KRS ch. 198B | Kentucky Revised Statutes, Chapter 198B — Housing, Buildings, and Construction -- Building Code

Title XVII — Economic Security and Public Welfare

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-08-31.

Title XVII Economic Security and Public Welfare

Chapter 198B Housing, Buildings, and Construction -- Building Code

198B.010 Definitions for chapter.

As used in this chapter, unless otherwise provided:

(1) "Assembly occupancy" means the occupancy or use of a building or structure or any portion thereof by a gathering of persons for civic, political, travel, religious, social, or recreational purposes, including among others:

(a) Armories;

(b) Assembly halls;

(d) Bowling alleys;

(e) Broadcasting studios;

(f) Chapels;

(g) Churches;

(h) Clubrooms;

(i) Community buildings;

(j) Courthouses;

(k) Dance halls;

(l) Exhibition rooms;

(m) Gymnasiums;

(n) Hotels;

(o) Lecture rooms;

(p) Lodge rooms;

(q) Motels;

(r) Motion picture theaters;

(s) Museums;

(t) Night clubs;

(u) Opera houses;

(v) Passenger stations;

(w) Pool rooms;

(x) Recreation areas;

(y) Restaurants;

(z) Skating rinks;

(aa) Television studios; and

(bb) Theaters.

(2) "Attic" means the space between the ceiling beams of the top habitable story and the roof rafters.

(3) "Basement" means that portion of a building the average height of which is at least half below grade, which is ordinarily used for purposes such as storage, laundry facilities, household tool shops, and installation and operation of heating, cooling, and ventilating facilities, but which is not ordinarily used for purposes of general household habitation.

(4) "Building" means any combination of materials, whether portable or fixed, which comprises a structure or nonmine underground area affording facilities or shelter for any human occupancy, whether infrequent or regular, and also means single-family dwellings, including those sold or constructed under a trade or brand name. The word "building" shall be construed wherever used herein as if followed by the words "or part or parts thereof and all equipment therein" unless the context clearly requires a different meaning. "Building" shall also mean swimming pools constructed below grade on site, but not swimming pools assembled above grade on site. "Building" shall not mean a manufactured home governed by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. secs. 5401 et seq., or a farm dwelling or other farm buildings and structures incident to the operation and maintenance of the farm if the farm structures are located outside the boundary of a municipality and are not used in the business of retail trade or used as a place of regular employment for ten (10) or more people or structures used in the storage or processing of timber products.

(5) "Business occupancy" means the occupancy or use of a building or structure or any portion thereof for the transaction of business, the rendering or receiving of professional services, or the displaying, selling, or buying of goods, wares, or merchandise, or the housing of vehicles of transportation, except where occupancy is of high hazard, including among others:

(a) Banks;

(b) Barber shops;

(d) Department stores;

(e) Garages;

(f) Markets;

(g) Service stations;

(h) Offices;

(i) Stores;

(j) Radio stations;

(k) Telephone exchanges; and

(l) Television stations.

(6) "Certified building inspector" means a person who has been certified by the department as having successfully completed the test requirements provided by KRS 198B.090 to practice as a city, county, or state building inspector within the Commonwealth.

(7) "Certified plans and specifications inspector" means a person who has been certified by the department as having successfully completed the test requirements provided by KRS 198B.090 to practice as a city, county, or state plans and specifications inspector within the Commonwealth.

(8) "Certified plumbing inspector" means a person who has been certified by the department as having successfully completed the test requirements provided by KRS 198B.090 and 318.140, or 318.090 to practice as a city, county, or state plumbing inspector within the Commonwealth.

(9) "Commissioner" means the commissioner of the department.

(10) "Committee" means the Housing, Buildings and Construction Advisory Committee established by KRS 198B.032.

(11) "Construction" means the erection, fabrication, reconstruction, substantial alteration or conversion of a building, or the installation of equipment therein, but shall not include the ordinary repair of a building or structure.

(12) "Controlled environment agriculture facility":

(a) Means a facility that utilizes a technologically advanced form of hydroponic or soilless-based production that includes a combination of engineering, plant science, and computer-managed greenhouse control technologies in growing spaces and all connected sorting, packing, and storage areas to allow complete and stable control of the plant environment, including temperature, light, and carbon dioxide;

(b) Includes the immediate sorting, packing, and shipping of fresh, ready-to-consume produce; and

(13) "Department" means the Department of Housing, Buildings and Construction.

(14) "Educational occupancy" means the occupancy or use of a building or structure or any portion thereof by persons assembled for the purpose of learning or of receiving educational instruction. "Educational occupancy" shall not include a building for occupancy or use by thirty-five (35) persons or less assembled to receive religious and educational instruction. "Educational occupancy" includes but is not limited to:

(a) Academies;

(b) Care centers;

(d) Kindergartens;

(e) Libraries;

(f) Preschools;

(g) Relocatable classroom units;

(h) Schools;

(i) Seminaries; and

(j) Universities.

(15) "Equipment" means facilities or installations, including but not limited to heating, electrical, ventilating, air conditioning, and refrigerating facilities or installations.

(16) "High hazard occupancy" means the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable, or explosive materials or which has inherent characteristics that constitute a special fire hazard, including among others:

(a) Aluminum powder factories;

(b) Charging or filling stations;

(d) Dry cleaning plants;

(e) Dry dyeing plants;

(f) Explosive-manufacture, sale or storage;

(g) Flour and feed mills;

(h) Gasoline bulk plants;

(i) Grain elevators;

(j) Lacquer factories;

(k) Liquefied petroleum gas;

(l) Mattress factories;

(m) Paint factories;

(n) Pyroxylin-factories, or warehouses; and

(o) Rubber factories.

(17) "Industrial occupancy" means the occupancy or use of a building structure or any portion thereof for assembling, fabricating, finishing, manufacturing, packaging, or processing operations, except for occupancies of high hazard, including among others:

(a) Assembly plants;

(b) Creameries;

(d) Factories;

(e) Ice plants;

(f) Laboratories;

(g) Laundries;

(h) Manufacturing plants;

(i) Mills;

(j) Power plants;

(k) Processing plants;

(l) Pumping stations;

(m) Repair garages;

(n) Smokehouses; and

(o) Workshops.

(18) "Industrialized building system" means any structure or component thereof which is wholly or in substantial part fabricated in an off-site manufacturing facility for installation or assembly on a permanent foundation at the building site.

(19) "Institutional occupancy" means the occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable, or other care or treatment, or by persons involuntarily detained, including among others:

(a) Asylums;

(b) Homes for the aged;

(d) Houses of correction;

(e) Infirmaries;

(f) Jails;

(g) Nursing homes;

(h) Orphanages;

(i) Penal institutions;

(j) Reformatories;

(k) Sanitariums; and

(l) Nurseries.

(20) "Mobile home" means mobile home as defined in KRS 227.550.

(21) "Ordinary repair" means any nonstructural reconstruction or renewal of any part of an existing building for the purpose of its maintenance, or decoration, and shall include but not be limited to the replacement or installation of nonstructural components of the building such as roofing, siding, windows, storm windows, insulation, drywall or lath and plaster, or any other replacement, in kind, that does not alter the structural integrity, alter the occupancy or use of the building, or affect, by rearrangement, exitways and means of egress; but shall not include additions to, or alteration of, or relocation of any standpipe, water supply, sewer, drainage, gas, soil, waste, vent or similar piping, electric wiring, or mechanical equipment including furnaces and hot water heaters or other work affecting public health or safety.

(22) "Story" means that part of a building comprised between a floor and the floor or roof next above which is not a basement or an attic.

(23) "Person with a physical disability" means a person confined to a wheelchair; a person who uses braces or crutches; a person who because of the loss of a foot or leg or because of an arthritic, spastic, pulmonary, or cardiac condition, walks with difficulty or insecurity; a person who suffers from a faulty coordination or palsy; a person who is blind or whose sight is so impaired that, functioning in a public area, he or she is insecure or exposed to danger; a person whose hearing is so impaired that he or she is unable to hear warning signals; and a person whose mobility, flexibility, coordination, and perceptiveness are significantly reduced by aging.

(24) "Facility for persons with physical disabilities" means any convenience or device which facilitates the health, safety, or comfort of a person with a disability, including, but not limited to, ramps, handrails, elevators, and doors.

(25) "Manufactured home" is defined as in KRS 227.550.

Effective:April 8, 2022

History: Amended 2022 Ky. Acts ch. 108, sec. 4, effective April 8, 2022. -- Amended 2017 Ky. Acts ch. 169, sec. 2, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 245, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 223, sec. 2, effective April 22, 2006. -- Amended 1998 Ky. Acts ch. 9, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 340, sec. 15, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 405, sec. 49, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 189, sec. 1, effective July 15, 1982; and ch. 308, sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 361, sec. 1, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 117, sec. 1, effective June 17, 1978.

198B.020 Repealed, 2017.

[Repealed]

198B.030 Department of Housing, Buildings and Construction -- Comments from advisory committee to be received before promulgating administrative regulations.

(1) There is hereby created the Kentucky Department of Housing, Buildings and Construction within the Public Protection Cabinet. The Governor shall appoint a commissioner, subject to Senate confirmation in accordance with KRS 11.160, to head the department. The commissioner shall receive for his or her services such compensation as the Governor shall determine.

(2) The commissioner may employ sufficient staff to carry out the functions of the commissioner's office. Neither the commissioner nor any member of his or her staff shall be employed, either directly or indirectly, in any aspect of the building industry as regulated by this chapter while employed by the Department of Housing, Buildings and Construction.

(3) The department shall perform all budgeting, procurement, and other administrative activities necessary for the statewide regulation and enforcement of building, construction, and inspection standards and codes. The department or commissioner shall submit any proposed administrative regulation to the committee and shall not promulgate the administrative regulation without giving the committee the opportunity to produce written comments, as required by subsection (8) of this section. If the committee chooses to produce written comments, the comments shall be attached to any public submission of the administrative regulation, including any filing under KRS Chapter 13A.

(4) The department may enter into contracts or agreements with the federal government, its subdivisions and instrumentalities, other agencies of state government or with its subdivisions and instrumentalities, or with private profit or nonprofit organizations in order to effect the purposes of this chapter.

(5) The commissioner shall cooperate with the agencies of the United States and with the governing bodies and housing authorities of counties, cities, and with not for profit organizations and area development districts in relation to matters set forth in this chapter, and in any reasonable manner that may be necessary for the state to qualify for, and to receive grants or aid from these agencies. The commissioner shall have the power to comply with each condition and execute any agreement that may be necessary, convenient, or desirable.

(6) Nothing in this chapter shall preclude any other agency, board, or officer of the state from being designated as the directing or allocating agency, board, or officer for the distribution of federal grants and aid, or the performance of other duties to the extent necessary to qualify for and to receive grants and aid for programs under the administration of the department.

(7) The commissioner is authorized to receive, for and on behalf of the state and the department from the United States and agencies thereof, and from any and all other sources, grants and aid and gifts made for the purpose of providing, or to assist in providing, any of the programs authorized by this chapter, including expenses of administration. All funds received under this subsection shall be paid into the state treasury and credited to a trust and agency fund to be used by the department in carrying out the provisions of this chapter. No part of this fund shall revert to the general fund of the Commonwealth.

(8) (a) If the department has proposed a new or amended administrative regulation that directly and clearly relates to the work of a profession, class of workers, or industry that is under the authority of the committee, the department shall not promulgate the proposed administrative regulation without first receiving comments from the committee, subject to the restrictions of paragraph (b) of this subsection.

(b) 1. The committee shall be granted a maximum of thirty (30) days to submit its comments on the proposed regulatory change. This subparagraph does not apply to an administrative regulation that is a new emergency administrative regulation.

The time limits in this paragraph shall begin from the day the department submits the regulatory change and sets a date for a proposed hearing for the comments of the committee. If the committee is already scheduled to meet at a time that will give it an adequate opportunity to review the administrative regulation and respond, the hearing may be held at that meeting.
If the committee is not scheduled to meet or meets only at the call of the department, the department shall arrange for the committee to meet at a time that will allow the committee an adequate opportunity to review and comment on the regulation within the time limit. If the committee fails to comment within the time limit, the department may proceed with the administrative changes at its discretion.

(c) To the extent that any other statute relating to the department's authority to promulgate administrative regulations conflicts with this section, this section shall take precedence.

(d) The department may issue advisory opinions and declaratory rulings related to KRS Chapters 198B, 227, 227A, 236, and 318 and the administrative regulations promulgated under those chapters.

Effective: April 16, 2026

History: Amended 2026 Ky. Acts ch. 178, sec. 19, effective April 16, 2026. -- Amended 2017 Ky. Acts ch. 169, sec. 3, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 100, sec. 1, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 247, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 167, sec. 1, effective July 12, 2006; and ch. 256, sec. 2, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 109, sec. 28, effective July 13, 2004. -- Created 1978 Ky. Acts ch. 117, sec. 3, effective June 17, 1978.

Legislative Research Commission Note. Acts 1978, ch. 155, sec. 126 (KRS 227.205) created the department of housing, buildings and construction, while Acts 1978, ch. 117, sec. 3 (KRS 198B.030) created the department of buildings, housing and construction. Since Acts 1978, ch. 155, sec. 126 was the later enactment, it prevails.

198B.032 Housing, Buildings and Construction Advisory Committee.

(1) The Housing, Buildings and Construction Advisory Committee is established within the department and shall be composed of the following seventeen (17) voting members:

(a) The commissioner of the department or the commissioner's designee;

(b) The state fire marshal or a representative of the state fire marshal's office;

(d) Fourteen (14) members appointed by the Governor:

At least one (1) of whom shall be a licensed heating, ventilation, and air conditioning contractor;
At least one (1) of whom shall be a licensed plumber;
At least one (1) of whom shall be a licensed elevator mechanic or elevator contractor;
At least one (1) of whom shall be a licensed electrician;
At least one (1) of whom shall be a licensed engineer;
At least one (1) of whom shall be a licensed architect;
At least one (1) of whom shall be a manufactured or mobile home retailer or certified installer; and
The remaining seven (7) of whom shall have experience in the housing, building, or construction industries.

(2) Each committee member appointed under subsection (1)(d) of this section shall be subject to Senate confirmation in accordance with KRS 11.160, and serve a term of three (3) years, except that initial appointments shall be staggered by the Governor. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term.

(3) The commissioner or the commissioner's designee shall serve as chair of the committee. The committee shall annually elect a member to serve as vice chair.

(4) The committee shall meet at least quarterly, and a majority of the members of the committee shall constitute a quorum for the transaction of business. If a vote on a matter before the committee results in a tie, the commissioner or the commissioner's designee shall cast an additional deciding vote.

(5) Committee members who are not full-time state government employees shall be compensated for their time when attending committee meetings or performing official duties as directed by the committee at the rate of fifty dollars ($50) per day. Members of the committee shall be reimbursed for all expenses paid or incurred in the discharge of official business consistent with the reimbursement policy for state employees.

(6) The committee shall provide ongoing advice and input to the department, but shall not become directly involved in the licensing or regulation of housing, buildings, and construction matters by the department.

(7) The department shall give the committee thirty (30) days to review and comment on a proposed administrative regulation before the regulation is promulgated, amended, or repealed, except in the case of an emergency administrative regulation.

Effective: April 16, 2026

History: Amended 2026 Ky. Acts ch. 178, sec. 20, effective April 16, 2026. -- Created 2017 Ky. Acts ch. 169, sec. 1, effective June 29, 2017.

198B.035 Repealed, 2000.

[Repealed]

198B.040 General powers and duties of the department.

The department shall have the following general powers and duties:

(1) To conduct or cause to be conducted studies to determine the needs of the building industry of Kentucky;

(2) To conduct or cause to be conducted or participate in studies of the costs of the various factors of building construction and use of buildings and to recommend programs and procedures which will minimize the cost of buildings, including the use of energy, while maintaining safety, durability, and comfort;

(3) To administer regulatory legislation relating to buildings and construction;

(4) To assume administrative coordination of the various state construction review programs and to cooperate with various federal, state, and local agencies in the programs as they relate to buildings and construction;

(5) To assume administration and coordination of various state housing programs to include:

(a) Devising and implementing procedures, in conjunction with the Department for Local Government, for attaining and maintaining an accurate count of the housing inventory in Kentucky, including information on the age, physical condition, size, facilities, and amenities of this housing, and housing constructed and demolished each year;

(b) Designing programs coordinating the elements of housing finance, production, maintenance, and rehabilitation for the purpose of assuring the availability of safe, adequate housing in a healthful environment for all Kentucky citizens;

(c) Establishing or causing to be established public information and educational programs relating to housing, to include informing Kentucky citizens about housing and housing related programs that are available on all levels of government;

(d) Designing and administering, or participating in the design and administration of educational programs to prepare low income families for home ownership, and counseling them during their early years as homeowners;

(e) Promoting educational programs to assist sponsors in the development and management of low and moderate income housing for sale or rental;

(f) Cooperating with various federal, state, and local agencies in their programs as they relate to housing; and

(g) Conducting or causing to be conducted studies to determine the housing preferences of Kentucky citizens and the present and future housing requirements of the state;

(6) To recommend state building industry policies and goals to the Kentucky General Assembly;

(7) To adopt and promulgate a mandatory uniform state building code, and parts thereof, which shall establish standards for the construction of all buildings, as defined in KRS 198B.010, in the state;

(8) To promulgate administrative regulations providing for the proper construction of public water purification plants, other than the water treatment equipment and systems in those plants. Any administrative regulation promulgated under this subsection shall require that applications for permits to build public water purification plants be submitted by the department to the Energy and Environment Cabinet for that cabinet's comments. Any submitted administrative regulations shall require the Energy and Environment Cabinet's comments to be completed and returned to the department within sixty (60) days;

(9) To promulgate administrative regulations providing for the proper construction of sewage treatment plants, other than the sewage treatment equipment and systems in such plants. Any administrative regulation promulgated under this subsection shall require that applications for permits to build public sewage treatment plants be submitted by the department to the Energy and Environment Cabinet for that cabinet's comments. Any submitted administrative regulations shall require the Energy and Environment Cabinet's comments to be completed and returned to the department within sixty (60) days; and

(10) To promulgate administrative regulations for the safe installation and operation of plumbing and plumbing fixtures.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 4, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 100, sec. 2, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 248, effective July 15, 2010; and ch. 117, sec. 84, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 88, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 256, sec. 3, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 69, sec. 71, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 117, sec. 4, effective June 17, 1978.

198B.050 Uniform State Building Code.

(1) The department shall adopt and promulgate a mandatory Uniform State Building Code that establishes standards for the construction of all buildings, as defined in KRS 198B.010, in the state. The code shall provide that the review and approval, as necessary, of building plans for conformance with the Uniform State Building Code prior to construction approval shall be conducted only by the department or a local government or governments delegated such responsibilities by this chapter, and any exceptions to this policy shall be explicitly stated in the code.

(2) The code shall be comprehensive and shall include but not be limited to provisions for general construction; structural quality; mechanical systems to include heating, cooling, and ventilation; electrical systems; and life safety from hazards of fire, explosion, and other disasters, whether caused by acts of nature or man. The code shall encompass the Kentucky State Plumbing Code promulgated pursuant to KRS 318.130, boiler rules and regulations issued pursuant to KRS 236.030, and the national electrical code.

(3) This code shall be designed after and may be selected from the models offered by such model code agencies as the International Code Council, Inc., the National Fire Protection Association, and other nationally recognized organizations which may include governmental agencies. The code shall:

(a) Provide uniform standards and requirements for construction and construction materials;

(b) To the extent practicable, set forth standards, specifications, and requirements in terms of performance objectives, so as to facilitate the use of new technologies, techniques, and materials. The code shall not discriminate in favor of particular suppliers' materials, techniques, or technologies; and

(4) The code shall include provisions for the continuing review and possible adoption of new materials, technologies, and techniques in the building industry when deemed justified by the department to fulfill the purposes of this chapter. The department may adopt a model code promulgated by a model code agency only if that agency provides a method for democratic participation by the department and any local governments which may enforce the code, in a continuing review and possible adoption of new materials, technologies, and techniques in the building industry.

(5) The department shall promulgate administrative regulations, after notice in accordance with KRS Chapter 13A, which are necessary to implement the Uniform State Building Code or to carry out any other responsibility assigned to the department by this chapter.

(6) The department shall monitor the effectiveness of agencies designated by local governments to enforce the provisions of the Uniform State Building Code.

(7) If the department determines that an agency is not enforcing the provisions of the Uniform State Building Code, it shall determine where deficiencies exist. The department shall require the local government to correct the deficiencies within sixty (60) days and report to the department its method of correcting the deficiencies.

(8) If the local government fails to correct the deficiencies, the department may preempt the local program as provided for in KRS 198B.060(4).

(9) The department shall provide for the supply, including amendments and revisions thereto, of sufficient copies of the Uniform State Building Code for all interested parties.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 5, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 249, effective July 15, 2010. -- Amended 1982 Ky. Acts ch. 308, sec. 2, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 117, sec. 5, effective June 17, 1978.

Legislative Research Commission Note (10/5/90). Pursuant to KRS 7.136(1), KRS Chapter 13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, § 36 and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

198B.055 Structural steel welding on state government projects -- Definitions for section -- Testing and certification requirements -- Standards. (Effective January 1, 2027)

(1) As used in this section, unless the context otherwise requires:

(a) "Accredited testing facility" means a facility that tests and certifies welders and welding inspectors, and which has been accredited by the AWS;

(b) "ASME" means the American Society of Mechanical Engineers;

(d) "Certified welding inspector" means a person who has been certified by the AWS to inspect structural steel welding projects and is independent of a Kentucky building program having jurisdiction;

(e) "D1.1" means the current version of the Structural Welding Code-Steel, approved American National Standard from the AWS;

(f) "D1.5" means the current version of the Bridge Welding Code, approved American National Standard from the AWS jointly with the American Association of State Highway and Transportation Officials;

(g) "Structural steel welding" means structural welds, weld repair, the structural system, and the welding of all primary steel members of a structure per D1.1 and D1.5 established by the AWS. Where ASME work is required, it shall be done by ASME certified welders; and

(h) "Welding standards" means the specifications, guidelines, tests, and other methods used to develop a system of quality control to ensure that welding is conducted in such a manner that all welds must meet, at a minimum, D1.1 and D1.5 standards established by the AWS.

(2) To ensure the safety, quality, and integrity of structural steel welding and that all welding standards are met, the following requirements shall be mandated by general contractors, project managers, contractors, and subcontractors in all projects involving structural steel welding where the design professional responsible for the project includes the D1.1 or D1.5 in the job specifications:

(a) Welders performing structural steel welding on a project shall have been tested and certified by:

An accredited testing facility; or
An individual who has been accredited by the AWS to test and certify welders and welding inspectors. This individual could be anyone who has been certified by the AWS to inspect structural steel welding projects; and

(b) Structural steel welding performed on a project shall meet welding standards.

(3) This section shall only apply to projects:

(a) Occurring pursuant to state government contracts; and

(b) When requested by the contracting state government entity.

(4) This section shall not apply to welding projects performed or requested by a homeowner or farmer on the premises of the homeowner or farmer.

Effective: January 1, 2027

History: Created 2026 Ky. Acts ch. 201, sec. 1, effective January 1, 2027.

198B.060 Local enforcement of Uniform State Building Code -- Workers' compensation coverage requirement -- Informal hearing -- Appeal.

