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Louisville City Zoning Code

CHAPTER 150

BUILDING REGULATIONS

§ 150.001 KENTUCKY BUILDING CODE AND KENTUCKY RESIDENTIAL CODE ADOPTED BY REFERENCE.

   (A)   The Kentucky Building Code, as promulgated in 815 KAR 7:120, and the Kentucky Residential Code, as promulgated in 815 KAR 7:125, by the Board of Housing, Buildings and Construction, Commonwealth of Kentucky, are hereby adopted in full as an ordinance of the Metro Government as if set out at length herein.
   (B)   A copy of the Kentucky Building Code and the Kentucky Residential Code are on file in the Office of the Jefferson County Clerk, and the Clerk shall at all times keep copies of said building and residential codes for reference.
   (C)   An attested copy of this subchapter shall be transmitted to the Department of Housing, Buildings, and Construction of the Commonwealth of Kentucky.
   (D)   In accordance with the Kentucky Building and Residential Codes, the Mayor shall appoint an appeals board, consisting of at least five technically qualified persons with professional experience related to the building industry to hear appeals of the decisions of local code officials. The Board of Appeals shall follow the appeals procedures for local boards of appeal, as set forth in the Kentucky Building and Residential Codes.
(1994 Jeff. Code, § 150.001) (Jeff. Ord. 2-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 125-2004, approved 8-30-2004; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.002 LOCAL ENFORCEMENT AGENCY.

   The Department of Code and Regulations shall be designated local enforcement agency for the Kentucky Building and Residential Codes.
(1994 Jeff. Code, § 150.002) (Jeff. Ord. 2-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 125-2004, approved 8-30-2004; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.003 APPLICATION OF BUILDING AND RESIDENTIAL CODES.

   (A)   All current ordinances or parts of current ordinances in conflict with this chapter are to the extent of such conflict, hereby repealed.
   (B)   This chapter shall apply to all of Louisville Metro, including those incorporated cities within Louisville Metro that have not adopted the Kentucky Building and Residential Codes and who do not maintain a Department of Building Inspection program in accordance with Kentucky Revised Statutes and Kentucky Administrative Regulations and with the contractual approval of the Commonwealth of Kentucky Department of Housing, Building and Construction.
(1994 Jeff. Code, § 150.003) (Jeff. Ord. 2-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 125-2004, approved 8-30-2004; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.004 CODE OFFICIAL: DUTIES AND POWERS.

   (A)   General. The Code Official shall enforce the provisions of this chapter. The Code Official shall have the authority to appoint a Deputy Code Official, other related technical offices, inspectors and other employees.
   (B)   Rule-making authority. The Code Official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this chapter; to secure the intent thereof; and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.
   (C)   Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
   (D)   Right of entry. The Code Official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to pursue recourse as provided by law.
   (E)   Authority to disconnect service utilities. The Code Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this subchapter, the building code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property.
   (F)   Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
   (G)   Citations, notices and orders. The Code Official shall issue all necessary citations, notices or orders to ensure compliance with this chapter.
   (H)   Department records. An official record shall be kept of all business and activities of the department specified in the provisions of this chapter; and all such records shall be open to public inspection in accordance with the Kentucky Open Records Act, and under reasonable regulations established by the Code Official to maintain the integrity and security of such records.
   (I)   Coordination of inspections. Whenever in the enforcement of this chapter or another code or ordinance, the responsibility of more than one Code Official of the jurisdiction is involved, it shall be the duty of the Code Official involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspector’s authority to enforce, the inspector shall report the findings to the Code Official having jurisdiction.
   (J)   Restriction of employees. An official or employee connected with the enforcement of this chapter, except one whose only connection is that of a member of the Board of Appeals, established under the provisions of § 150.001(D), or the Code Enforcement Board, as set forth in §§ 32.275 et seq., as the case may be, shall not be engaged in, or directly connected with, the furnishing of labor, materials or appliances for the construction, alteration, or maintenance of a building, or the preparation of construction documents thereof, for personal gain unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)

§ 150.005 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CODE. The Kentucky Building and Residential Codes and referenced codes and standards.
   CODE OFFICIAL. The Director of the Department of Codes and Regulations or any authorized designee. The term CODE OFFICIAL shall also be synonymous with the terms Building Official and Inspector as used herein.
   CONTRACTOR and LICENSEE. Any person, firm, partnership or corporation identified or possessing a license issued in accordance with this chapter.
   DEPARTMENT. The Department of Codes and Regulations.
   DIRECTOR. The Director of the Department of Codes and Regulations.
   ELECTRICAL MINOR REPAIR WORK. Work such as replacing snap switches, replacing fuses, lamp sockets and receptacles.
   ELECTRICAL WORK. Pertains to the installation, alteration or repair of electrical wires and conduits for the purpose of transmitting electricity, and the fixtures and equipment in connection therewith.
   HVAC. Heating, ventilation and air conditioning.
   IDENTIFIED. A contractor, identified in this chapter, who has provided the Department with the necessary documents and/or proof to be officially listed as the same.
   INSPECTOR. Persons employed or contracted by the Department to perform inspections of properties and work under the jurisdiction of this chapter to insure compliance with the same.
   LICENSED. A contractor who has provided the Department proof that he or she has passed the required written examination and has all the other listed prerequisites for the particular profession as required by this chapter.
   LOUISVILLE METRO. The geographic boundaries of Jefferson County, Kentucky.
   LOUISVILLE METRO GOVERNMENT. A consolidated local government as provided by KRS, Chapter 67C, which governs Louisville Metro.
   PERMIT. The document issued by Department of Codes and Regulations that allows the applicant to proceed with the proposed work.
   RESIDENTIAL BUILDING OR STRUCTURE. A building or structure used, in whole or in part, primarily for residential purposes.
   RESIDENTIAL OCCUPANTS. Persons who occupy or use a building, or part thereof, primarily for residential purposes.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007; Lou. Metro Am. Ord. No. 235-2024, approved 1-9-2025)

§ 150.006 WRECKING.

