Where we stand as of Dec. 7th, 2018:

We have been working diligently with the Department of Housing, Buildings, and Construction as well as the Secretary of Public Protection’s Office to obtain the best results for our industry. There are still many questions that we have yet to receive answers on but here is what we know:

What:

• Various drafts of regulatory changes have been debated since 2009 
  • As department administrations have changed, the process started over
• After nearly a decade of deliberation, changes to Kentucky 815 KAR 25 have passed

 
Why:

• Largely due to our pushback and administration changes over the past decade, regulation changes that would bring Kentucky up to HUD requirements have been delayed
• Highlighted in 24 C.F.R. Part 3282 and 24 C.F.R. Part 3285 (HUD Code), HUD has minimum site preparation and installation standards
  • Kentucky was forced to comply with these standards

 
When:

• Changes to Kentucky 815 KAR 25 were passed on November 13^th, 2018
• We are expecting an effective date of January 4, 2019 
  • This does not mean homes will start to be inspected to these new regulations on this date
• We have requested a March 1^st, 2019 implementation date 
  • The request is to require homes that were sold after March 1^st, to be inspected to the new regulations

 
Resources for you:

• We have assembled an interpretive summary highlighting the changes to the regulation and your necessary action items (once the regulations are implemented)
  • Here is the link to download:

Kentucky 815 KAR 25:050 & KAR 25:090 Summary of Changes

Still to Come:

• We are in continuous communication with the Secretary’s Office relative to the requested March implementation date
• We have worked with the Secretary’s Office and DHBC to develop a Frequently Asked Questions document that would answer many of our questions
  • Once this is finalized, we will send that out to our membership

 
The good news:

• These regulation changes only affect new homes 
  • Used homes will still be installed in accordance with the manufacturer’s instructions, if available, or ANSI A225.1
• As always, we still have a responsibility to install new homes to the manufacturer’s installation manual. The new regulations emphasize that more than ever. All inspections will be in accordance with:
  • The manufacturer’s installation instructions OR
  • If for some reason the manufacturer’s installation manual is not available, 24 C.F.R. Part 3282 and 24 C.F.R. Part 3285 (HUD Code) will be utilized

 
The biggest change:

• Although we have always been required to install new homes to the manufacturer’s installation manual, this is the first time the homes WILL be inspected in accordance to the installation manual

 
Our recommendation:

• Review the document that is linked in this email
• Be on the lookout for a sign-up form for the Continuing Education Course in January
  • Attend the Continuing Education Course on January 29, 2019 (the day before the Louisville Show)
  • Even if you are not required to obtain continuing education hours, it is STRONGLY recommended that you attend this course
    • We have requested that Commissioner Milby and his staff, including all 20 inspectors, attend this course and be prepared for questioning
• Watch for future emails from KMHI to keep as up to date as possible 
  • If you or someone in your organization have not received recent emails and are a member of KMHI, send an email to lhanes@kmhi.org so that you can be added to the distribution list

 
Again, we understand your concern on this matter and we are working diligently to pass along the most relevant and up to date information that we have. If you have any questions, reach out to us via email to Betty Whittaker at bwhittaker@kmhi.org and Logan Hanes at lhanes@kmhi.org or by phone at (502) 223-0490.