title-815•Title 815 KAR — Public Protection Cabinet - Department of Housing, Buildings and Construction
Title 815 KAR — Public Protection Cabinet - Department of Housing, Buildings and Construction
title-815815 KARRegulation
Chapter 2 General
815 KAR 2:010 Continuing education requirements {#sec-815-kar-2-010 omnilex-key=us-ky-regs-official--title-815--815 KAR 2:010}
Section 1. General Requirements.
(1) Prior to license renewal or certification renewal, a licensee or certificate holder shall submit proof of continuing education to the department.
(2) Except as established in subsection (3) of this section, a licensee or certificate holder shall obtain the required number of hours of continuing education pursuant to Section 2 of this administrative regulation during the twelve (12) months prior to renewal of the license or certificate.
(3)
(a) A licensee or certificate holder who accumulates more than the required annual number of continuing education hours may carry forward the excess credit hours into the two (2) successive educational years.
(b) Carried forward credit hours shall be limited to a total of twelve (12) hours. All excess credit hours above the total of twelve (12) hours shall not be carried forward.
(4) The required annual number of continuing education hours shall not be required for a licensee's first renewal if the initial license was issued within twelve (12) months of renewal.
(5) More than two (2) hours of safety practices and procedures per twelve (12) month period shall not be accepted towards the required annual number of continuing education hours.
(6) Out-of-state courses and trainings.
(a) Upon written request by a licensee or certificate holder, the department may recognize continuing education credit for courses or trainings held in another state if the material covered is relevant to the particular license.
(b) The licensee, certificate holder, or course provider shall submit with the request:
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Course materials, including for example, handouts, course outlines, or a syllabus provided before or during the out-of-state course or training;
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A certificate of completion of the out-of-state course or training, if applicable; and
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The results of any quizzes or tests taken in association with the out-of-state course or training.
(7)
(a) Except as established in paragraph (b) of this subsection, an individual who holds two (2) different licenses within one (1) division or one (1) section of the department shall comply with the required annual number or continuing education hours established in Section 2 for one (1) license.
(b) An electrical contractor shall not be able to apply a master electrician, electrician, or electrical inspector's hours toward the electrical contractor's continuing education.
(8) One (1) hour of class shall be equivalent to fifty (50) minutes of classroom instruction or approved online courses as established in 815 KAR 2:020.
(9)
(a) A licensee who creates, teaches, instructs, or participates on a panel in an approved continuing education course as established in 815 KAR 2:020 shall be granted one (1) credit hour for each fifty (50) minutes of actual instruction time.
(b)
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A licensee who creates, teaches, instructs, or participates on a panel shall only receive credit for the initial creation, teaching, or participation on a panel for a continuing education course.
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A licensee who creates, teaches, instructs, or participates on a panel shall not receive credit for any subsequent involvement with the same continuing education course.
(10) A licensee that is a corporation, business, or partnership shall designate an authorized agent to complete the licensee's annual continuing education requirements for purposes of license renewal.
(11) Inactive license.
(a) An inactive licensee or inactive certification holder shall not be required to attend or submit proof of annual continuing education.
(b) Prior to reactivation of a license or a certificate, the licensee, certificate holder, or course provider shall provide proof that the licensee or certificate holder has completed the required annual number of continuing education hours for the particular license or certificate in the twelve (12) months preceding reactivation.
Section 2. Division and Section-specific Requirements.
(1) Except as established in subsection (2) of this section, a licensee or certificate holder shall provide proof of at least six (6) hours of approved continuing education prior to license renewal.
(2) The licensee or certificate holders shall comply with the requirements established in paragraphs (a) through (e) of this subsection:
(a) Each certified building inspector and trainee building inspector shall provide proof of at least twelve (12) hours of continuing education.
(b) Each certified installer shall provide proof of at least five (5) hours of continuing education prior to license renewal.
(c) Each electrical inspector shall provide proof of at least twelve (12) hours of continuing education prior to certification renewal.
(d) Each elevator contractor, elevator mechanic, and accessibility and residential elevator mechanic shall provide proof of at least eight (8) hours of continuing education prior to license renewal.
(e) Each fire sprinkler inspector may submit proof of a NICET certification in the testing of water-based systems to the department instead of completing the required annual number of continuing education hours.
(3) Building inspectors. Each certified building inspector's and trainee building inspector's continuing education course shall relate to general business and technical skills required of a certified inspector.
(4) Elevators. Each elevator contractor's, elevator mechanic's, and accessibility and residential elevator mechanic's continuing education course shall relate to one (1) or more of the following:
(a) Business;
(b) Job safety;
(c) Kentucky codes related to elevators; or
(d) Subject matter directly related to the elevator trade.
(5) Heating, Ventilation, and Air Conditioning. Each master HVAC licensee's and journeyman HVAC licensee's continuing education course shall relate to one (1) or more of the following:
(a) Business;
(b) Job safety;
(c) Codes relating to HVAC; or
(d) Subject matter directly relating to the HVAC trade.
(6) Plumbing. Each master plumber's and journeyman plumber's continuing education courses shall relate to one (1) or more of the following:
(a) Business;
(b) Job safety;
(c) The Kentucky State Plumbing Code; or
(d) Subject matter directly related to the plumbing trade.
(7) Electrical.
(a) Each master electrician's, electrician's, and electrical inspector's continuing education course shall relate to one (1) or more of the following:
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Job safety;
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Codes related to the electrical industry; or
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Subject matter directly related to the electrical trade.
(b) Each electrical contractor's continuing education course shall relate to one (1) or more of the following:
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Business; or
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Job safety.
(8) Fire sprinkler inspectors. Each fire sprinkler inspector's continuing education course shall relate to one (1) or more of the following:
(a) NFPA 25;
(b) Kentucky Building Code Section 900; or
(c) Job safety.
History
- RELATES TO: KRS 198B.090, 198B.095, 198B.4009, 198B.4011, 198B.4013, 198B.4023, 198B.4025, 198B.6405, 198B.6409, 196B.654, 198B.658, 198B.660, 198B.664, 198B.672, 227.570, 227.590, 227A.040, 227A.100, 318.054, 318.130
- STATUTORY AUTHORITY: KRS 198B.090(1)(a), 198B.095(1), 198B.4009(3), 198B.4023(7), (9), 198B.4025, 198B.6405(4), 198B.6409, 198B.654(1), 198B.684, 227.570(4), 227.590(1), 227A.040(8), 227A.100(7), 318.054, 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B. 090(1)(a) requires the department to create and administer a certification program for building inspectors. KRS 198B.095(1) authorizes the department to promulgate administrative regulations to create a building inspectors training program. KRS 198B.4023 and 198B.4025 require the department to promulgate administrative regulations establishing continuing education requirements for elevator contractors and elevator mechanics. KRS 198B.654(1) requires the department to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 through 198B.689. KRS 198B.684 authorizes the department to promulgate an administrative regulation with standards for continuing education for licensees and certificate holders of heating, ventilation, and air conditioning (HVAC). KRS 198B.6409 requires the commissioner to promulgate administrative regulations to establish the procedures necessary to implement KRS 198B.6401 through 198B.6417. KRS 198B.6405(4) establishes the continuing education requirements for fire sprinkler inspectors. KRS 227.590(1) requires the department to make and enforce administrative regulations to implement KRS 227.550 through 227.660. KRS 227.570(3) requires the department to establish the standards for the certified installer seal program. KRS 227A.040(8) authorizes the department to promulgate administrative regulations to establish procedures governing the licensure of electricians and electrical contractors. KRS 227A.100(7) requires the department to promulgate an administrative regulation to establish requirements relating to continuing education. KRS 318.130 requires the department to promulgate a Kentucky State Plumbing Code. KRS 318.054 requires the department to promulgate administrative regulations establishing the requirements for continuing education requirements for plumbers. This administrative regulation establishes the requirements for continuing education for certified building inspectors, trainee building inspectors, elevator contractors, elevator mechanics, fire sprinkler inspectors, master HVAC contractors, journeyman HVAC mechanics, certified installers of manufactured homes, master electricians, electricians, electrical contractors, electrical inspectors, master plumbers, and journeyman plumbers.
- History: 815 KAR 002:010. 45 Ky.R. 874, 1529; eff. 1-4-2019; Crt to Am, filing deadline 5-24-2027.
815 KAR 2:020 Continuing education course and provider approval {#sec-815-kar-2-020 omnilex-key=us-ky-regs-official--title-815--815 KAR 2:020}
Section 1. Requirements for Continuing Education Provider Approval.
(1) A continuing education course provider shall be registered with the department.
(2) A course provider may be one of the following:
(a) Any individual, company, or organization approved by the department;
(b) A course provider of elevator continuing education may be an organization listed in KRS 198B.4025(3); or
(c) A course provider of electrical continuing education may be an organization listed in KRS 227A.100(7).
(3) Application.
(a) Each continuing education course provider shall apply to the department by submitting a completed Form HBC CE-1, Application for Course Provider Approval.
(b) A course provider that intends to offer courses covering material applicable to more than one of building inspectors, elevators, fire sprinklers, HVAC, certified installers, electrical, or plumbing shall submit one application to register with the department.
(4) The department shall maintain a list of current approved continuing education providers.
(5) A course provider shall report to the department any change in the registration information within ten (10) days of the change taking effect.
(6) Course provider registration shall be valid for two (2) years from the date of issuance.
(7) Renewal.
(a) A course provider shall renew its registration with the department prior to expiration of the course provider registration.
(b) A course provider shall submit an updated Form HBC CE-1 to the department for renewal.
(8) Inactive course provider.
(a) If a course provider does not hold at least one (1) class annually, then the course provider's approval shall be marked as inactive by the department.
(b) A course provider whose approval is inactive shall reapply to the department by submitting a completed for HBC CE-1 before offering a course.
(9) Revocation. The department may revoke a course provider's approval if the department determines that the course provider:
(a) Obtains, or attempts to obtain, registration of course approval through fraud, false statements, or misrepresentation;
(b) Does not provide complete and accurate information either in the initial registration or in notification of changes to information;
(c) Advertises a continuing education course as being approved by the department prior to receiving approval;
(d) Engages in fraudulent or deceptive business practices; or
(e) Fails to comply with the requirements of this administrative regulation.
(10) A course provider may request a hearing pursuant to KRS Chapter 13B to challenge a denial or a revocation of the course provider's registration.
Section 2. Requirements for Continuing Education Course Approval.
(1) Each continuing education course shall be approved by the department.
(2) Only an approved course provider registered with the department shall provide continuing education courses.
(3) Application. Each course provider shall submit a completed Form HBC CE-2, Application for Continuing Education Course Approval at least thirty (30) business days prior to the proposed new course's first class date.
(4) Course information changes.
(a) A course provider shall submit any change in course information within ten (10) days of the intended change taking effect.
(b) All course information changes shall be approved by the department before the changes may take effect.
(c) If a course change affects a class that is already scheduled, the course provider shall notify all licensees or certificate holders that have registered for the class.
(5) Class schedule. A course provider shall submit a class schedule for an approved course at least ten (10) days before the class date. The class schedule shall include the following:
(a) Times and dates that classes will be offered;
(b) The location where classes will be offered; and
(c) Availability of the class to the public.
Section 3. Online Continuing Education.
(1) Online continuing education courses shall:
(a) Be provided by a continuing education provider registered with the department;
(b) Except as established in subparagraph 3. of this subsection, include personal security questions, consisting of:
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One (1) random security question at each log-in; and
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Remaining security questions at intervals not to exceed twenty (20) minutes.
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Online continuing education programs with alternative assurances of user involvement shall not comply with interval security questions.
(c) Allow course participants access to the course for a minimum of thirty (30) days following receipt of payment for the course;
(d) Make the course certificate of completion available online for twelve (12) months to any licensee who completes an online course;
(e) Retain a record of all course applications and completions for a minimum of three (3) years; and
(f) Be capable of storing course content questions as follows:
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Stored content questions shall equal 150 percent of the content questions required; and
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Duplicate questions shall not be permitted.
(2) A minimum of four (4) content questions, chosen randomly from stored content questions, shall be answered during each twenty (20) minutes of continuing education programming.
(3) Notification of correct and incorrect answers prior to completion of the online course and issuance of a certificate of completion shall not be permitted.
Section 4. Continuing Education Course Records.
(1) Each registered course provider shall establish and maintain the following records for each approved course for three (3) years:
(a) Certificates of completion as provided in subsection (2) of this section;
(b) An attendance sign-in and sign-out sheet; and
(c) A course syllabus.
(2) Certificates of completion.
(a) Each registered course provider shall issue a certificate of completion for each participant who enrolled and completed an approved continuing education course.
(b) Certificates of completion shall contain the following individual participant's information:
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Name;
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License number or numbers;
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Date of attendance; and
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Course, or courses, completed.
(c) The course provider shall submit a certificate of completion:
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Electronically to the department; or
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By hard copy provided to the licensee or certificate holder.
Section 5. Reschedule and Cancellations. (1) If a course provider cancels a course, the course provider shall notify the department and persons registered for the course at least five (5) business days prior to the cancelation, unless conditions exist that would preclude a five (5) business day notification of cancellation.
Section 6. Course Audits.
(1) Records requested in writing by the department shall be delivered to the department within ten (10) business days of the requesting date.
(2) Representatives of the department may attend an approved continuing education course at no charge to ensure that the course meets the stated objectives provided by the course provider and that the course complies with this administrative regulation.
Section 7. Incorporated by Reference.
(1) The following material is incorporated by reference:
(a) "Form HBC CE-1, Application for Course Provider Approval," May 2020; and
(b) "Form HBC CE-2, Application for Continuing Education Course Approval," May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 198B.090, 198B.095, 198B.4009, 198B.4023, 198B.4025, 198B.6504, 198B. 6409, 198B.654, 198B.664, 198B.684, 227.570, 227.590, 227A.040, 227A.100, 318.054, 318.130
- STATUTORY AUTHORITY: KRS 198B.090(1)(a), 198B.095(1), 198B.4009(3), 198B.4025(3), 198B.6409(5), 198B.654(1), 198B.684, 227.570(4), 227.590(1), 227A.040(8), 227A.100(7), 318.054, 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B. 090(1)(a) requires the department to create and administer a certification program for building inspectors. KRS 198B.095(1) authorizes the department to promulgate administrative regulations to create a building inspectors training program. KRS 198B.4009(3) authorizes the department to promulgate administrative regulations necessary to implement the provisions of KRS 198B.400 through 198B.540. KRS 198B.4025(3) authorizes the department to promulgate an administrative regulation to establish requirements for approval of continuing education programs. KRS 198B.6409 requires the department to promulgate an administrative regulation to establish requirements for approval of continuing education programs and continuing education courses for certified fire sprinkler inspectors. KRS 198B.654(1) requires the department to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 through 198B.689. KRS 198B.684 authorizes the department to promulgate an administrative regulation to establish requirements for approval of continuing education courses and providers. KRS 227.590(1) requires the department to make and enforce administrative regulations to implement KRS 227.550 through 227.660. KRS 227.570(3) requires the department to establish the standards for the certified installer seal program. KRS 227A.040(8) authorizes the department to promulgate administrative regulations to establish procedures to govern the licensure of electricians and electrical contractors. KRS 227A.100(7) requires the department to promulgate an administrative regulation to establish requirements relating to continuing education, including program content and qualifications of providers. KRS 318.054 authorizes the department to adopt continuing education requirements for plumbers. This administrative regulation establishes the requirements for approval of continuing education courses and providers.
- History: 815 KAR 002:020. 45 Ky.R. 876, 1530; eff. 1-4-2019; TAm eff. 5-29-2020; Crt to Am, filing deadline 5-24-2027.
815 KAR 2:030 Vehicle identification {#sec-815-kar-2-030 omnilex-key=us-ky-regs-official--title-815--815 KAR 2:030}
Section 1. Vehicle Identification.
(1) Each vehicle used in the operating a heating, ventilation, and air conditioning company, an electrical company, or a plumbing business shall be identified as established in the following:
(a) Each vehicle used by a heating, ventilation, and air conditioning business shall bear the master HVAC contractor's Kentucky license number;
(b) Each vehicle used by an electrical business shall bear the electrical contractor's Kentucky license number; and
(c) Each vehicle used by a plumbing business shall bear the master plumber's Kentucky license number.
(2) All identification required by this administrative regulation shall be in letters and numbers not smaller than three (3) inches high and shall be legible and visible on the outside of the vehicle.
History
- RELATES TO: KRS 198B.670, 227A.020, 318.100, 318.170
- STATUTORY AUTHORITY: KRS 198B.654(1), 198B.670, 227A.040(8), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) requires the department to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 through 198B.689. KRS 198B.670 requires a master heating, ventilation, and air conditioning contractor's license number to appear on all vehicles used by the licensee for heating, ventilation, and air conditioning work. KRS 227A.040(8) requires the department to promulgate administrative regulations to establish a code of ethics and procedures governing the licensure of electrical contractors, electricians, and master electricians. KRS 318.130 requires the department to promulgate administrative regulations necessary to enforce the Kentucky State Plumbing Code. This administrative regulation establishes the identification requirements for all vehicles used in connection with heating, ventilation, and air conditioning, plumbing, and electrical work.
- History: 815 KAR 002:030. 45 Ky.R. 876; eff. 1-4-2019; Crt eff. 11-24-2025.
815 KAR 2:040 Fees and refunds {#sec-815-kar-2-040 omnilex-key=us-ky-regs-official--title-815--815 KAR 2:040}
Section 1. Payments. All payments submitted to the department shall be made payable to the Kentucky State Treasurer.
Section 2. Insufficient Funds.
(1) If a submitted payment is returned to the department for insufficient funds, the payor shall pay an insufficient funds fee of thirty-five (35) dollars, unless proof of financial institution error is provided.
(2) If a payor submits a payment that is returned to the department for insufficient funds, the department shall not accept a personal check from the payor for at least six (6) months.
Section 3. Refunds. A refund for an installation permit shall be given if:
(1) The refund request is received by the department within six (6) months of the date of issuance of the permit; and
(2) Work has not begun on the project for which the permit was issued.
History
- RELATES TO: KRS 198B.4037, 198B.615, 198B.676, 318.050, 318.054, 318.134
- STATUTORY AUTHORITY: KRS 198B.4009(3), 198B.490(1), 198B.555(2)(b), 198B.654(1), 198B.6673, 227A.050, 236.030, 236.130, 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.4009(3) authorizes the department to promulgate administrative regulations necessary to implement KRS 198B.400 through 198B.540, the Kentucky Elevator Safety Act. KRS 198B.490(1) requires that all fees paid to the department are made payable to the Kentucky State Treasurer. KRS 198B.654(1) requires the department to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 through 198B.689. KRS 198B.656, 198B.660, 198B.662, 198B.664, 198B.6671, 198B.6673, and 198B.676 authorize the department to establish license and permit fees. KRS 236.030 and 236.130 authorize the commissioner to promulgate administrative regulations that establish reasonable fees for boilers, pressure vessels, and pressure piping. KRS 318.130 requires the department to establish a State Plumbing Code and authorizes the department to promulgate reasonable rules or administrative regulations to administer KRS Chapter 318. KRS 318.050, 318.054, and 318.134 authorize the department to establish license and permit fees. This administrative regulation establishes procedures pertaining to fee payments and refunds for elevators, HVAC, and plumbing.
- History: 815 KAR 002:040. 45 Ky.R. 881; eff. 1-4-2019; Crt eff. 11-24-2025.
Chapter 4 Elevator Safety
815 KAR 4:010 Annual inspection of elevators, chairlifts, fixed guideway systems, and platform lifts {#sec-815-kar-4-010 omnilex-key=us-ky-regs-official--title-815--815 KAR 4:010}
Section 1. Annual Inspection of Elevators, Chairlifts, Fixed Guideway Systems, and Platform Lifts. An annual inspection of an elevator, chairlift, fixed guideway system, or platform lift shall be conducted in accordance with the standards as established and incorporated by reference in 815 KAR 7:120, Kentucky Building Code.
Section 2. Inspection Fees.
(1) The annual inspection fee for the issuance of a certificate of operation shall be as follows:
(2) The fee for an inspection conducted at the request of the owner or user of a unit, other than an inspection made pursuant to a construction, installation, or alteration permit, or annual inspection, shall be subject to the same fee schedule as an annual inspection in subsection (1) of this section.
Section 3. Certificate of Approval. The department shall issue a certificate of approval after successful completion of a final inspection.
History
- RELATES TO: KRS 198B.400, 198B.470, 198B.480, 198B.500, 198B.510, 198B.540
- STATUTORY AUTHORITY: KRS 198B.060(18), 198B.490
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.490 requires the Department of Housing, Buildings and Construction to promulgate administrative regulations governing the safety and inspection of elevators as defined by KRS 198B.400(1) and fixed guideway systems as defined by KRS 198B.400(11). KRS 198B.490(1) authorizes the department to prescribe, by administrative regulation, a reasonable fee to be charged for each inspection. KRS 198B.060(18) authorizes the department to establish a schedule of fees for the functions performed under KRS Chapter 198B. This administrative regulation establishes the annual inspection requirements and fees for elevators, chairlifts, fixed guideway systems, and platform lifts within the Commonwealth.
- History: 1 Ky.R. 50; eff. 10-2-1974; 5 Ky.R. 147; 819; 1068; eff. 6-6-1979; Recodified from 803 KAR 4:010, 4-1-1982; 8 Ky.R. 1174; eff. 6-2-1982; 11 Ky.R. 1917; eff. 7-9-1985; 13 Ky.R. 1651; eff. 4-14-1987; 15 Ky.R. 2286; 16 Ky.R. 17; eff. 7-7-1989; 18 Ky.R. 2432; eff. 3-7-1992; 19 Ky.R. 1893; eff. 5-10-1993; 21 Ky.R. 1384; eff. 1-9-1995; 27 Ky.R. 2237; 2790; eff. 3-22-2001; 28 Ky.R. 488; eff. 9-26-2001; 30 Ky.R. 1598; eff. 2-16-2004; 33 Ky.R. 3249; 4167; eff. 7-6-2007; 34 Ky.R. 648; 985; eff. 2-1-2008; 38 Ky.R. 334; 914; 1338; eff. 11-30-2011; 48 Ky.R. 613; eff. 3-1-2022.
815 KAR 4:025 Permit and inspection fees for new and altered elevators, chairlifts, fixed guideway systems, and platform lifts {#sec-815-kar-4-025 omnilex-key=us-ky-regs-official--title-815--815 KAR 4:025}
Section 1. Definitions.
(1) "Alteration":
(a) Means a change thatis made to an elevator, elevator equipment, elevator device, chairlift, fixed guideway system or platform lift; and
(b) Does not mean maintenance, repair, or replacement of parts in kind.
(2) "Elevator" is defined by KRS 198B.400(1).
(3) "Fixed guideway system" is defined by KRS 198B.400(11).
Section 2. Issuance of Permits.
(1) Permits to construct, install, or alter an elevator, chairlift, fixed guideway system, or platform lift shall only be issued to a Kentucky licensed elevator contractor.
(2) A Kentucky licensed elevator mechanic shall not construct, install, or alter an elevator, chairlift, fixed guideway system, or platform lift unless the work is performed under the supervision of a Kentucky licensed elevator contractor or exempt from supervision under the provisions of KRS 198B.4009(2).
Section 3. Permit Required.
(1) An application shall be made for a permit prior to construction, installation, or alteration of an elevator, chairlift, fixed guideway system, or platform lift on one (1) of the following:
(a) Form EV-1, Elevator Construction and Installation Permit Application; or
(b) Form EV-2, Elevator Alteration Permit Application.
(2) An application shall be submitted to the department before commencing elevator, chairlift, fixed guideway system, or platform lift work that requires a permit.
Section 4. Construction, Installation, and Alteration Permit Fees. Permit and inspection fees for passenger elevators, freight elevators, chairlifts, fixed guideway systems, and platform lifts shall be as follows:
Section 5. Inspection Fees.
(1)
(a) Each passenger elevator, freight elevator, chairlift, fixed guideway system, or platform lift permit shall include up to two (2) inspections at no additional cost.
(b) All passenger elevator, freight elevator, chairlift, fixed guideway system, or platform lift inspections in excess of the two (2) provided with the purchase of the permit shall be performed at the rate of the original permit fee per inspection.
(2) Payment for all necessary permits and inspections shall be received by the department prior to final approval of an elevator, chairlift, fixed guideway system, or platform lift construction, installation, or alteration being granted.
Section 6. Elevator Inspection Checklist. Prior to requesting a final inspection of the constructed, installed, or altered elevator, the elevator contractor shall submit a completed Elevator Inspection Violation Reference List for New and Existing Elevator Devices and Scheduling Checklist, Form EV-3, to the department.
Section 7. Certificate of Approval. Upon the satisfactory completion of final inspection of the constructed, installed, or altered elevator, chairlift, fixed guideway system, or platform lift a certificate of approval shall be issued by the department.
Section 8. Expiration of Permits. An elevator permit issued pursuant to this administrative regulation shall be subject to revocation, expiration, or extension pursuant to the provisions of KRS 198B.520.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Elevator Construction and Installation Permit Application", Form EV-1, May 2020; and
(b) "Elevator Alteration Permit Application", Form EV-2, May 2020.
(c) "Elevator Inspection Violation Reference List for New and Existing Elevator Devices and Scheduling Checklist", Form EV-3, May 2021.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Housing, Buildings and Construction; 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 198B.050, 198B.400-198B.540
- STATUTORY AUTHORITY: KRS 198B.060, 198B.4009, 198B.490, 198B.520
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.420 requires the Department of Housing, Buildings and Construction to administer all aspects of the State Elevator and Fixed Guideway System Inspection Program. KRS 198B.520 requires a permit to be obtained prior to the construction, installation, or alteration of an elevator or fixed guideway system. KRS 198B.490 requires the department to promulgate administrative regulations governing the safety and inspection of elevators and fixed guideway systems and authorizes the department to establish reasonable fees to be charged for each inspection. KRS 198B.060(18) authorizes the department to establish a schedule of fees for the functions performed under KRS Chapter 198B. This administrative regulation establishes the permit and inspection fees for passenger elevators, freight elevators, chairlifts, fixed guideway systems, and platform lifts.
- History: 15 Ky.R. 2355; eff. 7-7-89; Am. 19 Ky.R. 1894; eff. 5-10-93; 27 Ky.R. 3365; eff. 8-15-2001; TAm eff. 8-9-2007; 38 Ky.R. 337; 915; 1339; eff. 11-30-2011; TAm eff. 5-29-2020; 48 Ky.R. 615, 1762; eff. 3-1-2022.
815 KAR 4:027 Reporting incidents involving personal injury or death {#sec-815-kar-4-027 omnilex-key=us-ky-regs-official--title-815--815 KAR 4:027}
Section 1. Definitions.
(1) "Elevator" is defined by KRS 198B.400(1).
(2) "Fixed guideway system" is defined by KRS 198B.400(11).
(3) "Personal injury" means hurt or damage to a person's body, such as a cut or broken bone, as distinguished from injury to property or reputation.
Section 2. Elevators and Fixed Guideway System Incidents Reporting Requirements.
(1) If personal injury for which medical care is received or death occurs from the use, attempted use, or maintenance of an elevator or fixed guideway system, the owner or the owner's designee shall:
(a) Immediately notify the department of the incident;
(b) Allow the authorized elevator inspector to inspect any part of the elevator or fixed guideway system; and
(c) Prevent removal of any of the parts of the elevator or fixed guideway system until the investigating elevator inspector grants permission for removal.
(2) Use of the elevator or fixed guideway system shall be immediately discontinued following the occurrence of a personal injury for which medical care was received or death occurred from use, attempted use, or maintenance of an elevator or fixed guideway system.
(a) The elevator or fixed guideway system shall not be used until the investigating elevator inspector examines the elevator or fixed guideway system and grants approval for use.
(b) Within twenty-four (24) hours of the incident being reported, the investigating elevator inspector shall investigate and examine the elevator or fixed guideway system.
History
- RELATES TO: KRS 198B.400(1), (11), 198B.490
- STATUTORY AUTHORITY: KRS 198B.490
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.490 requires the Department of Housing, Buildings and Construction to promulgate administrative regulations to establish standards for the safety of elevators and fixed guideway systems. This administrative regulation establishes the reporting requirements for personal injury or death involving elevators or fixed guideway systems.
- History: 39 Ky.R. 1970; 2174; eff. 5-31-2013; 48 Ky.R. 617; eff. 3-1-2022.
815 KAR 4:030 Elevator licensing {#sec-815-kar-4-030 omnilex-key=us-ky-regs-official--title-815--815 KAR 4:030}
Section 1. General Requirements.
(1) Elevator contractor.
(a) Supervision. The elevator contractor shall provide general supervision and be primarily responsible for all elevator work performed by the mechanics, employees, and subcontractors of the licensee.
(b) Change of licensee's information. A licensee who is an employee of a company and whose license represents the company shall notify the department, in writing, if the licensee ceases to represent the company or if the name of the company changes.
(2) Elevator mechanic.
(a) Supervision. The elevator mechanic shall provide general supervision for all helpers or apprentices assigned to the elevator mechanic in carrying out the installation, construction, alteration, replacement, maintenance, removal, or dismantling of any elevator or fixed guideway system.
(b) Limitation on applicability. A licensed elevator mechanic may perform work on accessibility and residential elevators without obtaining an accessibility and residential elevator license.
(3) Accessibility and residential elevator mechanic.
(a) Supervision. The accessibility and residential elevator mechanic shall provide general supervision for all helpers or apprentices assigned to the accessibility and residential elevator mechanic in carrying out the installation, construction, alteration, replacement, maintenance, removal, or dismantling of any accessibility lift or private residential elevator.
(b) Limitation on applicability. A licensed accessibility and residential elevator mechanic shall not hold out himself or herself as complying with all the elevator mechanic experience and examination requirements.
Section 2. Initial Application Requirements.
(1) Filing the application.
(a) Elevator contractor. An applicant seeking an elevator contractor license shall submit to the department:
-
A completed Elevator Contractor License Application on Form EV-3;
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An initial license application fee of $240 for a twelve (12) month license. The initial license fee may be prorated for not less than seven (7) months or more than eighteen (18) months and shall expire on the final day of the applicant's birth month;
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Proof of applicant's experience as required by KRS 198B.4011 and this administrative regulation;
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A passport-sized color photograph of the applicant taken within the past six (6) months, except for an applicant that is a partnership, corporation, or other business entity;
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Proof of insurance as required by KRS 198B.4027; and
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If the elevator contractor applicant is an employee representing a company, the applicant shall state the company name on the application form. The company may provide the insurance certificates and shall be subject to this administrative regulation.
(b) Elevator mechanic and accessibility and residential elevator mechanic. An applicant seeking an elevator mechanic license or an accessibility and residential elevator mechanic license shall submit to the department:
-
A completed Elevator Mechanic License Application on Form EV-4;
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An initial license application fee of ninety-six (96) dollars for a twelve (12) month license. The initial license fee may be prorated for not less than seven (7) months or more than eighteen (18) months and shall expire on the final day of the applicant's birth month;
-
Proof of the applicant's experience as required by KRS 198B.4013 and this administrative regulation; and
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A passport-sized color photograph of the applicant taken within the past six (6) months.
(2) Termination of an application.
(a) The initial application shall remain pending until all requirements are met, up to a period of one (1) year after the date the application is received by the department.
(b) At the end of one (1) year, the application shall be void.
Section 3. Reciprocity.
(1) Out of state credentials.
(a) To be eligible for reciprocity, an applicant shall have a current license, certification, or registration in another state whose standards are substantially equal to those of this Commonwealth as established in KRS Chapter 198B and 815 KAR Chapter 4.
(b) The license, certificate, or registration shall be equivalent to the Kentucky license requested.
(2) Application.
(a) A reciprocal elevator license applicant shall submit the appropriate application and fee:
-
For an elevator contractor applicant, a completed Elevator Contractor License Application on Form EV-3 and $240; and
-
For an elevator mechanic applicant or an accessibility and residential elevator mechanic applicant, a completed Elevator Mechanic License Application on Form EV-4 and ninety-six (96) dollars.
(b) If applying for both licenses, an application fee shall be submitted for each license with each application form.
(3) Experience.
(a) Elevator contractor. A reciprocal elevator contractor applicant shall meet the experience requirement in Section 5(1) of this administrative regulation.
(b) Elevator mechanic and accessibility and residential elevator mechanic. A reciprocal elevator mechanic or an accessibility and residential elevator mechanic shall meet the experience required by KRS 198B.4013(2).
Section 4. Examination Requirements. An applicant for an elevator mechanic license or an accessibility and residential elevator mechanic license shall take and pass the examination administered in compliance with this section.
(1) Examination criteria.
(a) Elevator Mechanic. For an application pursuant to KRS 198B.4013(2)(a), the examination shall test the applicant's knowledge of codes, standards, and current technological and industry recommended practices with respect to the proper installation, maintenance, repair, remodeling, or alteration of elevators, elevator systems, and fixed guideway systems.
(b) Accessibility and Residential elevator mechanic. For an application pursuant to KRS 198B.4013(2)(b), the examination shall test the applicant's knowledge of codes, standards, and current technological and industry recommended practices with respect to the proper installation, maintenance, repair, remodeling, or alteration of accessibility lifts and private residential elevators.
(2) The department or its designee shall develop, administer, and score the examinations in subsection (1)(a) and (b) of this section.
(3) Reasonable accommodations shall be made to provide accessibility to disabled applicants, upon request.
(4) Except as established in subsection (8) of this section, an applicant shall pass with a score of at least seventy (70) percent on the examinations in subsection (1)(a) or (b) in this section.
(5)
(a) A request to sit for an examination shall be made directly to the testing facility approved by the department.
(b) A list of facilities and contact information shall be provided by the department to applicants upon request.
(6) The cost shall not exceed $100 for either the Kentucky Elevator Mechanic Examination or for the Kentucky Accessibility and Residential Elevator Mechanic Examination.
(7) A passing score on an approved elevator examination shall be valid for a period of three (3) years.
(8) Upon application by a testing agency, a national code group, or by an applicant for licensure, the department shall recognize another examination as equivalent to the examinations administered by the department or department's designee if the person or group submitting the examination demonstrates that the examinations cover the same material and require the same level of knowledge as the department's examinations.
Section 5. Experience Requirements.
(1) Minimum experience.
(a) Elevator contractor. An elevator contractor applicant shall have a minimum of three (3) years of verifiable experience as an elevator mechanic.
(b) Elevator mechanic and accessibility and residential elevator mechanic. An elevator mechanic applicant or an accessibility and residential elevator mechanic applicant shall meet the experience required by KRS 198B.4013(2).
(2) Records of experience. An applicant's experience shall be listed on the application form or included with submission of application form to the department.
(a) Proof of listed experience shall be provided by:
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A W-2 form; or
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An affidavit by an elevator contractor who directed and supervised the applicant.
(b) Additional proof of experience shall be requested by the department if the department has reason to believe that the experience shown is insufficient, falsified, or nonexistent.
Section 6. Inactive License Status.
(1) A licensee may request that a license be placed in inactive status.
(2) An elevator contractor licensee in inactive status shall not be required to maintain insurance as required by KRS 198B.4027.
(3) A certified elevator inspector may be licensed as an elevator contractor, elevator mechanic, or accessibility and residential elevator mechanic, but shall place the license in inactive status while having an active elevator inspector certification.
(4) A licensee shall not perform elevator work while the license is inactive. Performing elevator work while holding an inactive license shall be grounds for revocation or suspension of all elevator licenses and certifications held by the licensee.
Section 7. Renewal and Reactivation Requirements and Procedures.
(1) Filing for renewal. Licenses shall be renewed each year. To renew a license, a licensee shall submit to the department:
(a) A completed, applicable form:
-
For elevator contractors, the Elevator Contractor License Application on Form EV-3; or
-
For elevator mechanics and accessibility and residential elevator mechanics, the Elevator Mechanic License Application on Form EV-4;
(b) A renewal fee made payable to the Kentucky State Treasurer of:
-
$240 for an elevator contractor; or
-
Ninety-six (96) dollars for an elevator mechanic or an accessibility and residential elevator mechanic; and
(c) Proof of attendance and completion of continuing education prior to the application for renewal in accordance with 815 KAR 2:010.
(2) Each application for license renewal shall be submitted by each licensee with a United States postmark dated no later than the last day of the licensee's birth month.
(3) A renewal application submitted late, but with a United States postmark dated no more than sixty (60) days after the last day of the licensee's birth month, shall be accepted, but a restoration fee, in accordance with Section 8(1) of this administrative regulation, shall be added to the annual renewal fee.
(4) Failure to renew within sixty (60) days after the last day of the licensee's birth month shall terminate the license.
(5) To reactivate an inactive license, the inactive licensee shall:
(a) Pay the annual renewal fee;
(b) Pay the reactivation fee pursuant to Section 8(3) of this administrative regulation;
(c) Comply with the continuing education requirements established in 815 KAR 2:010; and
(d) Provide current proof of insurance required by KRS 198B.4027 if an elevator contractor.
Section 8. Special Service Fees. In addition to other fees required by this administrative regulation, the following fees shall also be applied:
(1) Restoration fee. The fee for renewal of an expired license shall be:
(a) Fifty (50) dollars for an elevator contractor; or
(b) Twenty-five (25) dollars for an elevator mechanic or accessibility and residential elevator mechanic.
(2) Reinstatement fee. The fee for reinstatement of a terminated license shall be:
(a) $100 for an elevator contractor; or
(b) Twenty-five (25) dollars for an elevator mechanic or accessibility and residential elevator mechanic.
(3) Reactivation fee. The fee for reactivation of an inactive license shall be:
(a) $120 for an elevator contractor; or
(b) Forty-eight (48) dollars for an elevator mechanic or accessibility and residential elevator mechanic.
(4) Duplicate license fee. A verified lost or destroyed license shall be replaced upon payment of a ten (10) dollar fee.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Elevator Contractor License Application", Form EV-3, April 2023; and
(b) "Elevator Mechanic License Application", Form EV-4, April 2023.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Codes Enforcement, Elevator Inspection Branch, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS 198B.4003, 198B.4009, 198B.4011, 198B.4013, 198B.4023, 198B.4025, 198B.4027, 198B.4033
- STATUTORY AUTHORITY: KRS 198B.4009(3), 198B.4023
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.4009(3) authorizes the Department of Housing, Buildings and Construction to promulgate administrative regulations necessary to implement KRS 198B.400 through 198B.540. KRS 198B.4009(1) requires elevator contractors and elevator mechanics to be licensed. KRS 198B.4013 provides the eligibility requirements for issuance of an elevator mechanic's license and an accessibility and residential elevator mechanic's license. KRS 198B.4023 authorizes the department to promulgate administrative regulations establishing the requirements for license renewal, inactive license, reactivation procedures, permissible content of continuing education programs, and qualifications of continuing education providers. This administrative regulation establishes the licensure requirements for elevator contractors, elevator mechanics, and accessibility and residential elevator mechanics.
- History: 38 Ky.R. 436; 916; eff. 11-30-2011; 39 Ky.R. 622; 1162; eff. 1-4-2013; 40 Ky.R.; 40 Ky.R. 461; 824; eff. 10-23-2013, 45 Ky.R. 790, 1532; eff. 1-4-2019; TAm eff. 5-29-2020; 49 Ky.R. 2138, 50 Ky.R. 670; eff. 12-5-2023.
Chapter 7 Kentucky Building Code
815 KAR 7:070 The Kentucky Certified Building Inspector Program {#sec-815-kar-7-070 omnilex-key=us-ky-regs-official--title-815--815 KAR 7:070}
Section 1. Definitions.
(1) "Enrolled" means an applicant has complied with the requirements established in Section 4(1) of this administrative regulation.
(2) "General supervision" means that the supervising authority oversees the work performed overall, but is not required to be on-site at all times during plan reviews and inspections.
(3) "ICC test module" means a test module, from the International Code Council, that is used to meet the module testing requirements established in Section 5 of this administrative regulation.
(4) "Limited certificate" means a document establishing that a person:
(a) Has passed the test for competency in one (1) or more NCPCCI or ICC test modules; and
(b) Is qualified to engage in the type of limited inspections listed on the certificate which represents the level of competency for which the person was tested.
(5) "NCPCCI test module" means a test module, from the National Certification Program for Construction Code Inspectors, developed by the national code enforcement organizations for the purpose of providing nationally-recognized evidence of competency and professionalism in construction code enforcement and used to meet the module testing requirements established in Section 5 of this administrative regulation.
(6) "Trainee" means a person who is enrolled in the building inspector program of the department, but has not completed the NCPCCI or ICC test modules necessary to be a certified building inspector.
Section 2. Inspection Operations.
(1)
(a) Each governmental entity engaged in a building inspection program shall have at least one (1) certified building inspector with the level of credentials required for buildings covered by the governmental entity's program.
(b) The certified building inspector shall be responsible for all:
-
Construction document approvals;
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Inspections; and
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Issuance of certificates of occupancy.
(2) A trainee may be used in a building inspection program. If used:
(a) The trainee shall operate under the general supervision of a certified building inspector.
(b) A trainee shall not issue:
-
Permits;
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Construction document approval letters;
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Inspection compliance letters; or
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Certificates of occupancy.
(c) A trainee holding a current limited certificate shall exercise only the duties authorized by that certificate.
(3)
(a) A person making inspections as authorized by this administrative regulation shall not overrule, supplant, or order corrections or alterations that conflict with the approved construction documents.
(b) If an inspector believes construction documents are incorrect or the construction is in violation of the Kentucky Building Code or the Kentucky Residential Code, the inspector shall immediately refer the matter to the certified building inspector responsible for approval of the construction documents for resolution.
(4)
(a) A local building inspector shall not perform the inspections or plan reviews on buildings assigned to the department by KRS 198B.060(4) unless the local governmental entity petitioned and was approved for expanded jurisdiction in accordance with 815 KAR 7:110.
(b) A local building inspector shall only perform inspections or plan reviews as outlined in the expanded jurisdiction agreement with the department.
(5) A person making inspections pursuant to a limited certificate shall be supervised by a certified building inspector with a level I certification or higher.
(6) A person making inspections as a trainee without a certificate shall be supervised by a person with a level of certification equal to or higher than that which the trainee is pursuing.
Section 3. Application for Training and Certification.
(1) An applicant seeking to become a trainee or a candidate for certification shall submit to the department:
(a) A completed Initial Application Form, DHBC - BC/CP 1;
(b) A fifty (50) dollar application fee; and
(c) Written proof that the applicant has:
- Graduated from high school or earned a general education diploma; and
a. Two (2) years experience in a responsible, directly-related construction position, such as a foreman, which required the ability to effectively read and interpret building plans and specifications; or
b. Two (2) years experience in an architect's or engineer's office performing building design or drafting duties;
-
Graduated from a college or university with an associate degree in a design, building technology, or construction-related subject; or
-
Graduated from a college or university with a bachelor's degree in architecture, engineering, fire science, or building technology.
(2) A person shall not engage in inspection activities for the enforcement of the Kentucky Building Code or the Kentucky Residential Code unless that person receives certification from the department.
Section 4. Training and Testing Requirements. A candidate seeking to become a certified building inspector and all trainees shall:
(1) Attend orientation training provided by or approved by the department; and
(2) Submit proof of completing a minimum of twelve (12) hours of continuing education training annually. Proof may be submitted by:
(a) A completed Continuing Education Verification Form, DHBC - BC/CE 1; or
(b) A certificate of completion provided by a pre-approved training provider.
Section 5. Certification Requirements, Responsibilities, and Jurisdiction for Certified Inspectors.
(1) One (1) and two (2) family dwelling inspector.
(a) A person shall be classified as a one (1) and two (2) family dwelling inspector if the person passed the following:
- NCPCCI test modules:
a. Test 1A Building One- and Two-Family Dwelling; and
b. Test 4A Mechanical One- and Two-Family Dwelling; or
- ICC test modules:
a. Test B1 Residential Building Inspector; and
b. Test M1 Residential Mechanical Inspector; and
(b) Complied with the requirements of this administrative regulation.
(c) A one (1) and two (2) family dwelling inspector shall be qualified to perform all functions related to the enforcement of the Kentucky Residential Code. A one (1) and two (2) family dwelling inspector shall be qualified to do the following for the construction of one (1) and two (2) family dwellings and townhouses:
-
Issue permits;
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Review and approve construction documents;
-
Conduct on-site inspections; and
-
Issue compliance letters and certificates of occupancy
(2) Building inspector, level I.
(a) A person shall be classified as a building inspector, level I, if the person has passed the following:
- NCPCCI test modules:
a. Test 1A Building One- and Two-Family Dwelling;
b. Test 4A Mechanical One- and Two-Family Dwelling;
c. Test 1B Building General; and
d. Test 3B Fire Protection General; or
- ICC test modules:
a. Test B1 Residential Building Inspector;
b. Test B2 Commercial Building Inspector; and
c. Test M1 Residential Mechanical Inspector; and
(b) Complied with the requirements of this administrative regulation.
(c) A building inspector, level I, shall be qualified to perform all functions related to the enforcement of the Kentucky Building Code and the Kentucky Residential Code. A building inspector, level I, shall be qualified to do the following for buildings of the occupancy, type, and size assigned to local governments by KRS 198B.060(2):
-
Issue permits;
-
Review and approve construction documents;
-
Conduct on-site inspections; and
-
Issue compliance letters and certificates of occupancy
(3) Building inspector, level II.
(a) A person shall be classified as a building inspector, level II, if the person has passed the following:
- NCPCCI test modules:
a. Test 1A Building One- and Two-Family Dwelling;
b. Test 4A Mechanical One- and Two-Family Dwelling;
c. Test 1B Building General;
d. Test 3B Fire Protection General; and
e. Test 4B Mechanical General; or
- ICC test modules:
a. Test B1 Residential Building Inspector;
b. Test B2 Commercial Building Inspector;
c. Test M1 Residential Mechanical Inspector; and
d. Test M2 Commercial Mechanical Inspector; and
(b) Complied with the requirements of this administrative regulation.
(c)
-
A building inspector, level II, shall be qualified to perform the same functions as a building inspector, level I, as set out in subsection (2)(c) of this administrative regulation; and
-
A building inspector, level II, shall be qualified to conduct on-site inspections of all buildings which were assigned to the department pursuant to KRS 198B.060(4).
(4) Building inspector, level III.
(a) A person shall be classified as a building inspector, level III, if the person has passed the following:
- NCPCCI test modules:
a. Test 1A Building One- and Two-Family Dwelling;
b. Test 4A Mechanical One- and Two-Family Dwelling;
c. Test 1B Building General;
d. Test 3B Fire Protection General;
e. Test 4B Mechanical General;
f. Test 1C Building Plan Review;
g. Test 3C Fire Protection Plan Review; and
h. Test 4C Mechanical Plan Review; or
- ICC test modules:
a. Test B1 Residential Building Inspector;
b. Test B3 Building Plans Examiner;
c. Test M1 Residential Mechanical Inspector; and
d. Test M3 Mechanical Plans Examiner; and
(b) Complied with the requirements of this administrative regulation.
(c) A building inspector, level III, shall be qualified to perform all functions related to the enforcement of the Kentucky Building Code and the Kentucky Residential Code. A building inspector, level III, shall be qualified to do the following for all buildings regardless of size or occupancy type:
-
Issue permits;
-
Review and approve construction documents;
-
Conduct on-site inspections; and
-
Issue compliance letters and certificates of occupancy
(5) Mechanical inspector, one (1) and two (2) family dwellings.
(a) A person shall be classified as a mechanical inspector of one (1) and two (2) family dwellings if the person has passed the following:
-
NCPCCI Test 4A Mechanical One- and Two-Family Dwelling test module; or
-
ICC Test M1 Residential Mechanical Inspector test module; and
(b) Complied with the requirements of this administrative regulation.
(c) A mechanical inspector of one (1) and two (2) family dwellings shall be qualified to perform all functions related to the enforcement of the mechanical requirements of the Kentucky Residential Code including conducting inspections of one (1) and two (2) family dwelling mechanical installations for compliance.
(6) Mechanical inspector general (other than one (1) and two (2) family dwellings).
(a) A person shall be classified as a mechanical inspector general if the person has passed the following:
-
NCPCCI Test 4B Mechanical General test module; or
-
ICC Test M2 Commercial Mechanical Inspector test module; and
(b) Complied with the requirements of this administrative regulation.
(c) A mechanical inspector general shall be qualified to perform all functions related to the enforcement of the mechanical requirements of the Mechanical Code including management of mechanical code enforcement activity, supervision of mechanical inspectors or plans examination, performing plans examination for compliance, and conducting inspections of structures for compliance.
(7) Mechanical inspector and plan reviewer.
(a) A person shall be classified as a mechanical inspector and plan reviewer if the person has passed the following:
- NCPCCI test modules:
a. Test 4A Mechanical One- and Two-Family Dwelling;
b. Test 4B Mechanical General; and
c. Test 4C Mechanical Plan Review; or
- ICC test modules:
a. Test M1 Residential Mechanical Inspector; and
b. Test M3 Mechanical Plans Examiner; and
(b) Complied with the requirements of this administrative regulation.
(c) A mechanical inspector and plan reviewer shall be qualified to perform all functions related to the enforcement of the mechanical requirements of the Kentucky Residential Code and the Mechanical Code including management of mechanical code enforcement activity, supervision of mechanical inspectors or plans examination, performing plans examination for compliance and conducting inspections of structures for compliance.
(8) Upon application by a testing agency, a national code group, or by an applicant for certification, the department may recognize other examinations as equivalent to the listed NCPCCI or ICC examinations. The person or group submitting the examination shall demonstrate that the examinations cover the same codes and require the same level of knowledge as the NCPCCI or ICC examinations.
Section 6. Inactive Certification.
(1) A certified inspector or an inspector holding a limited certificate may request that the certification be placed in an inactive status by notifying the department in writing.
(2) A certified inspector whose certification is inactive shall not:
(a) Perform an inspection while the certification is inactive; and
(b) Be required to obtain annual continuing education during the inactive status.
Section 7. Renewal, Reactivation, and Reinstatement.
(1) Renewal.
(a) A certified inspector, trainee, or an inspector holding a limited certificate, shall submit to the department not later than the last day of the certified inspector or trainee's birth month:
-
An annual renewal fee of fifty (50) dollars; and
-
Proof of completion of the continuing education requirements pursuant to 815 KAR 2:010.
(b) A late fee of fifty (50) dollars shall be assessed if renewal is not postmarked by the last day of the certified inspector or trainee's birth month.
(c) Certification shall terminate if a certified inspector or trainee fails to renew ninety (90) days after the last day of that person's birth month.
(2) Reactivation. A certified inspector or inspector holding a limited certificate whose certification is inactive may reactivate the certification by submitting to the department:
(a) Proof of completion of continuing education pursuant to 815 KAR 2:010 within twelve (12) months prior to the request for reactivation; and
(b) Payment for one-half (1/2) the fee for an active certification in addition to the renewal fee in subsection (1)(a)1 of this section.
(3) Reinstatement.
(a) A certified building inspector whose certification has been terminated may be reinstated no more than three (3) years of the date of termination by submitting to the department:
-
A reinstatement fee equal of fifty (50) dollars; and
-
The renewal fee in subsection (1)(a)1 of this section.
(b) Reinstatement after the three (3) year period shall require the applicant to successfully complete the examinations corresponding to the certification level sought for reinstatement.
Section 8. Suspension and Revocation of Certification.
(1) Complaints concerning a certified inspector shall be submitted to the department in writing for review.
(2) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may suspend or revoke a certified inspector's certification if he or she determines after a thorough investigation of the evidence that the certified inspector is:
(a) Not enforcing the Kentucky Building Code;
(b) Not enforcing the Kentucky Residential Code;
(c) Improperly enforcing the Kentucky Building Code;
(d) Improperly enforcing the Kentucky Residential Code; or
(e) Violating his or her responsibilities as an inspector.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Initial Application Form", DHBC-BC/CP 1, May 2020; and
(b) "Continuing Education Verification Form", DHBC-BC/CE 1, August 2018;
(2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS 198B.010(6), 198B.040(3), 198B.050(3)(c), (6), 198B.060, 198B.090, 198B.095
- STATUTORY AUTHORITY: KRS 198B.050(5), 198B.090(1)(a), (b), 198B.095(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.090(1) requires the department to create and administer a building inspector's certification program and a plans and specifications inspector's certification program with sufficient testing procedures. KRS 198B.050(5) requires the department to promulgate administrative regulations necessary to implement the Uniform State Building Code. KRS 198B.095(1) authorizes the department to promulgate an administrative regulation to establish a building inspector training program. This administrative regulation establishes the testing, training, continuing education, and enforcement responsibilities for qualifying persons to become inspectors for the enforcement of the Kentucky Building Code and the Kentucky Residential Code.
- History: 815 KAR 007:070. 10 Ky.R. 257; eff. 9-7-1983; 13 Ky.R. 1484; 2005; eff. 5-14-1987; 14 Ky.R. 632; eff. 11-6-1987; 18 Ky.R. 1415; 2258; eff. 1-10-1992; 24 Ky.R. 945; eff. 12-15-1997; 27 Ky.R. 2238; 2791; eff. 3-22-2001; 31 Ky.R. 1742; 1975; eff. 7-1-2005; 35 Ky.R. 191; 563; eff. 9-24-2008; 36 Ky.R. 1126; 1488; eff. 2-5-2010; 2251; 37 Ky.R. 65; eff. 8-6-2010; 39 Ky.R. 1499; 1882; eff. 4-5-2013; 45 Ky.R. 794, 1534; eff. 1-4-2019; TAm eff. 5-29-2020; Crt to Am; filing deadline 6-4-2027.
815 KAR 7:080 Licensing of fire protection sprinkler contractors {#sec-815-kar-7-080 omnilex-key=us-ky-regs-official--title-815--815 KAR 7:080}
Section 1. Definitions.
(1) "Department" is defined by KRS 198B.550(1).
(2) "Certificate of competency" means the certificate of registration issued by the department to an individual who demonstrates competency to design fire suppression systems by successfully completing the minimum requirements of this administrative regulation.
(3) "Certificate holder" is defined by KRS 198B.550(5).
(4) Commissioner" is defined by KRS 198B.550(2).
(5) "Fire protection sprinkler contractor" is defined by KRS 198B.550(3).
(6) "Fire protection sprinkler system" is defined by KRS 198B.550(6).
(7) "Inspection" means a physical and visual examination of a sprinkler system installation.
(8) "Installation" means the initial placement of a system or its extension or alteration after initial placement.
Section 2. Responsibilities of the Commissioner. The commissioner shall review applications, accept fees, and issue certificates and licenses to qualified persons and firms pursuant to this administrative regulation. He or she shall conduct investigations upon receipt of written complaints that allege that a certificate holder or licensed fire protection sprinkler contractor has acted in violation of KRS Chapter 198B or of this administrative regulation.
Section 3. Applicability. Except as exempted by KRS 198B.560, this administrative regulation shall apply to all firms and persons who engage in the business of design and preparation of technical drawings, installation, repair, alteration, extension, maintenance, or inspection of a fire protection sprinkler system.
Section 4. Application for Certificate of Competency.
(1) An applicant for certificate of competency shall comply with the examination requirements in KRS 198B.570 for the type of system for which the applicant seeks certification.
(2) An applicant for a fire protection sprinkler system certificate of competency shall submit to the department:
(a) Completed forms FPS-SC-2 and 2a;
(b) Proof of current National Institute for Certificate in Engineering Technologies (NICET) certification in fire protection engineering technology automatic sprinkler system design, level III, or higher; and
(c) A nonrefundable, prorated certificate fee of $125.
(3) An applicant for a range hood suppression system certificate of competency shall submit to the department:
(a) Completed Forms FPS-RC-2 and 2a;
(b) Proof of current manufacturer's training certification; and
(c) A nonrefundable, prorated certificate fee of $125.
(4) Application for a chemical system certificate of competency shall be as established in paragraphs (a) and (b) of this subsection.
(a) An applicant for a pre-engineered chemical systems (limited) certificate of competency shall submit to the department:
-
Completed Forms FPS-CC-2 and 2a;
-
Proof of current manufacturer's training certification; and
-
A nonrefundable, prorated certificate fee of $125.
(b) An applicant for an engineer chemical systems (unlimited) certificate of competency shall submit to the department:
-
Completed Forms FPS-CC-2 and 2a;
-
Proof of current NICET certification in special hazard systems layout technician, level III; and
-
A nonrefundable, prorated certificate fee of $125.
Section 5. Application for Contractor's License.
(1) An applicant for a contractor's license shall submit to the department:
(a)
-
Proof of having a certificate holder in his or her employ; and
-
Proof of financial responsibility as required by KRS 198B.595.
(b) (a) For fire protection sprinkler contractors, a completed Form FPS-SL-1;
(c) (b) For rangehood suppression system contractors, a completed Form FPS-RL-1; and
(d) (c) For chemical suppression system contractors a completed Form FPS-CL-1.
(2)
(a) Each application shall be accompanied by a fee of $250.
(b) The initial license fee shall be prorated.
Section 6. Certificate Holder Seal. Each certificate holder shall obtain and use a seal for all work prepared by him or her or under his or her direct supervision. The design shall be as follows:
Section 7. Certification and Licensure.
(1) Upon completion of the requirements of KRS 198B.595, the certificate of competency shall be issued by the commissioner in the name of the applicant.
(2) All fire protection sprinkler contractor licenses shall be issued in the name of the firm listed on the application and shall state the name of the certificate holder on the face of the license.
(3) Each license and certificate shall expire on the last day of the licensee or certificate holder's birth month.
(4) To renew a certificate of competency, a certificate holder shall submit to the department:
(a) The completed applicable form listed in Section 4(1)(a)-(c) of this administrative regulation; and
(b) A renewal fee of $125 for each certificate.
(5) To renew of a contractor's license, a licensee shall submit to the department:
(a) The completed applicable form listed in Section 5(2)(a) through(c) of this administrative regulation; and
(b) A renewal fee of $250 for each license.
Section 8. Duties and Responsibilities of a Licensed Contractor and Certificate Holder.
(1) A person shall not represent himself as a fire protection sprinkler contractor without first being licensed by the department in accordance with this administrative regulation.
(2) The design of a system shall be prepared by either a licensed professional engineer or a licensed fire protection sprinkler contractor as required by KRS 198B.565.
(3) A person other than a certificate holder shall not engage in any activity listed in Section 3(1) of this administrative regulation unless he or she is supervised by or has in his or her employ, a lawfully authorized certificate holder.
Section 9. Procedures for Administrative Disciplinary Hearings. Disciplinary action authorized by KRS 198B.620 shall be conducted as established in subsections (1) and (2) of this section.
(1) Upon receipt of a written complaint that a licensee or certificate holder has engaged in any prohibited behavior or failed to satisfy responsibilities as established in this administrative regulation, the commissioner shall cause an investigation to be made of the matter.
(2) If the commissioner determines that there is reason to believe the violations alleged, the commissioner shall conduct a hearing in accordance with KRS Chapter 13B.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) Form FPS-SC-2 and 2a, Application for Certificate of Competency; Fire Protection Sprinkler Systems, May 2021;
(b) Form FPS-SL-1, Application for Contractor License; Fire Protection Sprinkler Systems, May, 2001;
(c) Form FPS-RC-2 and 2a, Application for Certificate of Competency; Fire Protection Rangehood, May 2021;
(d) Form FPS-RL-1, Application for Contractor License; Fire Protection Rangehood, May 2001;
(e) Form FPS-CC-2 and 2a, Application for Certificate of Competency; Fire Protection Chemical, May, 2021; and
(f) Form FPS-CL-1, Application for Contractor License; Fire Protection Chemical, May, 2001.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, between 8 a.m. and 4:30 p.m., Monday through Friday.
History
- RELATES TO: KRS 198B.550 - 198B.630
- STATUTORY AUTHORITY: KRS 198B.555
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.555 requires the commissioner of the Department of Housing, Buildings and Construction to promulgate reasonable administrative regulations necessary for the administration of KRS 198B.550 through 198B.630. This administrative regulation establishes the qualifications, responsibilities, procedures, and fees for licensing fire protection sprinkler contractors and for certifying certificate of competency holders.
- History: 11 Ky.R. 372; eff. 9-11-1984; 13 Ky.R. 2113; eff. 7-2-1987; 16 Ky.R. 1267; 1588; eff. 1-25-1990; 18 Ky.R. 1226; 1883; eff. 12-8-1991; 27 Ky.R. 3366; eff. 8-15-2001; TAm eff. 8-9-2007; 48 Ky.R. 618; 1763; eff. 3-1-2022.
815 KAR 7:110 Criteria for expanded local jurisdiction {#sec-815-kar-7-110 omnilex-key=us-ky-regs-official--title-815--815 KAR 7:110}
Section 1. Definitions.
(1) "Local governing body" means the chief governing body of a city, county, consolidated local government, or urban-county having legislative powers.
(2) "Local government" means:
(a) A city, as established by KRS Chapters 67A, 67C, 83, and 83A;
(b) A county, as defined by KRS 212.626(5);
(c) A consolidated local government; or
(d) An urban-county government.
Section 2. Uniform Criteria for Granting Expanded Jurisdiction.
(1) Inspector requirements. A local government shall employ or execute a legal contract with at least one (1):
(a) Individual certified as a building inspector, level III, in accordance with 815 KAR 7:070. The building inspector, level III, shall be responsible for reviewing plans, reviewing specifications, and performing building inspections; and
(b) Certified electrical inspector in accordance with KRS 227.489 and 815 KAR 35:015. The certified electrical inspector shall enforce the National Electrical Code (NFPA 70) as adopted and incorporated into the Kentucky Building Code, 815 KAR 7:120, and Kentucky Residential Code, 815 KAR 7:125.
(2) Record retention.
(a) The local government shall be responsible for maintaining all records in compliance with the department's record retention schedule in accordance with 725 KAR 1:061.
(b) If the local government contracts with a person, firm, or company to perform plan and specification inspections or building inspection functions pursuant to KRS 198B.060(15), the local government shall be responsible for the records produced by the person, firm, or company in compliance with paragraph (a) of this subsection.
(3) Minimum jurisdiction responsibilities. The local government shall maintain the minimum responsibilities required by KRS 198B.060(2), unless additional responsibilities are specifically agreed upon in writing between the local government and the department pursuant to KRS 198B.060(5) and this administrative regulation.
(4) State jurisdiction. The department shall retain plan review, inspection, and enforcement responsibility pursuant to the Kentucky Building Code, 815 KAR 7:120, for all buildings that are:
(a) Institutional buildings;
(b) Educational buildings, unless specifically agreed otherwise in writing by the local government and the department;
(c) Licensed facilities as mandated by the Cabinet for Health and Family Services, including day care centers, hospitals, and nursing homes;
(d) State-owned and state-leased buildings and facilities;
(e) High-hazard occupancies, unless specifically agreed otherwise in writing by the local government and the department; and
(f) Industrialized building systems (including modular homes), except for site placement and assembly of individual modular homes. A local government may permit placement and assembly locally. Local placement and assembly shall not commence until the local government submits written notification to the department for each placement.
Section 3. Application for Expanded Jurisdiction.
(1) Application. An authorized representative of a local government shall submit to the department:
(a) A completed Application for Local Expanded Jurisdiction, Form BCE/EJ #1;
(b) An affidavit certifying the local government employs or contracts with a certified building inspector, level III, and a certified electrical inspector and the name and job title for each inspector;
(c) A complete list of code enforcement personnel employed by or contracted with the local government, including the name, job title, and certification status of each individual;
(d) Documentation of all permits issued and fees collected for the previous calendar year, if any, and an estimation of the anticipated increase in activity if granted expanded jurisdictional authority;
(e) A complete list of each:
-
Building occupancy, classification, and size for which expanded jurisdiction is requested; and
-
Building occupancy, classification, and size for which expanded jurisdiction is not requested;
(f) A copy of the local ordinance requiring single-family dwelling plan review and inspection within the jurisdiction;
(g) A copy of the schedule of relevant fees adopted by the local governing body;
(h) A copy of any agreement between the applicant and another local government pursuant to KRS 198B.060(14); and
(i) A copy of any agreement between the applicant and any person, firm, or company to perform plan and specification inspections or building inspection functions pursuant to KRS 198B.060(15).
(2) Expanded jurisdiction agreement.
(a) If the application is approved by the department, the department and the local government shall enter into an expanded jurisdiction agreement.
