815 KAR 8:040. Heating, ventilation, and air conditioning (HVAC) contractor application reviews.

      RELATES TO: KRS 198B.658, 198B.666

      STATUTORY AUTHORITY: KRS 198B.658

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.654 requires the Board of Heating, Ventilation and Air Conditioning (HVAC) Contractors to promulgate administrative regulations to administer, coordinate and enforce the HVAC contractor's law. This administrative regulation is a supplement to 815 KAR 8:010 and 8:020, and establishes a mechanism for the board to review and approve equivalent experience when an applicant seeks to become licensed as an HVAC master contractor or journeyman mechanic by examination. This administrative regulation is necessary to treat qualified persons similarly and not to unfairly discriminate or deny equal protection with respect to residents and nonresidents, alike.

      Section 1. Procedure for Board Review. For applicants seeking to be licensed on the basis of experience and examination:

      (1) The board may authorize the Office of Housing, Buildings and Construction to review all applicants and issue licenses to all persons who meet the technical requirements of 815 KAR 8:010 and 8:020.

      (2) Any application which is not approvable by the department, pursuant to subsection (1) of this section, shall be referred to and reviewed by the board.

      (3) The board shall review the credentials of the applicant and approve the application if it finds that the applicant's credentials are equivalent to the requirements provided in 815 KAR 8:010 and 8:020.

      Section 2. Equivalency Standard. The board may consider the following in reviewing an applicant's credentials:

      (1) Installation, maintenance, alteration, servicing, repair of HVAC systems;

      (2) The skilled instruction of others in HVAC activities and knowledge;

      (3) Any other related technical, mechanical or educational experiences relating to the skills, knowledge and techniques needed for type of license requested;

      (4) The quality and duration of the experience, without regard to the time frame or the location in which the experience was completed;

      (5) Other information and documentation as the board may deem necessary or appropriate. (22 Ky.R. 505; Am. 915; eff. 11-6-95; TAm eff. 8-9-2007.)