Members of PDS’ Management Board will consider the recommendations of an energy audit of its building in the near future. The board’s Capital Management Committee is considering the contents of that audit, the cost of the recommended actions, and the payback that will be achieved through lowered utility bills.

“One of the nicest surprises to come out of the audit was the confirmation that our recent upgrades to the building have made a positive impact on its efficiency,” said Dennis Gordon, FAICP, executive director at PDS. “The feasibility of additional improvements is what the committee and board are reviewing now.”

PDS pursued installation of an insulated roof and insulated windows during the down years of the recent recession when construction activities were considerably less expensive. Costs were paid from reserve funds that had been set aside for building maintenance.

The noted audit recommends upgrades to the building’s lighting, from common fluorescent tubes to LED fixtures. It also recommends moving from the 56 individual electric HVAC units that heat and cool the building to a central heat pump system. The individual HVAC units are the same as are used in many hotel rooms.

Gordon suggests the PDS Management Board may make its decision on upgrades by the end of the calendar year.

Building Codes in Kentucky have been mandated and updated since the early 1980’s. Whether they will be updated in 2017 is in the hands of two taskforces established by the Kentucky Board of Housing. Both groups are reviewing the 2015 code published by the International Code Council (ICC), the organization from which all 50 states obtain their model codes.

The International Code Council is a member-focused association dedicated to developing model codes and standards used in the design, build and compliance process to construct safe, sustainable, and resilient structures.

The two task forces—one for the Kentucky Building Code and another for the Kentucky Residential Code—have been reviewing the 2015 International Code to see what, if any, changes need to be made to the ICC model for the codes that will be enforced throughout Kentucky.

The taskforces are made up of those with specific interests in the industry such as code/fire officials, design professionals, and builders. Each group was tasked to review the document with their respective peers and then to meet to and discuss the significant changes. Whatever proposed changes survive that process are then forwarded on for consideration.

PDS’ Chief Building Official, Brian Sims, CBO, sits on one of these taskforces as a representative for the Code Administrators Association of Kentucky. “The 2015 International Code is a positive move forward as it helps the building industry keep up with changes in technology. It also helps to clarify items in the current code that were once vague and subject to interpretation,” says Sims.

National model codes are updated every three years based on comments and suggestions from the states, counties, and cities that use them. Once updated, the national models are then distributed to and considered by these jurisdictions who make changes to fit their needs.

The model’s purpose is to establish minimum/maximum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment.

The Kentucky working groups have been given a working timeframe and will need to have their findings formulated and presented to the Board of Housing prior to its November 2016 meeting. If approved, the updated Kentucky Building Code and Kentucky Residential Code would be made effective by mid-2017 to allow a grace period for those projects currently being designed.

When NKAPC/PDS established its One Stop Shop program in 2005, it expected to increase fees each July to keep pace with inflation. The amount of increase was to be dictated by the cost of living for the previous year. That is how the program’s financing has worked for most years since then.

“One Stop Shop was built on the premise of total cost recovery,” said Dennis Gordon, FAICP, PDS’ executive director. “By building the cost of living escalator into all our local government agreements, we let everyone know that there would be incremental annual increases in our fees.”

Gordon says the small annual increases were requested by area builders and developers because they can be absorbed better than huge increases every five or ten years.

Last year’s cost of living increase in the Cincinnati metro area was negligible. The expanding economy is bringing in additional workload and dollars so according to the agreements, fees in all participating One Stop Shop jurisdictions will stay the same as this year.

“Staff did a lot of homework back then to create fee schedules that would cover costs,” said Gordon, “but there were certainly no guarantees that revenue would match expenditures. The economy was obviously a huge unknown in this—and who would’ve ever predicted the Great Recession?”

Gordon says small increases have been implemented during a majority of the past ten years. He says that the agency’s goal of full cost recovery has been re-evaluated by officials and lowered to an 80 percent cost recovery rate.

Construction activity has significantly increased this year from last year according to a recent report from TRAKiT, PDS’ comprehensive development-tracking software. If these numbers remain steady, 2016 could end as the best construction season since the housing crash in 2007-08.

“Our permit numbers have grown from 1,097 to 1,298 permits for the same time period over last year”, says Brian Sims, CBO, PDS’ chief building official.

These numbers include all permit activity including new structures, additions, renovation/alterations, HVAC, automatic fire suppression systems, manual fire alarm systems, etc. With this trend, inspections will be sure to increase. To date, inspection numbers are roughly 400 more this year than they were this time last year.

