Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
171.450,
198B.650
- 198B.689
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
198B.654(1) requires the
department to promulgate administrative regulations necessary to enforce the
provisions of
KRS
198B.650 to
198B.689.
KRS
198B.6673(2) requires the
department to authorize local governing entities to establish HVAC inspection
and permitting programs upon application. This administrative regulation
establishes the requirements for local HVAC inspection and permitting
programs.
Section 1. Uniform Criteria
for Authorizing HVAC Inspection and Permitting Program. To petition the
department, an individual governing entity or combination of entities applying
for approval for an HVAC inspection program shall comply with the requirements
established in this administrative regulation.
(1) A local governing entity or combination
of entities shall complete Notice of Local HVAC Inspection Program, Form HVAC
31, and submit it to the Department of Housing, Buildings, and Construction,
Division of HVAC together with supporting documentation required by this
administrative regulation.
(2)
Qualified HVAC inspector and plan reviewer required. A local jurisdiction
administering a local HVAC inspection program shall employ a qualified person
to perform HVAC installation plan reviews and inspections. To be qualified, an
inspector shall be licensed or certified in accordance with the provisions of
KRS
198B.6673 and
198B.6678.
(3) Personnel. A complete list of HVAC
inspection program personnel, who shall be employed to enforce the HVAC code
within the local program's jurisdiction, shall be submitted to the Department
of Housing, Buildings and Construction, Division of HVAC. The list of personnel
shall include the name, job title, and certification or license status of each
individual.
(4) Installation
activity. The local HVAC program shall provide documentation of an estimation
of the anticipated plan review, permitting, inspection, and enforcement
activities for one (1) year to the Department of Housing Buildings and
Construction, Division of HVAC.
(5)
Schedule of fees. Each local inspection program shall adhere to the schedule of
fees established in
815 KAR
8:070, Sections 4 and 5, for the permitting and
inspection functions performed under the provisions of
KRS
198B.6671,
198B.6673,
and 815 KAR Chapter 8.
(6) Official
contact person. The local government shall identify an individual authorized to
correspond with the department.
(7)
Detailed map required. If a local government's inspection program consists of a
portion of a county, a detailed map shall be submitted to the department to
identify the areas subject to the program.
Section 2. Contractual Agreement. If the
department approves the Notice of Local HVAC Inspection Program, the department
shall prepare a contract to be executed by the department and local government
to authorize the local HVAC inspection program. The contract shall specify the
jurisdictional authority of each entity to provide clarity for the public and
to avoid duplication of services.
Section
3. State Jurisdiction. The department shall retain plan review,
permitting, inspection, and enforcement responsibility in accordance with the
Kentucky Building Code, 815 KAR Chapter 7, for all buildings that are:
(1) Institutional buildings; and
(2) Educational buildings or other facilities
required to be licensed by the Cabinet for Health and Family Services,
including day care centers, hospitals, and nursing homes, or other similar
facilities.
Section 4.
HVAC Complaints.
(1) A local government's
inspection program shall:
(a) Address all
complaints occurring within the jurisdiction related to HVAC;
(b) Document findings; and
(c) Document resolutions reached, if
any.
(2) If no
resolution is reached, the alleged violator may request a hearing on the matter
pursuant to KRS Chapter 13B.
Section
5. HVAC Violations.
(1) A local
government's HVAC inspection program shall:
(a) Investigate all violations that occur
within the jurisdiction;
(b) Issue
stop work orders; or
(c) Require
other remedial measures upon proof of violations.
(2) Local HVAC inspection programs shall
initiate contact with and fully cooperate with county and Commonwealth
attorneys regarding court cases resulting from a violation.
(3) A local government inspection program
representative shall act as a witness for the department on violations
resulting in a hearing pursuant to KRS Chapter 13B.
(4) Violations shall be documented in
writing.
Section 6.
Accounting of Fees.
(1) A local HVAC
inspection program shall maintain an accurate accounting of all HVAC plan
review, permitting, and inspection fees.
(2) The fees received shall be deposited no
less frequently than monthly in the local government's treasury or otherwise
disposed of as required by law.
Section 7. Record Retention and Audits.
(1) A local HVAC inspection program shall
maintain official records of:
(a) Applications
received;
(b) Permits and
certificates issued;
(c) Fees
collected;
(d) Inspection reports;
and
(e) Notices and orders
issued.
(2) Official
records shall be retained for at least the statutory period required for
retention of public records pursuant to
KRS
171.450.
(3) All documentation of violations and
complaints shall be maintained by the local HVAC inspection program in
compliance with
725 KAR
1:061 following resolution.
(4) Unresolved complaints shall be maintained
in compliance with
725 KAR
1:061 following receipt of initial
complaint.
Section 8.
Procedures for Maintaining Local HVAC Inspection Program.
(1)
(a) The
department shall monitor the program of local governments granted to a local
HVAC inspection and permitting program.
(b) If the local government is found to be in
violation of the requirements of this administrative regulation; the Kentucky
Building Code, 815 KAR Chapter 7; any terms of their agreement; or KRS Chapter
198B, the department shall cancel the agreement, rescind the local HVAC
inspection jurisdiction, and preempt the local program in its
entirety.
(2) Each
agreement for local HVAC inspection jurisdiction shall be in effect for three
(3) years, unless canceled subject to subsection (1) of this section or by
agreement of the parties in writing.
(3) The local government shall notify the
department within thirty (30) days of the date of any changes in personnel or
fees during the contract period.
(4)
(a) The
department shall review any potential deficiencies of a local government's HVAC
inspection program brought to the attention of the department.
(b) A representative of the local HVAC
inspection program shall be present during the department's review.
(5)
(a) The department shall reevaluate the HVAC
inspection program of the local government regarding continuation of the local
inspection program and renewal of the agreement before the expiration of the
three (3) year contract with the department.
(b) Upon approval by the department and the
local government, the department shall renew the contractual agreement for
three (3) years.
Section
9. Incorporation by Reference.
(1) "Notice of Local HVAC Inspection
Program", Form HVAC 31, May 2020, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Heating,
Ventilation, and Air Conditioning, Department of Housing, Buildings and
Construction, 500 Mero Street, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
198B.654(1),
198B.6673(2)