99A.030 Codes applicable to residential buildings -- Variances.
430 words·~2 min read·
/ky/chapter-99a/99a-030A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Prior to or concurrent with the establishment of a neighborhood redevelopment
zone, the legislative body of the local government shall adopt by ordinance the
BOCA Basic Property Maintenance Code as drafted by the Building Officials and
Codes Administrators International, Inc., and the Kentucky Building Code which
shall be applicable to all residential buildings within the neighborhood
redevelopment zone. The local government shall delegate responsibility for
enforcement to the local agency responsible for local enforcement of the state
building code, or such other agency deemed best qualified to carry out the
responsibilities under this chapter.
(2)Variances from provisions of the Kentucky Building Code may be granted in
specific cases pursuant to the provisions of this subsection.
(a)If a submitted plan for rehabilitation of a residential building is disapproved
by the local enforcement agency for nonconformity with the building code, the
owner or his agent may, in writing, apply to the Department of Housing,
Buildings and Construction for a variance from the building code with respect
to such plans. In making the determination to approve or disapprove the
application for variance, the department shall consider:
1. The architectural and historical significance of the structure;
2. The health, safety, and welfare of the public;
3. The costs of complying with the standards;
4. The ability of the applicant to proceed with the project if the variance is
not granted; and
5. The significance to the neighborhood of the project.
The department may impose a reasonable fee for the evaluation of a requested
variance.
(b)The Department of Housing, Buildings and Construction shall respond in
writing within twenty
(20)working days of the application, and such response
shall be binding upon the local enforcement agency. Appeals from the
determination of the Department of Housing, Buildings and Construction may
be taken to the board of appeals.
(c)The Department of Housing, Buildings and Construction shall maintain a
central file of all such determinations, making them available upon request, to
all interested parties, and using them as precedent for other cases.
(d)The Kentucky Department of Housing, Buildings and Construction, the
Kentucky State Historic Preservation Office, and the Kentucky Housing
Corporation are authorized to establish a joint task force to identify and
recommend changes in the state building code as it applies to the
rehabilitation of existing housing.
(3)The United States Secretary of the Interior's standards of rehabilitation shall apply
to the rehabilitation of the exterior of any housing listed individually on the
National Register of Historic Places or located in an historic district listed on the National Register of Historic Places.