Arkansas 2025 Regular Session

Arkansas Senate Bill SB627 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 627 3
66 4
77 By: Senator Irvin 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO ASSIST THE ADMINISTRATION OF THE CODE 9
1212 ENFORCEMENT SECTION OF THE DEPARTMENT OF LABOR AND 10
1313 LICENSING; TO REPEAL THE ELECTRICAL CONTRACTOR AND 11
1414 AIR CONDITIONING ELECTRICIAN LICENSES; TO TRANSFER 12
1515 AND UPGRADE THE CLASS C HVACR LICENSE; TO IMPROVE THE 13
1616 LICENSING OF APPRENTICE ELECTRICIANS; TO HELP THE 14
1717 ELEVATOR OWNERS SATISFY TESTING REQUIREMENTS; TO 15
1818 CLARIFY ANNUAL LICENSING RENEWAL PERIODS; TO AID IN 16
1919 THE ADMINISTRATION OF THE STATE’S ELECTRICIAN, HVACR, 17
2020 ELEVATOR, AND BOILER SAFETY LAWS; AND FOR OTHER 18
2121 PURPOSES. 19
2222 20
2323 21
2424 Subtitle 22
2525 TO ASSIST THE ADMINISTRATION OF THE CODE 23
2626 ENFORCEMENT SECTION OF THE DEPARTMENT OF 24
2727 LABOR AND LICENSING AND THE STATE'S 25
2828 ELECTRICIAN, HVACR, ELEVATOR, AND BOILER 26
2929 SAFETY LAWS. 27
3030 28
3131 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29
3232 30
3333 SECTION 1. Arkansas Code § 17 -28-101(1), concerning the definition of 31
3434 air conditioning electrician, is repealed. 32
3535 (1) “Air conditioning electrician” means an individual who is 33
3636 limited to a license classification possessing the necessary qualifications, 34
3737 training, and technical knowledge for the installation, maintenance, and 35
3838 extension of electrical conductors and equipment solely for the purpose of 36 SB627
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4141 supplying heating and air conditioning and refrigeration units; 1
4242 2
4343 SECTION 2. Arkansas Code § 17 -28-102(c)(1), concerning the 3
4444 construction and exemptions of line voltage power wiring, is amended to read 4
4545 as follows: 5
4646 (c)(1) Any holder of a state -issued heating, ventilation, air 6
4747 conditioning, and refrigeration, or HVACR, license may run line voltage power 7
4848 wiring in compliance with the state electric code from a disconnect box to an 8
4949 outdoor HVACR unit within a distance not to exceed ten (10') seventy-five 9
5050 (75') feet from any point of the HVACR equipment without obtaining an 10
5151 electrician's license as required by this chapter. 11
5252 12
5353 SECTION 3. Arkansas Code § 17 -28-203(a), concerning fees for the 13
5454 licensing examinations of electricians, is amended to read as follows: 14
5555 (a) The Board of Electrical Examiners of the State of Arkansas is 15
5656 authorized to conduct examinations of persons applying for a license as a 16
5757 master electrician, journeyman electrician, industrial maintenance 17
5858 electrician, residential master electrician, air conditioning electrician, 18
5959 specialist sign electrician, or residential journeyman electrician. These 19
6060 persons shall pay fees established by the board, but in no event shall such 20
6161 examination fees exceed the following: 21
6262 (1) Master electrician ............. $100.00 22
6363 (2) Journeyman electrician ............. 100.00 23
6464 (3) Industrial maintenance electrician ............. 50.00 24
6565 (4) Residential master electrician ............. 100.00 25
6666 (5) Residential journeyman electrician ............. 100.00 26
6767 (6) Air conditioning electrician ............. 100.00 27
6868 (7)(6) Specialist sign electrician with parking lot endorsement 28
6969 ............. 100.00 29
7070 30
7171 SECTION 4. Arkansas Code § 17-28-301 is amended to read as follows: 31
7272 17-28-301. Electrician's license — Issuance and renewal — Fees. 32
7373 (a) Individuals passing the master, journeyman, residential master, 33
7474 residential journeyman, air conditioning electrician, specialist sign 34
7575 electrician, or industrial maintenance electrician's examination as specified 35
7676 in § 17-28-203 shall be issued a license of the same class as that of the 36 SB627
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7979 examination upon payment of the following fees: 1
8080 (1) Master electrician ............. $50.00 2
8181 (2) Journeyman electrician ............. 25.00 3
8282 (3) Industrial maintenance electrician ............. 25.00 4
8383 (4) Residential master electrician ............. 50.00 5
8484 (5) Residential journeyman electrician ............. 25.00 6
8585 (6) Air conditioning electrician ............. 25.00 7
8686 (7)(6) Specialist sign electrician with parking lot endorsement 8
8787 ............. 25.00. 9
8888 (b)(1) Licenses shall expire on the date indicated on the licenses. 10
8989 (2) The license may be renewed for a period of one (1) , two (2), 11
9090 or three (3) years year with the fee to be as follows: 12
9191 (A) Master electrician ............. $50.00 per year 13
9292 (B) Journeyman electrician ............. 25.00 per year 14
9393 (C) Industrial maintenance electrician ............. 25.00 15
9494 per year 16
9595 (D) Residential master electrician ............. 50.00 per 17
9696 year 18
9797 (E) Residential journeyman electrician ............. 25.00 19
9898 per year 20
9999 (F) Air conditioning electrician ............. 25.00 per 21
100100 year 22
101101 (G)(F) Specialist sign electrician with parking lot 23
102102 endorsement ............. 25.00 per year. 24
103103 (3) A licensee may renew his or her license within thirty-six 25
104104 (36) months following the expiration date on the license by paying: 26
105105 (A) The renewal fee under subdivision (b)(2) of this 27
106106 section; 28
107107 (B) A late fee equal to one (1) year of the renewal fee 29
108108 plus ten dollars ($10.00) for each calendar month between the expiration date 30
109109 indicated on the license and the date of application for renewal; and 31
110110 (C) Any outstanding monetary civil penalty. 32
111111 (4) If a licensee shall fail to renew his or her license within 33
112112 thirty-six (36) months after the expiration date on the license, the licensee 34
113113 may reinstate his or her license by retaking the examination required under § 35
114114 17-28-203 and paying: 36 SB627
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117117 (A) The fees and any applicable penalty under subdivision 1
118118 (b)(3) of this section; and 2
119119 (B) An additional penalty of one thousand dollars 3
120120 ($1,000). 4
121121 (5)(A) The Board of Electrical Examiners of the State of 5
122122 Arkansas may, after hearing, deny renewal or reinstatement of a license for 6
123123 cause. 7
124124 (B) The applicant for renewal or reinstatement of a 8
125125 license may obtain a temporary license to expire on the date of his or her 9
126126 hearing before the board. 10
127127 (6) If a person simultaneously holds an electrical inspector 11
128128 license and a license as a master electrician or a journeyman electrician, 12
129129 the person, when renewing his or her master electrician or journeyman 13
130130 electrician license, shall be exempt from the: 14
131131 (A) Renewal fee under this section; and 15
132132 (B) Continuing education requirements for master 16
133133 electricians and journeyman electricians under § 17 -28-311. 17
134134 (c) The registration fee for an electrical apprentice shall be ten 18
135135 dollars ($10.00) annually. Apprentice registration certificates shall expire 19
136136 on the last day of the month, one (1) year following the date of original 20
137137 registration. 21
138138 (d)(1) The board may issue a temporary license as a master electrician 22
139139 or journeyman electrician that is valid for no more than six (6) months and 23
140140 renewable one (1) time only for industry projects as defined in this chapter, 24
141141 upon submission by the applicant of the following: 25
142142 (A) A temporary license fee in the amount established by 26
143143 subsection (a) of this section; 27
144144 (B) A completed application on a form furnished and 28
145145 approved by the board; and 29
146146 (C) Evidence that the applicant: 30
147147 (i) Holds a current license of the same 31
148148 classification issued by another state; or 32
149149 (ii) Meets the experience qualifications required 33
150150 under rules promulgated by the board for a temporary master electrician or a 34
151151 temporary journeyman electrician. 35
152152 (2) The Director of the Division of Occupational and 36 SB627
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155155 Professional Licensing Boards and Commissions Department of Labor and 1
156156 Licensing may renew a temporary license as a master electrician or journeyman 2
157157 electrician issued by the board for more than one (1) additional period of 3
158158 six (6) months, if: 4
159159 (A) The renewal is for work to be performed on a specific 5
160160 industry project as defined in this chapter; 6
161161 (B) The director department determines that the additional 7
162162 renewal is necessary because: 8
163163 (i) Actual construction will exceed one (1) year; 9
164164 and 10
165165 (ii) An insufficient number of licensed electricians 11
166166 is available to perform the necessary work; 12
167167 (C) The temporary license is restricted to the industry 13
168168 project for which it is issued; and 14
169169 (D) A temporary license fee in the amount established in 15
170170 subsection (a) of this section is paid. 16
171171 (3)(A) The board may issue and renew a temporary license as a 17
172172 master electrician or journeyman electrician for regularly scheduled or 18
173173 emergency maintenance work or shutdowns of not longer than six (6) weeks on 19
174174 industry projects as defined in this chapter. 20
175175 (B) An applicant for a new or renewed temporary license 21