(b) Each agreement for expanded jurisdiction shall be in effect for three (3) years, unless:
-
Canceled by one or both parties in writing; or
-
Preempted in whole or in part pursuant to subsection (1) of this section.
(c) The local government shall notify the department within thirty (30) days of any changes in personnel or fees that differ from the terms of the agreement.
Section 4. Procedures for Maintaining Expanded Jurisdiction.
(1) Renewal. Before the expiration of the agreement, the local jurisdiction shall submit a Renewal Application for Expanded Jurisdiction on Form BCE/EJ #2. The renewal application shall include the submissions required by Section 3 of this administrative regulation.
(2) Renewal application review. After receiving and reviewing the local government's application for renewal, the department shall:
(a) Reevaluate the building code enforcement program of the local government; and
(b) Renew the local government's expanded jurisdiction agreement or deny the renewal request within forty-five (45) days of receiving the local program's renewal application and supporting documentation.
(3) Expanded jurisdiction monitoring. The department shall monitor the program of each local government granted expanded jurisdiction responsibilities. If a local government violates the requirements of this administrative regulation; the Kentucky Building Code, 815 KAR 7:120; the Kentucky Residential Code, 815 KAR 7:125; the terms of the expanded jurisdiction agreement; or KRS Chapters 198B, 236, or 318, the department may preempt the local government, in whole or in part.
(4) The department shall retain plan review, inspection, and enforcement responsibility pursuant to the Kentucky Building Code, 815 KAR 7:120, for all buildings as established in the agreement for expanded local jurisdiction with the local government.
Section 5. Local Appeals Board.
(1) The local government with expanded jurisdiction may establish a local appeals board. A local appeals board shall operate in accordance with KRS 198B.070.
(2) If the local government establishes a local appeals board, the local government shall send a written notice to the department, which shall:
(a) Identify each member by name and qualifications for being appointed to the appeals board; and
(b) Include contact information for the local appeals board.
(3) If a local appeals board is not established, all costs incurred by the department to conduct hearings for appeals filed pursuant to KRS 198B.070(5) shall be charged to the local government.
Section 6. One
(1) and Two (2) Family Dwellings. (1) The local building inspection program shall not include the plan review and inspection for one (1) and two (2) family dwellings that are:
(a) Manufactured homes;
(b) Modular homes; or
(c) Farm dwellings.
(2) The local building inspection program shall include permits and inspections for the foundation system and other on-site construction related to modular home installations.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Application for Local Expanded Jurisdiction", Form BCE/EJ #1, May 2018; and
(b) "Renewal Application for Expanded Jurisdiction", Form BCE/EJ #2, May 2018.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601, Monday Through Friday, 8 a.m. to 4:30 p.m. and is available online at dhbc.ky.gov.
History
- RELATES TO: KRS 67A, 67C, 82.105(1), 83, 83A, 198B.040(7), 198B.050, 198B.060, 198B.070, 212.626(5), 227.489
- STATUTORY AUTHORITY: KRS 198B.050(5), 198B.060(5), (6), (18)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.060(5) and (6) authorize a local government to petition the commissioner to request additional plan review and inspection functions. This administrative regulation establishes the requirements for local governments to request and be granted expanded jurisdiction for building code plan review and inspection.
- History: 27 Ky.R. 1405; 1812; eff. 1-15-2001; 34 Ky.R. 1224; 1739; eff. 2-1-2008; 37 Ky.R. 859; 1209; eff. 11-17-2010; 39 Ky.R. 1503; 1886; eff. 4-5-2013; 44 Ky.R. 2439; 45 Ky.R. 343; eff. 8-22-2018; TAm eff. 5-29-2020; 48 Ky.R. 621, 1765; eff. 3-1-2022.
815 KAR 7:120 Kentucky Building Code {#sec-815-kar-7-120 omnilex-key=us-ky-regs-official--title-815--815 KAR 7:120}
Section 1. Definitions.
(1) "Building" is defined by KRS 198B.010(4).
(2) "Department" is defined by KRS 198B.010(13).
(3) "Industrialized building system" or "building system" is defined by KRS 198B.010(18).
(4) "Manufactured home" is defined by KRS 227.550(6).
(5) "Single-family dwelling" or "1 family dwelling" means a single unit that:
(a) Provides complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and
(b) Is not connected to another building.
(6) "Townhouse" means a single-family dwelling unit constructed in a group of three (3) or more attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two (2) sides.
(7) "Two (2) family dwelling" means a building containing not more than two (2) dwelling units that are connected.
Section 2. Building Code. The 2015 International Building shall be the mandatory state building code for all buildings constructed in Kentucky except that:
(1) The Kentucky amendments in the 2018 Kentucky Building Code shall supersede any conflicting provision in the 2015 International Building Code;
(2) One (1) family dwellings, two (2) family dwellings, and townhouses shall be governed by 815 KAR 7:125; and
(3) Manufactured homes shall be governed by KRS 227.550 through 227.665.
Section 3. State Plan Review and Inspection Fees. The fees required by this section shall apply for plan review and inspection by the department.
(1) Fast track elective.
(a) A request for expedited site and foundation approval of one (1) week or less, prior to full review of the complete set of construction documents, shall be accompanied by the fee required by Table 121.3.1 in subsection (3) of this section, plus an additional fifty (50) percent of the basic plan review or inspection fee.
(b) The additional fifty (50) percent fee shall not be less than $400 and not more than $3,000.
(c) The entire fee shall be paid with the initial plan submission.
(2) New buildings.
(a) The department's inspection fees shall be calculated by multiplying:
-
The cost per square foot of each occupancy type as listed in Table 121.3.1 in subsection (3) of this section; and
-
The square footage of the outside dimensions of the building.
(b) The fee for a building with multiple or mixed occupancies shall be calculated using the cost per square foot multiplier of the predominant use.
(c) The minimum fee for review of plans pursuant to this subsection shall be $285.
(3) Table 121.3.1, Basic Department Fee Schedule. The basic plan review or inspection fee shall be as established in Table 121.3.1 in this subsection.
(4) Additions to existing buildings.
(a) Plan review fees for additions to existing buildings shall be calculated by multiplying the cost per square foot of the occupancy type listed in Table 121.3.1 in subsection (3) of this section by the measurement of the square footage of the addition, as determined by the outside dimensions of the addition and any other changes made to the existing build.
(b) The minimum fee for review of plans pursuant to this subsection shall be $285.
(5) Change in use.
(a) Plan review fees for existing buildings in which the use group or occupancy type is changed shall be calculated in accordance with the schedule listed in Table 121.3.1 in subsection (3) of this section by using the total square footage of the entire building or structure pursuant to the new occupancy type as determined by the outside dimensions.
(b) The minimum fee for review of plans pursuant to this subsection shall be $285.
(6) Alterations and repairs.
(a) Plan review fees for alterations and repairs not otherwise covered by this fee schedule shall be calculated by using the lower result of multiplying the:
-
Cost of the alterations or repairs by 0.0030; or
-
Total area being altered or repaired by the cost per square foot of each occupancy type listed in the schedule in subsection (3) of this section.
(b) The total square footage shall be determined by the outside dimensions of the area being altered or repaired.
(c) The minimum fee for review of plans pursuant to this subsection shall be $285.
(7) Specialized fees. In addition to the fees established by subsections (1) through (6) of this section, the following fees shall be applied for the specialized plan reviews listed in this subsection:
(a) Table 121.3.9, Automatic Sprinkler Review Fee Schedule. The inspection fee for automatic sprinklers shall be as established in Table 121.3.9 in this paragraph;
(b) Fire detection system review fee.
-
Zero through 20,000 square feet shall be $275; and
-
Over 20,000 square feet shall be $275 plus thirty (30) dollars for each additional 10,000 square feet in excess of 20,000 square feet;
(c) The standpipe plan review fee shall be $275. The combination of stand pipe and riser plans shall be reviewed pursuant to the automatic sprinkler review fee schedule;
(d) Carbon dioxide suppression system review fee.
-
One (1) through 200 pounds of agent shall be $275; and
-
Over 200 pounds of agent shall be $275 plus five (5) cents per pound in excess of 200 pounds;
(e) Clean agent suppression system review fee.
a. Up to thirty-five (35) pounds of agent shall be $275; and
b. Over thirty-five (35) pounds of agent shall be $275 plus ten (10) cents per pound in excess of thirty-five (35) pounds; and
- The fee for gaseous systems shall be ten (10) cents per cubic foot and not less than $150;
(f) Foam suppression system review fee.
-
The fee for review of a foam suppression system shall be fifty (50) cents per gallon of foam concentrate if the system is not part of an automatic sprinkler system.
-
Foam suppression system plans that are submitted as part of an automatic sprinkler system shall be reviewed pursuant to the automatic sprinkler review fee schedule.
-
The fee for review of plans pursuant to subclause 1. of this paragraph shall not be less than $275 or more than $1,500;
(g) The commercial range hood review fee shall be $225 per hood;
(h) Dry chemical systems review fee (except range hoods). The fee for review of:
-
One (1) through thirty (30) pounds of agent shall be $275; and
-
Over thirty (30) pounds of agent shall be $275 plus twenty-five (25) cents per pound in excess of thirty (30) pounds; and
(i) The flammable, combustible liquids or gases, and hazardous materials plan review fee shall be $100 for the first tank, plus fifty (50) dollars for each additional tank and $100 per piping system including valves, fill pipes, vents, leak detection, spill and overfill detection, cathodic protection, or associated components.
Section 4. General. All plans shall be designed and submitted to conform to this administrative regulation.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "2015 International Building Code", International Building Code Council, Inc.; and
(b) "2018 Kentucky Building Code", Fourth Edition, February 2024.
(2) This material may be inspected copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS 132.010, 198B.010, 198B.040, 198B.050, 198B.060, 198B.080, 198B.260, 198B.990, 227.300, 227.550(6)
- STATUTORY AUTHORITY: KRS 198B.040(7), 198B.050, 198B.260
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.040(7) and 198B.050 require the department to promulgate a mandatory uniform state building code that establishes standards for the construction of all buildings in the state. This administrative regulation establishes the Kentucky Building Code's general provisions.
- History: 27 Ky.R. 3474; 28 Ky.R. 391; eff. 8-15-2001; 2453; 29 Ky.R. 133; eff. 7-15-2002; 808; eff. 11-12-2002; 2160; 2468; eff. 3-24-2003; 2986; 30 Ky.R. 285; 1599; eff. 8-13-2003; 1599; eff. 2-16-04; 31 Ky.R. 1899; 32 Ky.R. 77; eff. 7-27-2005; 33 Ky.R. 3250; 4168; eff. 7-6-2007; 34 Ky.R. 1226; 1740; eff. 2-1-2008; 35 Ky.R. 2359; 2772; 36 Ky.R. 75; eff. 7-29-2009; 2065-M; 2046-A; eff. 5-7-2010; 37 Ky.R. 1092; 1727; eff. 3-4-2011; 38 Ky.R. 692; 920; eff. 11-30-2011; 39 Ky.R. 1506; 40 Ky.R. 17; eff. 8-2-2013; 2630; eff. 8-1-2014; 41 Ky.R. 1181; eff. 3-6-2015; 42 Ky.R. 2650; eff. 6-22-2016; 43 Ky.R.2067, 44 Ky.R. 95; eff. 7-26-2017; 44 Ky.R. 2442; 45 Ky.R. 96; eff. 8-22-2018; 45 Ky.R. 3274; eff. 8-2-2019; TAm eff. 5-29-2020; 48 Ky.R. 3053; 49 Ky.R. 617; eff. 11-15-2022; 50 Ky.R. 1973; 51 Ky.R. 500; eff. 12-3-2024.
815 KAR 7:125 Kentucky Residential Code {#sec-815-kar-7-125 omnilex-key=us-ky-regs-official--title-815--815 KAR 7:125}
Section 1. Definitions.
(1) "Single-family dwelling" or "one (1)-family dwelling" means a single unit that:
(a) Provides complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and
(b) Is not connected to any other unit or building.
(2) "Townhouse" means a single-family dwelling unit constructed in a group of three (3) or more attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two (2) sides.
(3) "Two (2) family dwelling" means a building containing not more than two (2) dwelling units that are connected.
Section 2. Residential Code.
(1) Except as provided in subsection (2) of this section, the 2015 International Residential Code for One (1) and Two (2) Family Dwellings (IRC) shall be the mandatory state residential building code for all single-family dwellings, two (2) family dwellings, and townhouses constructed in Kentucky, except that the Kentucky amendments in the 2018 Kentucky Residential Code shall supersede any conflicting provision in the 2015 IRC.
(2) Exceptions.
(a) Permits, inspections, and certificates of occupancy shall not be required for a single-family dwelling unless required by local ordinance.
(b) All residential occupancies that are not single-family dwellings, two (2) family dwellings, or townhouses shall comply with the 2015 International Building Code and the 2018 Kentucky Building Code.
(3) Plans for single-family dwellings, two (2) family dwellings, and townhouses shall be designed and submitted to conform to this administrative regulation.
Section 3. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "2015 International Residential Code for One (1) and Two (2) Family Dwellings," International Code Council, Inc.; and
(b) "2018 Kentucky Residential Code," Third Edition, August 2024.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS 198B.010, 198B.040, 198B.050, 198B.060, 198B.080, 198B.260, 198B.990
- STATUTORY AUTHORITY: KRS 198B.040(7), 198B.050
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.040(7) and 198B.050 require the department to promulgate a mandatory uniform state building code that establishes standards for the construction of all buildings in the state. This administrative regulation establishes the basic mandatory uniform statewide code provisions relating to construction of one (1) and two (2) family dwellings and townhouses.
- History: 28 Ky.R. 206; 629; eff. 9-10-2001; 2455; 29 Ky.R. 135; eff. 7-15-2002; 811; eff. 11-12-2002; 2162; 2470; eff. 3-24-2003; 30 Ky.R. 2384; 30 Ky.R. 2384; 31 Ky.R. 80; eff. 8-6-2004; 31 Ky.R. 1745; 1977; eff. 7-1-2005; 33 Ky.R. 3253; 4191; 34 Ky.R. 33; eff. 7-13-2007; 2592; 35 Ky.R. 307; 567; eff. 9-24-2008; 2362; 36 Ky.R. 76; eff. 7-29-2009; 1132; eff. 4-2-2010; 37 Ky.R. 1095; 1729; 38 Ky.R. 695; eff. 1-6-2012; 40 Ky.R. 173; 546; eff. 9-25-2013; 2633; eff. 8-1-2014; 42 Ky.R. 2653; eff. 6-22-2016; 44 Ky.R. 2445; 45 Ky.R. 98; eff. 8-22-2018; 456 Ky.R. 3277; eff. 8-2-2019; TAm eff. 5-29-2020; 50 Ky.R. 1976; 51 Ky.R. 501; eff. 12-3-2024.
815 KAR 7:130 Kentucky Industrialized Building Systems {#sec-815-kar-7-130 omnilex-key=us-ky-regs-official--title-815--815 KAR 7:130}
Section 1. Definitions.
(1) "Certificate of acceptability" means the certificate provided to the manufacturer by the department signifying the manufacturer's ability to manufacture, import, and sell industrialized building systems within the state.
(2) "Department" means Department of Housing, Buildings and Construction.
(3) "Industrialized building system" is defined by KRS 198B.010(18).
(4) "KIBS" means the Kentucky Industrialized Building System program.
(5) "M-Seal" means a unique serialized seal applied by a third-party inspector in the factory indicating that the building was constructed in substantial compliance with the Kentucky Building Code, incorporated by reference at 815 KAR 7:120 or the Kentucky Residential Code, incorporated by reference at 815 KAR 7:125.
(6) "Quality Assurance Manual" means a document that describes a business entities' construction practices, quality assurance measures, and dispute resolution procedures.
(7) "Third-party inspection agency" means a business entity that employs Kentucky certified building inspectors and is approved to conduct out-of-state inspections for substantial compliance with the Uniform State Building Code "Third-Party Inspector" means a building inspector certified by the department in accordance with 815 KAR 7:070 that is not employed by a local government or by the department and is authorized to conduct inspections on industrialized building systems at an out-of-state manufacturing facility.
(8) "Third-party inspector" means a building inspector certified by the department in accordance with 815 KAR 7:070 that is not employed by a local government or by the department and is authorized to conduct inspections on industrialized building systems at an out-of-state manufacturing facility.
Section 2. Certificate of Acceptability.
(1) Any manufacturer who wishes to sell an industrialized building system for placement in Kentucky shall obtain a Certificate of Acceptability.
(2) An applicant for a manufacturer of industrialized building systems' Certificate of Acceptability shall submit to the department:
(a) A completed Form HBC KIBS-1, Application for Certificate of Acceptability for Industrialized Building Systems;
(b) Quality Assurance Manual;
(c) Proof of insurance for general liability coverage in the amount of at least:
-
$300,000 bodily injury or death for each person;
-
$400,000 bodily injury or death for each accident; and
-
$100,000 for damage to property; and
(d) A prorated certificate of acceptability fee of $500.
Section 3. Plan submission.
(1)
(a) Prior to manufacturing an industrialized building system for placement in Kentucky, a manufacturer shall submit model plans to the department for approval. Model plans are required once per model and approval shall remain in effect for the duration of the currently adopted Kentucky Building Code or Kentucky Residential Code.
(b) Applicants seeking model plan approval shall submit to the department:
-
A completed KIBS Model Application Form, Form HBC KIBS-2;
-
Construction documents; and
-
Plan review fee as established by 815 KAR 7:120 Section 3.
(2)
(a) Prior to placement of every industrialized building system, except those classified as one- and two- family dwellings, site placement plans shall be submitted to the department for approval.
(b) Applicants seeking site placement plan approval shall submit to the department:
-
A completed KIBS Site Placement Application Form, Form HBC KIBS-3;
-
Site placement plans; and
-
Plan review fee as established by 815 KAR 7:120 Section 3.
Section 4. Out-of-state inspections. Prior to shipment of every industrialized building system, the structure shall be inspected for substantial code compliance by a third-party inspector, and an M-Seal shall be applied if the structure is in substantial compliance with the Kentucky Building Code or Kentucky Residential Code.
Section 5. M-Seals.
(1) A third-party inspector may request M-Seals from the department to place on inspected industrialized building systems. Requestors shall submit to the department:
(a) A completed Application for M-Seals, Form HBC KIBS-4; and
(b) A fee of twenty-five dollars ($25) per M-Seal.
(2) Except for the initial request for M-Seals, a third-party inspector requesting M-Seals shall submit a completed Form HBC KIBS-5 to the department prior to receiving M-Seals.
(3) A third-party inspector shall:
(a) Affix an M-Seal to a structure that substantially complies with the Kentucky Building Code or Kentucky Residential Code;
(b) Not affix an M-Seal to a structure he or she has not personally inspected; and
(c) Not allow M-Seals that he or she has received from the department to be used by another.
(4) Penalties. A third-party inspector who knowingly engages in activity intended to defraud or deceive the department shall be subject to certification revocation or suspension pursuant to KRS 198B.060(16)-(17).
Section 6. Plumbing. Plumbing Systems shall be inspected and approved by a plumbing inspector employed by the Kentucky Department of Housing, Buildings and Construction, Division of Plumbing.
Section 7. Incorporation by reference.
(1) The following material is incorporated by reference:
(a) Form HBC KIBS-1, "Application for Certificate of Acceptability for Industrialized Building Systems", April 2023;
(b) Form HBC KIBS-2, "KIBS Model Application Form", April 2023;
(c) Form HBC KIBS-3, "KIBS Site Placement Application Form", April 2023;
(d) Form HBC KIBS-4, "Application for M-Seals", April 2023; and
(e) Form HBC KIBS-5, "M-Seal Verification Form", April 2023.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Code Enforcement, 500 Mero Street, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 198B.030, 198B.062, 318.134
- STATUTORY AUTHORITY: KRS 198B.040(10), 198B.050(5), 198B.060(18)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.050(5) requires the Department of Housing, Buildings and Construction to promulgate administrative regulations which are necessary to implement the Uniform State Building Code or to carry out any other responsibility assigned to the department by KRS Chapter 198B. KRS 198B.040(10) requires the department to promulgate administrative regulations for the safe installation and operation of plumbing and plumbing fixtures. KRS 198B.060(18) authorizes the department to establish a schedule of fees for the functions performed under KRS Chapter 198B. This administrative regulation establishes the plan review and out-of-state inspection processes and requirements for industrialized building systems.
- History: 49 Ky.R. 2153, 50 Ky.R. 672; eff. 9-26-2023.
Chapter 8 Heating, Ventilation, and Air Conditioning Licensing Requirements
815 KAR 8:010 Licensing requirements for master HVAC contractors and journeyman HVAC mechanics {#sec-815-kar-8-010 omnilex-key=us-ky-regs-official--title-815--815 KAR 8:010}
Section 1. General Requirements.
(1) Master HVAC Contractor.
(a) Supervision. The master HVAC contractor shall supervise and be primarily responsible for all HVAC work performed by the employees and subcontractors of the licensee or the company that the licensee represents, whichever is applicable.
(b) Company license. If a licensee, who is an employee of a company and whose license represents the company, if the licensee ceases to represent the company or if the name of the company changes, the licensee shall:
-
Notify the department in writing; and
-
Request a change of information.
(c) Death of a master HVAC contractor.
-
If the master HVAC contractor representing a company dies, the company shall notify the department within ten (10) days of the master HVAC contractor's death.
-
The 180-day interim period described in KRS 198B.667 shall begin on the date the master HVAC contractor dies.
-
The company shall not be required to renew the deceased's master HVAC contractor license, if the license renewal date falls within the 180-day interim period.
-
The company shall not use the deceased master HVAC contractor license after the expiration date of the interim period.
-
The company shall notify the department when the company has a replacement master HVAC contractor to represent the company on or before the expiration date of the interim period.
(2) Journeyman HVAC mechanic Supervision. The journeyman shall:
(a) Be physically on site;
(b) Personally observe and be responsible for each apprentice assigned to the journeyman in carrying out the installation, alteration, and repair of HVAC systems; and
(c) Otherwise operate under the general direction and supervision of the master HVAC contractor.
Section 2. Initial Application Requirements.
(1) Filing the application.
(a) Master HVAC contractor application. An applicant seeking a master HVAC contractor license shall submit to the department:
-
A completed Master HVAC Contractor License Application on Form HVAC 1;
-
An initial license application fee of $250 for a twelve (12) month license;
-
Proof of the applicant's experience as required by KRS 198B.658(1)(c) and this administrative regulation; and
-
Proof of insurance as required by KRS 198B.668.
(b) If the master HVAC contractor applicant is an employee representing a company, the applicant shall state the company name on the application form. The company may provide the insurance certificates and shall be subject to this administrative regulation.
(c) Journeyman HVAC mechanic application. An applicant seeking a journeyman HVAC mechanic license shall submit to the department:
-
A completed Journeyman HVAC Mechanic License Application on Form HVAC 2;
-
An initial license application fee of fifty (50) dollars for a twelve (12) month license; and
-
Proof of the applicant's experience as established by KRS 198B.658(2)(c).
(d) Initial license fees may be prorated for not less than seven (7) months or more than eighteen (18) months and shall expire on the final day of the applicant's birth month.
(e) Master HVAC contractor applicants and journeyman HVAC mechanic applicants shall provide to the department proof of satisfactory completion of the respective examination required by Section 4 of this administrative regulation.
(f) Master HVAC contractor applicants and journeyman HVAC mechanic applicants shall provide to the department a passport-sized, color photograph of the applicant taken within the past six (6) months.
(2) Termination of application.
(a) The initial application shall remain pending until all requirements are met, up to a period of one (1) year after the date the application is submitted to the department.
(b) At the end of one (1) year, the application shall be voided.
Section 3. An applicant for reciprocity shall:
(1) Comply with the requirements established in the reciprocity agreement between Kentucky and the state in which the applicant is licensed;
(2)
(a) For a Master HVAC Contractor license, comply with Section 2(1)(a) and (b) of this administrative regulation;
(b) For a Journeyman HVAC mechanic license, comply with Section 2(1)(c) of this administrative regulation; and
(c) If applying for both licenses, submit the application fee for each license with each application form.
Section 4. Examinations.
(1) The HVAC examinations shall be developed, administered, and scored by the department or its designee.
(2) Master HVAC Contractor examination requirements. The examination shall test the applicant's knowledge of:
(a) Codes, standards, and current technological and industry recommended practices with respect to the proper installation, maintenance, repair, remodeling, or alteration of all types of HVAC systems; and
(b) Law and regulation relating to HVAC business.
(3) Journeyman HVAC mechanic examination requirements.
(a) The examination shall test the applicant's knowledge of codes, standards, and current technological and industry recommended practices with respect to the proper installation, maintenance, and repair, remodeling, or alteration of all types of HVAC systems.
(b) A journeyman HVAC mechanic applicant may apply the passage of a master HVAC contractor's examination for the journeyman HVAC mechanic's examination requirement. The applicant may use the same master HVAC contractor's examination score to satisfy the master HVAC contractor's examination requirement if the examination score is valid pursuant to subsection (7) of this section.
(4) Except as provided in subsection (8) of this section, an applicant shall pass with a score of at least seventy (70) percent on the examination.
(5) Examination requests.
(a) Examination applicants who wish to take any HVAC examination provided by the department shall submit to the department:
-
A completed HVAC Examination Registration Form, Form HVAC-4;
-
The appropriate, non-refundable examination fee:
a. For a master HVAC contractor, $150; or
b. For a journeyman HVAC mechanic, fifty (50) dollars; and
- A passport-sized color photograph of the applicant taken within the past six (6) months.
(b) Notice of the time and place of examinations shall be given by the department at least one (1) week prior to the date of the examination to each person who has a registration form on file.
(c) If an applicant fails to complete the department-provided examination within one (1) year from the date of the first notice of examination, the application shall be void.
(d) An applicant who fails an examination may request to retake the examination. Except for the examination fee, an applicant shall not resubmit the requirements in paragraph (a) of this subsection.
(e) A request to sit for an examination provided by any facility other than the department shall be made directly to a testing facility approved by the department.
(f) A list of facilities and contact information shall be provided by the department to applicants upon request.
(6) The examination shall be provided as set forth in KRS 198B.660.
(7) A passing score on the examination shall be valid for a period of three (3) years.
(8) Upon application by a testing agency, a national code group, or by an applicant for licensure, the department shall recognize another examination as equivalent to the examinations administered by the department if the person or group submitting the examination demonstrates that the examination covers the same material and requires the same level of knowledge as the department's examination.
(9) Reasonable accommodations shall be made if necessary to provide accessibility to disabled applicants, upon request.
Section 5. Experience Requirements.
(1) Records of experience. An applicant's experience shall be listed on the application form.
(a) Proof of experience shall be provided by:
-
A W-2 form;
-
An affidavit by a master HVAC contractor who directed and supervised the applicant;
-
A copy of a current master HVAC contractor license, journeyman HVAC mechanic license, or equivalent, held by the applicant in a state other than Kentucky, if the state requires licensure or equivalent;
-
Verifiable documentation demonstrating the nature and extent of HVAC contracting work performed in a state other than Kentucky, if the state does not require licensure or the equivalent; or
-
Department of Defense form DD 214.
(b) Additional proof of experience shall be requested by the department, prior to or after licensing, if the department has reason to believe that the experience shown is insufficient or nonexistent;
(2) One (1) year of HVAC experience shall consist minimally of 1,500 hours of HVAC work in a continuous twelve (12) month period.
Section 6. Inactive License Status.
(1) A licensee may request that his or her license be placed in inactive status.
(2) A master HVAC contractor licensee in inactive status shall not be required to maintain insurance as required by KRS 198B.668.
(3) A license that is in inactive status shall be exempt from annual renewal.
(4) A certified HVAC inspector may be licensed as a master HVAC contractor or licensed as a journeyman HVAC mechanic, but shall place the license in inactive status while having an active HVAC inspector certification.
(5) Performing HVAC work while holding an inactive license shall be grounds for revocation or suspension of all HVAC licenses and certifications held by the licensee.
Section 7. Renewal, Restoration, Reinstatement, and Reactivation Requirements and Procedures.
(1) Filing for renewal. A master HVAC contractor and a journeyman HVAC mechanic shall submit to the department:
(a) A completed Licensing Renewal Application, Form DHBC L-1;
(b)
-
A renewal fee of $250 made payable to the Kentucky State Treasurer for a master HVAC contractor; or
-
A renewal fee of fifty (50) dollars made payable to the Kentucky State Treasurer for a journeyman HVAC mechanic;
(c) Proof of annual continuing education attendance in accordance with 815 KAR 2:010; and
(d) Proof of insurance as required by KRS 198B.668 for a master HVAC contractor.
(2)
(a) Except for a license placed in inactive status, application for license renewal shall be filed no later than the last day of the licensee's birth month.
(b) A license shall be renewed each year.
(c) A license that is not timely renewed shall immediately expire.
(3)
(a) The renewal fee shall be paid prior to renewal.
(b) The department shall send a renewal application notice to each licensee each year to be returned with the required fee.
(4) A renewal application notice filed late, but not more than sixty (60) days after the expiration of the license, shall be accepted, but a restoration fee, as established in Section 8(1) of this administrative regulation, shall be added to the renewal fee.
(5)
(a) A former licensee whose license has terminated as established in KRS 198B.664(3) may have his or her license reinstated if the licensee satisfies the application requirements for renewal as established in subsection 1 of this section and submits a reinstatement fee as established in Section 8(4) of this administrative regulation no later than three (3) years from the date the former license was terminated.
(b) A former licensee seeking licensure under this administrative regulation, but whose terminated license was not timely reinstated as established in paragraph (a) of this subsection, shall be required to satisfy all requirements applicable to new applicants for initial licensure as established in this administrative regulation.
(6) An inactive license shall be reactivated upon payment of the annual renewal fee, the reactivation fee, and upon compliance with the continuing education requirements established in 815 KAR 2:010.
(7) If an initial license is for a period of less than twelve (12) months, the initial license fee shall be reduced on a pro rata basis.
(8) The application for renewal, restoration, reinstatement, or reactivation shall be denied if the applicant fails to:
(a) Pay any applicable department fee;
(b) Comply with the continuing education requirements established in 815 KAR 2:010; or
(c) Provide the current insurance certificate required by KRS 198B.668, if a master HVAC contractor.
(9) A licensee who has not previously provided a passport-sized color photograph shall provide one (1) with the licensee's next application for renewal.
Section 8. Special Service Fees. In addition to the other fees required by this administrative regulation, the special fees established in this section shall also be applied.
(1) Restoration fee.
(a) The fee for restoration of an expired master HVAC contractor license shall be $125.
(b) The fee for restoration of an expired journeyman HVAC mechanic license shall be twenty-five (25) dollars.
(2) Inactive status fee. The fee to place a license into inactive status shall be twenty (20) dollars.
(3) Reactivation fee. The fee for reactivation of an inactive license shall be twenty (20) dollars.
(4) Reinstatement fee.
(a) Master HVAC contractor. The fee for reinstatement of a terminated master contractor shall be $250 for each twelve (12) month period, or additional fraction thereof, following the date the license was terminated, not to exceed $750.
(b) Journeyman HVAC mechanic. The fee for reinstatement of a terminated journeyman HVAC mechanic license shall be fifty (50) dollars for each twelve (12) month period, or additional fraction thereof, following the date the license was terminated, not to exceed $150.
Section 9. Revocation or Suspension of License. A license issued pursuant to this administrative regulation shall be subject to suspension or revocation by the department for any of the reasons stated in KRS 198B.672.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Master HVAC Contractor License Application", Form HVAC 1, April 2023;
(b) "Journeyman HVAC Mechanic License Application", Form HVAC 2, April 2023;
(c) "HVAC Examination Registration Form", Form HVAC-4, March 2022; and
(d) "Licensing Renewal Application," Form DHBC L-1, April 2023.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Heating, Ventilation, and Air Conditioning, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 198B.650, 198B.654, 198B.656, 198B.658, 198B.659, 198B.660, 198B.664, 198B.668, 198B.672, 198B.676
- STATUTORY AUTHORITY: KRS 198B.654(1), 198B.658, 198B.664, 198B.676(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) requires the department to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce the provisions of KRS 198B.650 through 198B.689 and to conduct HVAC examinations. KRS 198B.658 requires the department to establish fees for HVAC licensure and certification. KRS 198B.664 requires the department to establish requirements, including fees, for license renewal and inactive licenses. KRS 198B.676(1) requires the department to establish fees by administrative regulation. This administrative regulation establishes the licensure requirements for master HVAC contractors and journeyman HVAC mechanics.
- History: 21 Ky.R. 1610; eff. 2-10-1995; 22 Ky.R. 792; 1085; eff. 12-7-1995; 2335; 23 Ky.R. 436; eff. 9-11-1996; 24 Ky.R. 950; eff. 12-15-1997; 26 Ky.R. 1705; eff. 5-22-2000; 27 Ky.R. 3368; eff. 8-15-2001; 31 Ky.R. 1902; 32 Ky.R. 79; eff. 7-27-2005; 36 Ky.R. 1347; 1927; eff. 3-5-2010; 41 Ky.R. 1184; eff. 3-6-2015; 45 Ky.R. 800, 1539; eff. 1-4-2019; TAm eff. 5-29-2020; 48 Ky.R. 3056; 49 Ky.R. 813; eff. 1-3-2023; 49 Ky.R. 2141; eff. 12-5-2023.
815 KAR 8:030 ApprenticeHVAC mechanic registration and certification requirements {#sec-815-kar-8-030 omnilex-key=us-ky-regs-official--title-815--815 KAR 8:030}
Section 1. Registration of Apprentices.
(1) An apprentice heating, ventilation, and air conditioning mechanic, as defined by KRS 198B.650(2), may register with the department by complying with this administrative regulation.
(2) Each individual who registers with the department shall be issued an HVAC certificate of apprenticeship.
(3) The HVAC certificate of apprenticeship shall authorize an individual to work in the HVAC trade under:
(a) The direct supervision of at least one (1) journeyman HVAC mechanic; and
(b) The general supervision of a master HVAC contractor.
Section 2. Application for Registration.
(1) Initial application for certificate of apprenticeship. Registration shall be accomplished by submitting to the department:
(a) A completed Apprentice HVAC Registration Form, Form HVAC 3;
(b) A recent passport-sized, color photograph of the applicant that is taken within the past six (6) months; and
(c) The signature and license number of the supervising master HVAC contractor on the registration application.
(2) Change of information. The Apprentice HVAC Registration Form, Form HVAC 3, shall be updated by the apprentice and submitted to the department to update change of address or change of employer.
(3) The apprentice shall retain personal records of employment hours to verify the experience required for a journeyman HVAC mechanic license.
Section 3. Incorporation by Reference.
(1) "Apprentice HVAC Registration Form", Form HVAC 3, May 2020, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Heating, Ventilation, and Air Conditioning, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 198B.650, 198B.656, 198B.658, 198B.664
- STATUTORY AUTHORITY: KRS 198B.654(1), 198B.658(4)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) requires the department to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 through 198B.689. KRS 198B.658(4) requires the department to establish an apprentice heating, ventilation, and air conditioning mechanic's certificate and the process to register as an apprentice. This administrative regulation establishes the requirements for registration and certification of HVAC apprentices.
- History: 815 KAR 008:030. 21 Ky.R. 1610; eff. 2-10-1995; 22 Ky.R. 792; 1085; eff. 12-7-1995; 2335; 23 Ky.R. 436; eff. 9-11-1996; 24 Ky.R. 950; eff. 12-15-1997; 26 Ky.R. 1705; eff. 5-22-2000; 27 Ky.R. 3368; eff. 8-15-2001; 31 Ky.R. 1902; 32 Ky.R. 79; eff. 7-27-2005; 36 Ky.R. 1347; 1927; eff. 3-5-2010; 41 Ky.R. 1184; eff. 3-6-2015; 45 Ky.R. 804, 1542; eff. 1-4-2019; TAm eff. 5-29-2020; Crt eff. 12-4-2025.
815 KAR 8:070 Installation permits {#sec-815-kar-8-070 omnilex-key=us-ky-regs-official--title-815--815 KAR 8:070}
Section 1. Permit Required.
(1) An HVAC installation permit shall be required for the initial heating, ventilation, or air conditioning system:
(a) For all new construction installations of heating, ventilation, or air conditioning systems;
(b) For all construction additions in which an additional heating, ventilation, or air conditioning system is installed; and
(c) For all existing buildings in which the first heating, ventilation, or air conditioning system is being installed.
(2) Permit application. An application shall be made for a permit prior to installation on the appropriate form:
(a) HVAC Construction Permit Application: Commercial Buildings;
(b) HVAC Construction Permit Application: Multi-family Dwellings;
(c) HVAC Construction Permit Application: One & Two Family Dwellings; or
(d) HVAC Construction Permit Application: Homeowner One & Two Family Dwellings.
Section 2. Issuance of HVAC Permits.
(1) A permit to construct, install, or alter a heating, ventilation, or air conditioning system shall only be issued to a licensed master heating, ventilation, and air conditioning contractor, except as provided by subsection (2) of this section.
(2) A permit to construct, install, or alter a heating, ventilation, or air conditioning system shall be issued to a homeowner who installs a heating, ventilation, or air conditioning system in the homeowner's legal residence or in a home constructed by a homeowner for personal residential use, if all the requirements of this subsection are met.
(a) Application for the permit shall be made on the HVAC Construction Permit Application: Homeowner One (1) & Two (2) Family Dwellings prior to the initiation of the HVAC work.
(b) The homeowner shall file with the application:
-
An affidavit stating that the homeowner shall abide by the terms of this administrative regulation;
-
Proof of adequate sizing of heating, ventilation, or air conditioning system to be installed; and
-
A complete design plan of all related duct and piping of system.
(c) All work shall be performed in compliance with the Kentucky Residential Code in 815 KAR 7:125 and the Kentucky Building Code in 815 KAR 7:120.
(d) All the work shall be personally performed by the owner.
(3) Only one (1) homeowner HVAC construction permit shall be issued to an individual within a five (5) year period.
Section 3. Issuance of HVAC Related Permits.
(1) A permit shall be issued and inspections performed upon request for the replacement of:
(a) Furnaces;
(b) Condensing units;
(c) Heat pumps;
(d) Fan coil units;
(e) Chiller systems; or
(f) Heating boiler systems not covered by KRS Chapter 236.
(2) An HVAC correction and testing permit may be requested for projects in which a contractor assumes responsibility to:
(a) Make corrections;
(b) Test an installation performed by another contractor; or
(c) Install a system for which another master contractor has obtained a permit.
Section 4. Permit Fees.
(1) One (1)- and Two (2)- Family Dwelling Installations and Homeowner permits. The fee for each heating, ventilation, or air conditioning system installation permit for one (1)- and two (2)- family dwellings and Homeowner permits shall be $105 for the first system plus fifty (50) dollars for each additional system.
(2) Multi-Family Dwelling Installations. The fee for each heating, ventilation, or air conditioning system installation permit for multi-family dwellings other than duplexes, shall be $105 for the first system plus fifty (50) dollars for each additional system.
(3) Commercial installations.
(a) The fee for each heating, ventilation, or air conditioning system installation permit other than one (1), two (2), and multi-family dwellings shall be based upon the total dollar value of each HVAC installation, either actual or estimated.
(b)
-
The installing contractor shall supply the total dollar value of the installation, including labor and material costs regardless of the purchaser.
-
Except as provided in subparagraph 3b of this paragraph, an exact figure does not need to be quoted or divulged to the HVAC inspector or department.
-
The permit application shall include a statement signed by the applicant affirming that the total dollar value of the installation lies within certain limits, as listed in the left column of the table in clause c of this subparagraph and as established in clause d of this subparagraph.
a. The fees for heating, ventilation, or air conditioning system installation are listed in the right column of the table.
b. The department may request documented proof of costs from the permit applicant if the true value is in question.
c. The permit fee shall be calculated as follows:
d. The permit for a commercial installation valued over $1,600,000 shall be calculated at the cost of $3,965 plus $200 per $100,000 or fraction thereof in excess of $1,600,000.
(4) Request permit fees.
(a) One (1) and two (2) family dwelling and homeowner. A permit request pursuant to Section 3(1) of this administrative regulation for a one (1) or two (2) family dwelling, or by a homeowner shall be seventy-five (75) dollars.
(b) Commercial. The fee for a permit requested pursuant to Section 3(1) of this administrative regulation for a commercial project shall be calculated the same as subsection (3) of this section.
(5) Correction and Testing Permits. The correction and testing permit fee shall be seventy-five (75) dollars if application for a permit does not include any new installation.
Section 5. Inspection Fees.
(1) Each heating, ventilation, or air conditioning system permit shall include three (3) heating, ventilation, or air conditioning system inspections at no additional cost.
(2)
(a) A heating, ventilation, or air conditioning system inspection in excess of the three (3) provided with purchase of permit shall be performed at the rate of fifty (50) dollars per inspection.
(b) Payment shall be received by the inspecting authority prior to the final inspection approval being granted.
Section 6. Expiration of Permits.
(1) A heating, ventilation, or air conditioning system installation permit issued under this administrative regulation shall expire six (6) months after the date of issuance unless the permitted work has begun.
(2) If construction begins within six (6) months of permit issuance:
(a) The permit shall be effective until completion of the planned heating, ventilation, or air conditioning system inspection; or
(b) If the work ceases on a permitted project for a period exceeding twelve (12) months, the permit shall be void.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "HVAC Construction Permit Application: Commercial Buildings", Form HVAC 27, May 2020;
(b) "HVAC Construction Permit Application: Multi-family Dwellings", Form HVAC 28, May 2020;
(c) "HVAC Construction Permit Application: One (1) & Two (2) Family Dwellings", Form HVAC 29, May 2020; and
(d) "HVAC Construction Permit Application: Homeowner One (1) & Two (2) Family Dwellings", Form HVAC 30, May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings, and Construction, Division of Heating, Ventilation, and Air Conditioning, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8:30 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 198B.654, 198B.6671-198B.6678, Chapter 236
- STATUTORY AUTHORITY: KRS 198B.654(1)(a), 198B.6673(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1)(a) requires the department to promulgate administrative regulations to administer, coordinate, and enforce KRS 198B.650 through 198B.689. KRS 198B.6673(1) requires the department to establish a reasonable schedule of fees to be paid for HVAC installation permits and inspections. This administrative regulation establishes the process, procedures, and fees for obtaining HVAC installation permits in Kentucky.
- History: 815 KAR 008:070. 36 Ky.R. 2004; 2194; eff. 6-4-2010; 41 Ky.R. 1193; 1793; eff. 3-6-2015; 44 Ky.R. 2446; 45 Ky.R. 345; eff. 8-22-2018; TAm eff. 5-29-2020; Crt to Am, filing deadline 1-30-2027.
815 KAR 8:080 Inspections and tests {#sec-815-kar-8-080 omnilex-key=us-ky-regs-official--title-815--815 KAR 8:080}
Section 1. Inspections.
(1) The department or authorized local HVAC permitting and inspection program shall inspect the following initial installations to ensure compliance with the Uniform State Building Code and the Uniform State Residential Code:
(a) Air conditioning or cooling system;
(b) Heating system;
(c) Residential exhaust and ventilation systems;
(d) Commercial exhaust and ventilation systems, other than commercial range hood exhaust systems; and
(e) Dryer venting.
(2) Alterations of an HVAC system in a building condemned by a local jurisdiction shall be considered an initial HVAC system installation.
Section 2. Major Repairs. At the request of a master HVAC contractor or homeowner with purchase of the requisite permit, the department or authorized local HVAC permitting and inspection program may inspect major repairs.
Section 3. Access. All access, equipment, and material necessary for inspections and tests shall be provided by the persons obtaining the HVAC installation permit.
Section 4. Conduct of Inspections.
(1) The person who obtained the HVAC installation permit shall request an inspection by the department or authorized local HVAC permitting and inspection program.
(2) For residential inspections:
(a) Prior to, or at the time of the first inspection, sizing calculations shall be provided to the department or authorized local HVAC permitting and inspection program or inspector; and
(b) The inspector shall verify the:
-
Date of calculation;
-
Orientation of structure;
-
Design conditions;
-
Heat gain;
-
Heat loss;
-
Square footage; and
-
Additional documentation if necessary to support sizing calculations.
(3) For commercial inspections, approved plans shall be made available to an inspector on site during an inspection.
(4) If any portion of the HVAC system is below ground, the underground portion of the system shall be inspected and approved prior to covering.
(5) Rough-in inspections shall be required only if any portion of the system will be covered or concealed. The rough-in inspection shall be conducted prior to covering or concealment.
(6)
(a) If an installation is covered without prior inspection, the inspector shall require the system to be uncovered for inspection, unless unnecessary to perform the inspection.
(b) If conditions require partial coverage of the permitted system, permission shall be requested of and received from the inspector prior to coverage.
(c) If in the judgment of the inspector uncovering the system is likely to result in more damage, then exposing the system shall only occur at the request of the property owner.
(7) A final inspection shall be conducted after all equipment has been set, in working order, and prior to occupancy.
(8) A partial or temporary final inspection may be conducted if:
(a) The HVAC system's service area of the building is completed; and
(b) The temporary or partial final inspection will not prevent the remaining portion of the system from being inspected.
Section 5. Extent of Inspections.
(1) Inspections shall include the following:
(a) Heating systems;
(b) Cooling systems;
(c) Residential exhaust and ventilation systems;
(d) Commercial exhaust and ventilation systems, other than commercial range hood exhaust systems; and
(e) Dryer venting.
(2) An inspection shall not include gas piping on the supply side of equipment shut offs.
Section 6. Certificate of Approval. Upon the satisfactory completion, in accordance with this administrative regulation, of final inspection of the HVAC system, the department or authorized local HVAC permitting and inspection program shall issue a certificate of approval.
History
- RELATES TO: KRS 198B.6671, 198B.6672, 198B.6673, 198B.6674, 198B.6675, 198B.6676, 198B.6677, 198B.6678
- STATUTORY AUTHORITY: KRS 198B.654(1), 198B.6673, 198B.6675
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) requires the department to promulgate administrative regulations to administer, coordinate, and enforce KRS 198B.650-198B.689. This administrative regulation establishes the requirements for the tests and inspections necessary to ensure compliance with the Uniform State Building Codes.
- History: 815 KAR 008:080. 36 Ky.R. 2006; Am. 2048-A; 2195; eff. 6-4-2010; 44 Ky.R. 2449; 45 Ky.R.347; eff. 8-22-2018; Crt to Amend, filing deadline 1-30-2027.
815 KAR 8:100 Criteria for local jurisdiction HVAC programs {#sec-815-kar-8-100 omnilex-key=us-ky-regs-official--title-815--815 KAR 8:100}
Section 1. Uniform Criteria for Authorizing HVAC Inspection and Permitting Program. To petition the department, an individual governing entity or combination of entities applying for approval for an HVAC inspection program shall comply with the requirements established in this administrative regulation.
(1) A local governing entity or combination of entities shall complete Notice of Local HVAC Inspection Program, Form HVAC 31, and submit it to the Department of Housing, Buildings, and Construction, Division of HVAC together with supporting documentation required by this administrative regulation.
(2) Qualified HVAC inspector and plan reviewer required. A local jurisdiction administering a local HVAC inspection program shall employ a qualified person to perform HVAC installation plan reviews and inspections. To be qualified, an inspector shall be licensed or certified in accordance with the provisions of KRS 198B.6673 and 198B.6678.
(3) Personnel. A complete list of HVAC inspection program personnel, who shall be employed to enforce the HVAC code within the local program's jurisdiction, shall be submitted to the Department of Housing, Buildings and Construction, Division of HVAC. The list of personnel shall include the name, job title, and certification or license status of each individual.
(4) Installation activity. The local HVAC program shall provide documentation of an estimation of the anticipated plan review, permitting, inspection, and enforcement activities for one (1) year to the Department of Housing Buildings and Construction, Division of HVAC.
(5) Schedule of fees. Each local inspection program shall adhere to the schedule of fees established in 815 KAR 8:070, Sections 4 and 5, for the permitting and inspection functions performed under the provisions of KRS 198B.6671, 198B.6673, and 815 KAR Chapter 8.
(6) Official contact person. The local government shall identify an individual authorized to correspond with the department.
(7) Detailed map required. If a local government's inspection program consists of a portion of a county, a detailed map shall be submitted to the department to identify the areas subject to the program.
Section 2. Contractual Agreement. If the department approves the Notice of Local HVAC Inspection Program, the department shall prepare a contract to be executed by the department and local government to authorize the local HVAC inspection program. The contract shall specify the jurisdictional authority of each entity to provide clarity for the public and to avoid duplication of services.
Section 3. State Jurisdiction. The department shall retain plan review, permitting, inspection, and enforcement responsibility in accordance with the Kentucky Building Code, 815 KAR Chapter 7, for all buildings that are:
(1) Institutional buildings; and
(2) Educational buildings or other facilities required to be licensed by the Cabinet for Health and Family Services, including day care centers, hospitals, and nursing homes, or other similar facilities.
Section 4. HVAC Complaints.
(1) A local government's inspection program shall:
(a) Address all complaints occurring within the jurisdiction related to HVAC;
(b) Document findings; and
(c) Document resolutions reached, if any.
(2) If no resolution is reached, the alleged violator may request a hearing on the matter pursuant to KRS Chapter 13B.
Section 5. HVAC Violations.
(1) A local government's HVAC inspection program shall:
(a) Investigate all violations that occur within the jurisdiction;
(b) Issue stop work orders; or
(c) Require other remedial measures upon proof of violations.
(2) Local HVAC inspection programs shall initiate contact with and fully cooperate with county and Commonwealth attorneys regarding court cases resulting from a violation.
(3) A local government inspection program representative shall act as a witness for the department on violations resulting in a hearing pursuant to KRS Chapter 13B.
(4) Violations shall be documented in writing.
Section 6. Accounting of Fees.
(1) A local HVAC inspection program shall maintain an accurate accounting of all HVAC plan review, permitting, and inspection fees.
(2) The fees received shall be deposited no less frequently than monthly in the local government's treasury or otherwise disposed of as required by law.
Section 7. Record Retention and Audits.
(1) A local HVAC inspection program shall maintain official records of:
(a) Applications received;
(b) Permits and certificates issued;
(c) Fees collected;
(d) Inspection reports; and
(e) Notices and orders issued.
(2) Official records shall be retained for at least the statutory period required for retention of public records pursuant to KRS 171.450.
(3) All documentation of violations and complaints shall be maintained by the local HVAC inspection program in compliance with 725 KAR 1:061 following resolution.
(4) Unresolved complaints shall be maintained in compliance with 725 KAR 1:061 following receipt of initial complaint.
Section 8. Procedures for Maintaining Local HVAC Inspection Program.
(1)
(a) The department shall monitor the program of local governments granted to a local HVAC inspection and permitting program.
(b) If the local government is found to be in violation of the requirements of this administrative regulation; the Kentucky Building Code, 815 KAR Chapter 7; any terms of their agreement; or KRS Chapter 198B, the department shall cancel the agreement, rescind the local HVAC inspection jurisdiction, and preempt the local program in its entirety.
(2) Each agreement for local HVAC inspection jurisdiction shall be in effect for three (3) years, unless canceled subject to subsection (1) of this section or by agreement of the parties in writing.
(3) The local government shall notify the department within thirty (30) days of the date of any changes in personnel or fees during the contract period.
(4)
(a) The department shall review any potential deficiencies of a local government's HVAC inspection program brought to the attention of the department.
(b) A representative of the local HVAC inspection program shall be present during the department's review.
(5)
(a) The department shall reevaluate the HVAC inspection program of the local government regarding continuation of the local inspection program and renewal of the agreement before the expiration of the three (3) year contract with the department.
(b) Upon approval by the department and the local government, the department shall renew the contractual agreement for three (3) years.
Section 9. Incorporation by Reference.
(1) "Notice of Local HVAC Inspection Program", Form HVAC 31, May 2020, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Heating, Ventilation, and Air Conditioning, Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 171.450, 198B.650 - 198B.689
- STATUTORY AUTHORITY: KRS 198B.654(1), 198B.6673(2)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) requires the department to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 to 198B.689. KRS 198B.6673(2) requires the department to authorize local governing entities to establish HVAC inspection and permitting programs upon application. This administrative regulation establishes the requirements for local HVAC inspection and permitting programs.
- History: 815 KAR 008:100. 37 Ky.R. 199; Am. 730; eff. 10-1-2010; TAm 12-2-2011; 44 Ky.R. 2446; 45 Ky.R. 347; eff. 8-22-2018; TAm eff. 5-29-2020; Crt to Amend, filing deadline 1-30-2027.
Chapter 10 Standards of Safety
815 KAR 10:060 Standards of Safety {#sec-815-kar-10-060 omnilex-key=us-ky-regs-official--title-815--815 KAR 10:060}
Section 1. Definitions.
(1) "Accepted" means that all deficiencies communicated, in writing, to the owner have been corrected to the satisfaction of the inspecting authority.
(2) "Distinct fire hazard":
(a) Means a condition that poses a threat to life or property, including a condition likely to inhibit escape from danger of fire or explosion; and
(b) Does not mean a condition in which the methods of construction met the uniform state building code requirements, as applicable, at the time of construction.
(3) "Fire protection sprinkler system" is defined by KRS 198B.550(6).
(4) "NFPA" means the National Fire Protection Association.
(5) "NICET" means the National Institute for Certification of Engineering Technologies.
(6) "Unsafe Building" means a building characterized by:
(a) Deficiency in means of egress;
(b) Danger to human life or public welfare by reason of illegal or improper use, occupancy, or maintenance;
(c) Non-compliance with the construction codes in place at time of construction;
(d) Significant damage including as the result of:
-
Fire;
-
Explosion;
-
Natural disaster;
-
Neglect; or
-
Vandalism;
(e) Falling away, hanging loose, or loosening of siding, block, or other building material, appurtenance, or part thereof; or
(f) Existence of structurally unsafe conditions.
Section 2. Scope.
(1) Applicability. This administrative regulation shall apply to all buildings except one (1) and two (2) family dwellings.
(2) Enforcement.
(a) State Fire Marshal. The State Fire Marshal shall:
-
Have primary jurisdiction over all property, unless a local government has established a fire inspection program by ordinance adopting this administrative regulation pursuant to KRS 227.320; and
-
Have exclusive jurisdiction over state-owned property and facilities licensed by the Kentucky Cabinet for Health and Family Services. A local fire chief may request authority for the inspection and enforcement responsibilities of licensed facilities from the State Fire Marshal.
(b) Local fire chief. Jurisdictions wherein a local fire chief is designated by ordinance to operate a fire inspection program pursuant to KRS 227.320 shall have primary jurisdiction for the enforcement of all property within the local governmental boundary except as established in subparagraph (a)2. of this subsection.
Section 3. Existing Buildings and Conditions.
(1) The standards for the construction pursuant to 815 KAR 7:120, Kentucky Building Code, in effect at the time of construction, and for which there has been issued a lawful certificate of occupancy, shall supersede different construction standards regarding the requirements for egress facilities, fire protection, and built-in fire protection equipment established in this administrative regulation or conflicting local ordinances.
(2) Change of use. It shall be unlawful to make a change in the use of a building or portion thereof without project plan review and approval in accordance with 815 KAR 7:120, Kentucky Building Code, except as established in Chapter 34 therein.
(3) Buildings and conditions approved under other codes.
(a) Buildings constructed prior to promulgation of the uniform state building code. A building, or portion thereof, which was constructed and approved prior to the effective date of the uniform state building code shall be maintained as constructed and approved.
(b) Previous fire code. A building, or portion thereof, which was inspected, approved, or accepted pursuant to a previously adopted fire code shall:
-
Be maintained as previously approved or accepted; and
-
Not be required to make a modification or change for so long as the building is maintained and used as previously accepted or approved.
(c) Buildings not occupied or used for one (1) year or more. Prior to occupancy, a building shall be inspected by the State Fire Marshal or a designee to ensure that the structure is neither a distinct fire hazard nor an unsafe structure.
(4) Distinct Fire Hazards.
(a) A building shall be deemed a distinct fire hazard if the authority having jurisdiction determines:
-
A fire, explosion, or asphyxiation is likely to occur;
-
Conditions might provide a ready fuel supply to augment the spread or intensity of a fire or explosion;
-
A building is vacant, unguarded, and open to unauthorized entry;
-
An accumulation of combustible dust, debris, or materials is present;
-
Required exits or fire protection are in non-working condition or not present;
-
Objects are placed or installed so as to interfere with exits or exit routes;
-
Combustible materials or items are in dangerous proximity to an ignition source such as a stove, fireplace, or heater;
-
Electrical or mechanical systems or installations create a hazardous condition; or
-
Operations, conditions, processes, use, or materials being used fail to afford adequate safety to the public.
(b) If the State Fire Marshal or local fire chief determines that a distinct fire hazard exists, the fire hazard shall be remedied so as to render the property safe.
(c) The State Fire Marshal or a local fire chief shall use the standards established in this administrative regulation to identify and to order the correction of a distinct fire hazard acting in accordance with the procedures established in KRS Chapter 227 and this administrative regulation. In exercising authority granted, the following shall be applicable:
- NFPA 1, Uniform Fire Code, 2018 edition, and the NFPA referenced standards included in Chapter 2 of NFPA 1 except:
a. NFPA 403, Guide for Aircraft Rescue and Fire Fighting Operation, 2018 edition;
b. NFPA 1031, Standard for Professional Qualifications for Fire Inspectors and Plan Examiner, 2014 edition;
c. NFPA 1192, Standard on Recreational Vehicles, 2018 edition;
d. NFPA 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2018 edition;
e. NFPA 1901, Standard for Automotive Fire Apparatus, 2016 edition;
f. NFPA 1906, Standard for Wildland Fire Apparatus, 2016 edition;
g. NFPA 1925, Standard on Marine Fire-Fighting Vessels, 2013 edition;
h. NFPA 1963, Standard for Fire Hose Connections, 2014 edition;
i. NFPA 2113, Standard on Selection, Care, Use, and Maintenance of Flame-Resistant Garments for Protection of Industrial Personnel Against Short-Duration Thermal Exposures from Fire, 2015 edition;
j. NFPA 5000, Building Construction and Safety Code, 2018, edition;
k. Code reference 1.7.2, Minimum Qualifications to Enforce this Code;
l. Code reference 10.2.7, Minimum Fire Prevention Inspection Frequencies for Existing Occupancies;
m. Code reference 13.3.2.26, High Rise Buildings;
n. Code reference 13.3.2.8, Existing Assembly Occupancies; and
o. Code reference 13.6, Portable Extinguishers, which if required, shall be modified to exclude the provisions for installation of portable extinguishers in the occupancies listed in Table 13.6. Portable extinguishers shall be installed as required in the occupancy chapters of NFPA 101, Life Safety Code, 2018 Edition;
-
NFPA 101, Life Safety Code, 2018 edition, and the NFPA referenced standards included in Chapter 2 of NFPA 101 except Code reference 13.3.5;
-
For sites at which consumer fireworks are offered for sale, NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition;
-
NFPA 70, National Electrical Code, 2017 Edition; and
-
815 KAR 7:120, Kentucky Building Code.
(d) Modifications, alternatives, and interpretations. If the State Fire Marshal accepts or approves an alternative to a code provision or issues an interpretation and the alternative or interpretation is of general applicability, it shall be published and forwarded to all known fire inspectors and other persons requesting a copy.
(5) Abatement of fire hazards. The abatement of a distinct fire hazard pursuant to this administrative regulation shall not require construction measures that would exceed the requirements of the current edition of 815 KAR 7:120, Kentucky Building Code, if the building were being newly constructed.
(6) Maintenance of equipment.
(a) All fire suppression and fire protection equipment, systems, devices, and safeguards shall be maintained in accordance with the applicable NFPA referenced code and the manufacturer's recommendations.
(b) This administrative regulation shall not be the basis for removal or abrogation of a fire protection or safety system or device installed in a building without approval granted by the authority having jurisdiction.
(7) Cooperation with building official. The State Fire Marshal and the local fire chief shall coordinate and cooperate with the building code official having jurisdiction in assessing a building for relative fire safety and to assure that the proper standards are applied.
Section 4. Permits.
(1) State permits required. A permit shall be required from the State Fire Marshal for flammable, combustible, or hazardous material storage vessel installations.
(2) Local permits allowed.
(a) A permit from a local government shall not be required unless required by local ordinance.
(b) An inspection or permit fee, if applicable, shall be established within the local government adopting legislation.
Section 5. Enforcement of Violations.
(1) Notice of deficiency. If the State Fire Marshal or local fire chief observes an apparent violation of a provision of this administrative regulation or other codes or ordinances under state or local jurisdiction, the State Fire Marshal or local fire chief shall prepare a written notice of deficiency. The notice of deficiency shall state the applicable code provision violated and specify the date by which the required repairs or improvements shall be completed. Pursuant to KRS 227.336, corrective action shall be ordered remedied within a period of time not to exceed sixty (60) days.
(2) Services of notice. The written notice of deficiency shall be served personally or via certified U.S. Mail upon the owner or the owner's duly authorized agent and upon each other person responsible for the deficiency. Proof of service shall be required to perfect service.
(3) The State Fire Marshal shall commence enforcement action authorized in KRS 227.331 against any person who fails to correct a deficiency ordered to be remedied.
Section 6. Means of Appeal.
(1) Appeals of orders issued by the State Fire Marshal.
(a) An appeal to the State Fire Marshal from a notice of deficiency issued by the Division of Fire Prevention shall be:
-
In writing; and
-
Received by the Division of Fire Prevention, State Fire Marshal prior to the completion date specified in the notice of deficiency served.
(b) If the matter is not resolved by agreement of the affected parties and the State Fire Marshal, legal action shall be instituted pursuant to KRS Chapter 227.
(2) Appeal of an order to remedy. Pursuant to KRS 227.380, the owner of the subject property may appeal to the State Fire Marshal within ten (10) days following receipt of the issued order.
Section 7. Special Provisions.
(1) Fire incident reporting. The fire chief or highest ranking fire department officer may request investigative assistance from the State Fire Marshal.
(2) Fire protection systems testing and inspection.
(a) Reporting. Except as established in paragraph (c) of this subsection, an inspection or test required by this administrative regulation, Chapter 11, 13, or 20 of the NFPA 1, Uniform Fire Code shall be conducted and reported to the owner by a person authorized or certified by the department.
(b) Inspection and test reports.
-
A required inspection or test shall be recorded on the applicable form contained in NFPA 25 or NFPA 72.
-
The completed report shall be given to the owner and a copy shall be forwarded to the local fire chief or highest ranking fire department officer within ten (10) working days of the date of the inspection.
(c) Reporting exceptions.
-
Portable fire extinguishers and single station smoke detectors may be inspected and tested by the property owner or the property owner's agent.
-
Allowable reports by owners and owner agents shall not be required to be filed with the State Fire Marshal, but shall be kept on file within the building and available for review upon request by the State Fire Marshal.
a. Electric single station and electric multiple station smoke alarms shall be tested monthly. A log of the test shall be kept on site for review by the fire code official.
b. Battery powered smoke alarms shall be tested weekly. A log of the test results shall be kept on site for review by the fire code official.
c. Portable fire extinguishers shall be visually inspected monthly to ensure proper charge, accessibility, and that the extinguisher hose is free of obstruction.
(d) Frequency. Periodic testing and inspection of each fire suppression and each alarm system shall be performed as established in subparagraphs 1. through 3. of this paragraph.
-
Fire detection and alarm systems and all fire suppression systems in buildings other than state licensed hospitals, nursing homes, and ambulatory surgical centers shall be inspected and tested for proper operation annually.
-
Fire detection and alarm systems and all fire suppression systems in state licensed hospitals, nursing homes, and ambulatory surgical centers shall be inspected and tested quarterly by a Kentucky certified inspector for sprinkler systems and fire alarms, respectively.
-
Systems or components for which the manufacturer recommends more frequent checks shall be performed as described by the manufacturer's instructions.
(e) Inspectors.
- Fire alarm inspectors shall apply to be certified by the department on a Form FPS 33-01, Application for Fire Alarm Systems Certification, and shall:
a.