(1) Each local government shall employ a building official or inspector and other code enforcement personnel as necessary, or shall contract for inspection and code enforcement services in accordance with subsections (8) and (11) of this section to enforce the Uniform State Building Code within the boundaries of its jurisdiction, except that permits, inspections, and certificates of occupancy shall not be mandatory for single-family residences unless a local government passes an ordinance requiring inspections of single-family residences.

(2) (a) Local governments shall be responsible for the examination and approval or disapproval of plans and specifications for churches having a capacity of four hundred (400) or less persons, and six thousand (6,000) or less square feet of total floor area, and buildings of no more than three (3) stories in height, exclusive of attic and basement, which do not contain more than twenty thousand (20,000) square feet of floor area, and are not intended for educational, institutional, or high hazard occupancy; or assembly, business, or industrial occupancy in excess of one hundred (100) persons, except churches as stated in this subsection, or for use as a frozen food locker plant as defined in KRS 221.010.

(b) Local governments shall be responsible for the issuance and revocation of building permits, licenses, certificates, and similar documents which cover activities within their area of responsibility, and the inspection of all buildings pursuant to this chapter and the Uniform State Building Code. Each local government issuing a building or demolition permit or an initial certificate of occupancy on a new structure shall send a copy of the permit or certificate to the commissioner for his or her use in maintaining an accurate housing inventory for Kentucky.

(c) Notwithstanding the provisions of paragraph (a) of this subsection or the provisions of KRS 162.060, local governments may have jurisdiction for plan review, inspection, and enforcement responsibility over buildings intended for educational purposes, other than licensed day-care centers, but only when agreed to in writing by the local government and the department. Copies of documentation related to plan review, inspection, and enforcement shall be provided to the Kentucky Department of Education at the time they are issued to the district. Any agreements relating to expanded jurisdiction in effect on July 14, 2022, may be amended accordingly.

(3) Urban-county governments may determine service districts within their boundaries within which farm dwellings and other farm buildings, not used in the business of retail trade or as a place of regular employment for ten (10) or more people, shall be exempt from the requirements of the Uniform State Building Code. The determination may be reviewed and altered by the department.

(4) (a) With the exception of single-family dwellings, the department shall be responsible for the examination and approval or disapproval of plans and specifications for all buildings which are not the responsibility of local governments. The department may issue and revoke permits, licenses, certificates, and similar documents within its area of responsibility, and shall have concurrent jurisdiction with local governments for the inspection of all buildings pursuant to this chapter and the Uniform State Building Code.

(b) If the commissioner determines that the local jurisdiction is not adequately performing any portion of its program, the department may preempt that portion of a local program, except that the department shall not preempt or assert jurisdiction for the enforcement of the code on single-family dwellings. The commissioner shall explain his or her reasons for preemption in writing and provide a copy to the local jurisdiction.

(c) The local jurisdiction may appeal the preemption directly to the commissioner, and the department shall review the appeal according to the procedures found in subsections (8) to (10) of KRS 198B.070. No preemption by the commissioner shall take place until a final decision has been issued in an appeal under this subsection.

(d) If the department preempts any portion of a local program, it shall collect the fees applicable to that portion of the program.

(5) (a) Any local government may petition the commissioner requesting that additional plan review functions be allocated to that local government. The petition shall include evidence of the local government's capability to perform additional plan review functions.

(b) The commissioner, after review of the petition and supporting evidence, may grant or deny to the local government any part of a request for additional responsibility. If the commissioner denies any part of a petition, he or she shall explain his or her reasons for denial in writing, and provide a copy to the local government.

(c) A local government may appeal the denial directly to the commissioner, and the department shall review the appeal according to the procedures found in subsections (8) to (10) of KRS 198B.070.

(d) If the local government is granted additional responsibility by the commissioner, the department shall hold concurrent jurisdiction over the additional responsibility, but the local government shall collect any fees for functions it performs pursuant to the additional responsibility.

(6) Any local government may also petition the commissioner requesting that plans and specifications inspection, building inspection, and approval responsibility relating to the application of local plumbing permits for local installations be allocated to the local government. The petition shall not be granted unless the local government has demonstrated to the commissioner that it can perform these functions in accordance with KRS 198B.050 to 198B.090.

(7) The commissioner shall expedite the review of plans and specifications by assigning responsibilities and coordinating review activities among the department's various functional divisions so as to prevent unnecessary duplication in the review of plans and specifications.

(8) No building shall be constructed in this state until a local building official and an official representing the department, if the department has jurisdiction, issue a permit for the construction. Nothing in this subsection shall require a single-family dwelling to be permitted or inspected unless a local government has established a building inspection program as set out in this section.

(9) The local building official or the representative of the department shall issue a permit if the proposed building satisfies the requirements of the Uniform State Building Code and if the party desiring to construct the building has complied with all other legal requirements concerning the location and construction of the building. The applicant for a building permit, by the act of applying for the permit, shall be deemed to have consented to inspection by the local government or the department, of the building during construction and upon the completion of construction for the purpose of determining that the building is constructed in compliance with the Uniform State Building Code.

(10) (a) No permit for building, construction, reconstruction, renovation, demolition, or maintenance or for any activity related to building, construction, reconstruction, renovation, demolition, or maintenance shall be issued by any building department or by any political subdivision of the Commonwealth of Kentucky to any person seeking the permit unless the person shall assure, by affidavit, that all contractors and subcontractors employed, or that will be employed, on activity covered by the permit shall be in compliance with Kentucky requirements for workers' compensation insurance according to KRS Chapter 342 and unemployment insurance according to KRS Chapter 341.

(b) Any person who fails to comply with the assurances required under paragraph

(a) of this subsection upon such finding by a court of competent jurisdiction, shall be fined an amount not to exceed four thousand dollars ($4,000) or an amount equal to the sum of all uninsured and unsatisfied claims brought under the provisions of KRS Chapter 342 and unemployment insurance claims for which no wages were reported as required by KRS Chapter 341, whichever is greater.

(c) The penalty imposed in paragraph (b) of this subsection shall be enforced by the county attorney for the county in which the violation occurred.

(11) A certified electrical inspector shall be employed by, or contracted for, or contracted with a local government having responsibility over buildings described in this section as part of its building inspection program. After a certified electrical inspector has been provided for by the local government or the department, no utility shall initiate permanent electrical service to any new building, or any building which has been moved, until a final certificate of approval has been issued by a certified electrical inspector. Unless the department shall notify the utility in writing as to which buildings are subject to department approval, it shall be presumed by the utility that the building is subject to the jurisdiction of the local government. However, nothing in this section shall prohibit the supply or use of necessary electrical services during the construction and testing process.

(12) This section shall apply to industrialized building systems, but destructive disassembly of industrialized building systems which carry a seal of approval pursuant to a manufactured building law in the state in which they were manufactured, which seal of approval is accepted by the department, shall not be performed in order to conduct the tests or inspections.

(13) No building on which construction was begun nor any industrialized building system on which site preparation and assembly were begun after the Uniform State Building Code became effective shall be occupied until the local building official or a representative of the department issues a certificate of occupancy certifying that the building was constructed in conformance with the standards of the Uniform State Building Code, or assembled or installed in conformance with applicable instructions. Nothing in this subsection shall be construed to require a certificate of occupancy to be issued for any single-family dwelling unless a local government has established jurisdiction for the enforcement of the Uniform State Building Code under this section.

(14) A local government may associate with other local governments, and may seek the technical assistance of other agencies or area development districts in order to provide for the local enforcement of the Uniform State Building Code.

(15) Local governments or associations of local governments may contract with a person, firm, or company to perform the plans and specifications inspection or building inspection functions required of the local government by the provisions of this section if:

(a) The person performing the plans and specifications inspection is certified by the department as having successfully completed the test requirements provided by KRS 198B.090 to practice as a certified plans and specifications inspector;

(b) The person performing the building inspection is certified by the department as having successfully completed the test requirements provided in KRS 198B.090 to practice as a certified building inspector;

(c) The person, firm, or company does not have a conflict of interest between its plan review or inspection functions and any other employment or business activities;

(d) The person performing the plumbing inspection is certified by the department as having successfully completed the requirements provided in KRS 318.140 to practice as a certified plumbing inspector; and

(e) The person, firm, or company does not have a conflict of interest between its plan review or inspection functions and any other employment or business activities.

(16) If the department has reason to believe that an inspector is not enforcing, or is improperly enforcing, the provisions of the Kentucky building codes, it shall conduct an informal hearing to review the inspector's procedures and return in written form the required corrections resulting from the hearing to the inspector, or may take action to suspend or revoke the inspector's certificate.

(17) If the inspector fails to comply within sixty (60) days of a written notification from the department that specifies the required corrections, the department shall suspend the inspector's certification until the inspector complies. Any action to suspend or revoke an inspector's certificate may be appealed to the department, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

(18) Each local government and the department may establish a schedule of fees for the functions performed under this chapter. The fees shall be designed to fully cover, but shall not exceed, the cost of the service performed. Fees payable to the department shall be paid into the State Treasury and credited to a trust and agency fund to be used by the department in carrying out this chapter. No part of this fund shall revert to the general fund of the Commonwealth.

Effective: July 14, 2022

History: Amended 2022 Ky. Acts ch. 66, sec. 2, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 169, sec. 6, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 250, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 9, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, secs. 82 and 83, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 174, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 381, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 106, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 308, sec. 3, effective July 15, 1982; and ch. 440, sec. 1, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 117, sec. 6, effective June 17, 1978. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, L, 6, (1) at 2110. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, L, 6, (4) at 2111.

198B.062 Mandatory nature of approved construction documents -- Role of on-site inspectors.

All buildings shall be constructed according to the construction documents approved by the building official having jurisdiction of the building in accordance with KRS 198B.060. No on-site inspector shall order changes in the construction of a building which are contrary to the approved construction documents. If an on-site inspector finds that any part of the construction is contrary to the approved plans, the on-site inspector may order correction, and if the on-site inspector believes that the approved documents are incomplete or in violation of the Uniform State Building Code, the on-site inspector shall refer the matter to the building official having jurisdiction for the approval of the construction documents. Any approved changes to the construction of the building shall be recorded with the construction documents before the certificate of occupancy shall be issued.

Effective: July 15, 1998

History: Created 1998 Ky. Acts ch. 175, sec. 1, effective July 15, 1998.

198B.070 Appeals.

(1) The mayor or county judge/executive of a local government which is enforcing the Uniform State Building Code may, upon the approval of the local legislative body, appoint a local appeals board, consisting of five (5) technically qualified persons with professional experience related to the building industry, to hear appeals from the decisions of the local building official. At least three (3) members of the appeals board shall not be employed by the local government hearing the appeal.

(2) Local governments that are enforcing the Uniform State Building Code may cooperate with each other to provide a local appeals board and shall adhere to the provisions of KRS Chapter 65 when entering these cooperative agreements. A local building official or employee of a local inspection department shall not sit on a local appeals board if the board is hearing an appeal to a decision rendered by his or her department. A member of a local appeals board shall not hear an appeal in a case in which he or she has a private interest.

(3) Any party to a decision by the local building official may appeal that decision to the local appeals board. Upon receipt of an appeal from a qualified party, the local appeals board shall convene a hearing to consider the appeal within fifteen (15) days of receipt. All parties to the appeal shall be notified of the time and place of the hearing by letter mailed by certified mail no later than ten (10) days prior to the date of the hearing. The local appeals board shall render a decision within five (5) working days after the hearing.

(4) A local appeals board may uphold, amend, or reverse the decision of a local building official, and there shall be no appeal from the decision of a local appeals board other than by appeal to the department. Appeals to the department shall include citation of those provisions of the Uniform State Building Code which are at issue, and an explanation of why the decision of the local appeals board or the local building official relative to those provisions is being contested.

(5) The department shall serve to hear appeals from the decisions of local appeals boards, when these boards exist, or to hear appeals directly from the decisions of local building officials in cases where no local appeals board has jurisdiction. In no case shall the department hear an appeal directly from a party aggrieved by the decision of a local building official when there is a local appeals board with jurisdiction in the case.

(6) The department shall hear appeals directly from a party aggrieved by the decision of an agent of the department. These appeals shall include citations of those provisions of the Uniform State Building Code which are at issue, and an explanation of why the decision of the agent of the department relative to those provisions is being contested.

(7) Appeals to the department shall be addressed to the commissioner, who shall immediately notify the department when an appeal is received. The commissioner or a designated employee of his or her department shall then investigate the evidence pertaining to the appeal and, based upon the results of the investigation, make recommendations to the department on the disposition of the case in question. No employee of the department shall investigate or make recommendations on an appeal to his or her own decision, but shall defer in such cases to employees who were not party to the decision which led to the appeal. In conducting an investigation, the commissioner or his or her designated representatives, acting for the department, shall have the authority to administer oaths and affirmations, issue subpoenas authorized by law, rule upon offers of proof and receive relevant evidence, take or cause depositions to be taken, regulate the course of any informal or fact-finding hearings they may schedule, and hold conferences for the settlement or simplification of the issues by consent of the parties. The commissioner shall complete his or her investigations within thirty (30) days after receiving an appeal.

(8) If the matter is not settled by agreement of the parties through the procedure established in subsection (7) of this section, the commissioner shall schedule an administrative hearing that shall be conducted in accordance with KRS Chapter 13B.

(9) The commissioner may appoint five (5) or more members of the department to conduct the hearing, and those appointed shall act in all matters concerning the appeal for the entire department.

(10) The department may uphold, amend, or reverse the decision of a local appeals board, a local building official, or an agent of the department by final order. An appeal of the department's final order shall be to the Circuit Court within whose jurisdiction the property in question is located in accordance with KRS Chapter 13B.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 7, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 251, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 318, sec. 84, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 23, sec. 14, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 308, sec. 4, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 114, sec. 36, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 117, sec. 7, effective June 17, 1978.

198B.080 Amendments to the Uniform State Building Code.

(1) Any interested party may suggest amendments to the Uniform State Building Code to the department. The department shall transmit all suggested amendments to the committee and receive comments from the committee on the advisability of the suggested amendments.

(2) The department may amend the Uniform State Building Code at any time, but only after notice in accordance with KRS Chapter 13A. Adopted amendments shall be effective statewide.

(3) No amendment shall violate the performance orientation of the code, favor certain materials or suppliers, or weaken the life safety features of the Uniform State Building Code as specified in KRS 198B.050(3).

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 8, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 252, effective July 15, 2010. -- Created 1978 Ky. Acts ch. 117, sec. 8, effective June 17, 1978.

198B.085 Requirement for compliance of agritourism building with Kentucky Building Code -- Exemptions.

(1) Except as otherwise provided in this section, an agritourism building as defined in KRS 247.801 shall comply with the Kentucky Building Code.

(2) An agritourism building built prior to December 31, 2016, shall be exempt from the following requirements within the Kentucky Building Code:

(a) An agritourism building built prior to December 31, 2016, shall not be required to comply with the seismic requirements within the Kentucky Building Code; and

(b) If an agritourism building has a capacity of four hundred (400) persons or is six thousand (6,000) square feet or less, an agritourism building built prior to December 31, 2016, shall not require the services of an architect licensed by the Commonwealth of Kentucky.

Effective:June 29, 2017

History: Created 2017 Ky. Acts ch. 185, sec. 1, effective June 29, 2017.

198B.090 Certification of professional classifications -- Training program for building code administration and enforcement.

(1) The department shall create and administer a certification program with sufficient testing procedures to certify the following professional classifications:

(a) Building inspector;

(b) Plans and specifications inspector; and

(2) The testing procedures shall be sufficient to reflect the ability of the person applying for certification to inspect in accordance with those local, state, and federal building codes, fire codes, plumbing codes, or health and safety codes, that are applicable to the inspection duties for which he or she requests certification.

(3) The department shall conduct or sponsor preentry and in-service education and training programs on the technical, legal, and administrative aspects of building code administration and enforcement. For this purpose it may cooperate and contract with educational institutions, area development districts, local, regional, state or national building officials' organizations, and any other appropriate organization.

(4) The department shall create and administer an educational program designed to prepare building officials, code enforcement officers, and other persons interested in obtaining from the department a certification as a building inspector, plans and specifications inspector, or plumbing inspector. The program shall be designed to ensure uniform statewide enforcement of the applicable state building and plumbing codes. Training material coverage shall be adequate to prepare the participants with a working knowledge of construction design, specification terms, and the state building codes applicable to the particular field in which the applicant requests certification.

(5) Plumbing inspectors who are in compliance with KRS 318.090 as state inspectors and KRS 318.140 as city-county inspectors, shall be considered in compliance with subsections (1)(c) and (2) of this section and shall not be required to be retested by the department prior to consideration for certification as a plumbing inspector. The department shall review the plumbing inspector's qualifications and credentials for compliance with KRS 318.090 or 318.140 prior to issuing a certification to the inspector's certificate applicant.

(6) Attendance at the training sessions shall not be mandatory prior to testing for certification if the applicant's previous education or experience qualifies the applicant to obtain a passing score on the required certification test.

(7) Training sessions shall be held as frequently as is felt necessary by the commissioner to adequately provide for local and state building inspection needs.

(8) The department's plans and specifications review staff and the field inspection staff shall attend the training and become certified in accordance with this section.

(9) All building inspectors, plans and specification inspectors, and plumbing inspectors shall be certified or enrolled and actively pursuing department certification within ninety (90) days after employment as an inspector.

(10) The department shall establish a schedule of fees to cover the cost of the education, testing, and certification programs to be paid by the applicants for certification. The fees shall not exceed the actual cost of the services performed by the department to administer the programs listed in this section.

(11) The department may reimburse building officials, code enforcement officers, and other employees of the state and its subdivisions for related expenses incurred by them for attendance at in-service training programs approved by the department.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 9, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 253, effective July 15, 2010. -- Amended 1982 Ky. Acts ch. 308, sec. 5, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 117, sec. 9, effective June 17, 1978. 2020-2022 Budget Reference. See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. V, H, 3 at 941.

198B.092 Licensed proprietary schools -- Articulation agreements -- Recognition -- Licensing.

The department shall recognize and honor articulation agreements executed between licensed proprietary schools and public school districts or state area technology centers to allow for academic or training equivalencies needed to obtain licensure in a profession regulated by the department, including but not limited to electrician, plumbing, and heating, ventilation, and air conditioning licenses. The licensed proprietary school shall:

(1) Be a department-approved education provider; or

(2) Have a training course acceptable to the department.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 22, sec. 1, effective July 15, 2024.

198B.093 Internship and cooperative placement hours to count towards licensure by department -- Hours of equivalency -- Administrative regulations.

(1) The department shall recognize and allow dual credit students receiving directly related on-the-job training equivalencies of internship and cooperative placement hours to count toward the hours necessary to obtain licensure in a profession regulated by the department, including but not limited to electrician, plumbing, and heating, ventilation, and air conditioning licenses.

(2) The maximum equivalencies to count toward licensure under subsection (1) of this section shall be:

(a) For electrician licenses, up to four thousand (4,000) hours in accordance with KRS 227A.060;

(b) For plumber licenses, up to two (2) years; and

(3) The department shall establish a reporting system under this section through the promulgation of administrative regulations in accordance with KRS Chapter 13A.

(4) The department shall utilize the current administrative regulations governing licensure attainment to determine the eligibility and applicability of directly related on-the-job training hours, ensuring alignment with existing licensure requirements and standards.

Effective: June 27, 2025

History: Created 2025 Ky. Acts ch. 34, sec. 1, effective June 27, 2025.

198B.095 Authorization for building inspectors training program -- Purpose -- Trust and agency fund.

(1) The department may establish a building inspectors training program through the promulgation of administrative regulations in accordance with KRS Chapter 13A. The program shall provide training to encourage local governments to establish and improve building code enforcement programs and to encourage all building inspectors to upgrade their skills.

(2) If the department chooses to establish the program authorized in subsection (1) of this section, there shall be created in the department a trust and agency fund to be known as the "Building Inspectors' Financial Incentive Training Program fund".

(3) If the department establishes the Building Inspectors' Financial Incentive Training Program fund:

(a) The fund shall be funded annually with a maximum of one hundred twenty- five thousand dollars ($125,000) at a rate of one-half cent ($.005) per calculated square foot from the department's plan review fees collected;

(b) Any funds annually resulting from plan review fees in excess of one hundred twenty-five thousand dollars ($125,000) shall be used solely for the operating costs of the department's building inspection program;

(c) Moneys deposited annually into the Building Inspectors' Financial Incentive Training Program fund shall be available for use by the department to support the training program established pursuant to subsection (1) of this section; and

(d) No moneys shall be deposited into the Building Inspectors' Financial Incentive Training Program fund causing the balance to exceed one hundred twenty-five thousand dollars ($125,000).

(4) Notwithstanding KRS 45.229, any unused fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year. Moneys in the fund shall be available only for the purposes specified in subsection (1) of this section.

(5) Any interest earnings of the trust fund shall become part of the fund and shall not lapse.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 10, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 254, effective July 15, 2010; and ch. 167, sec. 1, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 322, sec. 1, effective July 14, 2000. 2020-2022 Budget Reference. See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. V, H, 3 at 941.

Legislative Research Commission Note (7/15/2010). References to the "office" of housing, buildings and construction in this section, as amended by Ky. Acts ch. 167, sec. 1, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2010-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to Ky. ch. 24, sec. 1938.

198B.100 Manufactured or mobile home exemption.

Unless explicitly stated, exemption of manufactured or mobile homes from the provisions of this chapter shall not exempt them from provisions of existing law regulating them for the purposes of health, safety, and welfare.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 11, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 340, sec. 16, effective July 15, 1996. -- Created 1978 Ky. Acts ch. 117, sec. 10, effective June 17, 1978.

198B.110 Repealed, 2015.

[Repealed]

198B.120 Injunctions to enforce building code compliance.

The department or any local government agency enforcing the Uniform State Building Code may obtain injunctive relief from any court of competent jurisdiction to enjoin the offering for sale, delivery, use, occupancy or construction of any building on which construction was begun after the effective date of the code, upon an affidavit of the department or the local government agency specifying the manner in which the construction, or if a building existing prior to the effective date of the code, the reconstruction, alteration, repair or conversion does not conform to the requirements of this chapter or the Uniform State Building Code.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 12, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 256, effective July 15, 2010. -- Created 1978 Ky. Acts ch. 117, sec. 12, effective June 17, 1978.

198B.130 Private action for damages -- Time limitation.

(1) Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this chapter or the Uniform State Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the violation. An award may include damages and the cost of litigation. If a certificate of occupancy was not issued, then an award may also include reasonable attorney's fees.

(2) Any action based upon a claim of violation of this section shall be brought within one (1) year of the date on which the damage is discovered or in the exercise of reasonable diligence could have been discovered. However, in no event shall an action be brought under this section more than ten (10) years after the date of first occupation or settlement date, whichever is sooner.

(3) Nothing in this section shall be construed to bar any common law liability of a contractor or subcontractor or any right or cause of action against any contractor or subcontractor created by any other statute.

Effective: July 15, 2020

History: Amended 2020 Ky. Acts ch. 62, sec. 1, effective July 15, 2020. -- Amended 1998 Ky. Acts ch. 445, sec. 1, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 117, sec. 13, effective June 17, 1978.

198B.135 Presumption regarding defectiveness of building design, construction, materials, or supplies where injury, death, or damage occurs more than five years after completion or incorporation.

In any action alleging defective building design, construction, materials, or supplies where the injury, death, or property damage occurs more than five (5) years after the date of completion of construction or incorporation of materials or supplies into the building, there shall be a presumption that the building was not defective in design, construction, materials, or supplies. This presumption may be overcome by a preponderance of the evidence to the contrary.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 154, sec. 1, effective July 14, 1992.