176176 under subdivision (d)(3)(A) of this section shall submit the same items as 22
177177 are required in subdivision (d)(1) of this section. 23
178178 (e) A specialist sign electrician under § 17 -28-101 shall qualify for 24
179179 an endorsement on his or her license authorizing the licensee to maintain and 25
180180 repair parking lot lights upon successfully passing a separate examination as 26
181181 approved by the board. 27
182182 28
183183 SECTION 5. Arkansas Code § 17 -28-302 is repealed. 29
184184 17-28-302. Electrical contractor license. 30
185185 (a) Any person, member, or employee of a firm, partnership, or 31
186186 corporation desiring to engage in the business of electrical contractor may 32
187187 apply for and be issued a license upon satisfying the Board of Electrical 33
188188 Examiners of the State of Arkansas that he or she or it is either a master 34
189189 electrician or employs a master electrician as its superintendent or manager 35
190190 and shall pay a license fee in the amount of one hundred dollars ($100) per 36 SB627
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193193 year. 1
194194 (b) Any electrical contractor having met the requirements of this 2
195195 chapter may work in any municipality in the state without further 3
196196 examinations after first showing evidence of state license as described in 4
197197 this chapter and paying such fees as required by the municipality in which 5
198198 the work is to be performed. 6
199199 7
200200 SECTION 6. Arkansas Code § 17 -28-308 is amended to read as follows: 8
201201 17-28-308. Electrical apprentices. 9
202202 (a) Upon proper application and payment of the fee, the Board of 10
203203 Electrical Examiners of the State of Arkansas shall register as an electrical 11
204204 apprentice and issue a certificate of registration to any person who 12
205205 furnishes satisfactory proof that the applicant is enrolled in a school or 13
206206 training course for electrical apprentices certified by the United States 14
207207 Office of Apprenticeship. 15
208208 (b) The board shall take such actions as are reasonably necessary or 16
209209 appropriate to supervise and enforce apprenticeship supervision ratios 17
210210 established by the board by rule. 18
211211 (c) Notwithstanding the provisions of subsection (a) of this section, 19
212212 an apprentice who has successfully completed a certified school or training 20
213213 program and has been released for testing may continue to renew his or her 21
214214 apprentice registration card, if otherwise qualified, without enrolling in a 22
215215 school or training program shall test within one (1) year of release by the 23
216216 Office of Skills Development . 24
217217 (d) Application for an initial certificate of registration and renewal 25
218218 of an electrical apprentice shall be the responsibility of the school or 26
219219 training course for electrical apprentices certified by the United States 27
220220 Office of Apprenticeship in which the electrical apprentice is enrolled. 28
221221 (e) The school or training course for electrical apprentices certified 29
222222 by the United States Office of Apprenticeship in which the electrical 30
223223 apprentice is enrolled shall be responsible for documenting on -the-job 31
224224 training hours of apprentice electricians and submitting completion of hours 32
225225 to the board when releasing an apprentice electrician for testing. 33
226226 34
227227 SECTION 7. Arkansas Code § 17 -28-309 is amended to read as follows: 35
228228 17-28-309. Penalties. 36 SB627
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231231 (a) The Director of the Division of Occupational and Professional 1
232232 Licensing Boards and Commissions Secretary of the Department of Labor and 2
233233 Licensing or his or her designee is authorized to petition any court of 3
234234 competent jurisdiction to enjoin or restrain any person who performs 4
235235 electrical work without a license or who otherwise violates the provisions of 5
236236 this chapter. 6
237237 (b)(1) A civil penalty may be assessed against any person, firm, or 7
238238 corporation by the Division of Occupational and Professional Licensing Boards 8
239239 and Commissions Department of Labor and Licensing and subject to appeal and 9
240240 hearing before the Board of Electrical Examiners of the State of Arkansas 10
241241 according to the Arkansas Administrative Procedure Act, § 25 -15-201 et seq., 11
242242 if it is determined that a person, firm, or corporation has violated any: 12
243243 (A) Provision of this chapter; 13
244244 (B) Provision of the Arkansas Electrical Code Authority 14
245245 Act, § 20-31-101 et seq.; 15
246246 (C) Rule or order issued or promulgated by the board; or 16
247247 (D) Condition of a license, certificate, or registration 17
248248 issued by the board.; or 18
249249 (E) Licensure eligibility concerning criminal records 19
250250 under § 17-3-102. 20
251251 (2) For each violation, the penalty shall not exceed the 21
252252 following: one thousand dollars ($1,000) per day. 22
253253 (A) Two hundred fifty dollars ($250) for a first offense; 23
254254 (B) Seven hundred fifty dollars ($750) for a second 24
255255 offense; or 25
256256 (C) One thousand dollars ($1,000) for a third offense. 26
257257 (3) Each day of a continuing violation is a separate violation 27
258258 for purposes of penalty assessment. 28
259259 (4)(A) Assessment of a civil penalty by the board shall be made 29
260260 no later than two (2) years after the date of the occurrence of the 30
261261 violation. 31
262262 (B) No civil penalty may be assessed until the person 32
263263 charged with the violation has been given the opportunity for a hearing on 33
264264 the violation. 34
265265 (5) If any person, firm, or corporation against whom a civil 35
266266 penalty has been imposed fails to pay the penalty within sixty (60) days of 36 SB627
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269269 the board’s decision, the director secretary or his or her designee may file 1
270270 an action in a court of competent jurisdiction to collect the civil penalty 2
271271 without paying costs or giving bond for costs. 3
272272 (6) Any penalties collected under this section shall be 4
273273 deposited as special revenues into the State Treasury to the credit of the 5
274274 Department of Labor and Licensing Special Fund, there to be used by the 6
275275 Department of Labor and Licensing in carrying out the functions, powers, and 7
276276 duties of this chapter. 8
277277 9
278278 SECTION 8. Arkansas Code § 17 -28-310 is repealed. 10
279279 17-28-310. Grandfather clause. 11
280280 (a) Applicants for a license under this chapter shall be exempt from 12
281281 the examination requirement of § 17 -28-203, provided that the applicant: 13
282282 (1) Is qualified by experience requirements to take the 14
283283 examination for a particular license classification under the provisions of 15
284284 this chapter and the rules of the Board of Electrical Examiners of the State 16
285285 of Arkansas; 17
286286 (2) Has not had a municipal electrician's license or a state 18
287287 electrician's license of any classification revoked or suspended for cause; 19
288288 (3) Submits the appropriate fee; and 20
289289 (4) Applies for a license before July 1, 1998. 21
290290 (b) Notwithstanding any provision to the contrary, an applicant for a 22
291291 license under this section shall be exempt from the journeyman electrician 23
292292 examination requirement of § 17 -28-203 if he or she has completed electrical 24
293293 apprenticeship training and education under a bona fide apprenticeship 25
294294 program registered with the United States Office of Apprenticeship and he or 26
295295 she meets the requirements of subdivisions (a)(2) -(4) of this section. 27
296296 (c) An applicant for a specialist sign electrician license under this 28
297297 chapter shall be exempt from the examination requirement of § 17 -28-203 if 29
298298 the applicant: 30
299299 (1) Is qualified by experience requirements to take the 31
300300 examination for a particular license classification under this chapter and 32
301301 the rules of the board; 33
302302 (2) Has not had a municipal electrician's license or a state 34
303303 electrician's license of any classification revoked or suspended for cause; 35
304304 (3) Submits the appropriate fee; and 36 SB627
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307307 (4) Applies for the specialist sign electrician license before 1
308308 September 1, 2009. 2
309309 3
310310 SECTION 9. Arkansas Code § 17 -28-311(a), concerning continuing 4
311311 education requirements for electrician licensees, is amended to read as 5
312312 follows: 6
313313 (a) A journeyman electrician licensee , residential journeyman 7
314314 electrician licensee, or master electrician licensee , or residential master 8
315315 electrician licensee shall complete at least eight (8) hours of continuing 9
316316 education for each the current National Electrical Code cycle in the first 10
317317 year of each new code cycle before renewing his or her license. 11
318318 12
319319 SECTION 10. Arkansas Code § 17 -33-101(8), concerning definitions 13
320320 pertaining to HVACR workers, is amended to read as follows: 14
321321 (8) “HVACR gas fitting work" means gas fitting work for the purpose of 15
322322 supplying an HVACR system and shall be limited to installing six feet (6′) 16
323323 seventy-five feet (75’) or less final of gas piping connection to a heating 17
324324 unit from an existing, accessible manual safety shutoff gas cock, installing 18
