by KRS 198B.040(7) and KRS 198B.050.

This amendment is not anticipated to generate additional revenue for state or local government in the first year.

This amendment is not anticipated to generate additional revenue for state or local government in subsequent years.

There are no anticipated additional costs to administer this amendment in the first year.

There are no anticipated additional costs to administer this amendment for subsequent years.

Neutral

Neutral

None.

This amendment may save certain regulated entities the cost of the installation of fire suppression equipment in facilities where the amendment clarifies that they are not required in the first year.

This amendment may save certain regulated entities the cost of the installation of fire suppression equipment in facilities where the amendment clarifies that they are not required in subsequent years.

This amendment will not require additional expenditures by regulated entities for the first year.

This amendment will not require additional expenditures by regulated entities for subsequent years.

Neutral

Neutral

None.

"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact, as defined above.