198B.140 Hindrance of building inspectors prohibited.

No person shall hinder an inspector enforcing any of the provisions of this chapter in the performance of his lawful duties under this chapter.

Effective: June 17, 1978

History: Created 1978 Ky. Acts ch. 117, sec. 14, effective June 17, 1978.

198B.200 Repealed, 2017.

[Repealed]

198B.250 Repealed, 2017.

[Repealed]

198B.260 Administrative regulations to make buildings accessible to and usable by persons with a disability -- Compliance required.

(1) The department shall promulgate administrative regulations, pursuant to KRS Chapter 13A, applicable to all new and altered buildings which shall establish requirements for making all buildings accessible to and usable by persons with a disability. These regulations shall require, as a minimum, that all buildings, with the exception of one (1) and two (2) family dwellings, multifamily projects consisting of twenty-four (24) living units or less, church buildings, and historical structures whose historic significance would be threatened or destroyed, be accessible to persons with a disability. If multifamily projects are not exempt under this subsection, only one (1) out of every twenty-five (25) units shall be accessible to persons with a disability. The administrative regulations shall be incorporated into the Kentucky Building Code.

(2) The administrative regulations promulgated by the department shall be consistent with the Federal 1991 Americans with Disabilities Act and the American Disabilities Act Guidelines.

(3) No building permit or other official authorization for construction of any building shall be valid unless the plans and specifications are in compliance with the accessibility requirements stated in the Kentucky Building Code.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 14, effective June 29, 2017. -- Amended 1994 Ky. Acts ch. 405, sec. 51, effective July 15, 1994; and ch. 416, sec. 12, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 280, sec. 1, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 361, sec. 3, effective July 15, 1980.

Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 405 and 416 which are in conflict. Under KRS 446.250, Acts ch. 416, which was last enacted by the General Assembly, prevails.

198B.270 Present requirements in effect until new regulations filed.

The requirements for accessibility as established in 815 KAR 40:010 on November 13, 1974, shall remain in effect until such time as the board shall file new regulations pursuant to KRS 198B.260.

Effective: July 15, 1980

History: Created 1980 Ky. Acts ch. 361, sec. 4, effective July 15, 1980.

198B.280 Exemption for temporary change.

Any proposed change of occupancy to a more restrictive classification, for temporary purposes only, shall not be required to comply with this chapter if prior approval for such use is obtained pursuant to KRS 227.300 and the regulations adopted thereunder.

Effective: July 13, 1984

History: Created 1984 Ky. Acts ch. 163, sec. 1, effective July 13, 1984.

198B.290 Issuance of rebuilding permits for certain types of property contiguous to river in counties with city of first class or consolidated local government and cities within such county.

In counties with cities of the first class or a consolidated local government and cities within those counties, a permit to rebuild a commercial business on property contiguous to a river, and a permit to rebuild single-family dwellings on properties contiguous to a river, shall be issued if the construction plans meet the requirements of any local floodplain ordinance.

Effective: July 15, 2002

History: Amended 2002 Ky. Acts ch. 346, sec. 199, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 511, sec. 2, effective July 15, 1998.

Safety Glazing in Hazardous Locations Safety Glazing in Hazardous Locations

198B.300 Definitions for KRS 198B.310 to 198B.330.

As used in KRS 198B.310 to 198B.330:

(1) "Safety glazing material" means any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic that:

(a) Meets the test requirements of the current ANSI standard or other generally accepted industry standard as adopted by the department through the promulgation of an administrative regulation;

(b) Is so constructed, treated, or combined with other materials to minimize the likelihood of cutting or piercing injuries resulting from human contact with the glazing material; and

(2) "Hazardous locations" means those installations, glazed or to be glazed, in residential, commercial and public buildings known as sliding glass doors, framed or unframed glass doors and adjacent fixed glazed panels which may be mistaken for means of ingress or egress, storm doors, shower doors, and tub inclosures, whether or not the glazing in such doors, panels or inclosures is transparent, and in any other area wherein the use of other than safety glazing materials would constitute a hazard.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 15, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 259, effective July 15, 2010. -- Amended and reenacted as KRS 198B.300, 1980 Ky. Acts ch. 188, sec. 4, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(12). -- Created 1970 Ky. Acts ch. 227, sec. 1. Formerly codified as KRS 17.410.

198B.310 Labeling requirements.

(1) Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in a similar location within the Commonwealth of Kentucky shall be permanently labeled by such means as etching, sandblasting or firing ceramic material on the safety glazing material. The label shall identify the labeler, whether manufacturer, fabricator, or installer, and the nominal thickness and the type of safety glazing material and the fact that the material meets the test requirements of the current ANSI standard or other generally accepted industry standard as adopted by the department through the promulgation of an administrative regulation; and any further requirements that may be adopted by the department. The label shall be legible and visible after installation.

(2) Safety glazing labeling shall not be used on other than safety glazing materials.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 16, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 260, effective July 15, 2010. -- Repealed and reenacted as KRS 198B.310, 1980 Ky. Acts ch. 188, sec. 5, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(12). -- Created 1970 Ky. Acts ch. 227, sec. 2. Formerly codified as KRS 17.420.

198B.320 Prohibitions.

It shall be unlawful within the Commonwealth of Kentucky to knowingly sell, fabricate, assemble, glaze, install, consent or cause to be installed glazing materials other than safety glazing materials in, or for use in, any hazardous location.

Effective: July 15, 1980

History: Repealed and reenacted as KRS 198B.320, 1980 Ky. Acts ch. 188, sec. 6, effective July 15, 1980. -- Created 1970 Ky. Acts ch. 227, sec. 3. Formerly codified as KRS 17.430.

198B.330 Workers exempt from liability.

No liability under KRS 198B.310 to this section shall be created as to workers who are employees of a contractor, subcontractor, or other employer responsible for compliance with KRS 198B.310 to this section.

Effective: July 15, 1980

History: Amended and reenacted as KRS 198B.330, 1980 Ky. Acts ch. 188, sec. 7, effective July 15, 1980. -- Created 1970 Ky. Acts ch. 227, sec. 4. Formerly codified as KRS 17.440.

Elevator and Fixed Guideway System Contractors, Mechanics, and Inspectors Elevator and Fixed Guideway System Contractors, Mechanics, and Inspectors

198B.400 Definitions for KRS 198B.400 to 198B.540.

As used in KRS 198B.400 to 198B.540, unless the context otherwise requires:

(1) "Elevator" means all the machinery, construction, apparatus, and equipment used in raising and lowering a car, cage, or platform vertically between permanent rails or guides, and includes all elevators, power dumbwaiters, escalators, gravity elevators, and other lifting or lowering apparatus permanently installed between rails or guides, but does not include hand operated dumbwaiters, manlifts of the platform type with a platform area not exceeding nine hundred square inches, construction hoists, or other similar temporary lifting or lowering apparatus;

(2) "Passenger elevator" means an elevator that is designed to carry persons to its contract capacity;

(3) "Freight elevator" means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride;

(4) "General inspector" means a state inspector examined and hired to inspect elevators for the department;

(5) "Special inspector" means an inspector examined and certified by the department to inspect elevators in the state;

(6) "Inspector" means either a general or special inspector;

(7) "Department" means the Department of Housing, Buildings and Construction;

(8) "Certificate of operation" means a certificate issued by the department authorizing the operation of an elevator which shall be conspicuously posted on the elevator at all times;

(9) "Escalator" means a moving stairway consisting of steps attached to a continuously circulating belt that is used to move persons from one (1) level to another;

(10) "Moving sidewalk" means horizontal flat panels attached to a continuously circulating belt used to move people;

(11) "Fixed guideway system" means any nonrail system, funicular, or automated people mover, either air-suspended or wheeled, that is not regulated by the Federal Transit Administration;

(12) "Mine elevator" means an elevator permanently installed in a mine shaft to provide vertical transportation of mine personnel, their tools, equipment, and mine supplies;

(13) "Stage elevator" means a section of a stage arranged to be raised and lowered above and below the stage in a vertical direction;

(14) "Orchestra elevator" means a platform used for raising and lowering musicians in an orchestra in a vertical direction;

(15) "Organ console elevator" means a mechanism used for raising and lowering an organ console, including the organist, in a vertical direction;

(16) "Material lift" means a hoisting and lowering mechanism equipped with a car that moves within a guide system installed at an angle of greater than seventy

(70) degrees from the horizontal, serving two (2) or more landings, for the purpose of transporting materials that are manually or automatically loaded or unloaded. A person shall not ride on a material lift;

(17) "Elevator contractor" means any sole proprietor, partnership, or corporation possessing an elevator contractor license issued by the department and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or fixed guideway systems;

(18) "Elevator mechanic" means any person who:

(a) Possesses an elevator mechanic license issued by the department;

(b) Is employed by an elevator contractor; and

(c) Is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or fixed guideway systems;

(19) "Elevator helper" or "elevator apprentice" means any person who works under the general supervision of a licensed elevator mechanic. An elevator helper or elevator apprentice is not subject to licensure;

(20) "Commissioner" means the commissioner of the Department of Housing, Buildings and Construction;

(21) "Direct and immediate supervision" means that the licensed supervising authority is on site. The supervisor is not required to have actual or direct sight of the person being directly supervised;

(22) "General supervision" means that the supervising authority oversees the work performed overall but is not required to be on-site at all times during work relating to elevators or fixed guideway systems;

(23) "Accessibility and residential elevator mechanic" means any person who:

(a) Possesses an accessibility and residential elevator mechanic license issued by the department;

(b) Is employed by an elevator contractor; and

(c) Is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining accessibility lifts and private residential elevators;

(24) "Accessibility lift" means a hoisting and lowering mechanism, that moves within a guide system, serving two (2) or more landings, for the purpose of transporting a person; and

(25) "Private residential elevator" means a passenger elevator installed within a structure subject to the Kentucky Residential Code as established in 815 KAR 7:125, but shall not be shared by units if installed in a multifamily dwelling.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 17, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 31, sec. 1, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 261, effective July 15, 2010; and ch. 116, sec. 19, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 1, effective July 12, 2006. -- Amended 1980 Ky. Acts ch. 295, sec. 85, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 232, sec. 3; and ch. 299, sec. 77. -- Created 1974 Ky. Acts ch. 239, sec. 1. Formerly codified as KRS 336.510.

Legislative Research Commission Note (7/1/2011). 2010 Ky. Acts ch. 116, sec. 39, provides that "KRS 198B.400 to 198B.540 shall be known and may be cited as the Kentucky Elevator Safety Act."

Legislative Research Commission Note (7/1/2011). References to the "Office of Housing, Buildings and Construction" and the "executive director" of housing, buildings and construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 19, have been changed in codification to the "Department of Housing, Buildings and Construction" and the "commissioner" of housing, buildings and construction, respectively, to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4003 Elevator or fixed guideway system work requiring licensed elevator mechanic and supervising general contractor -- Exceptions.

(1) Only a licensed elevator mechanic working under the general supervision of an elevator contractor may:

(a) Erect, construct, alter, replace, maintain, remove, or dismantle any elevator or fixed guideway system contained within buildings or structures; or

(b) Wire any elevator or fixed guideway system from the mainline feeder terminals on the controller.

(2) A licensed elevator contractor shall not be required for removing or dismantling elevators or fixed guideway systems:

(a) That are destroyed as a result of a complete demolition of a secured building or structure; or

(b) Where the hoistway or wellway is demolished back to the basic support structure and does not allow access that could endanger the safety and welfare of a person.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 18, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 1, effective July 1, 2011.

198B.4005 Repealed, 2017.

[Repealed]

198B.4007 Repealed, 2017.

[Repealed]

198B.4009 License required to work as elevator contractor or mechanic -- Exemption for helper or apprentice -- Applicability to public universities -- Administrative regulations.

(1) A person shall not work as an elevator contractor or elevator mechanic unless licensed by the department. A person may work as an elevator helper or apprentice without a license while under the general supervision of a licensed elevator mechanic.

(2) A person who is a regular and bona fide full-time employee of a public university and who performs only routine maintenance on elevators for the public university shall be licensed as an elevator mechanic. The public university shall not be required to become licensed as an elevator contractor to employ a licensed elevator mechanic performing elevator maintenance for the public university under this subsection. An elevator mechanic who qualifies under this subsection shall only be authorized to conduct routine maintenance on any elevators for the public university, and shall be prohibited from performing any of the other activities authorized by KRS 198B.4003(1).

(3) The department, with input and comments from the committee if required by KRS 198B.030(8), may promulgate administrative regulations necessary to implement KRS 198B.400 to 198B.540.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 19, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 4, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 4, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4011 Application for licensure as elevator contractor -- Contents -- Eligibility requirements.

(1) An application for licensure as an elevator contractor shall contain the following:

(a) For an applicant who is a person or sole proprietor:

Name;
Residence; and
Business address of the applicant;

(b) For an applicant that is a partnership:

Names of the partners;
Residential addresses of the partners; and
Business address of the partnership;

Name of the principal corporate officer;
Residential address of the principal corporate officer; and
Business address of the corporation;

(d) For an applicant that is a corporation other than a domestic corporation:

Name of the corporation's agent who is authorized to accept service of process and official notices on behalf of the corporation in the state; and
Physical address of the corporation's authorized agent;

(e) The number of years the applicant has engaged in the business of installing, maintaining, or servicing elevators or fixed guideway systems;

(f) The approximate number of persons, if any, to be employed by the elevator contractor applicant;

(g) Proof that he or she has complied with workers' compensation and unemployment insurance laws;

(h) Evidence that the applicant is covered by general liability, personal injury, and property damage insurance;

(i) Criminal record of convictions, if any, as verified through a criminal background check conducted by the Department of Kentucky State Police. The cost of the background check shall be paid by the applicant; and

(j) Upon request by the department, supplemental documentation of information required by this section.

(2) An applicant for an elevator contractor license shall:

(a) Employ at least one (1) licensed elevator mechanic who performs the work described in KRS 198B.4003; and

(b) Have proof of compliance with insurance requirements of KRS 198B.4027.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 5, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). A reference to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 5, has been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4013 Application for licensure as elevator mechanic -- Contents -- Eligibility requirements.

(1) An application for licensure as an elevator mechanic shall contain the following:

(a) Name;

(b) Residential address;

(d) The number of years the applicant has engaged in the business of installing, maintaining, or servicing elevators or fixed guideway systems;

(e) The types of elevators or fixed guideway systems the applicant installed, maintained, or serviced during the applicant's years of experience;

(f) Identification of the type of license, whether an elevator mechanic license or an accessibility and residential elevator mechanic license, sought by the applicant; and

(g) Upon request by the department, supplemental documentation of information required by this section.

(2) An applicant for an elevator mechanic license or an accessibility and residential elevator mechanic license shall demonstrate one (1) or more of the following to be eligible for licensure:

(a) 1. Proof the applicant for an elevator mechanic license has not less than thirty-six (36) months of work experience in the elevator industry, in construction, maintenance, service, repair, or any combination of these activities as verified by current and previous employers, or equivalent experience while serving in the United States military services; and

Passage of a written, oral, or computerized examination administered by the department or the department's designee based upon the most recent referenced codes and standards for full licensure;

(b) 1. Proof the applicant for an accessibility and residential elevator mechanic license has not less than twelve (12) months of work experience in the elevator industry, in construction, maintenance, service, repair, or any combination of the activities verified by current and previous employers, or equivalent experience while serving in the United States military services; and

Passage of a written, oral, or computerized examination administered by the department or the department's designee based upon the most recent referenced codes and standards for the accessibility and residential elevator mechanic license the applicant seeks;

(c) Proof the applicant has worked without direct and immediate supervision as an elevator constructor, maintenance, or repair person for not less than three

(3) years immediately prior to July 1, 2011;

(d) Certificate of completion from a nationally recognized training program for the elevator industry such as the National Elevator Industry Educational Program, National Association of Elevator Contractors, or an equivalent program approved by the commissioner for elevator mechanic licensure;

(e) For accessibility and residential elevator mechanic licensure, a certificate of completion from a nationally recognized training program specifically designed for the accessibility and private residence lift, such as the National Association of Elevator Contractors, or an equivalent program approved by the commissioner; or

(f) 1. Certificate of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of KRS 198B.400 to 198B.540; and

Proof of registration with the Bureau of Apprenticeship and Training, United States Department of Labor, or a state apprenticeship council.

Effective: June 25, 2013

History: Amended 2013 Ky. Acts ch. 31, sec. 2, effective June 25, 2013. -- Created 2010 Ky. Acts ch. 116, sec. 6, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 6, have been changed in codification to the "department" of housing, buildings and construction and the "commissioner" of housing, buildings and construction, respectively, to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4015 Qualifications for licensure prior to July 1, 2012.

(1) An applicant for licensure as an elevator contractor under KRS 198B.4011 or as an elevator mechanic under KRS 198B.4013 who applies to the department prior to July 1, 2012, shall be licensed by the department without completing the licensure requirements as established in KRS 198B.400 to 198B.540, if the applicant is currently licensed, certified, or registered as an elevator contractor or elevator mechanic in another state whose standards are substantially equal to those in KRS 198B.400 to 198B.540.

(2) Prior to July 1, 2012, an applicant who does not qualify for licensure under KRS 198B.4011 or 198B.4013 or subsection (1) of this section shall qualify for licensure by showing a minimum of three (3) years of verifiable experience engaging in business as an elevator contractor or elevator mechanic in this state.

(3) After July 1, 2012, licensure under this section shall cease.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 7, effective July 1, 2011.

Legislative Research Commission Note (7/12/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 7, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4017 Reciprocity -- Terms and conditions.

Any person, sole proprietor, partnership, or corporation holding a valid elevator or fixed guideway system license from a state that has licensing, educational, and experience requirements substantially equal to or greater than those of KRS 198B.400 to 198B.540, and which grants licensing privileges to persons licensed in this state, may be issued an equivalent license in this state upon terms and conditions determined by the department. The terms and conditions shall be promulgated as an administrative regulation by the department.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 8, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. ch. 116, sec. 8, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

Legislative Research Commission Note (7/1/2011). The Reviser of Statutes has corrected a manifest clerical or typographical error by inserting "system" after "guideway" in the first sentence of this section.

198B.4019 Emergency elevator mechanic license -- Proof of competency -- Time and geographic limitations -- Renewal.

(1) The department shall issue emergency elevator mechanic licenses whenever an emergency is declared by the Governor due to disaster, act of God, or work stoppage, and the number of persons in the state holding licenses granted by the department is determined by the commissioner to be insufficient to cope with the emergency.

(2) Elevator contractors shall respond as necessary to ensure the safety of the public.

(3) Any person confirmed by a licensed elevator contractor to have a combination of documented experience and education to perform elevator work without direct and immediate supervision shall seek an emergency elevator mechanic's license from the department within five (5) business days after commencing work under this emergency provision if the work requires a license under ordinary circumstances. The elevator contractor employing the elevator mechanic shall furnish proof of competency as required by the department.

(4) Each emergency elevator mechanic license shall be valid for a period of forty-five

(45) days from the date of issuance and for the particular elevators or geographical areas designated by the department, and otherwise shall entitle the licensee to the rights and privileges of an elevator mechanic licensed under KRS 198B.400 to 198B.540.

(5) The department may renew an emergency elevator mechanic license during the existence of a continuing emergency.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 9, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 9, have been changed in codification to the "department" of housing, buildings and construction and the "commissioner" of housing, buildings and construction, respectively, to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4021 Temporary elevator mechanic license -- Proof of competency -- License valid for one year -- Renewal.

(1) An elevator contractor shall notify the department when the contractor has a shortage of licensed personnel available, due to a reduction in licensed elevator mechanics employed by the contractor or an increase in work, to perform elevator work. The elevator contractor may request that the department issue temporary elevator mechanic licenses to persons confirmed by the licensed elevator contractor to have a combination of a minimum of twenty-four (24) months' documented experience and education as part of:

(a) A state-certified apprenticeship educational program;

(b) A training program provided by the National Elevator Industry Educational Program or the National Association of Elevator Contractors; or

(c) Equivalent experience while serving in the United States military services; to perform elevator work without direct and immediate supervision, not to exceed twenty-five percent (25%) of the number of licensed personnel employed by the elevator contractor.

(2) Any person confirmed by an elevator contractor to have a combination of a minimum of twenty-four (24) months' documented experience and education as part of:

(a) A state-certified apprenticeship educational program;

(b) A training program provided by the National Elevator Industry Educational Program or the National Association of Elevator Contractors; or

(c) Equivalent experience while serving in the United States military services; to perform elevator work without direct and immediate supervision shall be eligible to immediately seek a temporary elevator mechanic license from the department.

(3) Each temporary license shall be valid for a period of one (1) year and only while the licensee is employed by the licensed elevator contractor that confirmed the individual as qualified.

(4) The temporary license shall be renewable for one (1) additional term of one (1) year.

Effective:April 8, 2022

History: Amended 2022 Ky. Acts ch. 108, sec. 3, effective April 8, 2022. -- Created 2010 Ky. Acts ch. 116, sec. 10, effective July 1, 2011.

Legislative Research Commission Note (4/8/2022). During codification, the format of subsections (1) and (2) of this statute were changed in order to correct a formatting error that occurred with the engrossment of the floor amendment into this statute. The words of the text were not changed. This correction was made under the authority of KRS 7.136(1).

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. ch. 116, sec. 10, have been changed in codification to the "department" of housing, building and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4023 Renewal, expiration, termination, and reinstatement of license issued under KRS 198B.400 to 198B.540 -- Inactive license.

(1) A person licensed under KRS 198B.400 to 198B.540 shall annually, on or before the last day of the licensee's birth month, renew his or her license.

(2) A sixty (60) day grace period shall be allowed after the anniversary date of the license, during which time a licensee may continue to practice and may renew his or her license upon meeting the requirements promulgated through administrative regulations by the department.

(3) A license not renewed before the end of the sixty (60) day grace period shall terminate based on the failure of the licensee to renew in a timely manner. Upon termination of a license, the licensee shall be ineligible to practice in the Commonwealth.

(4) After the sixty (60) day grace period, a former licensee with a terminated license may have the license reinstated upon meeting the requirements promulgated through administrative regulations by the department. An applicant for reinstatement after termination of the license shall not be required to submit to any examination as a condition for reinstatement, if the reinstatement application is made within three (3) years from the date of termination.

(5) A suspended license shall be subject to expiration and termination and shall be renewed as provided in this section. Renewal shall not entitle the licensee to engage in the practice until the suspension has ended or is otherwise removed by the department and the right to practice is restored by the department.

(6) A revoked license shall be subject to reinstatement, expiration, or termination but shall not be renewed.

(7) An applicant for renewal or reinstatement of a license shall show evidence of completing at least eight (8) hours of continuing education provided by the National Elevator Industry Educational Program, National Association of Elevator Contractors, or another provider approved by the department. The department shall promulgate administrative regulations establishing the permissible content of continuing education programs and the qualifications of the providers.

(8) When applicable, an applicant for renewal or reinstatement of an elevator contractor license shall submit proof that the applicant has complied with workers' compensation and unemployment insurance laws and administrative regulations and has obtained general liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one (1) occurrence, with coverage of at least five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence.

(9) The department may, through the promulgation of administrative regulations:

(a) Establish an inactive license for licensees who are not actively engaging in the elevator or fixed guideway system business, but who wish to maintain their license;

(b) Determine continuing education requirements for reactivation;

(d) Establish reactivation procedures.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 20, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 11, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 11, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4025 Continuing education requirements -- Waiver -- Revocation of program approval if continuing education records falsified.