325325 flue gas vents and combustion air for the HVACR system; 19
326326 20
327327 SECTION 11. Arkansas Code § 17 -33-101(16)(A), concerning definitions 21
328328 pertaining to HVACR workers, is amended to read as follows: 22
329329 (A) Does not hold a Class A, Class B, Class C, Class D, or 23
330330 Class E HVACR license; 24
331331 25
332332 SECTION 12. Arkansas Code § 17 -33-103(b), concerning HVACR electrical 26
333333 work, is amended to read as follows: 27
334334 (b) Any individual licensed or registered to perform HVACR work may 28
335335 perform electrical connections to heating and air conditioning units without 29
336336 obtaining any other license to perform the work, so long as the connection is 30
337337 made to a disconnecting means suitable in capacity for the equipment to be 31
338338 served and is provided by others within ten feet (10′) seventy-five feet (75’) 32
339339 of the unit. 33
340340 34
341341 SECTION 13. Arkansas Code § 17 -33-105(a)(1)(A)(ii), concerning 35
342342 penalties, is amended to read as follows: 36 SB627
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345345 (ii) The penalty shall not exceed two hundred fifty 1
346346 dollars ($250) one thousand dollars ($1,000) for each violation per day, and 2
347347 each day of a continuing violation may be deemed a separate violation for 3
348348 purposes of penalty assessments. 4
349349 5
350350 SECTION 14. Arkansas Code § 17 -33-202(7), concerning the powers and 6
351351 duties of the HVACR Licensing Board, is amended to read as follows: 7
352352 (7) Review applications for examination for a Class A, Class B, 8
353353 Class C, Class D, Class E, and Class L license; 9
354354 10
355355 SECTION 15. Arkansas Code § 17 -33-202(9), concerning the powers and 11
356356 duties of the HVACR Licensing Board, is amended to read as follows: 12
357357 (9) Establish by board rule a maximum of four (4) eight (8) 13
358358 hours per year International Mechanical Code cycle of continuing education if 14
359359 the board determines that a specific class of license requires continuing 15
360360 education; 16
361361 17
362362 SECTION 16. Arkansas Code § 17 -33-204 is amended to read as follows: 18
363363 17-33-204. Fees. 19
364364 (a)(1) The HVACR Licensing Board shall adopt a fee schedule by rule 20
365365 and regulation. The fee schedule may include, but is not limited to: 21
366366 (A) Testing fees; 22
367367 (B) License fees; 23
368368 (C) Civil penalty fees; 24
369369 (D) Registration fees; 25
370370 (E) Inspection fees; 26
371371 (F) Fees for code books Renewal fees; 27
372372 (G) Late renewal fees; and 28
373373 (H) Late penalty fees. 29
374374 (2) The board may provide for a reduction in the fees of a 30
375375 person or partnership who holds one (1) or more licenses determined by the 31
376376 board to be HVACR-related and for which the board determines a reduction in 32
377377 fees should be allowed. 33
378378 (b) Until a fee schedule is established by the board, the licensure 34
379379 and registration fees shall be as follows: 35
380380 Class A License ............. $200.00 36 SB627
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383383 Class B License ............. 150.00 1
384384 Class C License ............. 100.00 2
385385 Class D License ............. 150.00 3
386386 Class E License ............. 150.00 4
387387 Class L License ............. No Charge 5
388388 Registration Fee ............. 25.00. 6
389389 (c) The fees established by the board for licensure and registration 7
390390 shall not exceed the amounts provided for in subsection (b) of this section. 8
391391 9
392392 SECTION 17. Arkansas Code § 17 -33-303 is amended to read as follows: 10
393393 17-33-303. Classes of licenses. 11
394394 (a) Except as otherwise provided in this chapter, every individual who 12
395395 designs, installs, constructs, maintains, services, repairs, alters, or 13
396396 modifies any HVACR system or any portion of an HVACR system in the State of 14
397397 Arkansas shall obtain one (1) of the following classes of license and pay the 15
398398 fees prescribed by the HVACR Licensing Board; 16
399399 (1) Class A — Entitles the licensee to perform HVACR work 17
400400 without limitation to BTUH or horsepower capacities; 18
401401 (2) Class B — Entitles the licensee to perform HVACR work on 19
402402 air conditioning systems that develop a total of not more than fifteen (15) 20
403403 twenty-five (25) tons of cooling capacity per unit or one million (1,000,000) 21
404404 BTUH heating input per unit and refrigeration systems of fifteen horsepower 22
405405 (15 h.p.) or less per unit; 23
406406 (3) Class C — Entitles the licensee who is in the business of 24
407407 servicing and repairing heating, ventilation, air conditioning, or 25
408408 refrigeration equipment for the public to service, repair, or replace 26
409409 components of HVACR equipment and to perform HVACR work on air conditioning 27
410410 systems that develop a total of not more than fifteen (15) tons of cooling 28
411411 capacity per unit or one million (1,000,000) BTUH heating input per unit and 29
412412 refrigeration systems of fifteen horsepower (15 h.p.) or less per unit. A 30
413413 Class C license holder shall not install any original HVACR equipment or 31
414414 replace any existing HVACR equipment; 32
415415 (4)(3) Class D — Entitles the licensee to perform sheet metal 33
416416 work as it relates to ductwork for HVACR systems without regard to or 34
417417 limitation of horsepower of the system to which the duct connects. The 35
418418 licensee in this category is prohibited from the sale, installation, and 36 SB627
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421421 service of HVACR equipment and systems; 1
422422 (5)(4) Class E — Entitles the licensee to perform refrigeration 2
423423 work as defined in § 17-33-101 without regard to or limitation of horsepower. 3
424424 The licensee in this category is prohibited from the sale, installation, and 4
425425 service of heating and air conditioning equipment used for the treatment of 5
426426 air for human comfort requirements; and 6
427427 (6)(5) Class L — Entitles a licensee to apply for and obtain a 7
428428 restricted lifetime license without having to pay a license fee in any 8
429429 specific category of license as defined in this chapter. The applicant must 9
430430 be at least sixty-five (65) years of age and hold a current license in good 10
431431 standing with the board. The board shall promulgate rules to define the 11
432432 specific requirements of the lifetime license. 12
433433 (b) The board shall promulgate rules necessary to carry out the 13
434434 provisions of this section. 14
435435 (c)(1) An individual may perform HVACR work under a Class A, Class B, 15
436436 Class C, Class D, or Class E HVACR license holder by registering with the 16
437437 Department of Labor and Licensing. 17
438438 (2) The registrant shall pay an annual registration fee as 18
439439 required by the board. Annual registration, including without limitation 19
440440 payment of the fee as required by the board, for the registrant shall be the 20
441441 responsibility of the HVACR license holder. 21
442442 (3) All licensees are responsible for ensuring that all HVACR 22
443443 employees hold a current HVACR registration or HVACR license. 23
444444 24
445445 SECTION 18. Arkansas Code § 17 -33-307 is amended to read as follows: 25
446446 17-33-307. Grounds for suspension or revocation. 26
447447 The HVACR Licensing Board, on its own motion, may make investigations 27
448448 and conduct hearings and, on its own motion or upon complaint in writing 28
449449 signed and verified by the complainant, suspend or revoke any license or 29
450450 registration if it finds that the holder of the license or registrant has: 30
451451 (1) Made a material misstatement in the application for license 31
452452 or registration or renewal thereof; 32
453453 (2) Demonstrated incompetency to act as a license holder or 33
454454 registrant according to rules and standards promulgated by the board; or 34
455455 (3) Violated any provisions of this chapter or any rule or order 35
456456 prescribed by the board.; or 36 SB627
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459459 (4) Pled guilty or nolo contendere to or been found guilty of 1
460460 any offense listed under § 17 -3-102. 2
461461 3
462462 SECTION 19. Arkansas Code § 17 -55-101(c)(2)(C), concerning the 4
463463 licensure of electrical inspectors, is amended to read as follows: 5
464464 (C)(i) Proof of completion of at least sixteen (16) eight 6
465465 (8) hours of continuing education. 7
466466 (ii) The board shall promulgate rules to set 8
467467 standards for continuing education for licensees under subdivision 9
468468 (c)(2)(C)(i) of this section. The rules shall include without limitation 10
469469 continuing education on the statewide standards for the construction, 11
470470 installation, and maintenance of electrical facilities and the performance of 12
471471 electrical work under § 20-31-104. 13
472472 (iii) The Division of Occupational and Professional 14
473473 Licensing Boards and Commissions Department of Labor and Licensing may 15
474474 conduct or sponsor continuing education classes for electrical inspectors. 16
475475 17
476476 SECTION 20. Arkansas Code § 17 -55-101(d)(2), concerning the licensure 18
477477 of electrical inspectors, is amended to read as follows: 19
478478 (2)(A) A civil penalty may be assessed against an electrical 20
479479 inspector by the Division of Occupational and Professional 21
480480 Licensing Boards and Commissions Department of Labor and Licensing and 22
