Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 259
4
5 By: Senator Bledsoe
6 By: Representative Bryant
7
8 For An Act To Be Entitled
9 AN ACT TO AUTHORIZE THE LICENSURE OF STATE AND LOCAL
10 GOVERNMENT HEATING, VENTILATION, AIR CONDITIONING,
11 AND REFRIGERATION INSPECTORS; TO CORRECT REFERENCES
12 TO THE APPROPRIATE CABINET-LEVEL DEPARTMENT; AND FOR
13 OTHER PURPOSES.
14
15
16 Subtitle
17 TO AUTHORIZE THE LICENSURE OF STATE AND
18 LOCAL GOVERNMENT HEATING, VENTILATION,
19 AIR CONDITIONING, AND REFRIGERATION
20 INSPECTORS; AND TO CORRECT REFERENCES TO
21 THE APPROPRIATE CABINET-LEVEL DEPARTMENT.
22
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. Arkansas Code 17-33-101 is amended to read as follows:
27 17-33-101. Definitions.
28 As used in this chapter:
29 (1) Board means the HVACR Licensing Board;
30 (2)(1) BTUH means British Thermal Unit per hour of heat;
31 (3) Department means the Department of Health;
32 (4) Director means the Director of the Department of Health;
33 (5)(2) Heating and air conditioning means the process of
34 treating air to control temperature, humidity, cleanliness, ventilation, or
35 circulation to meet human comfort requirements;
36 (6)(3) Heating, ventilation, air conditioning, and
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1 refrigeration or HVACR means the design, installation, construction,
2 maintenance, service, repair, alteration, or modification of a product or of
3 equipment in heating and air conditioning, refrigeration, ventilation, or
4 process cooling or heating systems;
5 (7)(4) Horsepower means the equivalent to seven hundred forty-
6 six (746) watts;
7 (8)(5) HVACR gas fitting work means gas fitting work for the
8 purpose of supplying an HVACR system and shall be limited to installing six
9 feet (6') or less final of gas piping connection to a heating unit from an
10 existing, accessible manual safety shutoff gas cock, installing flue gas
11 vents and combustion air for the HVACR system;
12 (9)(6) HVACR Licensing Fund means a fund established under
13 this chapter to be used exclusively to fund all activities covered under this
14 chapter;
15 (10)(7)(A) HVACR maintenance work means repair, modification,
16 service, and all other work required for the normal continued performance of
17 an HVACR system.
18 (B) "HVACR maintenance work" This term does not include
19 the installation or total replacement of a system or the installation of
20 boiler or pressure vessels that must be installed by persons licensed under
21 20-23-101 et seq.;
22 (11)(8) Licensee means the holder of a license issued pursuant
23 to this chapter;
24 (12)(9) One ton means twelve thousand (12,000) BTUH;
25 (13)(10) Persons means any individual, firm, partnership,
26 copartnership, corporation, association, cooperative, or any other
27 association or combination thereof;
28 (14)(11) Public entity means any agency of the State of
29 Arkansas or any political subdivision of the state;
30 (15)(12) Refrigeration means the use of mechanical or
31 absorption equipment to control temperature or humidity, or both, in order to
32 satisfy the intended use of a specific space other than for human comfort;
33 (16)(13) Registrant means a person who:
34 (A) Does not hold a Class A, Class B, Class C, Class D, or
35 Class E HVACR license;
36 (B) Can only perform work for an HVACR licensee; and
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1 (C) Holds a current HVACR registration;
2 (17)(14) Repair means the reconstruction or replacement of any
3 part of an existing HVACR system for the purpose of its maintenance;
4 (18)(15) Subcontractor means a person who performs a portion
5 of the HVACR installation; and
6 (19)(16) Ventilation means the process of supplying or
7 removing air by natural or mechanical means to or from any space.
8
9 SECTION 2. Arkansas Code 17-33-202 is amended to read as follows:
10 17-33-202. Powers and duties.
11 The HVACR Licensing Board may:
12 (1) Adopt certain rules to ensure the proper administration and
13 enforcement of this chapter;
14 (2) Adopt a mechanical code and standards for the conduct of
15 HVACR work;
16 (3) Assist and advise the Department of Labor and Licensing on
17 all matters related to the licensing of HVACR maintenance work;
18 (4) Conduct hearings on all matters related to the licensing and
19 inspection of HVACR work;
20 (5) Establish HVACR code inspection programs, including the
21 licensure of state and local government HVACR inspectors;
22 (6) Conduct investigations into the qualifications of applicants
23 for licensure at the request of the department;
24 (7) Review applications for examination for a Class A, Class B,
25 Class C, Class D, Class E, and Class L, and Class T license;
26 (8) Establish by board rule a minimum level of general liability
27 insurance coverage for a license if the board determines that a specific
28 class of license requires insurance coverage;
29 (9) Assist and advise the department in other such matters as
30 requested by the department; and
31 (10) Establish fees for the proper administration of the
32 requirements of this chapter.
33
34 SECTION 3. Arkansas Code 17-33-204(b), concerning fees for licensure
35 and registration under the HVACR Licensing Board, is amended to read as
36 follows:
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1 (b) Until a fee schedule is established by the board, the licensure
2 and registration fees shall be as follows:
3 Class A License...................................... $200.00
4 Class B License....................................... 150.00
5 Class C License....................................... 100.00
6 Class D License....................................... 150.00
7 Class E License....................................... 150.00
8 Class L License.................................... No Charge
9 Class T License........................................ 25.00
10 Registration Fee....................................... 25.00.
11
12 SECTION 4. Arkansas Code 17-33-302(a)(2), concerning the
13 qualifications for an HVACR license, is amended to read as follows:
14 (2) Make application to the Department of Health Department of
15 Labor and Licensing on forms prescribed by the HVACR Licensing Board;
16
17 SECTION 5. Arkansas Code 17-33-303(c)(1), concerning classes of
18 licenses, is amended to read as follows:
19 (c)(1) An individual may perform HVACR work under a Class A, Class B,
20 Class C, Class D, or Class E HVACR license holder by registering with the
21 Department of Health Department of Labor and Licensing.
22
23 SECTION 6. Arkansas Code 17-33-303, concerning classes of licenses,
24 is amended to add an additional subsection to read as follows:
25 (d) A person employed as a HVACR inspector in this state shall hold a
26 HVACR inspector license issued by the board as a Class T license.
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Statutes affected: SB 259: 17-33-101, 20-23-101, 17-33-202, 17-33-204(b), 17-33-302(a), 17-33-303(c)