815 KAR 8:010. Licensing requirements for master HVAC contractors and journeyman HVAC mechanics.

KRS 198B.654(1) requires the department to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce the provisions of KRS 198B.650 through 198B.689 and to conduct HVAC examinations. KRS 198B.658 requires the department to establish fees for HVAC licensure and certification. KRS 198B.664 requires the department to establish requirements, including fees, for license renewal and inactive licenses. KRS 198B.676(1) requires the department to establish fees by administrative regulation. This administrative regulation establishes the licensure requirements for master HVAC contractors and journeyman HVAC mechanics.

Section 1.

(1)

(a)

Supervision. The master HVAC contractor shall supervise and be primarily responsible for all HVAC work performed by the employees and subcontractors of the licensee or the company that the licensee represents, whichever is applicable.

(b)

Company license. If a licensee, who is an employee of a company and whose license represents the company, if the licensee ceases to represent the company or if the name of the company changes, the licensee shall:

1.

2.

(c)

1.

If the master HVAC contractor representing a company dies, the company shall notify the department within ten (10) days of the master HVAC contractor's death.

2.

The 180-day interim period described in KRS 198B.667 shall begin on the date the master HVAC contractor dies.

3.

The company shall not be required to renew the deceased's master HVAC contractor license, if the license renewal date falls within the 180-day interim period.

4.

The company shall not use the deceased master HVAC contractor license after the expiration date of the interim period.

5.

The company shall notify the department when the company has a replacement master HVAC contractor to represent the company on or before the expiration date of the interim period.

(2)

(a)

(b)

Personally observe and be responsible for each apprentice assigned to the journeyman in carrying out the installation, alteration, and repair of HVAC systems; and

(c)

Section 2.

(1)

(a)

Master HVAC contractor application. An applicant seeking a master HVAC contractor license shall submit to the department:

1.

2.

3.

Proof of the applicant's experience as required by KRS 198B.658(1)(c) and this administrative regulation; and

4.

(b)

If the master HVAC contractor 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.

(c)

Journeyman HVAC mechanic application. An applicant seeking a journeyman HVAC mechanic license shall submit to the department:

1.

2.

3.

(d)

Initial license fees 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.

(e)

Master HVAC contractor applicants and journeyman HVAC mechanic applicants shall provide to the department proof of satisfactory completion of the respective examination required by Section 4 of this administrative regulation.

(f)

Master HVAC contractor applicants and journeyman HVAC mechanic applicants shall provide to the department a passport-sized, color photograph of the applicant taken within the past six (6) months.

(2)

(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 to the department.

(b)

Section 3.

(1)

Comply with the requirements established in the reciprocity agreement between Kentucky and the state in which the applicant is licensed;

(2)

(a)

For a Master HVAC Contractor license, comply with Section 2(1)(a) and (b) of this administrative regulation;

(b)

For a Journeyman HVAC mechanic license, comply with Section 2(1)(c) of this administrative regulation; and

(c)

If applying for both licenses, submit the application fee for each license with each application form.

Section 4.

(1)

The HVAC examinations shall be developed, administered, and scored by the department or its designee.

(2)

Master HVAC Contractor examination requirements. The examination 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)

(3)

(a)

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

(b)

A journeyman HVAC mechanic applicant may apply the passage of a master HVAC contractor's examination for the journeyman HVAC mechanic's examination requirement. The applicant may use the same master HVAC contractor's examination score to satisfy the master HVAC contractor's examination requirement if the examination score is valid pursuant to subsection (7) of this section.

(4)

Except as provided in subsection (8) of this section, an applicant shall pass with a score of at least seventy (70) percent on the examination.

(5)

(a)

Examination applicants who wish to take any HVAC examination provided by the department shall submit to the department:

1.

2.

a.

b.

3.

(b)

Notice of the time and place of examinations shall be given by the department at least one (1) week prior to the date of the examination to each person who has a registration form on file.