The chart below—from builderonline.com—demonstrates housing start and completion numbers.

PDS has seen new housing starts increase from 43 to 52 permits this year to date. New commercial permits have grown from two the previous year to eight this year to date.

“Hopefully, activity will increase and help drive the economy back in Northern Kentucky,” says Sims.

With the workload increasing steadily, PDS needed to hire an additional entry-level inspector to replace one of the positions laid off during 2010. That inspector started in the building department last fall in an effort to get him trained for this building season.

“Our new inspector has come along very well. He is now performing inspections on his own and is really helping out with our current workload,” says Sims.

This brings PDS’ total number of building inspectors to six. This staffing level is expected to hold for now even if permits rise slightly in the future.

The recent observance of Veteran’s Day provides an appropriate opportunity to introduce PDS’ new building inspector. Gary Forsyth, II enlisted in the Kentucky Army National Guard in March of 2007 in an effort to serve his community and the commonwealth.

Upon entering the Guard, Gary chose the military occupational specialty (MOS) code for vertical construction, as he was interested in engineering. Gary is currently a Carpentry Masonry Sergeant (SGT) (E-5) with the 149^th Vertical Construction Company (VCC) based in Cynthiana.

In 2010, leaving a five-day-old baby girl and new mom at home SGT. Forsyth arrived at training in Hohenfels, Germany. The training was to prepare him for combat deployment with an exercise in building replica cities for infantry units. The major challenge while training in Germany was converting imperial measurements to metric. The conversion did not always work well, so the company went out and bought metric tools to finish the job.

SGT. Forsyth was deployed in 2013 to Afghanistan during Operation ENDURING FREEDOM as a team leader of five soldiers, eventually placed as a squad leader of two teams for a total 12 soldiers. In June of that year, the soldiers of the 149^th VCC were tasked with a very high priority construction mission at Bagram Air Field in Afghanistan.

The engineers were tasked with constructing a two story tactical operation command center for the 2^nd Brigade, 1^stCavalry Division, known as the “Black Jack” Brigade that were due to arrive in Afghanistan during the summer. Some challenges of constructing buildings in Afghanistan were convoy trucks with supplies could be blown up and new materials would have to be sent. Also, local materials were sometimes used in construction, and the quality of the resources was questionable and tricky to incorporate into the build.

The VCC completed the critical Cavalry construction and exceeded expectations creating a conference table in the shape of the Cavalry patch and includes all the likeness of the very recognizable yellow shield that is established as the symbol of the United States Cavalry. Due to the company’s fine work and for going above and beyond the call of construction, to show their gratitude the “Black Jack” Brigade held a surprise ceremony to induct those Soldiers into the “Order of the Combat Spurs” to show their appreciation.

From that day forward, the 2/1 Cavalry Division recognized the Soldiers of the 149^th by issuing the award that authorizes the troops that are given the prestigious honor to wear the Cavalry Stetson and Combat Spurs in noted situations as honorary members of the Cavalry.

SGT. Forsyth’s highest award is the Bronze Star for meritorious service during deployment. From the narrative Bronze Star submittal, “SGT. Forsyth demonstrated outstanding professional skill, knowledge, devotion to duty, and determination. He was instrumental in the success of 12 vertical construction missions, one being a theater priority $1.3 million Tactical Operations Center for the 2-1 Cavalry.”

When asked what SGT. Forsyth missed the most on deployment to Afghanistan he responded, “No question, it was my kids and family.”

“We’re really proud to have Gary on our team,” concluded Dennis Gordon, FAICP, PDS’ executive director. “The experience he received and is still receiving in the Kentucky Army National Guard is extremely beneficial to his responsibilities with PDS. We continue to thank him for his service to our country.”

Most preseason forecasts for our winter weather seemed to include another polar vortex like what we endured last year. As of this week, however, we have had one very minor snow incident and this week’s measureable snowfall. Mild temperatures have been the norm in Kenton County. What does this mean to the construction industry? Full speed ahead.

PDS’ building department has seen an increase of 188 permits, 118 plan reviews, and 235 inspections during the three recent months of November through January from the same period the year before.  

“Typically in the winter, we have a month or two where we can play catch up on old files right before the spring busy season hits but that hasn’t occurred this year,” said Brian Sims, CBO, PDS’ chief building official. “Hopefully, that is a sign of good things to come.”

