reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 8 - Medication Guidelines › Section 810 KAR 8:040 - Out-of-competition testing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215,
				230.225(5),
				230.240,
				230.260,
				230.290,
				230.300,
				230.310,
				230.320,
				230.370
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing commission to promulgate administrative regulations
				prescribing conditions under which horse racing shall be conducted in Kentucky.
				KRS
				230.240(2) requires the
				commission to promulgate administrative regulations restricting or prohibiting
				the use and administration of drugs or stimulants or other improper acts to
				horses prior to the horse participating in a race. This administrative
				regulation establishes sampling and testing procedures for prohibited
				substances, and establishes penalties for individuals found to be in violation
				of this administrative regulation.
Section
			 1. Definitions.
(1) "Endogenous"
			 means a substance that is naturally produced by the healthy body.
(2) "Exogenous" means a substance that is not
			 naturally produced by the healthy body.
(3) "Out of competition testing" means all
			 testing other than:
(a) Pre-race TCO2 testing;
			 and
(b) Post-race testing at a
			 licensed association under the jurisdiction of the commission.
(4) "Sample" means that portion of
			 a specimen subjected to testing by the commission laboratory.
(5) "Sampling" means the act of collecting a
			 specimen from a horse.
(6)
			 "Specimen" means blood, urine, or other biologic matter taken or drawn from a
			 horse for testing.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 8 - Medication Guidelines › Section 810 KAR 8:050 - International Medication Protocol as a Condition of a Race

