Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
198B.650,
198B.654,
198B.656,
198B.658,
198B.659,
198B.660,
198B.664,
198B.668,
198B.672,
198B.676
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.654(1) requires the
department to promulgate administrative regulations in accordance with KRS
Chapter 13A to administer, coordinate, and enforce the provisions of
KRS
198B.650 through
198B.689 and to conduct HVAC
examinations. KRS
198B.658 requires the department to establish
fees for HVAC licensure and certification.
KRS
198B.664 requires the department to establish
requirements, including fees, for license renewal and inactive licenses.
KRS
198B.676(1) requires the
department to establish fees by administrative regulation. This administrative
regulation establishes the licensure requirements for master HVAC contractors
and journeyman HVAC mechanics.
Section
1. General Requirements.
(1)
Master HVAC Contractor.
(a) Supervision. The
master HVAC contractor shall supervise and be primarily responsible for all
HVAC work performed by the employees and subcontractors of the licensee or the
company that the licensee represents, whichever is applicable.
(b) Company license. If a licensee, who is an
employee of a company and whose license represents the company, if the licensee
ceases to represent the company or if the name of the company changes, the
licensee shall:
1. Notify the department in
writing; and
2. Request a change of
information.
(c) Death
of a master HVAC contractor.
1. If the master
HVAC contractor representing a company dies, the company shall notify the
department within ten (10) days of the master HVAC contractor's
death.
2. The 180 day interim
period described in KRS 198B.667 shall begin on the
date the master HVAC contractor dies.
3. The company shall not be required to renew
the deceased's master HVAC contractor license, if the license renewal date
falls within the 180 interim period.
4. The company shall not use the deceased
master HVAC contractor license after the expiration date of the interim
period.
5. The company shall notify
the department when the company has a replacement master HVAC contractor to
represent the company on or before the expiration date of the interim
period.
(2)
Journeyman HVAC mechanic Supervision. The journeyman shall:
(a) Be physically on site;
(b) Personally observe and be responsible for
each apprentice assigned to the journeyman in carrying out the installation,
alteration, and repair of HVAC systems; and
(c) Otherwise operate under the general
direction and supervision of the master HVAC contractor.
Section 2. Initial Application
Requirements.
(1) Filing the application.
(a) Master HVAC contractor application. An
applicant seeking a master HVAC contractor license shall submit to the
department:
1. A completed Master HVAC
Contractor License Application on Form HVAC 1;
2. An initial license application fee of $250
for a twelve (12) month license;
3.
Proof of the applicant's experience as required by
KRS
198B.658(1)(c) and this
administrative regulation; and
4.
Proof of insurance as required by
KRS
198B.668.
(b) If the master HVAC 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.
(c) Journeyman HVAC mechanic application. An
applicant seeking a journeyman HVAC mechanic license shall submit to the
department:
1. A completed Journeyman HVAC
Mechanic License Application on Form HVAC 2;
2. An initial license application fee of
fifty (50) dollars for a twelve (12) month license; and
3. Proof of the applicant's experience as
established by KRS
198B.658(2)(c).
(d) Initial license fees 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.
(e) Master HVAC contractor applicants and
journeyman HVAC mechanic applicants shall provide to the department proof of
satisfactory completion of the respective examination required by Section 4 of
this administrative regulation.
(f)
Master HVAC contractor applicants and journeyman HVAC mechanic applicants shall
provide to the department a passport-sized, color photograph of the applicant
taken within the past six (6) months.
(2) Termination of 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 submitted to the department.
(b) At the end of one (1) year, the
application shall be voided.
Section 3. An applicant for reciprocity
shall:
(1) Comply with the requirements
established in the reciprocity agreement between Kentucky and the state in
which the applicant is licensed;
(2)
(a) For
a Master HVAC Contractor license, comply with Section 2(1)(a) and (b) of this
administrative regulation;
(b) For
a Journeyman HVAC mechanic license, comply with Section 2(1)(c) of this
administrative regulation; and
(c)
If applying for both licenses, submit the application fee for each license with
each application form.
Section 4. Examinations.
(1) The HVAC examinations shall be developed,
administered, and scored by the department or its designee.
(2) Master HVAC Contractor examination
requirements. The examination shall test the applicant's knowledge of:
(a) Codes, standards, and current
technological and industry recommended practices with respect to the proper
installation, maintenance, repair, remodeling, or alteration of all types of
HVAC systems; and
(b) Law and
regulation relating to HVAC business.