Even with the increase in workload and the enforcement of new codes that went into effect last year, PDS is maintaining its commitment to a short turnaround times on plans as well as quick inspections out in the field.

There has been an increase in new cell tower applications in Kenton County. Following a five-year period during which no new cell towers were constructed, PDS staff has processed two applications within the past four months. Time will determine whether this trend continues.

Larry Perry, a nationally-recognized radio frequency engineer and consultant to PDS, states that this trend may continue as the economy improves, technology and data speeds increase, and wireless providers seek to fill the holes in their networks.

“Part of the reason the need for new towers is increasing is LTE (long-term evolution) technology that is so popular today,” says Perry. “LTE technology reduces signal coverage somewhat while increasing the speed of the data that is transmitted.”

In addition to new cell towers, PDS’ Building Codes Administration Department has also received numerous permit applications to upgrade equipment on existing cell towers and structures.

New cell towers are often the most contentious issues that a planning commission hears and decides. The two most common complaints and objections that the Kenton County Planning Commission (KCPC) hears at public hearings are the loss of property values and the aesthetics of towers.

These objections by themselves, however, are usually not sufficient for denying an application. To deny an application, the planning commission must have “substantial evidence” to deny an application. While property values and aesthetics are important concerns for residents and communities, often times little factual evidence is submitted to the planning commission as a basis for its decision.

Federal and State regulations regarding the placement of new cell towers severely limit the purview of the planning commission. The Federal Telecommunications Act of 1996 preserves the ability of the planning commission regarding the placement, construction, and modification of wireless service facilities for personal wireless service, subject to some very important federal limitations.

• The planning commission cannot have the effect of denying Service. The KCPC cannot develop policies that have the effect of denying an application once an applicant demonstrates a need to construct a tower in a location based on coverage or capacity needs and an inability to co-locate on existing towers.
• The planning commission cannot discriminate. The KCPC cannot favor one competitor over another competitor or, for example, base a denial because a carrier already has service in an area so there is no need for another carrier to provide service.
• The planning commission cannot consider environmental effects. The KCPC should not allow evidence of environmental effects at the public hearing.

Kentucky law (KRS 100) states that only the planning commission has the authority to review and approve the construction of new towers. The planning commission must hold a public hearing and make its decision within 60 days of an application being received. Because of the time limits and limitations placed on the planning commission, new cell towers are often very hotly debated within the community.

“[Another reason why more new towers may be built], the FCC has authorized a total of 13 carriers for transmission of mobile data (smart phones) and currently we have only five in our area,” says Perry. “The new carriers are going to need tower space for their equipment also, thus additional potential applications.”

With smart phone technology improving and being nearly a necessity in today’s society, Kenton County is likely to see more conflicts between new cell towers and residential areas of the county.

PDS has once again demonstrated to Kentucky’s Department of Housing, Buildings and Construction (DHBC) that it maintains the certification and knowledge to handle larger projects within Kenton County. The agency was granted its renewal recently for the expanded jurisdiction program for all of Kenton County absent Erlanger that has its own program.

To gain expanded jurisdiction, local building departments must demonstrate that they have the manpower, certification, and knowledge to handle larger construction projects. These projects are those with an occupant load of at least 100 or more persons. Office buildings of 10,000 square feet, industrial buildings larger than 20,000 square feet, and residential buildings larger than 20,000 square feet or three stories are some examples of buildings that fall under this criterion.

“I’m proud to acknowledge once again that our building inspection team has earned Frankfort’s trust,” said Dennis Gordon, FAICP, PDS’ executive director. “Our office personnel and field inspectors work hard to justify this trust. They also work closely with building contractors to help them achieve their goals within the parameters set by the state building code.”

PDS first acquired expanded jurisdiction from the state in 1998 and has renewed it every three years since through an audit process. The resulting contract gives DHBC control over how the program is run and the ability to terminate the program if the local department fails to live up to state standards.

DHBC personnel visit the local jurisdictions after the application process and verify in the field that all parameters of KRS 198B.060(5) are met. Once the Department is satisfied that the local jurisdiction is maintaining proper procedures and meeting state standards, it makes sure all local ordinances and agreements are in place lawfully and then signs the contract for the next three years.