   (A)   Permit required. Any owner or authorized agent who intends to demolish or remove a building or structure, or to cause any such work to be done, shall first make application to the Department and obtain the all required permits. No property owner wrecking permit shall be issued until and unless the building or structure sought to be wrecked has been inspected by the code official and it has been determined that the wrecking of the building or structure can be safely and properly undertaken by such owner.
   (B)   Notice of intent.
      (1)   Before a non-residential building or structure can be demolished or removed, the permit holder or their agent shall notify in writing the owners of each potentially affected adjoining lot, building or structure at least one week prior to the commencement of the work. The notice shall request license to enter, if necessary the potentially affected lot, building or structure prior to the commencement of work and at reasonable intervals during its prosecution to inspect and preserve it from any damage which might result from the intended work.
      (2)   Before a residential building or structure occupied by anyone other than the owner and their family can be demolished or removed, the permit holder or their agent shall notify in writing the residential occupants of the building or structure set to be demolished or removed, or any other potentially affected residential property at least three months prior to the commencement of the work. The notice shall include: (a) the estimated date of demolition, which shall not be before the expiration of the three months' notice required by this ordinance except in case of emergency, (b) available case management and relocation support services, and (c) contact information for the permit holder or their agent. Notice must be hand delivered to the affected occupant or posted to the entrance of their residence with a courtesy copy sent by first class mail. If the residential building or structure, or multiple residential buildings or structures located on the same property, proposed to be demolished is comprised of more than ten housing units, notice can be posted in a common area readily accessible by all occupants (or common areas, if multiple residential buildings or structures, at least one per building or structure).
      (3)   If afforded the necessary license to enter the adjoining lot, building or structure, the permit holder or their agent causing the demolition or excavation to be made shall at all times and at their expense preserve and protect lot, building or structure from damage or injury. If the necessary license is not afforded, it shall be the duty of the owner of the adjoining lot, building or structure to make safe their own property, for the prosecution of which said owner shall be granted the necessary license to enter the premises of the demolition or excavation.
   (C)   Removal of utilities. Before a building or structure can be demolished or removed, the owner or agent shall notify all utilities having service connections to the structure such as water, electric, gas, sewer, telephone and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities stating that their service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in accordance to their laws and regulations.
   (D)   Wrecking operations. The demolition or removal, of any building or structure shall be executed only by the person, partnership, firm, or corporation to whom the permit has been issued, and no person, partnership, firm, or corporation shall conduct wrecking operations under a wrecking permit issued to some other person, partnership, firm, or corporation.
      (1)   After obtaining the permit from the Department, as well as securing the permission of the Department of Public Works and Assets or any other Metro/state department/agency required for the occupancy of any public property or right of way, the permit holder or their agent shall proceed to erect all required protections and shall notify the Department to inspect the protections before proceeding with the wrecking operations.
      (2)   The wrecking company or person who secures the permit for the demolition of the structure will be held responsible for compliance with all applicable regulations laws.
      (3)   The methods used in wrecking shall not create hazards to the public or unnecessary danger to the workers and shall be in accordance with OSHA and all other industry accepted practices. The wrecking company or person who secures the permit for the demolition of a structure shall be responsible for repairing and making safe any utility service damaged during wrecking operations.
      (4)   When required by the Department in individual cases, detailed plans and proposed procedures for the demolition of the structure shall be submitted with the application for approval.
      (5)   Suitable provision shall be made for the disposal of materials which are accumulated during the wrecking operations. All putrescible rubbish, debris and excess materials shall be removed from the site and legally disposed of before any basement, cellar, cistern, privy, well or other hole can be filled. Foundations must be removed to below grade level unless otherwise authorized by the Department. No part of the structure shall be overloaded by excessive storage of materials or debris so as to cause possible collapse. Chutes, scaffolds, derricks, and hoists must be suitable and safe for use. All materials, debris and rubbish generated during the wrecking operations and removal of the same shall be controlled to prevent the creation of air pollution.
      (6)   No open fires or other source of flame, except necessary cutting torches will be permitted on the wrecking site, nor in close proximity to flammable materials outside of the site, and every precaution shall be taken to prevent the possibility of fire.
      (7)   When a structure involving a party wall is demolished, the owner of the demolished structure shall at their own expense close all open beam holes and maintain the safety and usefulness of the standing wall to current code requirements for the same.
      (8)   When the demolition of an existing building is of greater height than adjoining buildings, the roof, roof outlets, and roof structures of adjoining buildings shall be protected against damage with adequate safeguards.
      (9)   Blasting and the use of explosives shall be done only by a company or person licensed and permitted by the Commonwealth of Kentucky Bureau of Mines to perform such work.
      (10)   All basements, cellars, cisterns, privies, wells and holes shall be removed or broken up so as to allow for drainage of the site and be properly filled to a depth of 24 inches below the existing grade with approved non-combustible and non-putrescible materials. Fill material shall then be placed in one-foot depth horizontal layers with each layer compacted. The last two-foot layer of fill material shall be free of all debris, waste, brick, stone, or any other similar materials. Existing drainage patterns shall be maintained so as to not cause additional surface water run-off to adjacent properties or standing water. Foundations shall be broken up unless specifications stating otherwise are approved by the Code Official.
      (11)   The wrecking permit holder or the agent shall be responsible for notifying the appropriate Fire Department/or District before removal of standpipes, sprinklers, or fire protection systems and associated water service.
      (12)   The wrecking permit holder or the agent shall notify in writing the Department the location of the sites on which they will be disposing of all materials, rubbish, debris associated with the wrecking operations and the removal of the structure(s).
      (13)   The requirements of this section are designated as a minimum necessary for average conditions and in the case of unusual or dangerous situations, adequate provision shall be made and every precaution taken to protect the safety of the public and workers and adjoining properties.
      (14)   If during the wrecking of the building or structure it appears to the Code Official that the provisions of this section or the permit are not being complied with or that proper safety precautions are not being taken or that there is a threat to the health or safety of persons or property, the Code Official may immediately issue an order to cease all wrecking operations. This order shall be effective immediately and shall be complied with by wrecking permit holder and their representatives. This order may be appealed to the Director of the Department within ten days of its issuance.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007; Lou. Metro Am. Ord. No. 235-2024, approved 1-9-2025)

§ 150.007 PARKING LOTS.