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.210,
				230.215,
				230.240,
				230.260,
				230.290,
				230.320
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission to promulgate administrative regulations
				prescribing conditions under which all legitimate horse racing and wagering
				thereon is conducted in Kentucky.
				KRS
				230.240(2) requires the
				commission to promulgate administrative regulations restricting or prohibiting
				the administration of drugs or stimulants or other improper acts to horses
				prior to the horse participating in a race. This administrative regulation
				authorizes licensed racing associations to require adherence to International
				Medication Protocol, as defined, as a condition of entry in a particular
				race.
Section 1. Definition.
			 "International Medication Protocol" means a condition of a race that all horses
			 nominated or entered to compete in the race shall not be administered
			 furosemide less than twenty-four (24) hours prior to post time for the
			 race.
Section 2. Notwithstanding
			 any other provision of KAR Title 810 to the contrary, an association may
			 require adherence to the International Medication Protocol as a condition of a
			 particular race. The association shall publish the requirement in its condition
			 book or otherwise make the requirement known to all licensees participating in
			 its race meeting. The horses entered to compete in an International Medication
			 Protocol race shall not be eligible to receive furosemide less than twenty-four
			 (24) hours prior to post time for the race. All matters related to sample
			 collection, ownership, storage, shipment, chain of custody, testing, and
			 reporting and other applicable provisions shall be done in accordance with
			 810
			 KAR 8:010,
			 810 KAR
			 8:030, and
			 810 KAR
			 8:060.
Section
			 3. Penalties. If the commission laboratory determines the presence
			 of furosemide at a concentration of greater than 1,000 picograms/ml in a serum
			 sample, derived post-race from a horse that is not eligible to receive
			 furosemide pursuant to this administrative regulation, it shall be prima facie
			 evidence that furosemide was administered to the horse in violation of this
			 administrative regulation. Violations of this administration regulation shall
			 be subject to the penalties provided for Class C drug violations in
			 810 KAR
			 8:030, Section 4(3).
Section 4. To the extent of any conflict
			 between a provision in this administrative regulation and a provision in any
			 other administrative regulation contained in KAR Title 810, the provisions in
			 this administrative regulation shall supersede.
STATUTORY AUTHORITY:
				  KRS
				  230.215,
				  230.240,
				  230.260,
				  230.290,
				  230.320
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 8 - Medication Guidelines › Section 810 KAR 8:060 - Post-race sampling and testing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215,
				230.240,
				230.260,
				230.265(2),
				230.290(2),
				230.320(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2) authorizes the
				Kentucky Horse Racing Commission (the "commission") to promulgate
				administrative regulations prescribing conditions under which all legitimate
				horse racing and pari-mutuel wagering thereon is conducted in Kentucky.
				KRS
				230.240(2) requires the
				commission to promulgate administrative regulations restricting or prohibiting
				the administration of drugs or stimulants or other improper acts to horses
				prior to the horse participating in a race. This administrative regulation
				establishes requirements and controls in post-race sampling and testing to
				ensure that prohibited substances are not used.
Section 1. Test Barn. In addition to the
			 procedures established in
			 810
			 KAR 8:010, Section 11, the commission shall require
			 the following procedures:
(1) A security
			 guard employed by a licensed association shall regulate access to the test barn
			 during and immediately following each race; and
(2) All individuals who wish to enter the
			 test barn shall be:
(a) Currently licensed by
			 the commission;
(b) Display their
			 commission identification badge; and
(c) Have the permission of the commission
			 veterinarian or his or her designee to be in the test barn.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 8 - Medication Guidelines › Section 810 KAR 8:070 - Bisphosphonates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				230.215,
				230.225,
				230.240,
				230.260,
				230.265,
				230.290,
				230.320,
				230.370
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215(2),
				230.260(8),
				and
				230.320
				authorize the Kentucky Horse Racing Commission to promulgate administrative
				regulations prescribing conditions under which all legitimate horse racing and
				wagering thereon is conducted in Kentucky.
				KRS
				230.240(2) requires the
				commission to promulgate administrative regulations restricting or prohibiting
				the administration of drugs or stimulants or other improper acts to horses
				prior to the horse participating in a race. This administrative regulation
				establishes requirements and controls in the administration of certain drugs,
				medications, and substances to horses, governs certain prohibited practices,
				and establishes trainer responsibilities relating to the health and fitness of
				horses.
Section 1. Horses Under Four
			 (4) Years of Age.
(1) A horse under four (4)
			 years of age shall not be administered a bisphosphonate.
(2) If a bisphosphonate is detected in an
			 out-of-competition or post-race sample from a horse under four (4) years of
			 age:
(a) The trainer, owner, or responsible
			 person shall be in violation of this administrative regulation; and
(b) The horse shall be placed on the
			 Veterinarian's List for a minimum of six (6) months from the date of
			 sampling.
Kentucky Administrative Regulations › Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 9 - Hearings and Appeals › Section 810 KAR 9:010 - Hearings, reviews, and appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 230.215(2), 230.310(2), 230.320,
				230.330
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				230.215 vests the Kentucky Horse Racing
				Commission with plenary power to promulgate administrative regulations
				prescribing conditions under which all legitimate horse racing and wagering
				thereon is conducted in the Commonwealth.
				KRS
				230.320(1) authorizes the
				commission to promulgate administrative regulations under which any license may
				be denied, suspended, or revoked, and under which any licensee or other person
				participating in Kentucky horse racing may be assessed an administrative fine
				or required to forfeit or return a purse.
				KRS
				230.320(3) requires the
				commission to grant an appeal and administrative hearing in accordance with KRS
				Chapter 13B to any person whose license is denied, suspended, or revoked or who
				is assessed an administrative fine or required to return a purse.
				KRS
				230.320(5) authorizes the
				commission to determine that certain appeals are frivolous and requires
				prescription of the factors leading to such a determination.
				KRS
				230.370 authorizes the commission to
				promulgate any reasonable and necessary administrative regulation for the
				conduct of hearings before it. This administrative regulation establishes the
				procedures for administrative hearings and appeals held pursuant to KRS Chapter
				230 and establishes parameters for frivolous appeals.
Section 1. Public Disclosures.
(1) The commission or its executive director
			 may publicly disclose information regarding an alleged regulatory violation, if
			 this information will not unduly impact any investigation, in accordance with
			 the following provisions:
(a) After notice to
			 the racing participant, the commission or its executive director may publicly
			 disclose the identity of any racing participant who is accused of an alleged
			 regulatory violation and the identity of the horse at issue;
(b) After both the commission and racing
			 participant receive testing results pursuant to
			 810 KAR 8:010 and
			 810 KAR 8:060, the commission or
			 its executive director may publicly disclose the alleged conduct or the alleged
			 amount and type of the medication, drug, or substance that gave rise to the
			 alleged regulatory violation;
(c)
			 At any time, the commission or its executive director may publicly disclose the
			 date of an upcoming stewards' hearing; or
(d) At any time, the commission or its
			 executive director may publicly disclose other information in the best
			 interests of racing.
Kentucky Administrative Regulations › Title 811 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 1 - Harness Racing › Section 811 KAR 1:125 - Pari-mutuel wagering

