Arkansas HVAC & Mechanical Licensing Law

Arkansas Code · 21 sections

The following is the full text of Arkansas’s hvac & mechanical licensing law statutes as published in the Arkansas Code. For the official version, see the Arkansas Legislature.

Ark. Code Ann. § 17-28-101

As used in this chapter, unless the context otherwise requires: (1) "Air conditioning electrician" means an individual who is limited to a license classification possessing the necessary qualifications, training, and technical knowledge for the installation, maintenance, and extension of electrical conductors and equipment solely for the purpose of supplying heating and air conditioning and refrigeration units; (2) (A) "Dwelling" means a building or other structure designed and constructed for residential purposes. (B) "Dwelling" includes a building or other structure that houses a home office or other business activity if the business activity does not require commercial-grade electric conductors or equipment. (C) "Dwelling" does not include a mixed-use building or other structure that requires commercial-grade electric conductors or equipment for any part of the building or other structure; (3) "Electrical apprentice" means a person whose principal occupation is the learning of and assisting in the installation of electrical work under the direct supervision of a licensed journeyman electrician or master electrician; (4) "Electrical contractor" means a person, member, or employee of a firm, partnership, or corporation engaged in the business of installing, erecting, repairing, or contracting to install, erect, or repair electrical wires or conductors to be used for the transmission of electrical light, heat, power, or signaling purposes, or to install or repair moulding, ducts, raceways, or conduits, for the reception or protection of such wires or conduits, or any electrical machinery, apparatus, or systems to be used for electrical light, heat, power, or signaling purposes; (5) "Electrical work" means: (A) Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations; (B) Installations of conductors that connect to the supply of electricity; and (C) Installations of other outside conductors on the premises; (6) "Industrial maintenance electrician" means an individual who possesses the necessary qualifications, training, and technical knowledge to maintain and extend electrical conductors and equipment for electrical power and control systems on or within industrial, manufacturing, or similar type facilities. He or she shall be capable of doing such work in accordance with standard rules governing that work; (7) "Journeyman electrician" means an individual who possesses the necessary qualifications, training, and technical knowledge to install, maintain, and extend electrical conductors and equipment. He or she shall be capable of doing such work in accordance with plans and specifications furnished him or her in accordance with standard rules governing the work; (8) "Master electrician" means an individual who possesses the necessary qualifications, training, and technical knowledge to plan, layout, and supervise the installation, maintenance, and extension of electrical conductors and equipment; (9) "Primary residence" means an unattached single-family dwelling used as the person's primary place of residence; (10) "Residential journeyman electrician" means the classification by which the licenses and electrical work of journeyman electricians may be limited to the installation, alteration, repair, maintenance, or renovation of electrical facilities for: (A) Single family dwellings; (B) Duplexes or two-family dwellings; (C) Triplexes or three-family dwellings; and (D) Quadraplexes or four-family dwellings; (11) "Residential master electrician" means the classification by which the licenses and electrical work of master electricians may be limited to planning and supervising the installation, maintenance, and extension of electrical facilities for: (A) Single family dwellings; (B) Duplexes or two-family dwellings; (C) Triplexes or three-family dwellings; and (D) Quadraplexes or four-family dwellings; and (12) "Specialist sign electrician" means an individual who is limited to a license classification possessing the necessary qualifications, training, and technical knowledge for: (A) Installing, maintaining, and repairing electrically illuminated or electrically operated signs and gaseous tubing for illumination; (B) Making all connections to an approved outlet of sufficient capacity within twenty-five feet (25') of the sign to be connected; and (C) (i) (a) Maintaining and repairing parking lot lights, upon successfully passing a separate examination approved by the Board of Electrical Examiners of the State of Arkansas. (b) A specialist sign electrician may obtain a parking lot light endorsement upon passing a separate examination approved by the board. (ii) However, maintenance and repair under subdivision (12)(C)(i) of this section shall be limited to work from the ground up to a lighting fixture that is being maintained or repaired and shall not include work underground or work to an electrical panel inside or outside of a building. Amended by Act 2023, No. 318,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 318,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 766,§ 2, eff. 8/1/2017. Acts 1979, No. 870, § 1; 1983, No. 866, § 1; A.S.A. 1947, § 71-5301; Acts 1997, No. 1289, § 1; 2009, No. 1188, § 1.

