Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
198B.4003,
198B.4009,
198B.4011,
198B.4013,
198B.4023,
198B.4025,
198B.4027,
198B.4033
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.4009(3) authorizes the
Department of Housing, Buildings and Construction to promulgate administrative
regulations necessary to implement
KRS
198B.400 through
198B.540.
KRS
198B.4009(1) requires
elevator contractors and elevator mechanics to be licensed.
KRS
198B.4013 provides the eligibility
requirements for issuance of an elevator mechanic's license and an
accessibility and residential elevator mechanic's license.
KRS
198B.4023 authorizes the department to
promulgate administrative regulations establishing the requirements for license
renewal, inactive license, reactivation procedures, permissible content of
continuing education programs, and qualifications of continuing education
providers. This administrative regulation establishes the licensure
requirements for elevator contractors, elevator mechanics, and accessibility
and residential elevator mechanics.
Section
1. General Requirements.
(1)
Elevator contractor.
(a) Supervision. The
elevator contractor shall provide general supervision and be primarily
responsible for all elevator work performed by the mechanics, employees, and
subcontractors of the licensee.
(b)
Change of licensee's information. A licensee who is an employee of a company
and whose license represents the company shall notify the department, in
writing, if the licensee ceases to represent the company or if the name of the
company changes.
(2)
Elevator mechanic.
(a) Supervision. The
elevator mechanic shall provide general supervision for all helpers or
apprentices assigned to the elevator mechanic in carrying out the installation,
construction, alteration, replacement, maintenance, removal, or dismantling of
any elevator or fixed guideway system.
(b) Limitation on applicability. A licensed
elevator mechanic may perform work on accessibility and residential elevators
without obtaining an accessibility and residential elevator license.
(3) Accessibility and residential
elevator mechanic.
(a) Supervision. The
accessibility and residential elevator mechanic shall provide general
supervision for all helpers or apprentices assigned to the accessibility and
residential elevator mechanic in carrying out the installation, construction,
alteration, replacement, maintenance, removal, or dismantling of any
accessibility lift or private residential elevator.
(b) Limitation on applicability. A licensed
accessibility and residential elevator mechanic shall not hold out himself or
herself as complying with all the elevator mechanic experience and examination
requirements.
Section
2. Initial Application Requirements.
(1) Filing the application.
(a) Elevator contractor. An applicant seeking
an elevator contractor license shall submit to the department:
1. A completed Elevator Contractor License
Application on Form EV-3;
2. An
initial license application fee of $240 for a twelve (12) month license. The
initial license fee may be prorated for not less than seven (7) months or more
than eighteen (18) months and shall expire on the final day of the applicant's
birth month;
3. Proof of
applicant's experience as required by
KRS
198B.4011 and this administrative
regulation;
4. A passport-sized
color photograph of the applicant taken within the past six (6) months, except
for an applicant that is a partnership, corporation, or other business
entity;
5. Proof of insurance as
required by KRS
198B.4027; and
6. If the elevator contractor applicant is an
employee representing a company, the applicant shall state the company name on
the application form. The company may provide the insurance certificates and
shall be subject to this administrative regulation.
(b) Elevator mechanic and accessibility and
residential elevator mechanic. An applicant seeking an elevator mechanic
license or an accessibility and residential elevator mechanic license shall
submit to the department:
1. A completed
Elevator Mechanic License Application on Form EV-4;
2. An initial license application fee of
ninety-six (96) dollars for a twelve (12) month license. The initial license
fee may be prorated for not less than seven (7) months or more than eighteen
(18) months and shall expire on the final day of the applicant's birth
month;
3. Proof of the applicant's
experience as required by
KRS
198B.4013 and this administrative regulation;
and
4. A passport-sized color
photograph of the applicant taken within the past six (6)
months.
(2)
Termination of an application.
(a) The initial
application shall remain pending until all requirements are met, up to a period
of one (1) year after the date the application is received by the
department.
(b) At the end of one
(1) year, the application shall be void.
Section 3. Reciprocity.
(1) Out of state credentials.
(a) To be eligible for reciprocity, an
applicant shall have a current license, certification, or registration in
another state whose standards are substantially equal to those of this
Commonwealth as established in KRS Chapter 198B and 815 KAR Chapter
4.
(b) The license, certificate, or
registration shall be equivalent to the Kentucky license requested.
(2) Application.
(a) A reciprocal elevator license applicant
shall submit the appropriate application and fee:
1. For an elevator contractor applicant, a
completed Elevator Contractor License Application on Form EV-3 and $240;
and
2. For an elevator mechanic
applicant or an accessibility and residential elevator mechanic applicant, a
completed Elevator Mechanic License Application on Form EV-4 and ninety-six
(96) dollars.
(b) If
applying for both licenses, an application fee shall be submitted for each
license with each application form.
(3) Experience.
(a) Elevator contractor. A reciprocal
elevator contractor applicant shall meet the experience requirement in Section
5(1) of this administrative regulation.
(b) Elevator mechanic and accessibility and
residential elevator mechanic. A reciprocal elevator mechanic or an
accessibility and residential elevator mechanic shall meet the experience
required by KRS
198B.4013(2).
Section 4. Examination Requirements. An
applicant for an elevator mechanic license or an accessibility and residential
elevator mechanic license shall take and pass the examination administered in
compliance with this section.
(1) Examination
criteria.
(a) Elevator Mechanic. For an
application pursuant to
KRS
198B.4013(2)(a), the
examination shall test the applicant's knowledge of codes, standards, and
current technological and industry recommended practices with respect to the
proper installation, maintenance, repair, remodeling, or alteration of
elevators, elevator systems, and fixed guideway systems.
