Request By:
Mr. Emby A. McKeehan
Whitley County Attorney
Williamsburg, Kentucky 40769
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter presenting two questions to this office, the first of which asks whether the fiscal court of a county may pay the electrical inspection fees for its citizens.
The Supreme Court of Kentucky, in Fiscal Court, Etc. v. City of Louisville, Ky., 559 S.W.2d 478 (1977), concluded in part that if the General Assembly is to constitutionally vest powers of government in counties, through fiscal courts, it must do so by statutes expressly delegating such powers. "The thoughtful, purposeful and deliberate delegation of a known power is required of the General Assembly." KRS 67.080 deals with powers of the fiscal court and KRS 67.083 (the so-called county home rule statute) sets forth additional powers of fiscal courts.
We do not find any section in either of the above-mentioned statutory provisions which would authorize a fiscal court to expend public funds for the purpose you have mentioned. Furthermore, we are not aware of any other statutory provision which would support such an appropriation of public money by a fiscal court. In addition, Section 179 of the Kentucky Constitution provides in part that the General Assembly shall not authorize any county to appropriate money for, or to loan its credit to, any corporation, association or individual, except for the purposes of constructing or maintaining bridges, turnpike roads or gravel roads.
For your information and consideration we are enclosing copies of OAG 81-381 (a county cannot appropriate funds for a "Little League Baseball" program); OAG 79-129 (a county cannot expend its funds to pay for a trip by the high school band); OAG 78-122 (a county cannot donate funds to a private nonprofit corporation - a volunteer fire department), and OAG 80-303.
Thus, since the contemplated appropriation of county funds by the fiscal court is for the benefit of certain private citizens and not in support of an authorized county function or operation under the control and management of the fiscal court, such an appropriation, to pay electrical inspection fees of private persons, is not authorized by the statutes or the state's Constitution.
The second paragraph of your letter mentions KRS 227.480, specifically subsection (1) thereof, which states as follows:
"A city or county shall, when the uniform state building code as it pertains to the plan review responsibilities of local governments takes effect, require any person to obtain permits before commencing construction, alteration or repairs of any electrical wiring, and require such inspection as it deems necessary for the safety of life and property. A city or county may require such permits and inspections prior to the time when the uniform state building code local government plan review responsibilities take effect."
Your specific question is when does the Uniform State Building Code become effective.
KRS 198B.110 sets forth the schedule as to when the Kentucky Building Code becomes mandatorily effective on a county-wide basis in the various counties of Kentucky. Article 15 of the Code deals with "Electric Wiring and Equipment" and the National Electric Code is incorporated into the Kentucky Building Code. The Code became mandatorily effective in the counties of Boyd, Campbell, Daviess, Fayette, Franklin, Jefferson, Kenton, McCracken and Warren on February 15, 1980. Other Kentucky counties, including Whitley County, were covered effective August 15, 1981, and the remaining counties will be mandatorily covered effective August 15, 1982. Thus, the Kentucky Building Code became mandatorily effective in Whitley County on August 15, 1981.
In addition to the Kentucky Building Code itself, a copy of which can be obtained from the Kentucky Department of Housing, Buildings and Construction, The 127 Building, U.S. Highway 127 South, Frankfort, Kentucky 40601, you may also wish to examine the provisions of KRS Chapter 198B, "Housing, Buildings and Construction - Building Code. " Note particularly the provisions of KRS 198B.060 pertaining to local enforcement of the uniform building code. In addition, we suggest that you contact Mr. Chuck Cotton, Commissioner of the Department of Housing, Buildings and Construction (Telephone: Area Code 502 - 564-8044), for information, assistance and suggestions relative to the implementation of the Kentucky Building Code in Whitley County.