   (A)   It shall be unlawful to construct a parking lot, or to increase the size of an existing parking lot without first filing an application with the Department and obtaining the required permit.
   (B)   A permit for construction or alteration of a parking lot shall not be issued until construction plans have been approved insuring compliance with the Land Development Code and other applicable federal, state and local laws and regulations.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)

§ 150.008 ELEVATORS.

   (A)   Permits and installation.
      (1)   All passenger elevators, moving sidewalks, wheelchair lifts, stairway chair lifts and escalators shall be permitted and inspected by the Commonwealth of Kentucky unless delegated to Louisville-Jefferson Country Metro Government by the Commonwealth of Kentucky.
      (2)   Freight elevators. All freight elevators shall be maintained in a safe working manner and be inspected annually by a certified elevator company to insure safe operation. Copies of annual inspection reports shall be kept on site and available for review by the fire department and Commonwealth of Kentucky or designee elevator inspectors.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)

§ 150.009 SIGNS.

   (A)   Permit required. Any owner or authorized agent who intends to build, erect or install a sign, or to cause any such work to be done on a sign, shall first make application to the Department and obtain the required permit.
   (B)   Permit expiration. All sign permits will expire in 180 days from the date of issuance.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)

§ 150.010 AGENCY REVIEW OF CONSTRUCTION PLANS.

   (A)   When beginning the process of examining construction documents pursuant to Section 107.3 of the Kentucky Building Code or Section R106.3 of the Kentucky Residential Code, the Code Official assigned to the matter shall:
      (1)   Notify the member of the Legislative Council of the Louisville/Jefferson County Metro Government district in which the project is proposed to be constructed; and
      (2)   Identify whether any such documents have previously received approvals from Louisville Metro agencies; and
      (3)   Notify the fire authority having jurisdiction over the location.
   (B)   If the Code Official, applicant, and/or another agency causes any documents to change from their previous round of approvals, the agencies which previously granted their approval shall be notified and given five regular business days to review such changes and make comments.
      (1)   If an agency raises an issue with the proposed changes within those five business days, the plan may not receive final approval from the Code Official until those issues are addressed.
      (2)   If those five business days lapse without any issues being raised, the Code Official may proceed with the regular construction document approval process.
      (3)   The Code Official may, at the request of an agency or at the Code Official's own discretion, extend the five business day period up to five additional business days.
(Lou. Metro Ord. No. 75-2020, passed 6-25-2020)

§ 150.020 TITLE AND PURPOSE.

   The purpose of this subchapter is to safeguard life, health, property and public welfare by providing minimum standards for the installation of heating, air conditioning, refrigeration and other related and similar equipment.
(1994 Jeff. Code, § 150.020) (Jeff. Ord. 4-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.022 APPLICATION AND EXEMPT PERSONS.

   The provisions of this subchapter shall apply to the installation, repair and maintenance of all heating, air conditioning and refrigeration equipment located within Louisville Metro including equipment or apparatus located in private plants, provided, however, other incorporated cities located within Louisville Metro which maintain their own heating, air conditioning and refrigeration permitting and inspections programs are exempt from this subchapter.
(1994 Jeff. Code, § 150.022) (Jeff. Ord. 4-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.024 HVAC AND REFRIGERATION PERMITS.

   (A)   A permit must be obtained from the Department prior to any heating, air conditioning or refrigeration installation or the repair or alteration of an existing system. The permits shall be valid only for the location set forth in the application.
   (B)   Application for heating, air conditioning or refrigeration permits shall be made by an identified contractor of the appropriate class and shall state the names of owners, the location of the property upon which the work is to be performed and the estimated full extent of work to be performed. The Department may require that a full set of plans accompany the permit application. The plans shall be drawn in sufficient detail to show full compliance with the code.
   (C)   An HVAC permit may be obtained by the owner of a single-family residence. The permit applicant must own the property and live or intend to live at the location on a full-time basis. However, they shall be required to complete the home owner HVAC application affidavit and permit application forms and obtain a permit for the work to be performed prior to initiating the work.
   (D)   Any permit shall be void where work covered by such permit is not commenced within 180 days of the date of issuance or stopped for a period exceeding 180 days.
(1994 Jeff. Code, § 150.024) (Jeff. Ord. 4-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.025 HVAC INSPECTIONS.

   (A)   The inspector shall at a minimum be notified by any person, firm, or corporation installing any new HVAC, first when rough-in work is complete and, second, when the entire job is complete. The inspector, upon receipt of such notice, shall inspect the work and if the work conforms with the provisions of the code, the inspector shall post a notice of approval at or near the work.
   (B)   No HVAC system or part thereof shall be covered or concealed until approved by the inspector. Should the inspector condemn any of the work not being in compliance with the code, notice of same shall be given to the person, firm, or corporation engaged in the installation of the work.
   (C)   Within 15 days after such notification or within such further reasonable time approved by the code official, the work shall be altered or removed, as the case may require to fully comply with the code.
   (D)   The inspector is hereby empowered to re-inspect all existing HVAC appliances, devices, and equipment within the scope of the code. When the installation of any such appliances, devices and equipment is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using, or operating the same shall be notified and shall make the necessary repairs or changes required to place such appliances, devices and equipment in a safe condition. Such work must be completed within 15 days or within the timeframe established by the inspector to protect the public.
   (E)   The inspector is hereby empowered to disconnect or order the discontinuance of HVAC appliance or equipment found to be in a dangerous or unsafe condition or to have been installed without a permit or not in compliance with the code. The inspector shall attach thereto a notice stating the reasons for such action and it shall be unlawful for any person to remove said notice or to reconnect such appliance or equipment until the same is placed in a safe and secure condition and approved by the inspector.
(1994 Jeff. Code, § 150.025) (Jeff. Ord. 4-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.040 TITLE AND PURPOSE.

   The object of this subchapter is to reduce hazards from electrical causes by providing minimum standards for electrical installation in Louisville Metro.
(1994 Jeff. Code, § 150.040) (Jeff. Ord. 3-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 158-2007, approved 8-13-2007; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.042 APPLICATION.

