Loading...
BUILDING AND RESIDENTIAL CODES
(A) The Kentucky Building Code, as promulgated in 815 KAR 7:120, and the Kentucky Residential Code, as promulgated in 815 KAR 7:125, by the Board of Housing, Buildings and Construction, Commonwealth of Kentucky, are hereby adopted in full as an ordinance of the Metro Government as if set out at length herein.
(B) A copy of the Kentucky Building Code and the Kentucky Residential Code are on file in the Office of the Jefferson County Clerk, and the Clerk shall at all times keep copies of said building and residential codes for reference.
(C) An attested copy of this subchapter shall be transmitted to the Department of Housing, Buildings, and Construction of the Commonwealth of Kentucky.
(D) In accordance with the Kentucky Building and Residential Codes, the Mayor shall appoint an appeals board, consisting of at least five technically qualified persons with professional experience related to the building industry to hear appeals of the decisions of local code officials. The Board of Appeals shall follow the appeals procedures for local boards of appeal, as set forth in the Kentucky Building and Residential Codes.
(1994 Jeff. Code, § 150.001) (Jeff. Ord. 2-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 125-2004, approved 8-30-2004; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)
The Department of Code and Regulations shall be designated local enforcement agency for the Kentucky Building and Residential Codes.
(1994 Jeff. Code, § 150.002) (Jeff. Ord. 2-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 125-2004, approved 8-30-2004; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)
(A) All current ordinances or parts of current ordinances in conflict with this chapter are to the extent of such conflict, hereby repealed.
(B) This chapter shall apply to all of Louisville Metro, including those incorporated cities within Louisville Metro that have not adopted the Kentucky Building and Residential Codes and who do not maintain a Department of Building Inspection program in accordance with Kentucky Revised Statutes and Kentucky Administrative Regulations and with the contractual approval of the Commonwealth of Kentucky Department of Housing, Building and Construction.
(1994 Jeff. Code, § 150.003) (Jeff. Ord. 2-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 125-2004, approved 8-30-2004; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)
(A) General. The Code Official shall enforce the provisions of this chapter. The Code Official shall have the authority to appoint a Deputy Code Official, other related technical offices, inspectors and other employees.
(B) Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
(C) Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(D) Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
(E) Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this subchapter, the building code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property.
(F) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
(G) Citations, notices and orders. The Code Official shall issue all necessary citations, notices or orders to ensure compliance with this chapter.
(H) Department records. An official record shall be kept of all business and activities of the department specified in the provisions of this chapter; and all such records shall be open to public inspection in accordance with the Kentucky Open Records Act, and under reasonable regulations established by the Code Official to maintain the integrity and security of such records.
(I) Coordination of inspections. Whenever in the enforcement of this chapter or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Official involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.
(J) Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is that of a member of the Board of Appeals, established under the provisions of § 150.001(D), or the Code Enforcement Board, as set forth in §§ 32.275 et seq., as the case may be, shall not be engaged in, or directly connected with, the furnishing of labor, materials or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, for personal gain unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CODE. The Kentucky Building and Residential Codes and referenced codes and standards.
CODE OFFICIAL. The Director of the Department of Codes and Regulations or any authorized designee. The term CODE OFFICIAL
shall also be synonymous with the terms Building Official and Inspector as used herein.
CONTRACTOR and LICENSEE. Any person, firm, partnership or corporation identified or possessing a license issued in accordance with this chapter.
DEPARTMENT. The Department of Codes and Regulations.
DIRECTOR. The Director of the Department of Codes and Regulations.
ELECTRICAL MINOR REPAIR WORK. Work such as replacing snap switches, replacing fuses, lamp sockets and receptacles.
ELECTRICAL WORK. Pertains to the installation, alteration or repair of electrical wires and conduits for the purpose of transmitting electricity, and the fixtures and equipment in connection therewith.
HVAC. Heating, ventilation and air conditioning.
IDENTIFIED. A contractor, identified in this chapter, who has provided the Department with the necessary documents and/or proof to be officially listed as the same.
INSPECTOR. Persons employed or contracted by the Department to perform inspections of properties and work under the jurisdiction of this chapter to insure compliance with the same.
LICENSED. A contractor who has provided the Department proof that he or she has passed the required written examination and has all the other listed prerequisites for the particular profession as required by this chapter.
LOUISVILLE METRO. The geographic boundaries of Jefferson County, Kentucky.
LOUISVILLE METRO GOVERNMENT. A consolidated local government as provided by KRS, Chapter 67C, which governs Louisville Metro.
PERMIT. The document issued by Department of Codes and Regulations that allows the applicant to proceed with the proposed work.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)
(A) Permit required. Any owner or authorized agent who intends to demolish or remove a building or structure, or to cause any such work to be done, shall first make application to the Department and obtain the all required permits. No property owner wrecking permit shall be issued until and unless the building or structure sought to be wrecked has been inspected by the code official and it has been determined that the wrecking of the building or structure can be safely and properly undertaken by such owner.
(B) Notice of intent.
(1) Before a building or structure can be demolished or removed, the permit holder or their agent shall notify in writing the owners of each potentially affected adjoining lot, building or structure at least one week prior to the commencement of the work. The notice shall request license to enter, if necessary the potentially affected lot, building or structure prior to the commencement of work and at reasonable intervals during its prosecution to inspect and preserve it from any damage which might result from the intended work.
