Kentucky Statutes 198B.030 – Department of Housing, Buildings and Construction — Comments from advisory committee to be received before promulgating administrative regulations
Current as of: 2024 | Check for updates
|
Other versions
(1) There is hereby created the Kentucky Department of Housing, Buildings and Construction within the Public Protection Cabinet. The Governor shall appoint a commissioner to head the department. The commissioner shall receive for his or her services such compensation as the Governor shall determine.
(2) The commissioner may employ sufficient staff to carry out the functions of the commissioner’s office. Neither the commissioner nor any member of his or her staff shall be employed, either directly or indirectly, in any aspect of the building industry as regulated by this chapter while employed by the Department of Housing, Buildings and Construction.
(3) The department shall perform all budgeting, procurement, and other administrative activities necessary for the statewide regulation and enforcement of building, construction, and inspection standards and codes. The department or commissioner shall submit any proposed administrative regulation to the committee and shall not promulgate the administrative regulation without giving the committee the opportunity to produce written comments, as required by subsection (8) of this section. If the committee chooses to produce written comments, the comments shall be attached to any public submission of the administrative regulation, including any filing under KRS Chapter 13A.
(4) The department may enter into contracts or agreements with the federal government, its subdivisions and instrumentalities, other agencies of state government or with its subdivisions and instrumentalities, or with private profit or nonprofit organizations in order to effect the purposes of this chapter.
(5) The commissioner shall cooperate with the agencies of the United States and with the governing bodies and housing authorities of counties, cities, and with not for profit organizations and area development districts in relation to matters set forth in this chapter, and in any reasonable manner that may be necessary for the state to qualify for, and to receive grants or aid from these agencies. The commissioner shall have the power to comply with each condition and execute any agreement that may be necessary, convenient, or desirable.
(6) Nothing in this chapter shall preclude any other agency, board, or officer of the state from being designated as the directing or allocating agency, board, or officer for the distribution of federal grants and aid, or the performance of other duties to the extent necessary to qualify for and to receive grants and aid for programs under the administration of the department.
(7) The commissioner is authorized to receive, for and on behalf of the state and the department from the United States and agencies thereof, and from any and all other sources, grants and aid and gifts made for the purpose of providing, or to assist in providing, any of the programs authorized by this chapter, including expenses of administration. All funds received under this subsection shall be paid into the state treasury and credited to a trust and agency fund to be used by the department in carrying out the provisions of this chapter. No part of this fund shall revert to the general fund of the Commonwealth.
(8) (a) If the department has proposed a new or amended administrative
regulation that directly and clearly relates to the work of a profession, class of workers, or industry that is under the authority of the committee, the department shall not promulgate the proposed administrative regulation without first receiving comments from the committee, subject to the restrictions of paragraph (b) of this subsection.
(b) 1. The committee shall be granted a maximum of thirty (30) days to submit its comments on the proposed regulatory change. This subparagraph does not apply to an administrative regulation that is a new emergency administrative regulation.
2. The time limits in this paragraph shall begin from the day the department submits the regulatory change and sets a date for a proposed hearing for the comments of the committee. If the committee is already scheduled to meet at a time that will give it an adequate opportunity to review the administrative regulation and respond, the hearing may be held at that meeting.
3. If the committee is not scheduled to meet or meets only at the call of the department, the department shall arrange for the committee to meet at a time that will allow the committee an adequate opportunity to review and comment on the regulation within the time limit. If the committee fails to comment within the time limit, the department may proceed with the administrative changes at its discretion.
(c) To the extent that any other statute relating to the department’s authority to promulgate administrative regulations conflicts with this section, this section shall take precedence.
(d) The department may issue advisory opinions and declaratory rulings related to KRS Chapters 198B, 227, 227A, 236, and 318 and the administrative regulations promulgated under those chapters.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 3, effective June 29, 2017. — Amended 2011 Ky. Acts ch. 100, sec. 1, effective June 8, 2011. — Amended
2010 Ky. Acts ch. 24, sec. 247, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 167, sec. 1, effective July 12, 2006; and ch. 256, sec. 2, effective July
12, 2006. — Amended 2004 Ky. Acts ch. 109, sec. 28, effective July 13, 2004. — Created 1978 Ky. Acts ch. 117, sec. 3, effective June 17, 1978.
Legislative Research Commission Note. Acts 1978, ch. 155, sec. 126 (KRS
227.205) created the department of housing, buildings and construction, while Acts 1978, ch. 117, sec. 3 (KRS § 198B.030) created the department of buildings, housing and construction. Since Acts 1978, ch. 155, sec. 126 was the later enactment, it prevails.