   The provisions of this subchapter shall apply to all electrical installations and equipment located within Louisville Metro including wiring or apparatus powered by private plants, unless the electrical installation is exempted as referenced in the Kentucky Building/Residential Codes, KRS Chapter 227 or KRS Chapter 227A or within this subchapter.
   (A)   Installation of public utility made pursuant to the generation or distribution of said utility.
   (B)   Installation of low voltage communication transmitting equipment for the operation of the Metro Government radio, fire, EMS, and police dispatch systems.
   (C)   Other incorporated cities within Louisville Metro and which maintain their own electrical inspection division.
(1994 Jeff. Code, § 150.042) (Jeff. Ord. 3-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 158-2007, approved 8-13-2007; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.045 ELECTRICAL PERMITS.

   (A)   Prior to the performance of any electrical work, a permit must be obtained from the Department as required by the Kentucky Building/Residential Codes and KRS Chapter 227.
   (B)   Applications for electrical permits shall state the names of the owners and contractor name and their state license number, who is to perform the work, and the location where the work is to be performed and provide a full description extent of the work to be done. Applications for permits must be signed by a Commonwealth of Kentucky licensed electrical contractor.
   (C)   Any person applying for a permit to make an electrical installation on single-family property owned by the applicant shall not be required to have their application signed by a Commonwealth of Kentucky licensed electrical contractor. The permit applicant must own the property and live or intend to live at the location on a full-time basis. However, they shall be required to complete the home owner electrical application affidavit and permit application forms and obtain a permit prior to initiating any work.
   (D)   An electrical permit shall be valid only for the location stated in the application.
   (E)   The Department may require a full set of plans and specifications for any proposed electrical work before a permit is issued.
   (F)   During festivals, conventions, carnivals, or similar occasions of a temporary nature, special permits shall be requested and may be granted by the Department for the installation of an approved system of lighting or as a source of electrical energy to power equipment and electrical rides. Such permits shall be issued for a period of not more than 30 days and may be renewed only at the discretion of the Department.
   (G)   A permit for temporary electrical current for a period of 90 days may be granted by the Department where an urgent necessity is shown to exist and where no danger will result. The permit requests must be in writing by a Commonwealth of Kentucky licensed electrical contractor.
   (H)   Any permit shall be void where work covered by such permit is not commenced within 180 days of the date of issuance or stopped for a period exceeding 180 days.
(1994 Jeff. Code, § 150.045) (Jeff. Ord. 3-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 158-2007, approved 8-13-2007; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.046 ELECTRICAL INSPECTIONS.

   (A)   The inspector shall at a minimum be notified by any person, firm, or corporation installing any new electrical work, first when rough-in work is complete and, second, when the entire job is complete. The inspector, upon receipt of such notice, shall inspect the work and if the work conforms with the provisions of the code, the inspector shall post a notice of approval at or near the work.
   (B)   No electrical wiring shall be covered or concealed until approved by the inspector. Should the inspector condemn any of the work for not being in compliance with the code, notice in writing shall be given to the person, firm, or corporation engaged in the installation of the work.
   (C)   Within 15 days after such notification or within such further reasonable time approved by the Code Official, the work shall be altered or removed, as the case may require to fully comply with the code.
   (D)   The inspector is hereby empowered to re-inspect all existing wiring, appliances, devices, and equipment coming within the scope of the code. When the installation of any such wiring, appliances, devices and equipment is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using, or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, appliances, devices and equipment in a safe condition. Such work must be completed within 15 days or within the time frame established by the inspector to protect the public. In addition, a penalty may be assessed pursuant to § 150.999(B) if the inspector finds that the electrical work is in violation of the National Electrical Code, without a permit or is in an imminent danger to life or property, as set forth in § 150.047.
   (E)   The inspector is hereby empowered to disconnect or order the discontinuance of electrical service to such conductors or apparatus found to be in a dangerous or unsafe condition or to have been installed without a permit or not in compliance with the code. The inspector shall attach thereto a notice stating the reasons for such action and it shall be unlawful for any person to remove said notice or to reconnect such conductors or apparatus until the same is placed in a safe and secure condition and approved by the inspector.
(1994 Jeff. Code, § 150.046) (Jeff. Ord. 3-1980, adopted and effective 2-12-1980; Lou. Metro Am. Ord. No. 158-2007, approved 8-13-2007; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.047 ELECTRICAL WORK PERFORMED WHERE IMMINENT DANGER TO LIFE OR PROPERTY EXISTS.

   (A)   In accordance with KRS 227.450 to 227.500, if in the judgment of an inspector, imminent danger to life or property exists, an inspector may issue a stop-work order regarding any electrical work at an inspection site and/or issue a citation in an amount as set forth in § 150.999(B) herein. For purposes of this subsection, failure to obtain a permit in accordance with § 150.045 prior to the performance of any electrical work shall be deemed to be an imminent danger to life or property.
   (B)   The findings of the inspector under subsection (A) of this section shall be presumed to be correct until Metro Government, the Commonwealth of Kentucky Office of Housing and Building Construction, or the party affected by the findings demonstrates that it is more likely than not that the inspector was incorrect in his or her findings.
(Lou. Metro Ord. No. 158-2007, approved 8-13-2007; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.080 TITLE.

   This subchapter may be cited as “Louisville/Jefferson County Building Construction Identification, Licensing, Permits and Fees.”
(1994 Jeff. Code, § 150.080) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.083 GENERAL REQUIREMENTS FOR IDENTIFICATION AND LICENSES.