(c)

If an applicant fails to complete the department-provided examination within one (1) year from the date of the first notice of examination, the application shall be void.

(d)

An applicant who fails an examination may request to retake the examination. Except for the examination fee, an applicant shall not resubmit the requirements in paragraph (a) of this subsection.

(e)

A request to sit for an examination provided by any facility other than the department shall be made directly to a testing facility approved by the department.

(f)

A list of facilities and contact information shall be provided by the department to applicants upon request.

(6)

(7)

(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 department 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 department's examination.

(9)

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

Section 5.

(1)

(a)

1.

2.

3.

A copy of a current master HVAC contractor license, journeyman HVAC mechanic license, or equivalent, held by the applicant in a state other than Kentucky, if the state requires licensure or equivalent;

4.

Verifiable documentation demonstrating the nature and extent of HVAC contracting work performed in a state other than Kentucky, if the state does not require licensure or the equivalent; or

5.

(b)

Additional proof of experience shall be requested by the department, prior to or after licensing, if the department has reason to believe that the experience shown is insufficient or nonexistent;

(2)

One (1) year of HVAC experience shall consist minimally of 1,500 hours of HVAC work in a continuous twelve (12) month period.

Section 6.

(1)

(2)

A master HVAC contractor licensee in inactive status shall not be required to maintain insurance as required by KRS 198B.668.

(3)

(4)

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

(5)

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 7.

(1)

Filing for renewal. A master HVAC contractor and a journeyman HVAC mechanic shall submit to the department:

(a)

(b)

1.

2.

A renewal fee of fifty (50) dollars made payable to the Kentucky State Treasurer for a journeyman HVAC mechanic;

(c)

(d)

(2)

(a)

Except for a license placed in inactive status, application for license renewal shall be filed no later than the last day of the licensee's birth month.

(b)

(c)

(3)

(a)

(b)

The department shall send a renewal application notice to each licensee each year to be returned with the required fee.

(4)

A renewal application notice filed late, but not more than sixty (60) days after the expiration of the license, shall be accepted, but a restoration fee, as established in Section 8(1) of this administrative regulation, shall be added to the renewal fee.

(5)

(a)

A former licensee whose license has terminated as established in KRS 198B.664(3) may have his or her license reinstated if the licensee satisfies the application requirements for renewal as established in subsection 1 of this section and submits a reinstatement fee as established in Section 8(4) of this administrative regulation no later than three (3) years from the date the former license was terminated.

(b)

A former licensee seeking licensure under this administrative regulation, but whose terminated license was not timely reinstated as established in paragraph (a) of this subsection, shall be required to satisfy all requirements applicable to new applicants for initial licensure as established in this administrative regulation.

(6)

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 2:010.

(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, restoration, reinstatement, or reactivation shall be denied if the applicant fails to:

(a)

(b)

(c)

(9)

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

Section 8.

Special Service Fees. In addition to the other fees required by this administrative regulation, the special fees established in this section shall also be applied.

(1)

(a)

(b)

The fee for restoration of an expired journeyman HVAC mechanic license shall be twenty-five (25) dollars.

(2)

(3)

(4)

(a)

Master HVAC contractor. The fee for reinstatement of a terminated master contractor shall be $250 for each twelve (12) month period, or additional fraction thereof, following the date the license was terminated, not to exceed $750.

(b)

Journeyman HVAC mechanic. The fee for reinstatement of a terminated journeyman HVAC mechanic license shall be fifty (50) dollars for each twelve (12) month period, or additional fraction thereof, following the date the license was terminated, not to exceed $150.

Section 9.

Revocation or Suspension of License. A license issued pursuant to this administrative regulation shall be subject to suspension or revocation by the department for any of the reasons stated in KRS 198B.672.

Section 10.

(1)

(a)

(b)

(c)

(d)

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, Division of Heating, Ventilation, and Air Conditioning, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and is available online at http://dhbc.ky.gov.