(i) Be qualified as NICET level two (2), level three (3), or level four (4) in fire alarm systems; or
(ii) Pass the examination for alarm inspector administered by an examination provider approved by the department;
b. Have had at least eighteen (18) months of experience in installation, repair, testing, or a combination thereof during the five (5) year period immediately preceding application;
c. Pay an annual certification fee of fifty (50) dollars for each classification applied for; and
d. Submit a passport-sized color photograph with the application.
- For renewals of fire alarm inspector certification, an applicant shall:
a. Submit a completed Form FPS 33-02, Renewal Application for Fire Alarm Systems Certification, May 2020;
b. Pay an annual certification renewal fee of fifty (50) dollars for each classification held;
c. Submit a passport-sized color photograph with the renewal application; and
d. Provide proof of:
(i) Six (6) hours of continuing education from an approved provider obtained in the twelve (12) months prior to renewal; or
(ii) Current NICET certification.
- Penalties. An applicant shall be subject to penalties established in KRS 227.990 and may be denied certification or renewal for:
a. Failure of a certified fire alarm inspector to conduct an inspection in accordance with the NFPA 72 standard;
b. Submission of false inspection reports;
c. Performing inspections without first having been certified by the department as a fire alarm inspector; or
d. Making a false or misleading statement on an application for certification or renewal.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) NFPA 1, "Uniform Fire Code", 2018 edition;
(b) NFPA 101, "Life Safety Code", 2018 edition;
(c) NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition;
(d) NFPA 70, "National Electrical Code®", 2017 edition;
(e) FPS 33-01, "Application for Fire Alarm Systems Inspector Certification", April 2023; and
(f) FPS 33-02, "Renewal Application for Fire Alarm Systems Inspector Certification", April 2023.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 198B.050, 227.300, 227.331, 227.715, 227.990, 234.140
- STATUTORY AUTHORITY: KRS 227.300(1), (2)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.300(1) requires the commissioner to promulgate an administrative regulation establishing the Kentucky Standards of Safety, which shall provide a reasonable degree of safety for human life against the exigencies of fire and panic and insuring as far as practicable against fire loss. This administrative regulation establishes the Kentucky Standards of Safety to supplement the Kentucky Building Code, 815 KAR 7:120, in matters of fire safety.
- History: 25 Ky.R. 2482; Am. 2900; eff. 5-26-1999; 29 Ky.R. 566; 961; eff. 10-16-2002; 30 Ky.R. 2385; 31 Ky.R. 81; eff. 8-6-2004; 32 Ky.R. 2352; 33 Ky.R. 395; eff. 9-1-2006; 33 Ky.R. 395; 3255; 4169; eff. 7-6-2007; 34 Ky.R. 1229; 1741; eff. 2-1-2008; 35 Ky.R. 2364; 36 Ky.R. 77; 1857; eff. 7-29-2009; 39 Ky.R. 1066; eff. 3-8-2013; TAm eff. 5-29-2020; 48 Ky.R. 623, 1766; eff. 3-1-2022; 48 Ky.R. 3060; 498 Ky.R. 620; eff. 11-15-2022; 49 Ky.R. 2145; 50 Ky.R. 673; eff 9-26-2023.
815 KAR 10:070 Consumer fireworks retailer registration and fees {#sec-815-kar-10-070 omnilex-key=us-ky-regs-official--title-815--815 KAR 10:070}
Section 1. Filing of Annual Registration by Consumer Fireworks Retailers.
(1) A retailer shall not offer for sale, sell at retail, or keep with intent to sell consumer fireworks without annually registering with the Kentucky State Fire Marshal.
(2) All retailers of consumer fireworks required by KRS 227.715 to annually register with the State Fire Marshal shall submit to the Division of Fire Prevention:
(a) A completed Fireworks Registration Application, Form FM 32-03 ;
(b) A nonrefundable annual registration fee as established in Section 2 of this administrative regulation; and
(c) Evidence that a current sales and use tax permit has been obtained from the Department of Revenue.
(3) Registration shall not be complete until a Fireworks Registration Application, payment of the appropriate fireworks retailer fee, and evidence of current sales and use tax permit are received and processed by the Division of Fire Prevention, State Fire Marshal.
Section 2. Fee Schedule for Registration of Consumer Fireworks Retailers.
(1) The annual consumer fireworks retailer registration fees for each site shall be:
(a) Twenty-five (25) dollars for registration of retailers intending to sell consumer fireworks described in KRS 227.702(1);
(b) $250 for registration of seasonal retailers intending to sell consumer fireworks described in KRS 227.702(2) and (3) between June 10th and July 7th, or between December 26th and January 4th; and
(c) $500 for registration of permanent retailers whose primary source of business is the sale of consumer fireworks as defined in KRS 227.702(2) and (3).
(2) If registration is received less than fifteen (15) days prior to offering fireworks for sale at the site for which registration is submitted, an additional $100 shall be added to the initial fee, in accordance with KRS 227.715(5).
(3) All registration fees shall be nonrefundable.
Section 3. Payment of Fees.
(1) A fee submitted to the Division of Fire Prevention, State Fire Marshal, shall be made payable to the Kentucky State Treasurer.
(2) If a fee is returned to the Division of Fire Prevention for nonpayment or insufficient funds, the Fire Marshal may revoke registration of the site in accordance with KRS 227.715(10), unless proof of financial institution error is provided.
Section 4. Incorporation by Reference.
(1) Form FM 32-03, "Fireworks Registration Application", May 2020, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Fire Prevention, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 227.700, 227.702, 227.704, 227.708, 227.710, 227.715, 227.750, 227.752
- STATUTORY AUTHORITY: KRS 227.715
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.715 authorizes the department to promulgate administrative regulations establishing registration requirements and fees for any person, firm, co-partnership, non-profit, or business intending to sell consumer fireworks in the Commonwealth. This administrative regulation establishes the registration forms, submission process, and fees for consumer fireworks retailers.
- History: 37 Ky.R. 3045; 38 Ky.R. 241; eff. 8-17-2011; TAm eff. 6-7-2018; TAm eff. 5-29-2020; 48 Ky.R. 627; eff. 3-1-2022.
Chapter 15 Boilers and Pressure Vessels
815 KAR 15:010 Definitions for 815 KAR Chapter 15 {#sec-815-kar-15-010 omnilex-key=us-ky-regs-official--title-815--815 KAR 15:010}
Section 1. Definitions.
(1) "ASME" is defined by KRS 236.010(5).
(2) "ASME Boiler and Pressure Vessel Code" or "ASME Code" means the American Society of Mechanical Engineers Boiler and Pressure Vessel Codes as follows, including all cited code cases, appendices, and addenda, which are incorporated by reference in 815 KAR 15:025 and 815 KAR 15:026:
(a) Section I, rules for construction of power boilers;
(b) Section II, material specifications:
-
Part A specifications for ferrous materials;
-
Part B specifications for nonferrous materials;
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Part C specifications for welding rods, electrodes, and filler metals; and
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Part D Properties (Customary);
(c) Section IV, Rules for construction of heating boilers;
(d) Section V, nondestructive examination;
(e) Section VIII, rules for construction of pressure vessels, Division 1, Division 2, and Division 3;
(f) Section IX, welding and brazing qualifications; and
(g) Section X, Fiber-Reinforced Plastic Pressure Vessels.
(3) "Authorized inspector" means an inspector holding the appropriate endorsement on the National Board Commission to perform new construction shop inspections.
(4) "Boiler" is defined by KRS 236.010(1).
(5) "Boiler and pressure vessel contractor" means the holder of a boiler and pressure vessel contractor license as issued by the department pursuant to KRS 236 and 815 Chapter 8.
(6) "Boiler Inspection Section" means the section within the Division of Plumbing, Department of Housing, Buildings and Construction.
(7) "Boiler inspector" is defined by KRS 236.010(14).
(8) "Certificate inspection" is defined by KRS 236.010(7).
(9) "Chief boiler inspector" is defined by KRS 236.010(13).
(10) "Code boiler or pressure vessel" means a boiler or pressure vessel that bears the ASME Code Symbol stamp and designator. (See also "state special.")
(11) "Commission" means the written credential issued by the department to a boiler inspector, special boiler inspector, or owner-user inspector pursuant to KRS 236.070, 236.080, or 236.095.
(12) "Commissioner" is defined by KRS 236.010(3).
(13) "Deaerator tank" means a pressure vessel in which water is heated, usually by steam, so that any dissolved oxygen is removed from the water.
(14) "Department" is defined by KRS 236.010(4).
(15) "Existing installations" means any boilers and associated piping systems completed and approved for operation prior to July 1, 1970, or pressure vessels and associated piping systems completed and approved for operation prior to July 15, 1980.
(16) "External inspection" means an inspection made while a boiler or pressure vessel is in operation and under pressure.
(17) "Heat recovery boiler" means a boiler in which the source of heat is from another process.
(18) "Heating boiler" is defined by KRS 236.010(1)(c).
(19) "High pressure, high temperature water boiler" is defined by KRS 236.010(1)(b).
(20) "Hot water heating boiler" means a boiler from which hot water is circulated for heating purposes and returned to the boiler and that operates at a pressure not exceeding 160 psig or a temperature of 250 degrees Fahrenheit at or near the boiler outlet.
(21) "Hot water storage tank" means a pressure vessel, unfired but connected to and subject to the same pressures as a companion hot water supply boiler, the combination being used to heat and store hot water for use externally to itself.
(22) "Hot water supply boiler" means a boiler completely filled with water that furnishes hot water to be used externally to itself at pressures not exceeding 160 psig or at temperatures not exceeding 210 degrees Fahrenheit at or near the boiler outlet.
(23) "Hydrostatic test" means the activity of filling a boiler, pressure vessel, or associated piping with water and raising the pressure within the system to check for tightness or mechanical integrity.
(24) "Internal inspection" means an inspection made under circumstances that the boiler or pressure vessel is not operating and hand holes or manways are open for inspection of internal portions of the boiler or pressure vessel as construction permits.
(25) "Jacketed kettle" means a pressure vessel with inner and outer walls that is subject to water or steam pressure and is used to boil or heat liquids and to cook food.
(26) "Lined potable water boiler" means a water boiler with a corrosion resistant lining used to supply potable hot water.
(27) "MAWP" is defined by KRS 236.010(23).
(28) "National Board (NB)" means the National Board of Boiler and Pressure Vessel Inspectors.
(29) "Noncode boiler or pressure vessel " means a boiler or pressure vessel that does not bear the ASME code symbol stamp and designator. (See also "state special.")
(30) "Owner-user inspector" means an inspector commissioned by the department and employed by a company operating a pressure vessel within the Commonwealth and meeting the requirements established in KRS 236.095(1).
(31) "Owner or user" means any person, firm, or corporation owning or operating a boiler or pressure vessel within this Commonwealth.
(32) "Owner's piping inspector" is defined by KRS 236.010(25).
(33) "Power boiler" is defined by KRS 236.010(1)(a).
(34) "Pressure piping" means the connecting piping emanating from the associated boiler or pressure vessel and includes piping as covered pursuant to the ASME Boiler and Pressure Vessel Code, Sections I and IV; Pressure Vessel Code, Section VIII, Division I, 2, or 3. These piping codes include:
(a) Power Piping Code ASME B31.1;
(b) Process Piping Code ASME B31.3;
(c) Refrigeration Piping and Heat Transfer Components Code ASME B31.5;
(d) Building Services Piping Code ASME B31.9; and
(e) Hydrogen Piping and Pipelines Code ASME B31.12.
(35) "Pressure vessel" is defined by KRS 236.010(2).
(36) "Pressure vessels for human occupancy" or "PVHO" means all pressure vessels that enclose a human within its pressure boundary while under internal or external pressure exceeding a differential pressure of 2 psi. PVHOs include decompression or recompression chambers, high altitude chambers, hypobaric or hyperbaric chambers, hyperbaric stretchers, medical hyperbaric oxygenation facilities, and personnel transfer capsules.
(37) "PSI (psi)" means pounds per square inch.
(38) "PSIG (psig)" means pounds per square inch gauge.
(39) "Reinstalled boiler or pressure vessel" means a boiler or pressure vessel removed from its original setting and re-erected at the same location or erected at a new location without change of ownership.
(40) "Repair" means the work necessary to restore pressure-retaining items to a safe and satisfactory operating condition to comply with the National Board Inspection Code incorporated by reference in 815 KAR 15:026.
(41) "Secondhand boiler or pressure vessel" means a boiler or pressure vessel in which both the location and ownership have been changed after initial use.
(42) "Special boiler inspector" is defined by KRS 236.010(15).
(43) "State special" means a boiler or pressure vessel that carries neither the ASME Boiler and Pressure Vessel Code symbol nor National Board registration but has been accepted by the department pursuant to 815 KAR 15:025, Section 4.
(44) "V-R stamp holder" means the holder of a certificate issued by the National Board to repair pressure relief valves.
History
- RELATES TO: KRS Chapter 236
- STATUTORY AUTHORITY: KRS 236.030
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 236.030 requires the commissioner to promulgate administrative regulations that establish reasonable standards for the safe construction, installation, inspection, and repair of boilers, pressure vessels, and pressure piping. This administrative regulation establishes the definitions for terms used in 815 KAR Chapter 15.
- History: 1 Ky.R. 359; eff. 2-5-1975; Recodified from 806 KAR 50:151, 7-5-1978; 7 Ky.R. 259; eff. 10-1-1980; 16 Ky.R. 55; eff. 8-22-1989; 20 Ky.R. 2728; 2973; eff. 5-18-1994; TAm eff. 8-9-2007; 42 Ky.R. 1618; 2108; eff. 2-5-2016; 44 Ky.R. 810, 1334; eff. 1-5-2018; Cert to Am; filing deadline 6-2-2026.
815 KAR 15:025 New installations, general design, construction, and inspection criteria for boilers, pressure vessels, and pressure piping {#sec-815-kar-15-025 omnilex-key=us-ky-regs-official--title-815--815 KAR 15:025}
Section 1. Minimum Standards.
(1) Boilers and pressure vessels. All new boilers and new pressure vessels shall comply with applicable provisions of 815 KAR Chapter 15 and the ASME Boiler and Pressure Vessel Code, 2013 Edition or subsequent editions, as established by KRS 236.040(2), except new boilers and new pressure vessels approved as state specials pursuant to Section 4 of this administrative regulation. All pressure vessels for human occupancy shall comply with the ASME Safety Standard for Pressure Vessels for Human Occupancy, 2012 Edition or subsequent editions, as established by KRS 236.040(3).
(2) ASME stamps. New boilers and new pressure vessels shall be stamped with the applicable certification mark of the ASME Boiler and Pressure Vessel Code.
(3) Installation standard. Installation of all boilers and pressure vessels shall conform to the National Board Inspection Code Part 1, 2015 edition or subsequent editions.
(4) Pressure piping.
(a) All new pressure piping installations connected to the boiler or pressure vessel shall conform to the National Board Inspection Code Part 1, 2015 edition, and the applicable standards referenced in this subsection, as established by KRS 236.040(2):
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ASME Code for Power Piping, B31.1, 2012 edition or subsequent editions;
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ASME Code for Process Piping, B31.3, 2012 edition or subsequent editions;
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ASME Code for Refrigeration Piping and Heat Transfer Components, B31.5, 2013 edition or subsequent editions;
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ASME Code for Building Services Piping, B31.9, 2011 edition or subsequent editions; and
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ASME Code for Hydrogen Piping and Pipelines, B31.12, 2014 edition or subsequent editions.
(b) The maximum allowable design temperature and pressure of the piping system and all of its component parts shall meet or exceed the operating control settings of the boiler or pressure vessel.
(c) If the maximum allowable design temperature or pressure of the boiler exceeds the maximum design limits of the piping system or any of its component parts, the pipe and its components shall not be used unless the following conditions are met:
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The temperature and pressure controls on the boiler are permanently set to prevent operation in excess of the design limits of the piping system; and
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Safety valve or valves shall be installed on the boiler, pressure vessel, or the piping system to protect the system from excess pressure or temperature.
(5) Welded piping joints. Welded joints in pressure piping shall be installed by qualified welders in accordance with the ASME Code, Section IX, as required by the standards referenced in subsection (4) of this section.
Section 2. Manufacturer's Data Report.
(1) A manufacturer's data report on all boilers of steel construction and all pressure vessels constructed in accordance with the ASME Boiler and Pressure Vessel Code shall be filed with the National Board of Boiler and Pressure Vessel Inspectors unless the boiler or pressure vessel is exempted by KRS 236.060 or the pressure vessel has an ASME "UM" certification mark. A pressure vessel with an ASME "UM" certification mark may be registered with the National Board of Boiler and Pressure Vessel Inspectors.
(2) The boilers and pressure vessels required to be filed with the National Board in subsection (1) of this section shall include the National Board registration number on the manufacturer's date plate.
Section 3. Installation Inspection or First Inspection and State Registration of New Boilers and Pressure Vessels.
(1) Installation inspection. New installations of boilers, pressure vessels, and associated pressure piping shall be inspected by the department for compliance with applicable ASME Boiler and Pressure Vessel Code requirements, the National Board Inspection Code, and this administrative regulation.
(2) Notification of inspection.
(a) If an inspection is required by this administrative regulation, the owner or user shall prepare each boiler, pressure vessel, and pressure piping system for inspection pursuant to this administrative regulation and the National Board Inspection Code, Part I.
(b) The owner or user shall prepare for and apply a hydrostatic pressure or other leak test on the date if requested by the boiler inspector, special boiler inspector, or owner-user inspector.
(c) Inspections shall be conducted within seven (7) days of the date of notification.
(3) Inspection times. Except as established in 815 KAR 15:027, inspections made by boiler inspectors shall be conducted during normal business hours of the department between 8:00 a.m. and 4:30 p.m. Monday through Friday.
(4) Contractor availability. The boiler and pressure vessel contractor shall be available to the boiler inspector, physically or electronically, at the time of the inspections.
(5) State registration. Upon completion of the installation or at the time of first inspection, a Commonwealth of Kentucky registration number shall be assigned to the boiler or pressure vessel and shall be applied to the boiler or pressure vessel with a metal tag showing the registration number. This tag shall be securely affixed near the manufacturer's name plate or data plate.
(6) Non-registered boilers and non-registered pressure vessels. Boiler inspectors, special boiler inspectors, and owner-user inspectors shall notify the department within thirty (30) days of locating any non-registered boiler or non-registered pressure vessel.
(7) General welding.
(a) If welded assembly has been used, the installing boiler and pressure vessel contractor shall produce the following for the boiler inspector's, special boiler inspector's, or owner's piping inspector's review:
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The welding procedures; and
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Proof of qualification and continuity records for the welders and welding operators.
(b) The boiler and pressure vessel contractor shall be responsible for the quality of the welding.
(8) Welded piping joints. Welded joints in pressure piping shall be visually inspected for complete and full root penetration, soundness of the weld and freedom from undercutting, cracking, or other surface imperfections in accordance with the requirements of the applicable ASME B31 Code section. If the visual inspection reveals a potential defect, the boiler inspector, special boiler inspector, or owner's piping inspector may require other nondestructive tests, such as radiography, to be performed by the contractor to verify the soundness of the weld. All tests or retests required by the boiler inspector, special boiler inspector, or owner's piping inspector shall be at the owner's or boiler and pressure vessel contractor's expense.
(9) Hydrostatic pressure test for boilers and pressure vessels.
(a) A hydrostatic pressure test, when applied to a boiler or pressure vessel, shall conform to the testing procedures and pressures as specified in the original code of construction. The pressure shall be under proper control so that in no event shall the required test pressure exceed the testing requirements listed in the original code of construction.
(b) During the hydrostatic pressure test, the safety valve or valves shall be removed. If the safety valve or valves cannot be removed, then each valve disc shall be held down by means of a testing clamp and not by screwing down the compression screw upon the spring.
(c) The minimum temperature of the water used to apply a hydrostatic test shall not be less than ambient temperature, but in no case less than seventy (70) degrees Fahrenheit, and the maximum temperature shall not exceed 120 degrees Fahrenheit.
(d) If the only purpose of the test is to determine tightness, the test pressure shall be equal to the relieving pressure of the safety valve having the lowest relief setting.
(10) Pressure test for pressure piping. Pressure piping systems installed in association with the boiler or pressure vessel shall be inspected for proper materials, adequate pressure, and temperature ranges for the boiler or pressure vessel operation and for adequate support and tightness as established in this subsection.
(a) Hydrostatic and pressure leak tests.
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Except as stated in paragraph (b), hydrostatic or other leak tests shall be performed on the pressure piping system connected to the boiler or pressure vessel and shall conform to the procedures and test pressures outlined in the original code of construction.
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Non-destructive testing shall be used if hydrostatic or leak testing cannot be performed.
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Original mill material stencils and markings used to verify material shall be legible at the time of inspection. Pipe, including welding joints, shall not be painted or covered prior to inspection.
(b) Alternative testing.
- The following piping systems shall be inspected visually under in-service conditions:
a. Compressed air systems with a MAWP of 200psi or less, a pipe diameter of two (2) inches or less, and no welded joints;
b. Hydronic heating or process systems with a MAWP of 100psi or less, a pipe diameter of two (2) inches or less, and no welded joints;
c. Steam condensate systems with a MAWP of 50psi or less, a pipe diameter of two (2) inches or less, and no welded joints;
d. Non-ammonia refrigeration with a pipe diameter of two (2) inches or less and no welded joints; and
e. Cryogenic piping with a pipe diameter of two (2) inches or less and no welded joints.
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Sufficient openings shall be made in any insulation to determine pipe material. Welded piping joints shall not be covered with insulation prior to inspection.
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Pipe may be painted prior to inspection if the owner or user provides documentation of materials that make up the pipe to the inspector. Welded joints shall not be painted prior to inspection.
(c) Code compliance. Pressure piping inspections shall include determining compliance with applicable ASME B31 Code including material specifications for the piping and component parts. The boiler and pressure vessel contractor shall provide documentation to the boiler inspector, special boiler inspector, owner's piping inspector, or owner-user inspector showing that:
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The materials used and method of construction meets the manufacturer's procedures and specifications; and
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The system is utilizing the materials and equipment specified within the temperature and pressure ranges set forth in the design and as required by this administrative regulation.
Section 4. State Special.
(1) Boilers and pressure vessels of special design, which are equivalent to but are not eligible to be stamped to the ASME Code, shall meet the requirements of this section. The prospective owner or user who desires approval of the boiler installation or pressure vessel installation as a state special shall comply with the procedures established in this administrative regulation for each case.
(a) Prior to installation and operation of the boiler or pressure vessel, the proposed owner, user, or the owner's authorized agent shall make written application for permission to install the boiler or pressure vessel. The application shall be submitted to the commissioner.
(b) To establish ASME Boiler and Pressure Vessel Code equivalency, the following data, material, and information shall be submitted with the application for state special approval:
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Detailed shop drawings and welding details of the proposed construction. All materials shall be in the English language and United States units of measurements listed in the ASME Code;
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Design calculations and supporting data, which shall include pressure (psi), temperature (deg. F.), use, and other service conditions;
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Specifications for all construction materials shall conform to the applicable ASME Code standards or their suitable equivalent. If reference is made to a standard or specification of a country other than the United States, a copy shall be attached to indicate how the material is considered equivalent;
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Copies of the welding procedures to be used and welding qualification test reports for each welding operator or welder to be used. The procedures and tests required in this paragraph shall be made in accordance with the ASME Boiler and Pressure Vessel Code, Section IX, "Welding Qualifications;"
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If the design exceeds ASME Boiler and Pressure Vessel Code limitation, then API 579/ASME FFS-1, 2007 or later edition shall be used to determine equivalency of the submission;
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Design drawings and calculations shall be certified by a mechanical engineer holding a professional engineer certification with a background in boilers and pressure vessels;
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The manufacturer of the vessel shall identify the inspection agency responsible for the shop inspections and shall submit an equivalent ASME manufacturer's data report for the proposed vessel; and
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The shop inspection agency shall furnish the qualifications of the authorized inspector assigned to make the shop inspections.
(2) Upon completion of the boiler or pressure vessel, a manufacturer's data report, signed by the manufacturer and authorized inspector, shall be submitted to the jurisdictional authorities containing the equivalent type data required by the ASME Boiler and Pressure Vessel Code. ASME Boiler and Pressure Vessel Code data report forms shall not be used.
(3) Upon arrival in the Commonwealth of Kentucky, the boiler or pressure vessel shall be inspected before installation by a boiler inspector to verify compliance with this section.
Section 5. General Requirements.
(1) Safety appliances. The safety appliances required by these administrative regulations shall not be removed or tampered with except for the purpose of making repairs. The resetting of safety valves shall be done by a V-R stamp holder.
(2) Additional Hazards. If an additional hazard is possible by exposure of a pressure vessel to fire or other unexpected sources of external heat, supplemental pressure relieving devices shall be installed capable of protecting against excessive pressure. These supplemental pressure relieving devices shall be capable of preventing the pressure from rising more than twenty-one (21) percent above the MAWP.
(3) Pressure relieving device.
(a) A pressure relieving device shall be constructed, located, and installed so that the device is readily accessible for inspection and repair and cannot be readily rendered inoperative; and
(b) A pressure relieving device shall be selected so that the intended service of the pressure relieving device corresponds with the boiler or pressure vessel on which the pressure relieving device is installed.
(4) Relieving capacity. The minimum relieving capacity of the safety valve(s) or safety relief valve(s) shall be equal to or exceed the maximum output of the boiler.
(5) Omission or removal of pressure relieving device.
(a) If a pressure relieving device is omitted or removed, the device shall be omitted or removed in accordance with ASME Section VIII, Division 1, UG-140, Appendix M and ASME Section VIII, Division 2, Part 9, or Division 3, Part KR.
(b) If a pressure relieving device is omitted or removed pursuant to the standards established in subparagraph 1. of this paragraph, except ASME Section VIII, Division 1, Appendix M., the Boiler Inspection Section shall be notified prior to the omission or removal, and prior to the pressure vessel being placed in service.
(c) The required documentation of calculations pursuant to paragraph (a) in this subsection shall be submitted to the Boiler Inspection Section for review and acceptance or rejection of the proposed omission or removal.
(6) Location of discharges to atmosphere. The discharge of safety valves, blowoff pipes, and other outlets shall be located to prevent injury to persons and property.
(7) Boiler external piping.
(a) Boiler external piping shall be attached in accordance with ASME Section I and B31.1.
(b)
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If two (2) or more boilers with manholes are connected to a common steam or high temperature water main or header, all welded external piping from the boiler out to the second stop valve shall be installed by a manufacturer or contractor authorized to use any one (1) of the ASME Code symbol stamps for pressure piping, power boilers, or assembly stamps.
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The piping or fittings, adjacent to the welded joint farthest from the boiler, shall be stamped with the pressure piping, power boiler, or assembly code symbol stamp of the ASME when approved by the boiler inspector, special inspector, or owner-user inspector.
(8) Manually fired boilers.
(a) Gauge cocks. Each manually fired boiler shall comply with ASME Section I, except a manually fired boiler built before the publication of the 1991 Addenda to ASME Section I (1989 Edition), shall have three (3) or more gauge cocks located within the range of the visible length of the water glass, except if the boiler has two (2) water glasses with independent connections to the boiler located on the same horizontal lines and not less than two (2) feet apart. Two (2) gauge cocks shall be sufficient for boilers not over thirty-six (36) inches in diameter in which the heating surface does not exceed 100 square feet.
(b) Fusible plugs. A fire-actuated fusible plug, if used, shall conform to the requirements of ASME Section I, Paragraphs A-19, A-20 and A-21.
(9) Clearance.
(a) If boilers or pressure vessels are replaced or new boilers or new pressure vessels installed in either existing or new buildings, a minimum of two (2) feet shall be provided on all service sides. Boiler and pressure vessels having manholes shall have five (5) feet clearance between the manhole opening and any wall, ceiling, or piping that will prevent a person from entering the boiler or pressure vessel.
(b) Boilers shall be installed to:
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Allow adequate space for their proper operation and their appurtenances;
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Allow inspection of all surfaces, tubes, water walls, economizer, piping, valves, and other equipment; and
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Allow for necessary maintenance and repair.
(c) A boiler or pressure vessel subject to external corrosion shall be installed so that there is sufficient access to all parts of the exterior to permit proper inspection of the exterior surfaces, or the boiler or pressure vessel shall have a connection so that the vessel can be readily removed from its location for inspection.
(d) If a cylindrical vessel is installed in a vertical position and subject to corrosion, the bottom head, if dished, shall be concave to pressure to facilitate proper drainage.
(e) The installed boiler or pressure vessel shall be located so that the data plate shall be accessible to the boiler inspector, special inspector, or owner-user inspector and shall not be obstructed by insulation or other covering not readily removable.
(10) Emergency shutdown switches.
(a)
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Installations of power boilers, heating boilers, or hot water supply boilers shall have a manually operated remote boiler shutdown switch or circuit breaker located near the boiler room door, inside or outside of the boiler room, and marked for easy identification. Consideration shall also be given to the type and location of the switch to safeguard against tampering.
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If there is more than one (1) door to or from the boiler room, a switch shall be located at each door.
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A cover plate may be used to prevent accidental activation of the shutdown switch, if the cover plate is easily opened or removed.
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If a shutdown switch is activated, the shutdown switch shall require a manual reset.
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The shutdown switch shall cause the display or indicator lights on a boiler to turn off, or otherwise indicate that the boiler has been shut down.
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If a new boiler is installed in an existing boiler room, all existing boilers shall be connected to the emergency shutdown switch.
(b) A power boiler or heating boiler installed prior to July 1, 2015 shall be exempt from paragraph (a) of this subsection unless the power boiler or heating boiler installed prior to July 1, 2015 is located in a hospital, rest home, school, day care, jail, mental institution, or similar institutional facility.
(c) Paragraph (a) of this subsection shall not apply to manufacturing and power generating facilities.
Section 6. Incorporation by Reference.
(1) The "National Board Inspection Code", 2015 Edition, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Plumbing, Boiler Section, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS Chapter 236
- STATUTORY AUTHORITY: KRS 236.030, 236.040, 236.060, 236.110, 236.120, 236.240
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 236.030 requires the commissioner to promulgate administrative regulations that establish standards for the safe construction, installation, inspection, and repair of boilers, pressure vessels, and associated pressure piping. KRS 236.040 requires all boiler and pressure vessels to conform to the rules and regulations formulated by the commissioner and establishes the standards for pressure piping and pressure vessels for human occupancy. KRS 236.110 establishes the inspection requirements for boilers, pressure vessels, and pressure piping. This administrative regulation establishes the design, construction, and inspection requirements of the boiler inspection section for all boilers and pressure vessels not exempted by KRS 236.060.
- History: 20 Ky.R. 2753; 2975; eff. 5-18-1994; TAm eff. 8-9-2007; 42 Ky.R. 1621; 2109; eff. 2-5-2016; 44 Ky.R. 813, 1335; eff. 1-5-2018; TAm eff. 5-29-2020; Cert to Am, filing deadline 6-2-2026.
815 KAR 15:026 Existing boilers and pressure vessels; testing, repairs, inspection, and safety factors {#sec-815-kar-15-026 omnilex-key=us-ky-regs-official--title-815--815 KAR 15:026}
Section 1. Frequency of Inspection of Existing Vessels.
(1) Boiler inspections. Boilers shall be inspected pursuant to KRS 236.110 upon notification by a boiler inspector or special boiler inspector.
(2) Pressure vessel inspections. Pressure vessels shall be reinspected in accordance with this subsection and subsection (3) of this section.
(a) Pressure vessels exceeding 200 psi MAWP shall be inspected every five (5) years.
(b) Hot water storage tanks, sterilizers, and autoclaves shall be inspected every four (4) years.
(c) Pressure vessels for human occupancy and hyperbaric chambers shall be inspected every two (2) years.
(d) Jacketed kettles shall be inspected every two (2) years.
(e) Deareators shall be inspected externally and internally every ten (10) years.
(f) All pressure vessels shall be re-inspected at the time of repair, alteration, or relocation.
(3) Inspection times. Except as established in 815 KAR 15:027, inspections made by boiler inspectors shall be conducted during normal business hours of the department between 8:00 a.m. and 4:30 p.m. Monday through Friday.
Section 2. Preparation for Inspections and Tests.
(1) The owner or user shall prepare the boiler or pressure vessel for inspection if requested by the boiler inspector, special boiler inspector, or owner-user inspector.
(2) Inspections shall be conducted within seven (7) days of the date of notification by the boiler inspector, special boiler inspector, or owner-user inspector.
(3) The owner or user shall prepare a boiler or pressure vessel for inspection by ensuring that:
(a) Water shall be drawn off and the boiler thoroughly washed;
(b) The manhole and handhole plates, washout plugs, and the plugs in water column connections shall be removed and the furnace and combustion chambers thoroughly cooled and cleaned;
(c) The grate of an internally fired boiler, if present, shall be removed;
(d) Brickwork shall be removed as required by the boiler inspector or special boiler inspector to determine the condition of the boiler, header, furnace, supports, or other parts; and
(e) Leakage of steam or hot water into the boiler shall be cut off by disconnecting or blocking off the pipe or valve at the most convenient point.
(4) If the boiler or pressure vessel is jacketed, enough of the jacketing shall be removed upon the request of the boiler inspector, special boiler inspector, or owner-user inspector so that the safety of the boiler or pressure vessel can be determined. If the covering cannot be removed at that time, the boiler inspector, special boiler inspector, or owner-user inspector shall order the boiler or pressure vessel out of service until the covering can be removed and a proper examination made.
(5) If a boiler has not been prepared for an inspection in accordance with the requirements of this section or the owner or user fails to comply with the requirements for the hydrostatic or other leak test established in this administrative regulation, the boiler inspector or special boiler inspector may decline to make the inspection or test and the inspection certificate shall be withheld until the owner or user complies with the requirements.
(6) Hydrostatic pressure tests. If a hydrostatic test is applied to an existing installation, the pressure shall be as established in paragraphs (a) through (d) of this subsection.
(a) For determining tightness, the pressure shall be equal to the release pressure of the safety valve or valves having the lowest release setting.
(b)
-
For determining safety or the strength of a vessel and associated piping as well as tightness, the test shall conform to the procedures and the pressure shall conform to the test pressures established in the original code of construction but not exceed one and one-half (1 1/2) times the MAWP, except for a locomotive type boiler, in which case the pressure shall be one and one-fourth (1 1/4) times the MAWP.
-
The pressure shall be under proper control to prevent the required test pressure from exceeding testing requirements listed in the original code of construction.
(c) The temperature of the water used for the hydrostatic test shall not be less than ambient temperature and shall not be less than seventy (70) degrees Fahrenheit for boilers or thirty (30) degrees Fahrenheit above the minimum design metal temperature for pressure vessels, nor high enough to allow the metal temperature to exceed 120 degrees Fahrenheit.
(d) Minimum test pressure shall not be less than eighty (80) percent of the MAWP or the set pressure of the pressure-relieving device, whichever is greater.
Section 3. Safety Factors in Existing Boilers and Pressure Vessels.
(1) Maximum pressure and temperature.
(a) Code boilers. The MAWP and temperature for standard pressure vessels and boilers shall be determined in accordance with the original code of construction.
(b) Noncode high pressure boilers. The MAWP of a noncode high pressure boiler shall be calculated in accordance with Section I of the ASME Boiler and Pressure Vessel Code.
(c) Noncode welded heating boilers.
-
The MAWP of a noncode steel or wrought iron heating boiler of welded construction shall not exceed fifteen (15) psi.
-
For other than steam service, the MAWP shall be calculated in accordance with Section IV of the ASME Boiler and Pressure Vessel Code as established by KRS 236.040(2).
(d) Noncode cast iron heating boilers. The MAWP of a noncode boiler, composed principally of cast iron shall not exceed fifteen (15) psi for steam service or thirty (30) psi for hot water service.
(2) Notice of accident or malfunction.
(a) If an accident or malfunction renders a boiler or pressure vessel inoperative, the owner, user, or insurer shall immediately notify the Boiler Inspection Section and submit a detailed report of the accident or malfunction.
(b)
-
For any accident, including an explosion, resulting in property damage, injury to a person, or loss of life, the owner, user, or insurer shall give notice immediately by phone or electronic mail to the Boiler Inspection Section.
-
The boiler, pressure vessel, or any of the parts shall not be removed or disturbed before an inspection has been made by a boiler inspector or special boiler inspector, except for the purpose of saving human life.
(3) Unsafe boilers and pressure vessels. A boiler or pressure vessel inspected by a boiler inspector or a special boiler inspector and found unsafe for further use shall be removed from service, until the boiler or pressure vessel has been sufficiently repaired and inspected by a boiler inspector or a special boiler inspector.
(4) Removal of safety appliances.
(a) A person shall not attempt to remove or work on a safety appliance while a boiler or pressure vessel is in operation unless under the direction of a boiler inspector or special boiler inspector, or permitted by these administrative regulations.
(b) If a safety appliance is repaired during an outage of a boiler or pressure vessel, the appliance shall be reinstalled and in proper working order before the vessel is returned to service.
(5) Maintenance. The boiler, pressure vessel, and pressure piping shall be maintained in accordance with the minimum requirements of the edition of the ASME Code that was in effect at the time the boiler, pressure vessel, and pressure piping was constructed and installed.
Section 4. Used Vessels.
(1) Used Vessel Inspections. Before a used boiler or pressure vessel is placed into service, it shall be inspected by a boiler inspector, and the inspection may include an internal and external visual inspection, a hydrostatic test, or other non-destructive examination.
(2) Reinstalled boilers or pressure vessels.
(a) If a boiler or pressure vessel is moved and reinstalled, the fittings and appliances shall comply with the ASME Boiler and Pressure Vessel Code, 2013 Edition or subsequent editions, as established by KRS 236.040(2), and 815 KAR Chapter 15.
(b) All pressure vessels for human occupancy shall comply with the ASME Safety Standard for Pressure Vessels for Human Occupancy, 2012 Edition or subsequent editions, as established by KRS 236.040(3), and 815 KAR Chapter 15.
(3) Appeal of an inspection decision.
(a) If the owner or user does not concur with the boiler inspector's decision regarding the condition of the boiler or pressure vessel, the owner or user may appeal to the commissioner who shall request a joint inspection by the chief boiler inspector and the boiler inspector.
(b) The chief boiler inspector and the boiler inspector shall render a report to the commissioner, who shall render the final decision, based upon the data contained in all the inspectors' reports.
Section 5. Repairs and Alterations.
(1) Repair or alteration to a boiler, pressure vessel, and the appurtenances shall conform to the requirements of the National Board Inspection Code Part 3, 2015 Edition, or subsequent editions.
(2) Repairs or alterations to pressure relieving devices shall be made by a firm possessing the National Board Certificate of Authorization for Use of the Valve Repair (V-R) Stamp and the valve shall be stamped with the V-R stamp upon completion of the repair.
(3) An owner-user inspector may inspect repairs and alterations to pressure vessels that the owner-user inspector's company owns or operates.
Section 6. Inspection by Special Boiler Inspectors.
(1) A special boiler inspector shall submit an inspection report to the Boiler Inspection Section on the applicable National Board Inspection Code Report of Inspection standard form or its electronic equivalent.
(2) An insurance company shall notify the Boiler Inspection Section of a new or a cancelled policy for a boiler or pressure vessel within thirty (30) days of the effective date of the policy.
(3) If a special boiler inspector finds, upon inspection of a boiler or pressure vessel a condition causing the special boiler inspector's company to refuse or suspend insurance of the boiler or pressure vessel, the company shall immediately notify the Boiler Inspection Section and submit a report of the defect.
Section 7. Inspection by Owner-User Inspectors.
(1) An owner-user inspector shall submit an inspection report to the Boiler Inspection Section on the applicable National Board Inspection Code Report of Inspection standard form, or its electronic equivalent.
(2) An owner-user company shall immediately notify the Boiler Inspection Section of a defective pressure vessel and submit a report of the defect using the applicable National Board Inspection Code Report of Inspection standard form or its electronic equivalent.
(3) If there is a disagreement as to the acceptance of any condition of a pressure vessel or repair by the owner-user inspector and owner-user company, the department shall make the final determination in accordance with the standards established in this administrative regulation.
Section 8. Inspection by Owner's Piping Inspector.
(1)
(a) Owner's piping inspectors shall inspect all new, replacement, and repaired piping for compliance to the applicable ASME piping code to which the piping is installed.
(b) The owner's piping inspector shall sign the permit filed by the boiler and pressure vessel contractor performing the piping installation or repair and forward it to the Boiler Inspection Section.
(2)
(a) The owner facility license and the independent inspection agency shall maintain copies of the material mill test reports and pressure test information including type of test, pressure at start and end of test, and duration of test for five (5) years pursuant to KRS 236.097(1)(h) and (3)(f).
(b) If welded joints are utilized, the file shall contain the qualified welder identification, weld procedure, and procedure qualification used.
(3) If there is a disagreement as to the acceptance of any condition of the piping installation or repair by the owner's piping inspector and owner's user facility, the department shall make the final determination in accordance with the standards established in this administrative regulation.
Section 9. Incorporation by Reference.
(1) The "National Board Inspection Code", 2015 Edition, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Plumbing, Boiler Section, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 236.010, 236.030, 236.110, 236.240, 236.250, 236.990
- STATUTORY AUTHORITY: KRS 236.030, 236.040, 236.110
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 236.030 requires the commissioner to promulgate administrative regulations that establish reasonable standards for the inspection and repair of boilers and pressure vessels. This administrative regulation establishes the requirements for inspections and safe maintenance of boilers and pressure vessels.
- History: 20 Ky.R. 2756; 2978; eff. 5-18-1994; 23 Ky.R. 3621; 24 Ky.R. 94; eff. 6-25-1997; TAm eff. 8-9-2007; 42 Ky.R. 1625; 2113; eff. 2-5-2016; 44 Ky.R. 819, 1341; eff. 1-5-2018; TAm eff. 5-29-2020; Cert to Am, filing deadline 6-2-2026.
815 KAR 15:027 Fees and certificates for boiler and pressure vessel inspection {#sec-815-kar-15-027 omnilex-key=us-ky-regs-official--title-815--815 KAR 15:027}
Section 1. Fees.
(1) Permit Fees.
(a) Permits for new installations of boilers, pressure vessels, and pressure piping shall be based upon the total dollar value of each installation, either actual or estimated. The installing boiler and pressure vessel contractor shall identify the applicable cost range, which shall include both labor and material costs, but the boiler and pressure vessel contractor shall not be required to identify the exact cost.
(b) The fees for permits for new installations shall be paid prior to installation.
(c) The permit fees for boilers, pressure vessels, or pressure piping are as follows:
(d)
-
If a boiler and pressure vessel contractor is unable to complete the work after a permit has been issued and work has begun, the permit may be taken over and responsibility assumed by a different boiler and pressure vessel contactor.
-
The new boiler and pressure vessel contractor shall pay a fee of seventy (70) dollars for a transferred permit as outlined in subparagraph 1. of this paragraph.
(2) Fees for Reinspection.
(a) Fees for the annual reinspection of power boilers pursuant to KRS 236.110(1)(a) shall be charged at the rates established in this subsection.
(b) Fees for the biennial reinspection of heating boilers pursuant to KRS 236.110(1)(b) shall be charged at the rates established in this subsection.
(c)
-
The fee for the initial inspection of an existing pressure vessel that has been in service for at least five (5) years and has not received a certificate of inspection shall be twenty-five (25) dollars.
-
The fee for the initial inspection of an existing pressure vessel that has been in service for less than five (5) years shall be the same as the permit fees in subsection 1 of this section.
(d) The fee for a reinspection of a pressure vessel pursuant to 815 KAR 15:026 Section 1(2) shall be twenty-five (25) dollars.
(3)
(a) An inspection made by boiler inspectors at the request of a boiler manufacturer, installer, engineering contractor, or owner conducted outside of normal business hours as established in 815 KAR 15:025 and 815 KAR 15:026 shall be charged at the rates established in this subsection:
-
$450 for one-half (1/2) day of four (4) hours or less;
-
$600 for one (1) day of more than four (4) hours to eight (8) hours;
-
$600 for any part of a Saturday, Sunday, or state holiday; and
-
Forty (40) dollars per hour for overtime in excess of eight (8) hours in any one (1) day.
(b) In addition to the fees listed in this subsection, the manufacturer, installer, engineering contractor, or owner shall be charged for mileage at the current state rate. The manufacturer, installer, engineering contractor, or owner may be charged for lodging, meals, and incidentals of the boiler inspector if the inspection requires more than eight (8) hours.
(c) The fees established in this subsection shall be in addition to the regular fees for permits, inspections, and certificates of inspection.
(4) Charges for inspection of a used boiler or used pressure vessel shall be at the rates established in subsection (1) paragraph (c) of this section.
(5) Inspections of a manufacturing facility at the request of the manufacturer for the issuance of ASME or National Board Certificates of Authorization shall be charged at the rates established in this subsection:
(a) Initial inspection for ASME certificates - $1,200;
(b) Renewal of ASME certificates - $950; and
(c) Initial inspections and renewals for National Board R or V-R certificate - $400.
Section 2. Certificates of Inspection. If the owner or user of the boiler or pressure vessel required to be inspected refuses to allow an inspection to be made, or refuses to pay the required fee, the certificate of inspection shall be suspended by the commissioner until the owner or user complies with the requirements in KRS 236 and 815 KAR Chapter 15.
History
- RELATES TO: KRS Chapter 236
- STATUTORY AUTHORITY: KRS 236.030, 236.120, 236.130, 236.240, 236.250
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 236.030 and 236.130 require the commissioner to promulgate administrative regulations that establish reasonable inspection fees for boilers, pressure vessels, and pressure piping. This administrative regulation establishes the fees for permits and inspections for boilers, pressure vessels, and pressure piping.
- History: 20 Ky.R. 2759; eff. 5-18-1994; 24 Ky.R. 954; eff. 12-15-1997; 27 Ky.R. 3371; 28 Ky.R. 391; eff. 8-15-2001; TAm eff. 8-9-2007; 42 Ky.R. 1629; 2115; eff. 2-5-2016; 44 Ky.R. 823, 1343; eff. 1-5-2018; Cert to Am, filing deadline 6-2-2026.
815 KAR 15:080 Boiler and pressure vessel licenses {#sec-815-kar-15-080 omnilex-key=us-ky-regs-official--title-815--815 KAR 15:080}
Section 1. Boiler and Pressure Vessel Contractors.
(1) Application. An applicant for an initial boiler and pressure vessel contractor license shall submit to the department:
(a) Proof that the applicant is eighteen (18) years of age or older;
(b) A completed Boiler and Pressure Vessel Contractor License Application on Form PLB-BPV-1;
(c) A passport-sized color photograph of the applicant taken within the past six (6) months; and
(d) A nonrefundable license fee of $250 payable to the Kentucky State Treasurer. If an initial license is for a period of less than twelve (12) months, the initial license fee shall be reduced on a pro rata basis. The initial license fee shall not be prorated for less than seven (7) months.
(2) Examination.
(a) An applicant for a boiler and pressure vessel contractor license shall take and pass the examination required by KRS 236.210 before an initial license may be issued under this section.
(b) The applicant shall successfully complete the examination with a passing score of at least seventy (70) percent.
(c) A passing score on the examination shall be valid for a period of three (3) years.
(3) Termination of an application.
(a) The initial application shall remain pending until all requirements are met or for a period of up to one (1) year after the date the application is submitted to the department.
(b) At the end of one (1) year, the application shall be void.
(4) License Renewal.
(a) A boiler and pressure vessel contractor license shall expire annually on the last day of the licensee's birth month unless renewed in accordance with this subsection.
(b) An applicant for renewal of a boiler and pressure vessel contractor license shall submit to the department on or before the expiration of the license:
-
A completed Boiler and Pressure Vessel Contractor License Application on Form PLB-BPV-1; and
-
A nonrefundable annual renewal fee of $175 payable to the Kentucky State Treasurer.
(5) Representation.
(a) A boiler or pressure vessel contractor shall provide general supervision to and be primarily responsible for all work performed by the licensee's employees.
(b) A company or individual may engage in the business of installing, erecting, or repairing boilers, pressure vessels, or pressure piping within the Commonwealth if one person connected with such a company or individual responsible for the boiler, pressure vessel, or pressure piping work is a boiler and pressure vessel contractor.
(c) Any boiler and pressure vessel contractor, responsible for the boiler, pressure vessel, or pressure piping work for a company or individual engaged in the boiler, pressure vessel, or pressure piping business, shall notify the department at any time he commences or severs his connection with the company or individual.
(d) A boiler and pressure vessel contractor shall only represent one (1) company or individual at a time.
Section 2. Owner Facilities.
(1) Application. An applicant for an owner facility license shall submit to the department:
(a) A completed Owner Facility License Application on Form PLB-BPV-2;
(b) The fee required by KRS 236.097(1)(d), payable to the Kentucky State Treasurer;
(c) Proof of employee or contractor who holds a license pursuant to KRS 236.210; and
(d) Proof that the facility has general liability insurance through a company permitted to transact insurance in Kentucky.
(2) License Renewal.
(a) An owner facility license shall expire after a period of two (2) years, on the last day of the month in which the license was initially issued, unless renewed in accordance with this subsection.
(b) An applicant for renewal of an owner facility license issued in accordance with this section shall, by no later than sixty (60) days prior to the expiration of the license, submit to the department:
-
A completed Owner Facility License Application on Form PLB-BPV-2; and
-
The fee required by KRS 236.097(1)(f), payable to the Kentucky State Treasurer.
(3) Inspection prohibition. An owner facility shall not conduct, or allow to be conducted, any piping inspections under the owner facility's license unless the inspector performing the inspection is licensed pursuant to Section 3 or Section 4 of this administrative regulation.
Section 3. Owner's Piping Inspectors.
(1) Application. An applicant for an initial owner's piping inspector license shall submit to the department:
(a) Proof that the applicant is eighteen (18) years of age or older;
(b) A completed Owner's Piping Inspector License Application on Form PLB-BPV-3;
(c) A passport-sized color photograph of the applicant taken within the past six (6) months; and
(d) The nonrefundable fee required by KRS 236.097(2)(c), payable to the Kentucky State Treasurer. If an initial license is for a period of less than twenty-four (24) months, the initial license fee shall be prorated in accordance with KRS 236.097(2)(d).
(2) License renewal.
(a) An owner's piping inspector license shall expire on the last day of the licensee's birth month in the second year following the issue date.
(b) An applicant for renewal of an owner's piping inspector license shall, on or before the expiration of the license, submit to the department:
-
A completed Owner's Piping Inspector License Application on Form PLB-BPV-3; and
-
The fee required by KRS 236.097(2)(f), payable to the Kentucky State Treasurer.
Section 4. Independent Inspection Agencies.
(1) Application. An applicant for an initial independent inspection agency license shall submit to the department:
(a) A completed Independent Inspection Agency License Application on Form PLB-BPV-4; and
(b) The fee required by KRS 236.097(3)(b), payable to the Kentucky State Treasurer.
(2) License renewal.
(a) An independent inspection agency license shall expire after a period of two (2) years, on the last day of the month in which the license was initially issued.
(b) An applicant for renewal of an independent inspection agency license shall, on or before the expiration of the license, submit to the department:
-
A completed Independent Inspection Agency License Application on Form PLB-BPV-4; and
-
The fee required by KRS 236.097(3)(e), payable to the Kentucky State Treasurer.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) Form PLB-BPV-1, "Boiler and Pressure Vessel Contractor License Application", May 2020;
(b) Form PLB-BPV-2, "Owner Facility License Application", May 2020;
(c) Form PLB-BPV-3, "Owner's Piping Inspector License Application", May 2020; and
(d) Form PLB-BPV-4, "Independent Inspection Agency License Application", May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Boiler Section, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS 236.097, 236.210
- STATUTORY AUTHORITY: KRS 236.030, 236.097, 236.210
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 236.030 requires the commissioner to promulgate administrative regulations that establish reasonable standards for the safe construction, installation, inspection, and repair of boilers, pressure vessels, and associated pressure piping in Kentucky. KRS 236.210 requires the commissioner to establish reasonable fees for the licensing of all boiler and pressure vessel contractors. KRS 236.097 establishes criteria and fees for the issuance of owner facility, owner's piping inspector, and independent inspection agency licenses, and requires the department to develop the applications required for the issuance and renewal of these licenses. This administrative regulation establishes the fees, standards, and forms incident to the licensing of boiler and pressure vessel contractors, owner facilities, owner's piping inspectors, and independent inspection agencies.
- History: 815 KAR 015:080. 13 Ky.R. 1211; eff. 1-13-1987; 20 Ky.R. 2739; eff. 5-18-1994; 24 Ky.R. 956; eff. 12-15-1997; 27 Ky.R. 3373; eff. 8-15-2001; 31 Ky.R. 1748; 32 Ky.R. 83; eff. 7-27-2005; 42 Ky.R. 1641; eff. 2-5-2016; 45 Ky.R. 805, 1543; eff. 1-4-2019; TAm eff. 5-29-2020; Crt to Am; filing deadline 6-4-2027.
Chapter 20 Plumbing
815 KAR 20:010 Definitions for 815 KAR Chapter 20 {#sec-815-kar-20-010 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:010}
Section 1. Definitions.
(1) "ABS" means acrylonitrile-butadiene-styrene.
(2) "Administrative authority" means the Department of Housing, Buildings and Construction or any person or agency authorized by the department to administer and enforce the provisions of the Kentucky State Plumbing Code.
(3) "Air break" means a piping arrangement for a drainage system in which a drain from a fixture, appliance, or device discharges indirectly into another fixture, receptacle, or interceptor at a point below the flood level rim.
(4) "Air gap" means, for a drainage system, the unobstructed vertical distance through the free atmosphere between the outlet of waste pipe and the flood level rim of the receptacle into which it is discharging.
(5) "Air gap" means, for a water distribution system, the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.
(6) "Anchors" means "supports" as defined by this administrative regulation.
(7) "ANSI" means the American National Standards Institute.
(8) "APML" means the Approved Parts or Materials List as established in 815 KAR 20:020, Section 4.
(9) "Apprentice" is defined by KRS 318.010(7).
(10) "Approved" means accepted or acceptable under an applicable specification stated, established, or cited in this code.
(11) "Area drain" means a receptacle designed to collect surface or storm water from an open area.
(12) "ASME" means the American Society of Mechanical Engineers.
(13) "Aspirator" means a fitting or device supplied with water or other fluid under positive pressure, which passes through an integral orifice or constriction causing a vacuum. Aspirators are often referred to as suction apparatus and are similar in operation to an ejector.
(14) "ASSE" means the American Society of Sanitary Engineers.
(15) "ASTM" means the American Society for Testing and Materials.
(16) "Autopsy table" means a fixture or table used for postmortem examination of a body.
(17) "Backflow" means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source. Back siphonage is one (1) type of backflow.
(18) "Backflow connection" means any arrangement whereby backflow could occur (see "cross connection" as defined by this administrative regulation).
(19) "Backflow preventer" means a device or means to prevent backflow.
(20) "Backflow preventer, reduced pressure zone type" means an assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere.
(21) "Back siphonage" means the flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel or other sources into a potable water supply pipe due to a negative pressure in a pipe.
(22) "Basement" means the lowest level of a dwelling unit, which is wholly or partly below the ground level in which the entrance and exit is made by use of a stairway or other mechanical means and with or without an entrance and exit at the basement floor level.
(23) "Basement floor drain" means a drain placed in the basement floor of a residence that does or does not receive sanitary waste water.
(24) "Battery of fixtures" means any group of two (2) or more similar adjacent fixtures that discharge into a common horizontal waste or soil branch.
(25) "Bedpan hopper" means "clinical sink" as defined by this administrative regulation.
(26) "Bedpan steamer or boiler" means a fixture used for scalding bedpans or urinals by direct application of steam of boiling water.
(27) "Bedpan unit" means a small workroom in the nursing area designed and equipped for emptying, cleaning, and sometimes for steaming bedpans, and for no other purpose.
(28) "Bedpan washer and sterilizer" means a fixture designed to wash bedpans and to flush the contents into the sanitary drainage system. It can also provide for disinfecting utensils by scalding with steam or hot water.
(29) "Bedpan washer hose" means a device supplied with hot and cold water and located adjacent to a water closet or clinical sink to be used for cleaning bedpans.
(30) "Boiler blow-off" means an outlet on a boiler to permit emptying or discharge of sediment.
(31) "Boiler blow-off tank" means a vessel designed to receive the discharge from a boiler blow-off outlet and to cool the discharge to a temperature that permits its safe discharge to the drainage system.
(32) "Branch" means that part of the piping system that extends horizontally, at a slight grade, with or without lateral or vertical extensions or vertical arms, from the main to receive fixture outlets not directly connected to the main.
(33) "Branch, fixture" means "fixture branch" as defined by this administrative regulation.
(34) "Branch interval" means a distance along a soil or waste stack corresponding in general to a story height, but in no case less than eight (8) feet, within which the horizontal branches from one (1) floor or story of a building are connected to the stack.
(35) "Branch vent" means a vent connecting one (1) or more individual vents with a vent stack or stack vent.
(36) "Building" means a structure having walls and a roof designed and used for the housing, shelter, enclosure, or support of persons, animals, or property.
(37) "Building classification" means the arrangement of buildings in classes according to occupancy.
(38) "Building drain" means that part of the lowest piping of a drainage system that receives the discharge from soil, waste, or other drainage pipes inside the walls of the building and conveys it to the building sewer beginning two (2) feet outside the building wall.
(39) "Building drain; combined" means a building drain that conveys both sewage and storm water or other drainage.
(40) "Building drain; sanitary" means a building drain that conveys sewage only.
(41) "Building drain; storm" means a building drain that conveys storm water or other drainage but not sewage.
(42) "Building gravity drainage system" means a drainage system that drains by gravity into the building sewer.
(43) "Building sewer" means that part of the drainage system that extends from the end of the building drain and conveys its discharge to a public sewer, private sewer, individual sewage-disposal system, or other point of disposal.
(44) "Building sewer; combined" means a building sewer that conveys both sewage and storm water or other drainage.
(45) "Building sewer; sanitary" means a building sewer that conveys sewage only.
(46) "Building sewer; storm" means a building sewer that conveys storm water or other drainage but no sewage.
(47) "Building subdrain" means that portion of a drainage system that does not drain by gravity into the building sewer.
(48) "Cesspool" means a lined and covered excavation in the ground that receives a discharge of domestic sewage or other organic wastes from a drainage system, so designed as to retain the organic matter and solids, but permitting the liquids to seep through the bottom and sides.
(49) "Circuit vent" means a branch vent that serves two (2) or more traps and extends from the downstream side of the highest fixture connection of a horizontal branch to the vent stack.
(50) "CISPI" means the Cast Iron Soil Pipe Institute.
(51) "Clinical sink" or "bedpan hopper" means a fixture for the rinsing of bedpans and soiled linens.
(52) "Code" is defined by KRS 318.010(11).
(53) "Combination fixture" means a fixture combining one (1) sink and laundry tray or a two (2) or three (3) compartment sink or laundry tray in one (1) unit.
(54) "Combination waste and vent system" means a specifically designed system of waste piping embodying the horizontal wet venting of one (1) or more sinks or floor drains by means of a common waste and vent pipe adequately sized to provide free movement of air above the free water surface in the drain.
(55) "Combined building drain" means "building drain; combined" as defined by this administrative regulation.
(56) "Combined building sewer" means "building sewer; combined" as defined by this administrative regulation.
(57) "Common vent" means a vent connecting at the junction of two (2) fixture drains and serving as a vent for both fixture drains.
(58) "Conductor" means a pipe inside the building that conveys storm water from the roof to a storm or combined building drain.
(59) "Continuous vent" means a vertical vent that is a continuation of the drain to which it connects.
(60) "Continuous waste" means a drain from two (2) or more fixtures connected to a single trap.
(61) "Cross connection" means any physical connection or arrangement between two (2) otherwise separate piping systems, one (1) of which contains potable water and the other either water of unknown or questionable safety or steam, gas, or chemical whereby there could be a flow from one (1) system to the other, the direction of flow depending on the pressure differential between the two (2) systems. (See "backflow" and "back siphonage" as defined by this administrative regulation.)
(62) "Critical level" or "CL" means the level to which the vacuum breaker could be submerged before backflow will occur, and if the CL marking is not shown on the vacuum breaker, the bottom of the device is taken as the CL.
(63) "Dead end" means a branch leading from a soil, waste or vent pipe, building drain, or building sewer, and terminating at a developed length of two (2) feet or more by means of a plug, cap, or other closed fitting.
(64) "Department" means the Department of Housing, Buildings and Construction.
(65) "Developed length" means the length of a pipe line measured along the center line of the pipe and fittings.
(66) "Developed travel distance" means the length of a pathway measured along the center line of the path.
(67) "Diameter" means the nominal diameter as designated commercially.
(68) "Division" means the Division of Plumbing.
(69) "Domestic sewage" means the waterborne wastes derived from ordinary living processes.
(70) "Double offset" means two (2) changes of direction installed in succession or series in a continuous pipe.
(71) "Downspout" means "leader" as defined by this administrative regulation.
(72) "Drain" means any pipe that carries waste water or waterborne wastes in a building drainage system.
(73) "Drainage pipe" means "drainage system" as defined by this administrative regulation.
(74) "Drainage system":
(a) Means all the piping, within public or private premises, which conveys sewage, rain water, or other liquid wastes to a point of disposal; and
(b) Does not mean:
-
The mains of a public sewer system;
-
A private or public sewage-treatment or disposal plant; or
-
Plumbing appliances.
(75) "Drainage system" means, for building gravity, a drainage system that drains by gravity into the building sewer.
(76) "Drainage system" means, for a subbuilding, "building subdrain" as defined by this administrative regulation.
(77) "Dry well" means "leaching well or pit" as defined by this administrative regulation.
(78) "Dual vent" means "common vent" as defined by this administrative regulation.
(79) "Durham system" means a soil or waste system in which all piping is of threaded pipe, tube, or other rigid construction, using recessed drainage fittings to correspond to the types of piping.
(80) "Dwelling unit" means one (1) or more rooms with provision for living, sanitary, and sleeping facilities arranged for the use of one (1) family or individual.
(81) "DWV" means drain, waste, and vent piping as used in common plumbing practice.
(82) "Effective opening" means the minimum cross-sectional area at the point of water supply discharge, measured or expressed in terms of diameter of a circle, or if the opening is not circular, the diameter of a circle of equivalent cross-sectional area.
(83) "Ejector" means "aspirator" as defined by this administrative regulation.
(84) "Existing work" means a plumbing system or any part thereof installed prior to the effective date of the applicable provision of this code.
(85) "Farm" as associated with "farmstead", as defined by KRS 318.010(8), means property with a bona fide "agricultural land" or "horticultural land" use as defined by KRS 132.010(9) and (10) and qualified by and registered with the PVA in that county.
(86) "Fire line" means a system of pipes and equipment used exclusively to supply water for extinguishing fires.
(87) "Fixture" means "plumbing fixture" as defined by this administrative regulation.
(88) "Fixture branch" means the piping distance between a soil, waste, and vent stack and the fixture trap.
(89) "Fixture drain" means the drain from the trap of a fixture to the junction of that drain with any other drain pipe.
(90) "Fixture supply" means the water supply pipe connecting a fixture to a branch water supply pipe or directly to a main water supply pipe.
(91) "Fixture unit, drainage" or "d.f.u." means a measure of the probable discharge into the drainage system by various types of plumbing fixtures. The drainage fixture-unit valve for a particular fixture depends on its volume rate of drainage discharge, on the time duration of a single drainage operation, and on the average time between successive operations. (Note: In general, on small systems, one (1) drainage fixture unit approximates one (1) cubic foot per minute.)
(92) "Fixture unit, supply" or "s.f.u." means a measure of the probable hydraulic demand on the water supply by various types of plumbing fixtures. The supply fixture-unit valve for a particular fixture depends on its volume rate of supply, on the time duration of a single supply operation, and on the average time between successive operations.
(93) "Flood level" means "flood level rim" as defined by this administrative regulation.
(94) "Flood level rim" means the edge of the receptacle from which water overflows.
(95) "Flooded" means the condition that results at the point the liquid in a container or receptacle rises to the flood-level rim.
(96) "Floor drain" means a drain placed in the floor of a building for the purpose of receiving sanitary waste water.
(97) "Floor pantry" means a workroom in the nursing area designed and equipped to prepare supplemental diets or beverages, and to assemble food trays at meal times if used in conjunction with decentralized food service.
