815 KAR 8:010. Master heating, ventilation, and air conditioning (HVAC) contractor licensing requirements.

 

      RELATES TO: KRS 198B.650, 198B.654, 198B. 656, 198B.658, 198B.660, 198B.662, 198B.664, 198B.676, 198B.684

      STATUTORY AUTHORITY: KRS 198B.654(1), 198B,658, 198B.660(1), (2), 198B.664(3), 198B.676(1), 198B.684

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654 requires the Board of Heating, Ventilation and Air Conditioning Contractors to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.650 to 198B.689. KRS 198.658 requires the board to promulgate an administrative regulation to establish qualifications for licensure and certification. KRS 198B.660(1) and (2) requires the board to establish examination requirements. KRS 198B.664(3) requires the board to establish requirements for license renewal and inactive licenses. KRS 198B.676(1) requires the board to establish fees. This administrative regulation establishes the licensure requirements for HVAC contractors.

 

      Section 1. Definitions. (1) "Journeyman HVAC mechanic" or "journeyman" is defined by KRS 198B.650(10).

      (2) "Master HVAC contractor" or "master" is defined by KRS 198B.650(12).

      (3) "Supervise" means exercising authority and responsibility for the direction of all persons engaged in carrying out the actual work on HVAC systems, including the authority to exercise independent judgment regarding activities of others acting under his direction.

 

      Section 2. General Requirements. Continuing education. Each licensee shall complete eight (8) hours of continuing education prior to renewal of the license. The continuing education shall be conducted by an approved training agency in accordance with the Standards and Policies for Accredited Organizations: Kentucky HVAC Master Contractor Education.

      (2) Supervision.

      (a) The master shall supervise and be primarily responsible for all HVAC work performed by the employees and subcontractors of the licensee.

      (b) The master shall assign each apprentice to the oversight of one (1) or more journeyman.

      (3) Company license. A licensee who is an employee of a company and whose license represents the company shall notify the board, in writing, if the licensee ceases to represent the company or if the name of the company changes, requesting a change of information on his license and paying the change of information fee listed in Section 7(5) of this administrative regulation.

 

      Section 3. Initial Application Requirements. (1) Filing the application.

      (a) An applicant seeking a master HVAC contractor license shall submit to the board:

      1. A completed Master HVAC Contractor License Application on Form HVAC 1;

      2. A nonrefundable initial license application fee of $250;

      3. Proof of satisfactory completion of the examination required by Section 4 of this administrative regulation;

      4. Proof of the applicant’s experience as required by KRS 198B.658(1)(b) and this administrative regulation;

      5. A passport-sized color photograph of the applicant; and

      6. Proof of insurance as required by KRS 198B.668.

      (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. 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. At the end of one (1) year, the application shall be void.

 

      Section 4. Examination Requirements. An applicant shall take and pass the examination administered in compliance with this section.

      (1) The examination shall test the applicant's knowledge of codes, standards, laws and administrative regulations and of current technological and industry recommended practices with respect to the proper installation, maintenance, repair, remodeling or alteration of all types of HVAC systems.

      (2) Reasonable accommodations shall be made if necessary to provide accessibility to disabled applicants, upon request. An oral examination shall be given upon good cause shown.

      (3) Except as provided in subsection (8) of this section, an applicant shall successfully complete the examination known as the "Kentucky Master HVAC Contractor Examination" which is developed, administered and scored by the International Code Council with a passing grade of seventy (70) percent.

      (4) Requests to sit for the examination shall be made directly to the testing company.

      (5) The examination fee shall be set by the testing company and paid directly to the testing company.

      (6) The examination shall be provided and administered by the testing company as often as necessary but at least four (4) times a year at various locations.

      (7) A passing score on the examination shall be valid for a period of two (2) years.

   (8) Upon application by a testing agency, a national code group or by an applicant for licensure, the office may recognize another examination as equivalent to the examinations administered by the International Code Council. The person or group submitting the examination shall demonstrate that the examinations cover the same material and require the same level of knowledge as the International Code Council examinations.

 

      Section 5. Experience Requirements. An applicant shall meet the experience requirements of this section.

      (1) Minimum experience. An applicant shall have the experience required by KRS 198B.658(1)(b).

      (2) Records of experience. An applicant's experience shall be listed on the application form. Additional proof of experience may be requested by the board, prior to or after licensing, if the board has reason to believe that the experience shown is insufficient or nonexistent.

 

      Section 6. Renewal and Reactivation Requirements and Procedures. (1) Except for licenses placed in inactive status, in accordance with subsection (5) of this section, application for license renewal shall be filed by each licensee no later than the last day of the licensee's birth month. Licenses shall be renewed each year.

      (2) A renewal fee of $250 shall be paid prior to renewal. The office shall send renewal application cards to each licensee each year to be returned with the required fee.

      (3) Renewal application cards filed late, but no more than ninety (90) days after the last day of the licensee's birth month, shall be accepted, but a restoration fee, in accordance with Section 7(1) of this administrative regulation, shall be added to the renewal fee.

      (4) Failure to renew ninety-one (91) days after the last day of the licensee's birth month shall void the license and the applicant shall comply with all requirements for a new license pursuant to Section 3 of this administrative regulation.

      (5) Licenses which have been placed in inactive status shall be exempt from annual renewal. An inactive license shall be reactivated upon payment of a renewal fee for the year reactivated and the reactivation fee and upon compliance with the continuing education requirements for each year of inactive status.

      (6) 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.

      (7) The application for renewal or reactivation of a licensed master HVAC contractor shall be denied if the applicant fails to:

      (a) Pay the fees required for renewal, reactivation and restoration, if applicable;

      (b) Comply with the continuing education requirements established in Section 2(2) of this administrative regulation; or

      (c) Provide the current insurance certificate required by KRS 198B.668.

      (8) A licensee who has not previously provided a passport-sized color photograph shall provide one (1) with the licensee's next renewal application.

 

      Section 7. 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) Inactive status fee. A licensee may place his license in "inactive status" upon payment of twenty (20) dollars. Inactive status shall be maintained until the licensee requests reactivation in accordance with Section 6(5) of this administrative regulation.

      (3) Reactivation fee. A license shall be reactivated upon payment of a fee of twenty (20) dollars and compliance with Section 6(5) of this administrative regulation.

      (4) Duplicate license fee. Verified lost or destroyed licenses shall be replaced upon payment of a ten (10) dollar fee.

      (5) Change of information fee. The fee for the change of information required by Section 2(3) of this administrative regulation shall be fifteen (15) dollars. If a change of information request is simultaneous with license renewal, this fee shall not be applicable.

 

      Section 8. Revocation or Suspension of Licenses. A license issued pursuant to this administrative regulation may be suspended or revoked by the board for any of the reasons stated in KRS 198B.672.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Form HVAC 1, Master HVAC Contractor License Application, March 2005; and

      (b) Standards and Policies for Accredited Organizations: Kentucky HVAC Master Contractor Education, June 2005.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Housing, Buildings and Construction, HVAC Division, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (21 Ky.R. 1610; eff. 2-10-95; Am. 22 Ky.R. 792; 1085; eff. 12-7-95; 2335; 23 Ky.R. 436; eff. 9-11-96; 24 Ky.R. 950; eff. 12-15-97; 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. 7-27-05.)