(b) Accessibility and Residential elevator
mechanic. For an application pursuant to
KRS
198B.4013(2)(b), the
examination shall test the applicant's knowledge of codes, standards, and
current technological and industry recommended practices with respect to the
proper installation, maintenance, repair, remodeling, or alteration of
accessibility lifts and private residential elevators.
(2) The department or its designee shall
develop, administer, and score the examinations in subsection (1)(a) and (b) of
this section.
(3) Reasonable
accommodations shall be made to provide accessibility to disabled applicants,
upon request.
(4) Except as
established in subsection (8) of this section, an applicant shall pass with a
score of at least seventy (70) percent on the examinations in subsection (1)(a)
or (b) in this section.
(5)
(a) A request to sit for an examination shall
be made directly to the testing facility approved by the department.
(b) A list of facilities and contact
information shall be provided by the department to applicants upon
request.
(6) The cost
shall not exceed $100 for either the Kentucky Elevator Mechanic Examination or
for the Kentucky Accessibility and Residential Elevator Mechanic
Examination.
(7) A passing score on
an approved elevator examination shall be valid for a period of three (3)
years.
(8) Upon application by a
testing agency, a national code group, or by an applicant for licensure, the
department shall recognize another examination as equivalent to the
examinations administered by the department or department's designee if the
person or group submitting the examination demonstrates that the examinations
cover the same material and require the same level of knowledge as the
department's examinations.
Section
5. Experience Requirements.
(1)
Minimum experience.
(a) Elevator contractor.
An elevator contractor applicant shall have a minimum of three (3) years of
verifiable experience as an elevator mechanic.
(b) Elevator mechanic and accessibility and
residential elevator mechanic. An elevator mechanic applicant or an
accessibility and residential elevator mechanic applicant shall meet the
experience required by
KRS
198B.4013(2).
(2) Records of experience. An applicant's
experience shall be listed on the application form or included with submission
of application form to the department.
(a)
Proof of listed experience shall be provided by:
1. A W-2 form; or
2. An affidavit by an elevator contractor who
directed and supervised the applicant.
(b) Additional proof of experience shall be
requested by the department if the department has reason to believe that the
experience shown is insufficient, falsified, or nonexistent.
Section 6. Inactive
License Status.
(1) A licensee may request
that a license be placed in inactive status.
(2) An elevator contractor licensee in
inactive status shall not be required to maintain insurance as required by
KRS
198B.4027.
(3) A certified elevator inspector may be
licensed as an elevator contractor, elevator mechanic, or accessibility and
residential elevator mechanic, but shall place the license in inactive status
while having an active elevator inspector certification.
(4) A licensee shall not perform elevator
work while the license is inactive. Performing elevator work while holding an
inactive license shall be grounds for revocation or suspension of all elevator
licenses and certifications held by the licensee.
Section 7. Renewal and Reactivation
Requirements and Procedures.
(1) Filing for
renewal. Licenses shall be renewed each year. To renew a license, a licensee
shall submit to the department:
(a) A
completed, applicable form:
1. For elevator
contractors, the Elevator Contractor License Application on Form EV-3;
or
2. For elevator mechanics and
accessibility and residential elevator mechanics, the Elevator Mechanic License
Application on Form EV-4;
(b) A renewal fee made payable to the
Kentucky State Treasurer of:
1. $240 for an
elevator contractor; or
2.
Ninety-six (96) dollars for an elevator mechanic or an accessibility and
residential elevator mechanic; and
(c) Proof of attendance and completion of
continuing education prior to the application for renewal in accordance with
815 KAR
2:010.
(2) Each application for license renewal
shall be submitted by each licensee with a United States postmark dated no
later than the last day of the licensee's birth month.
(3) A renewal application submitted late, but
with a United States postmark dated no more than sixty (60) days after the last
day of the licensee's birth month, shall be accepted, but a restoration fee, in
accordance with Section 8(1) of this administrative regulation, shall be added
to the annual renewal fee.
(4)
Failure to renew within sixty (60) days after the last day of the licensee's
birth month shall terminate the license.
(5) To reactivate an inactive license, the
inactive licensee shall:
(a) Pay the annual
renewal fee;
(b) Pay the
reactivation fee pursuant to Section 8(3) of this administrative
regulation;
(c) Comply with the
continuing education requirements established in
815 KAR 2:010; and
(d) Provide current proof of insurance
required by KRS
198B.4027 if an elevator
contractor.
Section
8. Special Service Fees. In addition to other fees required by
this administrative regulation, the following fees shall also be applied:
(1) Restoration fee. The fee for renewal of
an expired license shall be:
(a) Fifty (50)
dollars for an elevator contractor; or
(b) Twenty-five (25) dollars for an elevator
mechanic or accessibility and residential elevator
mechanic.
(2)
Reinstatement fee. The fee for reinstatement of a terminated license shall be:
(a) $100 for an elevator contractor;
or
(b) Twenty-five (25) dollars for
an elevator mechanic or accessibility and residential elevator
mechanic.
(3)
Reactivation fee. The fee for reactivation of an inactive license shall be:
(a) $120 for an elevator contractor;
or
(b) Forty-eight (48) dollars for
an elevator mechanic or accessibility and residential elevator
mechanic.
(4) Duplicate
license fee. A verified lost or destroyed license shall be replaced upon
payment of a ten (10) dollar fee.
Section 9. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Elevator Contractor License
Application", Form EV-3, April 2023; and
(b) "Elevator Mechanic License Application",
Form EV-4, April 2023.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Housing,
Buildings and Construction, Division of Building Codes Enforcement, Elevator
Inspection Branch, 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
198B.4009(3),
198B.4023