(3) Journeyman HVAC mechanic examination
requirements.
(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, and repair, remodeling, or alteration of all types of HVAC
systems.
(b) A journeyman HVAC
mechanic applicant may apply the passage of a master HVAC contractor's
examination for the journeyman HVAC mechanic's examination requirement. The
applicant may use the same master HVAC contractor's examination score to
satisfy the master HVAC contractor's examination requirement if the examination
score is valid pursuant to subsection (7) of this section.
(4) Except as provided in subsection (8) of
this section, an applicant shall pass with a score of at least seventy (70)
percent on the examination.
(5)
Examination requests.
(a) Examination
applicants who wish to take any HVAC examination provided by the department
shall submit to the department:
1. A completed
HVAC Examination Registration Form, Form HVAC-4;
2. The appropriate, non-refundable
examination fee:
a. For a master HVAC
contractor, $150; or
b. For a
journeyman HVAC mechanic, fifty (50) dollars; and
3. A passport-sized color photograph of the
applicant taken within the past six (6) months.
(b) Notice of the time and place of
examinations shall be given by the department at least one (1) week prior to
the date of the examination to each person who has a registration form on
file.
(c) If an applicant fails to
complete the department-provided examination within one (1) year from the date
of the first notice of examination, the application shall be void.
(d) An applicant who fails an examination may
request to retake the examination. Except for the examination fee, an applicant
shall not resubmit the requirements in paragraph (a) of this
subsection.
(e) A request to sit
for an examination provided by any facility other than the department shall be
made directly to a testing facility approved by the department.
(f) A list of facilities and contact
information shall be provided by the department to applicants upon
request.
(6) The
examination shall be provided as set forth in
KRS
198B.660.
(7) A passing score on the 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 if the person or group submitting the examination demonstrates
that the examination covers the same material and requires the same level of
knowledge as the department's examination.
(9) Reasonable accommodations shall be made
if necessary to provide accessibility to disabled applicants, upon
request.
Section 5.
Experience Requirements.
(1) Records of
experience. An applicant's experience shall be listed on the application form.
(a) Proof of experience shall be provided by:
1. A W-2 form;
2. An affidavit by a master HVAC contractor
who directed and supervised the applicant;
3. A copy of a current master HVAC contractor
license, journeyman HVAC mechanic license, or equivalent, held by the applicant
in a state other than Kentucky, if the state requires licensure or
equivalent;
4. Verifiable
documentation demonstrating the nature and extent of HVAC contracting work
performed in a state other than Kentucky, if the state does not require
licensure or the equivalent; or
5.
Department of Defense form DD 214.
(b) Additional proof of experience shall be
requested by the department, prior to or after licensing, if the department has
reason to believe that the experience shown is insufficient or
nonexistent;
(2) One (1)
year of HVAC experience shall consist minimally of 1,500 hours of HVAC work in
a continuous twelve (12) month period.
Section 6. Inactive License Status.
(1) A licensee may request that his or
herlicense be placed in inactive status.
(2) A master HVAC contractor licensee in
inactive status shall not be required to maintain insurance as required by
KRS
198B.668.
(3) A license that is in inactive status
shall be exempt from annual renewal.
(4) A certified HVAC inspector may be
licensed as a master HVAC contractor or licensed as a journeyman HVAC mechanic,
but shall place the license in inactive status while having an active HVAC
inspector certification.
(5)
Performing HVAC work while holding an inactive license shall be grounds for
revocation or suspension of all HVAC licenses and certifications held by the
licensee.
Section 7.
Renewal, Restoration, Reinstatement, and Reactivation Requirements and
Procedures.
(1) Filing for renewal. A master
HVAC contractor and a journeyman HVAC mechanic shall submit to the department:
(a) A completed renewal application
notice;
(b)
1. A renewal fee of $250 made payable to the
Kentucky State Treasurer for a master HVAC contractor; or
2. A renewal fee of fifty (50) dollars made
payable to the Kentucky State Treasurer for a journeyman HVAC
mechanic;
(c) Proof of
annual continuing education attendance in accordance with
815 KAR 2:010; and
(d) Proof of insurance as required by
KRS
198B.668 for a master HVAC
contractor.
