815 KAR 7:070. The Kentucky Certified
Building Inspector Program.
RELATES TO: KRS 198B.010(6),
198B.040(3), 198B.050(3)(c), (6), 198B.060, 198B.090, 198B.095
STATUTORY
AUTHORITY: KRS 198B.050(5), 198B.090(1)(a), 198B.095(1)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 198B.090(1)(a) requires the office to create and
administer a building inspector's certification program which is designed to
ensure uniform statewide enforcement of applicable state building codes. KRS
198B.050(5) requires the board to promulgate administrative regulations
necessary to implement the Uniform State Building Code. KRS 198B.095(1)
authorizes the board to promulgate an administrative regulation to establish a
building inspector training program. This administrative regulation establishes
the testing, training, and continuing education requirements for qualifying
persons to become inspectors for the enforcement of the Kentucky Building Code,
the Kentucky Residential Code, and to identify the level of their responsibilities
for this enforcement.
Section 1.
Definitions. (1) "Certified building inspector" is defined by KRS
198B.010(6).
(2)
"Enrolled" means an applicant has complied with the requirements
established in Section 4(1) of this administrative regulation.
(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 7 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 7 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 Kentucky certified building inspector.
Section 2.
Inspection Operations. (1) Each governmental entity engaged in a building
inspection program shall have, in responsible charge of all construction
document approvals, inspections and issuance of certificates of occupancy, at
least one (1) Kentucky certified building inspector with the level of
credentials required for the buildings covered by the program.
(2) A trainee may
be utilized in a building inspection program. If a trainee is utilized in a
building inspection program, the trainee shall operate under the general
supervision of a Kentucky certified building inspector.
(a) A trainee
shall not issue a permit, construction document approval letter, inspection
compliance letter, or certificate of occupancy.
(b) A trainee
holding a current limited certificate shall exercise only the duties authorized
by that certificate.
(c) A limited
certificate shall not be available to persons who apply after March 22, 2001.
Section 3.
Training and Testing Requirements to Become Certified. A candidate seeking
certification shall comply with the provisions of this section.
(1) A candidate
seeking to become certified pursuant to this administrative regulation and all
trainees shall be required to attend orientation training, provided or approved
by the department pursuant to subsection (2)(d) of this section. The training
sessions shall be given quarterly.
(2) Continuing
education.
(a) Continuing
education programs shall be conducted by:
1. The department;
2. The Code
Administrators Association of Kentucky (CAAK); or
3. A provider that
is approved by the department pursuant to paragraph (d) of this subsection.
(b) The board may
fund a continuing education program through the Building Inspectors’ Financial
Incentive Training Program Fund.
(c) A candidate
seeking certification or a trainee seeking to continue as a trainee shall:
1. Complete a
minimum of twelve (12) hours of continuing education training annually; and
2. Submit
verification of completion on either:
a. Continuing
Education Verification Form, DHBC BC/CE-1; or
b. A certificate
of completion provided by a pre-approved training provider.
(d)1. A provider
shall submit a completed Continuing Education Course Approval Request Form,
DHBC-BC/CE 2 to the department no less than thirty (30) days prior to the date
the educational program will be offered.
2. The program
shall be recognized as approved training for the Kentucky Certified Building Inspector
Program if the program:
a. Relates to the
general business skills or the technical skills required of a certified
inspector;
b. Contains
sufficient educational content to improve the quality of a certified
inspector’s performance; and
c. Includes a
course evaluation.
3. The written
request shall include the following:
a. The total
number of continuing education hours;
b. Course
syllabus;
c. A detailed
outline of the contents of the course;
d. Name and
address of the vendor;
e. Name, address, and
qualifications of each instructor;
f. Program agenda
with written description of class material which clearly identifies that the
educational content relates to the general business skills or the technical
skills required of a certified inspector which would improve the quality of the
certified inspector’s performance; and
g. Location and
keeper of class attendance verification list, which shall be available for at
least twelve (12) months after completion of the educational program. The
department shall be electronically advised of attendees and course completions.
(3) The
commissioner shall waive the time requirements established in this
administrative regulation for hardships shown or if circumstances warrant a
waiver due to changes in testing procedures, standards, or dates.
Section 4.
Application for Training and Certification. (1) To become a trainee or a
candidate for certification, a person shall submit:
(a) A completed
Initial Application Form, DHBC BC/CP-1;
(b) A fifty (50)
dollar application fee; and
(c) Written proof
that the applicant has met the requirements established in subsection (2) of
this section.