With PDS performing these larger projects locally, dollars spent on permits are kept locally and not returned back to Frankfort for dispersion throughout the commonwealth. It also allows for projects to occur quicker. Typically, inspections are provided with 24 hours’ notice and plans are reviewed in seven to eight business days if not sooner where it can be up to a month or more for a plan review at DHBC.

Kenton County Senior Building Official Jeff Bechtold was elected to the International Code Council (ICC) Board of Directors during the association’s recent 2014 Annual Conference. The Code Council develops codes and standards that states and local jurisdictions use in the construction of safe homes and buildings to create strong communities. The ICC Code is the basis for the Kentucky Building Code which is mandatory for all jurisdictions across the commonwealth.

“Those who serve as volunteers on the Code Council Board of Directors are leaders in the profession who devote their time, energy, and expertise to ensure public safety in the built environment,” said ICC Chief Executive Officer Dominic Sims. “We thank them for their leadership, and we thank their local jurisdictions for supporting their service.”

As Senior Building Official, Bechtold pursues both plans examinations and field inspections in all phases of construction except for plumbing and electrical in Kenton County. He is one of five building officials employed by Planning and Development Services of Kenton County (PDS), the public agency that provides building, zoning, and property maintenance services for 17 of Kenton County’s 20 local governments.

Bechtold was appointed to a two-year term by the governor to the Single-Family Dwelling Advisory Committee for Kentucky’s Department of Housing, Buildings and Construction. He was a volunteer firefighter serving the cities of Erlanger and Elsmere. Active in code development, he also has served on the ICC’s Means of Egress Code Change Committee.

“We’re very proud of Jeff’s election to this position,” said Dennis Gordon, PDS executive director. “We work hard to find and keep the best professional staff possible to serve the people of Kenton County. Jeff’s election is indicative of the professionalism and service mindedness that our staff possesses.”

The International Code Council is a member-focused association. It is dedicated to developing model codes and standards used in the design, build and compliance process to construct safe, sustainable, affordable and resilient structures. Most U.S. communities and many global markets choose the International Codes.

Every five years ISO—the Insurance Services Office—assesses building codes administration programs in communities around the world and evaluates those communities’ commitments to enforce them. Kenton County’s most recent assessment came earlier this year when ISO personnel visited PDS and met with staff in its building codes administration department.

This program assesses the risk of buildings for insurance rating purposes. Any building constructed in the year ISO classifies a community, or in a later year, is eligible for the program. Buildings in communities with classifications of 9 and lower (down to 1) receive a rating credit. A classification of 10 receives no credit. Classifications of 1–3 receive the highest credit; classifications of 4–9 receive intermediate credits.

Since 2009 when PDS was reviewed last, ISO re-evaluated its program and changed its grading system to make it more challenging to get a lower score. In the ISO grading system a 1 is exemplary and 10 needs major improvements. There are two categories of scores: commercial and residential.

“A lot of data and effort that goes into the evaluation process,” said Brian Sims, CBO, PDS’ chief building official. “It takes a good number of man hours just to collect the data and fill out the survey from. Information from our building department, zoning, GIS, engineering, PVA, and our accounting department must be submitted to complete the survey.”

The result of this year’s assessment was a 3 for PDS on commercial construction and a 4 for residential construction. These are the same ratings the agency earned in 2009 and are among the very highest granted to jurisdictions in the Commonwealth of Kentucky.

“While on the outside this may seem as though no improvements have been made over the past five years,” said Dennis Gordon, FAICP, PDS’ executive director, “PDS maintained its scores during a period when the ratings assessment was made significantly tougher.”

Gordon says some categories are out of his staff’s hands and other local jurisdictions as the adopted building codes in the commonwealth are adopted as mini/maxi codes. That is to say that when the Legislative Research Commission adopts Kentucky’s codes, local communities by default get the score assigned to that category since they cannot make a certain section more or less stringent.

“I’m really proud of what these ratings signify for PDS and what they contribute to the communities we serve,” said Gordon. “PDS is a service organization and I can’t think of a better example of the services we provide than the financial benefits these ratings contribute to property owners.”

ISO is a provider of data, underwriting, risk management and legal/regulatory services (with special focus on community fire-protection efforts and building code effectiveness evaluation) to property-casualty insurers and other clients. The organization serves clients with offices throughout the United States, along with international operations offices in the United Kingdom, Israel, Germany, India and China. Ratings earned by rated communities can have a real world impact on insurance premiums that building and home owners pay for coverage.

To read more on ISO’s program, click here.