AN ACT relating to roofing contractors.

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AN ACT relating to roofing contractors. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 9 of this Act: 5
(1) "Roofing contractor": 6
(a) Means any person licensed by the department, including a subcontractor, 7
who in the ordinary course of business: 8
1. Engages in the business of commercial or residential roofing services 9
for a fee; or 10
2. Offers to engage in or solicits roofing -related services, including but 11
not limited to alteration, construction, installation, maintenance, 12
renovation, repair, and waterproofing; and 13
(b) Does not mean a person: 14
1. Engaged in the demolition of a structure o r the cleanup of 15
construction waste and debris that contains roofing material; or 16
2. Working under the direct supervision of the roofing contractor and 17
who is hired by the roofing contractor as an employee, day laborer, or 18
contract laborer; and 19
(2) "Roofing contractor's license" or "license" means the license issued by the 20
department to a roofing contractor. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 22
READ AS FOLLOWS: 23
(1) A person who is not licensed as a r oofing contractor shall not represent himself 24
or herself to the public as a roofing contractor or use any terms, titles, or 25
abbreviations that express or imply that the person is a roofing contractor. 26
(2) A person shall not practice as a roofing contractor , unless that person has met 27
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the requirements of Sections 1 to 9 of this Act. 1
SECTION 3. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 2
READ AS FOLLOWS: 3
(1) The department shall: 4
(a) Administer and enforce Sections 1 to 9 of this Act; and 5
(b) Evaluate the qualifications of applicants for licensure. 6
(2) The department may: 7
(a) Refuse to issue or renew a roofing contractor's license; 8
(b) Suspend or revoke a roofing contractor's license; 9
(c) Impose supervisory or probationary conditions upon a licensee; 10
(d) Impose administrative disciplinary fines; 11
(e) Issue written reprimands or admonishments; and 12
(f) Take any combination of the actions permitted in this subsection. 13
(3) The department may seek injunctive relief in the Frank lin Circuit Court or the 14
Circuit Court of the county in which the violation occurred or the business of the 15
accused is located to stop any unlawful practice prohibited by Sections 1 to 9 of 16
this Act and administrative regulations promulgated thereunder. Th e department 17
may also seek injunctive relief if an unlicensed person inappropriately uses the 18
title "roofing contractor." 19
(4) The department may enter into reciprocal agreements with other states having 20
licensure, certification, or registration qualificati ons and requirements of a 21
similar scope of practice to those of this state. 22
SECTION 4. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 23
READ AS FOLLOWS: 24
(1) The department shall promulgate administrative regulations in ac cordance with 25
KRS Chapter 13A necessary to carry out Sections 1 to 9 of this Act, including: 26
(a) Issuing and renewing roofing contractor's licenses to applicants who meet 27
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the requirements of Section 5 of this Act; 1
(b) Denying, suspending, or revoking a roofing contractor's license; 2
(c) Maintaining a current register of license holders as a matter of public 3
record; 4
(d) Establishing procedures for receiving, investigating, and resolving 5
complaints against license holders; 6
(e) Conducting administrative hearings in accordance with KRS Chapter 13B 7
for disciplinary actions taken under paragraph (b) of this subsection and 8
Section 3 of this Act; and 9
(f) 1. Assessing fees for the issuance and renewal of licenses to cover 10
administrative and operating expenses of the department; and 11
2. Authorizing all disbursements necessary to administer Sections 1 to 9 12
of this Act. 13
(2) The department shall establish through administrative regulation the required fee 14
amounts to be paid by licensees and applicants for licensure under Sections 1 to 9 15
of this Act, including: 16
(a) A nonrefundable application fee for initial licensure as a roofing contra ctor 17
not to exceed two hundred dollars ($200); 18
(b) A renewal fee for a roofing contractor not to exceed two hundred dollars 19
($200); 20
(c) A fee for a duplicate or replacement license not to exceed twenty-five dollars 21
($25); 22
(d) A reinstatement fee for failur e to renew a license for a roofing contractor 23
not to exceed one hundred dollars ($100); and 24
(e) Other reasonable fees for administrative services. 25
SECTION 5. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 26
READ AS FOLLOWS: 27
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An applicant for a roofing contractor's license shall: 1
(1) Be at least eighteen (18) years of age; 2
(2) Be a citizen of the United States or a resident alien who is authorized to work in 3
the United States; 4
(3) Have paid to the department the application fee and the appropriate examination 5
fee, which shall not exceed the actual cost of examination; 6
(4) Have achieved a passing score, as set by the department, on all portions of the 7
examination required by the department; 8
(5) Have met the training and experi ence requirements established in administrative 9
regulations promulgated by the department; and 10
(6) Have submitted proof that he or she has complied with workers' compensation 11
and unemployment insurance laws and administrative regulations and has 12
obtained a general liability insurance policy of not less than five hundred 13
thousand dollars ($500,000). 14
SECTION 6. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 15
READ AS FOLLOWS: 16
(1) The department shall select and approve an ex amination to be used in 17
determining the competency of persons to be licensed under Sections 1 to 9 of this 18
Act. Any examination selected and approved for licensing shall be a nationally 19
recognized examination that has been determined through proper validat ion 20
techniques to successfully measure an individual's competency to perform the 21
licensed practice. 22
(2) The department shall offer the examination on a regularly scheduled basis in 23
localities around the state. 24
(3) The department may contract with an outsid e entity or testing service for the 25
administration of the examination required for licensure. 26
SECTION 7. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 27
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READ AS FOLLOWS: 1
(1) There is hereby established in the State Treasury a trust and agency account to be 2
known as the roofing contractors fund. The fund shall consist of moneys received 3
by the department under Sections 1 to 9 of this Act. 4
(2) The fund shall be administered by the department. 5
(3) Amounts deposited in the fund shall be used for the department's expenses 6
related to the regulation and enforcement of Sections 1 to 9 of this Act. 7
(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 8
year shall not lapse but shall be carried forward into the next fiscal year. 9
SECTION 8. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 10
READ AS FOLLOWS: 11
(1) Following a hearing pursuant to KRS Chapter 13B, the department may impose 12
sanctions set forth in Section 3 of this Act upon proof that the licensee has: 13
(a) Misrepresented or concealed a material fact in obtaining a license, or in the 14
reinstatement thereof; 15
(b) Been incompetent or negligent in the practice of performing roofing work; 16
(c) Failed to comply with an order issued by the department or an assurance of 17
voluntary compliance; or 18
(d) Violated any provision of Sections 1 to 9 of this Act or administrative 19
regulations promulgated thereunder. 20
(2) One (1) year from the date of a revocation, any former licensee whose license has 21
been revoked may petition the department for reinstatement. The department 22
shall investigate the petition and may reinstate the license upon a finding that the 23
applicant has complied with any terms prescribed by the d epartment and is again 24
able to competently engage in the practice of performing roofing work. 25
(3) At any time during the investigative or hearing processes, the department may 26
enter into an agreed order or accept an assurance of voluntary compliance with 27
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the license holder that effectively deals with the complaint. 1
(4) The department may reconsider, modify, or reverse its probations, suspensions, or 2
other disciplinary actions. 3
SECTION 9. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 4
READ AS FOLLOWS: 5
Any person who violates or aids in the violation of any provision of Sections 1 to 9 of 6
this Act is guilty of a misdemeanor and upon conviction shall be fined not less than 7
five hundred dollars ($500) nor more than five thous and dollars ($5,000), or sentenced 8
to jail for not less than ten (10) nor more than one hundred eighty (180) days, or both. 9