Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
198B.550 - 198B.630
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.555 requires the commissioner of the
Department of Housing, Buildings and Construction to promulgate reasonable
administrative regulations necessary for the administration of
KRS
198B.550 through
198B.630.
This administrative regulation establishes the qualifications,
responsibilities, procedures, and fees for licensing fire protection sprinkler
contractors and for certifying certificate of competency holders.
Section 1. Definitions.
(1) "Department" is defined by
KRS
198B.550(1).
(2) "Certificate of competency" means the
certificate of registration issued by the department to an individual who
demonstrates competency to design fire suppression systems by successfully
completing the minimum requirements of this administrative
regulation.
(3) "Certificate
holder" is defined by
KRS
198B.550(5).
(4) Commissioner" is defined by
KRS
198B.550(2).
(5) "Fire protection sprinkler contractor" is
defined by
KRS
198B.550(3).
(6) "Fire protection sprinkler system" is
defined by
KRS
198B.550(6).
(7) "Inspection" means a physical and visual
examination of a sprinkler system installation.
(8) "Installation" means the initial
placement of a system or its extension or alteration after initial
placement.
Section 2.
Responsibilities of the Commissioner. The commissioner shall review
applications, accept fees, and issue certificates and licenses to qualified
persons and firms pursuant to this administrative regulation. He or she shall
conduct investigations upon receipt of written complaints that allege that a
certificate holder or licensed fire protection sprinkler contractor has acted
in violation of KRS Chapter 198B or of this administrative
regulation.
Section 3.
Applicability. Except as exempted by
KRS
198B.560, this administrative regulation
shall apply to all firms and persons who engage in the business of design and
preparation of technical drawings, installation, repair, alteration, extension,
maintenance, or inspection of a fire protection sprinkler system.
Section 4. Application for Certificate of
Competency.
(1) An applicant for certificate
of competency shall comply with the examination requirements in
KRS
198B.570 for the type of system for which the
applicant seeks certification.
(2)
An applicant for a fire protection sprinkler system certificate of competency
shall submit to the department:
(a) Completed
forms FPS-SC-2 and 2a;
(b) Proof of
current National Institute for Certificate in Engineering Technologies (NICET)
certification in fire protection engineering technology automatic sprinkler
system design, level III, or higher; and
(c) A nonrefundable, prorated certificate fee
of $125.
(3) An
applicant for a range hood suppression system certificate of competency shall
submit to the department:
(a) Completed Forms
FPS-RC-2 and 2a;
(b) Proof of
current manufacturer's training certification; and
(c) A nonrefundable, prorated certificate fee
of $125.
(4) Application
for a chemical system certificate of competency shall be as established in
paragraphs (a) and (b) of this subsection.
(a)
An applicant for a pre-engineered chemical systems (limited) certificate of
competency shall submit to the department:
1.
Completed Forms FPS-CC-2 and 2a;
2.
Proof of current manufacturer's training certification; and
3. A nonrefundable, prorated certificate fee
of $125.
(b) An
applicant for an engineer chemical systems (unlimited) certificate of
competency shall submit to the department:
1.
Completed Forms FPS-CC-2 and 2a;
2.
Proof of current NICET certification in special hazard systems layout
technician, level III; and
3. A
nonrefundable, prorated certificate fee of $125.
Section 5. Application
for Contractor's License.
(1) An applicant for
a contractor's license shall submit to the department:
(a)
1.
Proof of having a certificate holder in his or her employ; and
2. Proof of financial responsibility as
required by
KRS
198B.595.
(b) For fire protection sprinkler
contractors, a completed Form FPS-SL-1;
(c) For rangehood suppression system
contractors, a completed Form FPS-RL-1; and
(d) For chemical suppression system
contractors a completed Form FPS-CL-1.
(2)
(a)
Each application shall be accompanied by a fee of $250.
(b) The initial license fee shall be
prorated.
Section
6. Certificate Holder Seal. Each certificate holder shall obtain
and use a seal for all work prepared by him or her or under his or her direct
supervision. The design shall be as follows:
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Section
7. Certification and Licensure.
(1) Upon completion of the requirements of
KRS
198B.595, the certificate of competency shall
be issued by the commissioner in the name of the applicant.
(2) All fire protection sprinkler contractor
licenses shall be issued in the name of the firm listed on the application and
shall state the name of the certificate holder on the face of the
license.
(3) Each license and
certificate shall expire on the last day of the licensee or certificate
holder's birth month.
(4) To renew
a certificate of competency, a certificate holder shall submit to the
department:
(a) The completed applicable form
listed in Section 4(1)(a)-(c) of this administrative regulation; and
(b) A renewal fee of $125 for each
certificate.
(5) To
renew of a contractor's license, a licensee shall submit to the department:
(a) The completed applicable form listed in
Section 5(2)(a) through(c) of this administrative regulation; and
(b) A renewal fee of $250 for each
license.
Section
8. Duties and Responsibilities of a Licensed Contractor and
Certificate Holder.
(1) A person shall not
represent himself as a fire protection sprinkler contractor without first being
licensed by the department in accordance with this administrative
regulation.
(2) The design of a
system shall be prepared by either a licensed professional engineer or a
licensed fire protection sprinkler contractor as required by
KRS
198B.565.
(3) A person other than a certificate holder
shall not engage in any activity listed in Section 3(1) of this administrative
regulation unless he or she is supervised by or has in his or her employ, a
lawfully authorized certificate holder.
Section 9. Procedures for Administrative
Disciplinary Hearings. Disciplinary action authorized by
KRS
198B.620 shall be conducted as established in
subsections (1) and (2) of this section.
(1)
Upon receipt of a written complaint that a licensee or certificate holder has
engaged in any prohibited behavior or failed to satisfy responsibilities as
established in this administrative regulation, the commissioner shall cause an
investigation to be made of the matter.
(2) If the commissioner determines that there
is reason to believe the violations alleged, the commissioner shall conduct a
hearing in accordance with KRS Chapter 13B.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Form FPS-SC-2 and 2a,
Application for Certificate of Competency; Fire Protection Sprinkler Systems,
May 2021;
(b) Form FPS-SL-1,
Application for Contractor License; Fire Protection Sprinkler Systems, May,
2001;
(c) Form FPS-RC-2 and 2a,
Application for Certificate of Competency; Fire Protection Rangehood, May
2021;
(d) Form FPS-RL-1,
Application for Contractor License; Fire Protection Rangehood, May
2001;
(e) Form FPS-CC-2 and 2a,
Application for Certificate of Competency; Fire Protection Chemical, May, 2021;
and
(f) Form FPS-CL-1, Application
for Contractor License; Fire Protection Chemical, May, 2001.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort,
Kentucky 40601, between 8 a.m. and 4:30 p.m., Monday through Friday.
STATUTORY AUTHORITY:
KRS
198B.555