Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
198B.654, 198B.6671-198B.6678, Chapter
236
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.654(1)(a) requires the
department to promulgate administrative regulations to administer, coordinate,
and enforce
KRS
198B.650 through
198B.689.
KRS
198B.6673(1) requires the
department to establish a reasonable schedule of fees to be paid for HVAC
installation permits and inspections. This administrative regulation
establishes the process, procedures, and fees for obtaining HVAC installation
permits in Kentucky.
Section 1. Permit
Required.
(1) An HVAC installation permit
shall be required for the initial heating, ventilation, or air conditioning
system:
(a) For all new construction
installations of heating, ventilation, or air conditioning systems;
(b) For all construction additions in which
an additional heating, ventilation, or air conditioning system is installed;
and
(c) For all existing buildings
in which the first heating, ventilation, or air conditioning system is being
installed.
(2) Permit
application. An application shall be made for a permit prior to installation on
the appropriate form:
(a) HVAC Construction
Permit Application: Commercial Buildings;
(b) HVAC Construction Permit Application:
Multi-family Dwellings;
(c) HVAC
Construction Permit Application: One & Two Family Dwellings; or
(d) HVAC Construction Permit Application:
Homeowner One & Two Family Dwellings.
Section 2. Issuance of HVAC Permits.
(1) A permit to construct, install, or alter
a heating, ventilation, or air conditioning system shall only be issued to a
licensed master heating, ventilation, and air conditioning contractor, except
as provided by subsection (2) of this section.
(2) A permit to construct, install, or alter
a heating, ventilation, or air conditioning system shall be issued to a
homeowner who installs a heating, ventilation, or air conditioning system in
the homeowner's legal residence or in a home constructed by a homeowner for
personal residential use, if all the requirements of this subsection are met.
(a) Application for the permit shall be made
on the HVAC Construction Permit Application: Homeowner One (1) & Two (2)
Family Dwellings prior to the initiation of the HVAC work.
(b) The homeowner shall file with the
application:
1. An affidavit stating that the
homeowner shall abide by the terms of this administrative regulation;
2. Proof of adequate sizing of heating,
ventilation, or air conditioning system to be installed; and
3. A complete design plan of all related duct
and piping of system.
(c) All work shall be performed in compliance
with the Kentucky Residential Code in
815 KAR
7:125 and the Kentucky Building Code in
815 KAR
7:120.
(d)
All the work shall be personally performed by the owner.
(3) Only one (1) homeowner HVAC construction
permit shall be issued to an individual within a five (5) year
period.
Section 3.
Issuance of HVAC Related Permits.
(1) A permit
shall be issued and inspections performed upon request for the replacement of:
(a) Furnaces;
(b) Condensing units;
(c) Heat pumps;
(d) Fan coil units;
(e) Chiller systems; or
(f) Heating boiler systems not covered by KRS
Chapter 236.
(2) An HVAC
correction and testing permit may be requested for projects in which a
contractor assumes responsibility to:
(a) Make
corrections;
(b) Test an
installation performed by another contractor; or
(c) Install a system for which another master
contractor has obtained a permit.
Section 4. Permit Fees.
(1) One (1)- and Two (2)- Family Dwelling
Installations and Homeowner permits. The fee for each heating, ventilation, or
air conditioning system installation permit for one (1)- and two (2)- family
dwellings and Homeowner permits shall be $105 for the first system plus fifty
(50) dollars for each additional system.
(2) Multi-Family Dwelling Installations. The
fee for each heating, ventilation, or air conditioning system installation
permit for multi-family dwellings other than duplexes, shall be $105 for the
first system plus fifty (50) dollars for each additional system.
(3) Commercial installations.
(a) The fee for each heating, ventilation, or
air conditioning system installation permit other than one (1), two (2), and
multi-family dwellings shall be based upon the total dollar value of each HVAC
installation, either actual or estimated.
(b)
1. The
installing contractor shall supply the total dollar value of the installation,
including labor and material costs regardless of the purchaser.