(2) An applicant
shall have:
(a)1. Graduated
from high school or earned a general education diploma; and
2.a. Three (3)
years experience in a responsible, directly-related construction position, such
as a foreman, which required the ability to effectively read and interpret
building plans and specifications; or
b. Three (3) years
experience in an architect’s or engineer’s office performing building design or
drafting duties;
(b) Graduated from
a college or university with an associate degree in a design, building
technology or construction-related subject; or
(c) Graduated from
a college or university with a bachelor's degree in architecture, engineering,
fire science, or building technology.
(3) A person shall
not engage in inspection activities for the enforcement of the Kentucky
Building Code or the Kentucky Residential Code, 815 KAR 7:125, unless that
person is currently enrolled with the department and has otherwise complied
with the requirements of this administrative regulation.
Section 5. Renewal
and Reinstatement. (1) A certified inspector or trainee, including an inspector
holding a limited certificate, shall pay an annual renewal fee of fifty (50)
dollars not later than the last day of the certified inspector or trainee's
birth month annually.
(a) A late fee of
fifty (50) dollars shall be assessed if renewal is not postmarked by the last
day of the certified inspector or trainee's birth month.
(b) If a certified
inspector or trainee fails to renew ninety (90) days after the last day of that
person's birth month, certification shall terminate.
(2)(a) A
reinstatement fee for a terminated certification shall be equal to the renewal
fee and shall be paid in addition to the renewal fee.
(b) A terminated
certification may be reinstated if application is made within three (3) years
from the date of termination and shall not require examination for reinstatement.
Section 6. Inactive
License Certification. (1) A certified inspector or an inspector holding a
limited certificate may request that the certification be placed in an inactive
status and shall:
(a) Not perform an
inspection while the certification is inactive;
(b) Pay an
inactive fee of one-half (1/2) of the renewal fee annually on or before the
last day of the certified inspector’s birth month; and
(c) Not be
required to obtain yearly continuing education during the inactive status.
Within twelve (12) months prior to a request for re-activation, twelve (12)
hours of continuing education shall be obtained.
(2) Upon a request
to reactivate an inactive certification, an inspector shall pay one-half (1/2)
the fee for an active certification.
Section 7.
Certification Requirements, Responsibilities, and Jurisdiction for Inspectors.
(1) One (1) and
two (2) family dwelling inspector.
(a) A person shall
be classified as a one (1) and two (2) family dwelling inspector if the person
has:
1. Been tested for
competency under the Kentucky Residential Code, by passing the following:
a. NCPCCI test
modules:
(i) Test 1A
Building One- and Two-Family Dwelling; and
(ii) Test 4A
Mechanical One- and Two-Family Dwelling; or
b. ICC test
modules:
(i) Test B1
Residential Building Inspector; and
(ii) Test M1
Residential Mechanical Inspector; and
2. Complied with
the requirements of this administrative regulation.
(b) A one (1) and
two (2) family dwelling inspector shall be qualified to perform all functions
related to the enforcement of the Kentucky Residential Code, including issuing
permits, reviewing and approving construction documents, conducting on-site
inspections, and issuing compliance letters and certificates of occupancy for
the construction of one (1) and two (2) family dwellings and townhouses.
(2) Building
inspector, level I.
(a) A person shall
be classified as a building inspector, level I, if the person has:
1. Been tested for
competency under the Kentucky Residential Code and the Kentucky Building Code,
by passing the following:
a. NCPCCI test
modules:
(i) Test 1A
Building One- and Two-Family Dwelling;
(ii) Test 4A
Mechanical One- and Two-Family Dwelling;
(iii) Test 1B
Building General; and
(iv) Test 3B Fire
Protection General; or
b. ICC test
modules:
(i) Test B1
Residential Building Inspector;
(ii) Test B2
Commercial Building Inspector; and
(iii) Test MI
Residential Mechanical Inspector; and
2. Complied with
the requirements of this administrative regulation.
(b) A building
inspector, level I, shall be qualified to perform all functions related to the
enforcement of the Kentucky Building Code and the Kentucky Residential Code,
including issuing permits, reviewing and approving construction documents,
conducting on-site inspections, and issuing compliance letters and certificates
of occupancy for all buildings of the occupancy type and size assigned to local
governments by KRS 198B.060(2).
(3) Building
inspector, level II.