(98) "Flow pressure" means the pressure in the water supply pipe near the faucet or water outlet while the faucet or water outlet is wide-open and flowing.
(99) "Flush valve" means a device located at the bottom of a tank for slushing water closets and similar fixtures.
(100) "Flushing type floor drain" means a drain that is equipped with an integral water supply enabling flushing of the drain receptor and trap.
(101) "Flushometer valve" means a device that discharges a predetermined quantity of water to fixtures for flushing purposes and is closed by direct water pressure.
(102) "Frost-proof closet" means a hopper with no water in the bowl and with the trap and water supply control valve located below frost line.
(103) "Grade" means the fall (slope) of a line of pipe in reference to a horizontal plane. In drainage it is usually expressed as the fall in a fraction of an inch per foot length of pipe.
(104) "Grade plane" means a reference plane representing the average of finished ground level adjoining the building at exterior walls. If the finished ground level slopes away from the exterior walls, the reference plane is established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet (1,829 mm) from the building, between the building and a point six (6) feet (1,829 mm) from the building.
(105) "Grease interceptor" means "interceptor" as defined by this administrative regulation.
(106) "Grease trap" means "interceptor" as defined by this administrative regulation.
(107) "Grillage" means sand, pea gravel, or limestone rock sizes #57 and smaller used for bedding for piping systems.
(108) "Hangers" means "supports" as defined by this administrative regulation.
(109) "Health care facility" means a hospital, nursing home, limited care facility, clinic, ambulatory care center, or office practice medical or dental office.
(110) "Horizontal branch drain" means a drain branch pipe extending laterally from a soil or waste stack or building drain, with or without vertical sections or branches, which receives the discharge from one (1) or more fixture drains and conducts it to the soil or waste stack or to the building drain.
(111) "Horizontal pipe" means any pipe or fitting that makes an angle of less than forty-five (45) degrees with the horizontal.
(112) "Hose bibb" means a sill cock, wall hydrant, or similar faucet with a downward angled threaded nozzle.
(113) "Hot water" means water at a temperature of not less than 120 degrees Fahrenheit.
(114) "House drain" means "building drain" as defined by this administrative regulation.
(115) "House sewer" means "building sewer" as defined by this administrative regulation.
(116) "Indirect waste pipe" means a waste pipe not directly connected with the drainage system, but that discharges into the drainage system through an air break or air gap into a trap, fixture, receptor, or interceptor.
(117) "Individual sewage disposal system" means a system for disposal of domestic sewage by means of a septic tank, cesspool, or mechanical treatment, designed for use apart from a public sewer to serve a single establishment or building.
(118) "Individual vent" means a pipe installed to vent a fixture drain. It connects with the vent system above the fixture served or terminates outside the building into the open air.
(119) "Individual water supply" means a supply, other than an approved public water supply which serves one (1) or more families.
(120) "Industrial floor drain" means a drain placed in the floor of a building other than in a toilet room or shower room to receive waste water.
(121) "Industrial wastes" means liquid wastes resulting from the processes employed in industrial and commercial establishments.
(122) "Insanitary" means contrary to sanitary principles and potentially injurious to health.
(123) "Interceptor" means a device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes while permitting normal sewage or liquid wastes to discharge into the drainage system by gravity.
(124) "Installed" means altered, changed, or a new installation.
(125) "Invert" means the lowest portion of the inside of any horizontal pipe.
(126) "Kitchen sink unit" means a sink, double or single compartment, food waste disposer, and dishwasher placed in a unit so arranged that the dishwasher abuts the sink.
(127) "Lavatory" means a hand basin, such as in a bathroom.
(128) "Leaching well or pit" means a pit or receptacle having porous walls that allow the contents to seep into the ground.
(129) "Lead" means solders and flux containing more than two tenths (0.2) percent lead and the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures containing more than a weighted average of one fourth (0.25) percent lead as calculated according to the formula established in 42 U.S.C. 300g-6(d)(2).
(130) "Leader" means an exterior drainage pipe for conveying storm water from roof or gutter drains.
(131) "Liquid waste" means the discharge from any fixture, appliance, area or appurtenance, which does not contain fecal matter.
(132) "Load factor" means the percentage of the total connected fixture unit flow that is likely to occur at any point in the drainage system.
(133) "Local vent stack" means a vertical pipe to which connections are made from the fixture side of traps and through which vapor and foul air can be removed from the fixture or device used on bedpan washers.
(134) "Local ventilating pipe" means a pipe through which foul air is removed from a room or fixture.
(135) "Loop vent" means a circuit vent that loops back to connect with a stack vent instead of a vent stack.
(136) "Main" means the horizontal, vertical, and continuous piping that receives the waste, soil, main, or individual vents from fixture outlets, or traps, directly or through branch pipes.
(137) "Main sewer" means "public sewer" as defined by this administrative regulation.
(138) "Main vent" means the principal artery of the venting system to which vent branches can be connected. (Manufacturer's Floor Drain. See "industrial floor drain" as defined by this administrative regulation.)
(139) "Medical gas system" means an assembly of equipment and piping for the distribution of nonflammable medical gases such as oxygen, nitrous oxide, compressed air, carbon dioxide, and helium.
(140) "Medical-surgical vacuum system" means an assembly of central vacuum-producing equipment and a network of piping for patient suction in medical, medical-surgical, and waste anesthetic gas disposal applications.
(141) "Mobile facility" means a vehicle licensed and registered with the Kentucky Department of Transportation that contains plumbing fixtures and is intended for temporary use with regard to the structure it serves.
(142) "Modular" means a structure or component that is wholly or substantially fabricated in an off-site manufacturing facility for installation at the building site.
(143) "Multiple dwelling" means a building containing more than two (2) dwelling units.
(144) "NFPA" means the National Fire Protection Association.
(145) "Nominal pipe size" means a standard expression in inches and fractions thereof to designate the approximate inside diameter of a pipe, conduit, or tube.
(146) "Nonpotable water" means water not safe for drinking, personal, or culinary use.
(147) "NSF" means the National Sanitation Foundation.
(148) "Nuisance" means dangerous to human life or detrimental to health, including:
(a) A building, structure, or premise not sufficiently ventilated, sewered, drained, cleaned, or lighted, in reference to its intended or actual use; and
(b) An agent that renders the air, human food or drink, or a water supply unwholesome.
(149) "Nurses' station" means an area in the nursing unit separated from the corridor by counter or desk, designed to permit nurses to:
(a) Record and file each patient's history and progress;
(b) Observe observation, and control a corridor;
(c) Prepare medicines and
(d) Maintain contact with patients, the hospital, and the outside by local and public means of communication.
(150) "Offset" means a combination of elbows or bends that bring one (1) section of the pipe out of line but into a line parallel with the other section.
(151) "Oil interceptor" means "interceptor" as defined by this administrative regulation.
(152) "Parts or materials" means all types of fittings and piping used in the soil, waste, and vent systems; house sewers; potable water supply; plumbing fixtures; appurtenances, and mechanical sewage systems in plumbing systems.
(153) "PE" means polyethylene.
(154) "Person" is defined by KRS 318.010(9).
(155) "PEX" means cross-linked polyethylene pipe.
(156) "PEX-AL-PEX" means polyethylene/aluminum/cross-linked polyethylene composite pressure pipe.
(157) "Pitch" means "grade" as defined by this administrative regulation.
(158) "Plumbing" is defined by KRS 318.010(4).
(159) "Plumbing appliance" means any one (1) of a special class of plumbing fixture that is intended to perform a special function. Its operation and control can be dependent upon one (1) or more energized components, such as motors, controls, heating elements, or pressure or temperature-sensing elements. Fixtures can operate automatically through one (1) or more of the following actions:
(a) A time cycle;
(b) A temperature range;
(c) A pressure range;
(d) A measured volume or weight; or
(e) Manual adjustment or control by the user or operator.
(160) "Plumbing appurtenance" means a manufactured device, or a prefabricated assembly of component parts, and is an adjunct to the basic piping system and plumbing fixtures. An appurtenance demands no additional water supply, nor does it add any discharge load to a fixture or the drainage system. It is presumed that it performs some useful function in the operation, maintenance, servicing, economy, or safety of the plumbing system.
(161) "Plumbing fixture":
(a) Means a receptacle or device that is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom, or it discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises, or that requires both a water supply connection and a discharge to the drainage system of the premises; and
(b) Does not mean piping that carries water or sewage.
(162) "Plumbing inspector" means a duly authorized employee or agent of the Department of Housing, Buildings and Construction who is charged with the responsibility of inspecting plumbing installations and with the enforcement of the Kentucky State Plumbing Code, KRS Chapter 318, and 815 KAR Chapter 20.
(163) "Plumbing repair" means, as used in the code, replacing a part or putting together a part or parts torn or broken.
(164) "Plumbing system" means appliances and water heaters; the water supply distributing pipes; the fixtures and fixture traps; the soil, waste, and vent pipes; the house drain and house sewer; and the storm water drainage within a building with their devices, appurtenances, and connections all within and adjacent to the building.
(165) "Pool" means "swimming pool" as defined by this administrative regulation.
(166) "Potable water" means water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming in its bacteriological and chemical quality to the requirements of the Division of Water in 401 KAR Chapter 8 and the Kentucky State Plumbing Code established in 815 KAR Chapter 20.
(167) "Private" or "private use" means, in the classification of plumbing fixtures, fixtures in residences, apartments, and private bathrooms of hotels, as well as similar installations in other buildings where the fixtures are intended for the use of a family or an individual.
(168) "Private sewer" means a sewer, serving two (2) or more buildings, privately owned, and not directly controlled by public authority.
(169) "Public" or "public use" means, in the classification of plumbing fixtures, fixtures in general toilet rooms of schools, gymnasiums, hotels, railroad stations, public buildings, bars, public comfort stations, and other installations (whether pay or free) where a number of fixtures are installed so that the fixtures use is similarly unrestricted.
(170) "Public sewer" means a common sewer directly controlled by public authority.
(171) "Public water main" means a water supply pipe for public use controlled by public authority.
(172) "PVC" means polyvinyl chloride.
(173) "Receptor" means a fixture or device that receives the discharge from indirect waste pipes.
(174) "Relief vent" means an auxiliary vent that permits additional circulation of air in or between drainage and vent systems.
(175) "Replace" means to put something new or rebuilt in the place of that which was existing.
(176) "Return offset" means a double offset installed so as to return the pipe to its original alignment.
(177) "Revent pipe" means "individual vent" as defined by this administrative regulation.
(178) "Rim" means an unobstructed open edge of a fixture.
(179) "Riser" means a water supply pipe that extends vertically one (1) full story or more to convey water to branches or to a group of fixtures.
(180) "Roof drain" means a drain installed to receive water collecting on the surface of a roof and to discharge it into a leader or a conductor.
(181) "Roughing-in" means the installation of all parts of the plumbing system that can be completed prior to the installation of fixtures. This includes drainage, water supply, vent piping, and the necessary fixture supports.
(182) "Safe waste" means "indirect waste pipe" as defined by this administrative regulation.
(183) "Sand interceptor" means "interceptor" as defined by this administrative regulation.
(184) "Sand trap" means "interceptor" as defined by this administrative regulation.
(185) "Sanitary sewer" means a sewer that carries sewage and excludes storm, surface, and ground water.
(186) "Scrub sink" means a device usually located in the operating suite to enable operating personnel to scrub their hands prior to operating procedures. The hot and cold water supply is activated by a knee-action mixing valve or by wrist or pedal control.
(187) "SDR" means standard dimensional ratio.
(188) "Seepage well or pit" means a covered pit with open-jointed lining into which septic tank effluent is received that will seep or leach into the surrounding porous soil.
(189) "Separator" means "interceptor" as defined by this administrative regulation.
(190) "Septic tank" means a watertight receptacle that receives the discharge of a building sanitary drainage system or part thereof, and is designed and constructed so as to digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through a system of open joint or perforated piping, or a seepage pit.
(191) "Sewage" means any liquid waste containing animal or vegetable matter in suspension or solution, including liquids containing chemicals in solution.
(192) "Sewage ejector" means a device for lifting sewage by entraining it in a high velocity jet of steam air or water.
(193) "Side vent" means a vent connecting to the drain pipe through a fitting at an angle not greater than forty-five (45) degrees to the vertical.
(194) "Size of pipe and tubing" means "diameter" as defined by this administrative regulation.
(195) "Slope" means "grade" as defined by this administrative regulation.
(196) "Soil pipe" means any pipe that conveys the discharge of water closets or similar fixtures, with or without the discharges from other fixtures, to the house drain.
(197) "Soil vent" means "stack vent" as defined by this administrative regulation.
(198) "Special wastes" means wastes that require special treatment before entry into the normal plumbing system.
(199) "Special waste pipe" means pipes that convey special wastes.
(200) "Stack" means any vertical line of soil, waste, or vent piping.
(201) "Stack group" means a group of fixtures located adjacent to the stack so that by means of proper fittings, vents can be reduced to a minimum.
(202) "Stack vent" means the extension of a soil or waste stack above the highest horizontal drain connected to the stack.
(203) "Stack venting" means a method of venting a fixture or fixtures through the soil or waste stack.
(204) "Sterilizer, boiling type" means a fixture (nonpressure type), used for boiling instruments, utensils, and other equipment (used for disinfection). Some devices are portable, while others are connected to the plumbing system.
(205) "Sterilizer, instrument" means a device for the sterilization of various instruments.
(206) "Sterilizer pressure (autoclave)" or "autoclave" means a fixture (pressure vessel) designed to use steam under pressure for sterilizing.
(207) "Sterilizer, pressure instrument washer-sterilizer" means a fixture (pressure vessel) designed to both wash and sterilize instruments during the operating cycle of the fixture.
(208) "Sterilizer, utensil" means a device for the sterilization of utensils as used in hospital services.
(209) "Sterilizer vent" means a separate pipe or stack, indirectly connected to the building drainage system at the lower terminal, which receives the vapors from nonpressure sterilizers, or the exhaust vapors from the pressure sterilizers, and conducts the vapors directly to the outer air. Sometimes a sterilizer vent is referred to as vapor, steam, atmospheric, or exhaust vent.
(210) "Sterilizer, water" means a device for sterilizing water and storing sterile water.
(211) "Still" means a device used in distilling liquids.
(212) "Storm drain" means building storm drain.
(213) "Storm sewer" means a sewer used for conveying rain water, surface water, condensate, cooling water, or similar liquid wastes.
(214) "Subsoil drain" means a drain that collects subsurface water and conveys it to a place of disposal.
(215) "Sump" means a tank or pit, which receives sewage or liquid waste, located below the normal grade of the gravity system and that is emptied by mechanical means.
(216) "Sump pump" means a mechanical device, other than an ejector or bucket, for removing sewage or liquid waste from a sump.
(217) "Supports" means devices for supporting and securing pipe, fixtures, or equipment.
(218) "Swimming pool" means any structure, basin, chamber, or tank containing any artificial body of water for swimming, diving, wading, or recreational bathing.
(219) "Temporary" means a period of time not to exceed thirty (30) days of intermittent or continual use within twelve (12) month period on the same premises.
(220) "Trap" means a fitting or device that provides a liquid seal to prevent the emission of sewer gases without materially affecting the flow of sewage or waste water through it.
(221) "Trap arm" means that portion of a fixture drain between a trap and its vent.
(222) "Trap primer" means a device or system of piping to maintain a water seal in a trap, typically installed where infrequent use of the trap would result in evaporation of the trap seal, such as floor drains.
(223) "Trap seal" means the vertical distance between the crown weir and the top of the dip of the trap.
(224) "Utility room" means a workroom in the patient nursing area, designed and equipped to facilitate preparation, cleaning, and incidental sterilizing of the various supplies, instruments, and utensils involved in nursing treatment and care, exclusive of medications handled in nurses' stations and bedpan cleaning and sterilizing.
(225) "Vacuum" means any pressure less than exerted by the atmosphere.
(226) "Vacuum breaker" means "backflow preventer" as defined by this administrative regulation.
(227) "Vacuum breaker, nonpressure type (atmospheric)" means a vacuum breaker that is not designed to be subjected to static line pressure.
(228) "Vacuum breaker, pressure type" means a vacuum breaker designed to operate under conditions of static line pressure.
(229) "Vent pipe" means any pipe provided to ventilate a house drainage system and to prevent tray siphonage and back pressure.
(230) "Vent system" means a pipe or pipes installed to provide a flow of air to or from a drainage system or to provide a circulation of air within the system to protect trap seals from siphonage and back pressure.
(231) "Vertical pipe" means any pipe or fitting that makes an angle of forty-five (45) degrees or less with the vertical.
(232) "Wall hung water closet" means a wall mounted water closet installed in such a way that no part of the water closet touches the floor.
(233) "Waste pipe and special waste" means any pipe that receives the discharge of any fixture (except water closets or similar fixtures) and discharges to the house drain, soil, or waste stacks. If a pipe does not connect directly with a house drain, waste, or soil stack, the pipe is considered to contain special waste.
(234) "Water closet" means a flush toilet.
(235) "Water distributing pipe" means a pipe within the building or on the premises that conveys water from the water-service pipe or meter to the point of usage.
(236) "Water heater" means "water heating device," as defined by KRS 318.200(1).
(237) "Water lifts" means "sewage ejector" as defined by this administrative regulation.
(238) "Water outlet" means a discharge opening through which water is supplied to a fixture, into the atmosphere (except into an open tank that is part of the water supply), to a boiler or heating system, or to any devices or equipment requiring water to operate but that are not part of the plumbing system.
(239) "Water riser pipe" means "riser" as defined by this administrative regulation.
(240) "Water service pipe" means the pipe from the water main or other source of potable water supply to the water distributing system of the building served.
(241) "Water supply stub" means a vertical pipe less than one (1) story in height supplying one (1) or more fixtures.
(242) "Water supply system" means the water service pipe, the water-distributing pipes, and the necessary connecting pipes, fittings, control valves, and all appurtenances in or adjacent to the building or premises.
(243) "Well, bored" means a well constructed by boring a hole in the ground with an auger and installing a casing.
(244) "Well, drilled" means a well constructed by making a hole in the ground with a drilling machine of any type and installing casing and screen.
(245) "Well, driven" means a well constructed by driving a pipe in the ground. The drive pipe is usually fitted with a well point and screen.
(246) "Well, dug" means a well constructed by excavating a large diameter shaft and installing a casing.
(247) "Wet vent" means a vent that receives the discharge of wastes other than from water closets.
(248) "Yoke vent" means a pipe connecting upward from a soil or waste stack to a vent stack for the purpose of preventing pressure changes in the stack.
History
- RELATES TO: KRS 132.010, Chapter 318, 42 U.S.C. 300g-6
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate an administrative regulation establishing the Kentucky State Plumbing Code to regulate plumbing. This administrative regulation establishes definitions for terms used in 815 KAR Chapter 20.
- History: 1 Ky.R. 476; eff. 3-12-1975; 2 Ky.R. 443; 3 Ky.R. 357; eff. 9-1-1976; Recodified from 401 KAR 1:010, 7-5-1978; Am. 9 Ky.R. 827; eff. 2-2-1983; 12 Ky.R. 1659; eff. 5-6-1986; 13 Ky.R. 779; eff. 11-11-1986; 950; eff. 12-2-1986; 14 Ky.R. 1116; eff. 1-4-1988; 16 Ky.R. 2758; 17 Ky.R. 1092; eff. 8-22-1990; 20 Ky.R. 3112; eff. 7-7-1994; TAm eff. 8-9-2007; 43 Ky.R. 615, 987; eff. 1-6-2017; 46 Ky.R. 1637, 2409; eff. 6-2-2020.
815 KAR 20:020 Parts or materials list {#sec-815-kar-20-020 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:020}
Section 1. Approved Parts or Materials List APML.
(1) A part or material manufactured or produced according to a specification listed in the code shall be considered approved if it meets the latest edition of the specification.
(2) Drainage or plumbing systems shall only use parts and materials that:
(a) Are currently authorized by the code; or
(b) Have been considered and approved by the department as being equal to or better than other similarly approved items for inclusion in the APML.
(3) The APML may specify methods of installation or restrictions applicable to a particular part or material.
Section 2. Amending the APML.
(1) A person may petition the division, in writing, to amend the APML. The request shall include:
(a) A description of the part or material for which approval is sought;
(b) Available technical data;
(c) A listing of other authorities that have approved the use of the part or material; and
(d) Any other pertinent information requested by the division.
(2)
(a) The division shall consider all parts or materials for which approval is sought and shall forward its recommendations within thirty (30) days to the department.
(b) Upon approval of a recommendation by the department, the APML shall be amended by listing the new part or material in Section 4 of this administrative regulation.
(c) Following the determination by the department, a person having an interest in the subject matter may request a hearing on the determination within thirty (30) days.
Section 3. Custody of the APML. The Director, Division of Plumbing, shall maintain an up-to-date APML and make it available for inspection during regular office hours. Copies of the APML may be obtained by mailing a self-addressed stamped envelope to the Division of Plumbing, Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601-5412.
Section 4. Content of APML. The following list of parts or materials have been reviewed and approved by the department and shall be allowed for installation in Kentucky:
(1) Flexible three-fourths (3/4) inch hot and cold water connectors for hot water heaters, minimum wall thickness, 0.032;
(2)
(a) Flushmate water closet tank;
(b) Microphor company. Two (2) quart flush toilets;
(c) Jomar 3 and 4 water conserver water closets to operate efficiently on three and one-half (3 1/2) gallons of water per flush;
(d) Superinse toilet that operates on one (1) gallon of water per flush as manufactured by Universal Rundle for the Thetford Wastewater Treatment Systems;
(e) IFO Sanitar AB Model-3160 and 3180 China Water Closet equipped with a Fluidmaster 4003A-F77 Ballcock;
(f) Cashsaver MX (quantum 150-1) Water Closet Combination and Flushmate II Flushometer/Tank as manufactured by Mansfield Plumbing Products; and
(g) Dual flush water closets by Caroma, USA. The water closets shall use zero and eight-tenths (0.8) gallons for the short flush cycle and one and six-tenths (1.6) gallons for the full flush cycle;
(3) Tubular traps with gasket in trap seal;
(4)
(a) PE sump pump basin. PE sump pump basin shall be constructed of PE material and shall be provided with a sump cover;
(b) Liberty Pump Model 402, Laundry Tray Pump for pipe size one and one-half (1 1/2) inch for light commercial and household usage;
(c) Zoeller Drain pump and HiLo Industries Power Drain for pipe sizes one and one-half (1 1/2) inch and two (2) inch for light commercial and household usage;
(d) Little Giant Pump Company, Drainosaur Water Removal System, Model #WRS-6. This approval shall be limited to two (2) drainage fixture units because it has a one and one-half (1 1/2) inch drain;
(e) Add A Drain (Waste Discharge System) as manufactured by Lunsford and Associates;
(f) Sta-Rite Pump Corporation, laundry tray system approved for residential and light commercial use; and
(g) Electric Drain System as manufactured by Myers for light commercial and household usage;
(5)
(a) No-caulk roof flashing. No-caulk roof flashing shall be eighteen (18) inch by eighteen (18) inch galvanized iron base with a neoprene boot forming a water tight seal with the stack that it serves;
(b) PE roof flashing. PE roof flashing shall have a base that shall extend six (6) inches in all directions from the base of a stack and shall have a boot with a preformed thermoplastic rubber gasket;
(c) Dektite pipe flashing system to be used on metal building decks for plumbing vent stacks as manufactured by Buildex Corporation;
(d) Oatey eighteen (18) inch by eighteen (18) inch no caulk thermoplastic flashing, one (1) piece construction, positive double seal in three (3) inch only;
(e) Carlisle syntec systems. Vent flashings for sureseal and Brite-Ply roofing systems as required by Carlisle Corporation;
(f) Trocal roofing systems. Vent flashings for Trocal roofing systems as required by Dynamit Nobel of American, Inc;
(g) Masterflash Pipe Flashing system for plumbing vent stacks as manufactured by Aztec Washer Company; and
(h) Hi-Tuff Roofing Systems pipe flashing system for plumbing vent stacks as required by J.P. Stevens and Company, Inc;
(6)
(a) Kitchen sink faucet. Kitchen sink faucets may have corrugated supply piping if the piping has a wall thickness equal to Type M copper pipe;
(b) Sink and lavatory faucets and pop-up lavatory assembly parts manufactured by CPVC plastic as manufactured by Nibco Co.; and
(c) Series 1000 Automatic Faucets as Manufactured by Hydrotek USA, Inc;
(7) Lab-Line Enfield L-E acid waste systems, one and one-half (1 1/2) through four (4) inch inside measurement for above and below ground installation on acid waste. Underground shall be laid on six (6) inches of sand grillage and shall be:
(a) Backfilled by hand and tamped six (6) inches around piping; and
(b) Surrounded by six (6) inches of sand grillage;
(8) Floor drains, shower drains, urinal drains, and clean-outs manufactured by Plastic Oddities, Inc;
(9) Tubular plastic components conforming to ASTM F409-75, bathtub waste and overflow, traps, continuous sink wastes, and extension tubes as manufactured by J & B Products Corporation;
(10)
(a) Water heaters. Heat pump water heaters as manufactured by:
-
Dec International, Inc., Therma-Stor Products Group; or
-
Steibel Eltron Accelera 300. If the water heater is shipped with a 100 PSI Pressure and Temperature Relief Valve, it shall be replaced with a 150 PSI Pressure and Temperature Relief Valve; and
(b) Water heaters, point of use or instantaneous.
-
In-Sink-Erator's Ultra System. For instant hot water to serve individual fixtures, Model #777W, W, WH, WA and WHA, W-152 and W-154;
-
Eemax Electric Tankless water heaters.
a. Nonpressure type without the requirement of a temperature and pressure relief valve; or
b. The pressure type with the requirements that the temperature and pressure relief valve be of a one-half (1/2) inch short shank valve and be installed with the product;
-
Vitaclimate Control Systems, Inc. - Heatrae Instantaneous Water Heaters Models 7000 and 9000, pressure type, point of use water heater, which shall be equipped with an approved temperature and pressure relief valve installed so that the thermo couple of the relief valve extends into the heat chamber discharge;
-
Paloma Automatic Instantaneous Gas Water Heaters Numbers PH-6DN, PH-6DP, PH-12A-DN, PH-12A-DP, PH-12M-DN, PH-12M-DP, PH-16A-DN, PH-16A-DP, PH-16M-DN, PH-16M-DP, PH-24A-DN, PH-24A-DP, PH-24M-DN, and PH-24M-DP;
-
Rinnai Gas Fired Instantaneous Water Heaters Model Numbers REU-95GS-2R, REU-95GS-3R, REU-90, REU-130, REU-V2520 FFU-US, REU-V2520 FFUC-US, REU-V2020W-US, REU-V2020WC-US, and REU-V1616W-US pressure type, which shall be equipped with an approved pressure relief valve;
-
Elkay Aqua-Temp tankless water heaters - nonpressure type without the requirement of a temperature and pressure relief valve;
-
International Technology Sales Corporation AEG Telefunken MDT instantaneous water heater, which shall be equipped with an approved pressure relief valve;
-
International Technology Sales Corporation Zanker Faucet Model W05U without a temperature and pressure relief valve;
-
Amtrol hot water maker model numbers WH7P, WH7 and WH7C with a minimum three- fourths (3/4) inch inlet and outlet;
-
Chronomite Laboratories, Inc. - instantaneous water heater, which shall be equipped with an approved pressure relief valve;
-
Chronomite Instant-Flow Tankless Water Heater without a temperature and pressure relief valve;
-
Nova Hot Water Generator Models: VES5/10, VES6/12, VES7/14, VES8/16, VES9/18, and VES11/22 as manufactured by Hot Water Generators, Inc;
-
Aqua Star tankless gas water heaters, model numbers 125 VP and 80 VP, which shall be equipped with an approved pressure relief valve;
-
Ariston electric water heaters, model numbers P-15S and P-10S, which shall be equipped with an approved pressure relief valve;
-
Vaillant Corporation gas fired point of use water heater;
-
Trinom Hot Man Tankless Water Heater as manufactured by Siemens;
-
Field Controls Company Power Venter - Models PVAE and SWG for use in conjunction with gas and oil fired water heaters;
-
Acutemp Instantaneous Water Heater as manufactured by Keltech, Inc., Model #100/208, #100/240, #150/208, #150/240, #180/208, #180/240, #153/208, #153/240, #183/208, #183/240, #183/480, and #C183/480;
-
Hot Aqua Instantaneous Tankless Electric Water Heaters, Model Numbers, 18/125PC, 24/125PC, 24/120, 32/120, 24/240, 36/240, 48/240, 59/240, 70/240, 24/208, 35/208, 46/208, 60/208, 28/277, 42/277, 55/277, 69/277, 24/120-P, 59/240-P, 46/208-P, 55/277-P, 18/125PC, and 24/125PC. This product shall not be approved for supplying hot water for showers;
-
Stiebel Eltron Tankless Water Heater.
a. Models DHC 3, DHC 6, and DHC 8 approved for use with lavatories and sinks;
b. Models Tempra/DHC-E 8/10 and DHC-E 12;
c. Models Mini 2, Mini 3, Mini 4, and Mini 6 Point of Use tankless electric water heaters; and
d. Models 12/2 Plus, 15/15 Plus, 20/20 Plus, 24/24 Plus, 29 Plus, and 36 Plus;
-
Bosch Aqua Star tankless water heater. Models 125X, 125B, 125S, 125BS, 125FX, and 38B. All models shall be installed with pressure relief valves;
-
Controlled Energy Corporations "Powerstream" tankless water heater;
-
Ariston mini tank electric water heaters in 2.5, 4, and 6 gallon models;
-
Powerstar PS19T and PS28T Electric Instantaneous Water Heater, as manufactured by Controlled Energy Corporation, to be installed with pressure relief valves;
-
Aquastar AQ240 FX (LP, NG) gas fired instantaneous water heater, as manufactured by Controlled Energy Corporation, to be installed with pressure relief valve;
-
S.E.T.S. Tankless Water Heater Models: #220, #180, #165, and #145 to be installed with temperature and pressure relief valve;
-
Rinnai Continuous Flow Water Heaters: Models 2532FFU(-C), 2532W(-C), 2532FFU, and 2424W(-C) all requiring an approved pressure relief valve;
-
Noritz American Corporation Tankless, Instantaneous Water Heater Models: N-042, N-063 to be installed with pressure relief valve;
-
Takagi Industrial Company USA, Inc., Instantaneous Water Heaters, Models: T-KLS, T-K JR, T-K2, and T-KD20 to be installed with pressure relief valve;
-
Envirotech Systems ESI 2000 Series Tankless Water Heaters, all requiring an approved pressure relief valve;
-
Quietside Instantaneous Water Heater Models: QVW8 - 100, 120, 175. All models shall be equipped with an approved temperature and pressure relief valve and temperature preset at 120 degrees;
-
Seisco Tankless Water Heaters Model:
a. Point-of-Use Single Chamber Models: POU24, POU30, POU35, POU40, POU45, POU55, POU60, POU70, POU73, POU78, POU80, POU90, POU140, SC90, and SC140. These models shall not require the installation of a temperature and pressure relief valve;
b. Residential Single Phase Models: RA14, RA16, RA18, RA22, RA24, RA28, and RA32. These models shall not require the installation of a temperature and pressure relief valve;
c. Commercial Single Phase Models: CA14, CA16, CA18, CA22, CA24, CA28, and CA32. These models shall not require the installation of a temperature and pressure relief valve;
d. Commercial Three (3) Phase Models: CA9-3, CA10-3, CA12-3, and CA14-3. These models shall not require the installation of a temperature and pressure relief valve; and
e. Electric Mini-Tank Models: SMT2.5, SMT4, and SMT6. These models require the installation of a temperature and pressure relief valve supplied by the manufacturer;
(11) Compression joints. Fail-safe hot and cold water systems;
(12) Orion fittings for acid waste piping systems for above and below ground;
(13) R & G Slone Manufacturing Company. Fuseal mechanical joint for the connection of polypropylene and waste piping;
(14) Johns Manville Flex I drain roof drain system;
(15) Hydrocide liquid membrane (HLM) to be used as a shower pan material conforming to ASTM C836-76. The density of the material shall be at least one-sixteenth (1/16) inch thick;
(16) Scotch-Clad brand waterproofing system as manufactured by the 3M Company for thin-set installation of ceramic and quarry tile in shower stalls, bathrooms, and janitorial closets limited to those applications on concrete floors and using metallic soil and waste piping;
(17) Elkay Aqua-chill water dispensers;
(18) Flexible connectors for hot and cold potable water supply in plumbing fixture connections as manufactured by Aqua-Flo Corporation limited to thirty (30) inch length except dishwashers, which shall be forty-eight (48) inches maximum;
(19)
(a) Delta Faucet Company's quick-connect fitting known as "grabber" to be used with hot and cold potable water installations above ground only;
(b) REMCO Angle Stop Quick connect valve for use with hot and cold potable water installations above ground only; and
(c) Red White Valve Corporation. Reduced port polypropylene ball valves designed for installation on fusion welded polypropylene piping systems compliant with NSF standards 61 and 14 and ASTM F2389;
(20) Interceptors:
(a) Town and Country plastic interceptors to be used as a grease trap;
(b) Grease recovery unit (GRU) as manufactured by Lowe Engineering, Lincoln Park, NJ;
(c) Scienco, Inc., models SI-101-20G, SI-104-35G, SI-102-50G, and SI-103-100G with PVC solvent connections;
(d) Rockford separators for grease, oil, hair and solids in various styles and sizes and being more specifically model series G, G LO, G M, G LOM, GF, GFE, GAS, GPS, GSS, OS, RHS, GSC, RMS, RSD, SD, SDE, GTD, and RTD that are used for their intended purpose and installed in accordance to the manufacturer's specification and the plumbing code;
(e) Grease interceptors as manufactured by Enpoco, Inc. of St. Charles, IL;
(f) Grease Traps U.S.A.: Polypropylene grease trap, model number GT-25, as certified by the Plumbing and Drain Institute;
(g) Schier Grease Interceptors Trapper II Series meeting ASME 112.14.3 Model numbers 1820, 2025, 2635, and 3050;
(h) Schier Grease Interceptors Great Basin Series meeting ASME 112.14.3 Model numbers GB-75 and GB-250 approved only with the installation of two-directional, accessible cleanouts on the inlet and the outlet. The discharge of garbage disposals shall not be permitted; and
(i) Thermaco Inc. models TZ600 (150 GPM), TZ 400 (75 GPM), and the TZ 160 (35 GPM). These interceptors shall be installed with a full size vent (three (3) or four (4) inches as applicable per manufacturer's instructions to the model being installed), located on the outlet side of the interceptor and returned to the vent stack or located so that it terminates a minimum of twelve (12) inches above the ground;
(21) Plastic Oddities Srv (sewer relief vent) clean-out;
(22) Contech A-2000 - a PVC corrugated pipe with smooth interior meeting or exceeding all the material and service test requirements of ASTM D-3034-06 except dimensions at the time of manufacture;
(23) Nonchemical water treatment to control lime scale and corrosion buildup superior water conditioners as manufactured by Kemtune, Inc;
(24) Eljer plumbing ware - Elgers ultra one/G water closet;
(25)
(a) "Power Flush" and "Quik Jon" as manufactured by Zoeller Company, which shall have a three (3) inch vent and alternate additional waste openings shall be located in the pump chamber above the top of the base chamber; and
(b) Hydromantic JB-1 System as manufactured by Hydromantic Pumps, Inc.;
(26) Exemplar Energy garden solar water heater;
(27) ProSet systems for pipe penetrations in fire rated structures. System A for copper and steel pipe. System C using solvent weld joints only. Proset E-Z flex coupling shall be approved for similar or dissimilar materials;
(28)
(a) ABS and PVC backwater valves, Models 3281, 3282, 3283, and 3284 for solvent cement joints only as manufactured by Canplas Industries;
(b) Flood-Gate Automatic Backwater Valve as manufactured by Bibby-Ste-Croix; and
(c) Fullport Backwater Valve as manufactured by Mainline Backflow Products, Inc.;
(29) Clamp-All Corporation Pipe Coupling Systems shall be approved size for size on dissimilar materials on new or existing installations. The use of Snap-All Increaser/Reducer transition bushings shall be included in this approval;
(30) Mission Rubber Company "Band-Seal Specialty Coupling" shall be approved as a transition between any combination of the following materials: cast iron, copper, galvanized steel, schedule 40 PVC and ABS, and SDR 35;
(31)
(a) Laticrete 9235 Waterproof Membrane to be used as a safing material for floors and walls in showers, bathtubs, and floor drain pans;
(b) Ultra-Set as manufactured by Bostik Construction Products to be used as a water proofing material;
(32) DFW Elastomeric PVC coupling manufactured by DFW Plastics, Inc. for use on building sewers;
(33)
(a) Fernco Lowflex Shielded Couplings, approved for connecting extra heavy, no-hub, and service weight cast iron pipe, DWV PVC and ABS pipe, SDR 35 sewer pipe, galvanized steel pipe, and copper pipe or as a transition between any of these materials in soil waste and vent systems above or below grade; and
(b) Fernco Proflex Shielded Couplings: Series 3000 for service weight cast iron to plastic, steel, or extra cast iron in sizes one and one-half (1 1/2) inch to four (4) inch, Series 3001 for cast iron, plastic, or steel to copper in sizes one and one-half (1 1/2) inch to two (2) inch; and Series 3003 for copper to copper in one and one-half (1 1/2) inch;
(34) TBA drain, waste and vent pipe, schedule 40 PVC piping marked "meets dimensional specifications of ASTM D-2665". This pipe shall have been tested for the tensile strength, durability, of ASTM D-2665 except that it is made from recycled, unused plastics rather than virgin materials;
(35) Blucher-Josam stainless steel pipe, fittings, and drains for disposal of corrosive wastes;
(36) Paul Panella Industries Hostalen GUR UHMW Polymer Cleanout approved for use on sewers of Schedule 40 PVC, ABS, and SDR in four (4) inch and six (6) inch sizes;
(37) Advanced Drainage Systems, Inc., Series 35 polyethylene corrugated sewer pipe with a smooth interior for underground storm water drainage within a building;
(38) "Flowguard Gold" one (1) step CPVC cement for joining copper tube size CPVC piping systems through two (2) inches without the requirement of a cleaner or primer;
(39) E-Z Trap Adapter as manufactured by S & S Enterprises to be used as connection between chrome plated P trap and PVC waste line;
(40)
(a) Canplas Industries LTD Specialty DWV Fittings: Part #3628 ABS or PVC forty-five (45) degree Discharge Closet Flange, Part #2321 Appliance (dishwasher) Wye, and Part #3650A Closet Flange Kit for Concrete Installations; and
(b) Flo-Bowl Waxless Leakless Toilet System as manufactured by Flo-Bowl Systems Inc.;
(41)
(a) Conbraco 78-RV Series In-Line Water Heater Shut-Off Thermal Expansion Control Valve preset at 125 psi to relieve thermal expansion; and
(b) Watts Regulator BRV Expansion Relief Valve to relieve thermal expansion;
(42) Plastic Productions PVC "Quick Stub" approved as a solvent weld transition between tubular PVC and schedule 40 PVC;
(43) HubSett In Line Test Coupling: PVC and ABS test couplings produced by HubSett Manufacturing Inc. for testing soil waste and vent systems;
(44) Viega/Ridgid ProPress System: Copper press fittings for joining copper water tubing and using an elastomeric o-ring that forms the joint.
(a) The fitting shall be made by pressing the socket joint under pressure in accordance with the manufacturer's installation requirements; and
(b) This system shall be approved for pipe sizes one-half (1/2) inch through four (4) inch for above slab installations only;
(45) TRIC Trenchless Systems for replacement sewers in four (4) inch and six (6) inch sizes.
(a) A video recording of the existing sewer shall be made to determine proper alignment and reviewed by the plumbing inspector;
(b) After the installation is complete, another video recording shall be reviewed by the plumbing inspector to ensure that the installation was successful;
(c) The sewer shall be tested according to 815 KAR 20:150; and
(d) The interior heat fusion bead shall be removed to provide a smooth surface with no obstruction;
(46) Envirovac Inc.: Evac Vacuum Systems Condensate Collection System approved for condensate collection and the discharge from lavatories only;
(47) Macerating Systems from Sanitary-for-All, consisting of a sump with a macerating pump, with or without a macerating toilet. The sump shall be air tight and provided with a minimum one and one-fourth (1 1/4) inch vent. These systems shall be installed in accordance with the manufacturer's recommendations and shall not be used as a primary means of waste disposal;
(48) Rhino Wet Waste Interceptor manufactured by Ecosystems Inc. to be used as a prefiltration of wet wastes before discharging to a grease trap or interceptor;
(49) Quick Snap Multi Level Flange as manufactured by Jett Plumbing Products, Inc;
(50) Sioux Chief Manufacturers Stainless Steel Swivel Ring Closet Flange;
(51) Service Weight and No-Hub Cast Iron Pipe and Fittings furnished by DWV Casting Company complying with ASTM A74 and A888 and CIPI 301-00;
(52) American Pipe Lining, Inc. APL 2000, which is an epoxy lining used in restoring water distribution systems. The use of APL 2000 shall comply with paragraphs (a) through (d) of this subsection.
(a) A plumbing construction permit shall be required.
(b) Installation shall be by a licensed plumber.
(c) Water quality shall be tested before and after each project.
(d) A water distribution system treated with APL 2000 shall be clearly marked on all exposed piping and the water heater with the following notice: "FLAMELESS TECHNIQUES MUST BE USED FOR ALL REPAIRS AND MODIFICATIONS TO THIS PIPING SYSTEM";
(53) Base Products Corporation.
(a) Water powered pump: basepump. Each model shall:
-
Be installed with a reduced pressure principle backflow preventer with copper piping only;
-
Be approved for groundwater removal only; and
-
Require incoming water pressure of 50 psi to operate; and
(b) Battery back-up pump: hydropump;
(54) Perma-Liner Industries, Inc, Lateral Lining System.
(a) This system shall be approved for pipe sizes three (3) inches through eight (8) inches for interior and exterior installations.
(b) Interior applications shall be video recorded before and after installation and shall have a water or air test as required by 815 KAR 20:150, Section 4(2) or (3).
(c) Exterior applications shall be video recorded before and after and shall have a smoke test to comply with 815 KAR 20:150, Section 4(6).
(d) A permit shall be obtained prior to an exterior or interior application;
(55) Stainless steel piping system for potable water applications manufactured by Victaulic for above ground applications only;
(56) Wallgate Classic Model CME recessed and molded handwasher/dryer;
(57) MaxLiner.
(a) This system shall be approved for pipe sizes three (3) inch through ten (10) inch for interior and exterior installations.
(b) Interior applications shall be video recorded before and after installation and shall have a water or air test as required in 815 KAR 20:150, Section 4(2) or (3).
(c) Exterior applications shall be video recorded before and after installation and shall have a smoke test to comply with 815 KAR 20:150, Section 4(6).
(d) Permits shall be required for both interior and exterior applications;
(58) Nuflow Technologies Inc., Nuflow System.
(a) This system shall be approved for pipe sizes one and one-half (1 1/2) inch through twelve (12) inch for interior and exterior installations.
(b) Interior applications shall be video recorded before and after installation and shall have a water or air test as required in 815 KAR 20:150, Section 4(2) or (3).
(c) Exterior applications shall be video recorded before and after installation and shall have a smoke test to comply with 815 KAR 20:150, Section 4(6).
(d) Permits shall be required for both interior and exterior applications;
(59) Schluter Shower System for waterproofing tiled shower installations installed per manufacturer recommendations;
(60) WATCO Manufacturing Watco Flex and Watco Flex 900 Innovator tub waste and overflow;
(61) J.R. Smith MFG. CO. THE BOSS TEE Series 4505 cleanout tee;
(62) Pipe Patch NO-Dig Repair System by Source One Environmental.
(a) The repair shall require a plumbing installation permit issued by the department; and
(b) After the repair has been completed, the building sewer shall be inspected, tested with either a water or a smoke test, and approved by the department;
(63) PHIX Cartridge Systems. The PHIX cartridge system shall be approved for use as a point-source or in-line acid neutralization system;
(64) SharkBite Evopex polymer fittings meeting ASSE Standard 1061. The use of SharkBite Evopex polymer fittings shall be approved for underground burial except the fitting shall not be buried:
(a) Under or encased in concrete, or
(b) Underground beneath a building; and
(65) SharkBite Universal DZR brass fittings or SharkBite EvoPEX DZR brass transition fittings meeting ASSE Standard 1061. The use of these fittings shall be approved for underground burial if the fitting is:
(a) Wrapped with self-fusing, formaldehyde-free and chloride-free, fully cured silicone tape with a minimum thickness of 0.020 inches;
(b) Not buried under or encased in concrete; and
(c) Not buried underground beneath a building.
History
- RELATES TO: KRS 318.010, 318.015, 318.130, 318.150, 318.200
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate an administrative regulation establishing the Kentucky State Plumbing Code regulating plumbing, including the methods and materials that may be used in Kentucky. This administrative regulation establishes an Approved Parts or Materials List containing the parts and materials that have been approved for use in Kentucky.
- History: 3 Ky.R. 337; 488; eff. 12-1-1976; Recodified from 401 KAR 1:011, 7-5-1978; 14 Ky.R. 1123; eff. 1-4-1988; 15 Ky.R. 1580; 1799; eff. 2-3-1989; 2446; eff. 7-26-1989; 16 Ky.R. 901; eff. 1-12-1990; 2274; eff. 6-7-1990; 17 Ky.R. 472; eff. 10-14-1990; 2266; eff. 3-13-1991; 3278; eff. 7-519-91; 18 Ky.R. 1228; 1884; eff. 12-8-1991; 2717; eff. 4-3-1992; 19 Ky.R. 295; 730; eff. 9-10-1992; 997; 1383; eff. 12-8-1992; 2503; eff. 7-12-1993; 20 Ky.R. 650; eff. 11-8-1993; 2159; eff. 3-14-1994; 21 Ky.R. 575; eff. 10-10-1994; 22 Ky.R. 796; eff. 12-7-1995; 1383; eff. 3-7-1996; 2119; eff. 7-5-1996; 23 Ky.R. 1754; 2501; eff. 12-11-1996; 3972; eff. 6-25-1997; 24 Ky.R. 957; eff. 12-15-1997; 2460; eff. 12-15-1997; 25 Ky.R. 2959; 26 Ky.R. 386; eff. 8-16-1999; 1046; eff. 1-11-2000; 27 Ky.R. 228; eff. 9-11-2000; 1348; eff. 1-15-2001; 3163; 28 Ky.R. 87; eff. 7-16-2001; 937; eff. 12-19-2001; 2271; eff. 7-15-2002; 29 Ky.R. 2988; eff. 8-13-2003; 30 Ky.R. 1601; eff. 2-16-2004; 2390; 31 Ky.R. 85; eff. 8-6-2004; 32 Ky.R. 365; 657. eff. 11-4-2005; 32 Ky.R. 2357; 33 Ky.R. 400; eff. 9-1-2006; 400; 3258; eff. 7-6-2007; 34 Ky.R. 1232; 1744; eff. 2-1-2008; 35 Ky.R. 2582; 36 Ky.R. 80; 7-29-2009; 37 Ky.R. 186; 732; eff. 10-1-2010; 39 Ky.R. 151; 485; eff. 10-5-2012; 39 Ky.R. 2203; eff. 8-2-2013; 43 Ky.R. 455, 685; eff. 11-16-2016; 46 Ky.R. 1643, 2414; eff. 6-2-2020.
815 KAR 20:030 Plumbing licenses {#sec-815-kar-20-030 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:030}
Section 1. Examinations.
(1) Examination applications.
(a) All examination applicants for any plumber's license shall submit to the department:
-
A completed Plumbing Examination Registration Form, Form PLB-3;
-
The appropriate non-refundable examination fee:
a. For a master plumber, $150; or
b. For a journeyman plumber, fifty (50) dollars; and
- A passport-sized color photograph of the applicant taken within the past six (6) months.
(b) If an applicant fails to successfully complete the appropriate examination within one (1) year from the date of the first notice of examination, the application shall be void.
(2) Examination design.
(a) The State Plumbing Examining Committee shall design the examination requirements.
(b) All examinations shall include:
-
Written questions pertaining to basic principles of plumbing, KRS Chapter 318, 815 KAR Chapter 2, and 815 KAR Chapter 20; and
-
Inserting the proper pipe size on a prepared drawing that indicates all stacks, wastes, and vents and the connected plumbing fixtures.
a. The proper sizing of main stacks shall be given more importance than other piping.
b. Deductions shall be required for oversized piping and for undersized piping.
- The journeyman plumber's license examination shall include a practical section in which the applicant shall demonstrate the ability to properly install plumbing by engaging in certain activities, such as making proper connections of various plumbing materials.
a. An applicant for a journeyman plumber's license examination shall furnish the plumbing materials required for the practical examination.
b. The department shall notify the applicant at least one (1) week prior to the date of examination as to what plumbing materials are needed.
- The examination requirements shall be more complex for the master plumber's license examination than the journeyman plumber's license examination.
(3) Examination schedule.
(a) Regular examination of applicants for a master plumber's license or a journeyman plumber's license shall be conducted yearly during the months of February, May, August, and November.
(b) A special examination may be conducted during other times of a year as the department directs.
(c) Notice of the time and place of examination shall be given by the department at least one (1) week prior to the date of examination to each person who has a registration form on file, approved in accordance with subsection (1) of this section.
(4) Examination retakes. Within one (1) year from the date of the applicant's first notice of examination:
(a) An applicant who fails to attend or successfully complete an examination for which he has been scheduled may request to reschedule or retake the examination. Except for the examination fee, an applicant shall not resubmit the requirements in subsection 1 of this section.
(b) An applicant for a journeyman plumber's license who passes the written portion, the drawing portion, or the practical portion of the examination, but not all portions, may apply to retake only the portion failed.
(c) An applicant for a journeyman plumber's license who failed to achieve a passing score on the retaken portion of the examination may apply to retake the failed portion of the examination.
(d) An applicant shall pay the full examination fee for a retake of any portion of the examination.
(5) A passing score on an examination shall be valid for three (3) years.
Section 2. Master Plumber License Application. To qualify for licensure as a master plumber, an applicant shall:
(1)
(a) Have held a valid journeyman plumber's license for a minimum of two (2) years within the past five (5) years immediately preceding application and be actively employed in plumbing under the supervision of a licensed master plumber for a minimum of two (2) years;
(b) Hold an engineer license in Kentucky and be sufficiently experienced in mechanical engineering, as determined by the department based upon the number and complexity of the applicant's past mechanical engineer projects;
(c) Hold a valid plumbing license issued by another state for a minimum of two (2) years within the past five (5) years immediately preceding application; or
(d) Have been engaged in the practice of plumbing in another state that does not issue a plumbing license, in a capacity equivalent to a master plumber, for a minimum of four (4) consecutive years immediately preceding application.
(2) Master plumber license application.
(a) An applicant for a master plumber license shall submit to the department:
-
A completed Application for License as a Master Plumber, Form PLB-1;
-
Proof of successfully completing the Kentucky master plumber examination with a passing score of a minimum of eighty (80) percent obtained for each portion of the examination; and
-
A license fee of $250.
(b) A master plumbing license applicant applying with experience under subsection (1)(c) or (d) of this section shall submit proof of successfully completing the journeyman plumber examination pursuant to Section 3(2)(b) of this administrative regulation.
(3) The initial license fee for a master plumber may be prorated for not less than seven (7) months or more than eighteen (18) months and shall expire on the final day of the applicant's birth month.
Section 3. Journeyman Plumber License Application. To qualify for licensure as a journeyman plumber, an applicant shall:
(1)
(a) Have At least two (2) consecutive years of experience as an apprentice plumber; or
(b) Complete a department approved course that includes content on the practice of plumbing or the Kentucky State Plumbing Code and at least one (1) year of experience as an apprentice plumber.
(2) Journeyman plumber license application. An applicant for a journeyman plumber license shall submit to the department:
(a) A completed Application for License as a Journeyman Plumber, Form PLB-2;
(b) Proof of successfully completing the Kentucky journeyman plumber examination with a passing score of a minimum of seventy-five (75) percent obtained for each portion of the examination; and
(c) A license fee of sixty (60) dollars.
(3) The initial license fee for a journeyman plumber may be prorated for not less than seven (7) months or more than eighteen (18) months and shall expire on the final day of the applicant's birth month.
Section 4. License Renewals.
(1) Filing for renewal. A master plumber and a journeyman plumber shall submit to the department:
(a) The applicable renewal fee made payable to the Kentucky State Treasurer of:
-
$250 for a master plumber; or
-
Sixty (60) dollars for a journeyman plumber;
(b) Proof of completing the continuing education requirements established in 815 KAR 2:010;
(c) Proof of insurance as required by KRS 318.030 for a master plumber; and
(d) A completed Form DHBC L-1, Licensing Renewal Application.
(2) Inactive status.
(a) To place a plumbing license in inactive status:
-
A master plumber shall pay an initial inactive fee of $125.
-
A journeyman plumber shall pay an initial inactive fee of thirty (30) dollars.
(b)
-
An inactive master plumber shall not secure a plumbing permit, advertise, represent himself as a qualified master plumber, or otherwise engage in the work of a master plumber.
-
An inactive journeyman plumber shall not represent himself as a qualified journeyman plumber or otherwise engage in the work of a journeyman plumber.
(c) To reactivate a plumbing license, the inactive licensed plumber shall complete all renewal requirements of subsection (1) of this section and pay the appropriate reactivation fee:
-
$125 for a master plumber; or
-
Thirty (30) dollars for a journeyman plumber.
Section 5. Change of information.
(1) A licensee shall notify the department of any change to the name or address of the business or employer.
(2) Death of a master plumber.
(a) If the master plumber representing a company dies, the company shall notify the department within ten (10) days of the master plumber's death.
(b) The 180 day interim period established in KRS 318.054 shall begin on the date the master plumber dies.
(c) The company shall not be required to renew the deceased's master plumber license, if the license renewal date falls within the 180 day interim period.
(d) The company shall not use the deceased master plumber's license after the expiration date of the interim period.
(e) The company shall notify the department when the company has a replacement master plumber to represent the company.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Application for License as a Master Plumber", Form PLB-1, April 2023;
(b) "Application for License as a Journeyman Plumber", Form PLB-2, April 2023;
(c) "Plumbing Examination Registration Form, Form PLB-3, October 2019; and
(d) "Licensing Renewal Application", Form DHBC L-1, April 2023.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Plumbing, 500 Mero Street, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 318.010, 318.020, 318.030, 318.040, 318.050, 318.054, 318.060, 318.080
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.040(1)(d), (2), (3), 318.050, 318.054(3), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the Department of Housing, Buildings and Construction to promulgate and amend the Kentucky State Plumbing Code to regulate plumbing. KRS 318.040(1)(d) authorizes the commissioner to promulgate administrative regulations establishing qualifications for a master plumber's license and a journeyman plumber's license. KRS 318.040(2) and (3) require the department to establish examination requirements and procedures. KRS 318.050 requires the department to establish reasonable application fees for licensure as a master plumber or journeyman plumber. KRS 318.054(3) requires the department to establish reasonable renewal fees for master plumbers and journeyman plumbers. This administrative regulation establishes the application, examination, and renewal requirements for master plumbers and journeyman plumbers.
- History: 1 Ky.R. 756; 1348; eff. 6-11-1978; 2 Ky.R. 448; eff. 4-14-1976; 3 Ky.R. 237; eff. 11-3-1976; Recodified from 401 KAR 1:015, 7-5-1978; 7 Ky.R. 844; eff. 4-15-1982; 12 Ky.R. 1899; eff. 7-2-1986; 13 Ky.R. 956; eff. 12-2-1986; 17 Ky.R. 2878; eff. 5-3-1991; 3521; 18 Ky.R. 283; eff. 7-30-1991; 3037; 5-28-1992; 21 Ky.R. 1388; eff. 1-9-1995; 25 Ky.R. 2467; 2902; eff. 5-26-1999; 27 Ky.R. 3374; eff. 8-15-2001; 32 Ky.R. 2361; 33 Ky.R. 403; eff. 8-10-2006; 34 Ky.R.1237; 1747; eff. 2-1-2008; 37 Ky.R. 2757; 38 Ky.R. 20; eff. 8-5-2011; 41 Ky.R. 1199; 1795; eff. 3-6-2015; 45 Ky.R. 808; 1544; eff. 1-4-2019; 46 Ky.R. 1648, 2418; eff. 6-2-2020; 49 Ky.R. 2148; eff. 12-5-2023.
815 KAR 20:050 Installation permits {#sec-815-kar-20-050 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:050}
Section 1. Permit Required.
(1) A plumbing permit shall be required for:
(a) A new plumbing installation;
(b) An existing plumbing installation if a fixture, soil, or waste opening or conductor is to be moved or relocated;
(c) A new house sewer or a house sewer that is to be replaced;
(d) A new water service or water service that is to be replaced;
(e) The addition of a backflow prevention device to an existing water service; or
(f) A new water heater installation or a water heater that is to be replaced.
(2) A new plumbing permit shall be required when a master plumber:
(a) Takes over a plumbing installation originally permitted to another master plumber or homeowner; or
(b) Assumed responsibility to correct and test an installation made by someone else.
(3) A permit shall not be required for:
(a) The repair of:
-
Leaks;
-
Cocks;
-
Valves; or
(b) Cleaning out waste or sewer pipes.
Section 2. Issuance of Plumbing Permits.
(1) A permit to construct, install, or alter plumbing, sewerage, or drainage shall be issued only to:
(a) A licensed master plumber; or
(b) A homeowner who wishes to construct, install, or alter plumbing, sewerage, or drainage in a home occupied by the homeowner or constructed by the homeowner for the homeowner's own personal residential use, if:
-
Application is made for the permit prior to the beginning of the work;
-
The homeowner files with the application an affidavit stating that the homeowner shall abide by the terms of this section;
-
All work shall be performed in compliance with 815 KAR Chapter 20;
-
All work shall be personally performed by the homeowner; and
-
The homeowner shall not have obtained another homeowner permit for construction of a new home issued within the last five (5) years.
(2) A journeyman plumber shall not construct, install, or alter plumbing, sewerage, or drainage unless the work is performed under the supervision of a licensed master plumber with a valid permit.
Section 3. Plumbing Plan Submission.
(1) Procedure. Except as provided in subsection (2) of this section, plumbing plans shall be submitted to the department for review and approval prior to the issuance of a plumbing permit. A plumbing plan submission shall consist of:
(a) A complete Plan Application form; and
(b) Three (3) sets of identical plans that include:
-
A complete floor plan;
-
An isometric plumbing diagram of the drain, waste, and vent system; and
-
A site utility plan.
(2) Field inspections. A plumbing inspector may inspect the plumbing in the following without an initial submission of plumbing plans:
(a) An existing building if:
-
There are no more than ten (10) openings for plumbing fixtures or appliances, present and future;
-
There is no change of use in the occupancy;
-
There is no increase in the occupant load;
-
Approval by the Department of Health is not required; and
-
Plans or documents of the installation are submitted to the department after installation; or
(b) A multi-family dwelling if:
-
The building consists of twelve (12) units or less;
-
The water and sewer connections have been approved by the Division of Water in accordance with 401 KAR Chapter 5;
-
Proof of a building permit from the authority having jurisdiction has been submitted to the department; and
-
Plumbing plans are made available to the plumbing inspector for review and approval prior to construction.
(c) A plumbing inspector shall not review and approve plans for the following:
-
A tenant space that has not been occupied;
-
A day care facility that is not currently licensed;
-
A project on a private water system without approval from the Division of Water in accordance with 401 KAR Chapter 5; or
-
A project with a sewer main extension or a sewage treatment plant without approval from the Division of Water in accordance with 401 KAR Chapter 5.
Section 4. Plumbing Permit Fees.
(1) The base fee for each plumbing permit for residential one (1) and two (2) family units shall be fifty (50) dollars plus fourteen (14) dollars for each:
(a) Plumbing fixture, appliance, or opening left for a plumbing fixture or appliance in the soil or waste pipe system;
(b) Domestic water heater; and
(c) Separately metered water and sewer service if more than one (1) water or sewer service is to be installed.
(2) The base fee for each plumbing permit for buildings other than residential one (1) and two (2) family units shall be fifty (50) dollars plus twenty (20) dollars for each:
(a) Plumbing fixture, appliance, or opening left for a plumbing fixture or appliance in the soil or waste pipe system;
(b) Domestic water heater;
(c) Conductor opening; and
(d) Separately metered water and sewer service if more than one (1) water or sewer service is to be installed.
(3)
(a) If only one (1) new domestic water heater is installed or replaced within a single building, the only fee for the plumbing permit shall be fifty (50) dollars.
(b) If more than one (1) water heater is replaced within a building, a permit fee shall be calculated pursuant to subsections (1) or (2) of this section.
(4) The plumbing permit fee shall be limited to the base fee if:
(a) The work to be performed does not include new installation;
(b) The work to be performed is to make corrections or to provide testing for an installation made by someone else; or
(c) A master plumber takes over a plumbing permit pursuant to Section 1(2) of this administrative regulation.
Section 5.
(1) A person with a plumbing permit shall be entitled to five (5) plumbing inspections at no additional cost.
(2)
(a) The fee for an additional inspection shall be fifty (50) dollars.
(b) All additional inspection fees shall be paid prior to the final inspection.
(3) Additional inspection fees shall not apply if the cost of the plumbing permit exceeds $250.
Section 6. Expiration of permits.
(1) Plumbing permits issued pursuant to this administrative regulation shall expire one (1) year after the date of issuance unless construction is ongoing, in which case the permit shall remain effective until the completion of the planned plumbing inspection.
(2) The permit shall expire and become void if the plumbing work ceases on the project for a period exceeding twelve (12) months.
Section 7. Incorporation by Reference.
(1) "Plan Application Form", 2/2020, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Plumbing, 500 Mero Street, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 318.030, 318.134, 318.160
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130, 318.134(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing. KRS 318.134(1) requires all persons, firms, or corporations to procure a plumbing installation permit from the department to construct, install, or alter, or cause to be constructed, installed, or altered any plumbing. KRS 318.134(3) requires the department to establish a reasonable schedule of fees and charges to be paid for plumbing installation permits and the necessary inspections incident thereto. This administrative regulation establishes the requirements, fees, and charges for plumbing installation permits and inspections in Kentucky.
- History: 1 Ky.R. 10; eff. 9-11-1974; 2 Ky.R. 449; eff. 4-14-1976; Recodified from 401 KAR 1:030, 7-5-1978; 5 Ky.R. 160; eff. 10-4-1978; 6 Ky.R. 696; 7 Ky.R. 220; eff. 10-1-1980; 845; eff. 10-7-1981; 9 Ky.R. 832; 1200; eff. 4-6-1983; 13 Ky.R. 958; eff. 12-2-1986; 17 Ky.R. 2880; eff. 5-3-1991; 18 Ky.R. 1231; 1887; eff. 12-8-1991; 19 Ky.R. 2335; eff. 6-7-1993; 21 Ky.R. 1389; eff. 1-9-1995; 27 Ky.R. 3376; eff. 8-15-2001; 32 Ky.R. 2362; 33 Ky.R. 404; eff. 9-1-2006; 36 Ky.R. 1134; 2067-M; eff. 6-4-2010; 41 Ky.R. 167; eff. 9-24-2014; 1202; eff. 3-6-2015; 46 Ky.R. 1651, 2420; eff. 6-2-2020; 48 Ky.R. 629; eff. 3-1-2022.
815 KAR 20:055 Water heating devices {#sec-815-kar-20-055 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:055}
Section 1. Installation requirements.
(1) General requirements.
(a) A water heater shall be:
-
Properly connected to the hot and cold water supply; and
-
Accessible for inspection, repair, and replacement.
(b) Temperature and pressure relief valves shall be installed in accordance with manufacturer's requirements.
(2) A water heater designed for use as an appliance for supplying potable hot water for domestic or commercial purposes may be used for space heating if the water temperature does not exceed 140 degrees Fahrenheit.
(3) Crawl Space.
(a) A water heater installed in a crawl space shall:
-
Have adequate access with a travel path no less than five (5) feet of vertical distance; and
-
Be installed on at least a two (2) inch thick corrosion resistant material adequate to support the water heater.