(1) An applicant for the renewal of an elevator contractor license or elevator mechanic license shall submit a certificate of completion from a continuing education course or courses that instruct licensees on new and existing applicable administrative regulations of the department.

(2) Licensed elevator contractors and licensed elevator mechanics shall complete at least eight (8) hours of continuing education annually. Continuing education for a renewal year shall be attended and completed during that renewal year.

(3) Continuing education courses shall be taught by instructors employed by continuing education providers that may include but shall not be limited to association seminars and labor training programs. Continuing education programs provided by the National Elevator Industry Educational Program or the National Association of Elevator Contractors shall be approved to meet the requirements for continuing education. The department may approve other education programs that meet its requirements established through administrative regulation under KRS 198B.4023(7).

(4) A licensee who is unable to complete the continuing education requirements for renewal under this section prior to the expiration of his or her license due to temporary disability may apply for a waiver from the department. The waiver shall be on a form provided by the department, with a notarized signature of the licensee, and accompanied by a certified statement from a physician attesting to the temporary disability. Application for medical waiver shall be received by the department prior to the final day of the licensee's birth month. Upon termination of the temporary disability, the licensee shall submit a supplementary certified statement attesting to the termination of the temporary disability and proof of attendance of at least eight (8) hours of continuing education.

(5) Falsifying or knowingly allowing another to falsify continuing education attendance records or certificates of completion shall constitute grounds for revocation of program approval required under this section.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 21, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 12, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 12, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4027 Proof of insurance -- Minimum coverage.

Elevator contractors shall submit proof of insurance to the department for an insurance policy issued by an insurance company or other legal entity permitted to transact insurance business in Kentucky, providing:

(1) General liability coverage of at least one million dollars ($1,000,000) for injury or death of any number of persons in any one (1) occurrence;

(2) Coverage of at least five hundred thousand dollars ($500,000) for property damage in any one (1) occurrence; and

(3) Statutory workers' compensation insurance coverage.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 13, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). A reference to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 13, has been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24. sec. 1938.

198B.4029 Construction of KRS 198B.400 to 198B.540.

The provisions of KRS 198B.400 to 198B.540 shall not be construed to relieve or lessen the responsibility or liability of any person, partnership, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator, fixed guideway system, or other related mechanisms for damages to person or property caused by any specifically related defect.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 14, effective July 1, 2011.

198B.4031 Disciplinary hearings -- Summary suspension -- Elevator or fixed guideway system work by unlicensed individual -- Cease-and-desist order.

(1) The department shall conduct disciplinary hearings in accordance with KRS Chapter 13B.

(2) The commissioner may summarily suspend a license for up to ninety (90) days before a final adjudication or during an appeal of the commissioner's determination if he or she believes that allowing the licensee to keep an active license would represent a clear and immediate danger to the public's health, safety, or property if the licensee is allowed to continue working.

(3) The commissioner shall issue a letter to cease and desist with notice of opportunity to be heard in accordance with a KRS Chapter 13B hearing, to any individual if the commissioner determines that:

(a) An individual is not licensed under the provisions of this chapter; and

(b) The individual is engaged in, or believed to be engaged in, activities for which an elevator contractor's or elevator mechanic's license is required under KRS 198B.400 to 198B.540.

(4) After completion of the KRS Chapter 13B hearing, if it is determined that the individual's activities are subject to licensure under KRS 198B.400 to 198B.540, the commissioner shall issue a cease-and-desist order that identifies the individual and specifically states the activities that are subject to the order.

(5) A cease-and-desist order issued under this section shall be enforceable in the Circuit Court of the county of the licensee's place of business in accordance with KRS Chapter 13B.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 15, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 15, have been changed in codification to the "department" of housing, buildings and construction and the "commissioner" of housing, buildings and construction, respectively, to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4033 Suspension, revocation, or nonrenewal of license -- Grounds -- Hearing -- Appeal.

(1) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may suspend, revoke, or refuse to renew the license of an elevator contractor or elevator mechanic for any of the following actions by the licensee:

(a) Use of false evidence or misrepresentation in an application for an elevator contractor's or elevator mechanic's license;

(b) Attempting to transfer authority granted to the licensed contractor or mechanic to another individual;

(c) Incompetency or negligence relating to elevator service, installation, repair, or maintenance as determined by the commissioner;

(d) Conviction of a felony after July 1, 2011;

(e) Fraudulent or dishonest practices while engaging in the business of elevator service, installation, repair, or maintenance;

(f) Aiding or abetting any person attempting to evade the provisions of KRS 198B.400 to 198B.540; or

(g) Violating any provision of KRS 198B.400 to 198B.540 or the administrative regulations promulgated under KRS 198B.400 to 198B.540.

(2) Subject to a hearing in accordance with KRS Chapter 13B, the commissioner shall revoke the license of an elevator contractor or elevator mechanic who continues to work as if holding a valid license during a suspension imposed by the commissioner.

(3) Any licensee who is aggrieved by a final order of the commissioner, resulting in the suspension, refusal to renew, or revocation of his or her license may appeal to the Circuit Court of the county of the licensee's place of business in accordance with KRS Chapter 13B.

(4) Any reason for licensee discipline under subsection (1) of this section may also serve as the reason to deny an initial application for licensure as an elevator contractor or elevator mechanic.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 16, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 16, have been changed in codification to the "commissioner" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.4035 Reapplication after revocation of license.

If the license of an elevator contractor or elevator mechanic is revoked for any reason, the former licensee may, at the conclusion of the revocation period, reapply for his or her license.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 17, effective July 1, 2011.

198B.4037 Elevator safety program trust fund.

(1) The elevator safety program trust fund is created in the State Treasury as a separate revolving fund to be administered by the department. The trust fund shall consist of amounts deposited in the fund as provided in KRS 198B.530 and any other proceeds from grants, contributions, appropriations, or other money made available for the purposes of the trust fund.

(2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year to be used for the purposes set forth in this section.

(3) Any interest earnings of the trust fund shall become a part of the trust fund and shall not lapse.

(4) Trust fund moneys shall be used and are hereby appropriated for reasonable administrative expenses associated with the elevator safety.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 22, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 18, effective July 1, 2011. 2020-2022 Budget Reference. See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. V, H, 3 at 941.

Legislative Research Commission Note (7/1/2011). A reference to the "Office of Housing, Buildings and Construction" in this section, as created by 2010 Ky. Acts ch. 116, sec. 18, has been changed in codification to the "Department of Housing, Buildings and Construction" to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.410 Inspectors -- Certificates of competency -- Application -- Examination -- Issuance -- Reexamination.

(1) A person shall not act either as a general inspector or as a special inspector of elevators or fixed guideway systems unless he or she holds a certificate of competency from the department.

(2) Application for examination as an inspector of elevators shall be in writing, accompanied by a fee of ten dollars ($10), upon a form furnished by the department, stating the school education of the applicant, a list of his or her employers, his or her period of employment, and the position held with each. An applicant shall also submit a letter from one (1) or more of his or her previous employers attesting to his or her character and experience.

(3) Applications that contain any willful falsification or untruthful statements shall be rejected. The applicant, if the department deems his or her history and experience sufficient, shall be tested by means of a written examination dealing with the construction, installation, operation, maintenance, and repair of elevators, fixed guideway systems, and their appurtenances. The applicant shall be accepted or rejected on the merits of his or her application and examination.

(4) The department shall promulgate administrative regulations establishing the training and certification requirements for inspectors of fixed guideway systems.

(5) The department shall issue a certificate of competency in the inspection of elevators to any applicant found competent upon examination. A rejected applicant shall be entitled, after the expiration of ninety (90) days, and upon payment of an examination fee of ten dollars ($10), to another examination. If an applicant fails to pass the prescribed examination on a second attempt, he or she shall not be permitted to apply for another examination for a period of one (1) year after the second failure.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 23, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 262, effective July 15, 2010; and ch. 116, sec. 20, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 2, effective July 12, 2006. -- Amended 1980 Ky. Acts ch. 295, sec. 86, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 239, sec. 2. Formerly codified as KRS 336.520.

198B.420 State Elevator and Fixed Guideway System Inspection Program -- Qualifications of director -- Appointment of general inspectors -- Investigation of alleged violations of KRS 198B.400 to 198B.540.

(1) The department shall administer all aspects of the State Elevator and Fixed Guideway System Inspection Program.

(2) The program shall be directed by a person with at least five (5) years' experience in the inspection or construction, installation, maintenance, and repair of elevators, fixed guideway systems, and their appurtenances.

(3) The commissioner may appoint and hire, from the holders of certificates of competency, general inspectors of elevators.

(4) Any person may request an investigation into an alleged violation of KRS 198B.400 to 198B.540 by giving notice to the department of the violation or danger. This notice shall be:

(a) In writing;

(b) Set forth with particularity regarding the grounds for the notice; and

(5) If, upon receipt of the request for investigation, the department determines that there is evidence that a violation or danger exists, the department shall conduct an investigation in accordance with KRS 198B.400 to 198B.540 as soon as practicable. If the department finds no grounds to substantiate that a violation or danger exists, the department shall notify the requesting party in writing of the findings within fourteen (14) calendar days of the determination.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 24, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 263, effective July 15, 2010; and ch. 116, sec. 21, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 3, effective July 12, 2006. -- Amended 1990 Ky. Acts ch. 72, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 143, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 295, sec. 87, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 299, sec. 78. -- Created 1974 Ky. Acts ch. 239, sec. 3. Formerly codified as KRS 336.530.

Legislative Research Commission Note (7/1/2011). References to the "Office" of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 21, have been changed in codification to the "Department" of Housing, Buildings and Construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.430 Employment of special inspectors.

From the holders of certificates of competency in the inspection of elevators, any company which is authorized to insure elevators in the state may designate persons to inspect elevators covered by that company's policies, and the municipal government of any city may designate persons to inspect elevators in that city.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 25, effective June 29, 2017. -- Created 1974 Ky. Acts ch. 239, sec. 4. Formerly codified as KRS 336.540.

198B.440 Suspension or revocation of certificates.

A certificate to serve as an inspector issued under KRS 198B.410 may be suspended or revoked by the department for the incompetence or untrustworthiness of the holder thereof, or for the falsification of any matter or statement contained in his or her application or in a report of any inspection.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 264, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 157, sec. 4, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 299, sec. 79. -- Created 1974 Ky. Acts ch. 239, sec. 5. Formerly codified as KRS 336.550.

198B.450 Lost or destroyed certificates.

If a certificate issued under KRS 198B.410 is lost or destroyed, a new one shall be issued in its place by the department without another examination, upon the payment of a fee of one dollar ($1).

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 24, sec. 265, effective July 15, 2010; and ch. 116, sec. 22, effective July 1, 2011. -- Amended 1980 Ky. Acts ch. 295, sec. 88, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 239, sec. 6. Formerly codified as KRS 336.560.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been codified together.

198B.460 Registration of elevators and fixed guideway systems -- Time of registration.

(1) The owner or user of any elevator or fixed guideway system shall register with the department every elevator or fixed guideway system operated by him or her, giving the type, capacity, description, name of manufacturer, and purpose for which each is

used. The registration shall be made on a form to be furnished by the department.

(2) If the department has the information required by subsection (1) of this section in its possession, the owner or lessee shall not be required to duplicate the information. Elevators and fixed guideway systems for which construction has begun after July 1, 2011, shall be registered at the time they are completed and placed in service.

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 24, sec. 266, effective July 15, 2010; and ch. 116, sec. 23, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 5, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 299, sec. 80. -- Created 1974 Ky. Acts ch. 239, sec. 9. Formerly codified as KRS 336.590.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (7/1/2011). A reference to the "Office" of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 23, has been changed in codification to the "Department" of Housing, Buildings and Construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.470 Annual inspection -- Exemptions.

(1) Except as indicated under subsection (2) of this section, every passenger elevator, freight elevator, moving sidewalk, fixed guideway system, and escalator shall be inspected once every twelve (12) months.

(2) The following shall be exempt from the annual inspection requirements of subsection (1) of this section:

(a) Material lifts;

(b) Grain elevators;

(d) Stage elevators;

(e) Orchestra elevators;

(f) Organ console elevators;

(g) Elevators and lifting devices solely in residential buildings used by the occupants of a dwelling unit, except where the lifting device is used or accessible by the occupants of more than one (1) dwelling unit;

(h) Freight elevators on the licensed premises of a distillery licensed under KRS 243.030(1);

(i) Non-federally regulated, funicular fixed guideway systems; and

(j) Passenger elevators, freight elevators, moving sidewalks, fixed guideway systems, and escalators installed in federal properties and projects.

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 116, sec. 24, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 6, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 232, sec. 4. -- Created 1974 Ky. Acts ch. 239, sec. 10. Formerly codified as KRS 336.600.

198B.480 Report of inspection -- Hearing on construction plans and specifications -

Findings and orders of department.

(1) Every inspector shall forward to the department a full report of each inspection made of any passenger elevator or fixed guideway system, showing the exact condition of the elevator or fixed guideway system, and the inspector shall leave a copy of the report at the elevator or fixed guideway system on the day the inspection is completed.

(2) If any passenger elevator or fixed guideway system requires certain changes or repairs to make it reasonably safe to operate, recommendations shall be made by the inspector upon his or her report and a copy of the report as approved by the department shall be given to the owner or operator of the elevator or fixed guideway system, and, unless appealed, upon compliance with the report and upon the payment of the fees required by law, the department shall issue a certificate of operation for a capacity not to exceed that named in the report of inspection. This certificate shall be valid for one (1) year after the date of inspection.

(3) If construction plans or an application of specifications is not approved, the department shall state in writing the necessary changes to obtain approval and the owner or operator shall be given a copy of the necessary changes, and, unless appealed, upon compliance by the owner or operator, the department shall approve the plans or specifications and issue a permit for construction.

(4) Any owner or operator, within twenty (20) days from receipt of the copy of the report or statement of changes in plans or specifications, may make written application to the department upon forms to be furnished by the department for a hearing on the report or the statement regarding changes in plans or specifications as to whether the elevator or fixed guideway system in question is reasonably safe, or whether the elevator or fixed guideway system, if constructed in accordance with the plans and specifications, would be reasonably safe. The department shall promptly consider the application and schedule a hearing to be conducted consistent with the provisions of this section and KRS Chapter 13B.

(5) If it appears from the evidence presented at the hearing that the elevator or fixed guideway system will be reasonably safe to operate without those changes or repairs shown in the report or by making only a part or all of the changes, or if none or only a part of all the changes in the plans or specifications are found necessary to make the elevator reasonably safe, the department shall issue its final order accordingly. If the final order requires changes or repairs to be made in the elevator or fixed guideway system or changes in the plans or specifications of either, the department shall, upon the payment of the required fees, issue a certificate of operation when the order has been executed or issue its approval of the plans or specifications. If the final order of the department has been affirmed or modified by appeal on the grounds of reasonable safety considered by the department, then the department shall, upon compliance with the final order and the payment of required fees, issue the certificate of operation or issue its approval of the plans and specifications; but, if the order of the department has been vacated, the certificate of operation, upon the payment of fees or approval of plans and specifications, shall be issued immediately. No elevator or fixed guideway system shall be operated after being inspected without bearing a conspicuously posted certificate of operation, except pending a hearing on the issuance of the certificate.

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 24, sec. 267, effective July 15, 2010; and ch. 116, sec. 25, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 7, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 318, sec. 85, effective July 15, 1996. -- Amended 1976 Ky. Acts ch. 232, sec. 5; and ch. 299, sec. 81. -- Created 1974 Ky. Acts ch. 239, sec. 11. Formerly codified as KRS 336.610.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been codified together.

198B.490 Administrative regulations -- Review of standards -- Consistency with building code.

(1) The department shall make, alter, amend, or repeal rules and administrative regulations exclusively for the safety and inspection of passenger elevators and fixed guideway systems. The department shall have the authority to prescribe, by administrative regulation, a reasonable fee to be charged for each inspection. All fees established and regulated by this section shall be paid to the department, made payable to the Kentucky State Treasurer, except as may be provided in a specific written agreement between the commissioner and any agency authorized to inspect elevators or fixed guideway systems by this chapter.

(2) The department shall consult with engineering authorities and organizations concerned with standard safety codes, rules, and administrative regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevators and fixed guideway systems, and the qualifications that are necessary for an elevator mechanic, contractor, and inspector.

(3) The department shall promulgate administrative regulations establishing the approved equipment regulated by KRS 198B.400 to 198B.540. These administrative regulations shall include the following, except as modified under subsection (4) of this section:

(a) Safety Code for Elevators and Escalators, ASME A17.1/CSA B44;

(b) Safety Code for Existing Elevators and Escalators, ASME A17.3;

(d) Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1;

(e) Standard for the Qualification of Elevator Inspectors, ASME OEI-1; and

(f) Automated People Mover Standards, ASCE 21.

(4) The department and the committee shall review the latest editions of any standard listed in subsection (3) of this section within twelve (12) months of that standard's effective date. Upon completion of reviews, the committee shall give the department its recommendations, after which the department may adopt or modify the standard.

(5) All administrative regulations issued by the department relating to KRS 198B.400 to 198B.540 shall be consistent with the standards of safety as established in 815 KAR 10:060 and the Uniform State Building Code established in KRS 198B.050.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 26, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 268, effective July 15, 2010; and ch. 116, sec. 26, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 8, effective July 12, 2006. -- Amended 1980 Ky. Acts ch. 295, sec. 89, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 123, sec. 5, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 232, sec. 2. -- Created 1974 Ky. Acts ch. 239, sec. 12. Formerly codified as KRS 336.620.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 116, which was last enacted by the General Assembly, prevails under KRS 446.250.

Legislative Research Commission Note (7/1/2011). References to the Office" of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 26, have been changed in codification to the "Department" of Housing, Buildings and Construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.500 Safety equipment.

Every passenger elevator or fixed guideway system shall be equipped, maintained, and operated, with respect to the supporting members, elevator or fixed guideway system car, shaftways, guides, cables, doors, and gates, safety stops and mechanism, electrical apparatus and wiring, mechanical apparatus, counterweights, and all other appurtenances, in accordance with the regulations as are authorized in respect thereto. Where reasonable safety is obtained without complying to the literal requirements of the regulations, as in cases of practical difficulty or unnecessary hardship, the literal requirements of the regulations shall not be required.

Effective: July 12, 2006

History: Amended 2006 Ky. Acts ch. 157, sec. 9, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 232, sec. 6. -- Created 1974 Ky. Acts ch. 239, sec. 13. Formerly codified as KRS 336.630.

198B.510 Certificates of operation -- Renewal -- Elevator or fixed guideway system installations -- Certification of compliance -- State inspectors.

(1) No certificate of operation for any passenger elevator or fixed guideway system shall be issued until the elevator or fixed guideway system has been inspected and the inspection report filed with the department. The certificate of operation, when issued, shall bear the date of inspection, and shall be renewed as of the date of the subsequent inspection, provided the inspection is made at least one (1) year after the issuance of this certificate. If the inspection is made during the year the certificate is in force, the renewal date shall be one (1) year from the date of the certificate being renewed and the renewal certificate shall show the date of inspection.

(2) All new elevator or fixed guideway system installations shall be performed by a licensed elevator contractor. Subsequent to installation, the elevator contractor shall certify compliance with the applicable sections of KRS 198B.400 to 198B.540. The licensed elevator contractor shall complete and submit the initial registration for each new installation.

(3) (a) A state inspector shall inspect, in accordance with KRS 198B.400 to 198B.540, all newly installed elevators, platform lifts, and stairway chairlifts in private residences.

(b) A state inspector may inspect, in accordance with KRS 198B.400 to 198B.540, any existing installed elevators, platform lifts, and stairway chairlifts in private residences at the request of the owner of the private residence.

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 24, sec. 269, effective July 15, 2010; and ch. 116, sec. 27, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 10, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 232, sec. 7; and ch. 299, sec. 82. -- Created 1974 Ky. Acts ch. 239, sec. 14. Formerly codified as KRS 336.640.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been codified together.

198B.520 Permits for erection or repairs -- Revocation or expiration of permit -- Extension for good cause.

(1) Before any new installation of an elevator or fixed guideway system of permanent nature shall be erected or before any existing elevator is removed to a different location, an application of specifications in duplicate shall be submitted to the department giving such information concerning the construction, installation, and operation of the elevator or fixed guideway system as the department may require on forms to be furnished by the department, together with complete construction plans in duplicate. In all cases where any changes or repairs are made which alter its construction or classification, grade, or rated lifting capacity, except when made pursuant to a report of an inspector, an application of specifications in duplicate shall be submitted to the department containing such information for approval. Upon approval of the application and construction plans, the department shall issue a permit for the erection or repair of the elevator or fixed guideway system. No new elevator or fixed guideway system shall be operated until completion in accordance with the approved plans and specifications, unless a temporary permit is granted by the department.

(2) A permit issued under this section may be revoked by the department when:

(a) A false statement or misrepresentation of a material fact in the application, plans, or specifications led to the issuance of the permit;

(b) The permit was issued in error;

(c) The work detailed under the permit is not being performed in accordance with the application, plans, or specifications;

(d) Work is not being performed in accordance with the code or conditions of the permit; or

(e) The elevator contractor to whom the permit was issued fails or refuses to comply with a lawfully issued stop work order.

(3) A permit issued under this section shall expire if:

(a) The work authorized by permit is not commenced within twenty-four (24) months after the date of issuance, or within a shorter period of time as specified by the department at the time the permit is issued; or

(b) The work is abandoned for a period of sixty (60) days after work commences, or a shorter period of time as specified by the department at the time the permit is issued.

(4) The department shall allow an extension of the allotted period if proof of good cause is provided with a request for an extension.

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 24, sec. 270, effective July 15, 2010; and ch. 116, sec. 28, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 11, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 299, sec. 83. -- Created 1974 Ky. Acts ch. 239, sec. 15. Formerly codified as KRS 336.650.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (7/1/2011). References to the "Office" of Housing, Buildings and Construction in this section, as amended by 2010 Ky. Acts ch. 116, sec. 28, have been changed in codification to the "Department" of Housing, Buildings and Construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.530 Prohibition -- Collected fines to be paid into elevator safety program trust fund.

A person shall not violate any law relative to the operation, construction, maintenance, and repair of passenger elevators or fixed guideway systems. All fines collected for a violation of this section shall be forwarded to the department, which shall pay the same into the State Treasury to the credit of the elevator safety program trust fund as specified in KRS 198B.4037.

Effective: July 1, 2011

History: Amended 2010 Ky. Acts ch. 24, sec. 271, effective July 15, 2010; and ch. 116, sec. 29, effective July 1, 2011. -- Amended 2006 Ky. Acts ch. 157, sec. 12, effective July 12, 2006. -- Amended 1976 Ky. Acts ch. 232, sec. 8; and ch. 299, sec. 84. -- Created 1974 Ky. Acts ch. 239, sec. 17. Formerly codified as KRS 336.670.

Legislative Research Commission Note (7/1/2011). This section was amended by 2010 Ky. Acts chs. 24 and 116, which do not appear to be in conflict and have been codified together.

198B.540 Notice of defective machinery -- Sealing of dangerous passenger elevator or fixed guideway system.

