15.620 Eliminating conflicts among standards.

299 words·~1 min read·/ky/chapter-15/15-620

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Effective January 1, 1977, no inspecting agency shall employ in its inspections any

standard that conflicts with any other standard it employs in the same inspection or

with standards employed by another inspecting agency or by the federal

government.

(2)Inspecting agencies with conflicting standards may enter into agreements among

themselves and with the federal government to eliminate conflicts among their

standards. All such agreements shall be in writing and shall be filed with the

Attorney General.

(3)If inspecting agencies with conflicting standards cannot agree among themselves or

with the federal government on the method for eliminating conflicts among

standards, they shall immediately refer the issue to the Attorney General. The

Attorney General shall determine the method for resolving the conflict subject to

the following requirements:

(a)No inspecting agency shall employ a standard that conflicts with a standard

employed by the federal government;

(b)No local governmental inspecting agency shall employ a standard that

conflicts with a standard employed by an inspecting agency of the state

government;

(c)No city inspecting agency shall employ a standard that conflicts with a

standard employed by an inspecting agency of the county in which it is

located; and

(d)If two

(2)or more inspecting agencies of the same level or unit of government

have conflicting standards, only the standard of the inspecting agency with

primary jurisdiction over the condition governed by the standard, as

determined under KRS 15.610, shall be employed, unless the inspecting

agency with primary jurisdiction is prohibited from employing the standard by

paragraph (a), (b), or

(c)of this subsection.

(4)In determining the method for eliminating conflicts among standards under

subsection

(3)of this section, the Attorney General shall select the method that he

determines will best protect the public health, safety and welfare.