Ark. Code Ann. § 17-28-102

(a) The provisions of this chapter shall not apply to: (1) The construction, installation, maintenance, repair, or renovation by any public utility, as that term is defined by § 23-1-101(9)(A) , by any rural electric association or cooperative, or by any municipally owned utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards or to any other such activity when performed by any duly authorized employee, agent, contractor, or subcontractor of any such public utility, association, cooperative, or municipally owned utility; (2) The construction, installation, maintenance, repair, or renovation by any industry, as that term is defined in subsection (f) of this section, of any electric conductors or equipment or facilities incidental to their business and covered under other nationally recognized safety standards or to any other such activity when performed by any duly authorized employee of any such industry; (3) The construction, installation, maintenance, repair, or renovation of telephone equipment, computer systems, or satellite systems by a person, firm, or corporation engaged in the telecommunications or information systems industry when such activities involve low-voltage work exclusively for communication of data, voice, or other signaling purposes, including fire alarm systems, security systems, and environmental control systems that are not an integral part of a telecommunications system; (4) The construction, installation, maintenance, repair, or renovation of any nonresidential farm building or structure; (5) The construction and manufacture of manufactured homes covered by the Manufactured Home Construction and Safety Standards Act, 42 U.S.C. § 5401 et seq.; and (6) Any industry, as that term is defined in subsection (f) of this section, or group of industries under common ownership or control, with assets in this state of one billion dollars ($1,000,000,000) or more, provided that the exemption provided in this subdivision (a)(6) shall only apply to projects commenced between July 1, 2001, and December 31, 2003. (b) Nothing in this chapter shall be construed to require an individual to hold a license before doing electrical work on his or her primary residence except as otherwise required by state law, rules, regulations, or local ordinances. The exemption from compliance with the licensing standards shall not be referred to in any way and shall not be any evidence of the lack of negligence or the exercise of due care by a party at a trial of any civil action to recover damages by any party. (c) (1) Any holder of a state-issued heating, ventilation, air conditioning, and refrigeration, or HVACR, license may run line voltage power wiring in compliance with the state electric code from a disconnect box to an outdoor HVACR unit within a distance not to exceed ten feet (10') from any point of the HVACR equipment without obtaining an electrician's license as required by this chapter. (2) Any person licensed by the Commission on Water Well Construction pursuant to the provisions of the Arkansas Water Well Construction Act, § 17-50-101 et seq., and subject to that commission's rules and to the National Electrical Code may run power and control wiring from an existing disconnect box to water well equipment without obtaining an electrician's license as required by this chapter. Nothing in this subdivision (c)(2) shall be construed to allow a licensed water well installer or contractor to alter the existing electrical service to any building or structure. (d) Nothing in this chapter shall be construed as repealing, modifying, or affecting in any way the provisions of § 17-25-101 et seq. (e) Nothing in this chapter shall be construed to require an employee of a hospital to hold a license in order to perform minor repairs or make minor alterations to existing electrical facilities during the normal performance of his or her duties with a hospital licensed by the Department of Health. (f) For the purposes of this chapter, the term "industry" means manufacturing, processing and refining facilities, warehouses, distribution facilities, repair and maintenance facilities, agricultural facilities, and corporate and management offices located on industrial sites. Amended by Act 2019, No. 315,§ 1392, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1391, eff. 7/24/2019. Acts 1979, No. 870, § 13; A.S.A. 1947, § 71-5312n; Acts 1997, No. 1289, § 2; 1999, No. 493, § 1; 1999, No. 894, § 1; 2001, No. 1776, § 1.

Ark. Code Ann. § 17-28-203

(a) The Board of Electrical Examiners of the State of Arkansas is authorized to conduct examinations of persons applying for a license as a master electrician, journeyman electrician, industrial maintenance electrician, residential master electrician, air conditioning electrician, specialist sign electrician, or residential journeyman electrician. These persons shall pay fees established by the board, but in no event shall such examination fees exceed the following: (1) Master electrician ............... $100.00 (2) Journeyman electrician ............... 100.00 (3) Industrial maintenance electrician ............... 50.00 (4) Residential master electrician ............... 100.00 (5) Residential journeyman electrician ............... 100.00 (6) Air conditioning electrician ............... 100.00 (7) Specialist sign electrician ............... 100.00 (b) Any applicant who shall fail to pass the examination shall be permitted to take the next scheduled examination upon payment of the required fees. Acts 1979, No. 870, § 4; 1983, No. 866, § 3; A.S.A. 1947, § 71-5304; Acts 1993, No. 831, § 1; 1997, No. 1289, § 5; 2009, No. 1188, § 2.

