2021 Kentucky Revised Statutes
Chapter 198B - Housing, buildings, and construction - building code
198B.6673 Administrative regulations -- Fees -- Qualifications for and compensation of local government's inspectors -- Local governments prohibited from establishing additional permitting or inspection programs.
Universal Citation:
KY Rev Stat § 198B.6673 (2021)
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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)
(2)
(3)
(4)
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.
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.
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.
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.
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