(b) The replacement of a water heater that was originally installed in a crawl space prior to September 1, 2006 shall be exempt from vertical distance requirement in paragraph (a)1. of this subsection.
(4) Attic, Drop Ceiling, or Wood Flooring.
(a) After April 1, 2021, a water heater installed in an attic, above a drop ceiling, or on wood flooring in the occupied space of a building shall be:
-
Installed with a corrosion resistant water tight pan below the water heater; and
-
Equipped with at least a three-fourths (3/4) inch drain to be piped similarly to a temperature and pressure relief valve discharge line.
(b) A temperature and pressure relief valve may discharge into the drain pan if the drain pan pipe:
-
Is equipped with a one (1) inch drain;
-
Is of a material suitable for hot water; and
-
Discharges through an air gap to a sump basin, service sink, open receptacle, or other point of discharge approved by the division, in accordance with 815 KAR 20:130.
(5) Fuel-fired water heaters.
(a) A fuel-fired water heater shall be connected to a flue or a chimney. The flue or chimney shall:
-
Be of a size at least as large as required by the water heater manufacturer's instructions;
-
Extend two (2) feet above the roof of the building;
-
Be properly flashed; and
-
Not terminate within six (6) feet of a door or window.
(b) A fuel-fired water heater vent shall not be connected to a flue serving a coal-burning apparatus.
(c) A fuel-fired water heater shall not be placed in any bathroom, toilet room, or a room used for sleeping unless it has a direct-vent or through the wall vent system.
(d) A fuel-fired water heater shall not be placed in a closed room or closet unless the space:
-
Has a louver door; or
-
Is ventilated to provide combustion air and circulation that satisfies the requirements of the National Fuel Gas Code in Chapter 35 of the Kentucky Building Code incorporated by reference in 815 KAR 7:120.
(6) Gas-fired direct vent water heaters.
(a) A residential gas-fired direct vent and through the wall type water heater shall be:
-
Vented in accordance with the manufacturer's instructions; and
-
Installed to satisfy the requirements of the National Fuel Gas Code in Chapter 35 of the Kentucky Building Code incorporated by reference in 815 KAR 7:120.
(b)
-
The vent terminal of a direct vent water heater with an input of 50,000 BTUs per hour or less shall be located at least nine (9) inches from any opening through which flue gases may enter the building.
-
The vent terminal of a direct vent water heater with an input over 50,000 BTUs per hour shall be located at least twelve (12) inches from any opening through which flue gases may enter the building.
(c) The bottom of the vent terminal and the air intake of a direct vent water heater shall be located at least twelve (12) inches above grade.
(7) Instantaneous water heaters. An instantaneous water heater not listed in 815 KAR 20:020 shall:
(a)
-
Be certified to ANSI Z21.10.1 for units including but not exceeding 75,000 BTUs; or
-
Be certified to ANSI Z21.10.3 for units exceeding 75,000 BTUs;
(b) Have a minimum of three-fourths (3/4) inch inlet and outlet;
(c) Be installed with a properly sized pressure relief valve not exceeding 150 pounds per square inch; and
(d) Be installed to enable flushing without altering the installation, if required by the manufacturer to be periodically flushed.
Section 2. Water heaters subject to additional requirements. Water heaters shall be considered pressure vessels and shall comply with KRS Chapter 236 and 815 KAR Chapter 15 if the water heater exceeds:
(1) Heat input of two hundred thousand (200,000) BTU/Hr.;
(2) Water temperature of two hundred ten (210) degrees Fahrenheit; or
(3) Water storage capacity of one hundred twenty (120) gallons.
Section 3. Domestic Solar Water Heaters. A domestic solar water heater may have a "single wall heat exchanger" if:
(1) The solar panel and the water heater exchanger use a nontoxic liquid such as propylene glycol or an equivalent;
(2) The heat exchanger is pretested by the manufacturer to 450 pounds per square inch;
(3) The water heater has a warning label advising that a nontoxic heat exchanger fluid shall be used at all times; and
(4) A pressure relief valve is installed at the highest point in the solar panel.
Section 4. Domestic Water Heater Preheating Device.
(1) A domestic water heater preheating device may be used and connected with the high pressure line from the compressor of a domestic home air conditioner or heat pump heater.
(2) Double wall heat-exchangers with two (2) separate thicknesses separating the heat exchange fluid (other than potable water) from the potable water supply shall be provided.
(3)
(a) The water inlet to the heat exchange vessel shall be provided with a check valve. A pressure relief valve, approved in accordance with this administrative regulation, set to relieve at five (5) pounds per square inch above the maximum water pressure at the point of installation shall be provided adjacent to and at the outlet side of the check valve, if the heat exchange units contain more than twenty (20) pounds of refrigerants.
(b) This device shall be equipped with a temperature limit control that would actuate a pump that would circulate hot water from the water heater through the pre-heater device.
(4)
(a) Condensate drain water shall be piped in accordance to the Kentucky Plumbing Code and shall not:
-
Drain into a crawl space, sewer, or vent stack; or
-
Be installed in an area subject to freezing.
(b) A condensate pump shall be used if a drain is:
-
Not available; or
-
Located above the vent.
Section 5. Temperature and Pressure Relief Devices.
(1) Only temperature and pressure relief devices approved by the department as established in 815 KAR 20:020 and 815 KAR 20:120 shall be installed.
(2) A temperature and pressure relief device shall be installed:
(a) On each water heater on the hot water side not more than three (3) inches from the top of the water heater; and
(b) According to the manufacturer's recommendation, if a marked opening is provided on the water heater by the manufacturer for a temperature and pressure relief device.
(3)
(a) In a location with a floor drain, the discharge from the relief device shall be piped to within two (2) inches of the floor.
(b) In a location without a floor drain, the discharge from the relief device shall be piped to the outside of the building with an ell turned down and piped to within four (4) inches of the surface of the ground.
(4) The relief device may discharge through an air gap to a sump basin, service sink, open receptacle, or other point of discharge in which equivalent safety shall be provided as approved by the department.
Section 6. Water Distribution for Fan Coil Units.
(1) If a domestic water heater is used for heating purposes through a fan coil medium, the water temperature shall not exceed 140 degrees Fahrenheit.
(2) The fan coil unit shall use not less than three-fourths (3/4) inch piping and its run shall not exceed 140 feet between the water heater and the heating unit.
(3) The applicable requirements established in 815 KAR 20:070 shall be met.
Section 7. Reporting Requirements.
(1) Except as established in subsection (2) of this section, a wholesaler, retailer, or installer who sells a water heating device shall submit to the division Form PLB-94, Water Heater Report Form, within thirty (30) days of the date of sale.
(2) An installing contractor who obtains an installation permit for the installation of a water heating device shall be exempt from the reporting requirements of subsection (1) of this section. The installation permit shall serve as the reporting requirement for the installer as required by KRS 318.200.
Section 8. Incorporation by Reference.
(1) Form PLB-94, "Water Heater Report Form", October 2019, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Plumbing, 500 Mero St., Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS Chapter 236, 318.200
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130, 318.200
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing. KRS 318.200 requires that all retailers, wholesalers, and installers selling or offering for sale water heating devices, within thirty (30) days of the date of sale, forward a list of names and addresses of purchasers along with the serial number of the device purchased to the department or to the appropriate agency of county or city government having jurisdiction. This administrative regulation establishes the requirements for water heating devices.
- History: 11 Ky.R. 911; 1258; eff. 2-12-1985; 17 Ky.R. 2881; eff. 5-3-1991; 24 Ky.R. 2463; eff. 7-13-1998; 32 Ky.R. 2364; 33 Ky.R. 406; eff. 9-1-2006; 36 Ky.R. 1533; 2068-M; eff. 4-2-2010; 46 Ky.R. 1654, 2286, 2422; eff. 6-2-2020.
815 KAR 20:060 Quality, weight, installation, and storage of materials {#sec-815-kar-20-060 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:060}
Section 1. Quality and Handling of Materials.
(1) The material used in a drainage or plumbing system or part of a system shall be free of defects and shall be handled as to not cause damage to the material.
(2) All pipes and fittings shall be:
(a) Inspected for cracks or other damage prior to installation; and
(b) Installed in compliance with the manufacturer's recommendations unless otherwise stated in 815 KAR Chapter 20.
Section 2. Storage.
(1) Schedule 40 or 80 PVC and ABS.
(a) Pipe shall remain in lifts until ready for use. Lifts shall not be stacked more than three (3) high and shall always be stacked wood-on-wood. Loose pipe shall be stored in racks with a minimum support space of three (3) feet. Pipe shall be shaded but not directly covered if stored outside in high ambient temperatures to provide for free circulation of air and reduce the heat buildup due to direct sunlight exposure.
(b) Fittings shall be stored in their original cartons to remain free of dirt and to reduce the possibility of damage. As a best practice, fittings shall be stored indoors.
(2) CPVC, SDR 11.
(a) CPVC pipe, tubing, and fittings shall be stored under cover to avoid unnecessary dirt accumulation and long-term exposure to sunlight.
(b) Pipe and tubing shall be stored with continuous support in straight, uncrossed bundles.
(3) PEX. PEX shall not be stored where it will be:
(a) Exposed to direct or indirect ultraviolet light (sunlight);
(b) Exposed to materials that affect the basic properties of PEX, brass, or copper; or
(c) Come into contact with chemicals, pipe thread compounds, putty, and mineral or linseed oil compounds.
(4) Solvent cement and primers. Solvent cement and primers shall not be exposed to ignition, sparks, open flames, or heat during storage and shall not be used beyond their marked shelf life.
Section 3. Marking. Each length of pipe, fitting, trap, fixture, or device used in a plumbing or drainage system shall be indelibly marked with the:
(1) Weight or quality; and
(2) Maker's mark or name (manufacturer's specification number).
Section 4. Vitrified clay pipe, concrete pipe, truss pipe, and SDR 35 pipe shall be produced, labeled, and used only as established in subsections (1) through (4) of this section.
(1) Vitrified clay pipe shall be as established in ASTM C700, and fittings ASTM C425.
(2) Concrete pipe shall be as established in ASTM C14, and fittings ASTM C443.
(3) Truss pipe shall be as established in ASTM D2680, unless it is solid wall truss pipe, which shall be as established in ASTM D2751.
(4) Extra heavy SDR 35 sewer piping shall be as established in ASTM D3034.
(5) Joints. Joints in pipe and fittings with no more than two (2) pipe sizes between vitrified clay, ABS, or PVC to cast iron pipe and fittings or the joining of either material may be made with the proper fittings by using a dispersion grade PVC ring produced and labeled as ASTM C443, C425, or C564, or an elastomeric PVC coupling.
Section 5. Cast iron Pipe. (Hub and Spigot and No-hub).
(1) Extra heavy. Extra heavy cast- iron pipe and fittings shall be produced and labeled as ASTM A74.
(2) Service-weight. Service-weight cast iron pipe and fittings shall be produced and labeled as ASTM A74 and C1540.
(3) No-hub cast-iron and fittings shall be produced and labeled ASTM 888 or CISPI 301.
(4) No-hub couplings shall be produced and labeled as ASTM C1277, C564, C1563, or CISPI 310.
(5) Coating. Cast-iron pipe and fittings for underground use shall be coated with:
(a) Asphaltum;
(b) Coal tar pitch; or
(c) A coating produced and labeled as ASTM A743.
(6) Instructions for Cutting Cast Iron Soil Pipe. During installation assembly, pipe and fittings shall be inserted into the hub or into the gasket firmly and seated against the bottom of the hub or against the center rib or shoulder of the gasket. To provide a sound joint with field cut lengths of pipe, ends shall be cut square and as smooth as possible with a metal cutting saw or snap type cutters.
(7) General Installation Instructions for Cast Iron Pipe.
(a) Vertical piping.
-
Vertical piping shall be secured at sufficiently close intervals to maintain alignment and to support the weight of the pipe and its contents. Approved metal clamps or hangers shall be used to support stacks at their bases and at sufficient floor intervals to meet the requirements of local codes.
-
If vertical piping is to stand free of any support or if no structural element is available for support and stability during construction, the piping shall be secured in its proper position by means of adequate stakes or braces fastened to the pipe.
(b) Horizontal piping, suspended.
-
Ordinary horizontal piping and fittings shall be secured at sufficiently close intervals to maintain alignment and prevent sagging or grade reversal. Each length of pipe shall be supported by a hanger located not more than eighteen (18) inches from the joint.
-
Terminal ends of all horizontal runs or branches and each change of direction or alignment shall be supported by a hanger.
-
Closet bends installed above ground shall be firmly secured.
(c) Horizontal piping, underground.
-
If trenches are dug too deep, the piping shall be supported with approved grillage laid on firm ground as established in 815 KAR 20:130. To maintain proper alignment during backfilling, the pipe shall be stabilized in proper position by partial backfilling and cradling.
-
Piping laid on grade shall be adequately secured to prevent misalignment when the slab is poured.
-
Closet bends installed under slabs shall be adequately secured.
(d) Joints.
-
Joints in cast iron shall either be caulked, screwed, or made with the use of neoprene gaskets. Neoprene gaskets shall be produced and labeled as ASTM C564.
-
Steel, brass, and copper joints connected to cast iron pipe shall be either screwed or caulked joints. Caulked joints shall be made by the use of a caulking spigot.
-
Cast iron coupling for joining hubless cast iron pipe shall consist of a neoprene gasket, cast iron clamps produced and labeled as ASTM A48, and stainless steel bolts and nuts produced and labeled as ANSI B 18.2.1 and ANSI B 18.2.2.
-
Lead and Oakum Joint Installation.
a. Insert the spigot into the properly cleaned hub.
b. An oakum strand shall be inserted into the joint which is of a diameter that can be pressed into the joint by hand and sufficiently long to make three (3) turns around the pipe. Drive the strand of oakum to the bottom of the joint using a yarning iron. Pack the oakum solidly and evenly using a packing iron and hammer.
c. Place additional strands of oakum into the joint until it fills the hub to within one-half (1/2) inch of the top, and using a packing iron and hammer, pack this oakum until it forms a uniform surface one (1) inch from the top of the hub.
d. Pour molten lead into the joint at one (1) spot between the hub and spigot until it arches up slightly above the top of the hub.
e. When the lead has cooled, drive it down at four (4) points around the hub using a caulking iron to insure uniform caulking.
f. Caulk the joint on the inside and outside edges using a sixteen (16) ounce ball peen hammer and appropriate caulking irons.
- Compression Joint Installation.
a. Fold and insert the one (1) piece rubber gasket into the hub which has been properly cleaned.
b. Apply special gasket lubricant to the spigot and inside of the neoprene gasket.
c. Push, draw or drive the spigot into the gasketed hub with a pulling tool or suitable device.
- No-hub Joint Installation.
a. Clamp and gasket installation. The following procedures shall be taken to insure a proper joint:
(i) Place the gasket on the end of one (1) pipe and the stainless steel or cast iron clamp assembly on the end of the other pipe.
(ii) Firmly seat the pipe ends against the integrally molded shoulder inside the neoprene gasket.
(iii) Slide the clamp assembly into position over the gasket and tighten the bands or clamps as described below.
b. Torqueing bands. A properly calibrated torque wrench, set at sixty (60) inch pounds shall be used. The following procedure for applying torque to the band assembly shall be used: The stainless steel bands shall be tightened alternately and firmly to sixty (60) inch pounds of torque.
(i) Step 1. The inner bands shall be tightened alternately and firmly to sixty (60) inch pounds of torque.
(ii) Step 2. The outer bands shall be tightened alternately and firmly to sixty (60) inch pounds of torque.
(iii) Torqueing clamps. A properly calibrated torque wrench, set at 175 inch pounds, shall be used. The following procedure for applying torque to the clamp assembly shall be used: The stainless steel bolts shall be tightened alternately, gradually, and firmly to 175 inch pounds torque.
Section 6. Steel and Wrought iron Pipe.
(1) All wrought iron pipe shall be produced and labeled with the latest ASTM "specifications for welded wrought iron pipe".
(2) Steel pipe shall be produced and labeled with the current ASTM specification number for welded wrought iron pipe or welded and seamless pipe.
(3) Schedule 40 shall be the minimum weight.
(4) For water distribution or soil, waste and vent, galvanized pipe shall be used.
(5) Cutting and Reaming.
(a) Pipe shall be cut to length with a square cut using the appropriate tool.
(b) If the cut-to-length pipe is to be threaded or prepared for a mechanical connection, it shall be reamed to the full inner diameter of the pipe.
(6) Hangers and Supports.
(a) Hangers, anchors and supports shall be:
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Of sufficient strength to support the piping and its contents; and
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Securely attached to the building construction at intervals to support the piping and its contents and made to allow for expansion, contraction, structural settlement and vibration.
(b) Vertical piping.
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Screwed piping shall be supported at every other story height and supports shall be of ferrous metal.
-
Mechanical joint piping shall be supported at every story height and supports shall be of ferrous metal.
(c) Horizontal piping.
-
Horizontal piping shall be supported at intervals which keep the piping in alignment and prevent sagging.
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Screwed and mechanical joint pipe one and one-half (1 1/2) inches and over shall be supported at twelve (12) foot intervals. One and one-quarter (1 1/4) inch and smaller shall be supported at eight (8) foot intervals.
-
Supports shall be of ferrous metal.
(7) Joints.
(a) Screw Joints.
-
Screw joints shall be made by the use of a properly cut thread inserted into the female part of the fitting after applying the recommended pipe joint compound sparingly to the male threads.
-
The screw joints shall be tightened hand-tight to check for alignment and then tightened enough to insure a tight leak-proof joint but shall not be over-tightened.
(b) Mechanical joints.
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Mechanical joints for hot and cold water shall not be used above ground unless the couplings are galvanized and the gaskets are ASTM D2000, Grade N-R-615 BZ.
-
The pipe ends shall be lubricated with a lubricant in compliance with the manufacturer's instructions and the gasket shall be slipped over one (1) pipe end.
-
The pipe ends shall be connected and the gasket shall be inserted into central spanning position.
-
The housing clamps shall be placed over the gasket and the bolts and nuts tightened with a socket wrench.
(c) Steel connections to cast iron pipe. Steel joints connected to cast iron pipe shall be either screwed or caulked joints.
(d) PVC and ABS pipe and fitting connections to steel. 1. PVC and ABS pipe and fitting connections to steel shall be either a screwed or caulked joint.
(e) Stainless steel tubing to cast iron pipe shall be made by caulking spigot.
(f) Stainless steel tubing to galvanized steel pipe or copper pipe shall be made by the use of an adaptor.
(g) The joints between lead pipe and steel or wrought iron shall be made by means of a caulking ferrule or a soldering nipple.
Section 7. Brass Pipe, Copper Pipe, Seamless Stainless Steel Tubing, and Brass Tubing.
(1) Brass pipe, copper pipe, and brass tubing shall be produced and labeled with the latest specifications of ASTM for "brass pipe, copper pipe, and brass tubing, standard sizes".
(2) Cutting, reaming, and sizing. The tube shall be cut to exact length with a square cut using the appropriate tool.
(a) The tube shall have burrs and slivers removed by using a reamer or other appropriate tool.
(b) The tube shall be brought to true dimensions and roundness by using a sizing tool consisting of a plug and ring.
(3) Cleaning. The surface to be joined shall be clean and free from oil, grease and heavy oxides. The end of the tube shall be cleaned with a fine sand cloth or a special wire brush a distance slightly more than is required to enter the socket of the fitting.
(4) Hangers and Supports. Hangers, anchors and supports shall be:
(a) Of material of sufficient strength to support the piping and its contents; and
(b) Securely attached to the building construction at sufficiently close intervals to support the piping and its contents and made to allow for expansion, contraction, structural settlement, and vibrations.
(c) Vertical piping.
- Copper tubing shall be supported:
a. At each story for piping one and one-half (1 1/2) inches and larger in diameter; and
b. At each story and not more than ten (10) foot intervals for piping one and one-quarter (1 1/4) inches and smaller in diameter.
- Supports shall be of copper material of sufficient strength which will not adversely react with the piping material.
(d) Horizontal piping.
- Copper tubing shall be supported at:
a. Six (6) foot intervals for one (1) inch and smaller in diameter; and
b. Ten (10) foot intervals for one and one-quarter (1 1/4) inch and larger.
- Supports shall be of copper material of sufficient strength which will not adversely react with the piping material.
(5) Joints.
(a) Soldered joints. Joints of copper pipe, brass, and seamless stainless steel tubing shall be soldered. The following procedures shall be used to solder a joint:
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After cleaning, the surfaces shall be covered with a thin film of mildly corrosive liquid or petroleum based pastes that contain chlorides of zinc and ammonium. Self-cleaning flux shall not be used in place of the cleaning pipe.
-
Excess flux shall be wiped off within the fitting socket.
-
The tube end shall be inserted into the socket, with the tube firmly seated against the end of the socket.
-
Excess flux shall be removed with a rag.
-
Heat shall be applied to the fitting and then moved in order to heat as large an area as possible. The fitting and joint shall:
a. Not be overheated; and
b. Be heated until the solder melts on contact with the pipe and flows by capillary attraction into the joint.
-
The heat shall be removed.
-
The fitting and joint shall be cooled before moving.
(b) Brazed joints. The following procedures shall be used for a brazed joint:
-
Except as provided in subparagraph 2 of this paragraph, after cleaning, the surface of the tube end and the fitting socket shall be covered with a thin film of flux in accordance with the recommendations of the manufacturer of the brazing filler metal being used. Effort shall be made to avoid getting flux inside the tube.
-
Flux may be omitted if joining copper tube to wrought copper fittings with copper-phosphorus allows (B-cup Series) which are self-fluxing on copper.
-
The tube end shall be inserted into the socket hard against the stop and turn if possible.
-
Heat shall be applied to the parts to be joined, with:
a. The tube heated first; and
b. The fitting at the base of the cup heated next.
-
Brazing wire, rod or strip shall be applied at the point where the tube enters the socket of the fitting.
-
The heat shall be removed.
-
The fitting and joint shall be cooled.
(c) Flared joints; impact tools. The following procedures shall be used for a flared joint.
-
The joints shall be cut, reamed, sized, and cleaned.
-
The coupling nut shall be slipped over the end of the tube.
-
The flaring tool shall:
a. Be inserted into the tube end; and
b. Be driven by hammer strokes to expand the end of the tube to the desired flare.
-
The fitting shall be placed squarely against the flare.
-
The coupling nut shall be engaged with the fitting threads.
-
The joint shall be tightened with two (2) wrenches, one (1) on the nut and one (1) on the fitting.
(d) Screw type flaring block.
-
The procedures established in subparagraphs 1. and 2. of paragraph (c), subsection (6) of this section shall be followed for impact flaring.
-
The tube shall be clamped in the flaring block so that the tube is slightly above the block.
-
The yoke of the flaring tool shall be placed on the block so that the beveled end of the compression cone is over the tube end.
-
The compressor screw shall be turned down firmly, forming the flare between the chamber in the flaring block and the beveled compressor cone.
-
The flaring tool shall be removed and assembled pursuant to subparagraphs 4., 5., and 6. of paragraph (c) of this section.
(e) Mechanically formed tee connection.
-
A mechanically formed tee connection shall be approved for use in a domestic hot and cold water distribution system above ground only.
-
A mechanically extracted collar shall be formed in a continuous operation consisting of drilling a pilot hole and drawing out the tube surface to form a collar having a height of not less than three (3) times the thickness of the tube wall. The collaring device shall be fully adjustable so to insure proper tolerance and complete uniformity of the joint.
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All joints shall be brazed in accordance with subsection (2) of this section and the manufacturer's instructions. A soldered joint shall not be permitted.
(f) Mechanical couplings. Types K and L copper tubing systems from two (2) inch through six (6) inch and used for water distribution may be installed using mechanical pipe couplings of a bolted type with a flush seal gasket along with grooved end copper fittings. Couplings shall be of the angle pad design to obtain rigidity.
Section 8. Borosilicate Pipe, Stainless Steel Tubing, Silicon Iron Pipe, Polyethylene Pipe, and Polypropylene Pipe.
(1) Borosilicate pipe. Borosilicate pipe shall be produced and labeled ASTM C1053 for drain, waste, and vent applications.
(2) Stainless steel tubing.
(a) Stainless steel tubing for hot and cold water piping shall be produced and labeled either as ASTM A269 or ASTM A312.
(b) Stainless steel tubing for the soil, waste, and vent system shall be 304 or 316L produced and labeled as ASME A112.3.1.
(3) PE pipe used in acid waste systems shall be produced and labeled as ASTM 1204.
(4) PP pipe used in acid waste systems shall be produced and labeled as ASTM D4101 or ASTM F1412.
(5) Joints.
(a) Stainless steel tubing to cast iron pipe shall be made by caulking spigot.
(b) Stainless steel tubing to galvanized steel pipe or copper pipe shall be made by the use of an adaptor.
(c) Joints in PE and PP piping shall be made by the heat fusion process.
(d) Joints in PP shall be made with a union joint.
(e) Joints in borosilicate pipe shall be a stainless steel mechanical joint.
(f) Joints between silicon iron pipe shall be either caulk joint or stainless steel mechanical joint.
Section 9. Schedule 40, ABS and PVC plastic pipe and fittings.
(1) All plastic piping used in a drainage, waste, and vent system shall be:
(a) Schedule 40 or 80, Type 1, Grade 1, PVC produced and labeled as ASTM D1785;
(b) Cellular core PVC produced and labeled ASTM F891;
(c) Schedule 40 or 80 ABS produced and labeled as ASTM D2661; or
(d) Cellular core ABS produced and labeled as ASTM F628.
(2) Pipe and fittings shall be produced and labeled in accordance with the provisions of ASTM D2665, as amended, for PVC and ASTM D2661 for ABS, and both shall bear the National Sanitation Foundation seal of approval.
(3) All pipe and fittings shall bear the ASTM designation together with the NSF seal, the manufacturer's identification, and the size.
(4)
(a) The use of plastic pipe and fittings (PVC or ABS) shall be limited to buildings in which the plumbing system does not exceed forty-five (45) feet in height, measured from the grade plane, and continuing through the vertical distance of the building to a maximum height of forty-five (45) feet, unless:
(b) The use of PVC and ABS piping is limited to schedule 40 or 80 produced and labeled as ASTM D2665 and ASTM D1785 for PVC piping and ASTM D2661 for ABS piping;
(c) The installation of the plastic pipe and fittings (PVC or ABS) is made in compliance with the manufacturer's recommendations, which shall be made available to the inspector; and
(d) Firestop systems are inspected in accordance with ASTM E2174 by an approved inspection agency.
(5) Installation.
(a) Underneath concrete floors. Pipe and fittings shall be laid on stable earth conditions and have four (4) inches of grillage on its bottom, top and sides. If ground is unstable, it shall be removed and the excavation filled with grillage to the underneath side of the piping. Soil or waste pipe shall not be placed in a concrete slab except those pipes that pass vertically through it.
(b) Above concrete floors. Horizontal piping shall be properly aligned and installed without strain. Piping shall not be bent or pulled in position either before or after solvent welds have been made. It shall be supported at intervals not to exceed four (4) feet and at the end of the branches and at the change of direction and shall be so installed as to permit freedom of movement. Vertical piping shall be supported at their bases and all upward movement shall not be restricted. Closet flanges shall be securely fastened to the floor through which it passes.
(6) Hangers. Hangers and straps shall be at least one (1) inch wide and shall not compress, distort, cut, or abrade the piping to allow free movement at all times.
(7) Joints.
(a) Joints in PVC Schedule 40 or 80 pipe and fittings shall be solvent welded joints and shall be in compliance with ASTM D2665.
(b) Joints in ABS pipe and fittings shall be solvent welded joints and shall be in compliance with ASTM D2661.
(c) ABS and PVC sewer piping produced and labeled as ASTM 3034 shall be joined by solvent cement in compliance with the applicable standard or with an elastomeric joint in compliance with ASTM D3212.
(d) Piping shall be cut square with a saw or pipe cutter designed especially for plastic pipe. Pipe and fittings shall be protected from serrated holding devices or abrasions.
(e) Burrs shall be removed from both inside and outside of the pipe. Dust, dirt and moisture shall be removed from the surfaces that shall be cemented.
(f) Solvent chemical cleaner recommended by the company whose product is being installed shall be applied inside the fitting and on the outside of the piping shall be joined.
(g) A paint brush shall be used to apply the solvent cement in a moderate, even coating in the fitting socket as well as covering the pipe on the joining surfaces.
(h) Joints shall be assembled as quickly as possible before the cement dries. Insert the piping into the fitting socket turning the pipe slightly to ensure even distribution to the cement. Hold the piping in a firm position so it does not "back out" of the joint.
(i) Remove excess solvent cement from the exterior of the joint with a clean dry cloth. The joint shall not be handled for a two (2) minute period. A fifteen (15) minute period shall be allowed for the joint to develop hanging strength.
(j) A Cemented pipe joint shall not be made in conditions of excessive moisture (ninety (90) percent humidity level) or if the temperature is below forty (40) degrees or above ninety (90) degrees Fahrenheit.
(k) ABS and PVC pipe and fitting connections to steel, brass, copper, or cast iron pipe shall be either a screwed or caulked joint.
(l) Joints between Schedule 40 PVC or ABS pipe and cast iron pipe may be made by the use of a neoprene gasket produced and labeled as ASTM C564.
(m) Caulk joints shall be made with the use of either a PVC or ABS or cast iron caulking spigot.
(8) Commingling of Plastic Pipe. Plastic pipe shall not be commingled except through the use of male and female adapters or other transition fittings approved in accordance with 815 KAR 20:020, Section 4.
(9) Mixing of plastic and Metal Piping. Plastic and metal piping shall discharge into one another by the use of proper fittings and adapters.
(10) Thermal Expansion. Each plumbing installation shall be engineered and designed giving due consideration to the expansion characteristics of the material. Expansion tables for both PVC and ABS schedule 40 plastic piping are as follows:
Section 10. SDR 11, CPVC plastic pipe and fittings.
(1) Installation. Correct assembly shall consist of the following steps:
(a) Cutting the pipe square;
(b) Removing burrs;
(c) Cleaning both pipe end and fitting socket with a CPVC cleaner in compliance with manufacturer's recommendations, unless using an approved one (1) step cement.
(d) Applying a liberal coat of CPVC solvent cement to the pipe and applying a light coat of cement to the fitting socket, removing all excess cement from the interior which may clog the waterway;
(e) Assembling immediately by bottoming the pipe in the socket and rotating one-quarter (1/4) turn as the joint is assembled.
(f) Removing excess cement from the joint; and
(g) Determining if the joint has been properly assembled by looking for a small bead of cement to appear at the junction between the pipe or tubing and the fitting.
(2) Installation Temperature. Extra care shall be taken if installing in temperatures below forty (40) degrees Fahrenheit or above 110 degrees Fahrenheit. The manufacturer's installation instructions shall be followed carefully.
(3) Hangers and Supports. Support shall be provided at each floor level for piping installed in vertical runs. For horizontal runs, support shall be provided at three (3) foot intervals for pipe one (1) inch or less in diameter and at four (4) foot intervals for larger pipe sizes. Piping shall not be anchored tightly to a support but secured with smooth straps or hangers allowing for movement caused by expansion and contraction. Hangers shall not have rough or sharp edges that come in contact with the piping.
(4) CPVC-to-metal Transitions. CPVC threaded adapters shall not be used to transition from CPVC to metal. Union type fittings that use gaskets or o-rings to seal dissimilar connections shall not be used. Compression type transition fittings, over-molded transition fittings and push-type fittings that meet the ASSE 1061 standard may be used.
(5) Thermal Expansion. The linear thermal expansion rate for CPVC is approximately one-half (1/2) inch for each ten (10) degrees Fahrenheit temperature change for each 100 feet of pipe or tubing. If installing long runs of pipe, one-sixteenth (1/16) to three thirty-seconds (3/32) inch longitudinal clearance shall be allowed per foot of run to accommodate thermal expansion. Offsets of twelve (12) inches or more every ten (10) feet shall be included on vertical risers if they are restrained by horizontal branches at each floor.
Section 11. PEX.
(1) PEX that is to be used for cold water only shall be produced and labeled as established by ASTM F876.
(2) PEX that is to be used for either cold water or hot water shall be produced and labeled as established by ASTM F877.
(3) PEX-Al-PEX shall be produced and labeled as established by ASTM F1281.
(4) Cold expansion fittings with PEX reinforcing rings for use with PEX tubing shall be produced and labeled as established by ASTM F1960.
(5) Metal insert fittings utilizing a copper crimp ring shall be produced and labeled as established by ASTM F1807.
(6) Stainless steel clamps substituted for the copper crimp ring shall be produced as established by ASTM F2098.
(7) Plastic insert fittings for PEX shall be produced as established by ASTM F2159.
(8) Push fit fittings for PEX shall be produced as established by ASSE 1061.
(9) Metal insert fittings for PEX/aluminum/PEX composite pressure pipe shall be produced as established by ASTM F1974.
(10) Metal insert fittings utilizing a copper crimp ring for PEX-AL-PEX shall be produced as established by ASTM F2434.
(11) Installation.
(a) Water service installation.
-
Tubing shall be snaked in the ditch to allow for linear expansion and contraction.
-
Tubing shall not be installed in contaminated soils.
-
PEX shall not be installed in areas of known soil contamination or where there is a high risk of chemical spills such as organic solvents or petroleum distillates.
-
Metallic fittings other than those consisting of red brass shall be protected from the soil to prevent corrosion.
-
The number of fittings shall be kept to a minimum.
-
The bottom of the trench shall be flat and free of rocks, hollows, or other sharp objects.
-
If placed in soil consisting of rock, piping shall be covered with six (6) inches of coarse sand or pea gravel
-
If passing through a foundation wall, a rigid sleeve that spans the distance from within the wall out to the undisturbed soil shall be used to prevent shearing of the tubing.
(b) Distribution system.
-
If PEX is to be buried under a building, fittings shall not be used.
-
PEX passing through a concrete slab or wall shall be protected by use of sleeves.
-
PEX passing through metal studs or plates shall be protected by plastic grommets de-signed for this purpose.
-
PEX shall not be used in operating conditions inconsistent with pressure ratings that appear on the tubing and the applicable ASTM standard.
-
PEX shall not be installed:
a. Where it may be exposed to direct or indirect ultraviolet light (sunlight);
b. Where it may be exposed to open flame;
c. With or exposed to petroleum based caulking or sealants;
d. Where it may be subjected to prolonged exposure to free chlorine concentrations greater than four (4) ppm;
e. Within twelve (12) inches of any recessed light fixture; or
f. Within six (6) inches of any gas appliance metallic vent.
- PEX shall be tested under a pressure not to exceed 100 pounds per square inch nor less than forty (40) pounds per square inch.
(12) Hangers and supports.
(a) PEX sizes one (1) inch and smaller installed horizontally shall be supported at intervals not to exceed thirty-two (32) inches.
(b) PEX sizes 1-1/4" and larger installed horizontally shall be supported at intervals not to exceed forty-eight (48) inches.
(c) PEX installed vertically shall be supported at the base of each story with a mid-story guide.
(d) PEX shall not be rigidly anchored but shall be installed to allow room for proper expansion and contraction of the tubing.
(e) Hangers or strapping shall be constructed of plastic material or be coated to prevent damage to the tubing.
(f) PEX-Al-PEX installed horizontally shall be supported at intervals not to exceed ninety-eight (98) inches.
(g) PEX-Al-PEX installed vertically shall be supported at the base of each story with a mid-story guide.
Section 12. Lead Pipe.
(1) Lead soil, waste, and vent pipe shall be produced and labeled as Federal Specifications WW-P-325 and shall not be lighter than the weights established in the following table:
(2) Lead bends and lead traps. All lead bends and lead traps shall be of the weight known as extra heavy (XH) and shall have at least one-eighth (1/8) inch wall thickness.
(3) Joints.
(a) Joints in lead pipe or between lead pipe and brass or copper pipes, ferrules, soldering nipples, or trap, shall be full-wiped joints with an exposed surface of the solder at each side of the joint of not less than three-quarters (3/4) of an inch.
(b) The minimum thickness of the thickest part of the joint shall be at least as thick as the material being used.
(c) If lead pipe is used for acid waste lines, the pipe may be joined by burning.
(d) The joints between lead to cast iron, steel, or wrought iron shall be made by means of a caulking ferrule or a soldering nipple.
Section 13. Unions. Unions shall be ground faced and shall not be concealed or enclosed.
Section 14. Integral Flashing and Roof Joints.
(1) If a roofing system requires integral flashing, a flashing material, which is part of the manufactured roofing system and required by the roofing manufacturer to guarantee or warranty the roofing system, shall be used.
(2) The joint at the roof shall be made watertight by the use of copper, lead, or other approved flashing or flashing material.
(3)
(a) Except as established in paragraph (b) of this subsection, the approved flashing shall:
-
Not extend less than six (6) inches from the pipe in all directions; and
-
Extend upward twelve (12) or more inches and turn down into the pipe.
(b) Lead flashings for three (3) inch and four (4) inch vent stacks shall have a minimum twelve (12) inch base.
(4) A hub flashing may be used if it is constructed in a manner allowing the flashing to be caulked into a hub above the roof.
Section 15. Wall or Floor Flange Joints. Wall or floor flange joints shall be made by using a lead ring or brass flange and shall be properly soldered.
Section 16. Sheet Lead. Sheet lead for a shower pan shall not weigh less than four (4) pounds per square foot and shall not weigh less than two and one-half (2 1/2) pounds per square foot for vent pipe flashings.
Section 17. Sheet Copper or Brass. Sheet copper or brass shall not be lighter than No. 18 B. & S. gauge, except local and interior ventilating pipe shall not be lighter than No. 26 B. & S. gauge.
Section 18. Threaded Fittings.
(1) A plain screw fitting shall be either castiron, malleable iron, or brass of standard weight and dimension.
(2) A drainage fitting shall be either castiron, malleable iron, or brass, with smooth interior waterway, with threads tapped out of solid metal.
(3) A castiron fitting used in a water supply distribution shall be galvanized.
(4) A malleable iron fitting shall be galvanized.
Section 19. Caulking Ferrules. A caulking ferrule shall be of red brass and shall be in accordance with the following table:
Section 20. Soldering Nipples. A soldering nipple shall be recessed red cast brass, iron pipe size. If cast, they shall be full bore and of minimum weight.
Section 21. Increasers and reducers. If different size pipes or fittings are to be concealed, the proper size increaser or reducer pitched at an angle of forty-five (45) degrees between the two (2) sizes shall be used. This section shall not apply to nonmetallic installations.
Section 22. Floor Flanges for Water Closets and Service Sinks or Similar Fixtures.
(1) A floor flange shall either be:
(a) Hard lead;
(b) Brass;
(c) Cast iron;
(d) Galvanized malleable iron;
(e) ABS; or
(f) PVC.
(2) A hard lead or brass flange shall not be less than one-eighth (1/8) inch thick.
(3) Cast iron or galvanized malleable iron shall:
(a) Not be less than one-fourth (1/4) inch thick; and
(b) Have a two (2) inch caulking depth.
Section 23. Use of Lead.
(1) Lead shall not be used in the installation or repair of a public or private water system providing potable water for human consumption.
(2) This section shall not apply to:
(a) Pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses in which the water is not anticipated to be used for human consumption; or
(b) Toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, service saddles, or water distribution main gate valves that are two (2) inches in diameter or larger.
Section 24. Prohibited Joints and Connections. A fitting or connection that has an enlargement chamber, or recess with a ledge shoulder, or reduction of the pipe area in the direction of the flow shall be prohibited.
Section 25. New Materials.
(1) Materials other than those established in this administrative regulation shall be prohibited unless the material is specifically approved by the division and the department as being equal to or better than the material specified in this code.
(2) It shall be the responsibility of any person or company seeking the approval of a material not included in this code to prove that the material is equal to or better than the material that it is intended to replace.
(3) Procedural requirements for approval of new parts and materials are established in 815 KAR 20:020.
History
- RELATES TO: KRS 318.130, 318.150, 42 U.S.C. 300g-6
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing, including the quality, weight, installation, and storage of material. This administrative regulation establishes the manufacturer's specification number for the quality and weight of material that shall be used in the installation of plumbing systems and establishes minimum specifications for the intended use. This administrative regulation also establishes the minimum requirements for the storage and installation material used in the installation of plumbing systems.
- History: 1 Ky.R. 479; eff. 3-12-1975; 2 Ky.R. 495; 3 Ky.R. 313; eff. 9-1-1976; 445; eff. 1-5-1977; 4 Ky.R. 184; 538; eff. 6-7-1978; Recodified from 401 KAR 1:030, 7-5-1978; Am. 5 Ky.R. 160; eff. 10-4-1978; 6 Ky.R. 133; 384; eff. 1-2-1980; 8 Ky.R. 359; eff. 1-6-1982; 14 Ky.R. 1123; eff. 1-4-1988; 15 Ky.R. 601; 970; eff. 9-28-1988; 17 Ky.R. 2882; eff. 5-3-1991; 18 Ky.R. 2720; eff. 4-3-1992; 19 Ky.R. 999; 1385; eff. 12-8-1992; 27 Ky.R. 1902; 2794; eff. 3-22-2001; TAm eff. 8-9-2007; 35 Ky.R. 2586; 36 Ky.R. 83; eff. 7-29-2009; 41 Ky.R. 169; eff. 9-24-2014; 42 Ky.R. 127; 1193; eff. 11-6-2015; 43 Ky.R. 621; eff. 1-6-2017; 46 Ky.R. 1657, 2424; eff. 6-2-2020.
815 KAR 20:070 Plumbing fixtures {#sec-815-kar-20-070 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:070}
Section 1. Materials. Receptacles used as water closets, urinals, or for the disposal of human excreta, shall be of vitrified earthenware, hard natural stone, or cast-iron with a light color porcelain enameled on the inside, except as established in Section 4 of this administrative regulation.
Section 2. Installation.
(1) Plumbing fixtures shall be installed to allow access for cleaning.
(2) All pipes from fixtures shall be run to the wall.
(3) A trap or pipe shall not extend nearer to the floor than twelve (12) inches except laundry trays or similar fixtures.
Section 3. Water Closet Bowls.
(1) A water closet bowl shall be of one (1) piece construction and hold a sufficient quantity of water when filled to the trap overflow to prevent fouling of its interior surfaces.
(2) A water closet bowl shall be provided with an integral flushing rim to flush the entire interior of the bowl.
Section 4. Plastic Water Closet Bowl and Tank.
(1) A plastic water closet bowl and tank shall be constructed with a PP lining inside the one (1) piece bowl and tank.
(2) The outer surface of the bowl shall be constructed of PVC material.
(3) The filler material between the lining and outer surface shall be made of polyurethane foam.
(4) The bowl shall have:
(a) A three (3) inch water seal; and
(b) A two and one eighth (2 1/8) inch waste opening passage.
Section 5. Frost-proof Closet.
(1) A frost-proof water closet may be installed only in a building that has at least a twelve (12) inch air break between it and any building used for habitation or occupancy.
(2) The frost-proof water closet room shall:
(a) Be tightly enclosed and accessible from the outside only;
(b) Have a nonabsorbent floor;
(c) Have a soil pipe between the trap and hopper of four (4) inches in diameter; and
(d) Have a four (4) inch vent.
Section 6. Floor and Shower Drains.
(1) A floor drain or a shower drain shall be considered a plumbing fixture and shall be provided with a strainer.
(2) Shower drain pan construction.
(a) A shower drain pan shall be constructed to a minimum height of six (6) inches on all vertical walls.
(b) A shower drain pan shall not be required on a concrete floor below the outside grade level.
(c) A shower drain pan shall be constructed of:
-
Sheet lead weighing not less than four (4) pounds per square foot;
-
Nonplasticized chlorinated polyethylene produced and labeled as ASTM D412 and D1204, which shall be not less than four hundredths (0.040) inches thick;
-
Nonplasticized PVC sheet material produced and labeled as ASTM D1004, D412, D412 - 06A, and D1790, which shall be not less than four hundredths (0.040) inches thick; or
-
Other approved material as established in 815 KAR 20:020, Section 4.
(3) Fiberglass bathtubs, showers, tub enclosures, and shower stalls.
(a) Fiberglass bathtubs and tub enclosures shall be produced and labeled as ANSI Z124.1.
(b) Acrylic-faced bathtubs shall be produced and labeled as ASTM E84 - 08A or E162.
(c) Fiberglass shower stalls and shower receptors shall be produced and labeled as ANSI Z124.2.
(4) Metamorphosed carbonate aggregate polyester resinous martrix-marbleoid bathtubs, lavatories, and shower stalls.
(a) Metamorphosed carbonate aggregate polyester resinous martrix-marbleoid bathtubs shall be produced and labeled as ANSI Z124.1.
(b) Lavatories shall be produced and labeled as ANSI Z124.3.
(c) Shower stalls shall be produced and labeled as ANSI Z124.2.
Section 7. Fixture Strainers.
(1) A fixture, other than a water closet or a pedestal urinal, shall be provided with a strainer.
(2) The outlet area of the strainer shall not be less than the interior area of the trap.
Section 8. Fixture Overflow. The overflow from a fixture shall be optional, but if used, the overflow shall be connected to the inlet side of a trap and accessible for cleaning.
Section 9. Fixture Additions. A fixture added to a plumbing system shall be installed to comply with all applicable sections of the code.
Section 10. Defective Fixtures. If a newly installed fixture is found to be defective by the department or if an old fixture is found to be in an unusable condition, it shall be repaired, replaced, or removed within thirty (30) days upon written notice from the department.
Section 11. Conservation of Water.
(1) Showers. A shower used for other than safety reasons shall be equipped with an approved flow control device, which shall limit the total flow to a maximum of two and one-half (2.5) gallons per minute per shower head.
(2) Lavatories.
(a) Public facilities (domestic hot water only). Lavatories in restrooms of public facilities shall be equipped with an outlet device, which shall limit the flow of domestic hot water to a maximum of seventy five hundredths (0.75) gallons per minute.
(b) Non-public facilities (domestic hot and cold water). Lavatory faucets other than those in restrooms of public facilities) shall be equipped with a flow control device, which shall limit the flow of domestic water to a maximum of two (2.0) gallons per minute.
(c) 3. Sink faucets (domestic hot and cold water). Sink faucets shall be equipped with a flow control device, which shall limit the flow of domestic water to a maximum of two and one-half (2.5) gallons per minute.
(3) Water closets.
(a) Residential (private use) installations. A water closet for private use in a single family dwelling, duplex, or townhouse, condominium or apartment unit shall not exceed one and six-tenths (1.6) gallons per flush.
(b) Commercial (public use) installations. A water closet for public use, including a commercial building, shall not exceed three and one-half (3.5) gallons per flush.
(4) Urinals. A urinal shall not exceed one (1.0) gallon per flush.
(5)
(a) The provisions of this section shall apply to new construction, renovation, or replacement in an existing structure.
(b) Upon compliance with the requirements of this section, the department shall permit the installation of a tank type water closet equipped with devices found by the inspector to meet applicable specifications in water closets having a tank capacity in excess of three and one-half (3 1/2) gallons (thirteen and three-tenths (13.3) liters).
(c) The department shall allow the use of a standard flush water closet and a urinal that does not meet the specific specifications if the configuration of the building drainage system requires a greater quantity of water to adequately flush the system, or if the owner requests the use of antique fixtures that would not be equipped for reduced flow.
Section 12. Specifications.
(1) Copies of ANSI specifications identified in this administrative regulation may be obtained, subject to applicable copyright law, by writing the American National Standards Institute, 1430 Broadway, New York, New York 10018.
(2) Copies of ASTM specifications identified in this administrative regulation may be obtained, subject to applicable copyright law, by writing the American Society for Testing Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103.
History
- RELATES TO: KRS 318.010, 318.015, 318.150, 318.200
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate an administrative regulation establishing the Kentucky State Plumbing Code regulating plumbing, including the kind, type, and quality of plumbing fixtures to be used in the construction of plumbing systems. This administrative regulation establishes the requirements for plumbing fixtures to be used in Kentucky.
- History: PC-7-9; 1 Ky.R. 483; eff. 3-12-1975; 2 Ky.R. 455; eff. 4-14-1976; 3 Ky.R. 448; eff. 1-5-1977; Recodified from 401 KAR 1:040, 7-5-1978; 8 Ky.R. 361; 769; eff. 1-6-1982; 9 Ky.R. 46; eff. 8-11-1982; 833; eff. 2-2-1983; 1237; eff. 6-1-1983; 10 Ky.R. 453; eff. 11-2-83; 11 Ky.R. 73; eff. 8-7-1984; 13 Ky.R. 785; eff. 11-11-1986; 1940; eff. 6-9-1987; 16 Ky.R. 1270; eff. 1-25-1990; 19 Ky.R. 1002; 1387; eff. 12-8-1992; 20 Ky.R. 3117; eff. 7-7-1994; 21 Ky.R. 1391; eff. 1-9-1995; 2533; eff. 6-1-1995; 23 Ky.R. 3975; eff. 6-25-1997; 32 Ky.R. 2365; 33 Ky.R. 406; eff. 9-1-2006; 35 Ky.R. 2588; 36 Ky.R. 85; eff. 7-29-2009; 37 Ky.R. 2759; eff. 8-5-2011; 41 Ky.R. 169; eff. 9-24-2014; 46 Ky.R. 1664, 2429; eff. 6-2-2020.
815 KAR 20:080 Waste pipe size {#sec-815-kar-20-080 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:080}
Section 1. The minimum size (nominal inside diameter) of traps, soil, or waste branches for a given fixture shall not be less than that established in the following table:
History
- RELATES TO: KRS Chapter 318
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing, including the sizes of waste piping. This administrative regulation establishes the minimum size of waste piping required for certain fixtures.
- History: 1 Ky.R. 481; eff. 3-12-1975; Recodified from 401 KAR 1:050, 7-5-78; Am. 9 Ky.R. 47; eff. 8-11-1982; TAm eff. 8-9-2007; 43 Ky.R. 460; eff. 11-16-2016; 46 Ky.R. 1667; eff. 6-2-2020.
815 KAR 20:090 Soil, waste, vent systems, traps, and clean-outs {#sec-815-kar-20-090 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:090}
Section 1. Materials.
(1) Main or branch soil, waste, and vent pipes and fittings within or underneath a building shall be:
(a) Hub and spigot extra heavy or service weight cast iron;
(b) No-hub service weight cast iron;
(c) Galvanized steel;
(d) Galvanized wrought iron;
(e) Lead;
(f) Brass;
(g) Types K, L, M, and DWV copper;
(h) Standard high-frequency welded tubing produced and labeled with the latest ASTM specifications;
(i) Types R-K, R-L, R-DWV brass tubing;
(j) DWV brass tubing produced and labeled as ASTM B587;
(k) Seamless stainless steel tubing;
(l) Grade G or H produced and labeled as ASTM A312;
(m) PVC schedule 40 or 80 produced and labeled as ASTM D2665, D1784, and F891;
(n) Coextruded composite PVC pipe produced and labeled ASTM F1488;
(o) ABS schedule 40 or 80 produced and labeled as ASTM D2661, F1488, or F628;
(p) CPVC schedule 40 or 80; or
(q) Silicon iron or borosilicate.
(2) A main or branch soil waste and vent pipe and fittings underground shall either be:
(a) Hub and spigot extra heavy or service weight cast iron;
(b) No-hub service weight cast iron;
(c) Type K or L copper pipe;
(d) Type R-K, R-L brass tubing;
(e) Lead; or
(f) Silicon iron or borosilicate pipe and fittings or plastics DWV established in this section.
(3) Underground waste pipe installed beneath a concrete slab shall:
(a) Not be less than two (2) inches in diameter; and
(b) Extend no less than twelve (12) inches above the concrete slab.
(4) A trap for a bathtub, lavatory, sink, or other similar fixture shall be made of:
(a) Tubular brass;
(b) Tubular ABS or PVC produced and labeled as ASTM F409;
(c) Cast brass;
(d) Cast iron;
(e) Lead;
(f) Schedule 40 PVC;
(g) Schedule 40 ABS;
(h) Grade G or H produced and labeled as ASTM A312; or
(i) CPVC schedule 40 or 80.
(5) A tubular or schedule 40 PVC, or a tubular or schedule 40 ABS p-trap shall be either the union-joint or solvent welded type.
(6) A tubular brass trap shall be seventeen (17) gauge.
(7) A tubular brass trap, tubular PVC trap, or tubular ABS trap shall not be installed below the finished floor serving a fixture.
(8) The threads in a cast brass or cast iron trap shall be tapped out of solid metal.
(9) A lead trap shall be extra heavy.
Section 2. Trap Requirements.
(1) Trap placement. A fixture shall be separately trapped by a water-seal trap placed as near as possible to the fixture, but not to exceed ten (10) inches from the bottom of the fixture to the dip of the seal.
(2) Water seal. A fixture trap shall have a water seal not less than two (2) inches nor more than four (4) inches.
(3) Waste discharge. Waste from a bathtub or other fixture shall not discharge into a water closet bend.
(4) Double trap prohibition. A fixture shall not be double trapped.
(5) A trap shall have a full-bore, smooth interior waterway.
(6) Self-cleaning. A trap shall be self-cleaning.
(7) Trap clean-outs. A trap clean-out shall be optional.
(8) Trap levels and protection. A trap shall be:
(a) Set true with respect to its water seal; and
(b) Protected from frost and evaporation
(9) Trap primers. Trap primers shall be required on:
(a) Floor drains only in mechanical rooms or boiler rooms; and
(b) All open receptacles that receive the discharge from a temperature and pressure relief device discharge only.
(10) Protected Traps and Vents.
(a) A fixture trap shall be protected against siphonage and backpressure.
(b) Air circulation shall be assured by means of an individual vent.
(c) A crown vent shall not be permitted.
(d) An open drain, such as a hub drain or open receptacle, shall not be installed within a plenum space.
(11) Distance of Trap from Vent.
(a)
-
The distance between the vent and the fixture trap shall be measured along the center line of the waste or soil pipe from the vertical inlet of the trap to the vent opening.
-
The fixture trap vent, except for a water closet or a similar fixture, shall not be below the dip of the trap, and each ninety (90) degree turn in the waste line of the main waste, soil, or vent pipe shall be washed.
-
A fixture trap shall have a vent located with a developed length not greater than that in the following table:
(b) A fixture branch on a water closet shall not be more than four (4) feet six (6) inches.
(12) Grease traps.
(a) If a grease trap is installed, it shall be:
-
Placed as near to the fixture it serves as practical; and
-
Approved by the department.
(b) A grease trap used inside a building shall:
-
Have a sealed cover; and
-
Be properly vented.
(c) A grease trap for a restaurant, food service establishment, or other business establishment shall be installed:
-
As required by municipal ordinance; or
-
As required by 902 KAR 10:085, if a food establishment uses a private sewage system.
(13) Sand Traps. A sand trap shall be:
(a) Readily accessible; and
(b) Serve the purpose intended.
(14) Slip joints.
(a) Slip joints shall be permitted on the inlet side of the trap.
(b) A single one and one-half (1 1/2) inch slip joint connection with an elastomeric gasket shall be permitted on the outlet side of a one and one-half (1 1/2) inch trap.
Section 3. Pipe Clean-out Requirements.
(1) The bodies of clean-out ferrules shall be made in a standard pipe size, conforming in thickness to that of the pipe and fittings and shall not extend less than one-quarter (1/4) inch above the hubs in which they are placed.
(2) The clean-out cap or plug shall be yellow-brass, PVC, or ABS no less than one-eighth (1/8) inch thick and shall have a raised nut or recessed pocket for removal.
(3) In a building served by a stack over forty-five (45) feet in height, a clean-out shall be provided at the base of each vertical waste or soil stack.
(4) There shall be at least one (1) clean-out in the building drain with a full-size branch inside the wall or outside the building at a point not to exceed two (2) feet from the foundation wall. This clean-out shall be a two (2) directional fitting or a combination of sanitary tees or tee wyes to allow cleaning in both directions.
(5) If located outside the building, the clean-out shall be extended to the finished grade for accessibility.
(6) A clean-out shall be of the same nominal size as the pipe it serves up to four (4) inches and shall not be less than four (4) inches for larger pipe.
(7) A clean-out installed on a four (4) inch sewer shall be a two (2) directional fitting or a combination of sanitary tees or tee wyes to allow cleaning in both directions.
(8) The distance between clean-outs in all sewers shall not exceed 150 feet.
(9) An underground clean-out in a building shall be:
(a) Flush with the floor or wall; or
(b) Accessible by a manhole.
(10) A floor or wall connection of a fixture shall be regarded as a clean-out, except where the house drain enters a building.
Section 4. Grades and Supports of Horizontal Piping.
(1)
(a) Horizontal piping shall run in practical alignment and at a uniform grade of not less than one-eighth (1/8) inch per foot and shall be supported or anchored in accordance with the manufacturer's recommendations.
(b) The supports or anchors shall not be placed at intervals that exceed ten (10) feet in length.
(2) A stack shall be supported at its base, and each pipe shall be rigidly secured.
(3) No-hub pipe and fittings shall be supported at each joint of pipe and fittings.
(4) PVC and ABS schedule forty (40) horizontal piping shall be supported at:
(a) Intervals not to exceed four (4) feet;
(b) The base of each vertical stack; and
(c) Each trap branch as close to the trap as possible.
(5) PE pipe and fittings shall be continuously supported with a V channel.
(6) A stack shall be rigidly supported at its base and at the floor level.
Section 5. Change in Direction.
(1) Except as provided in subsections (2), (3), or (4) of this section, a change in direction shall be made by the appropriate use of a forty-five (45) degree wye, half-wye, quarter (1/4), sixth (1/6), eighth (1/8) or sixteenth (1/16) bend.
(2) A single sanitary tee may be used in a vertical stack.
(3) A sanitary tee may be turned on its back or side. If turned on its back or side, a sanitary tee shall not be placed at an angle of more than forty-five (45) degrees.
(4) A double sanitary tee may be used on a vertical soil, waste, and vent line.
Section 6. Direct Flow Fittings and Continuous-waste. A kitchen sink unit or a fixture with more than one (1) unit may be connected with a continuous-waste, if a directional flow fitting is used. Continuous-waste shall be either seventeen (17) gauge tubular brass, schedule 40 ABS, schedule 40 PVC, tubular ABS, or tubular PVC.
Section 7. Prohibited Fittings.
(1) The following shall be prohibited:
(a) A double hub bend and double hub tee or inverted hub on a sewer, soil, or waste line;
(b) The drilling and tapping of a house sewer or house drain, soil, waste, or vent pipe;
(c) The use of a saddle hub; and
(d) Pipe installed with a hub or restriction that reduces the area or capacity of the pipe.
(2) Prohibited traps. A trap shall not be used if the trap depends upon:
(a) The action of a movable part; or
(b) Concealed interior partition for its seal.
Section 8. Dead Ends. A dead end shall not be used in the installation of a drainage system.
Section 9. Protection of Material.
(1) A pipe passing under or through a wall shall be protected from breakage.
(2) A pipe passing through or under cinder, concrete, or other corrosive material shall be protected against external corrosion.
(3)
(a) Soil, waste, or vent pipe shall not be installed or permitted outside a building unless adequate provision shall be made to protect it from frost.
(b) The vent shall be increased to full size, the size of the increaser required as if it were passing through the roof.
Section 10. Size of Soil and Waste Pipe per Fixture Unit on One
(1) Stack. (1) The following table, based on the rate of discharge from a lavatory as a unit, shall be employed to determine fixture equivalents:
(2) A water closet shall be on a minimum of a three (3) inch soil and waste pipe with a maximum of three (3) water closets or soil discharging fixtures per three (3) inch soil and waste pipe. Four (4) water closets with a maximum flushing rate of one and six-tenths (1.6) gallons per flush per water closet shall be allowed to discharge into a three (3) inch soil and waste pipe.
Section 11. Soil and Vent Stacks.
(1) A building in which a plumbing fixture is installed shall have a soil or waste and vent stack, or stacks, extending full size through the roof.
(2) A soil or waste and vent stack shall be as direct as possible and free from sharp bends or turns.
(3) The required size of the soil or waste and vent stack shall be determined from the total fixture units connected to the stack in accordance with Section 10 of this administrative regulation except that more than:
(a) Three (3) water closets with a flush rate of three and five-tenths (3.5) gallons per flush shall not discharge into a three (3) inch stack; and
(b) Four (4) water closets with a flush rate of one and six-tenths (1.6) gallons per flush or less shall not discharge into a three (3) inch stack.
Section 12. Future Openings. An existing opening or an opening installed in a plumbing system for future use shall be complete with its soil, waste, and vent piping and shall comply with this administrative regulation.
Section 13. House Drain.
(1) The size of the house drain shall be determined by the total number of fixture units connecting to the house drain. The total area of vents through the roof shall be equal to that of the house drain with a minimum of one (1) three (3) inch stack.
(2) If a three (3) inch house drain enters a building, it shall be attached to a three (3) inch stack. One (1) floor drain may be added to the house drain if it conforms with the requirements of Section 23 of this administrative regulation, without counting toward the fixture units of the system.
Section 14. Soil and Waste Stacks, Fixture Connections.
(1) A soil and waste stack or branch shall have correctly faced inlets for fixture connections.
(2) Each fixture shall be independently connected to the soil or waste system.
(3) A fixture connection to a water closet, floor-outlet pedestal sink, pedestal urinal, or other similar plumbing fixture shall be:
(a) Cast iron;
(b) Lead;
(c) Brass;
(d) Copper; or
(e) Plastic closet bend.
(4) A three (3) inch closet bend shall have a four (4) inch by three (3) inch flange.
Section 15. Changing Soil and Vent Pipes in an Existing Building. Soil, waste, and vent piping shall be replaced with appropriate size and materials for new work as prescribed by this administrative regulation, if:
(1) The fixtures are to be changed or replaced; and
(2)
(a) The soil, waste, and vent piping in an existing building is not extended undiminished through the roof; or
(b) There is sheet metal soil or waste piping.
Section 16. Prohibited Connections.
(1) A fixture connection shall not be made to a lead bend or a branch of a water closet or a similar fixture.
(2) A vent pipe above the highest installed fixture on a branch or main shall not be used as a soil or waste pipe.
Section 17. Roof Extensions.
(1) A roof extension of soil and waste stacks shall run full size at least one (1) foot above the roof.
(2) If the roof is used for purposes other than weather protection, the extension shall not be less than five (5) feet above the roof.
(3)
(a) A stack of less than three (3) inches in diameter shall be increased to a minimum of three (3) inches in diameter before passing through a roof.
(b) If a change in diameter is made, the fitting shall be placed at least one (1) foot below the roof.
Section 18. Terminals.
(1) Terminals on buildings. The terminus of a stack or vent shall extend at least two (2) feet above the top edge of a door, window, scuttle, or air shaft, if the roof terminus is:
(a) Within ten (10) feet of the top, bottom, face, or side edge of a door, window, scuttle, or air shaft; and
(b) Not screened from the opening by a projecting roof or building wall.
(2) Terminals Adjoining High Buildings.
(a) Except when soil, waste, or vent piping is protected from freezing, a pipe extension of a new or existing building shall be installed inside the building and shall not run or be placed on an outside wall.
(b) If the new building is built higher than the existing building, the owner of the new building shall not locate a window within ten (10) feet of an existing vent stack on the lower building.
Section 19. Main Vents to Connect at Base.
(1) All main vents or vent stacks shall:
(a) Connect full size at the base of the main soil or waste pipe at or below the lowest fixture branch; and
(b) Extend undiminished in size through the roof or be reconnected with the main soil or vent stack at least six (6) inches above the rim of the highest fixture.
(2)
(a) Except as established in paragraph (b) of this subsection, if it becomes necessary to increase the size of a vertical vent stack, the entire stack shall be increased from its base.
(b) If the height of a stack which does not serve as the main vent is less than forty-five (45) feet, it shall not be required to be increased from its base.
Section 20. Vents; Required Sizes.
(1) The required size of a vent or vent stack shall be determined by the total number of fixture units it serves and the developed length of the vent, interpolating, if necessary, between permissible length of vent given in the following table:
(2) Except for a residential installation, if a fixture opening is installed more than twenty-five (25) feet of developed length from the point where it is connected to the main soil or waste system, or, if more than ten (10) feet of vertical piping is used, the vent shall be continued full size through the roof or returned full size to the main vent.
