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.668, 198B.672, 198B.676, EO 2009-535

      STATUTORY AUTHORITY: KRS 198B.654(1), 198B,658, 198B.660(1), (2), 198B.664(1),(3), 198B.676(1), 198B.684, EO 2009-535

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654(1) 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 198B.658 requires the board to establish qualifications for licensure and certification. KRS 198B.660(1) and (2) requires the board to establish examination requirements. KRS 198B.664(1) and (3) require the board to establish requirements for license renewal and inactive licenses. KRS 198B.684 authorizes the board to promulgate an administrative regulation with standards for continuing education for licensees and certificate holders. EO 2009-535, effective June 12, 2009, reorganized the Office of Housing, Buildings and Construction as the Department of Housing, Buildings and Construction, and established the commissioner, rather than executive director, as the head of the department. KRS 198B.676(1) requires the board to establish fees by administrative regulation. This administrative regulation establishes the licensure requirements for HVAC contractors.

 

      Section 1. General Requirements. (1) Continuing education.

      (a) Each licensee shall complete eight (8) hours of continuing education prior to renewal of the license.

      (b) The continuing education shall be conducted in accordance with 815 KAR 8:050.

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

      (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 that license and paying the change of information fee listed in Section 7(5) of this administrative regulation.

 

      Section 2. Initial Application Requirements. (1) Filing the application.

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

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

      2. An initial license application fee of $250 for a twelve (12) month license. The initial license fee 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;

      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 recent 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 3. Inactive License Status. (1)(a) A licensee may request that a license be placed in inactive status.

      (b) A licensee shall not perform HVAC work while the license is inactive.

      (2) A master HVAC contractor licensee in inactive status shall not be required to maintain insurance as required by KRS 198B.668 or provide proof to the Department of Housing, Buildings and Construction of compliance with workers’ compensation laws.

      (3) A certified HVAC inspector may be licensed as a master HVAC contractor, but shall place the license in inactive status while having an active HVAC inspector certification.

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

      (1) A completed Master HVAC Contractor License Examination Application on Form HVAC 6 shall be submitted to the Division of HVAC.

      (2) The examination shall be a two (2) part examination and 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) An applicant who fails a portion of the examination may reapply within one (1) year to repeat the failed portion of the examination.

      (4) An applicant who fails re-examination shall be required to sit for the full examination.

      (5) Reasonable accommodations shall be made if necessary to provide accessibility to disabled applicants, upon request.

      (6) Except as provided in subsection (11) of this section, an applicant shall complete with a passing score of at least seventy (70) percent the examination known as the "Kentucky Master HVAC Contractor Examination", which is developed, administered, and scored by the board or its designee.

      (7)(a) A request to sit for the examination shall be made directly to the testing facilities approved by the board.

      (b) A list of facilities and contact information shall be provided to applicants following receipt of the examination application.

      (8) The examination fee shall not exceed $160 for the Kentucky Master HVAC Contractor Examination.

      (9) The examination shall be provided as set forth in KRS 198B.060.

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

      (11) 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 board 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 board's examination.

 

      Section 5. Experience Requirements. An applicant for licensure 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.

      (a) Proof of listed experience shall be provided by W-2s or an affidavit by a master HVAC contractor.

      (b) 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) Filing for renewal. A master HVAC contractor shall submit to the department:

      (a) A completed renewal application card;

      (b) A renewal fee of $250 made payable to the Kentucky State Treasurer;

      (c) Proof of annual continuing education attendance in accordance with Section 1 of this administrative regulation; and

      (d) Completed continuing provider evaluation forms for each continuing education class attended.

      (2)(a) Except for a license placed in inactive status in accordance with subsection (6) 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.

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

      (4) 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.

      (5) 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 2 of this administrative regulation.

      (6) A license that has been placed in inactive status shall be exempt from annual renewal. 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 8:050.

      (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 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 1(1) of this administrative regulation; or

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

      (9) 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 the 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(6) 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 5(6) of this administrative regulation.

      (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. The fee for the change of information required by Section 1(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, January 2010; and

      (b) Form HVAC 6, Master HVAC Contractor License Examination Application, January 2010.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department 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. 2-10-1995; Am. 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.)