481481 subject to appeal and hearing before the board according to the Arkansas 23
482482 Administrative Procedure Act, § 25-15-201 et seq., if it is determined that 24
483483 the electrical inspector has violated a: 25
484484 (i) Provision of this chapter; 26
485485 (ii) Rule or order issued or promulgated by 27
486486 the board; or 28
487487 (iii) Condition of a license issued by the board, 29
488488 including without limitation a licensee having a criminal record as 30
489489 prohibited under § 17 -3-102. 31
490490 (B) For each violation, the civil penalty shall not exceed 32
491491 the following: one thousand dollars ($1,000) per day. 33
492492 (i) Two hundred fifty dollars ($250) for a first 34
493493 offense; 35
494494 (ii) Seven hundred fifty dollars ($750) for a second 36 SB627
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497497 offense; or 1
498498 (iii) One thousand dollars ($1,000) for a third 2
499499 offense. 3
500500 (C) Each day of a continuing violation is a separate 4
501501 violation for purposes of penalty assessment. 5
502502 (D)(i) Assessment of a civil penalty by the board shall be 6
503503 made no later than two (2) years after the date of the occurrence of the 7
504504 violation. 8
505505 (ii) A civil penalty shall not be assessed until the 9
506506 person charged with the violation has been given the opportunity for a 10
507507 hearing on the violation. 11
508508 (E) If an electrical inspector against whom a civil 12
509509 penalty has been imposed fails to pay the penalty within sixty (60) days of 13
510510 the board's decision, the Director of the Division of Occupational and 14
511511 Professional Licensing Boards and Commissions Secretary of the Department of 15
512512 Labor and Licensing or his or her designee may file an action in a court of 16
513513 competent jurisdiction to collect the civil penalty without paying costs or 17
514514 giving bond for costs. 18
515515 (F) Any penalties collected under this section shall be 19
516516 deposited as special revenues into the State Treasury to the credit of the 20
517517 Department of Labor and Licensing Special Fund, there to be used by the 21
518518 Department of Labor and Licensing department in carrying out the functions, 22
519519 powers, and duties of this chapter. 23
520520 24
521521 SECTION 21. Arkansas Code § 17 -55-103 is repealed. 25
522522 17-55-103. Persons employed as electrical inspectors as of August 16, 26
523523 2013. 27
524524 (a) A person employed as an electrical inspector as of August 16, 28
525525 2013, shall be issued a temporary electrical inspector license upon 29
526526 submission of the following information to the Board of Electrical Examiners 30
527527 of the State of Arkansas: 31
528528 (1) Proof of employment with the state or a political 32
529529 subdivision of the state as an electrical inspector in the State of Arkansas; 33
530530 (2) Verification of work experience as required by rule of the 34
531531 board; and 35
532532 (3) Payment of a license fee as required by rule of the board. 36 SB627
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535535 (b)(1) A temporary license issued under this section shall expire on 1
536536 January 1, 2014. 2
537537 (2) A recipient of a temporary license shall be eligible to 3
538538 apply for an electrical inspector license under this chapter. 4
539539 5
540540 SECTION 22. Arkansas Code § 20 -23-101(3), concerning definitions 6
541541 pertaining to boiler safety, is amended to read as follows: 7
542542 (3) “Internal” and “external” inspection means a thorough and 8
543543 proper inspection as provided for in the rules by the Boiler Inspection 9
544544 Division Section; 10
545545 11
546546 SECTION 23. Arkansas Code § 20 -23-103 is amended to read as follows: 12
547547 20-23-103. Enforcement. 13
548548 (a) The criminal penalties provided by this chapter shall be enforced 14
549549 by the prosecuting attorney of each judicial district. The administrative 15
550550 penalties provided by this chapter shall be imposed pursuant to rules of the 16
551551 Director of the Division of Labor Secretary of the Department of Labor and 17
552552 Licensing or his or her designee . 18
553553 (b) The director secretary or his or her designee may collect an 19
554554 administrative penalty imposed pursuant to this chapter in a civil action in 20
555555 a court of competent jurisdiction, and he or she shall not be required to pay 21
556556 costs or to enter a bond for payment of costs. 22
557557 23
558558 SECTION 24. Arkansas Code § 20 -23-104 is amended to read as follows: 24
559559 20-23-104. Periodic or regular attendance. 25
560560 (a) All boilers subject to the provisions of this chapter shall be 26
561561 continuously monitored by mechanical and electronic devices approved by the 27
562562 Director of the Division of Labor Secretary of the Department of Labor and 28
563563 Licensing or his or her designee . When a plant is in operation or when any 29
564564 public building is occupied, the boilers shall be under regular attendance by 30
565565 a boiler operator unless otherwise exempt. 31
566566 (b) Boilers that are manually operated shall be under constant 32
567567 attendance whenever they are in use for any purpose. 33
568568 (c) All steam boilers fifty horsepower (50 hp) and over, as rated by 34
569569 the manufacturer in any location, and steam boilers used in hospitals, 35
570570 hotels, schools, theatres, and office buildings, but not limited to these 36 SB627
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573573 places, shall be under regular attendance by a licensed operator who holds a 1
574574 certificate of competency issued by the Boiler Inspection Division Section. 2
575575 3
576576 SECTION 25. Arkansas Code § 20-23-105 is amended to read as follows: 4
577577 20-23-105. Disposition of funds. 5
578578 (a) All money received under this chapter shall be paid to the 6
579579 Treasurer of State, who shall place this money to the credit of the 7
580580 Department of Labor and Licensing Special Fund, there to be used by the 8
581581 Department of Labor and Licensing in carrying out the functions, powers, and 9
582582 duties as set out in this chapter and to defray the costs of the maintenance, 10
583583 operation, and improvements required by the department in carrying out the 11
584584 functions, powers, and duties otherwise imposed by law on the department or 12
585585 the Director of the Division of Labor Secretary of the Department of Labor 13
586586 and Licensing or his or her designee . 14
587587 (b) The director may issue vouchers for salaries and expenses of the 15
588588 Boiler Inspection Division when proper appropriation has been made for the 16
589589 expenditures. 17
590590 18
591591 SECTION 26. Arkansas Code § 20 -23-202 is amended to read as follows: 19
592592 20-23-202. Chief inspector, deputy inspector, etc. 20
593593 (a)(1) When the office of Chief Inspector of the Boiler Inspection 21
594594 Division Section becomes vacant, the Director of the Division of Labor 22
595595 Secretary of the Department of Labor and Licensing or his or her designee 23
596596 shall employ a citizen of the State of Arkansas to be chief inspector. 24
597597 (2) The chief inspector shall have at the time of employment not 25
598598 less than ten (10) five (5) years' experience in the construction, 26
599599 maintenance, installation, and repair or inspection of high pressure boilers 27
600600 and unfired pressure vessels. 28
601601 (b)(1)(A) The director secretary or his or her designee is authorized 29
602602 and empowered to employ a technical assistant and deputy inspectors of 30
603603 boilers. 31
604604 (B) Inspectors of steam boilers and unfired pressure 32
605605 vessels shall have had at the time of employment not less than five (5) three 33
606606 (3) years' experience in the construction, maintenance, installation, and 34
607607 repair of high pressure boilers and unfired pressure vessels or possess a 35
608608 currently valid commission from the National Board of Boiler and Pressure 36 SB627
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611611 Vessel Inspectors. 1
612612 (C)(i) Inspectors of steam boilers and unfired pressure 2
613613 vessels also shall have passed a written examination. 3
614614 (ii) The examination shall conform to standards not 4
615615 exceeding those prescribed by the Boiler and Pressure Vessel Code of the 5
616616 American Society of Mechanical Engineers. 6
617617 (iii) The examination shall test the inspector's 7
618618 knowledge of the construction, installation, maintenance, and repair of 8
619619 boilers and their appurtenances. 9
620620 (2) The director secretary or his or her designee is also 10
621621 empowered to employ clerical and administrative employees, as well as other 11
622622 inspectors, as necessary to perform the work of the Boiler Inspection 12
623623 Division Section. 13
624624 (3) The salaries are to be approved by the General Assembly. 14
625625 (c) The salaries of the employees of the Boiler Inspection Division 15
626626 Section, together with the necessary expenses of the Boiler Inspection 16
627627 Division Section, shall be paid out of the fees for which provision is made 17
628628 in this chapter. 18
629629 19
630630 SECTION 27. The introductory language of Arkansas Code § 20 -23-203(a), 20
631631 concerning the duties of the Chief Inspector of the Boiler Inspection 21
632632 Division, is amended to read as follows: 22
633633 (a) The Chief Inspector of the Boiler Inspection Division Section, 23
634634 either personally or by a deputy inspector, shall carefully: 24
635635 25