(1) If the department's inspector of elevators and fixed guideway systems or a general inspector of elevators or fixed guideway systems finds that a passenger elevator, fixed guideway system, or a part thereof does not afford reasonable safety, the department or the general inspector shall post a notice upon the elevator or fixed guideway system prohibiting further use of the elevator or fixed guideway system until the changes or alterations set forth in the notice have been made to the satisfaction of the department or the inspector. The notice shall contain a statement that operators or passengers are subject to injury by its continued use, a description of the alteration or other change necessary to be made in order to secure safety of operation, date of the notice, and name and signature of the department or inspector issuing the notice.

(2) If any inspector of elevators or fixed guideway systems finds a passenger elevator or fixed guideway system to be so unsafe as can be reasonably expected to offer imminent danger of death or physical injury, that unit shall be sealed out of service, a hazard notice posted thereon, and the department shall be notified immediately of the exact location and condition of the unit.

(3) A passenger elevator or fixed guideway system, once sealed, shall not be operated except for the purpose of effecting repairs and in the manner prescribed by the department, until all defects are corrected and the unit has been inspected and certified as safe by the department.

(4) Sealing shall consist of rendering a passenger elevator unit or fixed guideway system inoperable by disconnecting power or by placing a sealing device on the operation switch and ordering additional measures to be effected by the owner, such as erection of barricades, as may be required to prevent use of or public access to the unit.

(5) No seal, notice, or barricade placed on or around an elevator or fixed guideway system in accordance with this chapter shall be removed, obstructed or in any way altered without the written consent of the department.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 27, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 272, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 157, sec. 13, effective July 12, 2006. -- Amended 1978 Ky. Acts ch. 123, sec. 6, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 232, sec. 9; and ch. 299, sec. 85. -- Created 1974 Ky. Acts ch. 239, sec. 18. Formerly codified as KRS 336.680.

Fire Protection Sprinkler Contractors Fire Protection Sprinkler Contractors

198B.550 Definitions for KRS 198B.555 to 198B.630.

As used in KRS 198B.555 to 198B.630, unless the context requires otherwise:

(1) "Department" means the Department of Housing, Buildings and Construction;

(2) "Commissioner" means the commissioner of the department;

(3) "Fire protection sprinkler contractor" means a person engaged in the preparation of technical drawings, installation, repair, alteration, extension, maintenance, or inspection of fire protection sprinkler systems and has in his or her employment a certificate holder;

(4) "Fire protection sprinkler contractor's license" means the license issued by the commissioner to a fire protection sprinkler contractor upon application being approved, fee paid and the satisfactory completion of the requirements of KRS 198B.580. The license shall be issued in the name of the fire protection sprinkler contractor with the name or names of the certificate holder noted thereon;

(5) "Certificate holder" means an individual who has satisfactorily met and the requirements established in KRS 198B.570 and has received a certificate from the commissioner; and

(6) "Fire protection sprinkler system" means a system of piping for which technical drawings have been prepared by or preparation supervised by a certificate holder in accordance with fire protection engineering standards. The system is supplied from a reliable, constant, and sufficient water, gas, or chemical supply, such as a gravity tank, fire pump, reservoir, or pressure tank, or connection by underground piping to a city, county, municipal water district, authorized water main, or both. The sprinkler system is considered the fire protection sprinkler system for purposes of KRS 198B.550 to 198B.630, and is a network of specially sized or hydraulically designed piping and includes installations overhead and underground in a building, structure, or area, and to which sprinklers are connected in systematic pattern. The system includes a controlling valve and a device for actuating an alarm when a system is in operation. The system is usually activated by heat from a fire and causes the discharge of water, gas, or chemical over the fire area. Fire protection sprinkler systems shall include the following types: wet-pipe systems, dry-pipe systems, pre-action systems, deluge systems, combined dry-pipe and pre-action systems, antifreeze systems and circulating closed loop systems, systems utilizing gasses or chemicals, and any other fire suppression system approved by the state fire marshal or the chief building code official of the department.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 28, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 104, sec. 1, effective January 1, 2013. -- Amended 2010 Ky. Acts ch. 24, sec. 273, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 82, sec. 6, effective July 15, 2008. -- Amended 1988 Ky. Acts ch. 372, sec. 1, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 383, sec. 1, effective July 13, 1984.

198B.555 Administration of KRS 198B.550 to 198B.630 -- Duties of commissioner.

(1) The administration of KRS 198B.550 to 198B.630 is vested in the Department of Housing, Buildings and Construction.

(2) The commissioner shall:

(a) Promulgate reasonable administrative regulations necessary for the administration of KRS 198B.550 to 198B.630;

(b) Set or make reasonable changes in the fees charged for permits, testing, and other aspects of the administration of KRS 198B.550 to 198B.630;

(d) Conduct investigations of complaints and conduct administrative hearings as are required by KRS 198B.620 and 198B.625 and in accordance with KRS Chapter 13B.

(3) The commissioner may:

(a) Secure the advice of the committee with regard to administrative regulations if required by KRS 198B.030(8); and

(b) Have the competency test prepared by a source other than the commissioner.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 29, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 274, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 318, sec. 86, effective July 15, 1996. -- Created 1984 Ky. Acts ch. 383, sec. 2, effective July 13, 1984.

198B.560 Fire protection sprinkler contractor's license or certificate required -- Exemptions.

(1) Except as provided in subsection (2) of this section, no person other than a certificate holder or an employee of a certificate holder shall engage in the preparation of technical drawings, installation, repair, alteration, extension, maintenance or inspection of a fire protection sprinkler system or use any title, sign, card or device indicating, or intending to indicate, or represent in any manner that he is a certified fire protection sprinkler contractor without first obtaining the fire protection sprinkler contractor's license or certificate under the provisions of KRS 198B.570 or 198B.580; it being the purpose of KRS 198B.550 to 198B.630 to safeguard life, health, property, and welfare of the public.

(2) KRS 198B.550 to 198B.630 shall not apply to state or local building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities.

(3) This chapter shall not apply to professional engineers in the preparation of plans or construction inspection pursuant to KRS Chapter 322.

(4) This chapter shall not apply to limited area sprinkler systems served by a domestic water supply consisting of ten (10) sprinkler heads or less in one (1) structure.

Effective: January 1, 2013

History: Amended 2012 Ky. Acts ch. 104, sec. 2, effective January 1, 2013. -- Amended 2008 Ky. Acts ch. 82, sec. 2, effective July 15, 2008. -- Created 1984 Ky. Acts ch. 383, sec. 3, effective July 13, 1984.

198B.565 Preparation of designs of system.

(1) The design for any fire protection sprinkler system for buildings and structures shall be prepared by a licensed professional engineer or, if the licensed, professional engineer chooses not to prepare the design, a licensed fire protection sprinkler contractor whose certificate holder is a certified engineering technician, NICET Level III or Level IV, may prepare the design.

(2) When a fire protection sprinkler system is designed by a professional engineer in accordance with subsection (1) of this section, the licensed fire protection sprinkler contractor shall submit to the professional engineer, for his approval, technical drawings and, when required, hydraulic calculations for the installation of the fire protection sprinkler system. Such technical drawings, after approved by the professional engineer, shall be submitted by the professional engineer to the department, the insurance authority having jurisdiction, if any, and other authority when required by Kentucky law.

(3) When a fire protection sprinkler system is designed by a licensed fire protection sprinkler contractor in accordance with subsection (1) of this section, the licensed fire protection sprinkler contractor shall submit the design and detailed plans to the department, the insurance authority having jurisdiction, if any, and other authority when required by Kentucky law.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 30, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 275, effective July 15, 2010. -- Amended 1988 Ky. Acts ch. 396, sec. 1, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 383, sec. 4, effective July 13, 1984.

198B.570 Examination of applicant.

To become a certificate holder under KRS 198B.560, an applicant shall satisfactorily pass a current examination prescribed and administered by the National Institute for Certification in Engineering Technologies entitled Fire Protection Engineering Technology Automatic Sprinkler System Design Level III, or the equivalent thereof, approved by the commissioner.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 31, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 276, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 82, sec. 7, effective July 15, 2008. -- Created 1984 Ky. Acts ch. 383, sec. 5, effective July 13, 1984.

198B.575 Repealed, 2008.

[Repealed]

198B.580 Prerequisites to becoming licensed fire protection sprinkler contractor.

To become a licensed fire protection sprinkler contractor under KRS 198B.560, a person shall:

(1) Have in his or her employ a certificate holder;

(2) Comply with the minimum insurance requirements established by KRS 198B.595; and

(3) Make application to the commissioner for a license and pay the fees required.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 32, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 277, effective July 15, 2010. -- Created 1984 Ky. Acts ch. 383, sec. 7, effective July 13, 1984.

198B.585 Seal of certificate holder.

(1) Each certificate holder engaged in the activity described in KRS 198B.560 shall secure a seal with the design prescribed by regulation of the commissioner.

(2) All working drawings, specifications, and plans prepared by, or under the supervision of the certificate holder, shall bear the imprint of this seal and shall bear the imprint of the seal of the licensed fire protection contractor.

(3) No certificate holder shall assign or affix his or her seal to any drawings, specifications or plans which have not been prepared under his or her immediate supervision, and no licensed fire protection contractor shall affix his or her seal to any drawings, specifications, or plans unless the drawings, specifications, or plans were prepared by an employee certificate holder as required by KRS 198B.560 and 198B.580.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 33, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 278, effective July 15, 2010. -- Created 1984 Ky. Acts ch. 383, sec. 8, effective July 13, 1984.

198B.590 Signature on license and certificate.

The license and certificate shall be signed by the commissioner.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 279, effective July 15, 2010. -- Created 1984 Ky. Acts ch. 383, sec. 9, effective July 13, 1984.

198B.595 Proof of liability and workers' compensation insurance coverage.

(1) The commissioner shall not issue a license under KRS 198B.560 and 198B.580, unless the fire protection sprinkler contractor applicant files with the commissioner proof of liability insurance coverage of not less than two hundred and fifty thousand dollars ($250,000) one person/maximum and five hundred thousand dollars ($500,000) one accident/maximum and workers' compensation insurance as provided for in KRS Chapter 342.

(2) The workers' compensation insurance required by this section shall be in the form of certificate of insurance executed by an insurer authorized to do business in this state. The liability insurance required by this section shall be liability insurance that covers the legal liability of the licensed person as the result of erroneous acts or failure to act in his or her capacity as a fire protection sprinkler contractor or system designer and shall be in the form of certificate of insurance executed by an insurer authorized to do business in this state or exported by a licensed surplus lines broker to an eligible carrier pursuant to KRS 304.10-020 to 304.10-210. Insurance certificates filed with the commissioner under this section shall remain in force until the insurer has terminated future liability by a thirty (30) day notice to the commissioner.

(3) Failure to maintain the insurance required hereunder shall constitute grounds for denial, suspension, or revocation of a license under KRS 198B.620 by the commissioner.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 34, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 280, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 182, sec. 6, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 101, sec. 1, effective July 15, 2002. -- Created 1984 Ky. Acts ch. 383, sec. 10, effective July 13, 1984.

198B.600 Certificate holder permitted to obtain only one contractor's license at a time.

A certificate holder shall not obtain a fire protection sprinkler contractor's license for more than one (1) fire protection sprinkler contractor at a time. If the certificate holder leaves the employment of the fire protection sprinkler contractor, he or she shall notify the commissioner within thirty (30) days. The certificate holder shall not be eligible to obtain a fire protection sprinkler contractor's license for more than one

(1) other fire protection sprinkler contractor for a period of twelve (12) months thereafter. If the certificate holder leaves the employment of the fire protection sprinkler contractor, or dies, the contractor shall have six (6) months or until the expiration of the current license, whichever shall last occur, to submit a new application on another certificate holder and be issued a new license. If the application is not received and a new license issued within the allotted time, the commissioner shall revoke the license of the fire protection sprinkler contractor.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 35, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 281, effective July 15, 2010. -- Created 1984 Ky. Acts ch. 383, sec. 11, effective July 13, 1984.

198B.605 Annual renewal of certificates and licenses.

(1) (a) All certificates issued under KRS 198B.570 shall expire on the last day of the certificate holder's birth month in the following year. The department may reduce the license fee on a pro rata basis for initial certificates issued for less than twelve (12) months. Renewed certificates shall expire on the last day of the certificate holder's birth month of each year after the date of issuance of the renewed certificate. Application for a renewal shall be upon a form prescribed by the commissioner, and the certificate holder shall furnish the information required by the form.

(b) Failure of any certificate holder to secure his or her renewal certificate within sixty (60) days after the last day of the certificate holder's birth month shall constitute sufficient cause for the commissioner to revoke his or her license.

(c) The commissioner may restore a certificate that has been revoked for failure to pay the renewal fee, upon the receipt of payment of all delinquent fees.

(2) A certificate holder may voluntarily surrender his or her certificate to the commissioner and thereby be relieved of the annual renewal fee. After surrendering a certificate, he or she shall not be known as a certificate holder and shall desist from the practice thereof. Within five (5) years from the time of surrender of the certificate, he or she may again qualify for a certificate without examination by the payment of the required fee. If five (5) years thereafter have lapsed, he or she shall return to the status of a new applicant.

(3) (a) The initial license for a fire protection sprinkler contractor shall expire on the last day of the licensee's birth month in the following year. The department may reduce the license fee on a pro rata basis for initial licenses issued for less than twelve (12) months. Renewed licenses shall expire on the last day of the licensee's birth month of each year after the date of issuance of the renewed license. Application for a renewal shall be upon a form prescribed by the commissioner and the license holder shall furnish the information required by the form.

(b) Failure of any certificate holder to secure a renewal certificate within sixty

(60) days after the last day of the certificate holder's birth month shall constitute sufficient cause for the commissioner to revoke the license.

(c) The commissioner may restore a license that has been revoked for failure to pay the renewal fee, upon the receipt of payment of all delinquent fees.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 36, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 282, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 82, sec. 8, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 182, sec. 1, effective June 20, 2005. -- Created 1984 Ky. Acts ch. 383, sec. 12, effective July 13, 1984.

198B.610 License as proof of competency -- Power of local officials regarding regulation.

(1) If a licensed fire protection sprinkler contractor desires to do business in any part of the state, he or she shall deliver to the local building official a copy of his or her fire protection sprinkler contractor's license and comply with KRS 198B.560 and 198B.565. The local building official shall require a copy of the license before issuing a license or building license, and no local official shall impose any other competency requirements on the licensed fire protection sprinkler contractor.

(2) Nothing in KRS 198B.560 and 198B.565 shall limit the power of a city, urban-county government, county, or state to regulate the quality and character of work performed by contractors, through a system of permits, fees and inspections which are designed to assure compliance with, and aid in the implementation of state and local building laws or to enforce other local laws for the protection of the public health and safety. Nothing in KRS 198B.560 and 198B.565 shall limit the power of a city, urban-county government, county, or the state to adopt any system of permits requiring submission to and approval by the city, urban-county government, county, or the state of plans and specifications for work to be performed by contractors before commencement of the work. The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler contractor is duly licensed by requiring evidence of a valid fire protection sprinkler contractor's license as a prerequisite to that contractor beginning design, installation, repair, alteration, extension, maintenance, or inspection of fire protection sprinkler systems.

(3) KRS 198B.560 and 198B.565 shall apply to any fire protection sprinkler contractor performing work for any city, urban-county government, special district, county, or the state. Officials of any city, urban-county government, special district, county, or the state shall determine compliance with KRS 198B.560 and 198B.565 before awarding any contracts for the installation, repair, alteration, addition, or inspection of a fire protection sprinkler system. Bids for such work shall be accompanied by a copy of a valid fire protection sprinkler contractor's license.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 37, effective June 29, 2017. -- Amended 2008 Ky. Acts ch. 82, sec. 3, effective July 15, 2008. -- Created 1984 Ky. Acts ch. 383, sec. 13, effective July 13, 1984.

198B.615 Disposition of fees collected by commissioner.

All license and certificate fees and charges collected by the commissioner under the provisions of KRS 198B.550 to 198B.630 and the rules and regulations of the commissioner adopted hereunder, shall be paid to the State Treasury and credited to a trust and agency fund to be used by the commissioner's office in carrying out the provisions of KRS 198B.550 to 198B.630. Any money in the trust and agency fund at the end of the fiscal year shall lapse to the general fund of the Commonwealth.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 283, effective July 15, 2010. -- Created 1984 Ky. Acts ch. 383, sec. 14, effective July 13, 1984.

198B.620 Refusal to renew license -- Revocation or suspension of license -- Appeal -- Criminal penalty.

(1) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may refuse to renew or may suspend or revoke the license of a licensed fire protection sprinkler contractor or the certificate of a certificate holder to engage in the business of fire protection sprinkler systems or in lieu thereof assess an administrative fine not to exceed two thousand dollars ($2,000) for any of the following reasons:

(a) Gross incompetency or gross negligence in the installation, repair, alteration, maintenance, inspection, or addition to fire protection sprinkler systems, as determined by the commissioner;

(b) Conviction of a felony;

(d) Use of false evidence or misrepresentation in an application for a license or certificate;

(e) Signing or affixing his or her seal to any plans, prints, specifications or reports, which have not been prepared by him or her personally or under his or her immediate supervision, or in violation of KRS 198B.585; or

(f) Knowingly violating any provisions of KRS 198B.550 to 198B.630 or the regulations issued thereunder.

(2) The commissioner shall revoke, subject to a hearing in accordance with KRS Chapter 13B, the license of a fire protection sprinkler contractor or a certificate holder who engages in the fire protection sprinkler system business during a suspension of the license.

(3) Any person who engages in the drawings, installation, repair, alteration, extension, maintenance, or inspection of fire protection sprinkler systems or uses any title, sign, card, or device indicating or intending to indicate that he or she is a certified fire sprinkler contractor without having first obtained the requisite license or certificate shall be guilty of a Class A misdemeanor. Each violation shall be regarded as a separate offense.

(4) Any license or certificate holder who is aggrieved by a final order of the commissioner suspending or revoking a license may appeal to the Franklin Circuit Court or the Circuit Court of the county of the license or certificate holder's place of business in accordance with KRS Chapter 13B.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 38, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 284, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 82, sec. 4, effective July 15, 2008. -- Amended 1996 Ky. Acts ch. 318, sec. 87, effective July 15, 1996. -- Created 1984 Ky. Acts ch. 383, sec. 15, effective July 13, 1984.

198B.625 Injunction -- Cease and desist order.

(1) Whenever, in the judgment of the commissioner, any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute a violation of the provisions of KRS 198B.560 and 198B.565, the commissioner may inform the Attorney General, who may make application to the Circuit Court of the county where the violation occurred for an order enjoining such acts or practices.

(2) If a person is practicing without the requisite license or certificate required under KRS 198B.560 and 198B.565, the commissioner shall inform the Attorney General of the unlawful practice within seven (7) days of receiving notice of its occurrence. The Attorney General may apply to the Circuit Court of the county where the violation occurred for an order enjoining the acts or practices.

(3) Additionally, the commissioner may issue a cease and desist order, the violation of which shall be cause for the imposition of an administrative fine, suspension, or revocation as provided for in KRS 198B.620. Upon showing via the commissioner that such person has engaged, or is about to engage, in any such acts or practices, an injunction or restraining order, or such other order as may be appropriate, shall be granted by the Circuit Court. Any order of the Circuit Court of the county where the violation occurred shall be enforceable and shall be valid anywhere in this Commonwealth and the order of that court shall be reviewable as provided for in the Rules of Civil Procedure, in the case of other injunctions and restraining orders.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 285, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 82, sec. 5, effective July 15, 2008. -- Created 1984 Ky. Acts ch. 383, sec. 16, effective July 13, 1984.

198B.630 Application of KRS 198B.550 to 198B.630.

The provisions of KRS 198B.550 to 198B.630 shall apply to the preparation of technical drawings, installation, repair, alteration, extension, maintenance or inspection of fire protection sprinkler systems other statutes notwithstanding.

Effective: July 13, 1984

History: Created 1984 Ky. Acts ch. 383, sec. 17, effective July 13, 1984.

Certification of Fire Sprinkler Inspectors Certification of Fire Sprinkler Inspectors

198B.6401 Fire sprinkler inspection certification -- Eligibility requirements -- Certification cards.

(1) The department shall issue a fire sprinkler inspector certification to an applicant who:

(a) Is at least eighteen (18) years of age;

(b) Submits a completed fire sprinkler inspector's written or electronic application form as provided by the department;

a. Is issued by an insurance company or other legal entity permitted to transact insurance business in Kentucky;

b. Insures for general liability coverage of at least five hundred thousand dollars ($500,000); and

c. Includes liability insurance that shall cover the legal liability of the certified fire sprinkler inspector as the result of erroneous acts or failure to act in his or her capacity as a fire sprinkler inspector and shall be in the form of a certificate of insurance executed by an insurer permitted to do business in this state or exported by a licensed surplus lines broker to an eligible carrier pursuant to KRS 304.10-020 to 304.10-210; or

Submits an affidavit completed by a sprinkler contractor that the applicant is and will be an employee of a currently licensed sprinkler contractor in good standing with the department;

(d) 1. Provides proof of passing scores on all portions of a standardized examination approved by the commissioner; or

Holds a current certification from the National Institute for Certification in Engineering Technologies (NICET) for "Inspection and Testing of Water-Based Systems" Level 2 or higher; and

(e) Upon request by the department, provides supplemental documentation of information as required under this subsection.

(2) All certification cards issued by the department shall remain the property of the department.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 39, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 30, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 30, have been changed in codification to the "department" of housing, buildings and construction and the "commissioner" of housing, buildings and construction, respectively, to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.6403 Qualifications for certification prior to July 1, 2012 -- Pending certification.

(1) An applicant for certification as a fire sprinkler inspector under this chapter making application to the department prior to July 1, 2012, shall be certified by the department without completing the certification requirements as established in this chapter if:

(a) The applicant is currently certified by the state of Kentucky, or

(b) The applicant is currently licensed, certified, or registered as a fire sprinkler inspector in another state whose standards are substantially equal to those in this chapter.

(2) Prior to July 1, 2012, the department may issue a pending certification to an applicant. A pending certification shall allow the applicant to act in the capacity applied for until the applicant's permanent certification is issued or the application is denied.

(3) After July 1, 2012, certification under this section shall cease.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 31, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts. ch. 116, sec. 31, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Acts. ch. 24, sec. 1938.

198B.6405 Initial annual certification -- Renewal, expiration, termination, and reinstatement of certification.

(1) The initial annual certification for a fire sprinkler inspector shall be for not less than seven (7) months nor more than eighteen (18) months.

(2) A fire sprinkler inspector certification issued in accordance with this chapter shall expire on the last day of the inspector's birth month in the year following certification.

(3) Renewal notices shall be sent to each certified inspector at least sixty (60) days prior to the expiration of his or her certification. The notice shall:

(a) Inform the certified inspector of the need to renew the certification; and

(b) Describe the materials to be submitted with a request for renewal.

(4) An applicant for renewal of a fire sprinkler inspector certification shall:

(a) Complete and submit the fire sprinkler inspector's written or electronic renewal form as provided by the department;

(b) Show proof of general liability insurance in the amount required by this chapter; and

(c) 1. Provide proof of completion of six (6) hours of continuing education prior to certification renewal. The required continuing education shall be accrued within the twelve (12) months prior to renewal; or

Submit proof that the inspector is a current and valid holder of NICET certification in the testing of water-based systems.

(5) A thirty (30) day grace period shall be allowed after the renewal deadline of the certification. A fire sprinkler inspector may continue to practice during this grace period and may renew his or her certification upon meeting the requirements promulgated through administrative regulation by the department.

