KRS 99A.030: Codes applicable to residential buildings -- Variances.

(1) Prior to or concurrent with the establishment of a neighborhood redevelopment

zone, the legislative body of the local government shall adopt by ordinance the

BOCA Basic Property Maintenance Code as drafted by the Building Officials and

Codes Administrators International, Inc., and the Kentucky Building Code which

shall be applicable to all residential buildings within the neighborhood

redevelopment zone. The local government shall delegate responsibility for

enforcement to the local agency responsible for l ocal enforcement of the state

building code, or such other agency deemed best qualified to carry out the

responsibilities under this chapter.

(2) Variances from provisions of the Kentucky Building Code may be granted in

specific cases pursuant to the provisions of this subsection.

(a) If a submitted plan for rehabilitation of a residential building is disapproved

by the local enforcement agency for nonconformity with the building code, the

owner or his agent may, in writing, apply to the Department of Housi ng,

Buildings and Construction for a variance from the building code with respect

to such plans. In making the determination to approve or disapprove the

application for variance, the department shall consider:

1. The architectural and historical significance of the structure;

2. The health, safety, and welfare of the public;

3. The costs of complying with the standards;

4. The ability of the applicant to proceed with the project if the variance is

not granted; and

5. The significance to the neighborhood of the project.

The department may impose a reasonable fee for the evaluation of a requested

variance.

(b) The Department of Housing, Buildings and Construction shall respond in

writing within twenty (20) working days of the application, and such response

shall be binding upon the local enforcement agency. Appeals from the

determination of the Department of Housing, Buildings and Construction may

be taken to the board of appeals.

(c) The Department of Housing, Buildings and Construction shall maintain a

central file of all such determinations, making them available upon request, to

all interested parties, and using them as precedent for other cases.

(d) The Kentucky Department of Housing, Buildings and Construction, the

Kentucky State Historic Preservation Of fice, and the Kentucky Housing

Corporation are authorized to establish a joint task force to identify and

recommend changes in the state building code as it applies to the

rehabilitation of existing housing.

(3) The United States Secretary of the Interior's standards of rehabilitation shall apply

to the rehabilitation of the exterior of any housing listed individually on the

National Register of Historic Places or located in an historic district listed on the

National Register of Historic Places.