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 138.510-138.550, 230.210-230.375,
				230.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) grants the
				commission the authority to regulate conditions under which standardbred racing
				and pari-mutuel wagering thereon shall be conducted in Kentucky. KRS 230.361(1)
				requires the authority to promulgate administrative regulations governing and
				regulating mutuel wagering on horse races under the pari-mutuel system of
				wagering. This administrative regulation establishes the requirements for the
				operation of pari-mutuel wagering under KRS Chapter 230 and 811 KAR Chapter
				1.
Section 1. Pari-Mutuel System of
			 Wagering Required.
(1) The only wagering
			 permitted on a live or historical horse race shall be under the pari-mutuel
			 system of wagering. All systems of wagering other than pari-mutuel shall be
			 prohibited. Any person participating or attempting to participate in prohibited
			 wagering shall be ejected and excluded from association grounds.
(2) Wagering conducted in conformity with KRS
			 Chapter 230 and 811 KAR Chapter 1 is pari-mutuel.
Kentucky Administrative Regulations › Title 811 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION › Chapter 2 - Quarter Horse, Paint Horse, Appaloosa, and Arabian Racing › Section 811 KAR 2:060 - Pari-mutuel wagering

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 138.510-138.550, 230.210-230.375,
				230.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) grants the
				commission the authority to regulate conditions under which quarter horse,
				appaloosa and Arabian racing and pari-mutuel wagering thereon shall be
				conducted in Kentucky. KRS 230.361(1) requires the authority to promulgate
				administrative regulations governing and regulating mutuel wagering on horse
				races under the pari-mutuel system of wagering. This administrative regulation
				establishes the requirements for the operation of pari-mutuel wagering under
				KRS Chapter 230 and 811 KAR Chapter 2.
Section
			 1. Pari-Mutuel System of Wagering Required.
(1) The only wagering permitted on a live or
			 historical horse race shall be under the pari-mutuel system of wagering. All
			 systems of wagering other than pari-mutuel shall be prohibited. Any person
			 participating or attempting to participate in prohibited wagering shall be
			 ejected and excluded from association grounds.
(2) Wagering conducted in conformity with KRS
			 Chapter 230 and 811 KAR Chapter 2 is pari-mutuel.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 2 - General › Section 815 KAR 2:030 - Vehicle identification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.670,
				227A.020,
				318.100,
				318.170
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 2 - General › Section 815 KAR 2:040 - Fees and refunds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.4037,
				198B.615,
				198B.676,
				318.050,
				318.054,
				318.134
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 4 - Elevator Safety › Section 815 KAR 4:010 - Annual inspection of elevators, chairlifts, fixed guideway systems, and platform lifts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.400,
				198B.470,
				198B.480,
				198B.500,
				198B.510,
				198B.540
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.
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:
Elevators
Inspection Fee
Stair Lift, Chairlift, Platform Lift, or Fixed
							 Guideway System
$100
Dumbwaiter
$110
Limited Use, Limited Access (Lula)
$125
Moving Sidewalk
$125
Passenger
$125
Hydraulic
$125
Special Purpose (private residential or vertical
							 reciprocating conveyor)
$125
Escalator
$145
Freight
$225
Traction
$125 for initial ten (10) stories; plus $10 for each
							 additional ten (10) stories or portion thereof
(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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 4 - Elevator Safety › Section 815 KAR 4:025 - Permit and inspection fees for new and altered elevators, chairlifts, fixed guideway systems, and platform lifts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.050, 198B.400-198B.540
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 4 - Elevator Safety › Section 815 KAR 4:027 - Reporting incidents involving personal injury or death