   (A)   In order to safeguard life, health and property, any person, firm, partnership or corporation practicing or offering to practice the following types of work or to contract that work in Louisville Metro, shall hereafter be required to be licensed/identified with Louisville Metro, and it shall be unlawful for any person, firm, partnership or corporation to practice or offer to practice that type of work in Louisville Metro unless such person, firm, partnership or corporation has been duly licensed/identified under the provisions of this chapter. No person, firm, partnership or corporation shall obtain a permit unless they are an identified or licensed contractor or property owner.
   (B)   No license or identification granted under the provisions of this subchapter may be assigned or transferred.
   (C)   All identified/licensed contractors shall notify the Department within five working days if the person, firm, partnership or corporation changes ownership or changes the business name or address. All licensees shall notify the Department within five working days if the licensee changes contractors.
   (D)   Any identification/license may be revoked or suspended for the following causes:
      (1)   Submission of a false affidavit or information in connection with the license, identification or permit application.
      (2)   Failure to comply with this subchapter within 15 days after having received written notice of such violations from the Department.
      (3)   Failure to obtain permits in advance of work to be performed when such permits are required by code.
      (4)   Failure to correct any code deficiency in any work within the time specified in the notification of such code deficiency or within such additional time as may be allowed upon request to the Department.
      (5)   Failure to purchase and maintain insurance or bonds as required by this subchapter with an insurance company licensed or approved to do business in Kentucky.
      (6)    Repeated failure to schedule required inspections or to notify the Department when permitted work is completed.
   (E)   When the identification/license of any licensee is revoked, such licensee shall be required to submit an application for approval and pass the required examination, if required, before a new identification/license shall be issued.
   (F)   Payment of license or identification fees as described in the fee section of this subchapter shall be made prior to issuing any license or identification.
   (G)   Before a permit may be issued, all contractors are required by this section to do the following:
      (1)   Provide the Department through affidavit that the person, firm, partnership or corporation shall be in compliance with the Kentucky requirements for Workers' Compensation Insurance according to KRS Chapter 342 and Unemployment Insurance according to KRS Chapter 341, unless a certificate of insurance for a specific amount of coverage is required in detail under the type of identification/license that the contractor has obtained;
      (2)   Submit a certificate of insurance verifying that the person, firm, partnership, or corporation has obtained a commercial general liability insurance policy with limits of liability of not less than $250,000 per person per occurrence and $500,000 aggregate, including products and completed operations coverage;
      (3)   Have their workers' compensation and commercial general liability insurance policies endorsed to state that written notice of the company's intention to terminate or cancel said policy will be sent by their insurance company to the Department at least 30 days before the cancellation shall take effect, as required by KRS 304.20 - 304.320. Upon the date of expiration, the Code Official shall cause the affected contractor's identification/license to become suspended until such time as satisfactory evidence of a new insurance policy is presented to the Department;
      (4)   Provide a surety bond, if required by this section, that shall require that its surety company notify the Department in writing of its intention to terminate or cancel such bond at least 30 days before the cancellation shall take effect. Upon the date of expiration, the Code Official shall cause the affected contractor's identification to become suspended until such time as evidence of a new bond is presented to the Department;
      (5)   Properly identify all vehicles used in the operations of the contractor listing the name of the company and any required license and or identification numbers;
   (H)   Any licensee or identified building contractor who is seeking a renewal of their identification/license must provide the name, current business address, email address (if available), current telephone number for any direct construction trade/labor subcontractor who worked under, or for, the licensee or identified building contractor in the previous year and whether such subcontractor represented he or she had general liability insurance, provided licensee or identified building contractor shall not be liable for a misrepresentation by the subcontractor to any information provided herein in subsection (H).
   (I)   Any licensee or identified building contractor who has not renewed their identification/license within a period of one year after it expired shall be subject to reexamination, as determined by the Code Official, and pay the required license fee for the years for which the identification/license was not renewed and any associated penalties and continuing educational units required.
   (J)   A royal blue placard, issued or approved by the Department upon issuance of a building permit for construction activity for everything, other than for construction of a new building in excess of 800 square feet, must be placed on the exterior of the construction site and clearly visible from the public right-of-way. The placard must be removed within seven business days upon completion of final inspection and approval by Codes and Regulations.
(1994 Jeff. Code, § 150.083) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007; Lou. Metro Am. Ord. No. 29-2019, approved 3-14-2019, effective 7-1-2019) Penalty, see § 150.999

§ 150.084 GENERAL BUILDING CONTRACTORS IDENTIFICATION REQUIREMENTS.

   (A)   There shall be two types of building contractors identification defined as follows:
      (1)   Type “A” building contractor identification shall be for building contractors.
      (2)   Type “B” building contractors limited identification are for building contractors seeking to obtain one building permit. With a Type “B” identification the building contractor may only obtain one building permit.
   (B)   Identification terms shall be from January 1 to December 31.
   (C)   Type “B” building contractor identification shall be made available as needed and as approved.
   (D)   Any building contractor who intends to obtain a permit or permits to construct one or two family residential or multi-family residential buildings shall annually and successfully complete six hours of accredited continuing education credits on subject matter relevant to such types of construction. All such continuing education programs or seminars that are not sponsored by the Department but are developed by a building contractor(s) or a professional association must apply for and receive prior accreditation from the Department. If a building contractor fails to obtain the necessary accredited continuing education credits as required by this subsection (D), within the requisite identification period, as set forth in subsection (B), then one extension of 30 days may be granted to obtain such continuing accredited education credits by the Director or his or her designee. In order to receive consideration for an extension, an affected contractor must submit to the Director in writing a request for such an extension, list the reason(s) for his or her failure to obtain the necessary accredited continuing education credits and demonstrate how he or she intends to obtain such credits within the 30-day extension period, if granted. This written request must be accompanied with a $50 administrative fee made payable to the Department.
   (E)   No building identification will be renewed without full compliance with subsection (D), above.
(1994 Jeff. Code, § 150.084) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Jeff. Am. Ord. 21-1997, adopted 8-26-1997, effective 18 months later; Lou. Metro Am. Ord. No. 2-2005, approved 2-14-2005; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.085 PLUMBING CONTRACTOR; IDENTIFICATION REQUIREMENTS.

   (A)   Any person, firm, partnership, or corporation engaged in the business of installation or repair of plumbing systems or equipment shall be identified with the Department.
   (B)   Each identified plumbing contractor shall have and maintain a Commonwealth of Kentucky Master Plumber License.
   (C)   A plumbing contractor identification shall be valid from March 1 through February 29 the following year.
(Lou. Metro Ord. No. 267-2007, approved 12-10-2007)

§ 150.086 HVAC CONTRACTOR; IDENTIFICATION AND LICENSE REQUIREMENTS.

