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198B.040 General powers and duties of the board.

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198B.040 General powers and duties of the board. The Kentucky Board of Housing, Buildings and Construction shall have the following <br>general powers and duties: <br>(1) To conduct or cause to be conducted studies to determine the needs of the building industry of Kentucky; (2) To conduct or cause to be conducted or participate in studies of the costs of the various factors of building construction and use of buildings and to recommend <br>programs and procedures which will minimize the cost of buildings, including the <br>use of energy, while maintaining safety, durability, and comfort; (3) To administer regulatory legislation relating to buildings and construction; <br>(4) To assume administrative coordination of the various state construction review programs and to cooperate with various federal, state, and local agencies in the <br>programs as they relate to buildings and construction; (5) To assume administration and coordination of various state housing programs to include: <br>(a) Devising and implementing procedures, in conjunction with the Department for Local Government, for attaining and maintaining an accurate count of the <br>housing inventory in Kentucky, including information on the age, physical <br>condition, size, facilities, and amenities of this housing, and housing <br>constructed and demolished each year; (b) Designing programs coordinating the elements of housing finance, production, maintenance, and rehabilitation for the purpose of assuring the availability of <br>safe, adequate housing in a healthful environment for all Kentucky citizens; (c) Establishing or causing to be established public information and educational programs relating to housing, to include informing Kentucky citizens about <br>housing and housing related programs that are available on all levels of <br>government; (d) Designing and administering, or participating in the design and administration of educational programs to prepare low income families for home ownership, <br>and counseling them during their early years as homeowners; (e) Promoting educational programs to assist sponsors in the development and management of low and moderate income housing for sale or rental; (f) Cooperating with various federal, state, and local agencies in their programs as they relate to housing; and (g) Conducting or causing to be conducted studies to determine the housing preferences of Kentucky citizens and the present and future housing <br>requirements of the state; (6) To recommend state building industry policies and goals to the Kentucky General Assembly; (7) To adopt and promulgate a mandatory uniform state building code, and parts thereof, which shall establish standards for the construction of all buildings, as <br>defined in KRS 198B.010, in the state; (8) To promulgate administrative regulations providing for the proper construction of public water purification plants, other than the water treatment equipment and <br>systems in such plants; provided, however, that any such regulations must require <br>that applications for permits to build public water purification plants will be <br>submitted by the department to the Energy and Environment Cabinet for that <br>cabinet's comments. Any such regulations shall require the Energy and Environment <br>Cabinet's comments to be completed and submitted to the department within sixty <br>(60) days; (9) To promulgate administrative regulations providing for the proper construction of sewage treatment plants, other than the sewage treatment equipment and systems in <br>such plants; provided, however, that any such regulations must require that <br>applications for permits to build public sewage treatment plants will be submitted <br>by the department to the Energy and Environment Cabinet for that cabinet's <br>comments. Any such regulations shall require the Energy and Environment <br>Cabinet's comments to be completed and submitted to the department within sixty <br>(60) days; and (10) To promulgate administrative regulations for the safe installation and operation of plumbing and plumbing fixtures. (11) (a) As used in this subsection, &quot;main board&quot; means the Kentucky Board of Housing, Buildings and Construction. (b) If the main board has proposed a new or amended administrative regulation that directly and clearly relates to the work of a profession, class of workers, <br>or industry that is under the authority of any board or advisory committee that <br>is created by statute and is controlled, superseded, administratively attached, <br>or affiliated with the main board, the main board shall not promulgate the <br>proposed administrative regulation without first receiving comments from the <br>affected board or advisory committee, subject to the restrictions of paragraph <br>(c) of this subsection. (c) 1. If a proposed administrative regulation affects a board or advisory <br>committee that qualifies under paragraph (b) of this subsection, the main <br>board shall distribute the proposed administrative regulation to the board <br>or advisory committee. 2. The affected board or advisory committee shall be granted a maximum <br>of sixty (60) days to submit its comments on the proposed regulatory <br>change. If the administrative regulation is a new emergency regulation, <br>the affected board or advisory committee shall be granted a maximum of <br>thirty (30) days to submit its comments on the proposed regulatory <br>change. 3. The time limits in this paragraph shall begin from the day the main <br>board submits the regulatory change and sets a date for a proposed <br>hearing for the comments of the affected board or advisory committee. If <br>the board or advisory committee is already scheduled to meet at a time <br>that will give it an adequate opportunity to review the regulation and <br>respond, the hearing may be held at that meeting. 4. If a board or advisory committee is not scheduled to meet or meets only <br>at the call of the main board, the main board shall arrange for the board <br>or advisory committee to meet at a time that will allow the board or <br>advisory committee an adequate opportunity to review and comment on <br>the regulation within the time limit. If the affected board or advisory <br>committee fails to comment within the time limit, the main board may <br>proceed with the administrative changes at its discretion. (d) To the extent that any other statute relating to the main board's authority to promulgate administrative regulations conflicts with this section, this section <br>shall take precedence. (e) If a board or advisory committee chooses to produce written comments, those comments shall be attached to any public submission of the administrative <br>regulation, including any filing under KRS Chapter 13A. (12) Any power or limitation relating to administrative regulations promulgated by the Kentucky Board of Housing, Buildings and Construction that are subject to <br>subsection (11) of this section shall also apply to the department and commissioner <br>as described in KRS 198B.030(9) and (10). Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 248, effective July 15, 2010; and ch. 117, sec. 84, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 88, effective <br>June 26, 2007. -- Amended 2006 Ky. Acts ch. 256, sec. 3, effective July 12, 2006. -- <br>Amended 1998 Ky. Acts ch. 69, sec. 71, effective July 15, 1998. -- Created 1978 Ky. <br>Acts ch. 117, sec. 4, effective June 17, 1978. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 117, which do not appear to be in conflict and have been <br>codified together.