(2)
(a) Except for a license placed in inactive
status, application for license renewal shall be filed no later than the last
day of the licensee's birth month.
(b) A license shall be renewed each
year.
(c) A license that is not
timely renewed shall immediately expire.
(3)
(a) The
renewal fee shall be paid prior to renewal.
(b) The department shall send a renewal
application notice to each licensee each year to be returned with the required
fee.
(4) A renewal
application notice filed late, but not more than sixty (60) days after the
expiration of the license, shall be accepted, but a restoration fee, as
established in Section 8(1) of this administrative regulation, shall be added
to the renewal fee.
(5)
(a) A former licensee whose license has
terminated as established in
KRS
198B.664(3) may have his or
her license reinstated if the licensee satisfies the application requirements
for renewal as established in subsection 1 of this section and submits a
reinstatement fee as established in Section 8(4) of this administrative
regulation no later than three (3) years from the date the former license was
terminated.
(b) A former licensee
seeking licensure under this administrative regulation, but whose terminated
license was not timely reinstated as established in paragraph (a) of this
subsection, shall be required to satisfy all requirements applicable to new
applicants for initial licensure as established in this administrative
regulation.
(6) An
inactive license shall be reactivated upon payment of the annual renewal fee,
the reactivation fee, and upon compliance with the continuing education
requirements established in
815 KAR 2:010.
(7) 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.
(8) The application for
renewal, restoration, reinstatement, or reactivation shall be denied if the
applicant fails to:
(a) Pay any applicable
department fee;
(b) Comply with the
continuing education requirements established in
815 KAR 2:010; or
(c) Provide the current insurance certificate
required by KRS
198B.668, if a master HVAC
contractor.
(9) A
licensee who has not previously provided a passport-sized color photograph
shall provide one (1) with the licensee's next application for
renewal.
Section 8.
Special Service Fees. In addition to the other fees required by this
administrative regulation, the special fees established in this section shall
also be applied.
(1) Restoration fee.
(a) The fee for restoration of an expired
master HVAC contractor license shall be $125.
(b) The fee for restoration of an expired
journeyman HVAC mechanic license shall be twenty-five (25) dollars.
(2) Inactive status fee. The fee
to place a license into inactive status shall be twenty (20) dollars.
(3) Reactivation fee. The fee for
reactivation of an inactive license shall be twenty (20) dollars.
(4) Reinstatement fee.
(a) Master HVAC contractor. The fee for
reinstatement of a terminated master contractor shall be $250 for each twelve
(12) month period, or additional fraction thereof, following the date the
license was terminated, not to exceed $750.
(b) Journeyman HVAC mechanic. The fee for
reinstatement of a terminated journeyman HVAC mechanic license shall be fifty
(50) dollars for each twelve (12) month period, or additional fraction thereof,
following the date the license was terminated, not to exceed $150.
Section 9. Revocation
or Suspension of License. A license issued pursuant to this administrative
regulation shall be subject to suspension or revocation by the department for
any of the reasons stated in
KRS
198B.672.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Master HVAC Contractor License
Application", Form HVAC 1, May 2020;
(b) "Journeyman HVAC Mechanic License
Application", Form HVAC 2, May 2020; and
(c) "HVAC Examination Registration Form",
Form HVAC-4, March 2022.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Housing,
Buildings and Construction, Division of Heating, Ventilation, and Air
Conditioning, 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.
21 Ky.R. 1610;
eff. 2-10-1995; 22 Ky.R. 792; 1085; eff. 12-7-1995; 2335; 23 Ky.R. 436; eff.
9-11-1996; 24 Ky.R. 950; eff. 12-15-1997; 26 Ky.R. 1705; eff. 5-22-2000; 27
Ky.R. 3368; eff. 8-15-2001; 31 Ky.R. 1902; 32 Ky.R. 79; eff. 7-27-2005; 36
Ky.R. 1347; 1927; eff. 3-5-2010; 41 Ky.R. 1184; eff. 3-6-2015; 45 Ky.R. 800,
1539; eff. 1-4-2019; TAm eff. 5-29-2020;
48
Ky.R. 3056; 49 Ky.R. 813; eff.
1/3/2023.
STATUTORY AUTHORITY:
KRS
198B.654(1),
198B.658,
198B.664,
198B.676(1)