(2) If afforded the necessary license to enter the adjoining lot, building or structure, the permit holder or their agent causing the demolition or excavation to be made shall at all times and at their expense preserve and protect lot, building or structure from damage or injury. If the necessary license is not afforded, it shall be the duty of the owner of the adjoining lot, building or structure to make safe their own property, for the prosecution of which said owner shall be granted the necessary license to enter the premises of the demolition or excavation.
(C) Removal of utilities. Before a building or structure can be demolished or removed, the owner or agent shall notify all utilities having service connections to the structure such as water, electric, gas, sewer, telephone and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities stating that their service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in accordance to their laws and regulations.
(D) Wrecking operations. The demolition or removal, of any building or structure shall be executed only by the person, partnership, firm, or corporation to whom the permit has been issued, and no person, partnership, firm, or corporation shall conduct wrecking operations under a wrecking permit issued to some other person, partnership, firm, or corporation.
(1) After obtaining the permit from the Department, as well as securing the permission of the Department of Public Works and Assets or any other Metro/state department/agency required for the occupancy of any public property or right of way, the permit holder or their agent shall proceed to erect all required protections and shall notify the Department to inspect the protections before proceeding with the wrecking operations.
(2) The wrecking company or person who secures the permit for the demolition of the structure will be held responsible for compliance with all applicable regulations laws.
(3) The methods used in wrecking shall not create hazards to the public or unnecessary danger to the workers and shall be in accordance with OSHA and all other industry accepted practices. The wrecking company or person who secures the permit for the demolition of a structure shall be responsible for repairing and making safe any utility service damaged during wrecking operations.
(4) When required by the Department in individual cases, detailed plans and proposed procedures for the demolition of the structure shall be submitted with the application for approval.
(5) Suitable provision shall be made for the disposal of materials which are accumulated during the wrecking operations. All putrescible rubbish, debris and excess materials shall be removed from the site and legally disposed of before any basement, cellar, cistern, privy, well or other hole can be filled. Foundations must be removed to below grade level unless otherwise authorized by the Department. No part of the structure shall be overloaded by excessive storage of materials or debris so as to cause possible collapse. Chutes, scaffolds, derricks, and hoists must be suitable and safe for use. All materials, debris and rubbish generated during the wrecking operations and removal of the same shall be controlled to prevent the creation of air pollution.
(6) No open fires or other source of flame, except necessary cutting torches will be permitted on the wrecking site, nor in close proximity to flammable materials outside of the site, and every precaution shall be taken to prevent the possibility of fire.
(7) When a structure involving a party wall is demolished, the owner of the demolished structure shall at their own expense close all open beam holes and maintain the safety and usefulness of the standing wall to current code requirements for the same.
(8) When the demolition of an existing building is of greater height than adjoining buildings, the roof, roof outlets, and roof structures of adjoining buildings shall be protected against damage with adequate safeguards.
(9) Blasting and the use of explosives shall be done only by a company or person licensed and permitted by the Commonwealth of Kentucky Bureau of Mines to perform such work.
(10) All basements, cellars, cisterns, privies, wells and holes shall be removed or broken up so as to allow for drainage of the site and be properly filled to a depth of 24 inches below the existing grade with approved non-combustible and non-putrescible materials. Fill material shall then be placed in one-foot depth horizontal layers with each layer compacted. The last two-foot layer of fill material shall be free of all debris, waste, brick, stone, or any other similar materials. Existing drainage patterns shall be maintained so as to not cause additional surface water run-off to adjacent properties or standing water. Foundations shall be broken up unless specifications stating otherwise are approved by the Code Official.
(11) The wrecking permit holder or the agent shall be responsible for notifying the appropriate Fire Department/or District before removal of standpipes, sprinklers, or fire protection systems and associated water service.
(12) The wrecking permit holder or the agent shall notify in writing the Department the location of the sites on which they will be disposing of all materials, rubbish, debris associated with the wrecking operations and the removal of the structure(s).
(13) The requirements of this section are designated as a minimum necessary for average conditions and in the case of unusual or dangerous situations, adequate provision shall be made and every precaution taken to protect the safety of the public and workers and adjoining properties.
(14) If during the wrecking of the building or structure it appears to the Code Official that the provisions of this section or the permit are not being complied with or that proper safety precautions are not being taken or that there is a threat to the health or safety of persons or property, the Code Official may immediately issue an order to cease all wrecking operations. This order shall be effective immediately and shall be complied with by wrecking permit holder and their representatives. This order may be appealed to the Director of the Department within ten days of its issuance.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)
(A) It shall be unlawful to construct a parking lot, or to increase the size of an existing parking lot without first filing an application with the Department and obtaining the required permit.
(B) A permit for construction or alteration of a parking lot shall not be issued until construction plans have been approved insuring compliance with the Land Development Code and other applicable federal, state and local laws and regulations.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)
(A) Permits and installation.
(1) All passenger elevators, moving sidewalks, wheelchair lifts, stairway chair lifts and escalators shall be permitted and inspected by the Commonwealth of Kentucky unless delegated to Louisville-Jefferson Country Metro Government by the Commonwealth of Kentucky.
(2) Freight elevators. All freight elevators shall be maintained in a safe working manner and be inspected annually by a certified elevator company to insure safe operation. Copies of annual inspection reports shall be kept on site and available for review by the fire department and Commonwealth of Kentucky or designee elevator inspectors.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)
Loading...