636636 SECTION 28. Arkansas Code § 20 -23-203(c), concerning the duties of the 26
637637 Chief Inspector of the Boiler Inspection Division, is amended to read as 27
638638 follows: 28
639639 (c)(1) The chief inspector shall enforce the laws of the state 29
640640 governing the use of boilers and unfired pressure vessels. He or she shall 30
641641 examine into and report to Director of the Division of Labor the Secretary of 31
642642 the Department of Labor and Licensing or his or her designee the causes of 32
643643 boiler explosions which occur within the state. 33
644644 (2) He or she shall keep in his or her office a complete and 34
645645 accurate record of the names of all owners or operators of boilers inspected 35
646646 by the Boiler Inspection Division Section, together with the location, make, 36 SB627
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649649 type, dimensions, age, condition, pressure allowed upon, and date of the last 1
650650 inspection of all boilers and shall make an annual report thereon to the 2
651651 director secretary or his or her designee . 3
652652 4
653653 SECTION 29. Arkansas Code § 20 -23-301 is amended to read as follows: 5
654654 20-23-301. Certificate of inspection required – Application of rules 6
655655 and standards – Penalties. 7
656656 (a)(1) No owner or user of a boiler or pressure vessel or engineer or 8
657657 fireman in charge of a boiler or pressure vessel shall operate or allow the 9
658658 boiler or pressure vessel to be operated without a certificate of inspection 10
659659 issued by the Director of the Division of Labor Secretary of the Department 11
660660 of Labor and Licensing or his or her designee or shall allow a greater 12
661661 pressure in the boiler or pressure vessel than is allowed by the certificate 13
662662 of inspection. 14
663663 (2)(A) All boilers and pressure vessels installed or in 15
664664 operation in this state shall conform to those rules and standards that shall 16
665665 from time to time be adopted by the Boiler Inspection Division Section with 17
666666 the approval of the director secretary or his or her designee . 18
667667 (B) The rules and standards shall not exceed those set out 19
668668 in the several sections of the Boiler and Pressure Vessel Code of the 20
669669 American Society of Mechanical Engineers and shall have the force of law 21
670670 immediately upon their approval by the director secretary or his or her 22
671671 designee. 23
672672 (3) No person shall operate or cause to be operated any boiler 24
673673 or unfired pressure vessel on which the certificate of inspection has been 25
674674 suspended or the operation of which has been forbidden by an inspector as 26
675675 provided in §§ 20-23-203, 20-23-306, 20-23-310, 20-23-401, and 20-23-402. 27
676676 (4) All pressure piping installed in this state shall conform to 28
677677 those rules and standards that shall from time to time be adopted by the 29
678678 Boiler Inspection Division Section with the approval of the director 30
679679 secretary or his or her designee . The rules and standards shall not exceed 31
680680 those set out in the American Society of Mechanical Engineers Code for 32
681681 Pressure Piping, Power Piping Code, B31.1. 33
682682 (b) Any person violating this section shall be subject to an 34
683683 administrative fine of not less than twenty -five dollars ($25.00) nor more 35
684684 than one thousand dollars ($1,000). 36 SB627
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687687 1
688688 SECTION 30. Arkansas Code § 20 -23-302 is amended to read as follows: 2
689689 20-23-302. Report by manufacturer, owner, and user. 3
690690 (a) Every manufacturer, owner, or user of a boiler or unfired pressure 4
691691 vessel in use or to be used in any part of the state and subject to 5
692692 inspection by the Boiler Inspection Division Section, as provided by this 6
693693 chapter, shall report to the division Boiler Inspection Section the location 7
694694 of the boiler or unfired pressure vessel at such times and in such manner and 8
695695 form as may be determined by the rules of the division Boiler Inspection 9
696696 Section. 10
697697 (b) Any owner, user, or agent of the owner of any boiler or unfired 11
698698 pressure vessel subject to inspection by the division Boiler Inspection 12
699699 Section, as provided in this chapter, who shall fail to report its location 13
700700 to the division Boiler Inspection Section shall be subject to an 14
701701 administrative fine of not less than one hundred dollars ($100). 15
702702 16
703703 SECTION 31. Arkansas Code § 20 -23-304 is amended to read as follows: 17
704704 20-23-304. Failure to make ready for inspection. 18
705705 Any owner, user, or agent of the owner of any boiler subject to 19
706706 inspection by the Boiler Inspection Division Section who shall fail to have a 20
707707 boiler ready for inspection after due notice as provided in this chapter 21
708708 shall pay to the division Boiler Inspection Section the inspection fee 22
709709 provided by this subchapter and shall be subject to an administrative fine of 23
710710 any sum not less than ten dollars ($10.00). 24
711711 25
712712 SECTION 32. Arkansas Code § 20 -23-305 is amended to read as follows: 26
713713 20-23-305. Special inspection. 27
714714 (a) If at any time the owner, user, or agent of the owner of any 28
715715 boiler within the state shall desire a special inspection of any boiler, it 29
716716 shall be made by the Boiler Inspection Division Section after due request 30
717717 thereof. 31
718718 (b) The inspector making the inspection shall collect a fee of one 32
719719 hundred dollars ($100) for each boiler together with his or her expenses from 33
720720 Little Rock to the place of inspection and return . 34
721721 35
722722 SECTION 33. Arkansas Code § 20 -23-306 is amended to read as follows: 36 SB627
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725725 20-23-306. Issuance. 1
726726 (a)(1) Upon receipt by the Boiler Inspection Division Section of an 2
727727 annual or biennial certificate report of inspection from a state inspector or 3
728728 from an inspector employed by an insurance company that a boiler or pressure 4
729729 vessel is in safe working condition with the required fittings, valves, and 5
730730 appliances properly installed and set, the Director of the Division of Labor 6
731731 Secretary of the Department of Labor and Licensing or his or her designee 7
732732 shall issue to the owner of the boiler or pressure vessel a certificate of 8
733733 inspection. 9
734734 (2) The certificate of inspection shall be issued upon payment 10
735735 of a fee of fifteen dollars ($15.00) in cases of all boilers other than 11
736736 unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of 12
737737 unfired pressure vessels. 13
738738 (3) The certificate of inspection shall state the maximum 14
739739 pressure at which the boiler or pressure vessel may be operated as may be 15
740740 determined by the rules adopted by the Boiler Inspection Division Section, as 16
741741 provided in this chapter. 17
742742 (b) Upon receipt of a certificate of inspection under subsection (a) 18
743743 of this section, unless the certificate of inspection is withdrawn or 19
744744 suspended, the owner or user may operate boilers: 20
745745 (1) Other than unfired pressure vessels described in the 21
746746 certificate for one (1) year from the date of annual inspection plus any 22
747747 extension granted under § 20-23-203(a) of the time for the next annual 23
748748 inspection; and 24
749749 (2) That are unfired pressure vessels for two (2) years from the 25
750750 date of biennial inspection. 26
751751 (c) Any owner or operator of a boiler or pressure vessel who is 27
752752 dissatisfied with the result of an inspection made by an inspector employed 28
753753 by an insurance company may appeal to the Chief Inspector of the Boiler 29
754754 Inspection Division Section, who shall cause a special investigation to be 30
755755 conducted and, upon the report of the inspection, shall render his or her 31
756756 decision, the decision to be final. 32
757757 33
758758 SECTION 34. Arkansas Code § 20 -23-307 is amended to read as follows: 34
759759 20-23-307. New boilers and unfired pressure vessels – Permit required. 35
760760 (a) Every manufacturer, contractor, jobber, owner, or user of a boiler 36 SB627
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763763 or unfired pressure vessel or pressure piping system shall obtain a permit 1
764764 from the Boiler Inspection Division Section before any boiler or unfired 2
765765 pressure vessel or pressure piping system may be installed or moved and 3
766766 installed in the State of Arkansas. 4
767767 (b) When new boilers or unfired pressure vessels are to be installed, 5
768768 the manufacturer's data report for each boiler and unfired pressure vessel 6
769769 shall be submitted with the application for installation. 7
770770 (c) No boiler or unfired pressure vessel or pressure piping may be 8
771771 installed without approval from the division Boiler Inspection Section . 9
772772 10
773773 SECTION 35. Arkansas Code § 20 -23-308 is amended to read as follows: 11
774774 20-23-308. New boilers and unfired pressure vessels – Fees. 12
775775 (a) The following fees shall be paid before permits may be issued for 13
776776 the installation of any boiler or unfired pressure vessel: 14
777777 (1) Boilers: 15
778778 (A) Up to 25 200 horsepower, incl. $15.00 $25.00 16
779779 (B) Over 25 horsepower to 50 horsepower, incl. 20.00 17
780780 (C) Over 50 horsepower to 100 horsepower, incl. 25.00 18
