UNOFFICIAL COPY AS OF 11/13/1814 REG. SESS.14 RS BR 1100
AN ACT relating to the recycling of construction materials.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF SUBCHAPTER 40 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:
(1)As used in this section:
(a)"Builder" means any individual, for-profit or not-for-profit business entity, political subdivision, or government entity that undertakes any construction, demolition, or renovation in the Commonwealth;
(b)"Construction" means the building of any facility, structure, wall, fence, or paving, or any portion thereof;
(c)"Debris" means excess or discarded building materials, packaging, rubble or vegetation resulting from construction, demolition, remodeling, or similar operations;
(d)"Demolition" means the interior or exterior razing, tearing down, or wrecking of any facility, structure, wall, fence, or paving, whether in whole or in part; and
(e)"Diversion" means the diversion of debris, in accordance with all applicable federal, state, and local requirements, from disposal at solid waste landfills through recycling, reuse, or composting. "Diversion" also includes using building techniques, materials, or packaging materials recognized by the cabinet or the Kentucky Board of Housing, Buildings, and Construction to reduce the amount of construction debris that would otherwise be produced.
(2)Within one (1) year of the effective date of this Act, the cabinet shall promulgate administrative regulations establishing the Commonwealth Conservation Builder voluntary certification program. The administrative regulations shall set forth:
(a)How builders may apply to the cabinet for certification;
(b)The length of the certification period, the certification renewal process, and the process for certification revocation; and
(c)Minimum certification requirements, including but not limited to:
1.Compliance with all relevant federal, state, and local recycling and waste disposal requirements, with no violations for at least one (1) year prior to the date of application;
2.Compliance with minimum debris diversion requirements to be determined by the cabinet. The diversion requirements may vary depending on the type of debris being diverted, the type and size of the construction or demolition undertaken, and whether the construction or demolition is done for residential or commercial property; and
3.Submission of a plan from the builder detailing the methods that the builder will use to meet the minimum diversion requirements and how the debris will be diverted.
(3)The cabinet shall make its best efforts to promote participation in the certification program and to raise public awareness of the benefits accruing to the Commonwealth as a result of the debris diversion undertaken by builders certified through the program.
(4)At least once every five (5) years after the initial promulgation of the administrative regulations required by this section, the cabinet shall re-examine the minimum diversion requirements for program certification to determine whether increasing the requirements would be practicable under the circumstances.
Section 2. KRS 198B.050 is amended to read as follows:
(1)Within one (1) year from its initial meeting, after adequate notice in accordance with KRS Chapter 13A, the board shall adopt and promulgate a mandatory Uniform State Building Code which shall establish standards for the construction of all buildings, as defined in KRS 198B.010, in the state. The code shall provide that the review and approval, as necessary, of building plans for conformance with the Uniform State Building Code prior to construction approval shall be conducted only by the department or a local government or governments delegated such responsibilities by this chapter, and any exceptions to this policy shall be explicitly stated in the code.
(2)The code shall be comprehensive and shall include but not be limited to provisions for general construction; structural quality; mechanical systems to include heating, cooling, and ventilation; electrical systems; and life safety from hazards of fire, explosion, and other disasters, whether caused by acts of nature or man. The code shall encompass the Kentucky State Plumbing Code promulgated pursuant to KRS 318.130, boiler rules and regulations issued pursuant to KRS 236.030, and the national electrical code.
(3)This code shall be designed after and may be selected from the models offered by such model code agencies as the Building Officials and Code Administrators, International, Inc.; the International Conference of Building Officials; the Southern Building Code Congress; and other nationally recognized organizations which may include governmental agencies. The code shall:
(a)Provide uniform standards and requirements for construction and construction materials;
(b)To the extent practicable, set forth standards, specifications, and requirements in terms of performance objectives, so as to facilitate the use of new technologies, techniques, and materials. The code shall not discriminate in favor of particular suppliers' materials, techniques, or technologies;
(c)Protect the public health, safety, and welfare within the state; and
(d)To the extent practicable, set forth minimum standards, specifications and requirements for the diversion and reduction of construction or demolition debris from solid waste landfills, as these terms are defined in Section 1 of this Act.
(4)Adoption of a code shall include provisions for the continuing review of, and the board shall adopt when deemed justified to fulfill the purposes of this chapter, new materials, technologies, and techniques in the building industry. The board may adopt a model code promulgated by a model code agency only if that agency provides a method for democratic participation by the board and any local governments which may enforce the code, in a continuing review and possible adoption of new materials, technologies, and techniques in the building industry.
(5)The board shall issue regulations, after notice in accordance with KRS Chapter 13A, which are necessary to implement the Uniform State Building Code or to carry out any other responsibility assigned to said board by this chapter.
(6)The board shall monitor the effectiveness of agencies designated by local governments to enforce the provisions of the Uniform State Building Code.
(7)If the board determines that an agency is not enforcing the provisions of the Uniform State Building Code, it shall direct the department to determine where deficiencies exist. The department shall require the local government to correct the deficiencies within sixty (60) days and report to the department its method of correcting the deficiencies.
(8)If the local government fails to correct the deficiencies, the department shall recommend to the board that the department be permitted to preempt the local program as provided for in KRS 198B.060(4).
(9)The board shall provide for the supply, including amendments and revisions thereto, of sufficient copies of the Uniform State Building Code for all interested parties.
Section 3. KRS 224.40-120 is amended to read as follows:
(1)The cabinet shall not permit the off-site disposal of construction or demolition waste at a site less than one (1) acre unless, as a minimum, the following conditions are imposed:
(a)The applicant shall provide a written certification that a copy of the application has been delivered to the governing body of the solid waste management area and that disposal of construction and demolition waste at the proposed site will not violate local land use regulations;
(b)Disposal shall only occur during daylight hours in accordance with a posted schedule that will allow inspection by local or state officials;
(c)The applicant shall erect on the site a sign clearly indicating that the site is permitted for disposal of construction and demolition debris only, and the operating hours shall appear on the sign along with the applicant's permit number;
(d)The cabinet shall establish a schedule for closing and covering the site, including provisions for intermediate cover when flammable waste is involved;
(e)Notwithstanding any other provision of law, the applicant shall not allow the disposal of tires in a waste disposal facility regulated by this section;[ and]
(f)The cabinet shall require the applicant to post a bond in the amount of ten thousand dollars ($10,000) to insure compliance with the conditions of the permit; and
(g)The applicant shall comply with the minimum construction and demolition debris diversion requirements established in the Uniform State Building Code under Section 2 of this Act.
(2)The cabinet may waive the requirement of subsection (1)(b) of this section, that the hours of operation shall be posted, and the requirements of subsection (1)(c) and (d) of this section, if the cabinet determines that the area of land to be affected, the limited duration of the disposal operation, or the materials to be disposed of do not require imposition of these standards to assure the safety of the public.
(3)This section shall not apply to beneficial reuse of industrial solid waste.
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BR110000.100 - 1100 - 3431Jacketed