{"data":{"id":"us-ky/krs-99a.030","jurisdiction":"us-ky","citation":"KRS 99A.030","heading":"Codes applicable to residential buildings -- Variances.","body":"(1) Prior to or concurrent with the establishment of a neighborhood redevelopment\nzone, the legislative body of the local government shall adopt by ordinance the\nBOCA Basic Property Maintenance Code as drafted by the Building Officials and\nCodes Administrators  International, Inc., and the Kentucky Building Code which\nshall be applicable to all residential buildings within the neighborhood\nredevelopment zone. The local government shall delegate responsibility for\nenforcement to the local agency responsible for l ocal enforcement of the state\nbuilding code, or such other agency deemed best qualified to carry out the\nresponsibilities under this chapter.\n(2) Variances from provisions of the Kentucky Building Code may be granted in\nspecific cases pursuant to the provisions of this subsection.\n(a) If a submitted plan for rehabilitation of a residential building is disapproved\nby the local enforcement agency for nonconformity with the building code, the\nowner or his agent may, in writing, apply to the Department of Housi ng,\nBuildings and Construction for a variance from the building code with respect\nto such plans. In making the determination to approve or disapprove the\napplication for variance, the department shall consider:\n1. The architectural and historical significance of the structure;\n2. The health, safety, and welfare of the public;\n3. The costs of complying with the standards;\n4. The ability of the applicant to proceed with the project if the variance is\nnot granted; and\n5. The significance to the neighborhood of the project.\nThe department may impose a reasonable fee for the evaluation of a requested\nvariance.\n(b) The Department of Housing, Buildings and Construction shall respond in\nwriting within twenty (20) working days of the application, and such response\nshall be binding upon the local enforcement agency. Appeals from the\ndetermination of the Department of Housing, Buildings and Construction may\nbe taken to the board of appeals.\n(c) The Department of Housing, Buildings and Construction shall maintain a\ncentral file of all such determinations, making them available upon request, to\nall interested parties, and using them as precedent for other cases.\n(d) The Kentucky Department of Housing, Buildings and Construction, the\nKentucky State Historic Preservation Of fice, and the Kentucky Housing\nCorporation are authorized to establish a joint task force to identify and\nrecommend changes in the state building code as it applies to the\nrehabilitation of existing housing.\n(3) The United States Secretary of the Interior's standards of rehabilitation shall apply\nto the rehabilitation of the exterior of any housing listed individually on the\nNational Register of Historic Places or located in an historic district listed on the\nNational Register of Historic Places.","path":["KRS Chapter 99A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26600","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:02Z","sha256":"1a08c07e706b9d4d59d867e9a8cb82452491cb14834fa5f501f23303baf8d812","source_id":"us-ky","stale":false,"prev":"us-ky/krs-99a.020","next":"us-ky/krs-99a.040"},"notice":"GroundRules: Original legal text. Not legal advice."}