Request By:
Mr. Warren E. Southworth
State Electrical Inspection Supervisor
Department of Housing, Buildings and
Construction
State Fire Marshal's Office
U.S. Highway 127 South
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your memorandum concerning electrical inspections for single family dwellings located on farm property. You present the following fact situation and analysis:
"Chapter 198B.010 sets forth use of this chapter (unless otherwise provided). Paragraph 4 of this chapter deals with means of construction of any combination of materials whether portable or fixed which comprises a structure. Under the word 'building,' this section states that the word 'building' shall not mean a mobile home or farm dwelling. My interpretation of this paragraph exempts the construction requirements for a farm dwelling from the KBC unless it is required by a local ordinance as set forth in paragraph 5 of this section. Paragraph 6 of this chapter states 'nothing in this chapter shall be construed to exempt single family dwelling from this provision of the uniform state building code that relates to the NEC and state plumbing code. Since paragraph 4 does not address anything except the combination of materials to build a structure, paragraph 6 is very clear that a single family dwelling is not exempted from the NEC regardless of where it is located."
KRS 198B.010(4), (5) and (6) provide:
"(4) 'Building' means any combination of materials, whether portable or fixed, which comprises a structure affording facilities or shelter for any human occupancy, whether infrequent or regular. The word 'building' shall be construed wherever used herein as if followed by the words 'or part or parts thereof and all equipment therein' unless the context clearly requires a different meaning. 'Building' shall also mean swimming pools constructed below grade on site but not swimming pools assembled above grade on site. 'Building' shall not mean a mobile home, or a farm dwelling or other farm buildings and structures incident to the operation and maintenance of the farm if such farm structures are located outside the boundary of a municipality and are not used in the business of retail trade or used as a place of regular employment for ten (10) or more people or structures used in the storage or processing of timber products. This chapter shall not apply to any single family dwelling except those sold or constructed under a trade or brand name.
(5) Any city, county or urban-county government of the Commonwealth may extend, by ordinance, the application of this chapter to those single family dwellings exempted under subsection (4) of this section, but may not enforce any building code other than the uniform state building code on such dwellings.
(6) Nothing in this chapter shall be construed to exempt single family dwellings from those provisions of the uniform state building code that relate to the national electric code and the state plumbing code."
In connection with the uniform state building code, KRS 198B.050(1) provides in part that the Board of Housing, Buildings and Construction shall adopt and formulate a mandatory code which shall establish standards for the construction of all buildings as defined in KRS 198B.010. Under KRS 198B.010 (4) a farm dwelling is not a "building" for purposes of the uniform state building code. That same section also states that KRS Chapter 198B does not apply to any single family dwelling except those sold or constructed under a trade or brand name.
KRS 198B.010(6) provides that nothing in KRS Chapter 198B shall be construed to exempt single family dwellings from those provisions of the state building code that relate to the national electric code and the state plumbing code. If your theory is correct, that the national electric code applies to farm dwellings, then the terms "single family dwelling" and "farm dwelling" would have to be synonymous. We do not believe that such is the case. In dealing with the applicability of the national electric code and the state plumbing code, KRS 198B.010(6) specifically refers to "single family dwellings" and no mention is made of "farm dwellings" which are not "buildings" for purposes of the uniform state building code (KRS 198B.010(4)).
While there is no KRS Chapter other than KRS Chapter 198B dealing specifically with an electric code, there is Chapter 318 dealing with Plumbing and the Plumbing Code. KRS 318.010 (8) defines a "farmstead, " which in part means a farm dwelling, and KRS 318.015(3) provides that the State Plumbing Code shall not apply to farmsteads. Thus, farm dwellings are not treated the same as other dwellings.
KRS Chapter 198B, dealing with the state uniform building code, does not intend to treat farm dwellings the same as single family dwellings because it refers to both types separately. Those terms are not synonymous for purposes of the application of sections of the uniform state building code. The uniform state building code, as it relates to the national electric code and the state plumbing code, applies to single family dwellings. However, farm dwellings are not "buildings" for purposes of the uniform state building code and not subject to the national electric code and the state plumbing code for purposes of KRS Chapter 198B.
This is not to say that farm dwellings are not subject to any regulations relative to the installation of electrical systems. This office has been advised that electric utilities subject to the jurisdiction of the Public Service Commission, pursuant to their authority to enact rules, require farm dwellings to adhere to the requirements of the National Electric Code before such dwellings will be hooked up to receive electric service from those electric utilities.