Kentucky Statutes 198B.6675 – Powers of department and of authorized local governments to inspect systems — Powers to restrain and enjoin violations of KRS 198B.650 to 198B.689 — Representation of department by state and local prosecutors
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(1) For the purpose of enforcing the provisions of KRS § 198B.650 to KRS § 198B.689, officers, agents, and inspectors of the department or an authorized local government shall have the power and authority to enter upon permitted premises at all reasonable times with the consent of the property owner in order to make inspections, interview all persons, and request proof of heating, ventilation, and air conditioning licenses, installation permits, and other evidence of compliance. Officers, agents, and inspectors of the department or an authorized local government shall have the authority to issue a stop-work order to any owner, agent, or occupant of real property whenever the heating, ventilation, and air conditioning system under inspection is found to be in violation of KRS § 198B.650 to KRS § 198B.689 or the Uniform State Building Code’s heating, ventilation, and air conditioning mechanical sections.
(2) Notwithstanding the existence or pursuit of any other civil or criminal penalties, the department and its officers, agents, and inspectors are authorized to institute and maintain actions to restrain and enjoin any violation of KRS § 198B.650 to KRS § 198B.689, the Uniform State Building Code, the Uniform State Residential Code, or the rules or the administrative regulations of the department relating thereto.
(3) City and county attorneys, Commonwealth’s attorneys, and the Attorney General may, within their respective jurisdictions, represent the department and its officers, agents, and inspectors in the enforcement of provisions of KRS § 198B.650 to
198B.689, the Uniform State Residential Code, and the Uniform State Building
Code.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 292, effective July 15, 2010. — Created
2007 Ky. Acts ch. 86, sec. 5, effective January 1, 2009.
Legislative Research Commission Note (4/18/2008). This statute was created by 2007
Ky. Acts ch. 86, sec. 5, to be effective January 1, 2009, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be January 1, 2011.
(2) Notwithstanding the existence or pursuit of any other civil or criminal penalties, the department and its officers, agents, and inspectors are authorized to institute and maintain actions to restrain and enjoin any violation of KRS § 198B.650 to KRS § 198B.689, the Uniform State Building Code, the Uniform State Residential Code, or the rules or the administrative regulations of the department relating thereto.
Terms Used In Kentucky Statutes 198B.6675
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Building: means any combination of materials, whether portable or fixed,
which comprises a structure or nonmine underground area affording facilities or shelter for any human occupancy, whether infrequent or regular, and also means single-family dwellings, including those sold or constructed under a trade or brand name. See Kentucky Statutes 198B.010 - City: includes town. See Kentucky Statutes 446.010
- Department: means the Department of Housing, Buildings and Construction. See Kentucky Statutes 198B.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(3) City and county attorneys, Commonwealth’s attorneys, and the Attorney General may, within their respective jurisdictions, represent the department and its officers, agents, and inspectors in the enforcement of provisions of KRS § 198B.650 to
198B.689, the Uniform State Residential Code, and the Uniform State Building
Code.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 292, effective July 15, 2010. — Created
2007 Ky. Acts ch. 86, sec. 5, effective January 1, 2009.
Legislative Research Commission Note (4/18/2008). This statute was created by 2007
Ky. Acts ch. 86, sec. 5, to be effective January 1, 2009, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be January 1, 2011.