781781 (D) Over 100 horsepower to 200 horsepower, incl. 30.00 19
782782 (E) Over 200 horsepower to 300 horsepower, incl. 50.00 20
783783 (F) Over 300 horsepower to 400 horsepower, incl. 60.00 21
784784 (G) Over 400 horsepower to 500 horsepower, incl. 70.00 22
785785 (H) Over 500 200 horsepower $95.00 $45.00 23
786786 (2) Unfired pressure vessels, including hot water storage 24
787787 containers: $30.00 25
788788 (A) 500 gallons capacity or less $15.00 26
789789 (B) 501 gallons capacity to 1,000 gallons capacity 20.00 27
790790 (C) 1,001 gallons capacity to 5,000 gallons capacity 40.00 28
791791 (D) 5,001 gallons capacity and over 50.00 29
792792 (b) The fee paid for the issuance of a permit for the installation of 30
793793 pressure piping shall be one hundred dollars ($100). 31
794794 32
795795 SECTION 36. Arkansas Code § 20 -23-310 is amended to read as follows: 33
796796 20-23-310. Suspension. 34
797797 (a)(1) The Chief Inspector of the Boiler Inspection Division Section 35
798798 or his or her authorized representatives representative may at any time 36 SB627
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801801 suspend an inspection certificate when in their his or her opinion the boiler 1
802802 or unfired pressure vessel for which it was issued cannot be operated without 2
803803 menace to the public safety or when the boiler or unfired pressure vessel is 3
804804 found not to comply with the rules provided in this subchapter. 4
805805 (2) Any insurance company inspector or inspection service 5
806806 provider who has been issued an Arkansas commission and is inspecting boilers 6
807807 or pressure vessels in this state shall have corresponding powers with 7
808808 respect to operating certificates for boilers or pressure vessels insured by 8
809809 the company employing him or her. 9
810810 (3) The suspension of an operating certificate shall continue in 10
811811 effect until the boiler or pressure vessel shall have been made to conform to 11
812812 the rules of the Boiler Inspection Division Section and until the operating 12
813813 certificate shall have been reinstated. 13
814814 (b) Any inspector of the division Boiler Inspection Section or any 14
815815 commissioned inspector of any insurance company or inspection service 15
816816 provider who after inspection of a boiler or unfired pressure vessel shall 16
817817 find it unsafe for operation shall suspend its certificate of inspection and 17
818818 forbid its further use until it shall have been made to conform to the 18
819819 standards adopted by the division Boiler Inspection Section and until its 19
820820 certificate of inspection shall have been reinstated by an authorized 20
821821 inspector. 21
822822 22
823823 SECTION 37. Arkansas Code § 20 -23-311 is amended to read as follows: 23
824824 20-23-311. Inspection fees generally. 24
825825 (a) Within thirty (30) days from the date of inspection, there shall 25
826826 be paid for the annual inspection of each boiler by the Boiler Inspection 26
827827 Division Section made according to the provisions of this chapter, the sum as 27
828828 follows: 28
829829 (1) Boilers: $25.00; and 29
830830 (A) Up to and including 15 horsepower, incl. $10.00 30
831831 (B) Over 15 horsepower to 50 horsepower, incl. 13.00 31
832832 (C) Over 50 horsepower to 100 horsepower, incl. 18.00 32
833833 (D) Over 100 horsepower to 150 horsepower, incl. 20.00 33
834834 (E) Over 150 horsepower to 250 horsepower, incl. 23.00 34
835835 (F) Over 250 horsepower to 500 horsepower, incl. 35.00 35
836836 (G) Over 500 horsepower 50.00 36 SB627
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839839 (2) Shop inspections: per day, four hundred forty dollars 1
840840 ($440); per half day, two hundred and twenty dollars ($220); plus expenses, 2
841841 including mileage not to exceed the rate authorized by the General Assembly 3
842842 to employees of state agencies who furnish their own transportation, and 4
843843 meals and lodging in accordance with that approved by the General Assembly as 5
844844 a daily allowance; and 6
845845 (3) Unfired pressure vessels : $15.00 7
846846 (A) 150 gallons or less $9.00 8
847847 (B) 151 gallons to 500 gallons 10.00 9
848848 (C) 501 gallons to 1,000 gallons 11.00 10
849849 (D) 1,001 gallons to 2,000 gallons 12.00 11
850850 (E) 2,001 gallons to 3,000 gallons 13.00 12
851851 (F) 3,001 gallons to 5,000 gallons 14.00 13
852852 (G) 5,001 gallons and over 18.00 14
853853 (b) The rates in subsection (a) of this section may be reduced by the 15
854854 Director of the Division of Labor Secretary of the Department of Labor and 16
855855 Licensing or his or her designee at the beginning of any fiscal year if the 17
856856 rates produce a greater amount of revenue than is required to defray the cost 18
857857 of operation of the Boiler Inspection Division Section. 19
858858 (c) All inspection fees shall be paid by the owner, user, or agent of 20
859859 the owner, and the inspector may receive the fee and issue his or her receipt 21
860860 therefor. 22
861861 (d) If the owner, user, or agent of the owner shall fail to pay any 23
862862 inspection fee under this section within thirty (30) days, a civil money 24
863863 penalty equal to the amount of the unpaid fee shall attach to the outstanding 25
864864 amount of the fee, and the director secretary or his or her designee shall be 26
865865 empowered to collect this penalty in addition to the amount of the fee. 27
866866 28
867867 SECTION 38. Arkansas Code § 20 -23-312 is amended to read as follows: 29
868868 20-23-312. Inspection fees – Collection. 30
869869 (a)(1) In addition to other remedies provided for by this chapter, if 31
870870 after the making of any inspection or accrual of any charge or penalty 32
871871 required or authorized by this chapter, the fee, penalty, or charge is not 33
872872 paid within thirty (30) days after demand upon whoever is liable therefor, 34
873873 the Director of the Division of Labor Secretary of the Department of Labor 35
874874 and Licensing or his or her designee may employ an attorney, who is empowered 36 SB627
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877877 without payment of costs or giving of bond for costs to institute suit in the 1
878878 name of the State of Arkansas in any court of competent jurisdiction to 2
879879 collect the fees, penalties, costs, and charges. 3
880880 (2)(A) The court where suit is brought pursuant to subdivision 4
881881 (a)(1) of this section for collection of fees, penalties, and charges shall, 5
882882 without limitation, based on the actual amount of the judgment award an 6
883883 attorney's fee equal to the actual cost to the Division of Labor Department 7
884884 of Labor and Licensing or the Boiler Inspection Division Section for the 8
885885 regular hourly rate of pay of the attorney multiplied by the actual hours, 9
886886 including, but not limited to, travel time, litigation, and case review. 10
887887 (B) Furthermore, the court shall award, without 11
888888 limitation, based on the actual amount of the judgment an amount equal to all 12
889889 costs incurred by the Division of Labor department or the Boiler Inspection 13
890890 Division Section, including, but not limited to, travel costs, witness fees, 14
891891 sheriff's service fees, or costs incurred pursuant to the collection of any 15
892892 judgment obtained by the Division of Labor department or the Boiler 16
893893 Inspection Division Section. 17
894894 (b)(1) The plaintiff in the suits is given a lien upon the boiler and 18
895895 all parts, connections, and attachments thereto, whether attached to the land 19
896896 or not, to accrue the payment of the inspection fees for making the 20
897897 inspection. 21
898898 (2) The lien shall attach to the property at the time of making 22
899899 the inspection and shall continue until all inspection fees are paid. 23
900900 (3) The lien, when it so attaches, shall be held to be prior, 24
901901 paramount, and superior to the liens, claims, and demands of all persons 25
902902 whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries 26
903903 under trusts or owners whether prior in time or not. 27
904904 28
905905 SECTION 39. Arkansas Code § 20 -23-314 is amended to read as follows: 29
906906 20-23-314. Pressure piping inspections. 30
907907 (a) The installation of pressure piping shall be periodically 31
908908 inspected during the course of the installation by an inspector commissioned 32
909909 pursuant to the provisions of § 20-23-401 in the manner and with the 33
910910 frequency prescribed by the rules of the Boiler Inspection Division Section. 34
911911 (b)(1) Upon completion of the installation of any pressure piping, a 35
912912 final inspection shall be made, and the inspector shall complete a final 36 SB627
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915915 inspection report on a form approved by the Director of the Division of Labor 1
916916 Secretary of the Department of Labor and Licensing or his or her designee . 2
917917 (2) A copy of the final inspection report shall be filed with 3
918918 the Boiler Inspection Division Section within thirty (30) days of completion 4
919919 of the installation. 5
920920 (c) If the report required by subsection (b) of this section is not 6
921921 filed within thirty (30) days after completion of the installation, the 7
922922 Boiler Inspection Division Section shall designate an inspector in its employ 8
923923 to make the inspection and report required by subsection (b) of this section. 9
924924 (d) The inspections and reports required by subsections (a) and (b) of 10
925925 this section may be made by an inspector in the employ of the Boiler 11
