HB 241/LM (BR 492) - R. Webb, D. Pasley
AN ACT relating to heating, ventilation, and air conditioning.
Amend sections of KRS 198B.650 to 198B.689 and create new sections; establish process for city, county, urban-county and consolidated local governments, or joint entities of those, through ordinance, to issue permits and inspect heating, ventilation, and air conditioning installation and repair work within respective jurisdictions; allow local governments to retain fees to implement permit and inspection process; define "major repair"; require permit to include contractor's name, license number, and description of and site location where work is to be done; allow permit to be valid for six months; allow Department of Housing, Buildings and Construction's Heating, Ventilation, and Air Conditioning Board to authorize local governing entities to issue permits and inspect heating, ventilation, and air conditioning installations and repairs and to serve as agents of the department; give department's heating, ventilation, and air conditioning inspectors concurrent jurisdiction with local inspectors; require inspectors employed by local governments to meet specific criteria; authorize heating, ventilation, and air conditioning agents of the department to issue stop orders for violations identified during inspections; establish jurisdictions for civil and criminal actions to be addressed; make provisions of this Act effective January 1, 2005; require board to promulgate administrative regulations by January 1, 2005, to implement provisions of this Act.
HB 241 - AMENDMENTS
HCS (1/LM) - Retain provisions of this Act, except to add a definition of "permit"; eliminate permit requirement for installation or major repairs performed on a manufactured home by a retailer or on buildings located on agricultural property; limit program fees to the actual costs of the program; permit the department with approval of the Board to authorize local government entities to administer the program and permit the department to contract with the entity regarding the sharing of fees; impose a fine for persons violating KRS 198B.650 to 198B.689; require fines collected to be credited to a revolving trust and agency account for use in administering the program; prohibit funds in the account from lapsing at the end of the fiscal year; permit the Board to seek enforcement of fines by instituting action in Franklin Circuit Court; permit the Board to suspend or revoke the license of a person who has been fined; require the provision of Act to become effective January 1, 2005.
HCS (2/LM) - Retain provisions of Act, except add a definition of "permit"; require a person installing a heating, ventilation or air conditioning (HVAC) system to obtain a permit from the Dept. or an authorized agent following installation or completion of major repair; require application for a permit to be made within 30 calendar days of completion, installation, or major repair; eliminate permit requirement for installation or major repairs performed on a manufactured home by a retailer, on buildings located on agricultural property, or for installation or major repair of window unit air conditioners, space heaters or other heating or cooling equipment not integrated with a central air circulation system; limit program administration fees to the actual costs of the program; permit the Dept., with approval of the Board, to authorize local government entities to administer the program and permit the Dept. to contract with these entities regarding the sharing of fees; prohibit a local government from requiring additional inspections or permits, or establishing a local program; require fines collected to be credited to a revolving trust and agency account for use in administering the program; prohibit funds in the account from lapsing at the end of the fiscal year; authorize officers, agents and inspectors of the Dept. to enter permitted premises, at reasonable times, with the consent of the property owner, in order to make inspections, conduct interviews, and request proof of HVAC licenses and permits and other evidence of compliance; prohibit the Dept. from issuing a permit if an installation or major repair does not meet requirements of the Ky. Building Code or other applicable standard, or the property owner refuses to allow agents or inspectors to conduct an inspection; authorize the Dept. to prohibit the continued use of an HVAC system that has been determined to be improperly installed or altered if continued use threatens human life; permit an aggrieved applicant to request a hearing under KRS Chapter 13B; impose a fine for persons violating KRS 198B.650 to 198B.689; permit funds for the initial administration of the Act, to the extent fee income is insufficient to meet costs as determined by the chief budget officer of the Dept. and with Board approval, to be borrowed from the surplus trust and agency account and repaid, without interest, over two succeeding fiscal years; require provisions of Act to become effective on January 1, 2005.
Jan 10-introduced in House
Feb 4-to Labor and Industry (H)
Feb 5-posted in committee
Feb 13-reported favorably, 1st reading, to Calendar with Committee Substitute ; recommitted to Labor and Industry (H)
Feb 20-reported favorably with Committee Substitute (2) Labor and Industry (H); 2nd reading; to Rules (H)
Feb 25-posted for passage in the Regular Orders of the Day for Wednesday, February 26, 2003
Feb 28-3rd reading; Committee Substitute2 adopted; defeated 44-48