   (A)   Any person, firm, partnership, or corporation engaged in the installation, alteration or maintenance of HVAC appliances and equipment shall be identified with the Louisville/Jefferson County Metro Government as outlined in this section.
   (B)   Each identified HVAC contractor shall have and maintain a Commonwealth of Kentucky Master HVAC Contractor License.
   (C)   All licensed vehicles used in the operation of a HVAC contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (D)   Identification shall be from March 1 to February 28.
   (E)   An identified HVAC contractor shall be deemed identified as a manufactured fireplace appliance contractor, a range-hood contractor, and a mechanical refrigeration contractor.
(1994 Jeff. Code, § 150.086) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.087 MANUFACTURED FIREPLACE APPLIANCE CONTRACTOR IDENTIFICATION REQUIREMENTS.

   (A)   Any person, firm, partnership or corporation engaged in the installation or repair of manufactured fireplace appliances shall be identified.
   (B)   All licensed vehicles used in the operation of a manufactured fireplace appliance contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   Identification shall be from March 1 to February 29.
(1994 Jeff. Code, § 150.087) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.088 RANGE-HOOD CONTRACTOR IDENTIFICATION REQUIREMENTS.

   (Excludes domestic residential range-hoods)
   (A)   Any person, firm, partnership or corporation engaged in the installation or repair of range-hoods exhaust systems shall be identified.
   (B)   All licensed vehicles used in the operation of a range-hood contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   Identification shall be from March 1 to February 29.
(1994 Jeff. Code, § 150.088) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.089 COMMERCIAL REFRIGERATION APPLIANCE CONTRACTOR IDENTIFICATION REQUIREMENTS.

   (A)   Any person, firm, partnership or corporation engaged in the installation or repair of commercial refrigeration equipment or systems shall be identified.
   (B)   All licensed vehicles used in the operation of a refrigeration appliance contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   Identification shall be from March 1 to February 29.
(1994 Jeff. Code, § 150.089) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.090 FIRE DETECTION CONTRACTORS IDENTIFICATION REQUIREMENTS.

   (A)   Any person, firm, partnership, or corporation engaged in the installation or repairing of central-station or interconnected fire detection equipment or systems shall be identified. (This shall exclude systems confined to one living quarter.)
   (B)   All licensed vehicles used in the operation of a fire detection contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   Identification shall be from May 1 to April 30.
(1994 Jeff. Code, § 150.090) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.091

   (A)   Any person, firm, partnership or corporation engaged in the installation or repair of fire suppression equipment or systems shall be identified.
   (B)   Each applicant must furnish the Department with a copy of their current Commonwealth of Kentucky Suppression Contractors license.
   (C)   Exemption: Any application for a sprinkler system with ten or less sprinklers on a domestic water system shall not require an identified contractor.
   (D)   All licensed vehicles used in the operation of a fire suppression contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (E)   Identification shall be from May 1 to April 30.
(1994 Jeff. Code, § 150.091) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.092 MOVING CONTRACTOR IDENTIFICATION REQUIREMENTS.

   (A)   Any person, firm, partnership or corporation engaged in the moving of buildings or structures shall be identified.
   (B)   All licensed vehicles used in the operation of a moving contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   Identification shall be from May 1 to April 30.
(1994 Jeff. Code, § 150.092) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.093 SIGN CONTRACTOR IDENTIFICATION REQUIREMENTS.

   (A)   Any person, firm, partnership or corporation engaged in the for-profit installation or repairing of signs or outdoor advertising as defined in the Louisville/Jefferson County Land Development Code shall be identified.
   (B)   All licensed vehicles used in the operation of a sign contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   Identification shall be from May 1 to April 30.
(1994 Jeff. Code, § 150.094) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.094 WRECKING CONTRACTOR IDENTIFICATION AND LICENSE REQUIREMENTS.

   (A)   Each identified wrecking contractor must have a wrecking licensee as a full time employee.
   (B)   All licensed vehicles used in the operation of a wrecking contractor are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The licensed vehicle shall bear the name of the company and identification number. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
   (C)   There shall be two types of wrecking contractors.
      (1)   Type “A” identification shall be for contractors wrecking structures less than 35 feet in height, or two stories, and/or less than 3,000 square feet.
      (2)   Type “B” identification shall be for contractors wrecking structures that do not meet the requirements of type “A” listed above.
   (D)   Each identified wrecking contractor shall provide a bond as follows:
      (1)   Any person, firm, partnership or corporation applying for a type “A” wrecking contractor identification shall, before being granted an identification number, execute and deliver to the Director a bond in the minimum sum of $10,000 payable to Louisville Metro Government; such bond should be made for work performed where said wrecking contractor furnishes any materials or performs any service against loss or damage which may arise by reason of the work done or material furnished in violation of the requirements of any law of the State of Kentucky or any ordinance of the Louisville Metro Government controlling such work. Such bond shall be executed by each applicant with any recognized and responsible surety company authorized to do business in the Commonwealth of Kentucky as surety thereon using the form available from the Department, which requires that if any work is performed in violation of the provisions of the code the principal and surety upon such bonds are jointly and severally liable to Louisville Metro Government for the amount necessary to correct such work to conform fully with the provisions of the code. Provided, however, such surety company may cancel said bond upon giving 30 days written notice to the Department.
      (2)   Any person, firm, partnership or corporation applying for a type “B” wrecking contractor identification shall, before being granted an identification number, execute and deliver to the Director a bond in the minimum sum of $25,000 payable to Louisville Metro Government; such bond should be made for work performed where said wrecking contractor furnishes any materials or performs any service against loss or damage which may arise by reason of the work done or material furnished in violation of the requirements of any law of the Commonwealth of Kentucky or any ordinance of the Louisville Metro Government controlling such work. Such bond shall be executed by each applicant with any recognized and responsible surety company authorized to do business in the Commonwealth of Kentucky as surety thereon using the form available from the Department, which requires that if any work is performed in violation of the provisions of this code the principal and surety upon such bonds are jointly and severally liable to Louisville Metro Government for the amount necessary to correct such work to conform fully with the provisions of the code. Provided, however, such surety company may cancel said bond upon giving 30 days written notice to the Department.
   (E)   The identified wrecking contractor shall also file with the Department a certificate of insurance verifying that the identified contractor has currently in force a comprehensive general liability and property damage insurance policy naming the identified contractor and Louisville Metro Government as the insured, and providing for the payment of any liability imposed by law on such identified contractor and/or Louisville Metro Government to the following minimum requirements:
      (1)   Type “A” identified contractors shall be insured for not less than $300,000 for any one occurrence and $600,000 aggregate for bodily injury and property damage including completed operations coverage, due to the wrecking of buildings or other structures. Such policy shall not contain a ball and chain or similar exclusion.
      (2)   Type “B” identified contractors shall be insured for not less than $1,000,000 for any one occurrence and $2,000,000 aggregate for bodily injury and property damage, including completed operations coverage, due to the wrecking of buildings and other structures. Such policy shall not contain a ball and chain and similar exclusion.
   (F)   Identification shall be from May 1 to April 30.
   (G)   The Director shall require each wrecking licensee to pass a written examination establishing in a manner satisfactory to the Director that the wrecking licensee has the necessary knowledge of the ordinance provisions relating to wrecking, the principles and practices of wrecking operations, and the obligations of a wrecking licensee.
   (H)   The Director shall refuse to issue the license if he or she finds the wrecking licensee is not fit or qualified or is not suitable to engage in wrecking operation.
   (I)   The wrecking licensee may be only affiliated with one identified contractor.
   (J)   The wrecking licensee must submit a duly notarized application wherein all pertinent information and experience shall be included, and satisfactory proof that the applicant has been engaged in the business of wrecking buildings or structures for a period of one year in a supervisory capacity.
   (K)   Licensing shall be from May 1 to April 30.
(1994 Jeff. Code, § 150.093) (Jeff. Ord. 10-1991, adopted and effective 4-25-91; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.095 IDENTIFICATION, LICENSE AND IDENTIFICATION FEES; PAYMENT.