Section 21. Branch and Individual Vents. A branch or individual vent shall not be less than one and one-fourth (1 1/4) inches in diameter and shall not exceed the maximum length permitted for a main vent.
Section 22. Vent Pipes Grades and Connections.
(1) A vent or branch vent pipe shall be free from drops or sags and be so graded and connected as to drip back to the soil or waste pipe by gravity.
(2) If a vent pipe connects to a horizontal soil or waste pipe, the vent branch shall be taken off above the center line of the pipe, and the vent pipe shall rise vertically at an angle of forty-five (45) degrees to the vertical, to a point six (6) inches above the fixture it is venting before offsetting horizontally or connecting to the branch, main, waste, soil or vent.
Section 23. Vents Not Required; Backwater Traps, Subsoil Catch Basin, and Basement Floor Drains.
(1) A vent shall not be required on a backwater trap, subsoil catch basin trap, or a basement floor drain if the basement floor drain branches into the house drain so that measuring along the flow line from the center of the stack, the floor drain shall not be closer than five (5) feet of the stack, nor farther than twenty (20) feet.
(2) A basement floor drain shall not require an individual vent if it branches into the house drain so that measuring along the flow line from the center of the house drain the basement floor drain shall not be farther than ten (10) feet from the house drain.
Section 24. Permissible Common Vent Conditions.
(1) A common vent or a common soil and waste pipe may be used if:
(a) Two (2) water closets, two (2) lavatories, or two (2) fixtures of identical purpose are located on opposite sides of a wall or partition; or
(b) Directly adjacent to each other within the distance established in Section 2(11) of this administrative regulation measured along the center line of the flow of water.
(2) Double sanitary tee or sanitary cross shall not be used if a common vent or a common soil and waste pipe are connected through a double fixture fitting for a water closet of less than 1.6 gallons per flush.
(3) A common vent or common soil and waste pipe shall be vented in accordance with this administrative regulation.
Section 25. Floor Drain Individual Vent Not Required.
(1) A manufacturer's floor drain shall not require an individual vent if placed on a waste line for a floor drain within the distance of ten (10) feet from the main waste line, or stack, if the base of the stack is washed and the stack or stacks are undiminished through the roof, or connected to a main vent stack.
(2) An open receptacle may be connected to a floor drain line without being vented if the waste line discharges into a four (4) inch master trap before entering the sanitary sewer system.
Section 26. Floor Drain at a sewage and water treatment plant. A floor drain or service sink installed on the operational floor level of a sewage and water treatment plant facility that discharges into an open sump and is not connected directly to the sanitary sewage system shall not be required to be trapped or vented.
Section 27. House Drain Material. A house drain shall be:
(1) Extra heavy cast iron;
(2) Service weight cast iron;
(3) Brass;
(4) Type (K) or (L) copper;
(5) Lead;
(6) ABS or PVC plastic; or
(7) Duriron.
Section 28. Indirect Waste Connections.
(1) Waste pipe from a refrigerator drain or other receptacle where food is stored or waste water from a water cooled compressor shall connect indirectly with the house drain, soil, or waste pipe.
(2) The drain shall be vented to the outside air.
(3) The waste pipe shall discharge into an open sink or another approved open receptacle that is properly supplied with water in accordance with this administrative regulation.
(4) The connection shall not be located in an inaccessible or unventilated area.
Section 29. Bar and Soda Fountain Wastes.
(1)
(a) A bar and soda fountain waste, sink, or receptacle shall have a one and one-half (1 1/2) inch P trap and branches.
(b) The main shall not be less than two (2) inches.
(c) The fresh air pipe shall not be less than one and one-half (1 1/2) inches.
(d) The main waste line shall discharge into a properly vented and trapped open receptacle inside or outside a building.
(2) A floor receptor or floor sink may be installed flush with the finished floor if it has a full grate with an attached funnel to receive indirect waste.
(3) A floor receptor or floor sink installed specifically for the indirect wastes from a tilting braising pan, tilting kettle, or other similar equipment may be installed level with or slightly recessed in the floor if the receptor is equipped with a proper strainer and receives no other indirect waste.
Section 30. Open Receptacles. Soil or waste piping receiving the discharge from an open receptacle shall be at least six (6) inches above the surface of the ground if it discharges into a septic system.
Section 31. Refrigerator and Condensate Wastes.
(1) A refrigerator or condensate discharge waste pipe shall not be less than:
(a) One and one-half (1 1/2) inches for one (1) to three (3) openings; and
(b) Two (2) inches for four (4) to eight (8) openings.
(2) Each opening shall be trapped.
(3) The waste piping shall be equipped with sufficient cleanouts to allow for thorough cleaning.
Section 32. Overflow Pipes.
(1) Waste from a water supply tank or exhaust from a water lift shall not be directly connected to a house drain, soil, or waste pipe.
(2) The waste pipe shall discharge upon a roof or into a trapped open receptacle.
Section 33. Acid and Chemical Wastes.
(1) A corrosive liquid shall not be permitted to discharge into the soil, waste, or sewer system unless otherwise permitted by this administrative regulation.
(2) The waste shall be thoroughly diluted or neutralized by passing through a properly constructed and acceptable dilution or neutralizing pit before entering the house sewer.
Section 34. Laboratory Waste Piping.
(1) Laboratory waste piping shall be sized in accordance with this administrative regulation and each fixture shall be individually trapped.
(2) A continuous waste and vent pipe system may be used if the waste discharges into a vented dilution pit outside the building with a vent equal to the size of the drain. The vent may be eliminated if the pit has a ventilated cover.
(3) If a dilution pit is not required and is not used, the fixtures shall be individually vented.
(4) If construction conditions permit, the base of the stack of the continuous waste and vent system shall be washed by the last fixture opening, and continue full size independently through the roof.
(5) A fixture branch exceeding more than the distance established in the table in Section 2(11) of this administrative regulation from the main shall be revented, and the distance shall be measured from the center of the main to the center of the vertical riser.
(6)
(a) A fixture connection shall rise vertically to a height so that the trap shall not be lower than twelve (12) inches from the bottom of the sink.
(b) Two (2) or more sinks may be connected into a common waste before entering the riser of the continuous waste and vent system, if the fixtures are not more than five (5) feet from the center of one (1) fixture to the center of the other.
Section 35. Acid Waste Piping.
(1) Underground piping for acid wastes shall be:
(a) Extra heavy salt glazed vitrified pipe;
(b) Silicon iron;
(c) Lead;
(d) PE pipe and fittings produced and labeled as ASTM D204;
(e) PP pipe produced and labeled as ASTM D4101;
(f) PP pipe and fittings produced and labeled as ASTM F1412;
(g) CPVC Chemical Waste Drainage Systems meeting ASTM F2618; or
(h) Other materials approved in 815 KAR 20:020, Section 4.
(2) Piping for acid wastes and vents above ground shall be:
(a) Silicon iron;
(b) Lead;
(c) Borosilicate;
(d) PE pipe produced and labeled as ASTM D120462T;
(e) PP pipe produced and labeled as ASTM D410185;
(f) Filament-wound reinforced thermosetting resin pipe produced and labeled as ASTM D2996 (green or poly thread); or
(g) CPVC Chemical Waste Drainage Systems meeting ASTM F2618.
Section 36. Special Vents. A flat vent may be allowed if the design of the building prohibits the type of venting required by this administrative regulation.
Section 37. Basement Floor Drains.
(1) A basement floor drain shall be:
(a) Connected to the house sewer;
(b) Properly trapped and vented;
(c) Readily accessible for cleaning; and
(d) Of sufficient size to serve the purpose intended.
(2) If a drain is subject to back flow or back pressure, the drain shall be equipped with a back water valve that complies with Section 38 of this administrative regulation.
(3)
(a) A basement floor drain shall not be connected to the house sewer and shall be exempt from this section if, prior to the installation, the local health department or sanitary sewage system board, plant, district, or treatment plant owner notifies the division, in writing, that connection is detrimental to the functioning of the sanitary sewer system or subsurface system.
(b) If the drain is not to be connected to the house sewer, the installation shall also be exempt from the waste, trap, and venting provisions of this code.
Section 38. Back Water Valves. A back water valve shall be:
(1) Made of noncorrosive material; and
(2) Constructed to ensure a positive mechanical seal, except if discharging waste.
Section 39. Residential Laundry Room Floor Drains. A two (2) inch floor drain with an individual waste and vent may be installed in a residential laundry room.
History
- RELATES TO: 318.015, 318.130, 318.150,
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code regulating plumbing, including the methods and materials that may be used in Kentucky for soil, waste, and vent systems. This administrative regulation establishes the minimum requirements for and manufacturer's specification number of the material accepted in the installation and design of soil, waste, vent systems, traps, and clean-outs in each type of plumbing system.
- History: 1 Ky.R. 481; eff. 3-12-1975; 2 Ky.R. 148; eff. 8-13-1975; 451; 3 Ky.R. 772; 4 Ky.R. 100; eff. 8-3-1977; 186; 539; eff. 6-7-1978; Recodified from 401 KAR 1:060, 7-5-1978; Am. 6 Ky.R. 134; eff. 1-2-1980; 7 Ky.R. 509; eff. 1-7-1981; 846; eff. 6-3-1981; 9 Ky.R. 834; eff. 2-2-1983; 1238; eff. 6-1-1983; 14 Ky.R. 1129; eff. 1-4-1988; 16 Ky.R. 72; eff. 8-22-1989; 1272; 1590; eff. 8-22-1989; 18 Ky.R. 2722; eff. 4-3-1992; 3537; 19 Ky.R. 411; eff. 8-1-1992; 1192; 1556; eff. 1-4-1993; 22 Ky.R. 1386; eff. 3-7-1996; 23 Ky.R. 2691; 2990; eff. 2-10-1997; 3978; eff. 6-25-1997; 27 Ky.R. 1905; 2796; eff. 3-22-2001; 30 Ky.R. 2393; 31 Ky.R. 88, eff. 8-6-2004; 32 Ky.R. 2367; 33 Ky.R. 408; eff. 9-120-2006; 34 Ky.R. 1239; 1750; eff. 2-1-2008; 35 Ky.R. 2594; 36 Ky.R. 88; eff. 7-29-2009; 35 Ky.R. 2594; 36 Ky.R. 88; 1352; eff. 3-5-2010; 41 Ky.R. 175; eff. 9-24-2014; 43 Ky.R. 461; eff. 11-16-2016; 46 Ky.R. 1668, 2431; eff. 6-2-2020.
815 KAR 20:120 Water supply and distribution {#sec-815-kar-20-120 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:120}
Section 1. Quality.
(1) The bacteriological and chemical quality of the water supply shall comply with the administrative regulations of the department and the Energy and Environment Cabinet, Department for Environmental Protection, Division of Water KAR Title 401. Toxic material shall be kept out of a potable water system.
(a) The pipe conveying, and each surface in contact with, potable water shall be constructed of nontoxic material.
(b) A chemical or other substance that may produce either a toxic condition, taste, odor, or discoloration in a potable water system shall not be introduced into, or used in, the system.
(c) The interior surface of a potable water tank shall not be lined, painted, or repaired with a material that will affect the taste, odor, color, or portability of the water supply if the tank is placed in, or returned to, service.
(2) Potable water shall be accessible to a plumbing fixture that supplies water for drinking, bathing, culinary use or the processing of a medicinal, pharmaceutical, or food product.
(3) The potable water supply system shall be designed, installed, and maintained to prevent contamination from a nonpotable liquid, solid, or gas being introduced into the potable water supply through a cross connection or other piping connection to the system.
(4) A cross connection shall meet the requirements of this administrative regulation.
(5) A cross connection between a private water supply and a public water supply shall not be made.
(6) Closed water systems, protection from excess pressure.
(a) If a single check valve is installed in a water system, a thermal expansion tank sized in accordance with manufacturer's instructions or other pressure relief device listed in 815 KAR 20:020 shall be installed in the cold water supply located near the water heater.
(b) If a backflow preventer is installed in a water system, a properly sized thermal expansion tank or other pressure relief device listed in 815 KAR 20:020 shall be installed in the water distribution system.
(c) If a pressure reducing valve not equipped with a bypass is installed in the cold water supply line to a water heater, a thermal expansion tank or other pressure relief device listed in 815 KAR 20:020 shall be installed in the cold water line near the water heater.
(7) Backflow and back siphonage protection. Protection against backflow shall be provided as required in paragraphs (a) through (l) of this subsection in order of degree of protection provided. Backflow shall include both back pressure and back siphonage.
(a) An air gap shall provide the best level of protection in all backflow situations. The minimum required air gap shall be determined as follows:
-
Measurement. The minimum required air gap shall be measured vertically from the lowest end of a potable water outlet to the flood rim or line of the fixture or receptacle into which it discharges.
-
Size. The minimum required air gap shall be:
a. Twice the effective opening of a potable water outlet; or
b. If the outlet is a distance less than three (3) times the effective opening away from a wall or similar vertical surface, three (3) times the effective opening of the outlet.
- The minimum required air gap shall not be less than shown in the following table - Minimum Air Gaps for Plumbing Fixtures.
(b) Reduced pressure principle back pressure backflow preventer. A reduced pressure principle back pressure backflow preventer shall provide the best mechanical protection against backflow available and shall be considered equivalent to an air gap.
(c) Double check valve assembly. This device shall be a manufactured assembly consisting of two (2) independently acting check valves and including a shutoff valve at each end, and petcock and test gauge for testing the watertightness of each check valve.
(d) Pressure type vacuum breaker.
(e) Atmospheric type vacuum breaker. If applicable, an atmospheric type vacuum breaker shall be installed after the last cutoff valve on the water line. This device may operate under normal atmospheric pressure if the critical level (CL) is installed at the required height in accordance with the table in this paragraph:
(f) Barometric loop. The use of a barometric loop shall not be acceptable as the primary back siphonage preventer.
(g) Location of backflow and back siphonage preventers.
-
A backflow and back siphonage preventer shall be in an accessible location, and accessible from within the same room as the fixture or connection it protects.
-
A backflow device may be installed in a utility or service space.
-
A device or air gap shall not be installed in a location subject to flooding or freezing.
(h) Inspection of devices.
-
A periodic inspection shall be made of each backflow and back siphonage preventer to determine if it is in proper working condition.
-
A reduced pressure principle back pressure backflow preventer shall be tested on at least an annual basis.
-
Records shall be kept on each inspection.
(i) Approval of devices.
-
Before a device for the prevention of backflow or back siphonage is installed, it shall be identified as meeting the applicable specifications as listed in the application chart included in paragraph (k) of this subsection.
-
A device installed in a building potable water supply distribution system for protection against backflow shall be maintained in good working condition by the person responsible for the maintenance of the system.
(j) Degree of hazard. The protection required at an outlet or connection shall be determined based on the degree of hazard posed by that outlet or connection as follows:
-
Severe hazard, if there is potential for contamination by a toxic substance or disease- causing organism;
-
Moderate hazard, if there is potential for contamination by a nontoxic but objectionable substance; or
-
Minor hazard, if there is potential for contamination by a generally nontoxic, nonobjectionable substance, but which may cause the consumer to question the quality of water.
(k) Minimum acceptable protection. An opening or outlet shall be protected by an air gap between the opening and flood level rim if possible. The acceptable protection for various types of outlets or connections shall be as shown in the tables in this paragraph:
(l) Protection of potable water system. A potable water opening, outlet, or connection, except one (1) that serves a residential unit, shall be protected against backflow in accordance with paragraphs (a) through (k) of this subsection.
Section 2. Water Required.
(1) A building equipped with a plumbing fixture and used for habitation or occupancy shall be equipped with a supply of potable water.
(2) In a building used as a residence or a building in which people assemble or are employed, both hot and cold water shall be supplied.
Section 3. Water Service.
(1) The water service piping to a building shall:
(a) Not be less than three-fourths (3/4) inch nominal pipe size; and
(b) Be of sufficient size to permit a continuous and ample flow of water to each fixture in the building.
(2) If the water service piping is made of plastic or other nonconductive piping, the water service piping shall be installed with an insulated copper tracer wire adjacent to the piping.
(a) Access shall be provided to the tracer wire within the building at the main supply control valve.
(b) The tracer wire shall:
-
Not be less than eighteen (18) AWG; and
-
Be suitable for direct burial.
(3) Except as provided in this subsection, the underground water service pipe from the main or water supply system to the water distribution system shall not be less than five (5) feet apart horizontally from the house sewer and shall be separated by undisturbed or compacted earth. The pipe may be placed in the same trench if:
(a) The bottom of the water service pipe at all points is at least eighteen (18) inches above the top of the sewer at its highest point;
(b) The water service pipe is placed on a solid shelf excavated at one (1) side of the common trench; and
(c) The number of joints in the water service pipe is kept to a minimum.
(d)
-
If the water service pipe and sewer intersect, then a sleeve shall be used on the water service pipe extending five (5) feet on either side of the intersection.
-
The sleeve shall be of material approved for water service pipe as established in 815 KAR 20:020.
-
The sleeve shall be sealed on each end to prevent debris from entering the sleeve.
Section 4. Distribution.
(1) The water supply shall be distributed through a piping system entirely independent of another piping system.
(2) Piping which has been used for a purpose other than conveying potable water shall not be used for conveying potable water.
(3) Nonpotable water may be used for flushing a water closet or urinal, if the water is piped in an independent system.
(a) If a dual water distribution system is used, the nonpotable water supply shall be durably and adequately identified.
(b)
-
An outlet on the nonpotable water distribution system used for a drinking or domestic purpose shall be permanently posted: DANGER - UNSAFE WATER.
-
Each branch, fitting, or valve shall be identified by the phrase - "NONPOTABLE WATER" either by a sign or brass tag that shall be permanently affixed to the pipe, fitting, or valve.
-
The identification marking shall not be concealed and shall be maintained by the owner.
(4) A backflow device or cross-connection control device shall be approved by the department.
(5) A combination stop and waste valve, cock, or hydrant shall not be installed in the underground water distribution system without the installation of an approved backflow preventer.
(6) A private water supply shall not be interconnected with a public water supply.
(7) Water used for cooling of equipment or in another process shall not be returned to the potable water system. The water shall be discharged into a drainage system through an air gap, or used for a nonpotable purpose as referenced in this section.
(8) Hose connections other than those intended for clothes washing machines, frost proof burial hydrants, and water heater drain valves shall be equipped with a vacuum breaker ASSE 1011 for areas not subject to freezing and a vacuum breaker ASSE 1019 for areas subject to freezing.
Section 5. Water Supply to Fixtures.
(1) A plumbing fixture shall be provided with a sufficient supply of water for flushing to keep them in a sanitary condition.
(2) A water closet or pedestal urinal shall be flushed by means of an approved tank or flush valve.
(3) The tank or valves shall furnish at least a sufficient amount of water to thoroughly cleanse the surface area of a water closet, urinal, or similar fixture.
(4) If a water closet, urinal, or similar fixture is supplied directly from the water supply system through a flushometer or other valve, the valve shall be set above the fixture to prevent the possibility of polluting the potable water supply by back siphonage.
(5) The fixture shall have a vacuum breaker.
(6) A plumbing fixture, device or appurtenance shall be installed in a manner that shall prevent a possibility of a cross connection between the potable water supply system, drainage system, or other water system.
Section 6. Connections to Boilers.
(1) A potable water connection to a boiler feed water system in which a boiler water conditioning chemical is introduced shall be made through an air gap, or provided with a reduced pressure principle backflow preventer located in the potable water line before the point where a chemical is introduced.
(2) A boiler shall be equipped with a check valve in the cold water supply to the boiler.
Section 7. Water Supply to Drinking Fountains. The orifice of a drinking fountain shall be provided with a protective cowl to prevent contamination of the potable water supply system.
Section 8. Sizing of Water Supply Piping.
(1)
(a) The minimum size water service from the property line to the water heater shall be three-fourths (3/4) inch.
(b) The hot and cold water piping shall extend three-fourths (3/4) inch in size to the first fixture branch.
(c) More than three (3), one-half (1/2) inch fixture branches shall not be supplied from a one-half (1/2) inch pipe.
(2)
(a) The schedule in this subsection shall be used for sizing the water supply piping to a fixture.
(b) The branch pipe to a fixture shall terminate not more than thirty (30) inches from the point of connection to the fixture and shall be brought to the floor or wall adjacent to the fixture.
(c) A concealed water branch pipe shall not be less than one-half (1/2) inch nominal pipe size.
(3) Water hammer. In a building supply system in which a device or appurtenance is installed utilizing a quick acting valve that causes noise due to water hammer, a protective device, including an air chamber or approved mechanical shock absorber, shall be installed as close as possible to the quick acting valve causing the water hammer.
(a) If a mechanical shock absorber is installed, the absorber shall be in an accessible place.
(b) If a mechanical device is used, the manufacturer's specifications shall be followed as to location and method of installation.
Section 9. Water Supply Pipes and Fittings, Materials.
(1) Water supply piping for a potable water system shall be as follows:
(a) Galvanized wrought iron;
(b) Galvanized steel;
(c) Brass;
(d) Types K, L, and M copper;
(e) Cast iron;
(f) Types R-K, R-L, and R-M brass tubing;
(g) Fusion welded copper tubing produced and labeled as ASTM B447 and ASTM B251;
(h) Seamless stainless steel tubing produced and labeled as ASTM A269 or ASTM A312;
(i) Filament-wound reinforced thermosetting resin pipe produced and labeled as ASTM D2996 (red thread for cold water use and silver and green thread for hot and cold);
(j) PE pipe produced and labeled as ASTM D2239 or ASTM F714;
(k) PEX pipe produced and labeled as ASTM F876 for cold water and ASTM F877 for hot or cold water applications;
(l) Pex-Al-Pex pipe produced and labeled as ASTM F1281;
(m) Pe-Al-Pe pipe produced and labeled as ASTM F1282;
(n) Copper tubing size PE produced and labeled as ASTM D2737 for water service, if installed with compression couplings;
(o) PVC pipe produced and labeled as ASTM D1785;
(p) CPVC pipe produced and labeled as ASTM D2846;
(q) Schedule 80 CPVC pipe shall meet ASTM F441;
(r) Schedule 80 CPVC solvent fittings shall meet ASTM F439;
(s) Schedule 80 CPVC threaded fittings shall meet ASTM F437;
(t) Schedule 80 CPVC pipe and fittings shall be installed using primer meeting ASTM F656 and solvent cement meeting ASTM F493;
(u) PVC standard dimensional ratio (SDR) 21 and (SDR) 26 pipe produced and labeled as ASTM D2241;
(v) Fusion welded PP products measuring one-half (1/2) inch to eighteen (18) inches in diameter which meet NSF Standards 61 and 14, and ASTM F2389, shall be approved. These pipe products shall be tested for compliance with the manufacturer's installation instructions;
(w) Fusion welded high density PE pipe products which meet NSF Standards 61 and 14, and ASTM F3035 and F714, shall be approved for underground use. These pipe products shall be tested for compliance with the manufacturer's installation instructions;
(x) Push-fit fitting systems which meet the ASSE Standard 1061. Except as established in 815 KAR 20:020, these systems are approved for above-ground use only using pipe sizes up to two (2) inches; or
(y) PE-RT Piping meeting ASTM F2769.
(2) A plastic pipe or fitting shall bear the NSF seal of approval.
(3) PB pipe utilizing an insert fitting of brass or copper shall use a copper clamping ring.
(4) A PB hot and cold water connector to a lavatory, sink, or water closet shall be produced and labeled as ASTM D3309, and PB plastic pipe shall be produced and labeled as ASTM 2662 for a cold water application.
(5) A fitting shall be brass, copper, approved plastic, galvanized cast iron, or galvanized malleable iron. Piping or a fitting that has been used for another purpose shall not be used for the water distribution system.
(6) Each joint in the water supply system shall be made of a screw, solder, or plastic joint. A cast iron water pipe joint may be caulked, screwed, or machine drawn.
(7) If Type M copper pipe, Type R-M brass tubing, standard high frequency welded tubing or stainless steel tubing is placed within a concrete floor or passes through a concrete floor, it shall be wrapped with an approved material to permit expansion or contraction.
(8) PVC shall not be used below ground under a house or building. If a CPVC joint or connection is installed below ground under a house or building, the water distribution system shall be tested to at least 100 pounds per square inch before backfilling. The applicable requirements of 815 KAR 20:060 shall be met.
(9) The joint between ferrous piping and copper or copper-alloy piping shall be made with a dielectric fitting or other insulating fitting to prevent electrolysis.
Section 10. Temperature and Pressure Control Devices for Shower Installations. A temperature or pressure balance device to prevent a sudden unanticipated change in water temperature shall be installed to serve each shower compartment and shower-bath combination.
Section 11. Water Supply Control.
(1) A main shutoff valve shall be provided near the curb, in or near the meter box or property line on the water service pipe. The main supply control valve shall be a full port valve and be accessible from within the occupied space and provided with a drip or drain valve. A pit or similar type installation shall not be used for a potable water supply shutoff valve.
(2) A pressure or gravity tank shall have its supply line valved at or near its source.
(3) A family unit in a two (2) family or multifamily dwelling shall have the unit controlled by an arrangement of shutoff valves which will permit the unit to be shut off without interfering with the cold water supply to another family unit or portion of the building.
(4) In a building other than a dwelling, a shutoff valve shall be installed to permit the water supply to the equipment to be isolated without interference with the supply to other equipment.
(5) A fixture or group of bath fixtures shall be valved and a lawn sprinkler opening shall be valved. In residential construction, each fixture, except a bathtub or shower, shall be valved individually or as a group of fixtures.
(6) A group of fixtures or a fixture group shall include two (2) or more fixtures adjacent to or near each other in the same room or back-to-back on a common wall.
(7) The cold water branch to a hot water storage tank or water heater shall be provided with a shutoff valve located near the equipment and serving this equipment. In residential dwellings, the shutoff valve shall be placed within three (3) feet of the water heater and be accessible from the accessible side of the water heater.
Section 12. Water Supply Protection.
(1) A concealed water pipe, storage tank, cistern, or other exposed pipe or tank subject to freezing temperatures shall be protected against freezing. A water service shall be installed at least thirty (30) inches in depth.
(2) A relief device shall be installed on a pneumatic water system.
Section 13. Protection of a Private Water Supply or Source. A private water supply or source shall be protected from pollution. Approval shall be obtained from the division prior to using the private water supply or source.
Section 14. Tanks and Vats below Rim Supply. A tank or vat with potable water supply below the rim shall be subject to the following requirements:
(1) If a potable water outlet terminates below the rim of a tank or vat and the tank or vat has an overflow of diameter not less than given in the table in this subsection, the overflow pipe shall be provided with an air gap as close to the tank as possible;
(2) The potable water outlet to the tank or vat shall terminate at a distance not less than one and one-half (1 1/2) times the height to which water can rise in the tank above the top of the overflow. This level shall be established at the maximum flow rate of the supply to the tank or vat, and with all outlets, except the air gap overflow outlet, closed; and
(3) The distance from the outlet to the high water level shall be measured from the critical point of the potable water supply outlet.
Section 15. Fire Protection Systems. Except if installing an NFPA 13D fire protection system in a one (1) or two (2) family dwelling, a fire protection system using water from the potable water distribution system shall be equipped with two (2) check valves, one (1) of which may be an alarm check valve.
Section 16. Conservation of water shall comply with the standards established in 815 KAR 20:070.
History
- RELATES TO: KRS 318.130, 318.150, 318.165,
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code regulating plumbing, including the methods and materials that may be used in Kentucky. This administrative regulation establishes the types of piping and pipe sizes required for a potable water supply system and the methods to be used to protect and control the water supply system and requires the manufacturer's specification number of the material accepted in those installations to be identified and published.
- History: 1 Ky.R. 485; eff. 3-12-1975; Am. 2 Ky.R. 457; eff. 4-14-1976; 3 Ky.R. 450; eff. 1-5-1977; 4 Ky.R. 190; 425; eff. 5-3-1978; Recodified from 401 KAR 1:090, 7-5-1978; 5 Ky.R. 163; eff. 10-4-1978; 7 Ky.R. 513; eff. 1-7-1981; 647; 849; eff. 6-3-1981; 9 Ky.R. 49; eff. 8-11-1982; 1242; eff. 6-1-1983; 10 Ky.R. 1013; eff. 3-31-1984; 11 Ky.R. 74; eff. 8-7-1984; 802; 1259; eff. 2-12-1985; 12 Ky.R. 436; eff. 11-12-1985; 1667; eff. 5-6-1986; 13 Ky.R. 1656; eff. 4-14-1987; 14 Ky.R. 636; eff. 11-6-1987; 1135; eff. 1-4-1988; 15 Ky.R. 605; 974; eff. 9-28-1988; 16 Ky.R. 904; eff. 1-12-1990; 2767; 17 Ky.R. 1100; eff. 8-22-1990; 2269; eff. 3-13-1991; 18 Ky.R. 2894; eff. 5-1-1992; 19 Ky.R. 816; eff. 11-9-1992; 2113; eff. 7-12-1993; 20 Ky.R. 3119; eff. 7-7-1994; 21 Ky.R. 1967; eff. 3-22-1993; 22 Ky.R. 800; eff. 12-7-1995; 23 Ky.R. 1757; 2739; eff. 1-9-1997; 24 Ky.R. 2465; eff. 7-13-1998; 25 Ky.R. 1187; eff. 2-18-1999; 2961; 26 Ky.R. 388; eff. 8-16-1999; 27 Ky.R. 2244; 2801; eff. 3-22-2001; 29 Ky.R. 1392; 1812; eff. 1-16-2003; 32 Ky.R. 369; 660; eff. 11-4-2005; 2371; 33 Ky.R. 411; eff. 9-1-2006; 3266; 4174; eff. 7-6-2007; 35 Ky.R. 2601; 36 Ky.R. 93; eff. 7-29-2009; 39 Ky.R. 2210; eff. 8-2-2013; 43 Ky.R. 466, 689; eff. 11-16-2016; 46 Ky.R. 1674,2436; eff. 6-2-2020.
815 KAR 20:130 House sewers and storm water piping; methods of installation {#sec-815-kar-20-130 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:130}
Section 1. Independent System.
(1) The drainage and plumbing system of a new building and of a new work installed in an existing building shall be separate and independent of other buildings except as otherwise established in this administrative regulation.
(2) A building shall have an independent connection with either a public or private sewer or sewer system.
Section 2. Exceptions.
(1)
(a) If a building stands in the rear of other buildings or on an interior lot and a sewer connection cannot be made available to the rear building through an adjoining alley, court, yard, or driveway, the sewer from the front building may be extended to the rear building and it shall be considered as one (1) sewer.
(b) The exception established in this subsection shall not apply to corner lots if a sewer connection is available from the street or alley or to a new or existing building that abuts a street or alley.
(2) A building sewer may serve additional buildings and still be considered as one (1) sewer if the additional buildings are:
(a) Used in conjunction with the primary building;
(b) Contained within the same deed as the primary building; and
(c) Restricted within the deed from being sold separately from the primary building.
Section 3. Connection with Private Sewage Disposal System. If a sewer is not available, the house drain from a building shall connect with an approved private sewage disposal system.
Section 4. Excavations. An excavation made for the installation of a house sewer shall be open trench work, and the trenches shall be kept open until the piping has been inspected, tested, and approved.
Section 5. Depth of Sewer at the Property Line.
(1) The sewer at the property line shall be at a sufficient depth to properly serve a plumbing connection installed in the basement of a building.
(2)
(a) A house sewer shall be laid on a grade of not less than one-eighth (1/8) inch nor more than one-fourth (1/4) inch per foot.
(b) A sewer shall have at least an eighteen (18) inch cover.
(c) Sewer piping installed under property subject to vehicular traffic (such as a driveway, parking lot, or similar location) shall have at least a twenty-four (24) inch cover unless:
-
Constructed of cast iron piping, schedule 40 or 80 PVC produced and labeled as ASTM D2665 or D1784, or schedule 40 or 80 ABS produced and labeled as ASTM D2661; and
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Encased in a minimum of six (6) inches of concrete on each side and the top. Pipe shall be covered to prevent direct contact with concrete.
(d) A sewer shall be backfilled by hand and tamped six (6) inches above the piping or filled with six (6) inches grillage above the piping.
(e) Each joint in cast iron and vitrified clay pipe shall be constructed to comply with 815 KAR 20:060, Sections 4 and 5.
(f) If less than eighteen (18) inches of cover is available, a request for a variance shall be submitted to the division in writing.
Section 6. New House Sewer Connections. A house sewer installed where a private sewerage system has been discarded may connect to the house drain if the existing plumbing system meets the State Plumbing Code.
Section 7. Materials for House Sewers. A house sewer or combined sewer shall be made of:
(1) Extra heavy cast iron pipe;
(2) Service weight cast iron;
(3) Vitrified clay;
(4) Concrete;
(5) Coextruded composite PVC pipe produced and labeled ASTM F1488;
(6) PVC or ABS plastic pipe Schedules 40 and 80;
(7) Cellular core PVC produced and labeled as ASTM F891;
(8) Cellular core ABS produced and labeled as ASTM 628 or ASTM F1488;
(9) Truss pipe;
(10) Extra heavy SDR 35 pipe;
(11) Type PS 46, PVC in sizes four (4) inches through fifteen (15) inches produced and labeled as ASTM F789;
(12) PVC ribbed pipe produced and labeled as ASTM F794; or
(13) PE produced and labeled as ASTM F714.
Section 8. Material for Storm Sewers Inside Buildings.
(1) A storm sewer inside a building extending to a point two (2) feet outside a building in sizes eight (8) inches and smaller shall be made of:
(a) Cast iron pipe;
(b) Aluminum; or
(c) Schedule 40 ABS or PVC DWV pipe or PVC pipe produced and labeled as ASTM F1488.
(2) A storm sewer in a size of ten (10) inches or larger shall be made of:
(a) Cast iron;
(b) Aluminum;
(c) Schedule 40 ABS or PVC DWV pipe;
(d) SDR 35;
(e) Vitrified clay or concrete conforming to appropriate commercial specifications with approved joints; or
(f) PE pipe produced and labeled as ASTM F714.
(3) Primary and secondary roof drains shall comply with the requirements established in this subsection.
(a)
-
Roof drains shall have strainers extending not less than four (4) inches above the surface of the roof immediately adjacent to the roof drain.
-
Strainers shall have an available area not less than one and one-half (1 1/2) times the area of the conductor or leader to which the drain is connected.
(b) Roof drain strainers for use on sun decks, parking decks, and similar areas that are normally services and maintained, may be of the flat surface type, installed level with the deck, with an available inlet area not less than two (2) times the area of the conductor or leader to which the drain is connected.
(c) Secondary (emergency) roof drains or scuppers shall be provided where the roof perimeter construction allows ponding if the primary roof drains become blocked.
(d) Separate systems required.
-
Secondary roof drain systems shall have piping and point of discharge separate from the primary system.
-
Discharge shall be above grade plane in a location that would normally be observed by the building occupants or maintenance personnel.
(e) Primary and secondary drains shall be sized in accordance with Section 11 of this administrative regulation.
Section 9. Change of Direction. A change in direction of a sewer shall be made only with:
(1) Long curves;
(2) Forty-five (45) degree wyes;
(3) Half wyes;
(4) Quarter, sixth, eighth or sixteenth bends; or
(5) Sanitary tees installed on their back or on their sides. If installed, sanitary tees shall be at an angle of not more than forty-five (45) degrees.
Section 10. Size of House Sewers and Horizontal Branches.
(1) The minimum size of a house sewer shall not be less than four (4) inches nor less than that of the house drain.
(2) A house sewer receiving a branch shall be sized in the same manner as a house drain.
(3) The house drains shall be installed in accordance with 815 KAR 20:090.
Section 11. Size of Storm Systems.
(1) The required size of a storm sewer shall be determined on the basis of the total drained area in horizontal projection in accordance with the table in subsection (4) of this section.
(2) A storm sewer shall not be laid parallel to or within two (2) feet of a bearing wall.
(3) The storm sewer shall be laid at a sufficient depth to protect it from freezing.
(4)
Section 12. Combined Storm and Sanitary Sewer System.
(1) If a combined sewer system is used, the required size of the house drain or house sewer shall be determined by multiplying the total number of fixture units carried by the drain or sewer by the conversion factor corresponding to the drained area, and the total fixture units, adding the product to the drained area and applying the sum from the table for storm water sewers in Section 11 of this administrative regulation.
(2) A combined house drain or house sewer shall not be less than four (4) inches in diameter, and a combined house drain or house sewer shall not be smaller in size than that required for the same number of fixture units or for the same roof area in separate systems.
(3)
(4)
(5) For a building constructed after August 1, 1996, each plumbing fixture or opening connecting to a combination sanitary and storm sewer system shall either:
(a) Be installed above the elevation of the cover of the nearest manhole serving the main; or
(b) Discharge through a sewage ejector to the combined sewer system at an elevation high enough to prevent flooding of the building.
Section 13. Storm Sewers and House Sewers in Undisturbed or Filled Ground.
(1) A house sewer laid in undisturbed ground shall be laid on at least four (4) inches of pea gravel, sand, or other approved grillage as defined in 815 KAR 20:010.
(2) A storm sewer laid in undisturbed ground shall not require grillage.
(3) A storm sewer or house sewer laid in filled ground shall be embedded to the lower quadrant with at least a four (4) inch concrete pad below the invert, or other equivalent support approved by the department.
(4) A support filled in ground shall be on a ten (10) foot center to a solid footing, either undisturbed earth or rock.
(5) A house sewer constructed of flexible thermoplastic sewer piping shall be installed with at least six (6) inches of gravel on the bottom, top, and sides of the piping.
Section 14. Drainage Below Sewer Level (Public). In a public building in which the whole or part of the building drain and plumbing system lies below the level of a main sewer, sewage and waste shall be lifted by a device that complies with Sections 16 and 17 of this administrative regulation and discharged into the building sewer.
Section 15. Drainage Below Sewer Level (Residential).
(1) In a residential building in which the sewer level is above the basement floor, waste water shall be lifted by means of an approved sump pump appropriate for that installation.
(2) The sump pit shall:
(a) Be gas and air tight; and
(b) Be constructed of:
-
Poured or precast concrete;
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Approved fiberglass; or
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PE material.
(3) The sump pit shall be provided with a two (2) inch vent, which may also act as a waste and vent for a laundry tray.
(4) The pump discharge piping shall be discharged into a two (2) inch waste pipe extended inside the building to a height at least twelve (12) inches above the outside grade plane.
(5) The sump pit shall be provided with a tight-fitting concrete cover.
(6)
(a) On the outside of the building, the waste piping shall connect into a four (4) inch by two (2) inch sanitary tee, which shall connect into a four (4) inch P trap and then into the sanitary sewer.
(b) The four (4) inch by two (2) inch sanitary tee shall be extended at least two (2) inches above the finished grade plane and shall be provided with a ventilated cap.
Section 16. Sumps and Receiving Tanks.
(1) A subsoil drain shall discharge into an air tight sump or receiving tank located to receive the sewage by gravity.
(2) The sewage shall be lifted and discharged into the house sewer by a pump or ejector.
(3) Sewage sumps shall be a minimum twenty four (24) inches in diameter and no less than twenty four (24) inches in depth.
(4) A system that relies solely on a pump shall be equipped with both an audible and visual alarm to be placed within the occupied space.
(5) The sump shall automatically discharge.
Section 17. Ejectors, Vented.
(1) A sewage ejector serving a residential installation shall be vented with a two (2) inch vent.
(2)
(a) Except as established in paragraph (b) of this subsection, an ejector serving a commercial or industrial installation shall be vented with a three (3) inch vent.
(b)
-
If a three (3) inch vent stack is serving a fixture that empties into the ejector pit and is located within twenty-five (25) feet of the pit, the ejector may be revented with a two (2) inch vent back to the three (3) inch vent stack.
-
The ejector vent shall not be smaller than that recommended by the manufacturer of the pump.
(3) A portion of the building drainage system that is above the cover of the manhole serving the main that can flow by the gravity to a sewer shall be installed for gravity flow to the combined sanitary and storm sewer, except for a system designed otherwise by a licensed professional engineer.
Section 18. Ejector Power: Motors, Compressors, and Air Tanks.
(1) A motor, air compressor, or air tank shall be located so that it shall be open for inspection and repair at all times.
(2) An air tank shall be proportioned to furnish sufficient air at suitable pressure to the ejector to completely empty the sump or storage tank with the compressor not operating.
(3) The end pressure in the tank shall not be less than two (2) pounds for each foot of height through which sewage is raised.
Section 19. Ejectors for Subsoil Drainage.
(1) If a subsoil catch basin is installed below the sewer level, an automatic ejector shall be used.
(2) The ejector or a device raising subsoil water shall discharge into a properly trapped fixture or into a storm water drain.
Section 20. Drainage of Yards, Areas, Roofs, and Traps.
(1) A roof, paved area, court, or courtyard shall be drained into:
(a) A storm water system;
(b) A combined sewerage system; or
(c) A surface drainage area unless prohibited by the local health department or sewer district.
(2) A yard, roof, paved area, court, or courtyard shall not be drained into a sewer intended for sewage only.
(3) Traps.
(a) If a drain is connected to a combined sewerage system, it shall be trapped.
(b) If a roof leader, conductor, or gutter opening is located more than ten (10) feet from a window, scuttle, or air shaft, a trap shall not be required.
(c) A trap shall be set below the frost line or on the inside of the building.
(d) If a drain is not connected to a combined sewer, a trap shall not be required.
Section 21. Size of Rain Water Leader. An inside leader shall not be less size than as established in the following table:
Section 22. Inside Conductors or Roof Leaders.
(1) If a conductor or roof leader is placed within the walls of a building, or in an interior court or ventilating pipe shaft, it shall be constructed of:
(a) Cast iron pipe;
(b) Galvanized wrought iron;
(c) Galvanized steel;
(d) Copper;
(e) Schedule 40 ABS or PVC DWV pipe; or
(f) Reinforced thermosetting resin pipe produced and labeled as ASTM F1113 (red and silver thread).
(2)
(a) Except as established in paragraph (b) of this subsection, PVC or ABS pipe and fittings shall be limited to buildings in which the conductor does not exceed forty-five (45) feet in height, measured from the grade plane as defined by the Kentucky Building Code, 815 KAR 7:120, or Kentucky Residential Code, 815 KAR 7: 125, and continuing through the vertical distance of the building to a maximum height of forty-five (45) feet.
(b) PVC or ABS pipe and fittings may be installed in a building in which the conductor exceeds forty-five (45) feet in height if the installation complies with all of the requirements established in this section.
(c) The use of PVC and ABS piping shall be limited to Schedule 40 or 80 produced and labeled as ASTM D2665 and D1784 for PVC piping and ASTM D2661 for ABS piping.
(d) The installation of the PVC or ABS pipe and fittings shall be made in compliance with the manufacturer's recommendations, which shall be made available to the inspector.
(e) Firestop systems shall be inspected in accordance with ASTM E2174 by an inspection agency approved by the department.
Section 23. Outside Conductors.
(1) If an outside sheet metal conductor or downspout is connected to a house drain, it shall be connected by means of cast iron pipe extending vertically at least one (1) foot above the grade plane.
(2) If the downspout runs along a public driveway without a sidewalk, it shall be placed in a niche in the walk, protected by wheel guards, or enter the building through the wall at a forty-five (45) degree slope at least twelve (12) inches above the grade plane.
Section 24. Defective Conductor Pipes. If an existing sheet metal conductor pipe within the walls of a building becomes defective, the conductor shall be replaced by one that conforms to this administrative regulation.
Section 25. Vent Connections with Conductors Prohibited.
(1) A conductor pipe shall not be used as a soil, waste, or vent pipe.
(2) A soil, waste, or vent pipe shall not be used as a conductor.
Section 26. Overflow Pipes. An overflow pipe from a cistern, supply tank, expansion tank, or drip pan shall connect indirectly with a house sewer, house drain, soil pipe, or waste pipe.
Section 27. Subsoil Drains. A subsoil drain below sewer level shall discharge into a sump or receiving tank and shall be automatically lifted and discharged into the storm drainage system or upon the ground outside the building it serves.
Section 28. Approvals of New Sewer Connections to Existing Buildings. If the local health department or sanitary sewage system board, plant district, or treatment plant owner prohibits the discharge of a basement floor drain or other apparatus into the sanitary sewer system, an existing basement floor drain or sump pump apparatus shall comply with the construction requirements of this administrative regulation and be inspected prior to the approval of a connection for a new sewer line.
History
- RELATES TO: KRS 318.010, 318.015, 318.130, 318.150
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing, including the methods and materials that may be used in Kentucky for the construction of house sewers and storm water piping. This administrative regulation establishes the materials and methods of installation that may be used in the construction of house sewers or storm water piping.
- History: 1 Ky.R. 485; eff. 3-12-1975; 2 Ky.R. 497; 3 Ky.R. 314; eff. 9-1-1976; 4 Ky.R. 62; eff. 10-5-1977; 192; eff. 6-7-1978; Recodified from 401 KAR 1:100, 7-5-1978; Am. 5 Ky.R. 164; eff. 10-4-1978; 8 Ky.R. 362; eff. 1-6-1982; 10 Ky.R. 1016; eff. 3-31-1984; 12 Ky.R. 1675; eff. 5-6-1986; 13 Ky.R. 959; eff. 12-2-1986; 14 Ky.R. 1142; eff. 1-4-1988; 16 Ky.R. 911; eff. 1-12-1990; 2779; 17 Ky.R. 1108; eff. 8-22-1990; 18 Ky.R. 2725; eff. 4-3-1992; 19 Ky.R. 822; eff. 11-9-1992; 1659; eff. 3-12-1993; 2742; 20 Ky.R. 309; eff. 8-6-1993; 21 Ky.R. 1974; eff. 3-22-1995; 22 Ky.R. 2339; eff. 8-1-1996; 23 Ky.R. 2625; 2994; eff. 2-10-1997; 24 Ky.R. 962; eff. 12-15-1997; 27 Ky.R. 231; 773; eff. 9-11-2000; 33 Ky.R. 3273; 4180; eff. 7-6-2007; 35 Ky.R. 2608; 36 Ky.R. 99; eff. 7-29-2009; 41 Ky.R. 179; eff. 9-24-2014; 42 Ky.R. 133; eff. 11-6-2015; 43 Ky.R. 624; eff. 1-6-2017; 46 Ky.R. 1682, 2442; eff. 6-2-2020.
815 KAR 20:150 Inspections and tests {#sec-815-kar-20-150 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:150}
Section 1. Required Inspections and Tests.
(1) Required inspections. The department shall inspect the following to ensure compliance with the code:
(a) The water distribution system;
(b) The soil, waste, and vent system;
(c) The fixtures and fixture traps;
(d) Appurtenances; and
(e) All connections in a plumbing system.
(2) Required tests. Tests shall be made separately or as follows:
(a) The house sewer and its branches from the property line to the house drain;
(b) The house drain including its branches;
(c) The soil, waste, and vent system;
(d) Inside rain water conductors; and
(e) The final inspection and air test which shall include the complete plumbing system as required by Section 3(2) of this administrative regulation, exclusive of the house sewer.
(3) Rough-in inspection.
(a) The plumbing system shall not be covered until it has been inspected, tested, and approved.
(b) A rough-in inspection shall be conducted prior to the covering or concealment of the plumbing system.
(c) If any part of a plumbing system is covered or concealed before being inspected, tested, and approved, it shall be uncovered, or unconcealed and tested as required.
(4) Condemned buildings. In buildings condemned by other authorities because of unsanitary conditions of the plumbing system, necessary alterations shall be considered a new plumbing system.
(5) Tests of alterations, extensions, or repairs. Any alterations, repairs, or extensions that require more than ten (10) feet of soil, waste, or vent piping shall be inspected and tested as required by Section 3(2) of this administrative regulation.
Section 2. Permit Holder Requirements. The person procuring the plumbing permit shall:
(1) Furnish all equipment, material, and labor necessary for inspections and tests;
(2) Notify the department representative and request a rough-in inspection for the plumbing system prior to the plumbing system being concealed or covered within the floors or walls of a building; and
(3) Notify a department representative and request a final inspection and air test upon completion of the installation.
Section 3. Requirements for Remote Inspection.
(1) A master plumber may request a plumbing inspection from the department conducted by live video or submission of recorded video if the master plumber holds a certificate of completion issued by the department.
(2) Certificate of completion.
(a) The department shall issue a certificate of completion to a master plumber who has successfully completed a training course provided by the department that shall cover the following topics:
-
Technology necessary for effective remote inspection;
-
Information to be conveyed and shown by the master plumber to the department; and
-
How to show corrections made to installations that failed remote inspection.
(b) A certificate of completion issued to a master plumber pursuant paragraph (a) of this subsection shall be valid for a period of three (3) years from the date of issuance, after which the certificate shall expire unless renewed prior to expiration as established in paragraph (c) of this subsection. A master plumber whose certificate of completion has expired shall not be eligible to request or receive remote inspections.
(c) A certificate holder may renew his or her certificate of completion by completing the training course established in paragraph (a) of this subsection.
(3) The department shall deny a request for remote inspection if:
(a)
-
The scope of the work is too complex for remote inspection.
-
Examples of work too complex for remote inspection shall include:
a. Medical gas installation inspections; and
b. Inspections of plumbing installations that require multiple visits from the inspector prior to the system being placed on a test;
(b)
-
Remote inspection is not feasible or practical.
-
Examples of remote inspections that are not feasible or practical shall include:
a. Inspections during which cellular or internet reception is not consistent or reliable;
b. Poor video quality; and
c. Technical issues that prevent clear inspection; or
(c)
-
The situation would not provide an adequate inspection if done remotely.
-
Examples of situations that would not provide adequate inspection if done remotely shall include:
a. Underground plumbing installations that require more than one (1) inspection;
b. Rough-in inspections that would require more than one (1) inspection to fully inspect the entire rough-in piping system; and
c. Final plumbing inspections on new construction.
(4) Remote inspection seals.
(a) A certificate holder may request numbered remote inspection seals from the department to place on completed plumbing installations that are approved for remote inspection. The request shall be made by by submitting a completed form PLB-4, Application for Plumbing Remote Inspection Seals, to the department.
(b) Except for the initial request for remote inspection seals, a certificate holder requesting seals shall submit a completed form PLB-5, Plumbing Remote Inspection Seal Verification, to the department prior to receiving remote inspection seals.
(c) A certificate holder shall:
-
Affix a seal to a completed plumbing installation for which he or she has been approved for remote inspection;
-
Not affix a seal to a plumbing installation if he or she has not submitted videos of the installation to the department or participated in a live video inspection with the department; and
-
Not allow seals he or she received from the department to be used by another.
(d) The department shall:
-
Assign an inspection number to the permit and seal for a plumbing installation that has successfully passed all required remote inspections and tests; and
-
Complete remote inspections that are not live video within three (3) business days of receipt of videos of the completed plumbing installation eligible for remote inspection.
(e) A property owner, property owner's designee, or certificate holder shall write the inspection number assigned by the department on the seal the inspection number is assigned to upon successful passage of all required inspections and tests.
(5) Notification of noncompliance. The department shall immediately issue a notification of noncompliance in writing to the certificate holder upon finding deficiencies in the documentation submitted for remote inspection.
(6) Corrections to noncompliant installations. A plumbing installation found to be noncompliant through remote inspection shall be corrected within ten (10) business days upon receiving notice of noncompliance from the department. Failure to make the required corrections may result in the termination of the certificate holder's certificate of completion.
(7) Penalties. A certificate holder who knowingly engages in activity intended to defraud or deceive a plumbing inspector or any other agent of the department shall be subject to certificate and license revocation or suspension.
(8) Department determinations established in subsections (6) and (7) of this section may be appealed to the department. An appeal shall be conducted pursuant to KRS Chapter 13B.
Section 4. Testing of Systems.
(1) The water distribution system, as well as the water service, shall be:
(a) Tested with air or water under a pressure of not less than the maximum working pressure under which it is to be used; and
(b) Free from leaks.
(2)
(a) Except as provided in subsection (3) of this section, a water test shall be performed:
-
On the entire soil, waste, and vent system; or
-
In sections.
(b) If it is applied to the entire system, all openings shall be closed, except the highest opening and the system shall be filled with water to the point of overflow.
(c) If the system is tested in sections, each opening shall be tightly plugged, except the highest opening and it shall be tested with not less than a ten (10) foot head of water. In testing successive sections, at least the upper ten (10) feet of the preceding section shall be retested.
(3) In lieu of a water test, an air pressure test may be used by attaching an air compressor or test apparatus to any suitable opening. All other inlets and outlets to the system shall be closed, forcing air into the system until there is a uniform pressure of five (5) pounds per square inch (PSI). The pressure shall be maintained for fifteen (15) minutes.
(4) After the plumbing fixtures have been set and their traps filled with water and before the building is occupied, the final air test shall test the entire soil, waste, and vent system including the fixtures and appurtenances, other than a house sewer, by connecting an air machine to any suitable opening or outlet and applying air pressure equivalent to a one (1) inch water column. It shall be maintained for at least a fifteen (15) minute period. If there are no leaks or forcing of trap seals as may be indicated by the functioning of a drum, float, or water column, the system shall be determined as airtight.
(5) A garage drainage system shall be tested in the same manner as the soil, waste, and vent system.
(6) A house sewer shall be tested by a water, air, or smoke test. A four (4) inch test tee or Y connection shall be provided at the property line for testing.
(7) The department may require the removal of any clean-outs to ascertain if the pressure has reached all parts of the system
(8) A building sewer not drained by gravity shall have a minimum of twenty-four (24) inches of cover and shall be tested with five (5) pounds per square inch for a period of fifteen (15) minutes.
(9) Inside rain water conductors shall be tested with water, air, or smoke test.
Section 5. Defective Work. If an inspection or a test indicates defective work or material, it shall be replaced and the inspection and the test repeated.
Section 6. Testing Defective Plumbing. An air test shall be used in testing the condition of a plumbing system if there is reason to believe it has become defective.
Section 7. Certificate of Approval. The department shall issue a certificate of approval upon the satisfactory completion and final test of the plumbing system.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Application for Plumbing Remote Inspection Seals", Form PLB-4, June 2020; and
(b) "Plumbing Remote Inspection Seal Verification", Form PLB-5, June 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at dhbc.ky.gov.
History
- RELATES TO: KRS 318.090, 318.130, 318.134, 318.140, 318.160, 318.170
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate an administrative regulation establishing the Kentucky State Plumbing Code. KRS 318.160 requires a person who constructs, installs, or extensively alters any plumbing, sewerage, or water supply system of any public building or establishment to obtain approval of the department in writing. This administrative regulation establishes the requirements for the tests and inspections that are necessary in order to ensure compliance with 815 KAR Chapter 20, the Kentucky State Plumbing Code.
- History: PC-11-1; 1 Ky.R. 487; eff. 3-12-1975; 2 Ky.R. 459; 3 Ky.R.362; eff. 9-1-1976; Recodified from 401 KAR 1:110, 7-5-1978; 11 Ky.R. 77; eff. 8-7-1984; 20 Ky.R. 1394; eff. 1-10-1994; 27 Ky.R. 234; 776; eff. 9-11-2000; 33 Ky.R. 3277; 4183; eff. 7-6-2007; 46 Ky.R. 1686, 2446; eff. 6-2-2020; 47 Ky.R. 1098, 1587, 1967; eff. 6-15-2021.
815 KAR 20:170 Manufactured home and mobile home community waste systems, water distribution, and connections {#sec-815-kar-20-170 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:170}
Section 1. Sewers.
(1) The main and branch sewers for the connections of manufactured homes and mobile homes shall be laid at a uniform grade of no less than one-eighth (1/8) of an inch per foot. All joints shall be water tight.
(2) Clean-outs shall be provided at intervals not to exceed 100 feet for main and branch sewers in sizes six (6) inches and smaller.
(3) The clean-outs shall be extended to the grade with cast-iron soil pipe or schedule 40 ABS or schedule 40 PVC piping and shall be provided with a clean-out plug.
(4) A four (4) inch concrete pad, eighteen (18) inches square, shall be provided around each clean-out.
(5) All main and branch sewers eight (8) inches and larger shall not require clean-outs but shall require standard manholes at intervals not to exceed 400 feet as well as in all changes in direction.
(6) Each manufactured home and mobile home shall be provided with a four (4) inch sewer.
(7) A three (3) inch waste connection shall be provided and extended one (1) inch above the grade using a three (3) inch standard female thread.
(8) A four (4) inch concrete pad twenty-four (24) inches square shall be provided around the waste opening.
(9) A three (3) inch screw plug shall be fastened by a chain to the concrete pad which shall be used if the manufactured home or mobile home opening is not in use.
(10) The waste pipe connection between the manufactured home or mobile home and the sewer waste opening shall be a waterproof connection constructed of either cast-iron, schedule 40 steel pipe, copper pipe, or schedule 40 ABS or schedule 40 PVC piping.
(11) All branch sewers receiving waste from more than one (1) manufactured home or mobile home shall be sized as established in the following table:
Section 2. Individual Residential Manufactured Homes and Mobile Home Waste System and Connection.
(1) An individual residential manufactured home or mobile home shall either be connected to a municipal sewer system or to an approved private sewage disposal system in accordance with this section.
(2) Each manufactured home and mobile home shall be provided with at least a three (3) inch waste connection to the house sewer.
(3) All piping that does not have at least an eighteen (18) inch cover shall be cast-iron pipe.
(4) Waste connections between the permanent piping and the manufactured home or mobile home waste connection shall be a waterproof connection constructed of either cast-iron, schedule 40 steel pipe, copper pipe, or schedule 40 ABS or PVC piping.
Section 3. Water Distribution and Connections to Manufactured Homes and Mobile Homes.
(1) An adequate and safe water supply shall be provided to each manufactured home and mobile home.
(2) All materials, including the pipe and fitting used for a connection, shall conform with the code.
(3) An individual water connection shall be provided at an appropriate location for each manufactured home and mobile home space.
(a) The connection shall consist of a riser terminating at least four (4) inches above the ground with a minimum two (2), three-fourths (3/4) inch valve.
(b) A frost proof hydrant shall be provided and accessible for lawn watering and fire control outlets with screw connection for the following:
-
One (1) valve outlet for the manufactured home or mobile home water system; and
-
One (1) valve outlet for lawn watering and fire control.
(c) The ground surface around the riser pipe shall be graded to divert surface drainage.
(d) The riser pipe shall be encased in an eight (8) inch vitrified clay pipe or an equivalent with the intervening space filled with an insulating material to protect against freezing.
(e) An insulated cover shall encase both valve outlets, but not prevent connection to the manufactured home or mobile home during freezing weather.
(f) A shutoff valve may be placed below the frost depth on the water service line, but this shutoff valve shall not be a stop-and-waste cock.
(4) The water line shall be the size established by the following table when installing water service for a manufactured home or mobile home community:
History
- RELATES TO: KRS 318.130, 318.150
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing. This administrative regulation establishes the requirements for manufactured home and mobile home community waste systems and connections, water distribution and connections, and specifies the materials and the methods that shall be used in installing the necessary plumbing to serve manufactured homes and mobile homes.
- History: PC-13-1; 1 Ky.R. 488; 1350; eff. 6-11-1975; 3 Ky.R. 705; eff. 7-7-1977; Recodified from 401 KAR 1:130, 7-5-78; Am. 17 Ky.R. 2895; eff. 5-3-91; TAm eff. 8-9-2007; 35 Ky.R. 2612; 36 Ky.R. 102; eff. 7-29-2009; 46 Ky.R.1689; 2447; eff. 6-2-2020.
815 KAR 20:180 Special connections {#sec-815-kar-20-180 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:180}
Section 1. Laundries.
(1) Commercial Laundry Wastes. Waste from commercial and institutional washing machines and extractors shall not discharge into an open trench, unless the trench is:
(a) Constructed of a material resistant to alkaline waste; and
(b) Drained into at least a four (4) inch trap, with a full-size vent.
(2) Semicommercial Laundries (Automatic).
(a) Waste from semicommercial washing machines shall discharge into a four (4) inch waste line for washing machines only.
(b) The waste line shall have a full-size vent and the base of the stack shall be washed by either a washing machine or starch sink.
(c) A four (4) inch trap shall be provided in the waste line to serve not more than two (2) washing machines.
(d) Floor drains may be placed in the waste line if:
-
The washing machines are the pump type; and
-
A stand pipe is placed for each washing machine to at least two (2) inches above the flood level rim of the washing machine.
(e) Each four (4) inch trap shall constitute four (4) fixture units.
(f) A washing machine shall not discharge into a trench.
Section 2. Washing Machines, Automatic, Residential.
(1) New Buildings.
(a) An automatic washing machine installed in a new building shall:
-
Have a two (2) inch trap; and
-
Be vented in accordance with 815 KAR 20:080.
(b) The trap shall be installed twelve (12) inches above the floor with a two (2) inch stand pipe extended to at least two (2) inches above the flood level rim of the washing machine.
(2) Existing Buildings.
(a) An automatic washing machine installed in an existing building shall be connected to the house sewer by a four (4) inch P-trap. The trap shall:
-
Be placed on the outside of the building on the opposite side of the wall of the washing machine;
-
Have a vented cover extending three (3) inches above the grade line; and
-
Have a four (4) inch by two (2) inch tee installed in the inlet side of the trap with a two (2) inch waste pipe extending into the building through the floor to the height of the washing machine.
(b) All waste piping shall conform with 815 KAR 20:080.
Section 3. Air Conditioning Equipment.
(1) Air conditioning equipment installed with a water supply and waste shall conform with 815 KAR 20:090, Sections 28 and 31.
(2)
(a) Evaporative cooler, air washer, air handling, or similar air conditioning equipment shall not have any drain pipe directly connected to any soil, waste, or vent pipe. The evaporative cooler, air washer, air handling, or similar air conditioning equipment shall be drained by means of indirect waste pipe.
(b) The indirect waste shall discharge through an air gap or air break into an open floor sink, floor drain, or other approved type receptor which is properly connected to the drainage system, except that an air gap shall be required if the indirect waste pipe may be under vacuum.
(3) The condensate or waste pipe from an air conditioning unit shall be classified as a plumbing fixture only if directly connected to the plumbing system.
Section 4. Garage Sand Trap. A garage sand trap shall:
(1) Be constructed of concrete with a heavy cover or grate;
(2) Be at least two (2) feet by four (4) feet;
(3) Have sufficient depth so that there is at least a ten (10) inch vertical distance between the bottom of the outlet ell and the bottom of the trap; and
(4) Installed with a four (4) inch vent.
Section 5. Inflammable Waste.
(1) Liquid waste from buildings using gasoline, benzine, naphtha, or other inflammable oils or compounds shall discharge into a separator before it enters a sanitary sewer.
(2) The waste line receiving the waste shall be trapped and vented as established in 815 KAR 20:080 and 20:090.
(3) The separator shall be installed with a three (3) inch vent.
Section 6. Hot Water, Steam Blowoffs or Exhaust. Before entering the house drain or sewer, hot water or steam or exhaust blowoffs shall discharge into a tank or basin with an airtight cover and a four (4) inch vent independent of any other venting system.
Section 7. Stable Manure Pits. Before entering the house sewer, all liquid waste from barns, stable manure pits, and stable yard drains shall discharge through a separator.
Section 8. Pedicure Chairs.
(1) A two (2) inch open receptacle may receive the discharge from up to two (2) pedicure chairs. Three (3) to six (6) chairs shall have a minimum of a three (3) inch open receptacle.
(2) A branched tail piece discharge for a pump-type pedicure chair may be used in an existing location only after approval of the division.
(3) If the water inlet for a pedicure chair is below the flood level rim or is equipped with a spray hose, it will be treated as a high hazard and require a reduced pressure principle backflow preventer on both the hot and cold supply.
History
- RELATES TO: KRS 318.010, 318.130
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate an administrative regulation establishing the Kentucky State Plumbing Code regulating plumbing, including the methods and materials that may be used in Kentucky. This administrative regulation establishes requirements regarding waste, other than sanitary wastes.
- History: PC-14; 1 Ky.R. 488; eff. 3-12-1975; Recodified from 401 KAR 1:140, 7-5-1978; 10 Ky.R. 457; eff. 11-2-1983; 17 Ky.R. 2896; eff. 5-3-1991; 32 Ky.R. 375; 666; 11-4-2005; 46 Ky.R. 1691; eff. 6-2-2020.