Ark. Code Ann. § 17-28-301

(a) Individuals passing the master, journeyman, residential master, residential journeyman, air conditioning electrician, specialist sign electrician, or industrial maintenance electrician's examination as specified in § 17-28-203 shall be issued a license of the same class as that of the examination upon payment of the following fees: (1) Master electrician ............... $50.00 (2) Journeyman electrician ............... 25.00 (3) Industrial maintenance electrician ............... 25.00 (4) Residential master electrician ............... 50.00 (5) Residential journeyman electrician ............... 25.00 (6) Air conditioning electrician ............... 25.00 (7) Specialist sign electrician ............... 25.00. (b) (1) Licenses shall expire on the date indicated on the licenses. (2) The license may be renewed for a period of one (1), two (2), or three (3) years with the fee to be as follows: (A) Master electrician ............... $50.00 per year (B) Journeyman electrician ............... 25.00 per year (C) Industrial maintenance electrician ............... 25.00 per year (D) Residential master electrician ............... 50.00 per year (E) Residential journeyman electrician ............... 25.00 per year (F) Air conditioning electrician ............... 25.00 per year (G) Specialist sign electrician ............... 25.00 per year. (3) A licensee may renew his or her license within thirty-six (36) months following the expiration date on the license by paying: (A) The renewal fee under subdivision (b)(2) of this section; (B) A late fee equal to one (1) year of the renewal fee plus ten dollars ($10.00) for each calendar month between the expiration date indicated on the license and the date of application for renewal; and (C) Any outstanding monetary civil penalty. (4) If a licensee shall fail to renew his or her license within thirty-six (36) months after the expiration date on the license, the licensee may reinstate his or her license by paying: (A) The fees and any applicable penalty under subdivision (b)(3) of this section; and (B) An additional penalty of one thousand dollars ($1,000). (5) (A) The Board of Electrical Examiners of the State of Arkansas may, after hearing, deny renewal or reinstatement of a license for cause. (B) The applicant for renewal or reinstatement of a license may obtain a temporary license to expire on the date of his or her hearing before the board. (6) If a person simultaneously holds an electrical inspector license and a license as a master electrician or a journeyman electrician, the person, when renewing his or her master electrician or journeyman electrician license, shall be exempt from the: (A) Renewal fee under this section; and (B) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 . (c) The registration fee for an electrical apprentice shall be ten dollars ($10.00) annually. Apprentice registration certificates shall expire on the last day of the month, one (1) year following the date of original registration. (d) (1) The board may issue a temporary license as a master electrician or journeyman electrician that is valid for no more than six (6) months and renewable one (1) time only for industry projects as defined in this chapter, upon submission by the applicant of the following: (A) A temporary license fee in the amount established by subsection (a) of this section; (B) A completed application on a form furnished and approved by the board; and (C) Evidence that the applicant: (i) Holds a current license of the same classification issued by another state; or (ii) Meets the experience qualifications required under rules promulgated by the board for a temporary master electrician or a temporary journeyman electrician. (2) The Director of the Division of Occupational and Professional Licensing Boards and Commissions may renew a temporary license as a master electrician or journeyman electrician issued by the board for more than one (1) additional period of six (6) months, if: (A) The renewal is for work to be performed on a specific industry project as defined in this chapter; (B) The director determines that the additional renewal is necessary because: (i) Actual construction will exceed one (1) year; and (ii) An insufficient number of licensed electricians is available to perform the necessary work; (C) The temporary license is restricted to the industry project for which it is issued; and (D) A temporary license fee in the amount established in subsection (a) of this section is paid. (3) (A) The board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shutdowns of not longer than six (6) weeks on industry projects as defined in this chapter. (B) An applicant for a new or renewed temporary license under subdivision (d)(3)(A) of this section shall submit the same items as are required in subdivision (d)(1) of this section. (e) A specialist sign electrician under § 17-28-101 shall qualify for an endorsement on his or her license authorizing the licensee to maintain and repair parking lot lights upon successfully passing a separate examination as approved by the board. Amended by Act 2019, No. 910,§ 5422, eff. 7/1/2019. Amended by Act 2017, No. 766,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 476,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 476,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 381,§ 1, eff. 3/6/2017. Amended by Act 2013, No. 756,§ 2, eff. 8/16/2013. Acts 1979, No. 870, §§ 5, 6; 1983, No. 866, § 4; 1985, No. 355, § 1; A.S.A. 1947, §§ 71-5305, 71-5306; Acts 1993, No. 831, § 2; 1997, No. 1289, § 7; 1999, No. 894, § 2; 2007, No. 495, §§ 1, 2; 2009, No. 312, § 1; 2009, No. 1188, § 3.