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.400(1), (11),
				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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 4 - Elevator Safety › Section 815 KAR 4:030 - Elevator licensing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.4003,
				198B.4009,
				198B.4011,
				198B.4013,
				198B.4023,
				198B.4025,
				198B.4027,
				198B.4033
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 7 - Kentucky Building Code › Section 815 KAR 7:070 - Kentucky Certified Building Inspector Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.010(6),
				198B.040(3),
				198B.050(3)(c),
				(6),
				198B.060,
				198B.090,
				198B.095
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 7 - Kentucky Building Code › Section 815 KAR 7:080 - Licensing of fire protection sprinkler contractors

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.550 - 198B.630
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 7 - Kentucky Building Code › Section 815 KAR 7:110 - Criteria for expanded local jurisdiction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 67A, 67C, 82.105(1), 83, 83A, 198B.040(7),
				198B.050, 198B.060, 198B.070, 212.626(5), 227.489
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 7 - Kentucky Building Code › Section 815 KAR 7:120 - Kentucky Building Code

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				132.010,
				198B.010,
				198B.040,
				198B.050,
				198B.060,
				198B.080,
				198B.260,
				198B.990,
				227.300,
				227.550(7)
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 7 - Kentucky Building Code › Section 815 KAR 7:125 - Kentucky Residential Code

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.010,
				198B.040,
				198B.050,
				198B.060,
				198B.080,
				198B.260,
				198B.990
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 7 - Kentucky Building Code › Section 815 KAR 7:130 - Kentucky Industrialized Building Systems

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.030,
				198B.062,
				318.134
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 8 - Heating, Ventilation, and Air Conditioning Licensing Requirements › Section 815 KAR 8:010 - Licensing requirements for master HVAC contractors and journeyman HVAC mechanics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.650,
				198B.654,
				198B.656,
				198B.658,
				198B.659,
				198B.660,
				198B.664,
				198B.668,
				198B.672,
				198B.676
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.
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:
1. Notify the department in
			 writing; and
2. Request a change of
			 information.
(c) Death of
			 a master HVAC contractor.
1. 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.
2. The 180-day interim
			 period described in KRS 198B.667 shall begin on the
			 date the master HVAC contractor dies.
3. 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.
4. The company shall not use the deceased
			 master HVAC contractor license after the expiration date of the interim
			 period.
5. 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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 8 - Heating, Ventilation, and Air Conditioning Licensing Requirements › Section 815 KAR 8:030 - Apprentice mechanic registration and certification requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.650,
				198B.656,
				198B.658,
				198B.664
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 8 - Heating, Ventilation, and Air Conditioning Licensing Requirements › Section 815 KAR 8:070 - Installation permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.654, 198B.6671-198B.6678, Chapter
				236
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 8 - Heating, Ventilation, and Air Conditioning Licensing Requirements › Section 815 KAR 8:080 - Inspections and tests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.6671,
				198B.6672,
				198B.6673,
				198B.6674,
				198B.6675,
				198B.6676,
				198B.6677,
				198B.6678
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.
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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 10 - Standards of Safety › Section 815 KAR 10:060 - Standards of Safety

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.050,
				227.300,
				227.331,
				227.715,
				227.990,
				234.140
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.
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:
1. Fire;
2. Explosion;
3. Natural disaster;
4. Neglect; or
5. 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.
Kentucky Administrative Regulations › Title 815 - PUBLIC PROTECTION CABINET - DEPARTMENT OF HOUSING, BUILDINGS AND CONSTRUCTION › Chapter 10 - Standards of Safety › Section 815 KAR 10:070 - Consumer fireworks retailer registration and fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				227.700,
				227.702,
				227.704,
				227.708,
				227.710,
				227.715,
				227.750,
				227.752
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.
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.