815 KAR 4:030. Elevator contractor licensing
requirements.
RELATES
TO: KRS 198B.4003, 198B.4009, 198B.4011, 198B.4023, 198B.4025, 198B.4027,
198B.4033
STATUTORY
AUTHORITY: KRS 198B.4009, 198B.4011, 198B.4023, 198B.4025
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 198B.4009(3) authorizes the Department of
Housing, Buildings and Construction to promulgate administrative regulations
necessary to implement KRS 198B.400 to 198B.540. KRS 198B.4009(1) requires
elevator contractors to be licensed, and KRS 198B.4011 provides the eligibility
requirements to be met for issuance of an elevator contractor’s license. KRS
198B.4023 authorizes the department to promulgate administrative regulations
establishing the requirements for inactive license and reactivation procedures.
KRS 198B.4025 establishes the continuing education requirements for elevator licensee
renewals. KRS 198B.4027 provides the minimum insurance requirements for
elevator contractor licensees. KRS 198B.4009(3) authorizes fees for the
elevator licensure program to implement KRS 198B.400 through 198B.540. This
administrative regulation establishes the licensure requirements for elevator
contractors.
Section
1. General Requirements. (1) Supervision. The elevator contractor shall
supervise generally, and be primarily responsible for, all elevator work
performed by the mechanics, employees, and subcontractors of the licensee.
(2)
Company license. A licensee who is an employee of a company and whose license
represents the company shall notify the department, in writing, if the licensee
ceases to represent the company or if the name of the company changes,
requesting a change of information on that license and paying the change of
information fee established in Section 6(5) of this administrative regulation.
Section
2. Initial Application Requirements. (1) Filing the application.
(a)
An applicant seeking an elevator contractor license shall submit to the
department:
1.
A completed, signed, and notarized Elevator Contractor License Application on
Form EV-3;
2.
An initial license application fee of $240 for a twelve (12) month license.
a.
The initial license fee may be prorated.
b.
If prorated, the initial license fee shall not be prorated for less than seven
(7) months or more than eighteen (18) months;
3.
Proof of applicant's experience as required by KRS 198B.4011;
4.
A passport-sized color photograph of the applicant taken within the past six
(6) months; and
5.
Proof of insurance as required by KRS 198B.4027.
(b)
If the applicant is an employee representing a company, the applicant shall
state the company name on the application form. The company may provide the
insurance certificates and shall be subject to this administrative regulation.
(2)
Termination of application.
(a)
The initial application shall remain pending until all requirements are met, up
to a period of one (1) year after the date the application is received by the
department.
(b)
At the end of one (1) year, the application shall be void.
Section
3. Inactive License Status. (1)(a) A licensee may request that a license be
placed in inactive status.
(b)
A licensee shall not perform elevator contracting work while the license is
inactive.
(2)
An elevator contractor licensee in inactive status shall not be required to
maintain insurance as required by KRS 198B.4027 or provide proof to the
Department of Housing, Buildings and Construction of compliance with workers’
compensation laws.
(3)
A certified elevator inspector may be licensed as an elevator contractor, but
shall place the elevator contractor license in inactive status while having an
active elevator inspector certification.
(4)
Performing elevator contracting work while holding an inactive license shall be
grounds for revocation or suspension of all elevator licenses and certifications
held by the licensee.
Section
4. Experience requirements. An applicant for licensure shall meet the
experience requirements of this section. (1) Minimum experience. An applicant
shall have:
(a)
A minimum of three (3) years of verifiable experience as an elevator mechanic;
or
(b)
A current license, certification, or registration as an elevator contractor in
another state whose standards are substantially equal to those of this
Commonwealth as established in KRS Chapter 198B and 815 KAR Chapter 4.
(2)
Records of experience. An applicant's experience shall be listed on the
application form or included with submission of application form to the
department.
(a)
Proof of listed experience shall be provided by W-2s.