HISTORY: (21 Ky.R. 1610; eff. 2-10-1995; 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; 41 Ky.R. 1184; eff. 3-6-2015; 45 Ky.R. 800, 1539; eff. 1-4-2019; TAm eff. 5-29-2020; 48 Ky.R. 3056; 49 Ky.R. 813; eff. 1-3-2023; 49 Ky.R. 2141; eff. 12-5-2023.)

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 27, 2023 at 10:00 a.m., eastern time, in the Department of Housing, Buildings and Construction, 500 Mero Street, First Floor, Frankfort, Kentucky 40601. Individuals interest in being heard at this hearing shall notify this agency in writing by five working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through June 30, 2023 at 11:59 p.m., eastern time. Send written notification of the intent to be head at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person below:

CONTACT PERSON: Molly B. Cassady, General Counsel, Department of Housing, Buildings and Construction, Mero St., Kentucky 40601, phone 502-782-5448, fax 502-573-1057; email molly.cassady@ky.gov.

This administrative regulation establishes the licensure requirements for master HVAC contractors and journeyman HVAC mechanics.

KRS 198B.654(1) requires the department to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce the provisions of KRS 198B.650 through 198B.689 and to conduct HVAC examinations. KRS 198B.658 requires the department to establish fees for HVAC licensure and certification. KRS 198B.664 requires the department to establish requirements, including fees, for license renewal and inactive licenses. KRS 198B.676(1) requires the department to establish fees by administrative regulation.

KRS 198B.654(1) requires the department to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce the provisions of KRS 198B.650 through 198B.689 and to conduct HVAC examinations. KRS 198B.658 requires the department to establish fees for HVAC licensure and certification. KRS 198B.664 requires the department to establish requirements, including fees, for license renewal and inactive licenses. KRS 198B.676(1) requires the department to establish fees by administrative regulation. This administrative regulation establishes the licensure requirements for master HVAC contractors and journeyman HVAC mechanics including fees, experience, and examination requirements.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

This administrative regulation establishes the licensure, fee, and examination requirements for master HVAC contractors and journeyman HVAC mechanics, which is required by KRS 198B.654, KRS 198B.658, KRS 198B.664, and KRS 198B.676.

This amendment amends two forms by removing language related to KRS 164.772, which was repealed in 2019. This amendment also creates a form, incorporated by reference, that is required for renewal.

This amendment is necessary to update forms and assist in streamlining the renewal process for licensees.

KRS 198B.654(1) requires the department to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce KRS 198B.650 to 198B.689 and to conduct examinations. KRS 198B.676(b) requires the department to establish by administrative regulation examination fees for master HVAC contractors and journeyman HVAC mechanics.

This amendment is necessary to update forms and assist in streamlining the application and renewal process for licensees.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:

Any costs associated with the implementation and enforcement of this administrative regulation will be met with existing agency funds.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:

Any costs associated with the implementation and enforcement of this administrative regulation will be met with existing agency funds.

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:

(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?

The Department of Housing, Buildings and Construction, Division of Heating, Ventilation and Air Conditioning.

(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.

KRS 198B.654(1) requires the department to promulgate administrative regulations in accordance with KRS Chapter 13A to administer, coordinate, and enforce the provisions of KRS 198B.650 through 198B.689 and to conduct HVAC examinations. KRS 198B.658 requires the department to establish fees for HVAC licensure and certification. KRS 198B.664 requires the department to establish requirements, including fees, for license renewal and inactive licenses. KRS 198B.676(1) requires the department to establish fees by administrative regulation.

(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?

These amendments are not anticipated to generate additional revenue for the state or local government for the first year.

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?

These amendments are not anticipated to generate additional revenue for the state of local government for subsequent years.

There are no anticipated additional costs to administer these regulatory amendments for the first year.

There are no anticipated additional costs to administer these regulatory amendments for subsequent years.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.