   (A)   The fee for building contractors identification shall be as follows:
      (1)   The fee for Type “A” building contractor’s identification shall be $125 per year for obtaining more than four permits a year.
      (2)   The fee for Type “B” building contractor’s limited identification shall be $50.
   (B)   The fee for HVAC Contractor’s identification shall be $200 per year.
   (C)   The fee for the plumbing contractor identification shall be $150 per year.
   (D)   The fee for a manufactured fireplace appliance contractor identification number shall be $75 per year.
   (E)   The fee for a range-hood contractor identification shall be $75.
   (F)   The fee for a refrigeration appliance contractor identification shall be $75 per year.
   (G)   The fee for a fire detection contractor identification shall be $75.
   (H)   The fee for a fire suppression contractor identification shall be $75 per year.
   (I)   The fee for moving contractor identification shall be $75 per year.
   (J)   The fee for wrecking or demolition licenses and identification shall be as follows:
      (1)   The fee for a Type “A” wrecking contractor’s identification shall be $125 per year.
      (2)   The fee for Type “B” wrecking contractor’s identification shall be $225 per year.
   (K)   The fee for a wrecking or demolition license.
      (1)   The license fee shall be $75 per year.
      (2)   The fee for the wrecking licensee’s examination shall be $75 per examination.
   (L)   The fee for a sign contractor’s identification shall be $125 per year.
   (M)   All identification and licenses shall be paid in full. No identification or license fee will be prorated.
(1994 Jeff. Code, § 150.096) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Jeff. Am. Ord. 16-2000, adopted and effective 6-27-2000; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007) Penalty, see § 150.999

§ 150.096 PERMITS AND INSPECTION FEES.

Editor's Note:
The fees formerly contained in this section are promulgated by the Director, and can be found at https://louisvilleky.gov/government/construction-review/permits-licensing.

§ 150.110 WRECKING OR DEMOLITION OF HISTORIC BUILDINGS OR STRUCTURES.