(b)
Additional proof of experience may be requested by the department, prior to or
after licensing, if the department has reason to believe that the experience
shown is insufficient, falsified, or nonexistent.
Section
5. Renewal and Reactivation Requirements and Procedures. (1) Filing for
renewal. Licenses shall be renewed each year. To renew a license, an elevator
contractor shall submit to the department:
(a)
A completed, signed and notarized Elevator License Renewal Application on Form
EV-7;
(b)
A renewal fee of $240 made payable to the Kentucky State Treasurer;
(c)
Proof of attendance and completion of eight (8) hours of annual continuing
education prior to the application for renewal in accordance with KRS
198B.4025; and
(d)
Completed continuing provider evaluation forms for each continuing education
class attended.
(2)
Each application for license renewal shall be submitted by each licensee with a
United States postmark dated no later than the last day of the licensee's birth
month.
(3)
A renewal application submitted late, but with a United States postmark dated no
more than sixty (60) days after the last day of the licensee's birth month,
shall be accepted, but a restoration fee, in accordance with Section 6(1) of
this administrative regulation, shall be added to the annual renewal fee.
(4)
Failure to renew within sixty (60) days after the last day of the licensee's
birth month shall terminate the license, and the applicant shall comply with
all requirements for a new license pursuant to Section 2 of this administrative
regulation for reinstatement. A reinstatement fee, in accordance with Section
6(2) of this administrative regulation, shall be added to the annual renewal
fee.
(5)
Inactive elevator contractor status and renewal requirements.
(a)
To place the elevator contractor’s license in inactive status, an elevator
contractor shall pay annually an inactive status fee of $120.
(b)
An inactive elevator contractor shall not:
1.
Secure an elevator permit;
2.
Advertise; or
3.
Represent himself as an elevator contractor currently authorized to contract
elevator work in the commonwealth.
(6)
Continuing education requirements shall not be required for renewal, if the
initial license was issued within twelve (12) months of renewal.
(7)
The application for renewal or reactivation of a licensed elevator contractor
shall be denied for incompleteness if the applicant fails to:
(a)
Pay the fees required for renewal, reactivation, and restoration, if
applicable;
(b)
Comply with elevator contractor continuing education requirements;
(c)
Provide the current insurance certificates required by KRS 198B.4027; or
(d)
Submit the renewal application as required by this section.
(8)
To reactivate an elevator contractor license, the inactive elevator contractor
shall pay the annual renewal fee, the additional $120 reactivation fee, and
comply with the continuing education requirements established in 815 KAR 4:050.
Section
6. Special Service Fees. In addition to other fees required by this
administrative regulation, the following fees shall also be applied:
(1)
Restoration fee. The fee for renewal of expired licenses shall be fifty (50)
dollars.
(2)
Reinstatement fee. The fee for reinstatement of a terminated license shall be
$100.
(3)
Reactivation fee. The fee for reactivation of an inactive license shall be
$120.
(4)
Duplicate license fee. A verified lost or destroyed license shall be replaced
upon payment of a ten (10) dollar fee.
(5)
Change of information fee.
(a)
The fee for the change of information required by Section 1(2) of this
administrative regulation shall be fifteen (15) dollars.
(b)
If a change of information request is simultaneous with license renewal, this
fee shall not be applicable.
Section
7. Revocation or Suspension of Licenses. A license issued pursuant to this administrative
regulation may be suspended or revoked by the department for any of the reasons
established in KRS 198B.4033.
Section
8. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Elevator Contractor License Application", Form EV-3, September 2013;
and
(b)
"Elevator License Renewal Application" Form EV-7, June 2013.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of Housing, Buildings and Construction,
Division of Building Codes Enforcement, Elevator Section, 101 Sea Hero Road,
Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8 a.m. to
4:30 p.m. (38
Ky.R. 436; 916; eff. 11-30-11; 39 Ky.R. 622; 1162; eff. 1-4-13; 40 Ky.R.; 40
Ky.R. 461; 824; eff. 10-23-13.)