(a) A person shall
be classified as a building inspector, level II, if the person has:
1. Been tested for
competency under the Kentucky Residential Code and the Kentucky Building Code,
by passing the following:
a. NCPCCI test
modules:
(i) Test 1A
Building One- and Two-Family Dwelling;
(ii) Test 4A
Mechanical One- and Two-Family Dwelling;
(iii) Test 1B
Building General;
(iv) Test 3B Fire
Protection General; and
(v) Test 4B
Mechanical General; or
b. ICC test
modules:
(i) Test B1
Residential Building Inspector;
(ii) Test B2
Commercial Building Inspector;
(iii) Test M1
Residential Mechanical Inspector; and
(iv) Test M2
Commercial Mechanical Inspector; and
2. Complied with
the requirements of this administrative regulation.
(b) A building
inspector, level II, shall be qualified to perform functions related to the
enforcement of the Kentucky Building Code and Kentucky Residential Code for all
buildings of the occupancy type and size assigned to local government under KRS
198B.060(2) including issuing permits, reviewing and approving construction
documents, conducting on-site inspections, and issuing compliance letters and
certificates of occupancy.
(c) A building
inspector, level II, shall be qualified to conduct on-site inspections of all
buildings which were assigned to the department pursuant to KRS 198B.060(4).
(4) Building inspector,
level III.
(a) A person shall
be classified as a building inspector, level III, if the person has:
1. Been tested for
competency under the Kentucky Residential Code, Mechanical Code and the
Kentucky Building Code, by passing the following:
a. NCPCCI test
modules:
(i) Test 1A
Building One- and Two-Family Dwelling;
(ii) Test 4A
Mechanical One- and Two-Family Dwelling;
(iii) Test 1B
Building General;
(iv) Test 3B Fire
Protection General;
(v) Test 4B
Mechanical General;
(vi) Test 1C
Building Plan Review;
(vii) Test 3C Fire
Protection Plan Review; and
(viii) Test 4C
Mechanical Plan Review; or
b. ICC test
modules:
(i) Test B1
Residential Building Inspector;
(ii) Test B3
Building Plans Examiner;
(iii) Test M1
Residential Mechanical Inspector; and
(iv) Test M3
Mechanical Plans Examiner; and
2. Complied with
the requirements of this administrative regulation.
(b) A building
inspector, level III, shall be qualified to perform all functions relating to
the enforcement of the Kentucky Building Code and Kentucky Residential Code,
including issuing permits, reviewing and approving construction documents
conducting, on-site inspections and issuing compliance letters and certificates
of occupancy for all buildings, regardless of size or occupancy type. A local inspector
shall not be authorized to perform these functions on buildings assigned to the
department by KRS 198B.060(4), except by petition to and approval of more
inspection responsibility by the department pursuant to 815 KAR 7:110.
(5) Mechanical
inspector, one (1) and two (2) family dwellings.
(a) A person shall
be classified as a mechanical inspector of one (1) and two (2) family dwellings
if the person has:
1. Been tested for
competency under the Kentucky Residential Code by passing the:
a. NCPCCI Test 4A
Mechanical One- and Two-Family Dwelling test module; or
b. ICC Test M1
Residential Mechanical Inspector test module; and
2. Complied with
the requirements of this administrative regulation.
(b) A mechanical
inspector of one (1) and two (2) family dwellings shall be qualified to perform
all functions related to the enforcement of the mechanical requirements of the
Kentucky Residential Code including conducting inspections of one (1) and two
(2) family dwelling mechanical installations for compliance.
(6) Mechanical
inspector general (other than one (1) and two (2) family dwellings).
(a) A person shall
be classified as a mechanical inspector general if the person has:
1. Been tested for
competency under the Mechanical Code, by passing:
a. NCPCCI Test 4B
Mechanical General test module; or
b. ICC Test M2
Commercial Mechanical Inspector test module; and
2. Complied with
the requirements of this administrative regulation.
(b) A mechanical
inspector general shall be qualified to perform all functions related to the
enforcement of the mechanical requirements of the Mechanical Code including
management of mechanical code enforcement activity, supervision of mechanical
inspectors or plans examination, performing plans examination for compliance
and conducting inspections of structures for compliance.
(7) Mechanical
inspector and plan reviewer.
