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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, unless the context otherwise requires: 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 or 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 roofing 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 UNOFFICIAL COPY 25 RS BR 1067
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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 administer and enforce Sections 1 to 9 of this Act and shall 4
evaluate the qualifications of applicants for licensure. 5
(2) The department may: 6
(a) Refuse to issue or renew a roofing contractor's license; 7
(b) Suspend or revoke a roofing contractor's license; 8
(c) Impose supervisory or probationary conditions upon a licensee; 9
(d) Impose administrative disciplinary fines; 10
(e) Issue written reprimands or admonishments; and 11
(f) Take any combination of the actions permitted in this subsection. 12
(3) The department may seek injunctive relief in the Franklin Circuit Court or the 13
Circuit Court of the county in which the violation occurred or the business of the 14
accused is located to stop any unlawful practice prohibited by Sections 1 to 9 of 15
this Act and administrative regulations promulgated thereunder. The department 16
may also seek injunctive relief if unlicensed persons inappropriately use the title 17
"roofing contractor." 18
(4) The department may enter into reciprocal agreements with other states having 19
licensure, certification, or registration qualifications and requirements of a 20
similar scope of practice to those of this state. 21
SECTION 4. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 22
READ AS FOLLOWS: 23
(1) The department shall promulgate administrative regulations in accordance with 24
KRS Chapter 13A necessary to carry out Sections 1 to 9 of this Act, including: 25
(a) Issuing and renewing roofing contractor's licenses to applicants who meet 26
the requirements of Section 5 of this Act; 27 UNOFFICIAL COPY 25 RS BR 1067
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(b) Denying, suspending, or revoking a roofing contractor's license; 1
(c) Maintaining a current register of license holders as a matter of public 2
record; 3
(d) Establishing procedures for receiving, investigating, and resolving 4
complaints against license holders; 5
(e) Conducting administrative hearings in accordance with KRS Chapter 13B 6
for disciplinary actions taken under paragraph (b) of this subsection and 7
Section 3 of this Act; and 8
(f) 1. Assessing fees for the issuance and renewal of licenses to cover 9
administrative and operating expenses of the department; and 10
2. Authorizing all disbursements necessary to administer Sections 1 to 9 11
of this Act. 12
(2) The department shall establish through administrative regulation the required fee 13
amounts to be paid by licensees and applicants for licensure under Sections 1 to 9 14
of this Act, including but not limited to: 15
(a) For an application for initial licensure as a roofing contractor, a 16
nonrefundable fee not to exceed two hundred dollars ($200); 17
(b) The renewal fee for a roofing contractor, a fee not to exceed two hundred 18
dollars ($200); 19
(c) For a duplicate or replacement license, a fee not to exceed twenty-five 20
dollars ($25); 21
(d) For failure to renew a license for a roofing contractor, a reinstatement fee 22
not to exceed one hundred dollars ($100); and 23
(e) Other reasonable fees for administrative services. 24
SECTION 5. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 25
READ AS FOLLOWS: 26
An applicant for a roofing contractor's license shall: 27 UNOFFICIAL COPY 25 RS BR 1067
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(1) Be at least eighteen (18) years of age; 1
(2) Be a citizen of the United States or a resident alien who is authorized to work in 2
the United States; 3
(3) Have paid to the department the application fee and the appropriate examination 4
fee, which shall not exceed the actual cost of examination; 5
(4) Have achieved a passing score, as set by the department, on all portions of the 6
examination required by the department; 7
(5) Have met the training and experience requirements established in administrative 8
regulations promulgated by the department; and 9
(6) Have submitted proof that he or she has complied with workers' compensation 10
and unemployment insurance laws and administrative regulations and has 11
obtained a general liability insurance policy of not less than five hundred 12
thousand dollars ($500,000). 13
SECTION 6. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 14
READ AS FOLLOWS: 15
(1) The department shall select and approve an examination to be used in 16
determining the competency of persons to be licensed under Sections 1 to 9 of this 17
Act. Examinations selected and approved for licensing shall be nationally 18
recognized examinations that have been determined through proper validation 19
techniques to measure successfully an individual's competency to perform the 20
licensed practice. 21
(2) The department shall offer the examinations on a regularly scheduled basis in 22
localities around the state. 23
(3) The department may contract with an outside entity or testing service for the 24
administration of examinations required for licensure. 25
SECTION 7. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 25 RS BR 1067
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(1) The roofing contractors fund is hereby created as a trust and agency account to 1
be administered by the department. All moneys collected by the department under 2
Sections 1 to 9 of this Act shall be deposited into the fund. 3
(2) Moneys deposited into the roofing contractors fund shall be used for the 4
department's expenses related to the regulation and enforcement of Sections 1 to 5
9 of this Act. 6
(3) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 7
year shall not lapse but shall be carried forward into the next fiscal year. 8
SECTION 8. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 9
READ AS FOLLOWS: 10
(1) The department may, following a hearing pursuant to KRS Chapter 13B, impose 11
sanctions specified in Section 3 of this Act upon proof that the licensee has: 12
(a) Misrepresented or concealed a material fact in obtaining a license, or in the 13
reinstatement thereof; 14
(b) Been incompetent or negligent in the practice of performing roofing work; 15
(c) Failed to comply with an order issued by the department or an assurance of 16
voluntary compliance; or 17
(d) Violated any provision of Sections 1 to 9 of this Act or administrative 18
regulations promulgated thereunder. 19
(2) One (1) year from the date of a revocation, any former licensee whose license has 20
been revoked may petition the department for reinstatement. The department 21
shall investigate the petition and may reinstate the license upon a finding that the 22
applicant has complied with any terms prescribed by the department and is again 23
able to competently engage in the practice of performing roofing work. 24
(3) At any time during the investigative or hearing processes, the department may 25
enter into an agreed order or accept an assurance of voluntary compliance with 26
the license holder which effectively deals with the complaint. 27 UNOFFICIAL COPY 25 RS BR 1067
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(4) The department may reconsider, modify, or reverse its probations, suspensions, or 1
other disciplinary actions. 2
SECTION 9. A NEW SECTION OF KRS CHAPTER 198B IS CREATED TO 3
READ AS FOLLOWS: 4
Any person who violates or aids in the violation of any provision of Sections 1 to 9 of 5
this Act shall be guilty of a misdemeanor and upon conviction shall be fined not less 6
than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or 7
sentenced to jail for not less than ten (10) nor more than one hundred eighty (180) 8
days, or both. 9
Section 10. KRS 367.620 is amended to read as follows: 10
As used in KRS 367.620 to 367.628: 11
(1) "Residential real estate" means a new or existing building constructed for habitation 12
by one (1) to four (4) families, including detached garages; 13
(2) "Roof system" means the components of a roof to include but not be limited to 14
covering, framing, insulation, sheathing, ventilation, and weatherproofing; and 15
(3) "Roofing contractor" has the same meaning as in Section 1 of this Act[means a 16
person or entity in the business of contracting or offering to contract with an owner 17
of residential real estate to repair or replace a roof system]. 18