2. Except as provided in subparagraph 3b of
this paragraph, an exact figure does not need to be quoted or divulged to the
HVAC inspector or department.
3.
The permit application shall include a statement signed by the applicant
affirming that the total dollar value of the installation lies within certain
limits, as listed in the left column of the table in clause c of this
subparagraph and as established in clause d of this subparagraph.
a. The fees for heating, ventilation, or air
conditioning system installation are listed in the right column of the
table.
b. The department may
request documented proof of costs from the permit applicant if the true value
is in question.
c. The permit fee
shall be calculated as follows:
Amount in dollars
|
Permit fee
|
$2,000 or less
|
$125
|
$2,001 to $10,000
|
$180
|
$10,001 to $25,000
|
$270
|
$25,001 to $50,000
|
$330
|
$50,001 to $75,000
|
$390
|
$75,001 to $100,000
|
$500
|
$100,001 to $150,000
|
$630
|
$150,001 to $200,000
|
$760
|
$200,001 to $250,000
|
$885
|
$250,001 to $300,000
|
$1,025
|
$300,001 to $400,000
|
$1,150
|
$400,001 to $500,000
|
$1,500
|
$500,001 to $600,000
|
$1,725
|
$600,001 to $700,000
|
$1,900
|
$700,001 to $800,000
|
$2,125
|
$800,001 to $900,000
|
$2,355
|
$900,001 to $1,000,000
|
$2,590
|
$1,000,001 to $1,100,000
|
$2,820
|
$1,100,001 to $1,200,000
|
$3,050
|
$1,200,001 to $1,300,000
|
$3,280
|
$1,300,001 to $1,400,000
|
$3,510
|
$1,400,001 to $1,500,000
|
$3,735
|
$1,500,001 to $1,600,000
|
$3,965
|
d. The
permit for a commercial installation valued over $1,600,000 shall be calculated
at the cost of $3,965 plus $200 per $100,000 or fraction thereof in excess of
$1,600,000.
(4) Request permit fees.
(a) One (1) and two (2) family dwelling and
homeowner. A permit request pursuant to Section 3(1) of this administrative
regulation for a one (1) or two (2) family dwelling, or by a homeowner shall be
seventy-five (75) dollars.
(b)
Commercial. The fee for a permit requested pursuant to Section 3(1) of this
administrative regulation for a commercial project shall be calculated the same
as subsection (3) of this section.
(5) Correction and Testing Permits. The
correction and testing permit fee shall be seventy-five (75) dollars if
application for a permit does not include any new installation.
Section 5. Inspection Fees.
(1) Each heating, ventilation, or air
conditioning system permit shall include three (3) heating, ventilation, or air
conditioning system inspections at no additional cost.
(2)
(a) A
heating, ventilation, or air conditioning system inspection in excess of the
three (3) provided with purchase of permit shall be performed at the rate of
fifty (50) dollars per inspection.
(b) Payment shall be received by the
inspecting authority prior to the final inspection approval being
granted.
Section
6. Expiration of Permits.
(1) A
heating, ventilation, or air conditioning system installation permit issued
under this administrative regulation shall expire six (6) months after the date
of issuance unless the permitted work has begun.
(2) If construction begins within six (6)
months of permit issuance:
(a) The permit
shall be effective until completion of the planned heating, ventilation, or air
conditioning system inspection; or
(b) If the work ceases on a permitted project
for a period exceeding twelve (12) months, the permit shall be void.
Section 7.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"HVAC Construction Permit Application: Commercial Buildings", Form HVAC 27, May
2020;
(b) "HVAC Construction Permit
Application: Multi-family Dwellings", Form HVAC 28, May 2020;
(c) "HVAC Construction Permit Application:
One (1) & Two (2) Family Dwellings", Form HVAC 29, May 2020; and
(d) "HVAC Construction Permit Application:
Homeowner One (1) & Two (2) Family Dwellings", Form HVAC 30, May
2020.
(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, 8:30 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
198B.654(1)(a),
198B.6673(1)