(a) A person shall
be classified as a mechanical inspector and plan reviewer if the person has:
1. Been tested for
competency under the Kentucky Residential Code and the Mechanical Code, by
passing the following:
a. NCPCCI test
modules:
(i) Test 4A
Mechanical One- and Two-Family Dwelling;
(ii) Test 4B
Mechanical General; and
(iii) Test 4C
Mechanical Plan Review; or
b. ICC test
modules:
(i) Test M1
Residential Mechanical Inspector; and
(ii) Test M3
Mechanical Plans Examiner; and
2. Complied with
the requirements of this administrative regulation.
(b) A mechanical
inspector and plan reviewer shall be qualified to perform all functions related
to the enforcement of the mechanical requirements of the Kentucky Residential
Code and the Mechanical Code including management of mechanical code
enforcement activity, supervision of mechanical inspectors or plans
examination, performing plans examination for compliance and conducting inspections
of structures for compliance.
(8) Trainees and
limited certificates.
(a) A person
making inspections pursuant to a limited certificate shall be supervised by a
Kentucky certified building inspector with a level I certification or higher.
(b) A person
making inspections as a trainee without a certificate shall be supervised by a
person with a level of certification equal to or higher than that which the
trainee is pursuing.
(c) A trainee or a
person with a limited certificate shall not issue permits, construction
document approval letters, compliance letters or certificates of occupancy, or
make any official or final determinations relating to the Kentucky Building
Code.
(9) A person
making inspections as authorized by this administrative regulation shall not
overrule, supplant, or order corrections or alterations which conflict with the
approved construction documents. If an inspector believes that the construction
documents are wrong or that the construction is in violation of the code, the inspector
shall immediately refer the matter to the certified building inspector responsible
for approval of the construction documents for resolution.
(10) Upon
application by a testing agency, a national code group, or by an applicant for
certification, the department may recognize other examinations as equivalent to
the listed NCPCCI or ICC examinations. The person or group submitting the
examination shall demonstrate that the examinations cover the same codes and
require the same level of knowledge as the NCPCCI or ICC examinations.
Section 8.
Suspension and Revocation of Certification. (1) Formal written complaints
concerning an inspector shall be submitted to the Department of Housing,
Buildings, and Construction for review and authorized disciplinary action.
(2) Action shall
not be taken against a building inspector governed pursuant to this
administrative regulation until a hearing has been held upon request or waived
in accordance with KRS Chapter 13B, and the commissioner determines based on
investigation and evidence that the inspector is:
(a) Not enforcing
the Kentucky Building Code;
(b) Not enforcing
the Kentucky Residential Code;
(c) Improperly
enforcing the code; or
(d) Violating his
or her responsibilities as an inspector.
Section 9.
Grandfather Clause. (1) A person who was certified as a building inspector,
level l, II, or III, or who held a limited certificate on or before December
15, 1997 shall:
(a) Not be
required to take additional test modules to renew the certification, if the
person has maintained continuous certification since December 15, 1997; and
(b) Complete the
continuing education requirements as established in Section 3 of this
administrative regulation prior to renewal of the certificate.
(2) A person who
was certified as of March 22, 2001, but who seeks to achieve a higher level of
certification, shall comply with the testing modules required by this
administrative regulation.
Section 10.
Incorporation by Reference. (1) The following material is incorporated by
reference:
(a) “Continuing
Education Verification Form”, DHBC-BC/CE 1, October 2009;
(b) Initial
Application Form”, DHBC-BC/CP 1, October 2009; and
(c) “Certified
Building Inspector Continuing Education Course Approval Request”, DHBC-BC/CE 2,
December 2012.
(2) This material
may be inspected, copied or obtained, subject to applicable copyright law, at
the Department of Housing, Buildings, and Construction, 101 Sea Hero Road,
Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to
4:30 p.m. (10
Ky.R. 257; eff. 9-7-1983; Am. 13 Ky.R. 1484; 2005; eff. 5-14-1987; 14 Ky.R.
632; eff. 11-6-1987; 18 Ky.R. 1415; 2258; eff. 1-10-1992; 24 Ky.R. 945; eff.
12-15-1997; 27 Ky.R. 2238; 2791; eff. 3-22-2001; 31 Ky.R. 1742; 1975; eff.
7-1-2005; 35 Ky.R. 191; Am. 563; eff. 9-24-2008; 36 Ky.R. 1126; 1488; eff.
2-5-2010; 2251; 37 Ky.R. 65; eff. 8-6-2010; 39 Ky.R. 1499; 1882; eff. 4-5-2013.)
