815 KAR 8:020. Journeyman heating, ventilation, and air conditioning (HVAC) mechanic licensing requirements.

 

      RELATES TO: KRS 198B.650, 198B.654, 198B.656, 198B.658, 198B.660, 198B.662, 198B.664, 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 journeyman HVAC mechanics.

 

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

      (a) Each journeyman 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 journeyman shall be physically on site; shall personally observe and be responsible for each apprentice assigned to the journeyman in carrying out the installation, alteration, and repair of HVAC systems; and shall otherwise operate under the general direction of the master.

 

      Section 2. Initial Application Requirements. (1) Filing the application. An applicant seeking a journeyman HVAC mechanic license shall submit to the board:

      (a) A completed Journeyman Mechanic HVAC License Application on Form HVAC 2;

      (b) An initial license application fee of fifty (50) dollars 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;

      (c) Proof of satisfactory completion of the examination required by Section 3 of this administrative regulation;

      (d) Proof of the applicant's experience as required by KRS 198B.658(2)(b) and Section 4 of this administrative regulation; and

      (e) A recent passport-sized color photograph of the applicant.

      (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 submitted.

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

 

      Section 3. Examination Requirements. An applicant shall take and pass the examination administered in compliance with this section. (1) A completed Journeyman HVAC Mechanic License Examination Application on Form HVAC 7 shall be submitted to the division;

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

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

      (4) Except as provided by subsection (8) of this section, an applicant shall successfully complete with a passing score of at least seventy (70) percent the examination known as the "Kentucky Journeyman HVAC Mechanic Examination", which is developed, administered, and scored by the board or its designee.

      (5)(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.

      (6) The cost shall not exceed $100 for the Kentucky Journeyman HVAC Mechanic Examination.

      (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 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 examinations cover the same material and require the same level of knowledge as the board's examinations.

 

      Section 4. 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(2)(b).

      (2) Records of experience.

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

      (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.

      (3) A minimum of 3,000 work hours shall be completed as part of the two (2) years experience requirement of subsection (1) of this section.

 

      Section 5. Renewal Requirements and Procedures. (1) Filing for renewal. A journeyman HVAC mechanic shall submit to the department:

      (a) A completed renewal application card;

      (b) A renewal fee of fifty (50) dollars 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 renewal fee of fifty (50) dollars shall be paid prior to renewal.

      (a) The department shall send renewal cards to each licensee to be returned no later than the last day of the licensee's birth month.

      (b) Licenses shall be renewed each year.

      (3) A journeyman HVAC license renewal 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 6(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 2 of this administrative regulation.

      (5) A request for renewal of a licensed journeyman HVAC mechanic shall be denied if the applicant fails to:

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

      (b) Comply with the continuing education requirements.

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

      (7) Continuing education requirements shall not be required for renewal provided the initial license was issued within twelve (12) months of renewal.

 

      Section 6. Special Services and Fees. In addition to the initial license application fee, examination fee, and renewal fee, the following special fees shall be applied:

      (1) Restoration fee. The fee for renewal of expired licenses, pursuant to Section 5(2) of this administrative regulation, shall be twenty-five (25) dollars.

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

 

      Section 7. Revocation or Suspension of License. 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 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Form HVAC 2, Journeyman Mechanic HVAC License Application, January 2010; and

      (b) Form HVAC 7, Journeyman HVAC Mechanic 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. 1612; eff. 2-10-1995; Am. 22 Ky.R. 794; eff. 12-7-1995; 2337; 23 Ky.R. 438; 1396; eff. 9-11-1996; 24 Ky.R. 952; eff. 12-15-1997; 26 Ky.R. 1707; eff. 5-22-2000; 27 Ky.R. 3370; eff. 8-15-2001; 31 Ky.R. 1904; 32 Ky.R. 80; eff. 7-27-2005; 36 Ky.R. 1350; 1928; eff. 3-5-2010.)