RELATES TO: KRS 198B.4003, 198B.4009, 198B.4011, 198B.4023, 198B.4025, 198B.4027, 198B.4033
STATUTORY AUTHORITY: KRS 198B.4009, 198B.4011, 198B.4023, 198B.4025
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 to 198B.540. KRS 198B.4009(1) requires elevator contractors to be licensed, and KRS 198B.4011 provides the eligibility requirements to be met for issuance of an elevator contractor’s license. KRS 198B.4023 authorizes the department to promulgate administrative regulations establishing the requirements for inactive license and reactivation procedures. KRS 198B.4025 establishes the continuing education requirements for elevator licensee renewals. KRS 198B.4027 provides the minimum insurance requirements for elevator contractor licensees. KRS 198B.4009(3) authorizes fees for the elevator licensure program to implement KRS 198B.400 through 198B.540. This administrative regulation establishes the licensure requirements for elevator contractors.
Section 1. General Requirements. (1) Supervision. The elevator contractor shall supervise generally, and be primarily responsible for, all elevator work performed by the mechanics, employees, and subcontractors of the licensee.
(2) Company license. 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, requesting a change of information on that license and paying the change of information fee established in Section 6(5) of this administrative regulation.
Section 2. Initial Application Requirements. (1) Filing the application.
(a) An applicant seeking an elevator contractor license shall submit to the department:
1. A completed, signed, and notarized Elevator Contractor License Application on Form EV-3;
2. An initial license application fee of $240 for a twelve (12) month license.
a. The initial license fee may be prorated.
b. If prorated, the initial license fee shall not be prorated for less than seven (7) months or more than eighteen (18) months;
3. Proof of applicant's experience as required by KRS 198B.4011;
4. A passport-sized color photograph of the applicant taken within the past six (6) months; and
5. Proof of insurance as required by KRS 198B.4027.
(b) If the 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.
(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 received by the department.
(b) At the end of one (1) year, the application shall be void.
Section 3. Inactive License Status. (1)(a) A licensee may request that a license be placed in inactive status.
(b) A licensee shall not perform elevator contracting work while the license is inactive.
(2) An elevator contractor licensee in inactive status shall not be required to maintain insurance as required by KRS 198B.4027 or provide proof to the Department of Housing, Buildings and Construction of compliance with workers’ compensation laws.
(3) A certified elevator inspector may be licensed as an elevator contractor, but shall place the elevator contractor license in inactive status while having an active elevator inspector certification.
(4) Performing elevator contracting work while holding an inactive license shall be grounds for revocation or suspension of all elevator licenses and certifications held by the licensee.
Section 4. Experience requirements. An applicant for licensure shall meet the experience requirements of this section. (1) Minimum experience. An applicant shall have:
(a) A minimum of three (3) years of verifiable experience as an elevator mechanic; or
(b) A current license, certification, or registration as an elevator contractor in another state whose standards are substantially equal to those of this Commonwealth as established in KRS Chapter 198B and 815 KAR Chapter 4.
(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 W-2s.
(b) Additional proof of experience may be requested by the department, prior to or after licensing, if the department has reason to believe that the experience shown is insufficient, falsified, or nonexistent.
Section 5. Renewal and Reactivation Requirements and Procedures. (1) Filing for renewal. Licenses shall be renewed each year. To renew a license, an elevator contractor shall submit to the department:
(a) A completed, signed and notarized Elevator License Renewal Application on Form EV-7;
(b) A renewal fee of $240 made payable to the Kentucky State Treasurer;
(c) Proof of attendance and completion of eight (8) hours of annual continuing education prior to the application for renewal in accordance with KRS 198B.4025; and
(d) Completed continuing provider evaluation forms for each continuing education class attended.
(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 6(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, and the applicant shall comply with all requirements for a new license pursuant to Section 2 of this administrative regulation for reinstatement. A reinstatement fee, in accordance with Section 6(2) of this administrative regulation, shall be added to the annual renewal fee.
(5) Inactive elevator contractor status and renewal requirements.
(a) To place the elevator contractor’s license in inactive status, an elevator contractor shall pay annually an inactive status fee of $120.
(b) An inactive elevator contractor shall not:
1. Secure an elevator permit;
2. Advertise; or
3. Represent himself as an elevator contractor currently authorized to contract elevator work in the commonwealth.
(6) Continuing education requirements shall not be required for renewal, if the initial license was issued within twelve (12) months of renewal.
(7) The application for renewal or reactivation of a licensed elevator contractor shall be denied for incompleteness if the applicant fails to:
(a) Pay the fees required for renewal, reactivation, and restoration, if applicable;
(b) Comply with elevator contractor continuing education requirements;
(c) Provide the current insurance certificates required by KRS 198B.4027; or
(d) Submit the renewal application as required by this section.
(8) To reactivate an elevator contractor license, the inactive elevator contractor shall pay the annual renewal fee, the additional $120 reactivation fee, and comply with the continuing education requirements established in 815 KAR 4:050.
Section 6. 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 expired licenses shall be fifty (50) dollars.
(2) Reinstatement fee. The fee for reinstatement of a terminated license shall be $100.
(3) Reactivation fee. The fee for reactivation of an inactive license shall be $120.
(4) Duplicate license fee. A verified lost or destroyed license shall be replaced upon payment of a ten (10) dollar fee.
(5) Change of information fee.
(a) The fee for the change of information required by Section 1(2) of this administrative regulation shall be fifteen (15) dollars.
(b) If a change of information request is simultaneous with license renewal, this fee shall not be applicable.
Section 7. Revocation or Suspension of Licenses. A license issued pursuant to this administrative regulation may be suspended or revoked by the department for any of the reasons established in KRS 198B.4033.
Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Elevator Contractor License Application", Form EV-3, September 2013; and
(b) "Elevator License Renewal Application" Form EV-7, June 2013.
(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 Section, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to 4:30 p.m. (38 Ky.R. 436; 916; eff. 11-30-11; 39 Ky.R. 622; 1162; eff. 1-4-13; 40 Ky.R.; 40 Ky.R. 461; 824; eff. 10-23-13.)