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building or system to the utility, source of energy,
fuel, or power.
R111.3 Authority to disconnect service utilities. The
building official and the applicable licensed and certified
inspector listed in section R101.6, R101.7, and R101.8 shall
have the authority to authorize disconnection of utility service
to the building, structure, or system regulated by this code and
the referenced codes and standards set forth in Section R102.4
in case of emergency where necessary to eliminate an
immediate hazard to life or property, or when such utility
connection has been made without the approval required by
Section R111.1 or R111.2. The building official shall notify
the serving utility and, whenever possible, the owner and
occupant of the building, structure, or service system of the
decision to disconnect prior to taking such action if not
notified prior to disconnection. The owner or occupant of the
building, structure, or service system shall be notified in
writing as soon as practical thereafter.
SECTION R112
APPEALS
R112.1 General. All appeals from the decisions of building
officials shall be conducted in accordance with the appeals
provisions of KRS 198B.070. Where a local appeals board
exists, a party must first appeal to the local appeals board
when aggrieved by a decision of the local building official.
The Department shall hear appeals directly from a party
aggrieved by the decision of an agent of the Department.
R112.2 Appeal by fire code official. Decisions rendered by
the building official with respect to enforcement of the
Kentucky Building Code on any building may be appealed by
the local fire code official of the jurisdiction if the fire code
official is aggrieved by that decision.
R112.3 Local appeals board. Local appeals boards may be
appointed to hear appeals from the decisions of the local
building official in accordance with the provisions of Sections
112.3.1 through 112.3.4.
R112.3.1 Appointment. The mayor or county judge
executive of a local government which is enforcing the
Kentucky Building Code may, upon approval of the local
legislative body, appoint a local appeals board, consisting
of at least five technically qualified persons with
professional experience related to the building industry,
three of which shall not be employees of the local
government, to hear appeals from the decisions of the local
code official regarding building code requirements.
R112.3.2 Cooperative agreements. Local
governments which are enforcing the Kentucky
Building Code may cooperate with each other and
provide a local appeals board and shall adhere to
the provisions of KRS Chapter 65 when entering
into a cooperative agreement.
R112.3.3 Disqualification of member. Local building
officials or employees of a local inspection department shall
not sit on a local appeals board if the board is hearing an
appeal to a decision rendered by the local department. A
member of a local appeals board shall not hear an appeal in
a case in which the member has a financial interest.
R112.3.4 Right to appeal. Any party to a decision by the
local building official may appeal that decision to the local
appeals board. Upon receipt of an appeal from a qualified
party, the local appeals board shall convene a hearing to
consider the appeal within 15 days of receipt.
R112.3.5 Notice of meeting. All parties to the appeal shall
be notified of the time and place of the hearing by letter sent
by certified mail not later than 20 days prior to the date of
the hearing.
R112.3.6 Board decision. The local appeals board shall
render a decision within five working days after the
hearing. The board may uphold, amend, or reverse the
decision of the local building official, and there shall be no
appeal from the decision of the local appeals board other
than by appeal to the Department.
R112.3.7 Open hearing. All hearings before the local
appeals board shall be open to the public. The appellant, the
appellant’s representative, the building official, and all
persons whose interests are affected shall be given an
opportunity to be heard.
R112.3.7.1 Procedure. The local appeals board shall
adopt and make available to the public through the
secretary procedures under which a hearing will be
conducted. The procedures shall not require compliance
with strict rules of evidence but shall mandate that only
R112.3.8 Board decision. A majority of the local appeals
board members’ votes shall be required to modify or
reverse the decision of the building official.
R112.4 Appeals to the State. Application for appeal by a
property owner may be made when it is claimed in writing
that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply, or an equally good or better
form of construction can be used, or that the building official
has refused to grant a modification to the provisions of this
code covering the manner of construction or material to be
used in the erection, alteration, or repair of a building or
structure.
R112.4.1 Application procedure. Appeals to the Department
shall be in writing and shall be addressed to the Commissioner
of the Department of Housing, Buildings and Construction,
500 Mero Street, Frankfort, Kentucky 40601; Attention:
Appeals. The appeal shall include citations of those provisions
of the Kentucky Building Code or Kentucky Residential Code
that are at issue, an explanation of why the decision of the state