926926 Inspection Division Section. 12
927927 (e) For each inspection made by an inspector employed by the Boiler 13
928928 Inspection Division Section and required by subsection (a), subsection (b), 14
929929 or subsection (c) of this section, the holder of the installation permit 15
930930 shall pay the Boiler Inspection Division Section an inspection fee in the 16
931931 amount of four hundred forty dollars ($440) per day or two hundred twenty 17
932932 dollars ($220) per half -day, plus expenses and mileage at the rates 18
933933 authorized for employees of the Division of Labor who furnish their own 19
934934 transportation. 20
935935 (f) The inspections required by this section and the installation 21
936936 permit required for pressure piping by § 20-23-307 shall apply only to new 22
937937 installations and shall not be construed as requiring an inspection or an 23
938938 installation permit for maintenance, repair, or renovation of existing 24
939939 facilities. 25
940940 26
941941 SECTION 40. Arkansas Code § 20 -23-401(a), concerning certificates of 27
942942 competency and commissions of inspectors of the Boiler Inspection Division, 28
943943 is amended to read as follows: 29
944944 (a) Certificates of competency and commissions as inspectors of 30
945945 boilers shall be issued by the Boiler Inspection Division Section to persons 31
946946 in the employ of any company authorized to insure boilers against explosions 32
947947 in this state or by a qualified inspection service provider . 33
948948 34
949949 SECTION 41. Arkansas Code § 20 -23-401(f)(1), concerning commissions 35
950950 issued relating to boiler safety, is amended to read as follows: 36 SB627
951951
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953953 (f)(1) Any commission issued under this subchapter shall be 1
954954 immediately returned to the division Boiler Inspection Section when the 2
955955 inspector to whom it has been issued shall cease to be employed by the 3
956956 insurance company or inspection service provider employing him or her at the 4
957957 time the commission was issued. 5
958958 6
959959 SECTION 42. Arkansas Code § 20 -23-402 is amended to read as follows: 7
960960 20-23-402. Inspectors employed by insurance companies or private 8
961961 inspection service providers . 9
962962 (a) Boiler inspectors employed by insurance companies or private 10
963963 inspection service providers which are authorized to insure boilers in this 11
964964 state shall hold certificates of competency issued by the Boiler Inspection 12
965965 Division Section as provided in this section and shall: 13
966966 (1) Inspect internally and externally at least one (1) time 14
967967 annually or within the time granted under § 20-23-203(a) all high pressure 15
968968 steam boilers insured by their respective companies; 16
969969 (2) Inspect externally one (1) time annually and internally one 17
970970 (1) time every three (3) years every low pressure steam heating boiler 18
971971 insured by their respective companies; and 19
972972 (3) Inspect unfired pressure vessels biennially. 20
973973 (b) The insured boilers shall be exempt from all inspections other 21
974974 than those of the respective insurance company inspectors unless there is 22
975975 some evidence that proper inspection is not being made. 23
976976 (c) Within thirty (30) days following each internal inspection made by 24
977977 its inspectors, each insurance company shall file a copy of the internal 25
978978 inspection report and date of the inspection with the Boiler Inspection 26
979979 Division Section on forms approved by the Division of Labor Secretary of the 27
980980 Department of Labor and Licensing or his or her designee . 28
981981 (d)(1) Each insurance company shall file a report annually of all 29
982982 boilers insured and inspected showing location, owner, state number, and date 30
983983 of last inspection. 31
984984 (2) The report shall be filed not later than January 30 of each 32
985985 calendar year. 33
986986 (e)(1) If annual reports are not filed with the Boiler Inspection 34
987987 Division Section by insurance companies who have insurance on boilers in the 35
988988 State of Arkansas within sixty (60) days from the date they are due 36 SB627
989989
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991991 inspection, the Boiler Inspection Division Section shall make the required 1
992992 inspection. 2
993993 (2) A special inspection fee of one hundred dollars ($100) for 3
994994 each boiler or unfired pressure vessel inspected, plus mileage and expenses 4
995995 from Little Rock to point of inspection and return not to exceed the current 5
996996 rate authorized by the General Assembly to employees of state agencies who 6
997997 furnish their own transportation, plus any meals and hotel bills incurred 7
998998 shall be charged to the insurance company insuring the boilers or unfired 8
999999 pressure vessels unless an extension of time is granted by the Chief 9
10001000 Inspector of the Boiler Inspection Division Section. 10
10011001 (f) No operating certificate issued for an insured boiler inspected by 11
10021002 an insurance company inspector shall be valid after the boiler for which it 12
10031003 was issued shall cease to be insured by a company authorized by this state to 13
10041004 carry the insurance. 14
10051005 15
10061006 SECTION 43. Arkansas Code § 20 -23-404 is amended to read as follows: 16
10071007 20-23-404. Operators. 17
10081008 (a)(1) The Boiler Inspection Division Section or an authorized 18
10091009 representative of the Boiler Inspection Section shall conduct examinations 19
10101010 for each applicant seeking a boiler operator's license. 20
10111011 (2) The examination may be either written or oral shall be 21
10121012 written. 22
10131013 (3) Each applicant shall pay a fee of twenty -five dollars 23
10141014 ($25.00) for the examination and the first license. 24
10151015 (4) Each license shall be renewed annually. The annual fee shall 25
10161016 be seventeen dollars ($17.00). 26
10171017 (5) Before the applicant may participate in an examination, he 27
10181018 or she shall have had not less than six (6) months of on -the-job training. 28
10191019 Proof of this on-the-job training shall be furnished to the Division of Labor 29
10201020 Boiler Inspection Section by the employer before the examination. 30
10211021 (6) A restricted license may be issued to an applicant who has 31
10221022 passed the examination required in this subsection but who has not met the 32
10231023 requirements of subdivision (a)(5) of this section, provided that: 33
10241024 (A) The restricted license shall be effective for one (1) 34
10251025 year from the date of issue; and 35
10261026 (B) The licensee is to work under the direction and 36 SB627
10271027
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10291029 supervision of a regularly licensed boiler operator. 1
10301030 (b)(1) Any operator found operating a boiler without a certificate 2
10311031 issued by the Boiler Inspection Division Section or operating a boiler 3
10321032 knowing it to be defective shall have his or her license revoked at once. 4
10331033 (2) Any person found operating a boiler without an operator's 5
10341034 license shall be subject to an administrative fine of not less than twenty -6
10351035 five dollars ($25.00) and not more than one hundred dollars ($100). 7
10361036 8
10371037 SECTION 44. Arkansas Code § 20 -23-405 is amended to read as follows: 9
10381038 20-23-405. Sellers, installers, and repairers , and inspection service 10
10391039 providers. 11
10401040 (a)(1) All persons, firms, or corporations engaged in the sale , or 12
10411041 installation, or inspection services of boilers, unfired pressure vessels, 13
10421042 hot water storage containers, or pressure piping in any location shall be 14
10431043 licensed by the Boiler Inspection Division Section to perform the work. 15
10441044 (2) The annual license fee shall be seventy -five dollars 16
10451045 ($75.00) per year, payable in advance on or before January 31 of each 17
10461046 calendar year. 18
10471047 (b)(1) All persons, firms, or corporations engaged in the repair of 19
10481048 boilers or unfired pressure vessels shall be licensed by the division Boiler 20
10491049 Inspection Section. 21
10501050 (2) The annual license fee shall be seventy -five dollars 22
10511051 ($75.00) annually, payable in advance on or before January 31 of each 23
10521052 calendar year. 24
10531053 (c) Each person, firm, or corporation shall furnish evidence suitable 25
10541054 to the division Boiler Inspection Section that the person, firm, or 26
10551055 coporation corporation is qualified to perform the work. 27
10561056 (d) The license of any person, firm, or corporation may be revoked by 28
10571057 the division Boiler Inspection Section upon proof that the person, firm, or 29
10581058 corporation is not performing the work in compliance with this chapter and 30
10591059 the rules as provided in this chapter. 31
10601060 (e) Any person violating the provisions of this section shall be 32
10611061 guilty of a misdemeanor and upon conviction shall be punished by a fine of 33
10621062 not less than fifty dollars ($50.00) nor more than one thousand dollars 34
10631063 ($1,000) or by imprisonment for not more than five (5) years or by both fine 35
10641064 and imprisonment. 36 SB627
10651065
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10671067 (f) The provisions of §§ 20-23-104, 20-23-307 — 20-23-309, 20-23-1
10681068 403, 20-23-404, and this section shall not apply to firms under the 2
