Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
236.097,
236.210
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
236.030 requires the commissioner to
promulgate administrative regulations that establish reasonable standards for
the safe construction, installation, inspection, and repair of boilers,
pressure vessels, and associated pressure piping in Kentucky.
KRS
236.210 requires the commissioner to
establish reasonable fees for the licensing of all boiler and pressure vessel
contractors.
KRS
236.097 establishes criteria and fees for the
issuance of owner facility, owner's piping inspector, and independent
inspection agency licenses, and requires the department to develop the
applications required for the issuance and renewal of these licenses. This
administrative regulation establishes the fees, standards, and forms incident
to the licensing of boiler and pressure vessel contractors, owner facilities,
owner's piping inspectors, and independent inspection agencies.
Section 1. Boiler and Pressure Vessel
Contractors.
(1) Application. An applicant for
an initial boiler and pressure vessel contractor license shall submit to the
department:
(a) Proof that the applicant is
eighteen (18) years of age or older;
(b) A completed Boiler and Pressure Vessel
Contractor License Application on Form PLB-BPV-1;
(c) A passport-sized color photograph of the
applicant taken within the past six (6) months; and
(d) A nonrefundable license fee of $250
payable to the Kentucky State Treasurer. If an initial license is for a period
of less than twelve (12) months, the initial license fee shall be reduced on a
pro rata basis. The initial license fee shall not be prorated for less than
seven (7) months.
(2)
Examination.
(a) An applicant for a boiler and
pressure vessel contractor license shall take and pass the examination required
by
KRS
236.210 before an initial license may be
issued under this section.
(b) The
applicant shall successfully complete the examination with a passing score of
at least seventy (70) percent.
(c)
A passing score on the examination shall be valid for a period of three (3)
years.
(3) Termination
of an application.
(a) The initial
application shall remain pending until all requirements are met or for a period
of up to one (1) year after the date the application is submitted to the
department.
(b) At the end of one
(1) year, the application shall be void.
(4) License Renewal.
(a) A boiler and pressure vessel contractor
license shall expire annually on the last day of the licensee's birth month
unless renewed in accordance with this subsection.
(b) An applicant for renewal of a boiler and
pressure vessel contractor license shall submit to the department on or before
the expiration of the license:
1. A completed
Boiler and Pressure Vessel Contractor License Application on Form PLB-BPV-1;
and
2. A nonrefundable annual
renewal fee of $175 payable to the Kentucky State Treasurer.
(5) Representation.
(a) A boiler or pressure vessel contractor
shall provide general supervision to and be primarily responsible for all work
performed by the licensee's employees.
(b) A company or individual may engage in the
business of installing, erecting, or repairing boilers, pressure vessels, or
pressure piping within the Commonwealth if one person connected with such a
company or individual responsible for the boiler, pressure vessel, or pressure
piping work is a boiler and pressure vessel contractor.
(c) Any boiler and pressure vessel
contractor, responsible for the boiler, pressure vessel, or pressure piping
work for a company or individual engaged in the boiler, pressure vessel, or
pressure piping business, shall notify the department at any time he commences
or severs his connection with the company or individual.
(d) A boiler and pressure vessel contractor
shall only represent one (1) company or individual at a time.
Section 2. Owner
Facilities.
(1) Application. An applicant for
an owner facility license shall submit to the department:
(a) A completed Owner Facility License
Application on Form PLB-BPV-2;
(b)
The fee required by
KRS
236.097(1)(d), payable to
the Kentucky State Treasurer;
(c)
Proof of employee or contractor who holds a license pursuant to
KRS
236.210; and
(d) Proof that the facility has general
liability insurance through a company permitted to transact insurance in
Kentucky.
(2) License
Renewal.
(a) An owner facility license shall
expire after a period of two (2) years, on the last day of the month in which
the license was initially issued, unless renewed in accordance with this
subsection.
(b) An applicant for
renewal of an owner facility license issued in accordance with this section
shall, by no later than sixty (60) days prior to the expiration of the license,
submit to the department:
1. A completed Owner
Facility License Application on Form PLB-BPV-2; and
2. The fee required by
KRS
236.097(1)(f), payable to
the Kentucky State Treasurer.
(3) Inspection prohibition. An owner facility
shall not conduct, or allow to be conducted, any piping inspections under the
owner facility's license unless the inspector performing the inspection is
licensed pursuant to Section 3 or Section 4 of this administrative
regulation.
Section 3.
Owner's Piping Inspectors.
(1) Application. An
applicant for an initial owner's piping inspector license shall submit to the
department:
(a) Proof that the applicant is
eighteen (18) years of age or older;
(b) A completed Owner's Piping Inspector
License Application on Form PLB-BPV-3;
(c) A passport-sized color photograph of the
applicant taken within the past six (6) months; and
(d) The nonrefundable fee required by
KRS
236.097(2)(c), payable to
the Kentucky State Treasurer. If an initial license is for a period of less
than twenty-four (24) months, the initial license fee shall be prorated in
accordance with
KRS
236.097(2)(d).
(2) License renewal.
(a) An owner's piping inspector license shall
expire on the last day of the licensee's birth month in the second year
following the issue date.
(b) An
applicant for renewal of an owner's piping inspector license shall, on or
before the expiration of the license, submit to the department:
1. A completed Owner's Piping Inspector
License Application on Form PLB-BPV-3; and
2. The fee required by
KRS
236.097(2)(f), payable to
the Kentucky State Treasurer.
Section 4. Independent Inspection Agencies.
(1) Application. An applicant for an initial
independent inspection agency license shall submit to the department:
(a) A completed Independent Inspection Agency
License Application on Form PLB-BPV-4; and
(b) The fee required by
KRS
236.097(3)(b), payable to
the Kentucky State Treasurer.
(2) License renewal.
(a) An independent inspection agency license
shall expire after a period of two (2) years, on the last day of the month in
which the license was initially issued.
(b) An applicant for renewal of an
independent inspection agency license shall, on or before the expiration of the
license, submit to the department:
1. A
completed Independent Inspection Agency License Application on Form PLB-BPV-4;
and
2. The fee required by
KRS
236.097(3)(e), payable to
the Kentucky State Treasurer.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Form PLB-BPV-1, "Boiler and
Pressure Vessel Contractor License Application", May 2020;
(b) Form PLB-BPV-2, "Owner Facility License
Application", May 2020;
(c) Form
PLB-BPV-3, "Owner's Piping Inspector License Application", May 2020;
and
(d) Form PLB-BPV-4,
"Independent Inspection Agency License Application", May 2020.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Housing, Buildings and Construction, Boiler Section, 500 Mero
Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
and is available online at
http://dhbc.ky.gov/Pages/default.aspx.
STATUTORY AUTHORITY:
KRS
236.030,
236.097,
236.210