815 Ky. Admin. Regs. 7:080

Current through Register Vol. 51, No. 5, November 1, 2024

Section 815 KAR 7:080 - Licensing of fire protection sprinkler contractors

RELATES TO: KRS 198B.550 - 198B.630

NECESSITY, FUNCTION, AND CONFORMITY: KRS 198B.555 requires the commissioner of the Department of Housing, Buildings and Construction to promulgate reasonable administrative regulations necessary for the administration of KRS 198B.550 through 198B.630. This administrative regulation establishes the qualifications, responsibilities, procedures, and fees for licensing fire protection sprinkler contractors and for certifying certificate of competency holders.

Section 1. Definitions.

(1) "Department" is defined by KRS 198B.550(1).

(2) "Certificate of competency" means the certificate of registration issued by the department to an individual who demonstrates competency to design fire suppression systems by successfully completing the minimum requirements of this administrative regulation.

(3) "Certificate holder" is defined by KRS 198B.550(5).

(4) Commissioner" is defined by KRS 198B.550(2).

(5) "Fire protection sprinkler contractor" is defined by KRS 198B.550(3).

(6) "Fire protection sprinkler system" is defined by KRS 198B.550(6).

(7) "Inspection" means a physical and visual examination of a sprinkler system installation.

(8) "Installation" means the initial placement of a system or its extension or alteration after initial placement.

Section 2. Responsibilities of the Commissioner. The commissioner shall review applications, accept fees, and issue certificates and licenses to qualified persons and firms pursuant to this administrative regulation. He or she shall conduct investigations upon receipt of written complaints that allege that a certificate holder or licensed fire protection sprinkler contractor has acted in violation of KRS Chapter 198B or of this administrative regulation.

Section 3. Applicability. Except as exempted by KRS 198B.560, this administrative regulation shall apply to all firms and persons who engage in the business of design and preparation of technical drawings, installation, repair, alteration, extension, maintenance, or inspection of a fire protection sprinkler system.

Section 4. Application for Certificate of Competency.

(1) An applicant for certificate of competency shall comply with the examination requirements in KRS 198B.570 for the type of system for which the applicant seeks certification.

(2) An applicant for a fire protection sprinkler system certificate of competency shall submit to the department:

(a) Completed forms FPS-SC-2 and 2a;

(b) Proof of current National Institute for Certificate in Engineering Technologies (NICET) certification in fire protection engineering technology automatic sprinkler system design, level III, or higher; and

(c) A nonrefundable, prorated certificate fee of $125.

(3) An applicant for a range hood suppression system certificate of competency shall submit to the department:

(a) Completed Forms FPS-RC-2 and 2a;

(b) Proof of current manufacturer's training certification; and

(c) A nonrefundable, prorated certificate fee of $125.

(4) Application for a chemical system certificate of competency shall be as established in paragraphs (a) and (b) of this subsection.

(a) An applicant for a pre-engineered chemical systems (limited) certificate of competency shall submit to the department:

1. Completed Forms FPS-CC-2 and 2a;

2. Proof of current manufacturer's training certification; and

3. A nonrefundable, prorated certificate fee of $125.

(b) An applicant for an engineer chemical systems (unlimited) certificate of competency shall submit to the department:

1. Completed Forms FPS-CC-2 and 2a;

2. Proof of current NICET certification in special hazard systems layout technician, level III; and

3. A nonrefundable, prorated certificate fee of $125.

Section 5. Application for Contractor's License.

(1) An applicant for a contractor's license shall submit to the department:

(a)

1. Proof of having a certificate holder in his or her employ; and

2. Proof of financial responsibility as required by KRS 198B.595.

(b) For fire protection sprinkler contractors, a completed Form FPS-SL-1;

(c) For rangehood suppression system contractors, a completed Form FPS-RL-1; and

(d) For chemical suppression system contractors a completed Form FPS-CL-1.

(2)

(a) Each application shall be accompanied by a fee of $250.

(b) The initial license fee shall be prorated.

Section 6. Certificate Holder Seal. Each certificate holder shall obtain and use a seal for all work prepared by him or her or under his or her direct supervision. The design shall be as follows:

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Section 7. Certification and Licensure.

(1) Upon completion of the requirements of KRS 198B.595, the certificate of competency shall be issued by the commissioner in the name of the applicant.

(2) All fire protection sprinkler contractor licenses shall be issued in the name of the firm listed on the application and shall state the name of the certificate holder on the face of the license.

(3) Each license and certificate shall expire on the last day of the licensee or certificate holder's birth month.

(4) To renew a certificate of competency, a certificate holder shall submit to the department:

(a) The completed applicable form listed in Section 4(1)(a)-(c) of this administrative regulation; and

(b) A renewal fee of $125 for each certificate.

(5) To renew of a contractor's license, a licensee shall submit to the department:

(a) The completed applicable form listed in Section 5(2)(a) through(c) of this administrative regulation; and

(b) A renewal fee of $250 for each license.

Section 8. Duties and Responsibilities of a Licensed Contractor and Certificate Holder.

(1) A person shall not represent himself as a fire protection sprinkler contractor without first being licensed by the department in accordance with this administrative regulation.

(2) The design of a system shall be prepared by either a licensed professional engineer or a licensed fire protection sprinkler contractor as required by KRS 198B.565.

(3) A person other than a certificate holder shall not engage in any activity listed in Section 3(1) of this administrative regulation unless he or she is supervised by or has in his or her employ, a lawfully authorized certificate holder.

Section 9. Procedures for Administrative Disciplinary Hearings. Disciplinary action authorized by KRS 198B.620 shall be conducted as established in subsections (1) and (2) of this section.

(1) Upon receipt of a written complaint that a licensee or certificate holder has engaged in any prohibited behavior or failed to satisfy responsibilities as established in this administrative regulation, the commissioner shall cause an investigation to be made of the matter.

(2) If the commissioner determines that there is reason to believe the violations alleged, the commissioner shall conduct a hearing in accordance with KRS Chapter 13B.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form FPS-SC-2 and 2a, Application for Certificate of Competency; Fire Protection Sprinkler Systems, May 2021;

(b) Form FPS-SL-1, Application for Contractor License; Fire Protection Sprinkler Systems, May, 2001;

(c) Form FPS-RC-2 and 2a, Application for Certificate of Competency; Fire Protection Rangehood, May 2021;

(d) Form FPS-RL-1, Application for Contractor License; Fire Protection Rangehood, May 2001;

(e) Form FPS-CC-2 and 2a, Application for Certificate of Competency; Fire Protection Chemical, May, 2021; and

(f) Form FPS-CL-1, Application for Contractor License; Fire Protection Chemical, May, 2001.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings and Construction, 500 Mero Street, Frankfort, Kentucky 40601, between 8 a.m. and 4:30 p.m., Monday through Friday.

815 KAR 7:080

11 Ky.R. 372; eff. 9-11-1984; 13 Ky.R. 2113; eff. 7-2-1987; 16 Ky.R. 1267; 1588; eff. 1-25-1990; 18 Ky.R. 1226; 1883; eff. 12-8-1991; 27 Ky.R. 3366; eff. 8-15-2001; TAm eff. 8-9-2007; 48 Ky.R. 618; 1763; eff. 3-1-2022.

STATUTORY AUTHORITY: KRS 198B.555