815 KAR 20:191 Minimum fixture requirements {#sec-815-kar-20-191 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:191}
Section 1. General Requirements.
(1) In a building accommodating males and females, it shall be presumed that the occupants will be equally divided between males and females, unless otherwise denoted on the plan application documents.
(2) The occupancy load factor used to determine the total number of plumbing fixtures required in a building shall be the load denoted in the Kentucky Building Code, incorporated by reference in 815 KAR 7:120.
(3) All types of buildings shall be provided with toilet rooms on each level or floor, unless:
(a) Separate facilities on each level or floor are unnecessary; and
(b) Toilet rooms on every other level or floor shall be sufficient.
(4) Unisex Facilities in Historic Buildings. A building or structure that is listed in the National Register of Historic Places or designated as historic under Kentucky statute may provide the required number of plumbing fixtures in unisex facilities if the overall occupant load is 100 persons or less, except as required in swimming pool bathhouses, park services buildings, and bathhouses in Group B, public garages in Group S-2, Group E buildings, dormitories in Group R-2, Group I-2 buildings, and Group I-3 buildings.
(5) Unisex facilities in historic buildings permitted by this section shall not be required to provide urinals.
(6) Toilet rooms for males, females, and unisex shall be clearly marked.
(7) Upon written request, the department shall permit the temporary use of a mobile facility in accordance with this administrative regulation. The written request shall be submitted to the division and shall include the:
(a) Name of the owner;
(b) Address of the location of the building being served by the mobile facilities; and
(c) Dates for which the mobile facilities are to be used.
(8) Water closet type. All water closets in public restrooms shall be of an elongated bowl type with a split open front seat.
(9) Service sinks.
(a) One (1) service sink shall be required on each floor of a public building unless otherwise approved by the department.
(b) A request for exemption of a service sink shall be submitted in writing to the division.
(c) The division shall respond in writing to the requester either granting or denying the exemption request.
(d)
-
The division shall determine whether to grant or deny the exemption request based upon if the request increases the sanitation risk to the building.
-
The division's decision shall be made on a case-by-case basis.
-
The division shall consider factors such as:
a. If the building requires the mopping of floors, cleaning of surfaces, or is carpeted; and
b. If there are public restrooms that require mopping and cleaning on a particular floor.
(10) Urinal Substitution. A urinal may be substituted for a water closet for males if the substituted urinals do not exceed one third (1/3) of the required number of water closets for males.
(11) Public Facilities.
(a) Sanitary facilities shall be provided for the public if the building contains 5,000 square feet or more.
(b) In a mall or shopping center, the required facilities, based on one (1) person per 100 square feet of total area, shall be installed in individual stores or in a central toilet room area or areas, if:
-
The distance from the main entrance of a store does not exceed 500 feet; and
-
The toilet room area is accessible to physically disabled persons.
Section 2. Toilet Floor Construction Requirements.
(1) Floors in toilet rooms shall be constructed of nonabsorbent materials.
(2) If a wood floor is used, the wood floor shall be covered by other nonabsorbent materials.
(3) If two (2) or more fixtures that receive human waste are installed and a wood floor is not used, the toilet room shall have at least:
(a) One (1) floor drain; and
(b) One (1) accessible hose bibb.
Section 3. Fixture Requirements.
(1) The following chart shall provide the water closet, lavatory, drinking fountain, and urinal requirements for different occupancy groups.
(2) Facilities for Stages.
(a) A separate water closet and lavatory shall be provided for males and females in the stage area.
(b) A drinking fountain shall be provided in the stage and auditorium area.
(3) Carry-out food service facilities. A carry-out food service operation shall be exempt from providing toilet facilities for the use of the carry-out food service facility's patrons.
(4) Licensed food establishments. In all food establishments licensed by the Cabinet for Health and Family Services, Department for Public Health, the requirements of this subsection shall be met.
(a) Handwashing sinks.
-
All handwashing sinks shall have a minimum hot water temperature of 100 degrees Fahrenheit and a maximum hot water temperature of 120 degrees Fahrenheit.
-
Self-closing faucets shall provide a flow of water for no less than fifteen (15) seconds from activation.
-
Placement of handwashing sinks shall be approved by the Cabinet for Health and Family Services, Department for Public Health pursuant to 902 KAR 45:005.
(b) A three (3) compartment sink used for washing utensils shall be required and shall drain by a direct connection with a minimum of a two (2) inch drain.
(c) Dishwashing or ware washing machines shall discharge indirectly through a three (3) inch open receptacle.
(d) Residential type dishwashing machines shall discharge:
-
Through an air gap device; or
-
Indirectly through a three (3) inch open receptacle.
(e) Sinks solely used for food preparation shall discharge by an indirect connection to a minimum three (3) inch trap.
(f) All hub drains, open receptacles, floor sinks, or other waste receptacles shall extend one (1) inch above the floor plane unless a full grate or strainer is installed flush with the floor.
(g) Mobile food units. Occupied mobile food units not located within an existing permitted food establishment shall:
-
Meet the requirements of this code.
-
Have a waste tank no less than fifty (50) percent larger than the freshwater tank;
-
Have a National Sanitary Foundation (NSF) approved freshwater tank for potable water; and
-
Have a minimum of a three (3) compartment sink and one (1) hand sink.
(5) A restaurant with an occupancy of one (1) to fifteen (15) persons shall:
(a) Comply with the requirements for Group A-2 buildings; or
(b) Provide at least one (1) unisex facility consisting of one (1) water closet and one (1) lavatory.
(6) Employee Facilities.
(a)
-
Sanitary facilities within each building shall be provided for employees, unless an exception is approved by the division.
-
Examples of exceptions include buildings of non-occupancy, such as storage buildings or guard houses. These buildings shall not be required to have sanitary facilities if no one is working in the buildings. For guard houses, if the guard's normal scope of work requires him or her to enter buildings that already have sanitary facilities, then the guard house is not required to also have these facilities.
(b) If more than five (5) persons are employed, separate facilities for each sex shall be provided.
(c) For a tenant space within a building of 3,000 square feet or less of total gross floor area, employee facilities shall not be required if adequate interior facilities are provided within a centralized toilet room area or accessible areas having a travel distance of not more than 500 feet within the building in which the tenant space is located.
(7) Residential private rooms. Residential facilities in Group R-1, Group R-2, Group R-3, and Group R-4 that have a private bath attached to a private room shall have one (1) water closet, one (1) lavatory, and one (1) bathtub or shower.
(8) Kitchen type sinks. An apartment unit or a condominium unit in Group R-2 or Group R-3 buildings shall have a kitchen type sink.
(9) Waiting rooms. Waiting rooms in Group I-2 buildings and Group I-3 buildings shall provide at least one (1) water closet and one (1) lavatory.
(10) School drinking fountains.
(a) Group E (not including higher education facilities) buildings shall have the following:
-
A minimum of two (2) water bottle filling stations in each school;
-
A minimum of one (1) drinking fountain or water bottle filling station on each floor and wing of each school building; and
-
A minimum of one (1) drinking fountain or water bottle filling station for every seventy-five (75) students projected to attend the school upon completion of the proposed construction.
(b) A drinking fountain shall be equipped with:
-
A protective cowl; and
-
The orifice, which shall be one (1) inch above the overflow rim of the fountain.
(11) Park Service Buildings or Bathhouses. A park service building or bathhouse shall comply with the requirements established in 902 KAR 15:020 and this subsection.
(a) Except for a self-contained recreational vehicle community, each park shall provide one (1) or more central service buildings containing the necessary toilet and other plumbing fixtures established in this section.
(b) Except for a self-contained recreational vehicle community, sanitary facilities shall be provided as follows:
- If there are one (1) to fifteen (15) vehicle spaces, there shall be for:
a. Males: At least one (1) water closet, one (1) urinal, one (1) lavatory, and one (1) shower; and
b. Females: At least one (1) water closet, one (1) lavatory, and one (1) shower;
- If there are sixteen (16) to thirty (30) vehicle spaces, there shall be for:
a. Males: At least one (1) water closet, one (1) urinal, two (2) lavatories, and two (2) showers; and
b. Females: At least two (2) water closets, two (2) lavatories, and two (2) showers;
- If there are thirty-one (31) to forty-five (45) vehicle spaces, there shall be for:
a. Males: At least two (2) water closets, one (1) urinal, three (3) lavatories, and three (3) showers; and
b. Females: At least two (2) water closets, three (3) lavatories, and three (3) showers;
- If there are forty-six (46) to sixty (60) vehicle spaces, there shall be for:
a. Males: At least two (2) water closets, two (2) urinals, three (3) lavatories, and three (3) showers; and
b. Females: At least three (3) water closets, three (3) lavatories, and three (3) showers;
- If there are sixty-one (61) to eighty (80) vehicle spaces, there shall be for:
a. Males: At least three (3) water closets, two (2) urinals, four (4) lavatories, and four (4) showers; and
b. Females: At least four (4) water closets, four (4) lavatories, and four (4) showers;
- If there are eighty-one (81) to 100 vehicle spaces, there shall be for:
a. Males: At least four (4) water closets, two (2) urinals, five (5) lavatories, and five (5) showers; and
b. Females: At least five (5) water closets, five (5) lavatories, and five (5) showers; and
- If over 100 vehicle spaces are provided, there shall be provided at least:
a. One (1) additional water closet and one (1) additional lavatory for each sex per additional thirty (30) spaces or fraction thereof;
b. One (1) additional shower for each sex per additional forty (40) vehicle spaces or fraction thereof; and
c. One (1) additional urinal for males per additional 100 vehicle spaces or fraction thereof.
(12) Residential and Day Camp Sites. A residential or day camp site shall comply with the requirements established in 902 KAR 10:040 and this subsection.
(a)
-
Each residential camp site shall be provided with sanitary facilities for each sex as established in this subsection.
-
A day camp shall:
a. Not be required to provide shower facilities; and
b. Provide all other sanitary facilities for each sex as established in this section.
(b) Sanitary facilities shall be provided as follows:
- If there are one (1) to eighteen (18) persons served, there shall be for:
a. Males: At least one (1) water closet, one (1) urinal, one (1) lavatory, and one (1) shower; and
b. Females: At least two (2) water closets, one (1) lavatory, and one (1) shower;
- If there are nineteen (19) to thirty-three (33) persons served, there shall be for:
a. Males: At least two (2) water closets, one (1) urinal, two (2) lavatories, and two (2) showers; and
b. Females: At least two (2) water closets, two (2) lavatories, and two (2) showers;
- If there are thirty-four (34) to forty-eight (48) persons served, there shall be for:
a. Males: At least two (2) water closets, two (2) urinals, two (2) lavatories, and three (3) showers; and
b. Females: At least three (3) water closets, two (2) lavatories, and three (3) showers;
- If there are forty-nine (49) to sixty-three (63) persons served, there shall be for:
a. Males: At least three (3) water closets, two (2) urinals, three (3) lavatories, and four (4) showers; and
b. Females: At least four (4) water closets, three (3) lavatories, and four (4) showers;
- If there are sixty-four (64) to seventy-nine (79) persons served, there shall be for:
a. Males: At least three (3) water closets, three (3) urinals, three (3) lavatories, and five (5) showers; and
b. Females: At least five (5) water closets, three (3) lavatories, and five (5) showers;
- If there are eighty (80) to ninety-five (95) persons served, there shall be for:
a. Males: At least four (4) water closets, three (3) urinals, four (4) lavatories, and six (6) showers; and
b. Females: At least six (6) water closets, four (4) lavatories, and six (6) showers; and
- If over ninety-five (95) persons are served, there shall be provided at least:
a. One (1) additional water closet and one (1) additional lavatory for each twenty-five (25) persons or fraction thereof served;
b. One (1) additional shower for each twenty (20) persons or fraction thereof served; and
c. One (1) additional urinal for each additional fifty (50) males or fraction thereof.
(c) Coed day camps with equal number of males and females shall meet the fixture requirements of Group E school buildings (not including higher-education facilities) in the chart in subsection (1) of this section.
(d) Water closets may be substituted for urinals if facilities are to be used by both sexes.
Section 4. Fixture Alternatives.
(1) Lavatory alternatives.
(a) If a gang sink is installed, twenty four (24) inches of the gang sink shall equal one (1) lavatory.
(b) If a circular sink is installed, eighteen (18) inches of the circular sink basin shall equal one (1) lavatory.
(2) Urinal alternative. If a trough urinal is installed, twenty four (24) inches of the trough urinal shall equal one (1) urinal.
Section 5. Other Fixture Requirements.
(1) Modular Classrooms. If detached modular classrooms are used, sanitary facilities shall not be required, if:
(a) The entrance of the modular classroom for elementary grades through the fifth grade is within a developed travel distance not to exceed 100 feet from the accessible entrance to the main structure or an approved central modular restroom;
(b) The entrance of the modular classroom for sixth grade and above is within a developed travel distance not to exceed 200 feet, from the accessible entrance to the main structure or an approved central modular restroom;
(c) The travel path meets the accessibility requirements established in the Kentucky Building Code, 815 KAR 7:120; and
(d) There are sufficient fixtures in the main structure to serve the entire capacity of the school, including the modular classrooms.
(2) Laundry trays or clothes washers. Dormitories in Group R-2 shall have one (1) laundry tray or clothes washer for each fifty (50) persons or fraction thereof.
(3) Shower and bath requirements. Bathing fixtures requirements are as follows:
(a) Transient lodging facilities with private baths shall have one (1) bathtub or shower per room.
(b) Dormitories, fraternities, sororities, and rooming houses in Group R-2 shall have:
-
One (1) bathtub or shower for each eight (8) persons or fraction thereof up to 150 persons; and
-
If there are over 150 persons, one (1) additional bathtub or shower for each twenty (20) persons.
(c) Swimming pool bathhouses shall have one (1) shower per each fifty (50) persons or fraction thereof;
-
Showers shall be supplied with water at a temperature of not less than ninety (90) degrees Fahrenheit and at a flow rate of at least three (3) gallons per minute.
-
Thermostatic, tempering, or mixing valves shall be installed to prevent scalding of the bathers.
-
The requirement relating to bathhouse toilet room and shower facilities may be waived if the facilities are available to pool patrons within 150 feet from the pool.
(d) Groups F-1 and F-2 buildings shall provide one (1) shower for each fifteen (15) persons or fraction thereof, exposed to skin contamination from irritating, infectious, or poisonous materials.
(e) Group I-2 buildings shall have at least one (1) bathtub or shower for each fifteen (15) persons or fraction thereof.
History
- RELATES TO: KRS 58.200, 162.062, 318.160
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code regulating the construction, installation, and alteration of plumbing and plumbing fixtures and appliances, house sewers and private water supplies, and the methods and materials that may be used in Kentucky. This administrative regulation establishes the minimum plumbing fixture requirements for buildings in Kentucky.
- History: 7 Ky.R. 526; eff. 1-7-1981; Am. 8 Ky.R. 367; eff. 1-6-1982; 9 Ky.R. 837; eff. 2-2-1983; 10 Ky.R. 458; eff. 11-2-1983; 1018; eff. 3-31-1984; 12 Ky.R. 49; eff. 8-13-1985; 14 Ky.R. 1146; eff. 1-4-1988; 15 Ky.R. 613; 981; eff. 9-28-1988; 16 Ky.R. 2277; eff. 6-7-1990; 23 Ky.R. 1764; 2503; eff. 12-11-1996; 27 Ky.R. 236; 777; eff. 9-11-2000; 30 Ky.R. 2398; 31 Ky.R. 92; eff. 8-6-2004; TAm eff. 8-9-2007; 36 Ky.R. 218; 609; eff. 10-2-2009; 2135-M; 2327; 37 Ky.R. 375; eff. 6-23-2010; 39 Ky.R. 155; eff. 10-5-2012; 41 Ky.R. 183; 463; eff. 9-24-2014; 42 Ky.R. 2655, 2899; eff. 6-22-2016; 46 Ky.R.2558, 2942; eff. 7-28-2020.
815 KAR 20:195 Medical gas piping installations {#sec-815-kar-20-195 omnilex-key=us-ky-regs-official--title-815--815 KAR 20:195}
Section 1. Standards and Procedures.
(1) Installation standards. All new medical gas piping installation or an addition to an existing medical gas piping system shall comply with the applicable provisions of NFPA 99 Health Care Facilities Code.
(2) Permit required. A licensed master plumber shall apply for a permit to install medical gas piping prior to the installation. To obtain the permit, the master plumber shall:
(a) Pay a fifty (50) dollar base permit fee for the medical gas system for each building;
(b) Pay a twenty (20) dollar fee per opening; and
(c) Identify the person who shall install the installation.
(3) The person installing the medical gas piping shall be:
(a) A certified medical gas installer as required by NFPA 99 Health Care Facilities Code; and
(b) A licensed master plumber or journeyman plumber.
(4) Supervision by a master plumber. It shall be the responsibility of the licensed master plumber to ensure that the person doing the installation:
(a) Is properly certified as required by NFPA 99 Health Care Facilities Code;
(b) Uses the proper products and stores them correctly; and
(c) Requests and receives all inspections at the initial pressure test for the complete system from a qualified plumbing inspector.
(5) Final approval. Upon completion of the installation, the master plumber shall furnish the division with the certification from the medical gas system verifier as required by NFPA 99 Health Care Facilities Code.
Section 2. Incorporation by Reference.
(1) "NFPA 99 Health Care Facilities Code, 2012 Edition, National Fire Protection Association, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero St., Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) A copy may also be obtained by contacting the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101.815 KAR 20:195:
History
- RELATES TO: KRS 198B.050, 318.010, 318.134
- STATUTORY AUTHORITY: KRS 198B.040(10), 318.130, 318.134(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 318.130 requires the department to promulgate administrative regulations establishing the Kentucky State Plumbing Code to regulate plumbing. KRS 318.134(1) requires all persons, firms, or corporations to procure a plumbing installation permit from the department to construct, install, or alter, or cause to be constructed, installed, or altered any plumbing. KRS 318.134(3) requires the department to establish a reasonable schedule of fees and charges to be paid for plumbing installation permits and the necessary inspections incident thereto. This administrative regulation establishes the requirements and permitting fees for medical gas piping installation.
- History: 23 Ky.R. 2372; Am. 2746; eff. 1-9-1997; 30 Ky.R. 2404; 31 Ky.R. 97 eff. 8-6-2004; TAm eff. 8-9-2007; 35 Ky.R. 2613; 36 Ky.R. 103; eff. 7-29-2009; 39 Ky.R. 1509; 1887; eff. 4-5-2013; 41 Ky.R. 1204; 1796; eff. 3-6-2015; 42 Ky.R. 2661, 2904; eff. 6-22-2016; 46 Ky.R. 1693, 2449; eff. 6-2-2020; 48 Ky.R. 631; eff. 3-1-2022.
Chapter 25 Manufactured Homes and Recreational Vehicles
815 KAR 25:001 Definitions for 815 KAR Chapter 25 {#sec-815-kar-25-001 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:001}
Section 1. Definitions.
(1) "Alteration or conversion" means the replacement, addition, modification, or removal of any equipment or installations that may affect the following:
(a) The body and frame design and construction; or
(b) The plumbing, heat-producing, cooling, fuel burning, electrical, or fire and life safety systems.
(2) "ANSI" is defined by KRS 227.550(13).
(3) "B1 seal" and "B2 Seal" are defined by KRS 227.550(2).
(4) "Certificate of acceptability" means the certificate provided to the manufacturer by the department signifying the manufacturer's ability to manufacture, import, and sell manufactured homes or recreational vehicles within the state to retailers.
(5) "Certified installer" means an individual certified to install manufactured homes and mobile homes in Kentucky.
(6) "Certified installer seal" means a seal indicating that a manufactured home or mobile home has been installed by a certified installer.
(7) "DAPIA" means the Design Approval Primary Inspection Agency as used in 24 C.F.R. Part 3282.
(8) "Department" is defined by KRS 227.550(10).
(9) "Established place of business" is defined by KRS 227.550(4).
(10) "Federal act" is defined by KRS 227.550(5).
(11) "Frost line depth" means the minimum frost-protection depth for Kentucky as provided in Section R403 of the Kentucky Residential Code, incorporated by reference in 815 KAR 7:125.
(12) "Hard surface lot" means an area open to the public during business hours with a surface of concrete, asphalt, macadam, compacted gravel, stone, or other material of similar characteristics.
(13) "Installation" means the work performed by a certified installer on-site and the operations involved in the permanent securing and placement of a manufactured home or mobile home for the purpose of human occupancy.
(a) "Installation" includes:
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Preparation of a permanent foundation;
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Placement of polyvinyl covering on the ground, if applicable;
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Placement and connection of utilities performed by appropriately licensed contractors;
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Anchoring and tying down;
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Installation of any other accessory or appurtenance specified in the sales contract; and
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All activities within the scope of 24 C.F.R. Part 3285, the Department of Housing and Urban Development's Model Manufactured Home Installation Standards for new manufactured home installations.
(b) "Installation" does not include site preparation.
(14) "Manufactured home" is defined by KRS 227.550(6).
(15) "Manufacturer" is defined by KRS 227.550(8).
(16) "Mobile home" is defined by KRS 227.550(9).
(17) "NFPA" means the National Fire Protection Association.
(18) "Offer for sale" means to:
(a) Display, exhibit, sell, transfer, exchange, or otherwise advertise a manufactured home, mobile home, or recreational vehicle; or
(b) Negotiate the purchase, sale, or exchange of a manufactured home, mobile home, or recreation vehicle for a fee, commission, or other valuable consideration.
(19) "Permanent foundation" means a system of supports capable of transferring without failure, into soil or bedrock, the maximum design load imposed by or upon the structure.
(20) "Recreational vehicle" is defined by KRS 227.550(11).
(21) "Red tag" means a written notice that is applied to a manufactured home, mobile home, or recreational vehicle by a representative of the department signifying that the manufactured home, mobile home, or recreational vehicle needs repairs or the appropriate seal has not been applied.
(22) "Registration" means the transfer of title or other official recording of change of ownership.
(23) "Retailer" is defined by KRS 227.550(3).
(24) "Salvage unit" means any used manufactured home, mobile home, or recreational vehicle that is not approved for human habitation.
(25) "Site preparation" means work performed on the land in preparation for installation of a home.
(a) "Site preparation" Includes:
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Clearing and initial grading;
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Water drainage; and
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Vegetation control; and
(b) "Site preparation" does not include final grading after the home has been set.
(26) "State inspector" means a manufactured housing and recreational vehicle inspector employed by the department.
(27) "Suitable sign" means a permanently erected sign with the dealership name and type of dealership in letters at least six (6) inches high and at least one and one-half (1 1/2) inches wide.
(28) "Unlicensed retailer" means any person, firm, or corporation that sells or offers for sale a manufactured home or mobile home but is not a licensed retailer or is exempt from the definition of a retailer.
(29) "Used home" means a manufactured or mobile home offered for sale or sold after the original purchase.
History
- RELATES TO: KRS Chapter 227.550 - 227.665
- STATUTORY AUTHORITY: KRS 227.590
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.590 requires the department to establish and enforce administrative regulations reasonably required to effectuate the provisions of KRS 227.550 to 227.660. This administrative regulation establishes definitions for terms found in 815 KAR Chapter 25.
- History: 815 KAR 025:001. 45 Ky.R. 887, 1547; eff. 1-4-2019; Crt eff. 12-3-2025.
815 KAR 25:020 Recreational vehicles {#sec-815-kar-25-020 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:020}
Section 1. Standard for Recreational Vehicles.All recreational vehicles manufactured for sale within the Commonwealth of Kentucky shall comply with the applicable standards set forth in the NFPA 1192 Standard on Recreational Vehicles.
Section 2. Licensed Retailers.
(1) Application. An applicant for a recreational vehicle retailer license shall submit to the department:
(a) A completed Form HBC RV-2 Recreational Vehicle Retailer Application;
(b) A fee in the amount of $200 for one (1) full year, or a reduced amount prorated on a monthly basis for a period of less than a full year, payable to the Kentucky State Treasurer; and
(c) Proof of liability insurance naming the department as the certificate holder in the minimum amount of at least:
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$200,000 bodily injury or death for each person;
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$300,000 bodily injury or death for each accident; and
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$100,000 property damage.
(2) Application review period. All licenses shall be granted or denied in accordance with KRS 227.620(3).
(3) Certified Retailer. A licensed retailer may complete inspections for the public if the retailer qualifies as a certified retailer.
(a) An applicant to become a certified retailer shall complete and submit to the department Form HBC MH/RV-2 Request for Approval to Inspect.
(b) A certified retailer shall not:
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Perform negligent inspections or repairs on a unit; or
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Apply the wrong seal to a unit.
(4) Out-of-state retailers. To inspect and apply Kentucky seals for used recreational vehicles that are sold by out-of-state retailers for delivery into Kentucky, an out-of-state retailer shall be a Kentucky certified retailer.
(5) Periodic reports.
(a) A retailer shall maintain a record of all new or used units sold to include the:
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Serial numbers;
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B seal numbers;
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Date manufactured;
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Make of recreational vehicle; and
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Name and address of the purchaser.
(b) The retailer shall make the report available to any department employee upon request.
Section 3. Certificate of Acceptability.
(1) Certificate of acceptability requirement. A manufacturer shall not manufacture, import, or sell any recreational vehicle in the Commonwealth unless the manufacturer has received a certificate of acceptability issued by the department.
(2) Requirements for issuance. An applicant for a certificate of acceptability shall submit to the department:
(a) A completed Form HBC MH/RV-1 Application of Certificate of Acceptability;
(b) Its in-plant quality control systems;
(c) An affidavit certifying compliance with the applicable standards, such as NFPA 1192 as adopted through REVA;
(d) A $500 certification of acceptability fee for a full year, or a reduced amount prorated on a monthly basis for a period of less than a full year, by check or money order, made payable to the Kentucky State Treasurer; and
(e) Proof of general liability insurance to include lot and completed operations insurance in the minimum amount of at least:
-
$300,000 bodily injury or death for each person;
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$400,000 bodily injury or death for each accident; and
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$100,000 property damage.
(3) In-plant quality control. To obtain in-plant quality control approval, a manufacturer shall submit to an inspection by the department for field certification of satisfactory quality control. Applications for approval of in-plant quality control systems shall contain:
(a) A certified copy of the plans and specifications of a model or model-group for electrical, heating, and plumbing systems. All plans shall be submitted on sheets, the minimum possible size of which is eight and one-half (8 1/2) inches by eleven (11) inches, and the maximum possible size of which is twenty-four (24) inches by thirty (30) inches.
(b) The manufacturer's certification that the systems comply with:
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NFPA 1192 Standards on Recreational Vehicles; or
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ANSI A119.5 Park Trailers.
(c) A copy of the procedure that directs the manufacturer to construct recreational vehicles in accordance with the plans, specifying:
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Scope and purpose;
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Receiving and inspection procedure for basic materials;
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Material storage and stock rotation procedure;
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Types and frequency of product inspection;
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Sample of inspection control form used;
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Responsibility for quality control programs, indicating personnel, their assignments, experience, and qualifications;
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Test equipment;
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Control of drawings and material specifications; and
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Test procedures.
(4) Manufacturer and retailer. If the manufacturer is also a retailer, the manufacturer shall comply with retailer licensing provisions pursuant to Section 1 of this administrative regulation.
(5) Trade show. A certificate of acceptability shall not be required for manufacturers attending a recreational vehicle trade show within the Commonwealth of Kentucky if they do not sell recreational vehicles to Kentucky licensed retailers.
(6) Incorrect or Incomplete applications.
(a) If the department receives an incorrect or incomplete application, the department shall issue a correction notice specifying the defect to the applicant within thirty (30) days of receiving the application. If no corrected application is filed within thirty (30) days, the department shall deem the application abandoned and the fee forfeited.
(b) A corrected application submitted after the thirty (30) day period shall be processed as a new application.
(7) Proprietary information.
(a) The manufacturer shall label as proprietary any information relating to building systems or in-plant quality control systems that the manufacturer considers proprietary.
(b) The department, the inspection and evaluation personnel, and local enforcement agencies shall maintain and treat the designated information as proprietary unless the department determines that disclosure is necessary to carry out the purposes of KRS 227.550 through KRS 227.665 and 815 KAR Chapter 25.
(8) Alternative standards. A manufacturer may submit an alternative standard for recreational vehicles established by another state, federal government, or other independent third party for review by the department. If the department finds that the alternative standard for recreational vehicles is applicable to the standard adopted by this administrative regulation, then a certificate of accessibility shall be issued for those recreational vehicles.
Section 4. License and Certificate Renewals.
(1) Expiration of a license and certificate. A license and a certificate of acceptability shall expire on:
(a) For individuals, the last day of the licensee's or certificate holder's birth month in the following year; or
(b) For business entities:
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The last day of the licensee's or certificate holder's month of incorporation in the following year; or
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The last day of the birth month of the principal officer of the firm.
(2) Renewal procedure. A retailer and a manufacturer holding a certificate of acceptability wishing to renew a license or certificate shall submit to the department:
(a) A completed Form HBC MH/RV-3 License and Certification Renewal Application;
(b) Proof of continuing general liability insurance coverage; and
(c) A check or money order for the annual license fee payable to the Kentucky State Treasurer, in the amount of:
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$200 for a licensed retailer; or
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$500 for a certificate of acceptability.
Section 5. Recreational Vehicles in Manufacturers' or Retailers' Possession.
(1) Used recreational vehicle inspection.
(a) Prior to the offering for sale of any used recreational vehicle, or a recreational vehicle taken in trade, the retailer shall first certify that the electric, heating, plumbing, and fire and life safety systems are in a safe working condition.
(b) The retailer shall make any necessary repairs prior to offering the recreational vehicle for sale.
(c) The retailer shall affix a B seal to the recreational vehicle once any repairs have been made.
(d) If a seal is on the recreational vehicle prior to the inspection, the existing seal shall be removed and a new B seal placed on the recreational vehicle.
(2) Salvage units.
(a) A B2 seal shall be required if the retailer submits to the department an affidavit that the unit is a salvage unit.
(b) A salvage unit shall not be sold until it has been authorized, in writing, by the department to be labeled "salvage only" and the label has been affixed to the unit by the retailer.
(3) Sales between retailers.
(a) A seal shall not be required if a licensed retailer sells any unit to another licensed retailer.
(b) The retailer selling the unit shall submit prior notice of the sale to the department.
(4) All used recreational vehicles purchased outside the Commonwealth not bearing a Kentucky B seal shall be inspected as a used recreational vehicle by a certified retailer or the department.
(5)
(a) A recreational vehicle that is not in compliance with the requirements of this administrative regulation shall be:
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Corrected prior to the retailer certifying the recreational vehicle or offering the recreational vehicle for sale; or
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Classified as a salvage unit and issued a salvage label in accordance with this administrative regulation.
(b) All recreational vehicles requiring repairs or corrections prior to recreational vehicle certification shall be reported to the department specifying the repairs required to correct the deficiencies.
(6) A retailer shall submit a completed Form HBC RV-7 Recreational Vehicle Unit Certification Format to the department no later than the first week of each month.
(7) Fees for inspections. The fees for the inspection of recreational vehicles shall be:
(a) If performed by a certified retailer:
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Twenty (20) dollars per hour;
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Twenty-two (22) cents per mile, measured from the place of the certified retailer's place of business; and
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Twenty-five (25) dollars for the seal.
(b) If performed by the department:
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Thirty-five (35) dollars; and
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Twenty-five (25) dollars for the seal.
Section 6. Serial Numbers, Model Numbers, and Date Manufactured. A clearly designated serial number, model number, and date manufactured shall be stamped into the tongue or front cross member of the frame at the lower left hand side (while facing the unit) and if there is no tongue or cross member, then a data plate with this information shall be affixed on the outside in a conspicuous place.
Section 7. Change of Information.
(1) Manufacturers or retailers shall notify the department in writing within thirty (30) days of a change in the:
(a) Company or corporate name;
(b) Address of the company;
(c) Ownership interest of twenty-five (25) percent or more of the company within a twelve (12) month period; or
(d) Principal officers of the company.
(2) Manufacturers shall notify the department in writing within thirty (30) days of a change in the:
(a) Location of any manufacturing facility; or
(b) Location of a new manufacturing facility.
(3) If the business location of a retailer is changed, the department shall reissue the license to reflect the change of location without charge if it is located within the same county. A change of location to another county, which is not adjacent to the initial county, shall require a new license.
Section 8. Temporary Licenses.
(1) An unlicensed retailer may offer for sale recreational vehicles within the Commonwealth of Kentucky if the retailer purchases a temporary license from the department.
(2) Temporary license requirements. An out-of-state applicant for a temporary license shall:
(a) Be a duly licensed retailer in a state other than Kentucky;
(b) Furnish to the department proof of liability insurance in the minimum amount of at least:
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$200,000 bodily injury or death for each person;
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$300,000 bodily injury or death for each accident; and
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$100,000 property damage;
(c) Provide documentation to the department of a physical inspection by an authorized representative of the department that confirms that a B seal is attached to each new unit the retailer proposes to display, show, or offer for sale;
(d) Submit to the department Form HBC RV-6 Temporary RV Retailer's License;
(e) Provide the department with the name, location, and time of the proposed event;
(f) Pay by check or money order a temporary license fee of $100 made payable to the Kentucky State Treasurer;
(g) Certify to the department that the event shall comply with the Kentucky Fire code, 815 KAR 10:060;
(h) Possess a valid Kentucky sales tax certificate; and
(i) Be licensed in a state that has reciprocal provisions for temporary licensing of Kentucky retailers.
(3) An application for a temporary license shall be submitted to the department at least thirty (30) days prior to an event at which the retailer intends to offer for sale or sell recreational vehicles.
(4) A retailer shall not be issued more than two (2) temporary licenses per calendar year.
(5) Used recreational vehicles. A temporary license retailer shall not display, show, or offer for sale within the Commonwealth any used recreational vehicles except for used recreational vehicles with a Kentucky seal.
(6) Duration of temporary license. A temporary license shall not exceed fifteen (15) days.
(7) Temporary licenses shall be prominently displayed at the location where the applicant is transacting business. The license shall be valid only for the location stated on the application.
Section 9. Seals.
(1) Application for seals. For B seals, a licensed retailer shall submit to the department:
(a) A completed Form HBC MH-12, Application for Purchasing B Seals; and
(b) A fee of twenty-five (25) dollars for each B Seal requested, payable by check or money order to the Kentucky State Treasurer.
(2) Alteration or conversion of a unit bearing a seal.
(a) Any alteration of the plumbing, heat-producing equipment, electrical equipment installations or fire and life safety in a recreational vehicle which bears a seal, shall void the approval and the seal shall be returned to the department.
(b) The following shall not constitute an alteration or conversion:
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Repairs with approved component parts by the manufacturer;
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Conversion of listed fuel-burning appliances in accordance with the terms of the manufacturer's listing;
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Adjustment and maintenance of equipment;
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Replacement of equipment in kind; or
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Any change that shall not affect those areas regulated by the NFPA 1192.
(c) Any retailer proposing an alteration to a recreational vehicle bearing a seal shall apply to the department. The application shall include:
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The make and model of the recreational vehicle;
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The serial number;
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The state seal number;
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A complete description of the work to be performed together with plans and specifications if required; and
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The location of the recreational vehicle where work is to be performed.
(d) Upon completion of the alteration, the applicant shall request the department to make an inspection.
(e) Based on inspection of the alteration, the applicant shall purchase a replacement seal for a fee of twenty-five (25) dollars.
(3) Placement of B seals.
(a) Each B seal shall be assigned and affixed to a specific recreational vehicle.
(b) Assigned B seals shall not be transferable except upon prior approval of the department.
(c) A B seal that is not affixed as assigned shall be void, and the B seal shall be returned to or confiscated by the department.
(d) A B seal shall remain the property of the department and shall be seized by the department if there is of a violation of KRS 227.550 to 227.665 or this administrative regulation.
(e) A B seal shall be securely affixed by the door on the handle side at approximately handle height.
(f) Other seals, stamps, covers, or other markings shall not be placed within two (2) inches of the B seal.
(4) Lost or damaged seals.
(a) If a B seal becomes lost or damaged, the owner shall immediately notify the department in writing, specifying:
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The manufacturer;
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The recreational vehicle serial number; and
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When possible, the B seal number.
(b) All damaged B seals shall be returned to the department.
(c) Damaged and lost B seals shall be replaced by the department after an inspection and payment of the appropriate fee under Section 3(10) of this administrative regulation.
(5) Denial and repossession of seals.
(a) If the department discovers that a retailer fails to repair a used recreational vehicle under the standards and procedures set forth in KRS 227.550 to 227.665 and this administrative regulation or fails to comply with any provision for placement of B seals, the department shall provide notice to the retailer of the violations.
(b) The retailer shall fix the violations, and the retailer shall submit proof to the department that the violations were fixed.
(c) If the retailer continues to offer for sale recreational vehicles in violation of KRS 227.550 to 227.665 or this administrative regulation, applications for new seals shall be denied and the seals previously issued and unused shall be confiscated. The department shall reimburse the retailer for the price of the confiscated unused seals.
(d) After the retailer submits proof that the violations have been fixed, the retailer shall resubmit an application for B seals.
(6) Red Tagging.
(a) If any recreational vehicle bearing a B seal is found to be in violation of KRS 227.550 to 227.665 or this administrative regulation, the department shall attach to the vehicle a red tag and furnish the retailer a copy of same.
(b) The department, a retailer, or a manufacturer shall not remove the red tag until the necessary corrections have been made and approved by an inspection conducted by the department or a certified retailer.
Section 10. Incorporation by reference.
(1) The following material is incorporated by reference:
(a) "Form HBC MH/RV-1, Application of Certificate of Acceptability", April 2023;
(b) "Form HBC MH/RV-2, Request for Approval to Inspect", May 2020;
(c) "Form HBC MH/RV-3, License and Certification Renewal Application", April 2023;
(d) "Form RV-2, Recreational Vehicle Retailer Application", April 2023;
(e) "Form HBC RV-6, Temporary RV Retailer's License", May 2020;
(f) "Form HBC MH-12, Application for Purchasing Seals", May 2020;
(g) "Form HBC RV-7, Recreational Vehicle Unit Certification Format", November 2018;
(h) "NFPA 1192, Standard on Recreational Vehicles", 2018; and
(i) "ANSI A119.5, Park Trailers", 2015.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Code Enforcement, Manufactured Housing Branch, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 227.550 - 227.665
- STATUTORY AUTHORITY: KRS 227.570, 227.590, 227.620
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.590(1) requires the Department of Housing, Buildings and Construction to promulgate administrative regulations reasonably required to effectuate the provisions of KRS 227.550 to 227.660. KRS 227.570(1)(a) requires the department to promulgate administrative regulations establishing a process for licensing retailers and issuing certificates of acceptability to qualifying manufacturers. KRS 227.620(2) requires the department to promulgate administrative regulations establishing application and fee requirements for a retailer's license. KRS 227.620(4)(a) requires the department to establish fees for a retailer's license, a manufacturer's certificate of acceptability, and Class B, Class B1, and Class B2 seals, in accordance with KRS 227.620(4)(a), 1. to 4. This administrative regulation establishes the requirements for retailers to obtain a license to sell recreational vehicles and the standards for issuing a certificate of acceptability to manufacturers of recreational vehicles.
- History: 3 Ky.R. 341; 499; eff. 12-1-1976; 4 Ky.R. 196; eff, 2-1-1978; Recodified from 806 KAR 50:205, 7-5-1978; 7 Ky.R. 684; 8 Ky.R. 287; eff. 10-7-1981; 9 Ky.R. 1318; eff. 9-7-1983; 12 Ky.R. 599; eff. 12-10-1985; 15 Ky.R. 2292; 16 Ky.R. 22; eff. 7-7-1989; 17 Ky.R. 3530; 18 Ky.R. 290; eff. 7-30-1991; 45 Ky.R. 813, 1548; eff. 1-4-2019; TAm eff. 5-29-2020; 49 Ky.R. 2151; 50 Ky.R. 676; eff. 9-26-2023.
815 KAR 25:040 Fire safety requirements in manufactured and mobile homes {#sec-815-kar-25-040 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:040}
Section 1. Notice.
(1) Each manufactured home and mobile home community permitted pursuant to KRS 219.310 to 219.410 and each county clerk's office shall post Form HBC MH-15.
(2) A permitted manufactured home or mobile home community or a county clerk's office may use a current or previously generated notice as long as the notice:
(a) Sets forth the language contained in KRS 227.555(1) and (5); and
(b) States that the failure of a homeowner to comply with the requirements shall be a violation punishable by a fine pursuant to KRS 534.040.
Section 2. Posting Requirements.
(1) Placement.
(a) Form HBC MH-15 shall be permanently posted at each vehicle entrance to a manufactured home or mobile home community.
(b) The county court clerk shall post Form HBC MH-15 in a conspicuous place in the clerk's office.
(2) Display colors. The color of the letters on Form HBC MH-15 shall contrast with the background color of Form HBC MH-15.
(3) Size. The size of Form HBC MH-15 shall be a minimum of eight and one-half (8 1/2) by eleven (11) inches.
(4) Material used. Form HBC MH-15 shall be printed with and on material that will not deteriorate.
(5) Replacement. If a current notice or the Form HBC MH-15 becomes damaged or unreadable, the notice or Form HBC MH-15 shall be removed and a newly printed Form HBC MH-15 shall be posted in its place.
Section 3. Incorporation by Reference.
(1) Form HBC MH-15, "Notice of Fire-safety Responsibilities", May 2020, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Code Enforcement, Manufactured Housing Section, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. and 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 219.310 - 219.410, 227.555, 227.590, 227.630
- STATUTORY AUTHORITY: KRS 227.555, 227.590
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.590 requires the Department of Housing, Buildings and Construction to promulgate administrative regulations governing the manufacture, sale, and alteration of manufactured homes, mobile homes, and recreational vehicles. KRS 227.555 requires the department to design and cause to be placed a notice stating the requirements of KRS 227.555(1) and the penalty for noncompliance as set out in KRS 227.555(6). This administrative regulation establishes requirements for the notice.
- History: 815 KAR 025:040. 23 Ky.R. 3471; 2778; eff. 5-12-1997; 34 Ky.R. 864; 1431; eff. 1-4-2008; 45 Ky.R. 821, 1555; eff. 1-4-2019; TAm eff. 5-29-2020; Crt eff. 12-3-2025.
815 KAR 25:050 Administration and enforcement of manufactured housing construction standards {#sec-815-kar-25-050 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:050}
Section 1. Limitations on the Conversion or Alteration of a Home.
(1) Retailer repairs. A retailer shall not make any of the following changes to a manufactured home or mobile home without the written approval of the manufacturer or the manufacturer's agent:
(a) The addition or deletion of a window, door, or partition;
(b) The addition of an electrical circuit to accommodate a washer or dryer;
(c) The conversion of a heating, cooling, or fuel burning system from one (1) fuel to another, such as electric to gas, or gas to electric or oil;
(d) The use of improperly listed materials for the repair of a unit; or
(e) The installation of an unlisted heating, cooling, or fuel burning appliance.
(2) Certified retailer repairs. A certified retailer may alter or convert equipment and make repairs associated with the sale of a used manufactured home or mobile home in accordance with this administrative regulation.
(3) Changes requested by the purchaser. A change to the equipment, an appliance, or the interior or exterior furnishings of the home shall be made only with the written agreement of the purchaser.
(4) Other changes. The following actions shall be consistent with the sales contract in quality and quantity:
(a) Replacement or removal of equipment or an appliance listed on the data plate;
(b) Change or removal of furniture; or
(c) Other cosmetic changes.
Section 2. Retailer Lot Inspections. An employee of the department may enter a retailer's place of business to inspect:
(1) Each manufactured home or mobile home to ensure compliance with state and federal law; and
(2) All records a retailer is required to maintain in accordance with Section 3(1) through (3) of this administrative regulation.
Section 3. Required Records. The following records shall be maintained on the business premises from which the manufactured home or mobile home was sold or at corporate headquarters, if the headquarters are located in the Commonwealth, for at least three (3) years:
(1) Sales or purchase agreements, including Forms HBC MH-10, HBC MH-11, and HBC MH-8;
(2) Unit Inspection, Form HBC MH-16; and
(3) Monthly Manufactured Home Dealer Certification Form, Form HBC MH-7.
Section 4. Consumer Complaints.
(1) Upon written complaint and request by an owner or occupant, and to determine compliance with applicable law, a state inspector from the department may enter a privately-owned manufactured home or mobile home sold by a retailer.
(2) The department shall instruct the responsible party, either retailer, certified installer, or manufacturer, to correct a violation if the state inspector determines that:
(a) The home is in violation of construction standards contained in the federal act;
(b) The home has been damaged in transit; or
(c) The installation violates installation standards contained in the federal act.
(3) Failure of the retailer, certified installer, or manufacturer to correct a violation of safety standards shall subject the responsible licensee or certificate holder to the penalties established in KRS 227.630.
Section 5. Installation Inspections for used homes. The department may make random inspections, prior to or after installation of a used home, to:
(1) Determine compliance with the minimum installation requirements contained in the federal act;
(2) Ensure the used home is properly sealed;
(3) Ensure that the used home has not been damaged in transit; or
(4) Ensure the used home is correctly installed.
Section 6. Certified Retailer.
(1) A certified retailer shall meet the following requirements:
(a) Employ at least one (1) installer certified in accordance with 815 KAR 25:080;
(b) Certify to the department that the dealership is capable of performing minor maintenance to the following systems of manufactured homes:
-
Plumbing;
-
Heating;
-
Cooling;
-
Fuel-burning; and
-
Electrical; and
(c) Complete and submit Form HBC MH/RV-2 to the department.
(2) A certified retailer shall not:
(a) Perform negligent inspection or repair of a unit; or
(b) Apply the wrong seal to a unit.
(3) The department shall maintain a list of certified retailers qualified to practice in Kentucky.
Section 7. Inspection of Used Manufactured Homes or Mobile Homes.
(1) A used manufactured home or mobile home requiring a new seal shall be inspected by a state inspector or a certified retailer. The state inspector or certified retailer shall affix a B1 seal indicating the manufactured home's or mobile home's compliance or noncompliance with the federal act under which the home was constructed. A state inspector or certified retailer shall inspect:
(a) The plumbing and waste systems to determine if the systems are operable and free of leaks;
(b) The cooling system and heating or fuel-burning system to determine if they are operational;
(c) The electrical system, including the main circuit box, each outlet, and each switch to detect:
-
A damaged covering;
-
A missing screw; or
-
Improper installation;
(d) The presence of adequate and operable smoke detection equipment;
(e) The doors, windows, and general structural integrity of the unit;
(f) The existence of two (2) exits;
(g) Storm windows in a manufactured home, but not in a mobile home; and
(h) The sealing of all exterior holes to prevent the entry of rodents.
(2) A unit that is not in compliance with the applicable federal standards under which it was constructed shall be issued a B2 seal unless brought into compliance.
Section 8. Application for Seals.
(1) A retailer who possesses a used manufactured home or mobile home without a B seal, shall apply to the department for a B seal prior to offering the manufactured home or mobile home for resale. The application shall be:
(a) Filed on Form HBC MH-12; and
(b)
-
Accompanied by a request for an inspection; or
-
Accompanied by notification that a certified retailer will conduct the inspection.
(2) Placement of B seals.
(a) Each B seal shall remain the property of the department and be:
-
Assigned and affixed to a specific manufactured home or mobile home;
-
Transferable only if assigned between retailers;
-
Void if not affixed as assigned;
-
Returned to the department if unused; and
-
Seized for a violation of KRS 227.550 to 227.665 or this administrative regulation.
(b) The B seal shall be securely affixed on or next to the main entry door on the handle side at approximately handle height.
(c) Other seals, stamps, covers, or other markings shall not be placed within two (2) inches of the seal.
(3) Lost or damaged B seals.
(a) If a B seal is lost or damaged, the owner shall notify the department immediately, in writing, specifying:
-
The manufacturer;
-
The manufactured home serial number; and
-
The seal number, if known.
(b) A damaged B seal shall be promptly returned to the department.
(c) A lost or damaged B seal shall be replaced by the department after an inspection and payment of the appropriate fee under Section 10 of this administrative regulation.
Section 9. Inspection of Used Homes in Manufacturer's or Retailer's Possession.
(1) A retailer or manufacturer shall re-inspect and place a new B seal on a repossessed home or a home taken in trade or purchased by a retailer or manufacturer before the manufactured home or mobile home is offered for sale.
(2) A retailer or manufacturer shall submit to the department on a completed Form HBC MH-16 prior to placing a B seal on the used manufactured home or mobile home to certify compliance with Section 7(1)(a) through (h) of this administrative regulation.
(3) A retailer shall remove any existing B seal upon taking possession of a used home.
Section 10. Fees for inspections of used homes.
(1) The fee for an inspection of a used home shall be:
(a) If performed by a certified retailer:
-
Seventy-five (75) dollars;
-
Thirty-two (32) cents per mile traveled, measured from the place of the certified retailer's place of business; and
-
Twenty-five (25) dollars for the seal; and
(b) If performed by the department:
-
Seventy-five (75) dollars; and
-
Twenty-five (25) dollars for the seal.
(2) The department shall charge no fee for random inspections conducted pursuant to Section 5 of this administrative regulation.
Section 11. Prohibition of Sales.
(1) A home shall not be sold or transferred for use as human habitation or occupancy without:
(a) A current, valid, marketable title; and
(b) A HUD label or a B1 seal.
(2) A used home with a B2 seal shall not be resold unless the purchaser executes Form HBC MH-8.
(3) Sales between retailers. The requirement that a retailer inspect and apply B seals to each home before it is sold shall not apply if the resale is between retailers.
(4) As a condition of continued licensure, a retailer shall:
(a) Not sell or offer for sale a manufactured home or mobile home for which marketable title cannot be conveyed to the purchaser;
(b) Provide an application for title as soon as possible; and
(c) Demonstrate good cause for delay in providing an application for title, upon purchaser complaint.
Section 12. Red Tagging.
(1) The department shall:
(a) Attach a red tag to a manufactured home or mobile home found in violation of KRS 227.550 to 227.665 or this administrative regulation; and
(b) Furnish the retailer with a copy of the red tag.
(2) The red tag shall not be removed and the home shall not be sold unless:
(a) The department approves the correction of each violation and the red tag removal; or
(b) The sale is from an unlicensed retailer to a certified retailer, who applies a B seal and resells the manufactured home or mobile home.
Section 13. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "ANSI A225.1, Manufactured Home Installations", 1994 Edition;
(b) "Form HBC MH-7, Monthly Manufactured Home Retailer Certification Form", May 2020;
(c) "Form HBC MH-8, Affidavit of Sale (Salvage Only)", May 2020;
(d) "Form HBC MH-10, Consumer Protection Notice", May 2020;
(e) "Form HBC MH-11, Release for Delivery", August 2018;
(f) "Form HBC MH-12, Application Form for Purchasing Seals", May 2020;
(g) "Form HBC MH/RV-2, Request for Approval to Inspect", May 2020; and
(h) "Form HBC MH-16, Unit Inspection for B-Seal", May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Code Enforcement, Manufactured Housing Section, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 227.550 - 227.665, 227.990, 227.992, 42 U.S.C. Chapter 70
- STATUTORY AUTHORITY: KRS 227.590, 227.600
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.590 requires the Department of Housing, Buildings and Construction to promulgate administrative regulations governing the standards for the manufacture and sale of manufactured homes and mobile homes. KRS 227.600 requires the department to establish forms for application for seals of approval for previously owned manufactured homes or mobile homes which are not covered by the National Manufactured Housing Construction and Safety Standards Act and for previously owned recreational vehicles. This administrative regulation establishes standards for the design, manufacture, installation, and sale of new and used manufactured homes and mobile homes, and for B seal application requirements.
- History: 815 KAR 025:050. 27 Ky.R. 2972; 3254; eff. 6-8-2001; 34 Ky.R. 866; 1431; eff. 1-4-2008; 45 Ky.R. 822, 1556; eff. 1-4-2019; TAm eff. 5-29-2020; Crt to Am; filing deadline 6-3-2027.
815 KAR 25:060 Licensing and certifications with manufactured homes and mobile homes {#sec-815-kar-25-060 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:060}
Section 1. Licensed Retailer.
(1) License application.
(a) Except as provided in subsection (2) of this section, a person shall not engage in the business of selling manufactured homes or mobile homes within this state without holding a valid license issued by the department for each location.
(b) Before engaging in business, an applicant shall submit to the department:
-
The completed Form HBC MH-2;
-
A copy of a valid Kentucky sales tax certificate;
-
A check or money order for the annual license fee, in the amount of $250 for a full year, or a reduced amount prorated on a monthly basis for a period of less than a full year, payable to the Kentucky State Treasurer; and
-
Proof of insurance for general liability coverage that complies with KRS 227.610 in the amount of at least:
a. $200,000 bodily injury or death for each person;
b. $300,000 bodily injury or death for each accident; and
c. $100,000 for damage to property.
(c) An applicant whose place of business is in another state and who possesses a valid retailer license in another state shall:
-
Comply with this section;
-
Not be required to maintain an established place of business within Kentucky, if the applicant is not offering a home for sale within Kentucky; and
-
Provide a Kentucky B seal for a used manufactured home or mobile home unit sold for delivery into Kentucky.
(2) Exemptions from Licensure as Retailer.
(a) A manufactured home shall be exempt from seal requirements and a retailer shall be exempt from licensing if the unit:
-
Is brought into Kentucky for exhibition purposes only;
-
Is not sold in Kentucky; and
-
Inspection does not reveal a condition hazardous to health or safety.
(b) Real estate developer and retailer venture. A retail license shall not be required of a developer who purchases new HUD homes from a licensed Kentucky retailer, places the homes on a parcel of land, and offers the homes for sale to ultimate consumers, if:
-
The developer receives prior written approval from the department;
-
The home was installed by a certified installer;
-
The developer owns the homes and the lots upon which the homes are installed;
-
The manufacturer's warranty period begins upon possession and shall be transferred from the developer to the consumer-occupant;
-
The manufacturer's warranty support shall be performed in accordance with generally accepted standards for retail transactions;
-
The developer's documentation contains the name and location of the:
a. Developer;
b. Development; and
c. Retailer; and
- The retailer and installer provide the required services as warranted and as required by laws governing retailer and installer license or certification.
(3) Retailer's satellite location.
(a) An additional license shall not be required for a fully licensed retailer for the display or sale of a manufactured home located on an individual lot, in a subdivision, land-lease community, or manufactured home or mobile home park.
(b) A suitable sign identifying the name and business location of the retailer licensee shall be posted at the location.
(4) Qualified personnel required.
(a) Education requirements. A new retailer license or a renewal of an existing retailer license shall not be issued unless the retailer employs at least one (1) person in a management position who has successfully completed the educational training and departmental testing program administered as part of the Certified Installer Program under Section 3 of this administrative regulation. The proof of experience in Section 3(1)(a)7. shall not be required.
(b) Certification. The department shall classify a person qualifying under subsection (1) of this section as a certified manager.
(c) Exception. A certified manager shall not be required at each licensed location for a retailer with more than one (1) in-state location if:
-
The retailer has only one (1) set-up, installation, and delivery system located in Kentucky;
-
A certified manager supervises the work of the system; and
-
The arrangement is approved, in writing, by the department.
(5) Notification by Licensees.
(a) A retailer shall notify the department, in writing, within thirty (30) days of a change in:
-
Dealership name;
-
Address of business;
-
Retailer ownership interest of twenty-five (25) percent or more within a twelve (12) month period; or
-
Principal officer or chief managing officer of the firm.
(b) A change in ownership interest of less than twenty-five (25) percent of the company within a twelve (12) month period shall be reported at the time of the renewal of the license.
(c) A new license shall be required if an established business changes location to a different county.
(6) Maintenance of Records. A retailer shall:
(a) Complete and maintain Form HBC MH-7 for each new or used manufactured home or mobile home sold;
(b) Retain the completed Form HBC MH-7, for three (3) years; and
(c) Keep the form available for a field inspector upon request.
Section 2. Manufacturer's Certificate of Acceptability.
(1) Requirements for issuance. An applicant for a manufacturer's certificate of acceptability shall submit to the department:
(a) A completed Form HBC MH/RV-1;
(b) Proof of insurance for general liability coverage that complies with KRS 227.610 in the amount of at least:
-
$300,000 bodily injury or death for each person;
-
$400,000 bodily or injury or death for each accident; and
-
$100,000 for damage to property; and
(c) A certificate of acceptability fee in the amount of $500 for a full year, or a reduced amount prorated on a monthly basis for a period of less than a full year, by a check or money order made payable to the Kentucky State Treasurer.
(2) A manufacturer who is also a retailer shall comply with retailer licensing provisions in Section 1 of this administrative regulation.
(3) A manufacturer shall notify the department in writing, within thirty (30) days of a change in:
(a) Business name;
(b) Company address;
(c) Ownership interest of twenty-five (25) percent or more of the company within a twelve (12) month period;
(d) Location of the manufacturing facility;
(e) The number of facilities by virtue of the establishment of a new manufacturing facility; or
(f) Principal officer of the firm.
(4) A change in ownership interest of less than twenty-five (25) percent of the company within a twelve (12) month period shall be reported at the time of the renewal of the certificate of acceptability.
(5)
(a) A manufacturer who considers information relating to a building or in-plant quality control system to be proprietary shall designate the information as proprietary at the time of plan submission.
(b) The designated information shall be maintained and treated as proprietary by:
-
The department;
-
Inspection and evaluation personnel; and
-
Local enforcement agencies.
Section 3. Certified Installers.
(1) Initial application.
(a) An applicant for installer certification shall submit to the department:
-
A completed Form HBC MH-3, Certified Installer Application;
-
An application fee of $100;
-
Proof of successful completion of a fifteen (15) hour approved course of education;
-
A passing score on the certified installer examination administered by the department;
-
A certificate verifying current worker's compensation insurance coverage or a notarized waiver of exemption;
-
Proof of general liability insurance coverage in an amount not less than $250,000; and
-
Proof of experience in the form of:
a. A completed Form HBC MH-3A documenting the applicant's experience assisting in site preparation and installation of manufactured homes under the supervision of a certified installer for at least sixty (60) days and on at least five (5) homes; or
b. An affidavit documenting the applicant's experience assisting in site preparation and installation of manufactured homes under the supervision of a certified installer for at least one (1) year, as attested to by three (3) individuals who are licensed retailers, manufacturers, manufactured home community managers, manufactured home design professionals, or certified installers.
(b) An applicant who possesses an active installation license issued by the United States Department of Housing and Urban Development pursuant to 24 C.F.R. § 3286.201 through 24 C.F.R. § 3286.211 shall be exempt from the requirements of subparagraphs 4. and 7. of paragraph (a) of this subsection.
(c) An applicant who possesses an active installation license or certification in good standing from a jurisdiction with which the department has reciprocity shall be exempt from the requirements of subparagraphs 4. and 7. of paragraph (a) of this subsection.
(d) If an initial certificate is for a period of less than twelve (12) months, the fee shall be prorated pursuant to the schedule provided in Form HBC MH-3.
(2) An installer certification shall be issued in the name of the individual qualified under subsection (1) of this section. The individual may request that the certificate also bear the name of the employing company.
(3)
(a) If the certified installer changes his or her business name or is no longer associated with the company whose name appears upon the certificate, the certified installer shall inform the department and request an amended certificate reflecting the individual's status.
(b) If the certified installer is no longer associated with a company, that company shall not hold itself out as a certified installer or as having in its employ a certified installer until another certified person has become associated with that company.
(4) Certified Installer Seal. A certified installer who installs a manufactured home or mobile home in accordance with KRS 227.570(3) and this administrative regulation shall place a certified installer seal on the home.
(a) Certified installer seals shall be obtained from the department.
(b) The application shall be:
-
Filed on Form HBC MH-12, Application for Purchasing Seals; and
-
Accompanied by a fee of twenty-five (25) dollars for each seal.
(5) Application and placement of certified installer seals.
(a) Each certified installer seal consists of two (2) parts that shall be affixed as follows:
-
One (1) part shall be placed two (2) inches above the HUD label on the outside left corner of a manufactured home or on the outside left corner of a mobile home if a HUD label is not required; and
-
One (1) part shall be placed on the inside of the electrical panel in the manufactured home.
(b) Other seals, stamps, covers, or other markings shall not be placed within two (2) inches of the certified installer seal.
(6) Lost or damaged seals.
(a) If a certified installer seal becomes lost or damaged, the owner shall notify the department immediately, in writing, specifying:
-
The manufacturer;
-
The manufactured or mobile home serial number; and
-
The certified installer seal number, if known.
(b) A damaged seal shall be:
-
Promptly returned to the department; and
-
Replaced by the department for a fee of twenty-five (25) dollars.
(7) Recordkeeping. A certified installer shall:
(a) Complete and maintain Form HBC MH 40-30, Monthly Certified Installer Certification, for each certified installation;
(b) Retain the completed Form HBC MH 40-30, Monthly Certified Installer Certification, for three (3) years;
(c) Make a copy of the form available to a state inspector upon request; and
(d) Send the department a monthly report of the information found in HBC MH 40-30 by mail, electronic mail, or facsimile.
Section 4. Renewals.
(1) Expiration of licenses and certificates. A license, a certificate of acceptability, and an installer certification, unless renewed, revoked, or suspended, shall expire on:
(a) For individuals, the last day of the licensee's birth month in the following year; or
(b) For business organizations:
-
The last day of the licensee's month of incorporation in the following year; or
-
The last day of the licensee's birth month in the following year.
(2) Renewal of licenses and certificates.
(a) A retailer, manufacturer, or certified installer, wishing to renew a license or certification, shall submit:
-
A completed License and Certification Renewal, Form HBC MH/RV-3;
-
Proof of continuing general liability insurance coverage; and
-
A check or money order for the renewal fee, in the amount of:
a. $250 for a licensed retailer;
b. $500 for a certificate of acceptability; or
c. Fifty (50) dollars for an installer certification.
(b) A retailer, manufacturer, or certified installer shall renew a license or certificate before the license or certificate expires pursuant to subsection (1) of this section.
(c) A certified installer shall submit proof of completion of the continuing education requirements established in 815 KAR 1:030.
(d) A retailer and manufacturer shall maintain at least minimum general liability insurance and shall notify the department if there is a change in insurance coverage.
(3) A certified installer may place his or her certification in inactive status.
(a) To place an installer certification in inactive status, a certified installer shall pay an inactive fee of fifty (50) dollars.
(b) An inactive certified installer shall return any unused certified installer seals to the department within thirty (30) days of his or her certification becoming inactive.
(c) An inactive certified installer shall not install manufactured or mobile homes, represent him or herself as a certified installer, or otherwise engage in the work of a certified installer.
(d) To reactivate an inactive installer certification, the certificate holder shall complete all renewal requirements of subsection (2) of this section and pay a fifty (50) dollar renewal fee.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) Form HBC MH/RV-1, "Application of Certificate of Acceptability", April 2023;
(b) Form HBC MH-2, "Application for Manufactured Home Retailer's License", April 2023;
(c) Form HBC MH-3, "Certified Installer Application", April 2023;
(d) Form HBC MH-3A, "Installer Training Verification Form", April 2023;
(e) Form HBC MH/RV-3, "License and Certification Renewal", April 2023;
(f) Form HBC MH-12, "Application for Purchasing Seals", May 2020;
(g) Form HBC MH-7, "Monthly Manufactured Home Retailer Certification Form", May 2020; and
(h) Form HBC MH 40-30, "Monthly Certified Installer Certification", May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Code Enforcement, Manufactured Housing Branch, 500 Mero Street, First Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30 p.m. and is available online at https://dhbc.ky.gov.
History
- RELATES TO: KRS 227.550, 227.570, 227.580, 227.590, 227.600, 227.610, 227.620, 227.630, 227.990
- STATUTORY AUTHORITY: KRS 227.570(1)(a), (2), (3), 227.580, 227.590, 227.620(4)(a)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.590(1) requires the department of Housing, Buildings and Construction to promulgate administrative regulations reasonably required to effectuate the provisions of KRS 227.550 to 227.660. KRS 227.580 makes it unlawful for a manufacturer to manufacture, import, or sell manufactured homes in Kentucky without a certificate of acceptability. KRS 227.570(3) requires the department to promulgate administrative regulations to establish standards for the certified installer seal program. KRS 227.570(1)(a) requires the department to promulgate administrative regulations establishing a process for licensing retailers and issuing certificates of acceptability. KRS 227.620(4)(a) requires the department to establish fees for a retailer's license, manufacturer's certificate of acceptability, and Class B, Class B1, and Class B2 seals, in accordance with KRS 227.620(4)(a) 1. to 4. This administrative regulation establishes the standards for licensing persons and companies engaged in the sale of manufactured homes and mobile homes, establishes the standards for certificate of acceptability for manufacturers of manufactured homes, and establishes the requirements for certified installer seals and certification of manufactured home installers.