(6) Any certification not renewed on or before the last day of the thirty (30) day grace period shall terminate based upon failure to timely renew the certification. Upon termination of a certification, the individual shall not inspect within the Commonwealth.

(7) After expiration of the thirty (30) day grace period, a formerly certified fire sprinkler inspector with a terminated certification shall have the certification reinstated upon meeting the requirements promulgated through administrative regulation by the department. An applicant for reinstatement after termination of his or her certification shall not be required to submit to any examination as condition for reinstatement, if the reinstatement application is made within two

(2) years from the date of certification termination.

(8) After termination and two (2) years, the applicant shall retest and comply with the application requirements set forth in KRS 198B.6401.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 40, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 32, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 32, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. ch. 24, sec. 1938.

198B.6407 Reciprocity -- Terms and conditions.

(1) The certification requirements established within this chapter may be waived for a person moving into the Commonwealth from another jurisdiction, and a fire sprinkler inspector's certification granted, if:

(a) The other jurisdiction grants the same privileges to certified fire sprinkler inspectors of Kentucky as Kentucky grants to certified or licensed fire sprinkler inspectors of that other jurisdiction;

(b) The individual is certified or licensed in the other jurisdiction;

(c) The certification or licensing requirements of the other jurisdiction are substantially similar to the requirements in this chapter; and

(d) The individual submits a notarized letter stating that he or she has read, is familiar with, and will abide by this chapter and the administrative regulations promulgated by the department.

(2) An individual seeking a fire sprinkler inspector's certification under this section shall:

(a) Submit a completed fire sprinkler inspector's written or electronic application form as provided by the department; and

(b) 1. Provide a certificate of insurance issued by an insurance company or other legal entity permitted to transact business in Kentucky with a general liability coverage of at least five hundred thousand dollars ($500,000). Liability insurance shall cover the legal liability of the certified fire sprinkler inspector as the result of erroneous acts or failure to act in his or her capacity as a fire sprinkler inspector and shall be in the form of a certificate of insurance executed by an insurer permitted to do business in this state or exported by a licensed surplus lines broker to an eligible carrier pursuant to KRS 304.10-020 to 304.10-210; or

Submit an affidavit from a sprinkler contractor that he or she is covered as an employee of a sprinkler contractor that is in good standing and currently licensed by the department.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 41, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 33, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 33, have been changed in codification to the "department" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.6409 Administrative regulations -- Inactive status -- Approval of continuing education providers and courses.

The commissioner shall, through the promulgation of administrative regulations:

(1) Establish the procedures necessary to implement KRS 198B. 6401 to 198B.6417;

(2) Establish an inactive status of certification for fire sprinkler inspectors who are not actively conducting inspections but wish to maintain their certification;

(3) Establish a waiver of insurance requirements for inactive certifications;

(4) Establish the reactivation procedure for a certification successfully placed into inactive status; and

(5) Establish criteria for approval of continuing education providers and continuing education courses.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 34, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). A reference to the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts. ch. 116, sec. 34, has been changed in codification to the "department" of housing, buildings and construction to the "commissioner" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2010-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.6411 Standards for inspection of sprinkler systems.

The standards to be utilized in the inspection of sprinkler systems shall be the standards set forth in the National Fire Protection Association's Article 25: Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems and shall be the edition prescribed by the commissioner or other national standard as approved by the commissioner.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 42, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 35, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 35, have been changed in codification to the "commissioner" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.

198B.6413 Disciplinary hearings -- Summary suspension -- Fire sprinkler inspection by uncertified individual -- Cease-and-desist order.

(1) The procedures set forth in KRS Chapter 13B shall govern the department's conduct of disciplinary hearings.

(2) The commissioner may summarily suspend a certification for up to ninety (90) days before a final adjudication or during an appeal of the commissioner's determination if he or she believes that the certification would represent a clear and immediate danger to the public's health, safety, or property if the inspector is allowed to perform sprinkler system inspections.

(3) The commissioner shall issue a letter to cease and desist with notice of opportunity to be heard in accordance with KRS Chapter 13B, to any individual if the commissioner:

(a) Determines that an individual is not certified under this chapter; and

(b) Determines that the individual is engaged in, or believed to be engaged in, activities for which a fire sprinkler inspector's certification is required under this chapter.

(4) After completion of the hearing, if it is determined that the activities in which the individual is engaged are subject to certification under this chapter, the commissioner shall issue a cease-and-desist order that identifies the individual and specifically states the activities which are subject to the order.

(5) A cease-and-desist order issued under this section shall be enforceable in the Circuit Court of the county of the individual's place of business in accordance with KRS Chapter 13B.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 43, effective June 29, 2017. -- Created 2010 Ky. Acts ch. 116, sec. 36, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "office" of housing, buildings and construction and the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts ch. 116, sec. 36, have been changed in codification to the "department" of housing, buildings and construction and the "commissioner" of housing, buildings and construction, respectively, to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky Acts ch. 24, sec. 1938.

198B.6415 Suspension, revocation, or nonrenewal of certification -- Grounds -- Hearing -- Appeal.

(1) Subject to a hearing conducted in accordance with KRS Chapter 13B, the commissioner may suspend, revoke, or refuse to renew the certification of a certified fire sprinkler inspector for any of the following actions:

(a) Use of false evidence or misrepresentation in an application for a fire sprinkler inspector's certification;

(b) Attempting to transfer authority granted to the certified inspector to another individual;

(d) Conviction of a felony or of any crime an element of which is dishonesty or fraud, under the laws of any state or of the United States;

(e) Fraudulent or dishonest practices while engaging in the business of sprinkler system inspections;

(f) Aiding or abetting any person attempting to evade the provisions of this chapter; or

(g) Violating any provision of this chapter or the administrative regulations promulgated thereunder.

(2) The commissioner shall revoke, subject to a hearing in accordance with KRS Chapter 13B, the certification of a fire sprinkler inspector who engages in inspection activities during a suspension of his or her certification.

(3) Any certification holder who is aggrieved by a final order of the commissioner, resulting in the suspension or revocation of certification, may appeal to the Circuit Court of the county of the certified inspector's place of business in accordance with KRS Chapter 13B.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 37, effective July 1, 2011.

Legislative Research Commission Note (7/1/2011). References to the "executive director" of housing, buildings and construction in this section, as created by 2010 Ky. Acts. ch. 116, sec. 37, have been changed in codification to the "commissioner" of housing, buildings and construction to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts. ch. 24, sec. 1938.

198B.6417 Reapplication after revocation of certification.

If the certification of a fire sprinkler inspector is revoked for any reason, the inspector may, at the conclusion of the revocation period, reapply for a sprinkler system inspector's certification.

Effective: July 1, 2011

History: Created 2010 Ky. Acts ch. 116, sec. 38, effective July 1, 2011.

Heating, Ventilation, and Air Conditioning Contractors Heating, Ventilation, and Air Conditioning Contractors

198B.650 Definitions for KRS 198B.650 to 198B.689.

As used in KRS 198B.650 to 198B.689, unless the context requires otherwise:

(1) "Air conditioning or cooling system" means a system in which heat is removed from air, surrounding surfaces, or both;

(2) "Apprentice heating, ventilation, and air conditioning mechanic" means an individual in the process of learning the heating, ventilation, and air conditioning trade who assists and is under the supervision of a master heating, ventilation, and air conditioning contractor and a journeyman heating, ventilation, and air conditioning mechanic;

(3) "Burner service" means the servicing of oil or gas burners used for heating air or water for purposes other than the transmission of heat;

(4) "Certificate" means a document issued by the department to an apprentice heating, ventilation, and air conditioning mechanic to assist a master heating, ventilation, and air conditioning contractor or a journeyman heating, ventilation, or air conditioning mechanic;

(5) "Commissioner" means the commissioner of the Department of Housing, Buildings and Construction;

(6) "Department" means the Department of Housing, Buildings and Construction;

(7) "Heating system" means a system in which heat is transmitted by radiation, conduction, convection, or a combination of any of these methods to air, surrounding surfaces, or both. "Heating system" does not include fireplaces and free-standing stoves not incorporated into a primary heating system, electric thermal storage units, electric ceiling cable heating systems, or electric baseboard heating units;

(8) "Hydronic system" means a heating and cooling system using liquids to transmit or remove heat;

(9) "Initial heating, ventilation, or air conditioning system" means the first or original heating, ventilation, or air conditioning system installed in a building;

(10) "Journeyman heating, ventilation, and air conditioning mechanic" means an individual who is licensed by the department to perform heating, ventilation, and air conditioning work under the supervision, direction, and responsibility of a master heating, ventilation, and air conditioning contractor;

(11) "Maintenance person or maintenance engineer" means a person who is a regular and bona fide employee of a property owner, property lessor, property management company, or firm, not in the heating, ventilating, and air conditioning business that has jurisdiction of property where the routine maintenance of heating, ventilating, and air conditioning is being performed, provided the maintenance shall not include major repairs;

(12) "Major repair" means the complete replacement of any of the following heating, ventilation, or air conditioning equipment:

(a) Furnaces;

(b) Condensing units;

(d) Fan coil units;

(e) Chiller systems; or

(f) Heating boiler systems not covered by KRS Chapter 236;

(13) "Master heating, ventilation, and air conditioning contractor" means a heating, ventilation, and air conditioning contractor who is licensed by the department to advertise and practice heating, ventilation, and air conditioning contracting in this Commonwealth;

(14) "Permit" means a document issued by the department or its authorized agent allowing the installation of an original heating, ventilation, or air conditioning system;

(15) (a) "Practice of heating, ventilation, and air conditioning contracting" means the installation, maintenance, altering, remodeling, or repair of heating systems, ventilation systems, hydronic systems, burner service, or cooling systems.

(b) "Practice of heating, ventilation, and air conditioning contracting" does not include cleaning of duct work. If cleaning of duct work involves cutting an access point or hole into a duct, the access point or hole shall be repaired and resealed in such a manner that the integrity of the duct is restored before the cleaning service is concluded.

(c) Nothing in this subsection shall be taken to prohibit a person licensed under KRS 198B.650 to 198B.689 from performing the cleaning of duct work;

(16) "Routine maintenance of heating, ventilation, or air conditioning" means the routine and periodic servicing of heating, ventilation, and air conditioning systems, including cleaning, inspection, and adjustments to ensure the proper operation, and the removal and replacement of component parts. "Routine maintenance of heating, ventilation, or air conditioning" shall not include major repairs; and

(17) "Ventilation system" means a natural or mechanical system of supplying air to or removing air from any space.

Effective:April 8, 2022

History: Amended 2022 Ky. Acts ch. 108, sec. 1, effective April 8, 2022. -- Amended 2018 Ky. Acts ch. 22, sec. 1, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 169, sec. 44, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, secs. 286 and 287, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 86, sec. 9, effective July 1, 2008. -- Created 1994 Ky. Acts ch. 59, sec. 1, effective July 15, 1994.

Legislative Research Commission Note (7/15/2010). This section, in the version effective until July 1, 2010, was amended by 2010 Ky. Acts ch. 24, sec. 286, but that version expired prior to the July 15, 2010, effective date of the legislation. The version of this section which was set to take effect July 1, 2010, was also amended during the 2010 Regular Session of the General Assembly by 2010 Ky. Acts ch. 24, sec. 287, and that version, as amended, is set forth above.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 9, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F., 16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be July 1, 2010.

198B.652 Repealed, 2017.

[Repealed]

198B.654 Powers and duties of department -- Authority for administrative regulations.

(1) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to:

(a) Administer, coordinate, and enforce KRS 198B.650 to 198B.689;

(b) Conduct examinations;

(d) Keep minutes of meetings and a record of its proceedings; and

(e) Register and keep records of all apprentices.

(2) The department, or its designee, may issue subpoenas, administer oaths, examine witnesses, conduct disciplinary proceedings, investigate allegations of wrongdoing under KRS 198B.650 to 198B.689, issue licenses and certificates, and seek injunctive relief to enforce KRS 198B.650 to 198B.689. In seeking injunctive relief, the department shall not be required to post any bond.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 45, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 3, effective July 15, 1994.

198B.656 Practice as and assumption and use of title master contractor, journeyman, or apprentice without a license prohibited.

Except as otherwise provided in KRS 198B.650 to 198B.689:

(1) A person shall not claim to be or advertise as being a master heating, ventilation, and air conditioning contractor or assume or use any title, designation, or abbreviation likely to create the impression of this licensure, unless that person is the holder of a valid master heating, ventilation, and air conditioning contractor's license issued in accordance with KRS 198B.650 to 198B.689. The holder of a valid master heating, ventilation, and air conditioning contractor's license shall be entitled to practice heating, ventilation, and air conditioning contracting, including the obtaining of any necessary permits in connection with the practice of heating, ventilation, and air conditioning contracting, and shall be primarily responsible for the heating, ventilation, and air conditioning work performed;

(2) A person shall not claim to be or advertise as being a journeyman heating, ventilation, and air conditioning mechanic or assume or use any title, designation, or abbreviation likely to create the impression of this licensure, unless that person is the holder of a valid journeyman heating, ventilation, and air conditioning mechanic's license issued in accordance with KRS 198B.650 to 198B.689;

(3) A person shall not claim to be or advertise as being an apprentice heating, ventilation, and air conditioning mechanic or assume or use any title, designation, or abbreviation likely to create the impression of certification, unless that person is the holder of a valid apprentice heating, ventilation, and air conditioning mechanic's certificate issued in accordance with KRS 198B.650 to 198B.689; and

(4) A person shall not practice heating, ventilation, and air conditioning contracting, unless that person has met the requirements of KRS 198B.650 to 198B.689.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 46, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 4, effective July 15, 1994.

198B.658 Qualifications for licensure and certification.

(1) An applicant for a master heating, ventilation, and air conditioning contractor's license shall:

(a) Be at least eighteen (18) years of age;

(b) Be a citizen of the United States or be a resident alien who is authorized to do work in the United States;

(c) 1. Have been regularly and principally employed or engaged in heating, ventilation, and air conditioning trades as a journeyman heating, ventilation, and air conditioning mechanic for not less than two (2) years under the direction and supervision of a master heating, ventilation, and air conditioning contractor;

Have been regularly and principally employed or engaged in the practice of heating, ventilation, and air conditioning contracting as a master heating, ventilation, and air conditioning contractor, or equivalent thereof, for not less than two (2) years in Kentucky or in a jurisdiction other than Kentucky, as demonstrated by verifiable documentation; or
Have been regularly and principally licensed and employed as a mechanical engineer in the Commonwealth of Kentucky, or a jurisdiction other than Kentucky, for not less than two (2) years, as demonstrated by verifiable documentation;

(d) Have passed an examination prescribed by the department to determine the applicant's competency to practice heating, ventilation, and air conditioning contracting; and

(e) Have paid a fee as established in administrative regulations promulgated by the department.

(2) An applicant for a journeyman heating, ventilation, and air conditioning mechanic's license shall:

(a) Be at least eighteen (18) years of age;

(b) Be a citizen of the United States or be a resident alien who is authorized to do work in the United States;

(c) 1. Have been regularly and principally employed or engaged in heating, ventilation, and air conditioning trades for not less than two

(2) years under the direction and supervision of a master heating, ventilation, and air conditioning contractor; or

Have been regularly and principally employed or engaged in the performance of heating, ventilation, and air conditioning work for not less than two (2) years in Kentucky or in a jurisdiction other than Kentucky, as demonstrated by verifiable documentation;

(d) Have passed an examination prescribed by the department to determine the applicant's competency to install, maintain, and repair heating and cooling systems, heating and cooling service, burner service, and hydronic systems; and

(e) Have paid a fee as established in administrative regulations promulgated by the department.

(3) If an applicant has obtained, while exempt from licensure under 198B.674(2), (7), (8), (10), (13), or (14), work experience that the department determines to be equivalent to the requirements of subsection (1)(c) or (2)(c) of this section, that experience may be considered as equivalent to one (1) year of employment toward the licensure requirements for a master heating, ventilation, and air conditioning contractor or journeyman heating, ventilation, and air conditioning mechanic, as applicable, not to exceed one (1) year.

(4) (a) The department shall issue an apprentice heating, ventilation, and air conditioning mechanic's certificate to any person who registers as an apprentice with the department.

(b) The department shall establish by administrative regulation the minimum number of hours of experience required by apprentices and shall maintain an apprentice register to credit an apprentice for hours worked under the supervision of a master heating, ventilation, and air conditioning contractor and journeyman heating, ventilation, and air conditioning mechanic. Experience gained under the supervision of a Kentucky licensed master heating, ventilation, and air conditioning contractor while registered as an apprentice with the Education and Labor Cabinet, Department of Workforce Development, in cooperation with the United States Department of Labor, Bureau of Apprenticeship and Training shall be accepted toward the two (2) year experience requirement for a journeyman heating, ventilation, and air conditioning mechanic license.

(c) The apprentice register shall include the name, address, Social Security number, employer, and dates of employment of the apprentice.

(d) The apprentice shall notify the department in writing of any change in address or employer.

(e) Apprentices and pre-apprentices shall not be required to pay a fee to obtain a certificate of registration or to renew a registration.

(5) The satisfactory completion of one (1) academic year of a department-approved curriculum or one (1) year of professional training in heating, ventilation, and air conditioning work may be considered as equivalent to one (1) year of employment toward the licensure requirements for a journeyman heating, ventilation, and air conditioning mechanic, not to exceed one (1) year.

(6) The satisfactory completion of one (1) academic year of teaching experience in a department-approved or state-approved technical education program in heating, ventilation, and air conditioning shall be considered as equivalent to one (1) year of employment, as required by subsection (1)(c) or (2)(c) of this section. No more than one (1) year of approved teaching experience may be used in meeting the requirements of subsection (1)(c) or (2)(c) of this section.

Effective:July 1, 2022

History: Amended 2022 Ky. Acts ch. 236, sec. 97, effective July 1, 2022. -- Amended 2019 Ky. Acts ch. 7, sec. 1, effective June 27, 2019; and ch. 173, sec. 11, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 22, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 169, sec. 47, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 93, sec. 3, effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 24, sec. 289, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 579, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 105, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 59, sec. 5, effective July 15, 1994.

Legislative Research Commission Note (7/15/2014). In codification, the Reviser of Statutes has altered the internal numbering of subsection (4) of this statute from the way it appeared in 2014 Ky. Acts ch. 93, sec. 3 under the authority of KRS 7.136(1)(a).

198B.659 Military training and experience satisfies requirements of KRS 198B.658(1) or (2).

If an applicant for a master heating, ventilation, and air conditioning contractor's license or journeyman heating, ventilation, and air conditioning mechanic's license presents the department with proof of training and experience equivalent to the training and experience requirements of KRS 198B.658(1) or (2), whichever is applicable, acquired while serving as a member of the United States Armed Forces, Reserves, or National Guard, and actively engaged in that occupation as part of his or her military duties for not less than two (2) years as annotated on the Department of Defense Form DD 214, the department shall accept that training and experience. The applicant shall meet the remaining applicable qualification requirements set forth in KRS 198B.658(1) or (2).

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 48, effective June 29, 2017. -- Created 2014 Ky. Acts ch. 93, sec. 1, effective July 15, 2014.

198B.660 Application -- Examinations -- Procedures.

(1) Each application for licensure or certification shall be accompanied by a nonrefundable application fee.

(2) Examinations shall be given at least two (2) times during each calendar year at those times and places within the Commonwealth prescribed by the department. An applicant shall not take an examination until the examination fee is paid.

(3) Notice of passing or failing an examination shall be provided to each applicant as soon as practicable.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 7, sec. 2, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 169, sec. 49, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 6, effective July 15, 1994.

198B.662 Repealed, 2014.

[Repealed]

198B.664 Renewal and restoration of license -- Grace period -- Inactive status -- Reactivation.

(1) Every license issued by the department may be renewed annually, on or before the last day of the licensee's birth month, upon payment of a renewal fee as established in administrative regulations promulgated by the department. Failure to renew shall cause the license to expire.

(2) A sixty (60) day grace period shall be allowed after the expiration of the license, during which time the licensee may continue to practice and may apply to restore the license upon payment of the renewal fee plus a restoration fee as established in administrative regulations promulgated by the department, and upon the provision of applicable proof of insurance required by KRS 198B.668.

(3) A license that is not restored before the end of the sixty (60) day grace period shall immediately terminate. Upon termination of the license, the former licensee shall be ineligible to practice in the Commonwealth until he or she thereafter satisfies all applicable licensing requirements in accordance with this chapter.

(4) After the sixty (60) day grace period, a former licensee with a terminated license may apply to have the license reinstated upon payment of the renewal fee plus a reinstatement fee established in administrative regulations promulgated by the department. An applicant for reinstatement shall not be required to submit to any examination as a condition of reinstatement if the reinstatement application is made within three (3) years from the date of termination.

(5) Notwithstanding the requirements of this section, an applicant for renewal, restoration, or reinstatement shall satisfy all other applicable qualifications for licensure as required by this chapter and the administrative regulations promulgated hereunder.

(6) Those persons licensed by the department and not engaged in the practice of heating, ventilating, and air conditioning in the Commonwealth may apply for and be granted inactive status by the department in accordance with administrative regulations promulgated by the department. A licensee granted inactive status shall not engage in the practice of heating, ventilation, and air conditioning. An inactive license shall not be a valid license. A licensee on inactive status may petition the department for restoration of a license to practice. The petitioner shall pay a reactivation fee, satisfy all other requirements as established in administrative regulations promulgated by the department, and, if applicable, obtain the insurance as required by KRS 198B.668.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 50, effective June 29, 2017. -- Amended 2014 Ky. Acts ch. 93, sec. 2, effective July 15, 2014. -- Amended 2000 Ky. Acts ch. 386, sec. 2, effective July 14, 2000. -- Created 1994 Ky. Acts ch. 59, sec. 8, effective July 15, 1994.

198B.666 Reciprocity for licensees of other states.

Any person who has been issued a license in another state which has licensing, educational, and experience requirements substantially equal to or greater than those of this state and which grants equal licensing privileges to persons licensed in this state, may be issued an equivalent license in this state upon terms and conditions determined by the department.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 51, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 9, effective July 15, 1994.

198B.667 Interim period for use of recently deceased owner's or employee's master heating, ventilation, and air conditioning contractor's license.

(1) The department shall grant an interim period of up to one hundred eighty (180) continuous calendar days to allow a company to utilize the master heating, ventilation, and air conditioning contractor's license of a recently deceased owner or deceased employee who procured heating, ventilation, and air conditioning permits for that company, provided that the company:

(a) Effectuates and documents all necessary bonding and insurance policies required in this chapter; and

(b) Ensures that the bonding and insurance policies remain in effect for the entirety of the interim time period extended by the department.

(2) The license of a deceased master heating, ventilation, and air conditioning contractor shall be terminated by the department at the end of the interim period.

(3) Upon termination of the deceased master heating, ventilation, and air conditioning contractor's license, a company shall have an employee with a current and valid Kentucky master heating, ventilation, and air conditioning contractor's license in order to procure permits and perform heating, ventilation, and air conditioning work governed by KRS 198B.650 to 198B.689.

Effective: July 14, 2018

History: Created 2018 Ky. Acts ch. 22, sec. 4, effective July 14, 2018.

198B.6671 Permit required for installation of initial system -- Contents of application and permit -- Exemptions.

(1) Notwithstanding KRS 198B.030 to the contrary, any person who installs an initial heating, ventilation, or air conditioning system shall apply for a permit prior to beginning the installation. No installation shall begin before the application for the permit has been filed. In no event, however, shall a person exempt under KRS 198B.674 be required to possess or show proof of a heating, ventilation, or air conditioning license in order to obtain the permit required by this section.