10691069 regulation of the United States Surface Transportation Board. 3
10701070 4
10711071 SECTION 45. Arkansas Code § 20 -23-406 is amended to read as follows: 5
10721072 20-23-406. Restricted lifetime license – Certificate of competency and 6
10731073 commission. 7
10741074 (a)(1)(A) Upon reaching sixty-five (65) years of age or any time 8
10751075 thereafter, any person who has been a boiler inspector for no fewer than 9
10761076 twelve (12) years may apply for a restricted lifetime boiler inspector's 10
10771077 certificate of competency and commission. 11
10781078 (B) The certificate of competency and commission shall be 12
10791079 issued upon satisfactory proof of age and upon payment of a fee prescribed by 13
10801080 the division Boiler Inspection Section . 14
10811081 (2)(A) Upon reaching sixty-five (65) years of age or any time 15
10821082 thereafter, any person who has been a boiler operator for no fewer than 16
10831083 twelve (12) years may apply for a restricted lifetime boiler operator's 17
10841084 license. 18
10851085 (B) The license shall be issued upon satisfactory proof of 19
10861086 age and upon payment of a fee prescribed by the division Boiler Inspection 20
10871087 Section. 21
10881088 (3)(A) Upon reaching sixty-five (65) years of age or any time 22
10891089 thereafter, any person who has been engaged in the sale or installation of 23
10901090 boilers, unfired pressure vessels, hot water storage containers, or pressure 24
10911091 piping for no fewer than twelve (12) years may apply for a restricted 25
10921092 lifetime license. 26
10931093 (B) The license shall be issued upon satisfactory proof of 27
10941094 age and upon payment of a fee prescribed by the division Boiler Inspection 28
10951095 Section. 29
10961096 (4)(A) Upon reaching sixty-five (65) years of age or any time 30
10971097 thereafter, any person who has been engaged in the repair of boilers or 31
10981098 unfired pressure vessels for no fewer than twelve (12) years may apply for a 32
10991099 restricted lifetime license. 33
11001100 (B) The license shall be issued upon satisfactory proof of 34
11011101 age and upon payment of a fee prescribed by the division Boiler Inspection 35
11021102 Section. 36 SB627
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11051105 (b) The division Boiler Inspection Section shall promulgate rules 1
11061106 necessary to carry out the provisions of this section. 2
11071107 3
11081108 SECTION 46. Arkansas Code § 20 -23-407 is amended to read as follows: 4
11091109 20-23-407. Owner or user inspection programs. 5
11101110 (a) Any owner or user of a steam boiler or pressure vessel subject to 6
11111111 this chapter may perform any inspections required by this chapter on such 7
11121112 vessels owned or operated by the owner or user if the owner or user meets the 8
11131113 requirements prescribed by rule of the Director of the Division of Labor 9
11141114 Secretary of the Department of Labor and Licensing or his or her designee . 10
11151115 (b) The director secretary or his or her designee shall set out 11
11161116 requirements for the certification of owner or user inspectors and 12
11171117 certification of owner or user inspection programs by rule and shall have 13
11181118 full authority to promulgate and enforce those rules. 14
11191119 (c)(1)(A) After notice and opportunity for hearing, any owner or user 15
11201120 who is found to have violated rules prescribed by the director secretary or 16
11211121 his or her designee pursuant to this subchapter shall be assessed a civil 17
11221122 monetary penalty of not less than one hundred dollars ($100) or more than 18
11231123 five thousand dollars ($5,000). 19
11241124 (B) Each day that a violation continues shall be 20
11251125 considered a separate violation. 21
11261126 (2) The director secretary or his or her designee may bring a 22
11271127 civil action in a court of competent jurisdiction to recover the amount of 23
11281128 any civil monetary penalties. 24
11291129 (d) In addition to civil monetary penalties, any owner or user who is 25
11301130 found to be in violation of this section shall be guilty of a Class A 26
11311131 misdemeanor. 27
11321132 28
11331133 SECTION 47. Arkansas Code § 20 -24-106(a), concerning the powers and 29
11341134 duties of the Elevator Safety Board, is amended to read as follows: 30
11351135 (a) It shall be the duty of the Elevator Safety Board to license 31
11361136 elevator inspectors, elevator mechanics, elevator testing contractors, and 32
11371137 elevator contractors as provided in this chapter and to revoke or suspend any 33
11381138 such license for cause. 34
11391139 35
11401140 SECTION 48. The introductory language of Arkansas Code § 20 -24-36 SB627
11411141
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11431143 108(c)(2), concerning application requirements, is amended to read as 1
11441144 follows: 2
11451145 (2) To be eligible for an elevator contractor license or 3
11461146 elevator testing contractor license , the applicant or licensee shall: 4
11471147 5
11481148 SECTION 49. Arkansas Code § 20 -24-109 is amended to read as follows: 6
11491149 20-24-109. Application and examination for licenses – Issuance and 7
11501150 renewal. 8
11511151 (a)(1) A written application for the examination and license for 9
11521152 elevator inspector, elevator mechanic, elevator testing contractor, or 10
11531153 elevator contractor shall be made upon a form to be supplied by the Elevator 11
11541154 Safety Board upon request and shall be accompanied by a statement of the 12
11551155 applicant's experience together with an examination fee not to exceed one 13
11561156 hundred fifty dollars ($150). 14
11571157 (2) The examination shall be given not more than six (6) months 15
11581158 from the date when the applicant makes the application. 16
11591159 (3)(A) If the applicant is qualified and successfully passes the 17
11601160 applicable examination specified in this section, then upon payment of a 18
11611161 license fee, he or she shall be entitled to : a one-year license as an 19
11621162 elevator inspector, elevator mechanic, elevator testing contractor, or 20
11631163 elevator contractor. 21
11641164 (i) A one-year license as an elevator inspector or 22
11651165 elevator contractor; or 23
11661166 (ii) A two-year license as an elevator mechanic. 24
11671167 (B) The license fee and the license renewal fee shall be 25
11681168 established by the board, but in no event shall either fee exceed one 26
11691169 thousand dollars ($1,000). 27
11701170 (4)(A) There shall be no limit to the number of times an 28
11711171 applicant may seek a license as provided in this section, except that a 29
11721172 rejected applicant may not make application within six (6) months from the 30
11731173 date on which he or she is notified that he or she has failed to qualify. 31
11741174 (B) A license fee shall be paid for the initial 32
11751175 examination and each subsequent examination. 33
11761176 (b) The board may license a person as an elevator inspector, elevator 34
11771177 mechanic, elevator testing contractor, or elevator contractor without 35
11781178 examination if he or she holds an equivalent license for a state or city that 36 SB627
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11811181 has a standard of examination substantially equal to that provided for in § 1
11821182 20-24-108. 2
11831183 (c) The board shall renew a license after receiving: 3
11841184 (1) Payment of the license renewal fee; and 4
11851185 (2) Submission of proof that the licensee has satisfied the 5
11861186 continuing education requirements established by rule of the board. 6
11871187 (d)(1) Whenever an emergency exists and the board determines that 7
11881188 there are not enough licensed elevator mechanics to perform the work 8
11891189 necessary to provide for the safety of life, limb, and property and to 9
11901190 protect the public welfare, the board may waive the requirements of this 10
11911191 chapter and issue an emergency elevator mechanic license that may be valid 11
11921192 for no longer than thirty (30) days. 12
11931193 (2) Whenever the board determines that there are not enough 13
11941194 licensed elevator mechanics available to perform work necessary for the 14
11951195 completion of a project for which the Division of Occupational and 15
11961196 Professional Licensing Boards and Commissions Department of Labor and 16
11971197 Licensing has issued a permit under § 20-24-115(d), the board may waive the 17
11981198 requirements of this chapter and issue a temporary elevator mechanic license 18
11991199 that may be valid for no longer than thirty (30) days. 19
12001200 (3) The board may renew an emergency or temporary license if the 20
12011201 circumstances justifying its original issuance continue. 21
12021202 22
12031203 SECTION 50. Arkansas Code § 20 -24-110(c), concerning prohibited 23
12041204 activities of elevator inspectors, is amended to read as follows: 24
12051205 (c) No elevator inspector shall recommend or refer one (1) of his or 25
12061206 her clients or customers to a specific business, firm, or corporation which 26
12071207 manufactures, installs, repairs, alters, tests, or services elevators, 27
12081208 escalators, or dumbwaiters. 28
12091209 29
12101210 SECTION 51. DO NOT CODIFY. HVACR Class C license transfer. 30
12111211 As of September 1, 2025, all active and current Class C license holders 31
12121212 will be Class B license holders and may perform all HVACR work previously 32
12131213 permitted with a Class C license and that of a Class B license. 33
12141214 34
12151215 35
12161216 36