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 codes and standards into its processes.

This amendment adopts the 2023 National Electrical Code ("NEC"), a referenced standard of the Kentucky Building Code.

This amendment is necessary to adopt and implement an update to the National Electrical Code to the 2023 edition.

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". KRS 227.480(4) requires reasonable standards for the construction, alteration, and repair of any electrical system to be those adopted in the Uniform State Building Code, as promulgated by the department, and requires those standards to utilize the National Electrical Code as a minimum standard.

These amendments to the Kentucky Building Code will enhance public safety and allow the construction industry to use current technologies, methods, and materials in the construction, alteration, and repair of electrical systems.

All electrical construction, alteration, and repair projects subject to the Kentucky Building Code are affected by this administrative regulation. Architects, engineers, contractors, electricians, electrical inspectors, 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 and the referenced standard, the 2023 National Electrical Code.

Costs will vary based on entity and their role in the electrical trade. New copies of NFPA 70, the National Electrical Code, 2023 Edition are approximately $140. The largest recurring cost that is new to the 2023 NEC is exterior emergency disconnects for dwelling units, which cost approximately $200 plus labor for installation.

The 2023 NEC includes a number of changes that increase life safety, safety of appliances and other electronics, offers guidance for emerging technologies in the electrical field and has removed some requirements due to industry feedback (e.g. receptacles are no longer required on kitchen islands and peninsulas).

Initial implementation costs will be minimal to the administrative body and are estimated to be less than five thousand dollars. These costs will include updated physical code books and training.

There are no anticipated additional costs to implement this administrative regulation on a continuing basis.

Implementation and enforcement of this administrative regulation is anticipated to result in minimal 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 alter 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 electrical inspection 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.

Costs related to local administration of this administrative regulation will vary, based upon the number of inspectors that the local government will be required to provide updated materials for. The cost for state-level administration of this administrative regulation will be minimal, as discussed in (5)(a) of the Regulatory Impact Analysis and Tiering Statement.

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

Neutral

Initial increase for updated code materials and training will vary by entity.

None.

Costs savings will vary based on the type and scope of electrical construction project. For example, regulated entities may see cost savings by utilizing new provisions related to the use of reconditioned electrical equipment or by no longer being required to install receptacles in certain areas of a newly-constructed dwelling unit.

Costs savings will vary based on the project, as discussed in 4(b).

Costs will vary based on entity, project, and the entity’s role in the electrical trade. New copies of NFPA 70, the National Electrical Code, 2023 Edition are approximately $140. One of the largest recurring cost for new construction that is new to the 2023 NEC is expanded GFCI protection requirements, which will vary based on the size of the project.

Costs will vary based on the entity, project, and the entity’s role in the electrical trade as discussed in 4(c).

Neutral

Varies by type and scope of project.

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.