- History: 27 Ky.R. 2975; 3257; eff. 6-8-2001; 34 Ky.R. 869; 1434; eff. 1-4-2008; 35 Ky.R. 2367; 2746; eff. 7-6-2009; 45 Ky.R. 827, 1560; eff. 1-4-2019; TAm eff. 5-29-2020; 49 Ky.R. 2156, 50 Ky.R. 679; eff. 12-5-2023.
815 KAR 25:090 Site preparation, installation, and inspection requirements {#sec-815-kar-25-090 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:090}
Section 1. Minimum Site Preparation and Installation Standards.
(1) Site preparation, installation, and ground anchoring shall be performed for:
(a) A new manufactured home in accordance with the manufacturer's instructions, if available, or 24 C.F.R. Part 3285; and
(b) A used manufactured home or a mobile home in accordance with the manufacturer's instructions, if available, or ANSI A225.1, Manufactured Home Installation, as established by KRS 227.570(3).
(2) The permanent foundation shall be installed:
(a) In accordance with the manufacturer's installation instructions;
(b) In accordance with the following methods and materials designed to protect from the effects of frost heave:
-
With conventional footings below the frost line depth;
-
As a monolithic slab system in accordance with accepted engineering practice and approved by the manufacturer and its associated DAPIA; or
-
As an insulated foundation system in accordance with accepted engineering practice and approved by the manufacturer and its associated DAPIA; and
(c) Using the following materials and methods:
-
Piers set partially or completely below grade;
-
Footers and perimeter blocking, if required;
-
ABS pads;
-
Ground anchors, concrete anchors, or other anchoring systems approved by the manufacturer and its associated DAPIA;
-
Concrete block;
-
Concrete slab;
-
Continuous and spot footings;
-
Pile or post systems;
-
Steel supports;
-
Concrete, concrete block, or other load bearing perimeter walls; or
-
Another foundation system approved by a licensed engineer as well as the manufacturer and its associated DAPIA.
(3) The following parts of the chassis of a manufactured home shall be removed after the on-site construction of a permanent foundation:
(a) Towing hitch;
(b) Running gear;
(c) Axles;
(d) Brakes;
(e) Wheels; and
(f) Other parts that operate only during transport.
(4) Only a certified installer shall install a manufactured home or mobile home.
(5) All exterior electric, water, and sewer connections and additions to a manufactured home or mobile home shall be performed in accordance with the Kentucky Residential Code, as incorporated by reference in 815 KAR 7:125.
(6)
(a) Underpinning shall be installed on a manufactured home or mobile home if required by the manufacturer's instructions.
(b) If underpinning is installed on a manufactured home or mobile home, the underpinning shall include at least one (1) access panel or door that shall:
-
Be at least eighteen (18) inches in width and twenty-four (24) inches in height;
-
Be at least three (3) square feet in dimension;
-
Be located so that all utility connections under the home are accessible;
-
Be clearly labeled for identification; and
-
Not be obstructed.
(c) An access panel required by this subsection shall not be permanently secured to the home.
Section 2. Site Preparation and Installation Responsibility.
(1) Responsibility for site preparation. A retailer shall:
(a) Perform site preparation;
(b) Contract with an independent certified installer to perform site preparation; or
(c) Assist a requesting purchaser in documenting the purchaser's voluntary responsibility, if any, to perform site preparation functions specified in Form HBC MH-10 and the contract by:
-
Providing, explaining, and assisting in the completion of Form HBC MH-10; and
-
Determining the readiness of the site.
(2) Responsibility for installation services. A retailer shall:
(a) Perform installation services, if the retailer is a certified installer or employs a certified installer; or
(b) Contract with an independent certified installer to perform installation services.
(3) Responsibilities upon the execution of a contract of sale of a new manufactured home. A retailer shall:
(a) Submit an application to the department that contains the following information:
-
Name, address, and telephone number of the purchaser;
-
Address of the manufactured home, if different from the purchaser's address;
-
Date of purchase;
-
United States Department of Housing and Urban Development certification label (HUD tag) number;
-
Serial number of the new manufactured home;
-
Date of installation; and
-
Name and certification number of the certified installer;
(b) Supply the purchaser with Form HBC MH-17; and
(c) Include in its closing documents for the sale of a new manufactured home the following:
-
A notice, on a form provided by the department, advising the purchaser that inspection of the new manufactured home's installation is required; and
-
The consumer disclosure as required by 24 C.F.R. Part 3286.7.
(4) Unlicensed retailers.
(a) An unlicensed retailer shall not sell or offer for sale more than one (1) manufactured home or mobile home in any consecutive twelve (12) month period.
(b) By no later than ten (10) days after the sale of a manufactured home or mobile home by an unlicensed retailer, the unlicensed retailer shall notify the department in writing of the following:
-
Name, address, and telephone number of the unlicensed retailer;
-
Name, address, and telephone number of the purchaser;
-
Date of purchase;
-
United States Department of Housing and Urban Development certification label (HUD tag) number, if any;
-
Serial number of the new manufactured home; and
-
Date of installation.
Section 3. Inspections of New Manufactured Home Installations.
(1) Site and footer inspection.
(a) The retailer shall do the following:
-
Coordinate with the department to schedule the site and footer inspection.
-
Provide the manufacturer's footing design to the department for review at least five (5) working days prior to the department's inspection of the site and footer location,
-
Not commence, or cause to commence, any installation services other than the site and footer location preparation until the department has completed its inspection and issued approval of the site preparation and footer location preparation.
(b) Before the new manufactured home is set, the department shall inspect:
-
The site preparation; and
-
The location intended for the methods and materials used to protect against frost heave in accordance with the manufacturer's installation instructions and this administrative regulation.
(c) The site and footer inspection shall be made by a state inspector.
(d) The site and footer inspection may be completed by a physical inspection or an electronic inspection.
(e) A site and footer inspection shall be scheduled with the retailer, certified installer, or property owner at least one (1) business day in advance and shall be completed by the department within three (3) business days of the scheduled inspection.
(2) Installation inspection.
(a) The department shall inform the installer, purchaser, and, if applicable, the retailer, at least one (1) day prior to the intended inspection of the installation of a new manufactured home.
(b) A person shall not obstruct, hinder, or delay a state inspector in the performance of his or her duty.
(c)
- Upon completion of the inspection of a new manufactured home, the state inspector shall:
a. Issue a report to the installer, purchaser, and, if applicable, the retailer verifying that the installation complies with the minimum installation requirements of Section 2(1) of this administrative regulation; or
b. Issue a report to the installer and, if applicable, the retailer identifying all deficiencies and the corrective action required to ensure the installation complies with the minimum installation requirements of Section 2(1) of this administrative regulation.
a. The installer shall correct all deficiencies and take all corrective action identified by the state inspector's report of deficiency within thirty (30) days of the date of issuance of the report.
b. If all required corrections have been made within the period established in paragraph (b)2.a. of this subsection, the state inspector shall issue a report to the installer, purchaser, and if applicable, the retailer verifying that the installation complies with the minimum installation requirements of Section 2(1) of this administrative regulation.
c. If any of the required corrections have not been made within the period established in paragraph (b)2.a. of this subsection, the state inspector shall issue a report to the installer, purchaser, and if applicable, the retailer identifying:
(i) All deficiencies that were corrected in compliance with the report established in paragraph (b)1.b. of this subsection; and
(ii) All remaining deficiencies and the remaining corrective action required to ensure the installation complies with the minimum installation requirements of Section 2(1) of this administrative regulation.
Section 4. Inspection Fees.
(1) Installation inspection fee.
(a) The retailer shall pay the department an installation inspection fee of $110 prior to the site and footer inspection conducted by the department.
(b) One (1) site and footer inspection and one (1) installation inspection shall be included by the payment of the installation inspection fee.
(2) Re-Inspection fees.
(a) A retailer shall pay a $100 re-inspection fee to the department for additional inspections needed to determine if deficiencies found during the site and footer inspection or the installation inspection were corrected.
(b) The re-inspection fee shall be paid before or at the time of any subsequent inspection.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "ANSI A225.1, Manufactured Home Installations", 1994 Edition;
(b) "Form HBC MH-10, Consumer Protection Notice", May 2020; and
(c) "Form HBC MH-17 Site Preparation and Post Installation Guidelines", May 2020.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Building Code Enforcement, Manufactured Housing Section, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.
History
- RELATES TO: KRS 227.550, 227.570, 227.590, 227.660, 227.990, 24 C.F.R. 3285, 24 C.F.R. 3286.7
- STATUTORY AUTHORITY: KRS 227.570, 227.590(1)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.570 requires the Department of Housing, Buildings and Construction to establish and enforce standards and requirements for installation of plumbing, heating, and electrical systems in manufactured homes or mobile homes as it determines are reasonably necessary to protect public health and safety. KRS 227.590(1) requires the department to establish administrative regulations reasonably necessary to effectuate the provisions of KRS 227.550 to 227.660. This administrative regulation establishes minimum requirements for the installation and inspection of manufactured homes or mobile homes on permanent foundations.
- History: 815 KAR 025:090. 27 Ky.R. 2979; 3261; eff. 6-8-2001; 29 Ky.R. 571; 965; eff. 10-16-2002; 34 Ky.R. 876; 1436; eff. 1-4-2008; 45 Ky.R. 832, 1563; eff. 1-4-2019; TAm eff. 5-29-2020; Crt to Am, filing deadline 6-3-2027
815 KAR 25:100 Alternative dispute resolution and mediation program {#sec-815-kar-25-100 omnilex-key=us-ky-regs-official--title-815--815 KAR 25:100}
Section 1. Kentucky Manufactured Housing Mediation Program. The department shall administer the Kentucky Manufactured Housing Mediation Program.
Section 2. Eligibility for Mediation.
(1) A consumer, applicant, or a licensee subject to disciplinary action under KRS 227.640, may request mediation prior to a formal hearing under KRS Chapter 13B.
(2) A request to mediate shall be submitted to the department in writing.
Section 3. Mediation Procedures.
(1) Mediations shall be conducted by the Office of Administrative Hearings within the Public Protection Cabinet.
(2) Mediations shall be scheduled by the Office of Administrative Hearings within the Public Protection Cabinet at a time agreed upon by all participants.
(3) The mediation may be rescheduled with written agreement of all participants.
(4) If the mediator initially assigned has a conflict of interest, the mediator, or the participants, shall request an alternate mediator from the Office of Administrative Hearings within the Public Protection Cabinet.
(5) Mediation shall proceed only if each participant is present and has full settlement authority. The participants shall be responsible to ensure that all necessary persons are present at the mediation.
(6) Participation in the mediation shall constitute an agreement by the participants that all offers of compromise, promises, or statements made in the course of the mediation shall not be offered at any subsequent hearing or trial relating to the subject matter of the dispute unless otherwise discoverable.
(7) The content of the mediation shall remain confidential as permitted by state and federal law.
(8) The mediator shall not be subject to participation or subpoena in subsequent proceedings regarding the matter mediated.
(9) Following successful mediation, an agreement shall be prepared at the direction of the mediator and executed by the participants.
Section 4. Costs of Mediation. Cost of mediations conducted pursuant to this administrative regulation shall be divided equally among the participants.
History
- RELATES TO: KRS 13B, 227.550, 227.640(4)
- STATUTORY AUTHORITY: KRS 227.590(1), 227.640(4)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.590(1) requires the Department of Housing, Buildings and Construction to promulgate administrative regulations to effectuate the provisions of KRS 227.550 to 227.660. KRS 227.640(4) requires the department to establish a dispute resolution process that may be used prior to a formal hearing under KRS Chapter 13B. This administrative regulation establishes a mediation process for dispute resolution.
- History: 815 KAR 025:100. 36 Ky.R. 955; 1227; 1-4-2010; 45 Ky.R. 827, 1560; eff. 1-4-2019; Crt eff. 12-3-2025.
Chapter 30 Hazardous Materials
815 KAR 30:010 LP gas license; financial responsibility required {#sec-815-kar-30-010 omnilex-key=us-ky-regs-official--title-815--815 KAR 30:010}
Section 1. Definitions.
(1) "Liquefied petroleum gas" or "LP gas" is defined by KRS 234.100.
(2) "LP Gas License, Class A" means a license required for a person to engage in the liquefied petroleum gas business as described in KRS 234.120(1)(a).
(3) "LP Gas License, Class B" means a license required for a person to engage in the liquefied petroleum gas business as described in KRS 234.120(1)(b).
(4) "LP Gas License, Class C" means a license required for a person to engage in the liquefied petroleum gas business as described in KRS 234.120(1) (c).
(5) "LP Gas License, Class D" means a license required for a person to engage in the liquefied petroleum gas business as described in KRS 234.120(1)(d).
(6) "LP Gas License, Class E" means a license required for a person to engage in the liquefied petroleum gas business as described in KRS 234.120(1)(e).
Section 2. Initial Application Requirements. An applicant for a LP gas license, class A, class B, class C, class D, or class E shall submit to the department:
(1) A completed License Application to Engage in the Liquefied Petroleum (LP) Gas Business, Form HAZMAT 38-01;
(2) The applicable prorated fee required by KRS 234.120(1); and
(3) Proof of minimum liability insurance as required by KRS 234.120(1).
Section 3. Proof of Insurance. An applicant shall provide proof of minimum liability insurance by providing an insurance certificate from an insurance provider approved by the Kentucky Department of Insurance with the Department of Housing, Buildings and Construction named as the certificate holder.
Section 4. Renewal Requirements.
(1) Initial licenses shall expire on the last day of the licensee's birth month or month of incorporation in the next even-numbered year. Renewed licenses shall be valid for one (1) year and shall expire on the last day of the licensee's birth month or month of incorporation.
(2) To renew a LP gas license a licensee shall submit to the department:
(a) A completed Form HAZMAT 38-01;
(b) The applicable fee required by KRS 234.120(1); and
(c) Proof of minimum liability insurance as required by KRS 234.120(1).
Section 5. Incorporation by Reference.
(1) "License Application to Engage in the Liquefied Petroleum (LP) Gas Business", Form HAZMAT 38-01, April 2021, is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Licensing Branch, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at dhbc.ky.gov.
History
- RELATES TO: KRS 234.120, 234.130
- STATUTORY AUTHORITY: KRS 234.120(3)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 234.120 authorizes the commissioner to promulgate reasonable administrative regulations requiring proof of ability to respond in damages for personal injury and property damages in the minimum amounts required under KRS 234.120(1). This administrative regulation establishes the initial application and renewal requirements for LP gas license applicants and LP gas licensees.
- History: 1 Ky.R. 96; eff. 11-13-1974; Recodified from 806 KAR 50:060, 7-5-1978; Am. 15 Ky.R. 2300; eff. 7-7-1989; 19 Ky.R. 825; eff. 11-9-1992; 20 Ky.R. 1700; 2354; eff. 3-14-1994; 21 Ky.R. 1792; eff. 3-6-1995; TAm eff. 8-9-2007; 48 Ky.R. 633; eff. 3-1-2022.
815 KAR 30:060 Certification of underground petroleum storage tank contractors {#sec-815-kar-30-060 omnilex-key=us-ky-regs-official--title-815--815 KAR 30:060}
Section 1. Definitions.
(1) "Certified contractor" means an individual or organization certified by the State Fire Marshal as qualified to:
(a) Engage in the business of installing, repairing, interior lining, installing corrosion protection, or removing or closing a UPST system; or
(b) Supervise an employee engaged in an activity listed in paragraph (a) of this subsection.
(2) "Close" or "closure" means permanently taking an underground storage tank out of service without removing it from the ground.
(3) "Remove" or "removal" means permanently taking an underground storage tank or a component out of service by removing it from the ground.
(4) "Repair":
(a) Means the restoration of a UPST system or component; and
(b) Does not mean routine maintenance or corrosion protection applied to an existing installation or the application of interior lining.
(5) "Routine maintenance" means servicing the UPST system or a component without excavation.
(6) "Underground storage tank" is defined by KRS 224.60-100(1).
(7) "Upgrade":
(a) Means a modification or addition to a UPST system; and
(b) Does not mean routine maintenance.
(8) "UPST system" means an underground storage tank that is used solely for the storage of petroleum or a petroleum product.
Section 2.
(1) A permit for the installation of a UPST system shall not be issued by the State Fire Marshal unless the applicant for the permit:
(a) Is certified by the State Fire Marshal's office; and
(b) Assures the State Fire Marshal's Office, in writing, that the installation shall comply with all applicable requirements of 815 KAR 10:060 and 401 KAR Chapter 42.
(2) An individual or company shall not install, remove, repair, interior line, install corrosion protection, or close a UPST system unless the installation, removal, interior lining, or installation of corrosion protection repair or closure:
(a) Is made by a certified contractor; and
(b) Complies with all applicable requirements of 815 KAR 10:060 and 401 KAR Chapter 42.
(3) A certificate authorizing a company to engage in an activity regulated by this administrative regulation shall be issued under the name of the company if the company:
(a) Applies for the certification; and
(b) Has in its employ at least one (1) certified contractor who:
-
Meets the supervision requirements established in Section 3 of this administrative regulation; and
-
Shall:
a. Direct an employee engaged in an activity regulated by this administrative regulation; and
b. Exercise independent judgment regarding the recommendation of an activity to an employee acting under his direction.
Section 3. Supervision Requirements.
(1) A certified contractor shall be present on site for:
(a) Preparation of the excavation immediately prior to receiving backfill or a component of the UPST system;
(b) Setting of the UPST system, including placement of an anchoring device, backfilling to the level of the UPST system, and strapping;
(c) Installing piping and its components, field coating, or corrosion protecting piping and its components;
(d) Final inspection and pressure testing of a component of the tank or piping component of the UPST system; and
(e) Completion of the backfilling and filling of the excavation.
(2) A repair to a UPST system shall require a certified contractor to be present on site for the:
(a) Actual excavation of an existing UPST system;
(b) Actual performance of a repair to the UPST system;
(c) Connection of a component of the piping during the repair project;
(d) Pressure testing of the UPST or its associated piping during the repair project;
(e) Replacement of a piping valve, fill pipe, vent, leak detection device, or spill and overfill protection device; and
(f) Addition of a leak detection device or spill and overfill device.
(3) Preparation for closing a UPST system shall require a certified contractor to be present on site for:
(a) The cleaning and purging of a UPST system;
(b) The filling of a UPST system with an inert solid material;
(c) All testing associated with the cleaning and purging processes; and
(d) The disconnection or capping of a component of the UPST system during the closing.
(4) Removal of a UPST system shall require a certified contractor to be present on site during:
(a) The cleaning and purging of the UPST system;
(b) The actual excavation and removal of the UPST system or a component;
(c) All testing associated with the cleaning and purging process; and
(d) The disconnection or capping of a component of the UPST system during the removal.
(5) The interior tank lining of a UPST system shall require a certified contractor to be present on site during:
(a) The cleaning and purging of the UPST system;
(b) The excavation of the tank top;
(c) The cutting of the top of the tank;
(d) The entry of the tank;
(e) The preparation of the interior of the tank;
(f) The application of the lining of the tank; and
(g) The closing and testing of the tank.
(6) The installation of corrosion protection to a UPST system shall require a certified contractor to be present on site during:
(a) Excavation; and
(b) The installation of an approved corrosion protection system.
Section 4. Certificate Availability. Each certified contractor shall have a copy of the current certificate issued by the State Fire Marshal at the location where the work is being supervised. Upon request of a fire official or agent of the Energy and Environment Cabinet, a certified contractor shall make the current certificate available for inspection.
Section 5. Application for Certification Requirements. Each applicant for certified contractor shall:
(1) Submit an application accompanied by a nonrefundable fee of $300, to the State Fire Marshal, on application form SFM/UPST #01, May, 2020;
(2) Be an individual at least eighteen (18) years of age;
(3) Verify to the State Fire Marshal the individual's experience in the installation of, performance of repairs on site to, interior lining of, installation of corrosion protection, and closure and removal of UPST systems, as required by Section 6 of this administrative regulation;
(4) Complete the examination requirements of Section 7 of this administrative regulation;
(5) Provide proof of financial capability for taking corrective action and for compensating a third party for bodily injury or property damage by submitting certificates of general liability insurance in the minimum amount of $500,000 and pollution liability insurance or other proof of financial capability to respond to damages in the minimum amount of $25,000 per occurrence; and
(6) If the individual wishes the certificate to be issued with a company name, indicate the company name on the application form. The company shall provide the insurance certificates required by subsection (5) of this section and comply with this administrative regulation.
Section 6. Experience Requirements.
(1) The person making application shall demonstrate that within five (5) years immediately prior to making application, the applicant has participated in the installation of, performance of repairs on site to, closure of, interior lining of, installation of corrosion protection to, or removal of a minimum of six (6) underground storage tanks, except that:
(a) Technical training of the type provided and documented by the manufacturer of the underground storage tanks and approved by the State Fire Marshal shall reduce the experience requirements of this subsection by one-third (1/3); or
(b) A BS degree in engineering with a concentration in the area of underground containment systems or a Kentucky license to practice engineering shall reduce the experience requirements of subsection (1) by two-thirds (2/3).
(2)
(a) An applicant requesting installer or remover certification shall:
-
Have installed at least three (3) UPST systems; and
-
Meet the experience requirements established in subsections (3), (4), and (5) of this section.
(b) A certified installer or remover shall be qualified to perform work on a UPST system.
(3) An applicant requesting contractor certification pursuant to this administrative regulation for the limited function of removal and closure shall demonstrate experience in removal and closure of six (6) underground storage tanks.
(4) An applicant requesting contractor certification pursuant to this administrative regulation for the limited function of tank lining shall demonstrate experience in lining of at least six (6) underground storage tanks or provide proof of certification from the tank interior lining manufacturer or supplier of lining material.
(5) An applicant requesting certification pursuant to this administrative regulation for the limited function of installing corrosion protection shall demonstrate experience in the installation of at least six (6) corrosion protection systems.
Section 7. Probationary Certification. If the applicant does not comply with the level of experience required by Section 6 of this administrative regulation, the applicant shall receive a probationary certificate under the following conditions:
(1) An applicant shall obtain a minimum score of eighty-five (85) percent on the written examination;
(2) An applicant shall complete at least three (3) applicable UPST activities for which the applicant seeks certification within one (1) year of the issuance of the certificate;
(3) All UPST activities shall comply with applicable codes and statutes;
(4) An applicant shall not install, interior line, install corrosion protection, remove, close, backfill around, or cover a tank installation during the probationary period without prior approval of the State Fire Marshal's office; and
(5) An applicant shall pay a $100 add-on inspection fee for each site where a tank is removed, closed, installed, upgraded, or repaired by the applicant.
Section 8. Examination Requirements. Each applicant for certified contractor shall take and pass a written examination administered by the State Fire Marshal in compliance with this section.
(1) The applicant shall submit payment of a fifty (50) dollar nonrefundable fee at least ten (10) days prior to the date of the examination.
(2) The examination for certification as an installer or remover shall be a written multiple choice examination covering all aspects of the installation, repair, interior lining, installation of corrosion protection, closure, and removal of underground petroleum storage tank systems. The examination shall test the applicant's knowledge of codes, standards, KRS Subchapter 224.60, 806 KAR Chapter 30, and 806 KAR 10:060, and of current technological and industry recommended practices with respect to the proper installation, repair, interior lining, installation of corrosion protection, closure, and removal of UPST systems.
(3) An applicant who requests to be a certified contractor for the limited purpose of removing and permanently closing a UPST system shall be tested on knowledge of closure and removal.
(4) An applicant who requests to be a certified contractor for the limited function of interior lining of UPST systems shall be tested on knowledge of cleaning and lining the interior of an underground petroleum storage tank.
(5) An applicant who requests to be a certified contractor for the limited purpose of installing corrosion protection shall be tested on the installation, monitoring, and general knowledge of a cathodic protection system.
(6) An applicant may request permission to take the examination orally, upon good cause shown.
(7) An applicant shall obtain a minimum score of seventy-five (75) percent on the written examination to satisfactorily pass.
(8) An applicant who fails the examination may request reexamination upon payment of a nonrefundable twenty-five (25) dollar fee. An application shall remain pending for that purpose for a period of one (1) year after the date the application was submitted. If the applicant has not requested reexamination within the one (1) year period, the applicant shall file a new application for certification with the State Fire Marshal.
(9) An examination shall be given at least monthly in the State Fire Marshal's Office located at 500 Mero Street, Frankfort, Kentucky 40601.
(10) An examination shall be graded and the applicant notified on the day of the examination. An examination paper:
(a) Shall not be returned to the applicant; and
(b) May be reviewed by the applicant on the day of the examination.
(11) With the application, the State Fire Marshal shall provide the applicant with a set of instructions and sample examination questions. Instruction sheets shall refer the applicant to KRS Subchapter 224.60, 806 KAR Chapter 30, 806 KAR 10:060, and industry publications.
Section 9. Certification and Renewal Procedures.
(1) The State Fire Marshal shall issue a certificate to each individual as required by Sections 5 through 7 of this administrative regulation. Each certificate shall be renewed annually for a fee of $100 on Form SFM/UPST #02, May, 2020.
(2) The application or renewal for a certified contractor shall be denied by the State Fire Marshal if the applicant:
(a) Fails to provide the:
-
Information required by the application form SFM/UPST #01;
-
Insurance or financial responsibility certificates; or
-
The fee required for application and examination;
(b) Fails to comply with the experience and education requirements of this administrative regulation;
(c) Fails to successfully pass the examination required by this administrative regulation; or
(d) Makes a misrepresentation or submits a false statement with the application.
(3) A certified contractor who fails to renew certification within a one (1) year period from the most recent expiration date of the certification shall:
(a) Be treated as a new applicant;
(b) Retake the examination; and
(c) Comply with the new applicant requirements.
Section 10. Revocation or Suspension of Certification. A certificate issued pursuant to this administrative regulation shall be suspended or revoked by the State Fire Marshal if:
(1) The certified contractor negligently, incompetently, recklessly, or intentionally violated a provision of this administrative regulation or a required code relating to installation, repair, lining, closure, or removal;
(2) The certified contractor recklessly or intentionally caused or allowed a person under the contractor's supervision to install, perform a repair on site to, interior line, install corrosion protection, close, or remove a UPST system in violation of 815 KAR 10:060;
(3) The certified contractor obtained the certification through fraud or misrepresentation;
(4) The individual who took the examination, provided the experience requirements, and requested the certificate be issued with a company's name and proof of insurance is no longer employed by the company in whose name the certificate was issued; or
(5) The certified contractor failed to renew the certification in accordance with Section 9 of this administrative regulation.
Section 11. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) Form SFM/UPST #01, "Application for Certification as an Underground Tank Contractor", May 2020; and
(b) SFM/UPST #02, "Installer/Remover Certification Renewal Form", May 2020.
(2) This material may be inspected, copied or obtained, subject to applicable copyright law at the State Fire Marshal's Office, Division of Hazardous Materials, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
History
- RELATES TO: KRS 224.60-105, 224.60-135, 227.300
- STATUTORY AUTHORITY: KRS 189B.030, 189B.060, 224.60-135(5)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.60-135(5) requires the State Fire Marshal to promulgate administrative regulations requiring a person or organization who installs, repairs, closes, or removes an underground storage tank for a petroleum storage tank owner or operator to demonstrate financial capability, including maintenance of pollution liability insurance and technical competency and proficiency. This administrative regulation establishes the minimum requirements for determining technical competency and proficiency of a company responsible for the installation, repair, interior lining, installation of corrosion protection, or removal or closure of a system by a qualifying individual and for determining financial capability through proof of insurance.
- History: 17 Ky.R. 1890; Am. 2205; 2442; 2-7-191; 18 Ky.R. 493; 1038; 1342; eff. 10-8-1991; 19 Ky.R. 1913; 2423; eff. 5-10-1993; 22 Ky.R. 2342; eff. 8-1-1996; 23 Ky.R. 1780; 2518; eff. 12-11-1996; 24 Ky.R. 1397; 1679; eff. 2-17-1998; 27 Ky.R. 3377; eff. 8-15-2001; TAm eff. 5-29-2020; 48 Ky.R.635, 1769; eff. 3-1-2022.
Chapter 35 Electrical
815 KAR 35:015 Certification of electrical inspectors {#sec-815-kar-35-015 omnilex-key=us-ky-regs-official--title-815--815 KAR 35:015}
Section 1. Applicability. This administrative regulation shall apply to electrical inspectors in Kentucky and applicants for certification as an electrical inspector in Kentucky.
Section 2. Classifications of Electrical Inspectors.
(1) An electrical inspector shall be classified as either:
(a) An electrical inspector one (1) and two (2) family shall be a person who has:
-
Passed an examination focused on electrical installations in one (1) or two (2) family dwellings with a score of seventy (70) percent or greater by a test provider approved by the department; and
-
At least four (4) years experience immediately preceding the application in the installation and design of residential wiring systems installed in accordance with the National Electrical Code, NFPA 70 incorporated by reference in 815 KAR 7:120 and 815 KAR 7:125; or
(b) An electrical inspector general shall be a person who has:
-
Passed an examination focused on electrical installations in residential, commercial, and industrial buildings with a score of seventy (70) percent or greater by a test provider approved by the department; and
-
At least eight (8) years of experience immediately preceding the application in the installation and design of residential, commercial, and industrial wiring systems installed in accordance with the National Electrical Code, NFPA 70, incorporated by reference in 815 KAR 7:120 and 815 KAR 7:125.
(2) The requirements in subsections (1)(a) and (b) of this section shall be satisfied if the person is:
(a) A registered professional electrical engineer engaged in that profession for at least three (3) years immediately preceding the application; or
(b) Currently licensed as a master electrician, having obtained his or her license after successful passage of an exam in accord with 815 KAR 35:060, Section 4, and actively engaged in the electrical trade in that capacity immediately preceding the application.
(3)
(a) An electrical inspector one (1) and two (2) family shall be certified to inspect and approve an electrical installation related to a:
-
One (1) or two (2) family dwelling; or
-
Manufactured home or mobile home.
(b) An electrical inspector general shall be certified to inspect and approve an electrical installation related to any type of residential, commercial, industrial, or any other property that requires electrical inspection.
(4) A passing score as established in subsection (1)(a)1. and (1)(b)1. of this section shall be valid for a period of three (3) years.
Section 3. Application Requirements for Certification.
(1) An applicant for certification as an electrical inspector shall submit to the department:
(a) A completed Application for Electrical Inspector Certification on Form EL-11;
(b) Proof of successful completion of the examination applicable to the certification sought pursuant to Section 2(1)(a) and (b) of this administrative regulation;
(c) Except for electrical inspectors employed by the department, a fee of $100 dollars payable to the Kentucky State Treasurer.
(d) Proof of the applicant's experience as required by Section 2(1)(a)2. and 2(1)(b)2. of this administrative regulation.
(e) A passport-sized, color photograph of the applicant taken within the past six (6) months; and
(f) Proof of a bond in the amount of $5,000 in compliance with KRS 227.487(4), unless employed by the department or a local government rules otherwise.
(2) An applicant shall possess:
(a) The ability to read and write the English language; and
(b) A general educational level at least adequate to perform his or her duties.
(3) Proof of listed experience shall be provided by:
(a) A federal or state tax form; or
(b) An affidavit by another license holder who worked with the applicant.
(4) An applicant shall receive credit for an electrical course satisfactorily completed from an accredited vocational school or college on a year-for-year basis. Credit for education to replace an applicant's experience requirements shall be limited to a total of two (2) years.
(5) The department shall issue a certification for an electrical inspector only to an individual. A corporation, partnership, company, or other entity shall not be issued a certification.
Section 4. Certificate Renewal.
(1) Certification period.
(a) Each electrical inspector's certification shall expire on the last day of the electrical inspector's birth month each year.
(b) The department shall send each electrical inspector a renewal application form prior to the date of expiration.
(2) Filing for renewal. Each electrical inspector seeking certification renewal shall submit to the department:
(a) A completed Application for Electrical Inspector Certification on Form EL-11;
(b) A renewal fee off fifty (50) dollars;
(c) Proof of compliance with the continuing education requirements established in 815 KAR 2:010;
(d) If the electrical inspector is employed by a local government, documented proof of continued employment signed by the hiring authority responsible for administering the local jurisdiction's inspection and code enforcement program;
(e) For each local jurisdiction with which the applicant is contracted to act as an electrical inspector, a copy of the current contract naming the applicant and establishing the terms and conditions of his or her authority; and
(f) For each local jurisdiction with which the applicant is contracted to act as an electrical inspector, a copy of the ordinance fixing the schedule of fees authorized to be charged for electrical inspections within that jurisdiction.
(3) Current information. An applicant who has previously submitted a document required by subsection (2)(e) and (f) of this section for a prior renewal shall not be required to resubmit that document if it remains current and effective at the time of the current renewal.
(4) Change of information. Within ten (10) days of the occurrence, an electrical inspector shall provide the department:
(a) Notice of any establishment, change, or termination of the electrical inspector's contract or employment with a local jurisdiction;
(b) A copy of any new or revised contract entered into with a local jurisdiction; and
(c) For any local jurisdiction with which the electrical inspector is employed or contracted, a copy of any ordinance amending the schedule of fees authorized to be charged for electrical inspections within that jurisdiction.
(5) Late renewal.
(a) An electrical inspector who fails to submit the renewal application and renewal fee on or before the last day of his or her birth month shall be a late renewal fee of fifty (50) dollars in addition to the renewal fee.
(b) If both fees are not paid or all required continuing education is not completed within sixty (60) days after the last day of the electrical inspector's birth month, the certification shall be terminated.
(6) Reinstatement.
(a) A certificate that has been terminated may be reinstated at the discretion of the commissioner upon a petition in writing, demonstrating just cause why the petitioner failed to comply with the renewal requirements established by this section.
(b) An application for reinstatement shall:
-
Pay a reinstatement fee of $100 in addition to the late renewal fee required by subsection (5) of this section;
-
Comply with the requirements established by subsection (2) of this section;
a. Submit proof of required continuing education pursuant to 815 KAR 2:010 for the number of hours required in one (1) year; or
b. Submit proof of having passed the examination applicable to the certification to be reinstated, as established by Section 2(1)(a) and (b) of this administrative regulation, within the current year.
(7) The requirements of this section shall not apply to a state-employed electrical inspector.
Section 5. Duties and Responsibilities.
(1) In addition to the National Electrical Code, the electrical inspector shall be familiar with all applicable building codes and fire safety codes governing buildings in the area in which the electrical inspector performs an inspection.
(2) Record retention.
(a) Each electrical inspector shall make a complete record of each inspection. The record shall contain, as a minimum:
-
Sufficient information to identify the location of the structure inspected;
-
The date of the inspection;
-
The type of structure, whether residential, commercial, industrial, or other;
-
The designation of a required permit and the agency granting the permit;
-
The size and complexity of the structure; and
-
Any deficiencies in meeting code requirements and the actions required to comply.
(b) If the electrical inspector is employed by a local government, the electrical inspector or the local government shall maintain the records in compliance with 725 KAR 1:061.
(c) If the electrical inspector contracts with a local government, the local government shall maintain the records in compliance with 725 KAR 1:061.
(d) If the electrical inspector is an employee of the department, the electrical inspector shall submit the reports to the department in compliance with KRS 227.487(1).
Section 6. Complaints and Grievance Procedures.
(1) A person may file a complaint against an electrical inspector if the person believes that an act or omission of the electrical inspector in the performance of his or her duties is in violation of the administrative regulation or other law or has caused an undue hardship to the person.
(2) A complaint or allegation of misconduct shall be submitted in writing to the department and shall:
(a) Include the nature of the alleged misconduct, with specific details as to acts, names, dates, and witnesses; and
(b) Specify the action requested of the department.
(3) Following an investigation, the department shall:
(a) Set the matter for public hearing; or
(b) Take other appropriate action in accordance with KRS 227.495 to resolve or correct the matter.
Section 7. Suspension and Revocation of Certification. The commissioner shall revoke, suspend, or refuse to renew the certificate of an electrical inspector who is determined, by the commissioner after having afforded the opportunity for a KRS Chapter 13B administrative hearing, to have:
(1) Engaged in an activity that constitutes a conflict of interest, including:
(a) Work as an electrical contractor, master electrician, or electrician;
(b) Involvement in an activity in the electrical industry; or
(c) Having a pecuniary or associational interest in a business or other venture involved in an activity in the electrical industry.
(2) Engaged in fraud, deceit, or misrepresentation in obtaining certification;
(3) Demonstrated negligence, incompetence, or misconduct in the field of electrical inspection;
(4) Affixed or caused to be affixed a seal of approval or issued a certificate of approval for an electrical installation subject to inspection if he or she has not personally inspected the installation and found it to be satisfactory in accordance with the National Electrical Code, NFPA 70 incorporated by reference in 815 KAR 7:120 and 815 KAR 7:125;
(5) Operated as an electrical inspector in a locality in conflict with state or local laws, ordinances, or regulations;
(6) Knowingly overruled the proper findings of another electrical inspector or attempted to supplant, overrule, or otherwise invalidate the judgment of another electrical inspector without first obtaining express written consent from the designated electrical inspector's office supervising the original electrical inspector;
(7) Failed to maintain accurate and adequate recordkeeping as required by Section 6 of this administrative regulation;
(8) Violated KRS 211.350(8); or
(9) Violated any provision of KRS 227.491 or this administrative regulation.
Section 8. Incorporation by Reference.
(1) Form EL-11, "Application for Electrical Inspector Certification", May 2020 is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at dhbc.ky.gov.
History
- RELATES TO: KRS 198B.060, 198B.090, 211.350, 227.450, 227.480, 227.489, 227.491, 227.492, 227.495
- STATUTORY AUTHORITY: KRS 227.489
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.489 requires the commissioner of the Department of Housing, Buildings and Construction to require electrical inspectors to be certified based on standards of the National Electrical Code. This administrative regulation establishes the procedures for achieving and maintaining certification as an electrical inspector.
- History: 13 Ky.R. 2174; eff. 7-2-1987; 17 Ky.R. 2898; 3108; eff. 5-3-1991; 21 Ky.R. 125; eff. 9-12-1994; 22 Ky.R. 117; 594; eff. 9-7-1995; 2346; eff. 8-1-1996; 24 Ky.R. 767; 1097; eff. 11-5-1997; 25 Ky.R. 1193; eff. 2-18-1999; 26 Ky.R. 1049; eff. 1-11-2000; 27 Ky.R. 242; eff. 9-11-2000; 3380; eff. 8-15-2001; 31 Ky.R. 1750; 32 Ky.R. 83; eff. 8-5-2005; 41 Ky.R. 2645; 42 Ky.R. 298; eff. 9-4-2015; 45 Ky.R. 837, 1567; eff. 1-4-2019; 47 Ky.R. 1100, 1588; eff. 5-4-2021.
815 KAR 35:020 Electrical inspections {#sec-815-kar-35-020 omnilex-key=us-ky-regs-official--title-815--815 KAR 35:020}
Section 1. Jurisdiction.
(1) State jurisdiction.
(a) The department shall conduct electrical inspections for state-owned property, including each building constructed by the state under the authority of the Finance and Administration Cabinet.
(b) An electrical inspector employed by the department shall inspect any electrical work subject to inspection within a local jurisdiction if a certified electrical inspector has not been made available by the local government.
(c) An electrical inspector employed by the department may assert jurisdiction for the electrical inspection of a project subject to state plan review pursuant to Kentucky Building Code, 815 KAR 7:120.
(d) An electrical inspector employed by the department may inspect a state leased facility that is not otherwise subject to state inspection pursuant to this section, upon request.
(2) Local jurisdiction. A local electrical inspector shall conduct electrical inspections pursuant to KRS 198B.060.
Section 2. Permits.
(1) Prior to the commencement of electrical work subject to state inspection, the electrical contractor, property owner, or other person responsible for the electrical work to be performed shall request and obtain a permit from the department.
(2) The person requesting a permit shall submit to the department "Electrical Permit Application" on Form EL-13.
(3) It shall be the obligation of the contractor, property owner, or other person responsible for the electrical work to supply the complete value of the electrical work, including labor and material costs, regardless of the purchaser.
(4) The department shall request other documented proof of costs from the responsible person or owner if the true value is in question.
Section 3. Electrical Inspections.
(1) Except as provided in subsection (2) of this section, the department or a local certified electrical inspector having jurisdiction shall inspect each electrical construction, installation, alteration, or repair to ensure compliance with NFPA 70, the National Electrical Code, incorporated by reference in 815 KAR 7:120, Kentucky Building Code, 815 KAR 7:125, Kentucky Residential Code, and 815 KAR 10:060, Kentucky Standards of Safety.
(2) Exemptions from Electrical Inspections. Electrical inspections shall not be required for:
(a) Electrical work beyond the scope of NFPA 70;
(b) Electrical work that is exempt from permitting requirements pursuant to:
-
Section 105.2 of the Kentucky Building Code, 815 KAR 7:120;
-
Section 2703.2 of the Kentucky Building Code, 815 KAR 7:120; or
-
Section R105.2 of the Kentucky Residential Code, 815 KAR 7:125;
(c) Electrical wiring under the exclusive control of electric utilities, in accordance with KRS 227.460;
(d) Electrical wiring of a surface coal mine, an underground coal mine, or at a coal preparation plant;
(e) Appliances; and
(f) Electrical work performed beyond the service disconnect by or on behalf of the Kentucky Transportation Cabinet by pre-qualified contractors within the public right of way, which is not related to buildings for human occupancy.
(3) The department or a local electrical inspector having jurisdiction shall perform an electrical inspection upon discovery or receipt of information indicating that electrical work requiring a permit pursuant to KRS 227.480, 815 KAR 7:120, Kentucky Building Code, or 815 KAR 7:125, Kentucky Residential Code has been performed without a permit.
(4) Inspection scheduling.
(a) The permit holder or property owner shall be responsible for scheduling an inspection with the electrical inspection authority for the jurisdiction.
(b) Each electrical inspection shall be completed within five (5) working days of the request for inspection, except for an inspection performed pursuant to subsection (3) of this section.
(c) An inspection performed pursuant to subsection (3) of this section shall be conducted and completed within five (5) working days of discovery or receipt of information indicating that the electrical work has been performed.
(5) Rough-in inspections.
(a) Rough-in inspections shall be required only if any portion of the electrical work will be covered or concealed. The rough-in inspection shall be conducted prior to covering or concealment.
(b) A rough-in inspection may be requested for part of the electrical work on a project or all the electrical work on a project.
(c) Upon completion of the rough-in inspection, an electrical inspector shall attach a red sticker with his or her signature and certification number on the main service equipment or at some other appropriate location.
(6) Prohibition on covering.
(a) If an installation is covered without prior inspection, the electrical inspector shall require the system to be uncovered for inspection, unless unnecessary to perform the inspection.
(b) If conditions require partial coverage of the permitted electrical work, permission shall be requested and received from the electrical inspector prior to coverage.
(c) If in the judgment of the electrical inspector uncovering the electrical work is likely to result in more damage, then exposing the electrical work shall only occur at the request of the property owner.
(7) Final inspections. A final inspection shall be conducted by the department or electrical inspector having jurisdiction after completion of the permitted electrical work and prior to use.
(8) Voluntary inspections. An inspection for any electrical construction, installation, alteration, repair, or maintenance normally exempt from inspections pursuant to subsection (2) of this section may be requested to be performed by the department or electrical inspector having jurisdiction.
(9) Construction service approval. A temporary construction service approval for a construction site shall receive a green sticker and a certificate of approval.
(10) Service only approval. A "service only" approval may be issued by the inspector to provide temporary power for heating and lighting for the building during completion of construction and shall not authorize occupancy of the facility. The sticker issued for "service only" approval shall be yellow.
Section 4. Access. All access, equipment, and material necessary for inspections shall be provided by the property owner or person obtaining the electrical permit or requesting the electrical inspection.
Section 5. Fees for State Inspections.
(1) The electrical contractor, property owner, or other person responsible for the electrical work shall pay the department the inspection fee required by this section.
(2) A certificate of inspection or other final approval of an electrical construction, installation, alteration, or repair shall not be issued by the department until the fee required by this subsection has been paid.
(3) The fee to inspect electrical work having a complete value of less than $8,000 shall be $125.
(4) The fee to inspect electrical work having a complete value more than $8,000 but less than $16,500 shall be $250.
(5) The fee to inspect electrical work having a complete value more than $16,500 but less than $25,000 shall be $500.
(6) The fee to inspect electrical work having a complete value of $25,000 or more shall be calculated as a percentage of the complete value in accordance with the schedule established in this subsection.
Section 6. Certificate of Approval.
(1) Upon final approval of an electrical installation, the electrical inspector shall:
(a) Attach a green sticker to the main service equipment:
-
With his or her signature and certification number, name of the project, and location; and
-
Stating that the system has been inspected for compliance with the code; and
(b) Provide the owner or the owner's agent with a certificate of approval.
(2) For an installation subject to KRS 211.350, the electrical inspector shall not issue a certificate of approval or otherwise release the property for the supply of electricity until he or she has received the local health department's "Final Notice of Release" and has recorded its number upon the certificate of approval.
Section 7. Stickers. A red sticker for rough-in inspections pursuant to Section 3(5)(b), yellow sticker for service only pursuant to Section 3(9)(b), or green sticker or a certificate of approval pursuant to Section 6(1)(a) of this administrative regulation shall be of a type and format issued or approved by the department.
Section 8. Incorporation by Reference.
(1) "Electrical Permit Application", Form EL-13, May 2020 is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Electrical Section, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.815 KAR 35:020:
History
- RELATES TO: KRS 198B.050, 211.350, 227.460, 227.480, 227.487, 227.491
- STATUTORY AUTHORITY: KRS 198B.060(18), 227.480(1)(b)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.480(1)(b) requires the Department of Housing, Buildings and Construction to promulgate administrative regulations to describe the circumstances for which inspections are required for electrical construction, installations, alterations, or repairs. KRS 198B.060(18) authorizes the department to establish a schedule of fees for the functions it performs pursuant to KRS Chapter 198B. This administrative regulation establishes the requirements for inspections of electrical construction, installations, alterations, and repairs.
- History: 39 Ky.R. 363; 769; eff. 11-2-2012; 42 Ky.R. 540; 1195; eff. 11-6-2015; 45 Ky.R. 841; eff. 1-4-2019; TAm eff. 5-29-2020; 48 Ky.R. 1664; eff. 5-3-2022.
815 KAR 35:060 Licensing of electrical contractors, master electricians, and electricians {#sec-815-kar-35-060 omnilex-key=us-ky-regs-official--title-815--815 KAR 35:060}
Section 1. Initial Application Requirements.
(1) Filing the application.
(a) Electrical contractor. An applicant seeking an electrical contractor's license shall submit to the department:
-
A completed Electrical Contractor's License Application, Form EL-2;
-
An application fee of $400 for a biennial license;
-
The name and license number of the master electrician affiliated with the applicant; and
-
Proof of insurance as required by KRS 227A.060(1)(c).
(b) Master Electrician. An applicant seeking a master electrician license shall submit to the department:
-
A completed Electrical License Application, Form EL-3;
-
An application fee of $200 for a biennial license; and
-
Proof of the applicant's experience as required by KRS 227A.060(2)(b) and this administrative regulation.
(c) Electrician. An applicant seeking an electrician license shall submit to the department:
-
A completed Electrical License Application, Form EL-3;
-
An application fee of $100 for a biennial license; and
-
Proof of the applicant's experience as required by KRS 227A.060(3)(b) and this administrative regulation.
(d) The application fees may be prorated for not less than thirteen (13) months and shall expire on the final day of the applicant's birth month.
(2) Photograph requirement. All electrical license applicants shall submit a passport-sized color photograph of the applicant taken within the past six (6) months.
(3) Voiding of application.
(a) The initial application shall remain pending until all requirements are met, up to a period of one (1) year after the date the application is submitted.
(b) At the end of the one (1) year, the application shall be void.
Section 2. Reciprocity. An applicant for reciprocity shall:
(1) Comply with:
(a) The requirements established in the reciprocity agreement between Kentucky and the state in which the applicant is licensed; and
(b) The general application requirements in Section 1 of this administrative regulation;
(2) Provide:
(a) A copy of the applicant's license from the participating jurisdiction; and
(b) A letter of good standing from the licensing authority of the jurisdiction in which the applicant is currently licensed; and
(3) If applying for an electrical contractor's license, provide proof of insurance as required by KRS 227A.060(1)(c).
Section 3. Verification of Experience.
(1) Records of experience. Proof of experience shall be provided by:
(a) Tax returns or other official tax documents that indicate the applicant's occupation or the nature of the applicant's business activities, including Federal Schedule C, Form 1040, Form 1099, or local occupational tax returns;
(b) A copy of a business license issued by a county or municipal government that did not issue electrical contractor's, master electrician's, or electrician's licenses prior to June 24, 2003, if the business license indicates the applicant operated as an electrical contractor or worker;
(c) A sworn affidavit, on the affiant's letterhead, certifying that the affiant has personal knowledge that the applicant has engaged in electrical work under the scope of the National Electrical Code, NFPA 70 from at least one (1) of the following:
-
An electrical workers union;
-
A licensed electrical contractor and licensed master electrician the applicant was or currently is employed by;
-
An industrial manufacturing facility or natural gas pipeline facility the applicant was or currently is employed by; or
-
An electrical training program that has been approved by the department pursuant to 815 KAR 35:090 and is an apprenticeship program registered in accordance with 787 KAR 3:010; or
(d) A completed Military Experience for Electrical Licensure, Form ELM-1, and documentation in accordance with KRS 227A.060(4) for military experience applicable towards electrical licensure.
(2) An applicant for a master electrician license or electrician license attending an accepted electrical training program in accordance with 815 KAR 35:090 shall provide with his or her application:
(a) An affidavit from the director or authorized agent of the electrical training program confirming the applicant's participation in the electrical training program; and
(b) Documentation that the applicant has completed the required number of hours in accordance with 815 KAR 35:090.
(3) Additional proof of experience shall be requested by the department, prior to or after licensing, if the department has reason to believe that the experience shown is insufficient or nonexistent.
(4) Except for military experience, experience applicable towards electrical licensure shall consist of electric work under the scope of the National Electrical Code, NFPA 70.
Section 4. Examinations.
(1) An applicant for an electrical contractor's license, master electrician's license, or electrician's license shall pass, with a minimum score of seventy (70) percent, an examination administered by an approved examination provider.
(2) A passing score shall be valid for a period of three (3) years.
(3) Reasonable accommodations shall be made to provide accessibility to disabled applicants, upon request.
(4) For an electrical contractor's license, an applicant that is a business entity shall designate a person to take the examination on behalf of the applicant. The designee shall be:
(a) An owner of the applicant's business;
(b) An officer of the applicant's business;
(c) A director of the applicant's business; or
(d) A full-time employee of the applicant's business.
(5) Upon application by a testing agency, a national code group, or by an applicant for licensure, the department may recognize another examination as equivalent to an examination administered by an approved examination provider. The person or group submitting the examination shall demonstrate that the examination covers the same material and requires the same level of knowledge as the approved examinations.
Section 5. Appeal Procedure.
(1) An applicant denied a license may appeal the decision to the commissioner of the department. The applicant shall submit written notice of the appeal to the department within ten (10) business days of receiving notice that the license application has been denied.
(2) The appeal shall be conducted pursuant to KRS Chapter 13B by a hearing officer appointed by the commissioner of the department.
Section 6. Proof of Insurance.
(1) An electrical contractor's insurance policy shall name the department as the certificate holder.
(2) The applicant shall provide proof of workers' compensation insurance by providing:
(a) An insurance certificate from an insurance provider approved by the Kentucky Department of Insurance; or
(b) A notarized statement that the applicant is not required to obtain workers' compensation coverage and the reason why the coverage is not required.
(3) Each electrical contractor shall require the contractor's liability and workers' compensation insurers to provide notice to the department if a policy:
(a) Is cancelled, terminated, or not renewed; or
(b) Limit is lowered.
(4) An electrical contractor shall advise the department of:
(a) A change in the contractor's insurance coverage, including cancellation or termination of any policy;
(b) A change in the insurer providing the coverage; or
(c) Changed circumstances that require the contractor to obtain coverage.
Section 7. Inactive License Status.
(1) A licensee may request that a license be placed in inactive status.
(2) An electrical contractor whose license is in inactive status shall not be required to maintain liability insurance or provide proof to the department of compliance with workers' compensation laws.
(3) A certified electrical inspector may be licensed as an electrical contractor, master electrician, or electrician, but shall maintain that license as inactive while having an active electrical inspector certification.
(4) A licensee shall not perform electrical work while the license is inactive. Performing electrical work that requires a license while holding an inactive license shall be grounds for revocation or suspension of all electrical licenses and certifications held by the licensee.
Section 8. Renewal Requirements.
(1) A license shall be valid for two (2) years and shall be renewed on or before the last day of the licensee's birth month in the second year. For electrical contractor licenses issued to corporations, partnerships, or business entities without a birth month, the renewal shall occur on or before the last day of the month the license was issued in the second year.
(2) Filing for renewal. An electrical contractor, a master electrician, or an electrician shall submit to the department:
(a) A completed Licensing Renewal Application, Form DHBC L-1;
(b) A renewal fee of:
-
$400 for an electrical contractor;
-
$200 for a master electrician; and
-
$100 for an electrician;
(c) Proof of continuing education in accordance with KRS 227A.100(7) and 815 KAR 2:010; and
(d) Proof of insurance as required by KRS 227A.060(1)(c) and this administrative regulation for an electrical contractor.
(3)
(a) A licensee who is in inactive status shall be exempt from biennial renewal.
(b) An inactive license shall be reactivated upon payment of the biennial renewal fee, the reactivation fee, and upon compliance with the continuing education requirements established in 815 KAR 2:010.
Section 9. Reinstatement and Late Fees.
(1) Application, renewal, reinstatement, and late fees shall not be refundable.
(2) The reinstatement fee for a terminated license pursuant to KRS 227A.100(4) shall be equal to the license renewal fee and shall be paid in addition to the license renewal fee.
(3) The late renewal fee shall be fifty (50) dollars. If all documents required to be submitted for renewal are postmarked on or before the last day of the renewal month, the filing shall be considered timely, and a late fee shall not be assessed.
Section 10. Change of information.
(1) An electrical contractor and a master electrician shall notify the department of any change to the name of the electrical contractor's or master electrician's business and its address, employer, and the employer's address each time a change of information is made.
(2)
(a) Except as stated in subsection (3) of this section, if an electrical contractor designated by an entity as established in Section 4(4) of this administrative regulation leaves the employment or no longer maintains an interest in that entity, the entity shall designate another person who either:
-
Has passed the electrical contractor's examination; or
-
Successfully passes the electrical contractor's examination within thirty (30) days.
(b) Failure to have a designee that has passed the examination shall render the licensee no longer qualified to be licensed.
(3) Death of an electrical contractor or master electrician.
(a) If the electrical contractor or master electrician representing a company dies, the company shall notify the department within ten (10) days of the electrical contractor's or master electrician's death.
(b) The 180-day interim period established in KRS 227.480 and KRS 227A.140 shall begin on the date the electrical contractor or master electrician dies.
(c) The company shall not be required to renew the deceased's electrical contractor or master electrician license if the license renewal date falls within the 180-day interim period.
(d) The company shall not use the deceased electrical contractor's or master electrician's license after the expiration date of the interim period.
(e) The company shall notify the department when the company has a replacement electrical contractor or master electrician to represent the company on or before the expiration date of the interim period.
Section 11. Provisional License.
(1) Application. An applicant seeking a provisional electrician license shall submit to the department:
(a) A completed Provisional Electrician's License Application, Form EL-14;
(b) An application fee of fifty (50) dollars;
(c) A passport-sized color photograph of the applicant taken within the past six (6) months; and
(d) Proof of the applicant's experience as required by KRS 227A.060(5)(a), which shall be satisfied with the documents listed in Section 3(1) of this administrative regulation.
(2) Responsibilities. A provisional electrician license holder shall have the same rights and responsibilities as an electrician licensed pursuant to KRS 227A.060(3) and this administrative regulation.
(3) Termination.
(a) A provisional electrician license shall be valid for one (1) year from the date of issuance. The provisional electrician license shall immediately terminate on the date of the one (1) year anniversary of the issuance of the provisional electrician license.
(b) Upon termination, the provisional electrician license holder shall no longer have the rights and responsibilities of an electrician licensed pursuant to KRS 227A.060(3) and this administrative regulation. The provisional electrician license holder shall revert to the individual's unlicensed status before the issuance of the provisional license.
Section 12. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Electrical Contractor's License Application", Form EL-2, October 2024;
(b) "Electrical License Application", Form EL-3, October 2024;
(c) "Licensing Renewal Application", Form DHBC L-1, October 2024;
(d) "Military Experience for Electrical Licensure", Form ELM-1, October 2024; and
(e) "Provisional Electrician's License Application", Form EL-14, October 2024.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings, and Construction, Electrical Licensing, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS Chapter 13B, 164.772(3), 227.480, 227A.010, 227A.100, 227A.140, 339.230, 29 C.F.R. 570
- STATUTORY AUTHORITY: KRS 227A.040(1), (8), 227A.060, 227A.100(9)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227A.040(1) requires the Department of Housing, Buildings and Construction to administer and enforce KRS 227A.010 to 227A.140 and evaluate the qualifications of applicants for electrical licensure. KRS 227A.040(8) authorizes the Department of Housing, Buildings and Construction to promulgate administrative regulations to establish procedures governing the licensure of electrical contractors, master electricians, and electricians. KRS 227A.060(4)(b) requires the department to promulgate administrative regulations pursuant to KRS Chapter 13A that establish an application form for the use of military experience to apply toward electrical licensure. KRS 227A.100(9) authorizes the department to promulgate administrative regulations governing an inactive license. This administrative regulation establishes the eligibility requirements and application procedures for the licensing of electrical contractors, master electricians, and electricians.
- History: 31 Ky.R. 234; 569; eff. 9-15-2004; 1907; 32 Ky.R. 86; eff. 8-5-2005; 2377; 33 Ky.R. 417; eff. 9-1-2006; 3279; 4184; eff. 7-6-2007; 35 Ky.R. 195; Am. 568; eff. 10-3-2008; 36 Ky.R. 688; 1037; eff. 12-4-2009; 37 Ky.R. 3000; 38 Ky.R. 242; eff. 9-2-2011; 39 Ky.R. 1782; 2026; eff. 5-3-2013; 45 Ky.R. 845, 1570; eff. 1-4-2019; TAm eff. 5-29-2020; 49 Ky.R. 2160, 50 Ky.R. 681; eff. 12-5-2023; 51 Ky.R. 998, 1455; eff. 5-6-2025.
815 KAR 35:080 Electrical code of ethics {#sec-815-kar-35-080 omnilex-key=us-ky-regs-official--title-815--815 KAR 35:080}
Section 1. Code of Ethics. The department may find that an applicant or licensee has violated the Electrical Code of Ethics and take disciplinary action against a licensee upon determination that an applicant or licensee:
(1) Failed to have immediate personal possession of electrical license while performing electrical work;
(2) Performed electrical work for which a permit is required without obtaining an electrical permit;
(3) Knowingly performed electrical work not in compliance with the Kentucky Building Code, 815 KAR 7:120, or the Kentucky Residential Code, 815 KAR 7:125;
(4) Intentionally charged a customer for work not performed or parts not provided;
(5) Obtained electrical permits on behalf of an electrical contractor without the knowledge and permission of the electrical contractor;
(6) Knowingly allowed a hazardous situation to remain so that the public is unduly exposed to risk of injury;
(7) Impersonated another licensee, or knowingly allowed the use of his or her license by an unlicensed person;
(8) Engaged in conduct intended to defraud or deceive the public;
(9) Failed to display the license number on all advertising or documents disseminated, either directly or indirectly, to the general public;
(10) Is a chronic or persistent alcoholic or is drug-addicted so that continued performance of electrical work is dangerous to clients or the public;
(11) Developed a physical or mental disability or other condition so that continued practice is dangerous to clients or to the public;
(12) Had a license, certificate, registration, or other official authorization to perform electrical work denied, limited, suspended, probated, or revoked in another jurisdiction on grounds sufficient to cause an electrical license to be denied, limited, suspended, probated, or revoked in this state;
(13) Attempted to use an expired, suspended, or revoked license;
(14) Failed to exercise due care in the supervision of electrical work of licensed and unlicensed persons under his or her supervision; or
(15) Has not completed work agreed to be performed and paid for by a customer in a timely manner.
History
- RELATES TO: KRS 227A.040(8), 227A.060, 227A.110
- STATUTORY AUTHORITY: KRS 227A.040(8)
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227A.040(8) authorizes the Department of Housing, Buildings and Construction to promulgate administrative regulations to establish a code of ethics for electrical contractors, master electricians, and electricians. This administrative regulation establishes the code of ethics for electrical contractors, master electricians and electricians.
- History: 815 KAR 035:080. 31 Ky.R. 1755; 1978; eff. 7-1-2005; 36 Ky.R. 691; 1227; eff. 1-4-2010; 45 Ky.R. 649; eff. 1-4-2019; Crt to Am; filing deadline 6-3-2027.
815 KAR 35:090 Electrical Training Program standards {#sec-815-kar-35-090 omnilex-key=us-ky-regs-official--title-815--815 KAR 35:090}
Section 1. Required Information. An applicant for certification as an electrical training program shall submit to the department a completed Application for Electrical Training Program, Form EL-6.
Section 2. Department Acceptance. The department shall accept the applicant's electrical training program if the applicant is one of the following:
(1) A program that will provide:
(a) Electrical training sufficient to allow trainees to operate safely and competently in the electrical industry;
(b) An accurate certification of attendance at all courses offered;
(c) Instructors with sufficient technical knowledge of the subject matter; and
(d) Courses with at least 288 hours of classroom training (one (1) hour of classroom training shall be equal to sixty (60) minutes); or
(2) An apprenticeship program registered with the Kentucky Labor Cabinet in accordance with 803 KAR 1:010 that offers apprenticeship in the electrical trade.
Section 3. Change of Information. An electrical training program shall notify the department within thirty (30) days of the following:
(1) A change of any information submitted on Form EL-6;
(2) A change of the instructors teaching the courses; or
(3) Any change in the requirements in Section 2 of this administrative regulation.
Section 4. Disciplinary Action. The department may deny, suspend, or revoke acceptance of an electrical training program that:
(1) Obtains or attempts to obtain acceptance through fraud, false statements, or misrepresentation;
(2) Does not provide complete and accurate information in the initial application or fails to notify the department of a change of information;
(3) Advertises as being accepted by the department prior to acceptance;
(4) Uses fraudulent or deceptive business practices; or
(5) No longer meets the requirements of this administrative regulation.
Section 5. Incorporation by Reference.
(1) "Application for Electrical Training Program", Form EL-6, May 2020 is incorporated by reference.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601 , Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov/Pages/default.aspx.
History
- RELATES TO: KRS 227A.040, 227A.060
- STATUTORY AUTHORITY: KRS 227A.040, 227A.060(2)(b)2, (3)(b)2
- NECESSITY, FUNCTION, AND CONFORMITY: KRS 227A.040(8) authorizes the Department of Housing, Buildings and Construction to promulgate administrative regulations to create a code of ethics and procedures governing the licensure of electrical contractors, master electricians, and electricians. KRS 227A.060(2) and (3) authorize applicants for licensure as a master electrician or electrician to complete training courses in electrical work acceptable to the department to fulfill the requirements for licensure. This administrative regulation establishes the standards for an acceptable electrical training program.
- History: 815 KAR 035:090. 31 Ky.R. 1756; 1979; eff. 7-1-2005; 36 Ky.R. 692; 1039; eff. 12-4-2009; 45 Ky.R. 850; eff. 1-4-2019; TAm eff. 5-29-2020; Crt eff. 12-3-2025.
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