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

Download pdf

Loading PDF...

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 board 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 board shall also establish heating,
ventilation, and air conditioning inspection protocols that ensure timely inspections
and minimal interruption to the construction process. (2) The department, with the approval of the board, 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 rules and 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, with the approval of the board, may authorize any
other individual local government entities or combination of entities to administer,
carry out, and enforce the rules and 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 board. 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 the provisions of KRS 198B.650 to
198B.689. (4) No local governing entity may 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: July 15, 2010
History: 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.