(2) The applicant for a heating, ventilation, and air conditioning permit, by the act of applying for the permit, shall be deemed to consent to inspection of the installation by authorized inspectors of the Commonwealth of Kentucky and of the relevant city, county, urban-county government, charter county, unified local government, or consolidated local government.

(3) The permit shall contain and display:

(a) The name of the person performing the work;

(b) The full extent of the work to be performed;

(d) The location of the property where the work is to be performed, including county and street address; and

(e) The master license number, if the work is required to be performed by a master heating, ventilation, and air conditioning contractor.

(4) No permit shall be required for any installation performed on a manufactured home as defined in KRS 227.550, by a manufactured home retailer licensed pursuant to KRS 227.610, or by a manufacturer as defined in KRS 227.550.

(5) No permit or inspection shall be required for the installation of window unit air conditioners or space heaters.

(6) No permit or inspection shall be required for the installation of a heating, ventilation, or air conditioning system, except in buildings designed for human occupancy.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 52, effective June 29, 2017. -- Created 2007 Ky. Acts ch. 86, sec. 1, effective July 1, 2008.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 1, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F., 16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be July 1, 2010.

198B.6672 Prohibition on use of system not installed in compliance with applicable codes -- Inspection scheduling.

(1) No person, firm, or corporation shall use, continue to use, or permit the use of any heating, ventilation, or air conditioning system that an authorized inspector or the inspector's employee or agent determines was not installed in accordance with the Uniform State Building Code, the Uniform State Residential Code, and the referenced standards contained in the respective codes.

(2) If a permit is required by KRS 198B.6671 for the installation of a heating, ventilation, or air conditioning system, no firm, person, or corporation shall use, continue to use, or permit the use of the heating, ventilation, or air conditioning system unless the permit has been obtained or applied for.

(3) Any inspection required by KRS 198B.6671 shall be scheduled with the property owner or owners or their agent or agents at least one (1) business day in advance and shall be completed within three (3) business days of the scheduled inspection.

Effective: January 1, 2009

History: Created 2007 Ky. Acts ch. 86, sec. 2, effective January 1, 2009.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 2, to be effective January 1, 2009, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be January 1, 2011.

198B.6673 Administrative regulations -- Fees -- Qualifications for and compensation of local government's inspectors -- Local governments prohibited from establishing additional permitting or inspection programs.

(1) The department shall promulgate administrative regulations to establish a reasonable schedule of fees to implement the program. The fees shall not exceed the actual costs for the administration of the program. The department shall also establish heating, ventilation, and air conditioning inspection protocols that ensure timely inspections and minimal interruption to the construction process.

(2) The department, upon the request of any individual local governing entity or combination of entities with existing heating, ventilation, and air conditioning permitting and inspection programs as of January 1, 2007, shall authorize them to administer, carry out, and enforce the administrative regulations of the department relating to heating, ventilation, and air conditioning installations, issue permits, and make inspections within their respective boundaries, or perform any portion of these functions. Nothing in KRS 198B.6671 to 198B.6678 shall prohibit these entities from continuing to include major repairs or substantial alterations to a heating, ventilation, or air conditioning system within their permitting and inspection program in the absence of a state requirement, if major repairs or substantial alterations were included in the entities' inspection program prior to January 1, 2007. The department may authorize any other individual local government entities or combination of entities to administer, carry out, and enforce the administrative regulations of the department relating to heating, ventilation, and air conditioning installations, issue permits, and make inspections within their respective boundaries, or perform any portion of those functions. When authorization is granted, the department shall enter into contractual arrangements with the local governing entities, which shall remain in effect as long as the local entity continues to operate its program pursuant to guidelines adopted by the department. A heating, ventilation, and air conditioning permit issued by an authorized local governing entity shall be considered a permit issued by the department, and all fees collected by the authorized local government related to the same shall be retained by that local government.

(3) Any local governing entity enforcing the permitting and inspection requirements of KRS 198B.650 to 198B.689 pursuant to subsection (2) of this section may appoint and fix the compensation of the local governing entity's heating, ventilation, and air conditioning inspectors. No person shall perform the duties of a heating, ventilation, and air conditioning inspector unless he or she has at least six (6) years' experience as a licensed heating, ventilation, and air conditioning journeyman mechanic or a licensed master heating, ventilation, and air conditioning contractor, unless he or she is a certified building inspector who has successfully passed the examinations relating to heating, ventilation, and air conditioning systems. At the time of employment, the heating, ventilation, and air conditioning inspector shall be licensed or certified in accordance with KRS 198B.650 to 198B.689, or become certified within twelve (12) months of employment.

(4) No local governing entity shall impose any other additional heating, ventilation, and air conditioning inspection or permit requirements, or establish any local inspection or permitting program, unless those provisions were in place before January 1, 2007.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 7, sec. 3, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 169, sec. 53, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 290, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 86, sec. 3, effective July 1, 2008.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 3, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be July 1, 2010.

198B.6674 Trust and agency account to be used for enforcement of KRS 198B.650 to 198B.689.

All fees and fines collected and paid into the State Treasury shall be credited to a revolving trust and agency account and shall be used only for the administration and enforcement of KRS 198B.650 to 198B.689 and the repayment of moneys borrowed from surplus trust and agency accounts of the department. The moneys in the account are hereby appropriated by the General Assembly for the purposes set forth in KRS 198B.650 to 198B.689, and shall not lapse at the close of the fiscal year.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 291, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 86, sec. 4, effective July 1, 2008.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 4, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be July 1, 2010.

198B.6675 Powers of department and of authorized local governments to inspect systems -- Powers to restrain and enjoin violations of KRS 198B.650 to 198B.689 -- Representation of department by state and local prosecutors.

(1) For the purpose of enforcing the provisions of KRS 198B.650 to 198B.689, officers, agents, and inspectors of the department or an authorized local government shall have the power and authority to enter upon permitted premises at all reasonable times with the consent of the property owner in order to make inspections, interview all persons, and request proof of heating, ventilation, and air conditioning licenses, installation permits, and other evidence of compliance. Officers, agents, and inspectors of the department or an authorized local government shall have the authority to issue a stop-work order to any owner, agent, or occupant of real property whenever the heating, ventilation, and air conditioning system under inspection is found to be in violation of KRS 198B.650 to 198B.689 or the Uniform State Building Code's heating, ventilation, and air conditioning mechanical sections.

(2) Notwithstanding the existence or pursuit of any other civil or criminal penalties, the department and its officers, agents, and inspectors are authorized to institute and maintain actions to restrain and enjoin any violation of KRS 198B.650 to 198B.689, the Uniform State Building Code, the Uniform State Residential Code, or the rules or the administrative regulations of the department relating thereto.

(3) City and county attorneys, Commonwealth's attorneys, and the Attorney General may, within their respective jurisdictions, represent the department and its officers, agents, and inspectors in the enforcement of provisions of KRS 198B.650 to 198B.689, the Uniform State Residential Code, and the Uniform State Building Code.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 292, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 86, sec. 5, effective January 1, 2009.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 5, to be effective January 1, 2009, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be January 1, 2011.

198B.6676 Jurisdiction and venue in civil, injunctive, and criminal actions for enforcement of KRS 198B.650 to 198B.689.

(1) The Circuit Court where a violation occurs shall have jurisdiction and venue in all civil and injunctive actions instituted by the department for the enforcement of the provisions of KRS 198B.650 to 198B.689 and orders issued thereunder.

(2) The District Court where a violation occurs shall have jurisdiction and venue in all criminal actions for the enforcement of the provisions of KRS 198B.650 to 198B.689, the Uniform State Building Code, the Uniform State Residential Code, and orders issued thereunder.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 293, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 86, sec. 6, effective July 1, 2008.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 6, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be July 1, 2010.

198B.6677 Power of inspector to refuse to approve work covered by permit -- Power of department or authorized local government to prohibit continued use of system --Aggrieved applicant's right to hearing.

(1) If an installation for which a permit is required does not meet the requirements of the Uniform State Building Code or the Uniform State Residential Code, whichever is applicable, or if the property owner refuses to allow an inspection, the inspector shall refuse to approve the work covered by the permit. The department or authorized local government may prohibit the continued use of a heating, ventilation, and air conditioning system that an authorized inspector determines was improperly installed or altered if continued use threatens human life or if the property owner refused to allow an inspection.

(2) An applicant aggrieved by an action of an inspector or the department may request a hearing in accordance with KRS Chapter 13B.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 24, sec. 294, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 86, sec. 7, effective January 1, 2009.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 7, to be effective January 1, 2009, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be January 1, 2011.

198B.6678 Department to appoint and assign qualified inspectors to counties.

(1) The department shall appoint and assign heating, ventilation, and air conditioning inspectors to each county subject to the provisions of KRS 198B.650 to 198B.689 and in numbers sufficient to implement the provisions of KRS 198B.650 to 198B.689.

(2) No person shall be appointed as a heating, ventilation, and air conditioning inspector unless he or she has at least six (6) years' experience as a licensed heating ventilation, and air conditioning journeyman mechanic or a licensed master heating, ventilation, and air conditioning contractor, unless he or she is a certified building inspector who has successfully passed the examinations relating to heating, ventilation, and air conditioning systems. At the time of his or her appointment, the inspector shall be licensed or certified in accordance with the provisions of KRS 198B.650 to 198B.689, or become certified within twelve (12) months of employment.

Effective: June 27, 2019

History: Amended 2019 Ky. Acts ch. 7, sec. 4, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 24, sec. 295, effective July 15, 2010. -- Created 2007 Ky. Acts ch. 86, sec. 8, effective July 1, 2008.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 8, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be January 1, 2011.

198B.668 Insurance requirements.

(1) No person, firm, or corporation shall practice heating, ventilation, and air conditioning contracting unless that person, firm, or corporation maintains general liability insurance in an amount not less than five hundred thousand dollars ($500,000) and property damage insurance in an amount not less than three hundred thousand dollars ($300,000) underwritten by an insurance carrier licensed and approved by the Kentucky Department of Insurance.

(2) Proof of insurance shall be submitted to the department prior to issuance or renewal of a license.

(3) Proof of insurance, as required by subsection (1) of this section, shall exempt licensees from the requirement of obtaining separate insurance in local jurisdictions under any local licensing laws.

(4) No license shall be valid without the insurance required by this section. Insurance carriers shall notify the department upon cancellation of the insurance of any licensee required to maintain insurance.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 54, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 296, effective July 15, 2010. -- Created 1994 Ky. Acts ch. 59, sec. 10, effective July 15, 1994.

198B.670 Advertising or claiming to be a master contractor.

No person shall advertise as or claim to be a master heating, ventilation, and air conditioning contractor, unless that person is licensed by the department according to KRS 198B.650 to 198B.689. The license number shall appear in all advertising and on all vehicles used by the licensee for heating, ventilation, and air conditioning contracting work.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 55, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 11, effective July 15, 1994.

198B.672 Sanctions -- Reasons for sanctions.

Subject to a hearing conducted in accordance with KRS Chapter 13B, the department may revoke, suspend, place on probation, or restrict the license or certificate of any licensee or certificate holder; refuse to issue or renew a license or certificate; or reprimand, censure, or fine a licensee or certificate holder for any of the following reasons:

(1) Fraud or deceit in obtaining licensure or certification;

(2) Transfer of the authority granted by the license or certificate to another person;

(3) Unfair or deceptive trade practices;

(4) Willful or deliberate disregard and violation of building codes, electrical codes, or related laws and ordinances of this Commonwealth or any city, county, or urban- county government;

(5) Aiding or abetting any person attempting to evade the provisions of KRS 198B.650 to 198B.689;

(6) Conspiracy or knowingly combining with any person, to allow a license or certificate to be used by an unlicensed or uncertified person, firm, or corporation with intent to evade the provisions of KRS 198B.650 to 198B.689. Allowing a license or certificate to be used by more than one (1) person shall be prima facie evidence of intent to evade the provisions of KRS 198B.650 to 198B.689;

(7) Willful or deliberate disregard of disciplinary actions taken by the department, or of a city, county, or urban-county government;

(8) Negligence or incompetence in compliance with applicable codes and standards of practice;

(9) Violation of any of the provisions of KRS 198B.650 to 198B.689 or any administrative regulation promulgated by the department; or

(10) Conviction of a crime as defined in KRS 335B.010, if in accordance with KRS Chapter 335B.

Effective: June 29, 2017

History: Amended 2017 Ky. Acts ch. 158, sec. 36, effective June 29, 2017; and ch. 169, sec. 56, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 88, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 59, sec. 12, effective July 15, 1994.

Legislative Research Commission Note (6/29/2017). This statute was amended by 2017 Ky. Acts chs. 158 and 169, which do not appear to be in conflict and have been codified together.

198B.674 Exemptions.

KRS 198B.650 to 198B.689 shall not apply to:

(1) Employees of any master heating, ventilation, and air conditioning contractor who are subordinates of the licensee, if those employees are not journeyman heating, ventilation, and air conditioning mechanics or apprentice heating, ventilation, and air conditioning mechanics and do not engage in heating, ventilation, and air conditioning contracting, except as an employee;

(2) An employee of the United States government while practicing heating, ventilation, and air conditioning contracting on or within property owned by the United States government.

(3) An individual owner of real property while practicing heating, ventilation, and air conditioning work on or within property owned and occupied by the individual;

(4) A person employed in the installation, maintenance, repair, or replacement of residential window air conditioning units;

(5) A person licensed under KRS Chapter 236, if he is installing, servicing, repairing, or replacing boiler devices;

(6) A person licensed under KRS Chapter 322, if he is preparing plans or conducting construction inspections;

(7) A full-time maintenance person or maintenance engineer performing routine maintenance of heating, ventilation, or air conditioning in connection with his employment;

(8) Contractors or employees while installing or maintaining heating, cooling, air conditioning, ventilation, or burner services on any property or site owned or operated by any entity:

(a) Subject to the jurisdiction of KRS Chapter 278; or

(b) Of any municipal electric, water, gas, or sewer utility operating pursuant to any of the provisions of KRS Chapter 96;

(9) The adjustment of an air flow device performed by any entity specified in subsection (8) of this section, if the adjustment is performed in conjunction with the installation, replacement, or repair of a gas distribution line;

(10) A person licensed or certified pursuant to KRS 227.570, or the administrative regulations promulgated thereunder, upon initial installation of air conditioning units incorporated with the original sale of a manufactured housing unit;

(11) A general retailer whose primary business is not the practice of heating, ventilation, and air conditioning contracting, if that general retailer uses only licensed subcontractors that comply with the provisions of KRS 198B.650 to 198B.689. The provisions of this subsection shall not exclude or limit the liability of the general retailer, or exempt the general retailer from the insurance requirements as established in KRS 198B.668, if the general retailer is engaging in the practice of heating, ventilation, and air conditioning contracting;

(12) The installation, service, repair, or replacement of electrical units on any heating, ventilation, or air conditioning system;

(13) An employee or agent of the Commonwealth of Kentucky while practicing heating and ventilation contracting in connection with weatherization assistance for low income persons pursuant to 903 KAR 6:020;

(14) A person conducting routine maintenance of heating, ventilation, or air conditioning as a volunteer for any church or religious organization, provided he receives no compensation for the services rendered;

(15) The installation, service, repair, or replacement of liquefied petroleum gas units on any heating, ventilation, or air conditioning system by an employee of any person licensed under the provisions of KRS 234.120(1)(a); or

(16) A person cleaning duct work not engaged in installation or repair of the heating, ventilation, or air conditioning system unless, in cleaning the duct work it was necessary to cut an access point or hole, in which case the repair of the access point or hole shall be included in the cleaning service and the duct work shall be restored to its original integrity before concluding the cleaning service. A person who cuts, repairs, or restores duct work related to a duct cleaning service shall be a contractor that is licensed and insured in the state of Kentucky.

Effective:April 8, 2022

History: Amended 2022 Ky. Acts ch. 108, sec. 2, effective April 8, 2022. -- Amended 1996 Ky. Acts ch. 79, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 59, sec. 13, effective July 15, 1994.

198B.676 Fees.

(1) The department shall establish by administrative regulation and collect the following fees, not to exceed the cost of the licensing program:

(a) Initial application fee for:

Master heating, ventilation, and air conditioning contractor; and
Journeyman heating, ventilation, and air conditioning mechanic;

(b) Examination fee for:

Master heating, ventilation, and air conditioning contractor;
Journeyman heating, ventilation, and air conditioning mechanic; and
Apprentice heating, ventilation, and air conditioning mechanic;

(d) Certificate renewal fee;

(e) Duplicate license or certificate fee;

(f) Inactive status fee;

(g) Restoration fee;

(h) Reactivation fee; and

(i) Change of information fee.

(2) All fees and charges collected by the department under the provisions of this section shall be paid into a trust and agency account in the State Treasury. All expenses incurred by the department under the provisions of KRS 198B.650 to 198B.689 shall be paid out of this account, subject to approval of the department.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 57, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 105, sec. 2, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 59, sec. 14, effective July 15, 1994.

198B.678 Responsibilities of master contractor working for company.

(1) No firm, company, or corporation may engage in the practice of heating, ventilation, and air conditioning contracting in any county of the Commonwealth, unless the person in responsible charge of the heating, ventilation, and air conditioning work is a master heating, ventilation, and air conditioning contractor and is an employee or subcontractor of the firm, company, or corporation.

(2) Each master heating, ventilation, and air conditioning contractor who is employed by a firm, company, or corporation engaged in the practice of heating, ventilation, and air conditioning contracting shall notify the department of that employment and upon termination of the employment.

(3) No master heating, ventilation, and air conditioning contractor shall represent more than one (1) firm, company, or corporation unless the contractor is domiciled in the Commonwealth and has a minimum of twenty-five percent (25%) ownership in each firm, company, or corporation the contractor represents.

Effective: July 14, 2018

History: Amended 2018 Ky. Acts ch. 22, sec. 3, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 169, sec. 58, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 15, effective July 15, 1994.

198B.680 Inspector's conflict of interest.

(1) A person appointed or employed by the Commonwealth, a county, city, or other jurisdiction to administer, regulate, or inspect heating, ventilation, and air conditioning work shall not have any pecuniary interest in any heating, ventilation, and air conditioning business during the person's employment with the government or other jurisdiction.

(2) Upon the holder's appointment or employment as an inspector, that person's license or certificate shall become inactive. Upon termination of the appointment or employment as an inspector, the person's license or certificate may be reactivated without examination, by written request to the department and payment of a reactivation fee.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 59, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 16, effective July 15, 1994.

198B.682 Continuation of department's jurisdiction -- Notification to local officials of license sanctions.

(1) The revocation, suspension, restriction, lapse, or voluntary surrender of a license or certificate issued by the department shall not deprive the department of jurisdiction to investigate allegations of wrongdoing under KRS 198B.650 to 198B.689 or conduct disciplinary proceedings against a licensee or certificate holder.

(2) The department shall, within thirty (30) days of the action, notify all appropriate local building officials, permit offices, or other authorized persons of license and certificate revocations, suspensions, probations, restrictions, and restorations.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 60, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 17, effective July 15, 1994.

198B.684 Continuing education requirements.

The department may adopt by administrative regulation standards for continuing education for licensees and certificate holders.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 61, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 59, sec. 18, effective July 15, 1994.

198B.686 Criminal penalties.

(1) Effective July 1, 1995, any person for whom licensure or certification is required who is not licensed or certified by the department and practices heating, ventilation, and air conditioning contracting services shall be guilty of a Class A misdemeanor. Each violation shall be regarded as a separate offense.

(2) Any person who advertises or otherwise holds himself out as being a licensed master or journeyman heating, ventilation, or air conditioning contractor and is not so licensed shall be guilty of a Class A misdemeanor. Each violation shall be regarded as a separate offense.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 169, sec. 62, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 386, sec. 3, effective July 14, 2000. -- Created 1994 Ky. Acts ch. 59, sec. 19, effective July 15, 1994.

198B.688 Conformity with standards of the Uniform State Building Code.

The installation, maintenance, alteration, or repair of heating systems, ventilation systems, hydronic systems, burner service, or cooling systems governed by KRS 198B.650 to 198B.689 shall be made in conformity with applicable standards of the Uniform State Building Code.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 59, sec. 20, effective July 15, 1994.

198B.689 Citation of KRS 198B.650 to 198B.689.

KRS 198B.650 to 198B.689 may be cited as the Heating, Ventilation, and Air Conditioning Contractors' Act.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 59, sec. 21, effective July 15, 1994.

Home Inspectors Home Inspectors

198B.700 Definitions for KRS 198B.700 to 198B.738.

As used in KRS 198B.700 to 198B.738, unless otherwise provided:

(1) "Applicant" means an individual who applies for a license as a home inspector;

(2) "Board" means the Kentucky Board of Home Inspectors established in KRS 198B.704;

(3) "Client" means a person who contracts with a licensed home inspector to obtain a home inspection and subsequent written home inspection report;

(4) "Home inspection" means a visual analysis performed for compensation for the purpose of providing a professional opinion and home inspection report by a licensed home inspector, regarding the condition of a residential dwelling and the dwelling's attached garages and carports, any reasonable accessible installed components, and the operation of the dwelling's systems, including any controls normally operated by the owner of the dwelling, for systems and components in the standards of practice established by the board. Home inspection shall not include a code compliance inspection, or an inspection required under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.

secs. 5401 et seq., as amended, and rules and regulations issued thereunder, or KRS 227.600 regarding manufactured homes;

(5) "Home inspection report" means a written report prepared by a licensed home inspector for compensation and issued after a home inspection. The report shall include the following:

(a) A report on any system or component inspected that, in the professional opinion of the inspector, is significantly deficient;

(b) The inspector's recommendation to repair or monitor deficiencies reported under paragraph (a) of this subsection;

(c) A list of any systems or components that were designated for inspection in the standards of practice adopted by the board but that were not inspected; and

(d) The reason a system or component listed under paragraph (c) of this subsection was not inspected;

(6) "Home inspector" means an individual who performs home inspections for compensation;

(7) "Licensee" means a person who performs home inspections and who is licensed under KRS 198B.700 to 198B.738 as a home inspector; and

(8) "Residential dwelling" means a structure consisting of at least one (1) but not more than four (4) units, each designed for occupancy by a single family, whether the units are occupied or unoccupied.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 3, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 297, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 100, sec. 1, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 1, effective July 13, 2004.

198B.702 Exemptions from requirements of KRS 198B.700 to 198B.738.