(2) The commissioner may employ sufficient staff to carry out the functions of the commissioner’s office. Neither the commissioner nor any member of his or her staff shall be employed, either directly or indirectly, in any aspect of the building industry as regulated by this chapter while employed by the Department of Housing, Buildings and Construction.
Terms Used In Kentucky Statutes 198B.030
- 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 - Commissioner: means the commissioner of the department. See Kentucky Statutes 198B.010
- Construction: means the erection, fabrication, reconstruction, substantial alteration or conversion of a building, or the installation of equipment therein, but shall not include the ordinary repair of a building or structure. See Kentucky Statutes 198B.010
- Department: means the Department of Housing, Buildings and Construction. See Kentucky Statutes 198B.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- 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) The department shall perform all budgeting, procurement, and other administrative activities necessary for the statewide regulation and enforcement of building, construction, and inspection standards and codes. The department or commissioner shall submit any proposed administrative regulation to the committee and shall not promulgate the administrative regulation without giving the committee the opportunity to produce written comments, as required by subsection (8) of this section. If the committee chooses to produce written comments, the comments shall be attached to any public submission of the administrative regulation, including any filing under KRS Chapter 13A.
(4) The department may enter into contracts or agreements with the federal government, its subdivisions and instrumentalities, other agencies of state government or with its subdivisions and instrumentalities, or with private profit or nonprofit organizations in order to effect the purposes of this chapter.
(5) The commissioner shall cooperate with the agencies of the United States and with the governing bodies and housing authorities of counties, cities, and with not for profit organizations and area development districts in relation to matters set forth in this chapter, and in any reasonable manner that may be necessary for the state to qualify for, and to receive grants or aid from these agencies. The commissioner shall have the power to comply with each condition and execute any agreement that may be necessary, convenient, or desirable.
(6) Nothing in this chapter shall preclude any other agency, board, or officer of the state from being designated as the directing or allocating agency, board, or officer for the distribution of federal grants and aid, or the performance of other duties to the extent necessary to qualify for and to receive grants and aid for programs under the administration of the department.
(7) The commissioner is authorized to receive, for and on behalf of the state and the department from the United States and agencies thereof, and from any and all other sources, grants and aid and gifts made for the purpose of providing, or to assist in providing, any of the programs authorized by this chapter, including expenses of administration. All funds received under this subsection shall be paid into the state treasury and credited to a trust and agency fund to be used by the department in carrying out the provisions of this chapter. No part of this fund shall revert to the general fund of the Commonwealth.
(8) (a) If the department has proposed a new or amended administrative
regulation that directly and clearly relates to the work of a profession, class of workers, or industry that is under the authority of the committee, the department shall not promulgate the proposed administrative regulation without first receiving comments from the committee, subject to the restrictions of paragraph (b) of this subsection.
(b) 1. The committee shall be granted a maximum of thirty (30) days to submit its comments on the proposed regulatory change. This subparagraph does not apply to an administrative regulation that is a new emergency administrative regulation.
2. The time limits in this paragraph shall begin from the day the department submits the regulatory change and sets a date for a proposed hearing for the comments of the committee. If the committee is already scheduled to meet at a time that will give it an adequate opportunity to review the administrative regulation and respond, the hearing may be held at that meeting.
3. If the committee is not scheduled to meet or meets only at the call of the department, the department shall arrange for the committee to meet at a time that will allow the committee an adequate opportunity to review and comment on the regulation within the time limit. If the committee fails to comment within the time limit, the department may proceed with the administrative changes at its discretion.
(c) To the extent that any other statute relating to the department’s authority to promulgate administrative regulations conflicts with this section, this section shall take precedence.
(d) The department may issue advisory opinions and declaratory rulings related to KRS Chapters 198B, 227, 227A, 236, and 318 and the administrative regulations promulgated under those chapters.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 169, sec. 3, effective June 29, 2017. — Amended 2011 Ky. Acts ch. 100, sec. 1, effective June 8, 2011. — Amended
2010 Ky. Acts ch. 24, sec. 247, effective July 15, 2010. — Amended 2006 Ky. Acts ch. 167, sec. 1, effective July 12, 2006; and ch. 256, sec. 2, effective July
12, 2006. — Amended 2004 Ky. Acts ch. 109, sec. 28, effective July 13, 2004. — Created 1978 Ky. Acts ch. 117, sec. 3, effective June 17, 1978.
Legislative Research Commission Note. Acts 1978, ch. 155, sec. 126 (KRS
227.205) created the department of housing, buildings and construction, while Acts 1978, ch. 117, sec. 3 (KRS § 198B.030) created the department of buildings, housing and construction. Since Acts 1978, ch. 155, sec. 126 was the later enactment, it prevails.