   (A)   Definition. For the purpose of this section, HISTORIC BUILDING OR STRUCTURE means a building or structure that:
      (1)   Has been designated an Individual Landmark or is a contributing building or structure located in a local Historic Preservation District under the Landmarks Ordinance, LMCO §§ 32.250 et seq.; or
      (2)   Is listed on the National Register of Historic Places or is a contributing building or structure located in a Historic District designated by the National Register of Historic Places; or
      (3)   Is 50 years of age or older and is eligible to be listed on the National Register of Historic Places as set forth below in subsection (B); or
      (4)   Is an accessory building or structure greater than 600 sq. ft. and 100 years of age, and is eligible to be listed on the National Register of Historic Places as set forth below in subsection (B).
   (B)   Wrecking permit. Except as provided in subsection (F) below, no wrecking permit shall be issued for the demolition of Historic Buildings or Structures until after the date of certification, as set forth below in subsection (C). Upon application for a demolition permit of a Historic Building or Structure as defined in subsections (A)(3) or (A)(4) above, a Metro Historic Preservation Professional shall determine whether the building or structure meets the criteria for listing in the National Register of Historic Places within 14 days of receiving a complete application as set forth below in subsection (C). If it is determined in writing that the building or structure does not meet the criteria for listing in the National Register of Historic Places, the permit shall be issued without regard to the 30-day period, certification or other requirements as set forth in this section. The 30- day hold shall be notified via the specific Council District’s Historic Structure Demolition Notification in GovDelivery. If, before 20 days have passed a petition is submitted with at least ten signatures from residents or property owners within (1) a one-mile radius surrounding the structure or site proposed for landmark designation, (2) the Council district in which the proposed landmark is located or (3) the cumulative area formed when the boundaries of (1) and (2) are combined is received, this period may be extended for an additional 30 or 60 days as determined by Landmarks staff.
   (C)   Notice.
      (1)   Form of notice. The applicant or property owner shall send notice of intent to demolish to the owners of properties which touch the parcel containing the Historic Building or Structure at a point or along a border or are separated from doing so by a street or alley, Planning and Design Services, and the Council Member whose district contains the proposed demolition site on a form provided by the Department. The applicant or property owner shall also cause a sign, in accordance with standards established by the Department, to be posted on the proposed demolition site of the Historic Building or Structure at a location visible from the right of way. The sign shall remain on the Historic Building or Structure for at least 30-days. The wrecking permit application shall include photographs of every building elevation, including a photograph of the aforementioned sign.
      (2)   Timing of notice. Notice as required by subsection (C)(1) above shall be accomplished, meaning issued and the 30-day (or 60-day, if extended) via petition as outlined above) period has passed, according to the following:
         (a)   If the site is proposed to be redeveloped in conjunction with the demolition and such redevelopment requires a public hearing, then notice shall be accomplished before the public hearing. This shall be a joint notice advertising both the public hearing and the proposed demolition. In addition to noticing required by state law and the land development code for the specific requests being acted upon at the public hearing, the joint notice shall be sent by email to all subscribers to receive such notice.
         (b)   If the site is proposed to be redeveloped in conjunction with the demolition but such redevelopment does not require a public hearing, or if the site is not proposed to be redeveloped in conjunction with the demolition, then notice shall be accomplished prior to the issuance of the wrecking permit.
      (3)   Certification to the Department. Once notice has been accomplished pursuant to these requirements, the applicant or property owner shall certify to the Department of Codes and Regulations (the "Department") that it has been so accomplished.
      (4)   Timeframe for Landmarks Petition. A petition requesting designation of Historic Buildings or Structures as Local Historic Landmarks under LMCO § 32.260 must be received:
         (a)   By the date of the public hearing if the site is proposed to be redeveloped in conjunction with the demolition and such redevelopment requires a public hearing.
         (b)   Before the issuance of the wrecking permit if the site is proposed to be redeveloped in conjunction with the demolition but such redevelopment does not require a public hearing, or if the site is not proposed to be redeveloped in conjunction with the demolition.
      (5)   Expiration of notice and certification. If more than five years pass after the date notice was sent or certified without the building being demolished, then the notice and certification process will need to be repeated.
   (D)   Site redevelopment. In addition to the requirements in subsection (C) above, and except as provided in subsections (E) and (F) below, a wrecking permit for a Historic Building or Structure shall not be issued until a Development Plan for the subject property (if required) has been approved and permits have been issued allowing for substantial construction activities, such as site disturbance, clearing and grading, or building or construction of a principal structure.
   (E)   Site not to be redeveloped.
      (1)   If the property on which the Historic Building or Structure is located is not proposed to be redeveloped contemporaneous with the demolition of the Historic Building or Structure, the applicant or property owner shall provide a written statement to that effect to the Department and, prior to issuance of the wrecking permit, the property owner shall record a deed restriction in a form approved by the Department prohibiting any development of the subject property for a period of two years from the date the restriction is recorded. In such case, no permits shall be requested or issued for development on the subject property for said two-year period unless the restriction is waived by the Historic Landmarks and Preservation Districts Commission.
      (2)   The Historic Landmarks and Preservation Districts Commission may waive the two-year restriction if it finds and resolves that substantial land use, economic or social changes affecting the property have occurred in the interim, or that the community will benefit from the waiver and development of the property. Commission staff may approve a waiver as applied to an accessory building which is proposed to be destroyed and not redeveloped. To request a waiver, the property owner shall submit a letter to the Department of Planning and Design Services requesting a waiver and explaining how the proposal meets the criteria.
   (F)   Exceptions.
      (1)   Section 150.110 shall not apply:
         (a)   In any case where the Department, the Division of Fire, a Fire Protection District, the Board of Health, or any officer or agency thereof, or any court of justice orders or directs the demolition of any structure or building for the purpose of remedying conditions determined to be dangerous to life, health or property; or
         (b)   To demolitions intended to protect health and safety pursuant to LMCO § 156.806; or
         (c)   To buildings or structures that have been denied an individual landmark designation per the Historic Landmarks and Preservation Districts Ordinance (LMCO § 32.260) within two years of the wrecking permit being filed; or
         (d)   To community facility reviews for state and local governments other than Louisville Metro.
      (2)   Demolitions intended to protect health and safety pursuant to § 156.807 and demolitions performed by or at the direction of the Louisville and Jefferson County Landbank Authority on Landbank-owned properties shall not be subject to subsections (D) and/or (E) above.
      (3)   If the proposed demolition is part of a Development Plan approved through a public review process before a Louisville Metro Board or Commission, including at least 30 days' notice of the potential demolition of the Historic Building or Structure and the opportunity for public comment, then a wrecking permit may be issued subject to the provisions of subsection (D) above.
      (4)   If the proposed demolition has been approved by the Landmarks Commission or a Committee thereof, then a wrecking permit may be issued, subject to the provisions of subsection (D) above.
(Lou. Metro Am. Ord. No. 104-2003, approved 5-30-2003; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007; Lou. Metro Am. Ord. No. 87-2018, approved 6-29-2018; Lou. Metro Am. Ord. No. 183-2018, approved 10-15-2018; Lou. Metro Am. Ord. No. 153-2023, approved 11-6-2023) Penalty, see § 150.999

§ 150.998 SEVERABILITY.

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007)

§ 150.999 PENALTY.

   (A)   Any person, firm, partnership, corporation or other legal entity, who shall violate any provision, other than as set forth in subsections (B) and (C) below, shall be subject to a civil penalty of up to $1,000 per day per violation as provided for in §§ 32.275 et seq.
   (B)   A violation of § 150.047 of this chapter shall be classified as a civil offense and shall be enforced through the Code Enforcement Board as provided in §§ 32.275 et seq., or as it may be amended. The penalty for violation of § 150.047 of this subchapter shall be $1,000 for the first offense, and $2,000 for each subsequent offense. Each day that a violation continues shall constitute a separate offense.
   (C)   Notwithstanding subsections (A) and (B) above, any person violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of up to $500 or by imprisonment for a period not to exceed 12 months, except as otherwise provided by KRS Chapter 198B for violations of the Kentucky Building and Residential Codes. Each day the violation continues shall be a separate offense. No additional notice other than the notice for the original offense shall be required to convict a person for such violations resulting from a continuation of such offense.
(1994 Jeff. Code, § 150.999) (Jeff. Ord. 10-1991, adopted and effective 4-25-1991; Jeff. Am. Ord. 16-2000, adopted and effective 6-27-2000; Lou. Metro Am. Ord. 104-2003, approved 5-30-2003; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020)