KRS 198B.700 to 198B.738 shall apply to an individual who conducts home inspections for compensation, but shall not apply to the following:

(1) An individual who is acting within the scope of the individual's employment as:

(a) A code enforcement official for the state or a political subdivision of the state; or

(b) A representative of a state or local housing agency or an individual acting under the authority of the United States Department of Housing and Urban Development;

(2) An individual who is acting within the scope of the individual's license as a licensed:

(a) Architect under KRS Chapter 323;

(b) Professional engineer under KRS Chapter 322;

(d) Electrician, master electrician, or electrical contractor under KRS Chapter 227A;

(e) Liquefied petroleum gas dealers under KRS Chapter 234;

(f) Master heating, ventilation, and air conditioning contractor, journeyman heating, ventilation, and air conditioning mechanic, or an apprentice heating, ventilation, and air conditioning mechanic under this chapter; or

(g) Fire protection sprinkler contractor, fire protection system certificate holder, or certified fire sprinkler inspector under this chapter;

(3) An individual licensed under KRS Chapter 324 as a real estate broker, broker- salesperson, or salesperson and is acting within the scope of the individual's license;

(4) An individual who is licensed under KRS Chapter 324A as a real property appraiser and is acting within the scope of the individual's license;

(5) An individual who holds a license under KRS Chapter 304 as an insurance adjuster and is acting within the scope of the individual's license;

(6) An individual who holds a permit, certificate, or license to:

(a) Use and apply pesticides; or

(b) Make diagnostic inspections and reports for wood destroying pests and fungi under KRS Chapter 217B and is acting within the scope of the individual's certificate or license;

(7) An individual who holds a license from a political subdivision as a tradesperson or home builder and is acting within the scope of the individual's license;

(8) An individual who holds a current and valid license, certificate, or permit under KRS 227.550 to 227.660 and is acting within the scope of the individual's license, certificate, or permit as a:

(a) Manufactured home retailer;

(b) Manufactured home certified retailer; or

(9) A person not subject to licensure by the Commonwealth who is engaged in providing estimates for remodeling or repair to a residential dwelling.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 172, sec. 15, effective July 15, 2026. -- Amended 2011 Ky. Acts ch. 100, sec. 4, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 298, effective July 15, 2010. -- Created 2004 Ky. Acts ch. 109, sec. 2, effective July 13, 2004.

198B.704 Kentucky Board of Home Inspectors -- Members -- Removal -- Compensation -- Meetings.

(1) (a) There is hereby created an independent agency of state government to be known as the Kentucky Board of Home Inspectors, which shall be attached to the Department of Professional Licensing for administrative purposes. The board shall consist of five (5) members, each appointed by the Governor. Each board member shall serve a term of three (3) years. The board shall annually select one (1) of its members to serve as chair and one (1) of its members to serve as vice chair to act in the chair's absence. The board shall designate either a board member or a member of the board's administrative staff to serve as secretary to the board.

(b) Any member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term.

(d) No member of the board shall reside in the same county as another member. The members of the board shall be residents of Kentucky.

(e) 1. A majority of the board shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members is necessary for the board to take official action.

If the chair and vice chair are absent from a meeting of the board when a quorum exists, the members who are present may elect a presiding officer who shall serve as acting chair until the conclusion of the meeting or until the arrival of the chair or vice chair.

(f) No member may serve on the board for more than six (6) consecutive years. A member may serve on the board for six (6) consecutive years on more than one (1) occasion if that person is not a member of the board for at least two

(2) years between periods of board service.

(2) The five (5) members of the board shall be chosen as follows:

(a) Three (3) members shall:

Have been actively engaged in performing home inspections in Kentucky for at least five (5) years immediately before the member's appointment to the board, or have completed no less than one hundred

(100) fee-paid inspections per year over the last five (5) years; and

Be licensed by the board as a home inspector;

(b) One (1) member shall represent the public at large and shall not be associated with the home inspection, home building, or real estate business other than as a consumer; and

(c) One (1) member shall be a real estate professional licensed under KRS Chapter 324 who has been actively engaged in selling, trading, exchanging, optioning, leasing, renting, managing, or listing residential real estate in Kentucky for at least five (5) years immediately before the member's appointment to the board. This member shall be selected from a list of three

(3) names submitted to the Governor from the Kentucky Association of Realtors. When a vacancy occurs in this member position, the Kentucky Association of Realtors shall have sixty (60) days after the vacancy occurs to submit a list of three (3) names to the Governor to fill the vacancy. The Governor may reject the list of three (3) names and request that the Kentucky Association of Realtors submit a new list of three (3) names within sixty (60) days of the Governor's request. If the Kentucky Association of Realtors fails to timely submit this list to the Governor, the Governor may immediately appoint a qualified person to fill this vacancy.

(3) A board member shall be automatically removed from the board and a vacancy shall occur when the board member:

(a) Ceases to be a resident of the Commonwealth of Kentucky;

(b) Displays incompetence, neglect of duty, or unprofessional conduct;

(c) Fails to adhere to a duly adopted code of ethics of the board. Failure to adhere to this code shall be determined by official action of the board;

(d) Enters a plea of guilty to, or has been found guilty of, a felony and the time for appeal has passed or the judgment of conviction has been finally affirmed on appeal; or

(e) Misses three (3) consecutive meetings or misses more than twenty-five percent (25%) of the meetings held over the previous twelve (12) month period.

(4) Voting members of the board shall be compensated no more than three hundred dollars ($300) per day for official business, subject to an annual maximum of six thousand dollars ($6,000). Members shall be reimbursed for all expenses paid and incurred in the discharge of official business consistent with the reimbursement policy for state employees. With the approval of the director of the Division of Real Property Boards within the Department of Professional Licensing, board members and board staff may attend and travel to and from meetings and events relevant to the board or the industry the board represents.

(5) The board shall meet at least quarterly each calendar year upon the call of the chair or the written request of a majority of the members of the board.

(6) (a) 1. The chair shall establish the date, time, and place for each meeting; and

Submit written recommendations to the secretary of the Public Protection Cabinet concerning staffing needs and relevant experience necessary to assist in carrying out the mission and function of the Division of Real Property Boards.

(b) The secretary of the Public Protection Cabinet shall:

Consider the staffing recommendations and requests submitted by the chair; and
Provide the board with documentation showing the income and expenditures of all license fees.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 182, sec. 6, effective July 15, 2024. -- Repealed and reenacted 2017 Ky. Acts ch. 178, sec. 17, effective April 11, 2017. -- Amended 2011 Ky. Acts ch. 100, sec. 5, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 299, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 100, sec. 2, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 77, sec. 1, effective July 12, 2006. -- Created 2004 Ky. Acts ch. 109, sec. 3, effective July 13, 2004.

Legislative Research Commission Note (7/12/2006). The reference to "subsection (2)(a)3. of this section" that is contained in subsection (3) of this statute pertains to provisions involving the appointment of certain board members that were removed in 2006 Ky. Acts ch. 77, sec. 1. Because this reference relates to licensure requirements that were to be met by July 1, 2006, and was not removed in the Act, the Reviser of Statutes has not altered or attempted to correct this phrase during codification.

198B.706 Duties and powers of board.

The board shall:

(1) Through the promulgation of administrative regulations:

(a) Determine the requirements for and prescribe the form of licenses, applications, and other documents that are required by KRS 198B.700 to 198B.738; and

(b) Require that a home inspection report include a statement that the home inspection report does not address environmental hazards and list all other exclusions with specificity;

(2) Grant, deny, suspend, and revoke approval of examinations and courses of study regarding home inspections;

(3) Issue or deny applications for licensure and renewals;

(4) Investigate complaints concerning licensees, or persons the board has reason to believe should be licensees, including complaints concerning failure to comply with KRS 198B.700 to 198B.738 or administrative regulations promulgated under KRS 198B.700 to 198B.738, and, when appropriate, take action in accordance with KRS 198B.728 and 198B.730;

(5) Bring actions in the name of the state in an appropriate court in order to enforce compliance with KRS 198B.700 to 198B.738 or the administrative regulations promulgated under KRS 198B.700 to 198B.738;

(6) Establish license fees in an amount not to exceed two hundred fifty dollars ($250) annually;

(7) Inspect the records of a licensee in accordance with administrative regulations promulgated by the board;

(8) Conduct or designate a member or other representative to conduct public hearings on any matter for which a hearing is required under KRS 198B.728 and 198B.730;

(9) Adopt a seal containing the words "Kentucky Board of Home Inspectors" and, through the board's secretary, certify copies and authenticate all acts of the board;

(10) Use counsel, consultants, and other persons, enter into contracts, and authorize expenditures that are reasonably necessary or appropriate to administer and enforce KRS 198B.700 to 198B.738 and administrative regulations promulgated thereunder;

(11) Establish continuing education requirements for licensed home inspectors in accordance with KRS 198B.722 and 198B.724;

(12) Conduct disciplinary actions against licensees to include:

(a) Suspension, probation, or permanent revocation of a license;

(b) Requiring a licensee to obtain additional continuing education; and

(13) Require all fee-paid home inspections to be conducted in accordance with the standards of practice of:

(a) The American Society of Home Inspectors;

(b) The International Association of Certified Home Inspectors; or

(c) Any other approved standards of practice that are equal to the standards of practice of the organizations in paragraphs (a) and (b) of this subsection as determined by the board. The board may establish standards of practice for home inspectors licensed in Kentucky at a later date, which will supersede any other standards of practice previously adopted by the board and, if adopted by regulation, the standards in paragraphs (a) and (b) of this subsection;

(14) Exercise all other powers specifically conferred on the board under KRS 198B.700 to 198B.738; and

(15) Promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the effective administration and the requirements of KRS 198B.700 to 198B.738, following review by the director of the Division of Real Property Boards.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 182, sec. 7, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 178, sec. 18, effective April 11, 2017. -- Amended 2011 Ky. Acts ch. 100, sec. 6, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 100, sec. 3, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 4, effective July 13, 2004.

198B.708 Repealed, 2011.

[Repealed]

198B.710 Revolving fund.

(1) There is established in the State Treasury a revolving fund for the use by the board.

(2) All fees and other money received by the board in accordance with KRS 198B.706, 198B.712, 198B.714, 198B.722, and 198B.724 shall be deposited in the revolving fund established in subsection (1) of this section.

(3) No part of this revolving fund shall revert to the general fund.

(4) The compensation of board members and all of the board's expenses incurred by the board shall be paid from this revolving fund.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 7, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 100, sec. 4, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 6, effective July 13, 2004.

198B.712 License required -- Qualifications -- Application -- Insurance -- Fee.

(1) An individual shall not advertise or claim to be a home inspector and shall not conduct a home inspection for compensation without first obtaining a license as a home inspector.

(2) An individual shall not advertise as, claim to be, or engage in or work at the trade of home inspection unless an owner or employee of that business is a licensed home inspector.

(3) The board shall deny a license to any applicant who fails to:

(a) Furnish evidence satisfactory to the board, showing that the individual:

Is at least eighteen (18) years of age;
Possesses a high school diploma or a High School Equivalency Diploma; and
Meets other criteria established by the board through promulgation of administrative regulations;

(b) Verify the information submitted on the application form;

(c) Complete a board-approved training program or course of study involving the performance of home inspections, and pass an examination prescribed or approved by the board;

(d) Submit to the board a certificate of insurance that is acceptable to the board and that:

Is issued by an insurance company or other legal entity authorized to transact insurance business in Kentucky;
Provides for general liability coverage of at least two hundred fifty thousand dollars ($250,000);
Lists the Kentucky Board of Home Inspectors as the certificate holder of any insurance policy satisfying the requirements of this paragraph;
States that cancellation and nonrenewal of the underlying policy is not effective until the board receives at least ten (10) days' prior written notice of the cancellation or nonrenewal; and
Contains any other terms and conditions established by the board; or

(e) Pay a licensing fee established in KRS 198B.706.

(4) An individual applying for a license as a home inspector shall apply on a written or electronic form prescribed and provided by the board.

Effective:June 29, 2017

History: Amended 2017 Ky. Acts ch. 63, sec. 26, effective June 29, 2017. -- Amended 2011 Ky. Acts ch. 100, sec. 8, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 100, sec. 5, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 182, sec. 5, effective June 20, 2005. -- Created 2004 Ky. Acts ch. 109, sec. 7, effective July 13, 2004.

198B.714 Reciprocity for licensees of other states.

(1) The licensing requirements for a home inspector may be waived for a person moving to Kentucky from another jurisdiction, and the person may be granted a license as a home inspector if:

(a) The other jurisdiction grants the same privileges to licensees of Kentucky as Kentucky grants to licensees of that other jurisdiction;

(b) The person is licensed in the other jurisdiction;

(c) The licensing requirements of the other jurisdiction are determined by the board to be substantially similar to the requirements of KRS 198B.700 to 198B.738; and

(d) The person states that he or she has studied, is familiar with, and will abide by KRS 198B.700 to 198B.738 and the administrative regulations promulgated by the board.

(2) A person seeking a license as a home inspector under this section shall:

(a) Apply on a form prescribed and provided by the board; and

(b) Pay the applicable licensing fee established by the board.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 9, effective June 8, 2011. -- Created 2004 Ky. Acts ch. 109, sec. 8, effective July 13, 2004.

198B.716 Nonresident licensees -- Service of process -- Credit for out-of-state training programs.

(1) A nonresident whom the board determines meets the requirements of KRS 198B.700 to 198B.738 and who files the written consent described in subsection (2) of this section may be licensed as a home inspector in Kentucky.

(2) A nonresident applicant shall file with the board a written consent stating that, if licensed:

(a) The applicant agrees to the commencement of any action arising out of the conduct of the applicant's business in Kentucky in the county in which the events giving rise to the cause of action occurred;

(b) The applicant:

Agrees to provide to the board the name and address of an agent to receive service of process in Kentucky; or
Consents to the board acting as the applicant's agent for the purpose of receiving service of process if:

a. An agent's name and address have not been filed with the board; or

b. The agent's name and address on file with the board are incorrect; and

(c) The applicant agrees that service of process in accordance with the Kentucky Rules of Civil Procedure is proper service and subjects the applicant to the jurisdiction of Kentucky courts.

(3) The board may consider and accept the successful completion by a nonresident of a training program or course of study completed in another state in lieu of the requirements of KRS 198B.712(3)(c) if the board determines the training program or course of study meets or exceeds the requirements of KRS 198B.712(3)(c) and its implementing administrative regulations, or the board may give credit for such program or course of study towards meeting the requirements of KRS 198B.712(3)(c). The nonresident shall still be subject to the examination requirements of KRS 198B.712(3)(c).

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 100, sec. 11, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 9, effective July 13, 2004.

198B.718 License remains property of board.

All licenses issued by the board shall remain the property of the board.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 109, sec. 10, effective July 13, 2004.

198B.720 Notification to board.

A licensee shall notify the board within thirty (30) days of any change of:

(1) Name;

(2) Name under which the licensee conducts business; or

(3) Business address.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 109, sec. 11, effective July 13, 2004.

198B.722 Expiration of license -- Renewal -- Continuing education -- Inactive license.

(1) The initial license for a home inspector issued in accordance with KRS 198B.700 to 198B.738, shall expire on the last day of the licensee's birth month in the following

year. The board may reduce the license fee on a pro rata basis for initial licenses issued for less than twelve (12) months.

(2) Renewed licenses shall expire on the last day of the licensee's birth month of each even numbered year after the date of issuance of the renewed license.

(3) An individual who applies to renew a license as a licensed home inspector shall:

(a) Furnish evidence showing successful completion of the continuing education requirements of this section;

(b) Pay the renewal fee and late fee, if applicable, established by the board;

(d) Submit a recent background check performed by the Kentucky State Police.

(4) Renewal notices shall be sent to each licensee at least sixty (60) days prior to the expiration of the license. The notice shall inform the licensee of the need to renew and the requirement of payment of the renewal fee.

(5) Renewal and applicable late fees shall be paid with a credit card, a draft, a money order, a cashier's check, a certified or other personal check, or, if payment is made in person, the payment may be made in cash. If the board receives an uncertified personal check for the renewal fee and if the check does not clear the bank, the board may refuse to renew the license.

(6) Each licensee shall complete the continuing education required by the board prior to applying for license renewal. This requirement shall not exceed thirty (30) hours per two (2) year license cycle.

(7) The board may, through the promulgation of administrative regulations:

(a) Establish an inactive license for licensees who are not actively engaging in the home inspection business but wish to maintain their license;

(b) Reduce license and renewal fees for inactive licenses; and

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 10, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 100, sec. 6, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 12, effective July 13, 2004.

198B.724 Continuing education requirements.

(1) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A concerning the continuing education required for the renewal of a home inspector license and shall:

(a) Establish procedures for approving organizations that provide continuing education; and

(b) Prescribe the content, duration, and organization of continuing education courses that contribute to the competence of home inspectors.

(2) (a) A licensee who has initiated continuing education courses prior to the date established through an administrative regulation promulgated by the board in accordance with KRS Chapter 13A shall have five (5) days after the established date to complete them.

(b) The board may not cancel a license for failure to complete continuing education courses until ten (10) days after the date established by the board.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 182, sec. 2, effective July 15, 2024. -- Created 2004 Ky. Acts ch. 109, sec. 13, effective July 13, 2004.

Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has modified the numbering and lettering of this statute to correct a manifest clerical or typographical error. The words in the text were not changed.

198B.726 Licensure or registration of home inspectors by agencies or political subdivisions prohibited.

(1) As used in this section, "political subdivision" means any city, county, or consolidated local government.

(2) No agency or political subdivision of the state, other than the board, shall impose the following on individuals licensed under KRS 198B.700 to 198B.738:

(a) A registration or licensing requirement; or

(b) A license fee to obtain any local license, except that this prohibition shall not prevent any local government from imposing an occupational license tax on any person operating as a home inspector within the jurisdiction of the local government.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 109, sec. 14, effective July 13, 2004.

198B.728 Disciplinary actions -- Sanctions -- Final order -- Appeal.

(1) The board shall take disciplinary actions against or impose sanctions on a licensee for failing to comply with any provision of KRS 198B.700 to 198B.738 or any administrative regulations promulgated to carry out KRS 198B.700 to 198B.738.

(2) Pursuant to KRS 13B.120(7), the director of the Division of Real Property Boards within the Department of Professional Licensing shall hear and issue a final order regarding any decision of the board. An aggrieved party may appeal a final order of the director pursuant to KRS Chapter 13B within thirty (30) days after the issuance of the order to the Circuit Court of the county where the licensee has his or her principal place of business or where the license applicant resides.

Effective: July 15, 2024

History: Amended 2024 Ky. Acts ch. 182, sec. 8, effective July 15, 2024. -- Amended 2017 Ky. Acts ch. 178, sec. 19, effective April 11, 2017. -- Created 2004 Ky. Acts ch. 109, sec. 15, effective July 13, 2004.

198B.730 Disciplinary hearings -- Emergency suspension -- Persons not licensed to show cause -- Cease and desist order.

(1) The procedures set forth in KRS Chapter 13B shall govern the board's conduct of disciplinary hearings.

(2) The board may summarily suspend a license for up to ninety (90) days before a final adjudication or during an appeal of the board's determination if the board finds that the licensee would represent a clear and immediate danger to the public's health, safety, or property if allowed to perform home inspections. The summary suspension may be renewed upon a hearing before the board for up to ninety (90) days.

(3) If the board:

(a) Determines that an individual is not licensed under KRS 198B.700 to 198B.738 and is engaged in or believed to be engaged in activities for which a license is required under KRS 198B.700 to 198B.738, the board shall issue an order to that individual requiring the individual to show cause why the individual should not be ordered to cease and desist from the activities. The show cause order shall set forth a date, time, and place for a hearing at which the individual shall appear and show cause why the individual should not be subject to licensing under KRS 198B.700 to 198B.738;

(b) Prior to a hearing, the board may issue a cease and desist order that identifies the individual and describes activities that are the subject of the order.

(4) A cease and desist order issued under this section shall be enforceable in a Circuit Court of the Commonwealth.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 11, effective June 8, 2011. -- Created 2004 Ky. Acts ch. 109, sec. 16, effective July 13, 2004.

198B.732 Prohibited activities -- Penalties -- Burden of proof.

(1) An individual is guilty of a Class B misdemeanor if the individual:

(a) Performs or offers to perform home inspections for compensation in Kentucky without being licensed as a home inspector and without being exempt from licensing;

(b) Presents as the individual's own the license of another;

(c) Intentionally gives false or materially misleading information to the board or to a board member in connection with a licensing matter;

(d) Impersonates another licensee; or

(e) Uses an expired, suspended, revoked, or otherwise restricted license.

(2) An individual is guilty of a Class A misdemeanor if the individual is convicted of a second or subsequent offense under this section within five (5) years of a prior conviction of an offense under this section.

(3) When entering a judgment for an offense under this section, the court shall impose a service fee of an amount equal to any fee or other compensation earned by the individual in the commission of the offense.

(4) Each transaction involving unauthorized activities as described in this section shall constitute a separate offense.

(5) In all actions for the collection of a fee or other compensation for performing home inspections, the party seeking relief shall allege and prove that, at the time that the cause of action arose, the party seeking relief was not in violation of KRS 198B.712.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 12, effective June 8, 2011. -- Amended 2010 Ky. Acts ch. 24, sec. 301, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 100, sec. 7, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 17, effective July 13, 2004.

198B.734 Repealed, 2008.

[Repealed]

198B.736 Repealed, 2008.

[Repealed]

198B.738 Home inspectors prohibited from indicating compliance or noncompliance with Kentucky Residential Code.

Home inspectors, when acting in that capacity, are prohibited from indicating orally or in writing that any condition is or is not in compliance with the Kentucky Residential Code.

Effective: June 8, 2011

History: Amended 2011 Ky. Acts ch. 100, sec. 13, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 100, sec. 9, effective July 15, 2008. -- Created 2004 Ky. Acts ch. 109, sec. 20, effective July 13, 2004.

Engineers Engineers

198B.750 Maximum voltage exception for licensed electrical engineer.

Notwithstanding Article 555.4 of the National Electrical Code or any other provision of law, the maximum voltage of one thousand (1,000) volts for yard and pier distribution systems may be exceeded when engineered by an electrical engineer licensed under KRS Chapter 322.

Effective: July 14, 2022

History: Created 2022 Ky. Acts ch. 69, sec. 3, effective July 14, 2022.

Penalties Penalties

198B.990 Penalties.

(1) Any person who violates any provision of KRS 198B.140, 198B.6671, or 198B.6672, the Uniform State Building Code, the Uniform State Residential Code, or any directive or order issued pursuant thereto, shall be fined not less than ten dollars ($10) nor more than one thousand dollars ($1,000). Each day the violation continues shall constitute a separate offense.

(2) Any person who violates the provisions of KRS 198B.310 to 198B.330 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), or be imprisoned for not more than one (1) year, or both.

(3) Any person who violates any provision of KRS 198B.410 to 198B.540, or regulation issued thereunder, shall be fined a sum of five hundred dollars ($500) for each offense.

(4) Any person who violates any provision of KRS 198B.550 to 198B.630 or 198B.6401 to 198B.6417 shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Each day the violation continues shall constitute a separate offense.

Effective: January 1, 2013

History: Amended 2012 Ky. Acts ch. 104, sec. 3, effective January 1, 2013. -- Amended 2007 Ky. Acts ch. 86, sec. 10, effective July 1, 2008. -- Amended 1980 Ky. Acts ch. 188, sec. 9, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 117, sec. 65, effective June 17, 1978.

Legislative Research Commission Note. Although KRS 198B.990 was included in Acts 1982, ch. 308, sec. 7, the amended language was deleted by committee amendment.

Legislative Research Commission Note (4/18/2008). This statute was created by 2007 Ky. Acts ch. 86, sec. 10, to be effective July 1, 2008, pursuant to sec. 12 of that Act. However, 2008 Ky. Acts ch. 127 (2008 HB 406, the State/Executive Branch Budget) provided in Part I, F.,16., (2) HVAC Permitting and Inspecting, that notwithstanding the delayed effective date provided in 2007 Ky. Acts ch. 86, sec. 12, the effective date of this statute shall be July 1, 2010.

198B.991 Penalty.

Failure to comply with any order under KRS 198B.625 or the violation of KRS 198B.550 to 198B.630 or any regulation issued thereunder shall constitute a Class B misdemeanor.

Effective: July 13, 1984

History: Created 1984 Ky. Acts ch. 383, sec. 18, effective July 13, 1984.