ORDINANCE NO. _________, SERIES 2020
TITLE
AN ORDINANCE RELATING TO THE AGENCY REVIEW PROCESS CONDUCTED BY A CODE OFFICIAL (AS AMENDED).
BODY
SPONSORED BY: COUNCILMAN JAMES PEDEN
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) has taken notice of cases in which the agencies, including the Highview Fire Department and Metropolitan Sewer District, were not properly consulted during the comment phase of the construction review process; and
WHEREAS, the Council believes such agency reviews to be a critical part of the broader development process and important to the health and safety of the people of Louisville; and
WHEREAS, some agencies have the opportunity to comment on proposals at other times of the broader development process, such as Planning and Zoning; and
WHEREAS, the Council does not wish to unnecessarily burden such agencies nor slow the construction review process; and
WHEREAS, the members of the Council wish to receive notification of projects entering the construction review process in their districts;
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISIVLLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: That there shall be a new section of the Louisville Metro Code of Ordinances, LMCO § 150.010, which shall read as follows:
§ 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 (5) regular business days to review such changes and make comments.
(1) If an agency raises an issue with the proposed changes within those five (5) business days, the plan may not receive final approval from the Code Official until those issues are addressed.
(2) If those five (5) business days lapse witout 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 (5) business day period up to five (5) additional business days.
SECTION II: This Ordinance shall take effect upon its passage and approval.
______________________________ ______________________________
Sonya Harward David James
Metro Council Clerk President of the Council
______________________________ ______________________________
Greg Fischer Approval Date
Mayor
APPROVE AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ___________________________
O-182-20 LMCO 150.10 RE the Agency Review Process Conducted by a Code Official.docx (TF)