04RS HB497


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HB 497/LM (BR 1494) - R. Webb, S. Nunn, D. Pasley

     AN ACT relating to heating, ventilation, and air conditioning and making an appropriation therefor.
     Create new sections of KRS 198B.650 to 198B.689 to require a permit for the installation or major repair of HVAC systems; establish requirements for permit, create exemptions from permitting process; grant the Department of Housing, Buildings and Construction the authority to promulgate administrative regulations for HVAC permitting process and the establishment of fees to fund permitting process, grant local authorities the right to act as the agent for the department and to enter into contractual relations to act as agent, grant local authorities the right to fix compensation of local inspectors; forbid local authorities from establishing additional permitting or inspection programs for HVAC; establish an agency trust and surplus account for the fees to fund the HVAC permitting process; define the powers of HVAC inspectors to include stop-work authority; allow county, city, and Commonwealth's attorneys and the Attorney General to represent the department or its agents; grant Circuit Courts jurisdiction and venue in civil and injunctive actions and the Franklin Circuit Court concurrent venue and jurisdiction for civil and injunctive actions; grant District Courts venue and jurisdiction for criminal actions and the grant Franklin Circuit Court appeals jurisdiction for criminal action, grant aggrieved parties administrative hearings in accordance with KRS Chapter 13B; amend KRS 198B.650 to define "major repair" and "permit"; amend KRS 198B.990 to include infractions of the HVAC permitting process within the fines and punishment section; create a noncodified section to allow the initial funding of the program from existing agency trust and surplus accounts, to require repayment of these accounts within two fiscal years; provide that the Act to takes effect January 1, 2005.

     Feb 12-introduced in House
     Feb 13-to Licensing and Occupations (H)
     Feb 19-posted in committee

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