Ark. Code Ann. § 17-33-101

As used in this chapter: (1) [Repealed.] (2) "BTUH" means British Thermal Unit per hour of heat; (3) [Repealed.] (4) [Repealed.] (5) "Heating and air conditioning" means the process of treating air to control temperature, humidity, cleanliness, ventilation, or circulation to meet human comfort requirements; (6) "Heating, ventilation, air conditioning, and refrigeration" or "HVACR" means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems; (7) "Horsepower" means the equivalent to seven hundred forty-six (746) watts; (8) "HVACR gas fitting work" means gas fitting work for the purpose of supplying an HVACR system and shall be limited to installing six feet (6') or less final of gas piping connection to a heating unit from an existing, accessible manual safety shutoff gas cock, installing flue gas vents and combustion air for the HVACR system; (9) "HVACR Licensing Fund" means a fund established under this chapter to be used exclusively to fund all activities covered under this chapter; (10) "HVACR maintenance work" means repair, modification, service, and all other work required for the normal continued performance of an HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by persons licensed under § 20-23-101 et seq.; (11) "Licensee" means the holder of a license issued pursuant to this chapter; (12) "One ton" means twelve thousand (12,000) BTUH; (13) "Persons" means any individual, firm, partnership, copartnership, corporation, association, cooperative, or any other association or combination thereof; (14) "Public entity" means any agency of the State of Arkansas or any political subdivision of the state; (15) "Refrigeration" means the use of mechanical or absorption equipment to control temperature or humidity, or both, in order to satisfy the intended use of a specific space other than for human comfort; (16) "Registrant" means a person who: (A) Does not hold a Class A, Class B, Class C, Class D, or Class E HVACR license; (B) Can only perform work for an HVACR licensee; and (C) Holds a current HVACR registration; (17) "Repair" means the reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance; (18) "Subcontractor" means a person who performs a portion of the HVACR installation; and (19) "Ventilation" means the process of supplying or removing air by natural or mechanical means to or from any space. Amended by Act 2023, No. 270,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 2, eff. 8/1/2023. Acts 1991, No. 277, § 1; 1999, No. 465, § 1.

Ark. Code Ann. § 17-33-102

Next (a) This chapter shall not apply to: (1) Household appliances; (2) American Gas Association-approved unvented space heaters; (3) Factory assembled air-cooled, self-contained refrigeration equipment of one and one-half horsepower (1.5 h.p.) or less and which have no refrigerant lines extending beyond the cabinet enclosure; (4) Factory assembled air-cooled, self-contained, window-type air conditioning units of thirty-six thousand (36,000) BTUH or less not connected to ducts; (5) Window, attic, ceiling, and wall fans in residences; or (6) Poultry operations whether engaged in hatching, primary processing, or further processing of chicken, turkey, or other fowl. (b) This chapter shall not apply to a person who: (1) Performs HVACR work in an existing building or structure owned and occupied by him or her as his or her home; (2) Performs HVACR work in an existing building or structure owned or occupied by him or her on his or her farm; (3) Performs work for public utilities on construction, maintenance, and development work that is incidental to his or her business; (4) Performs work on motor vehicles; (5) Is an architect or registered engineer who designs HVACR systems for design criteria only; (6) Is an employee of a hospital and performs HVACR work that is incidental to the hospital's operation; (7) Installs or does maintenance work on a gas-fired floor furnace, wall furnace, or unit heater, if the person is licensed pursuant to § 17-38-301 et seq. and the work is performed within the limitations of the person's license; or (8) Is a pipefitter, welder, well driller, sheet metal worker, or plumber working under a Class A, Class B, Class D, or Class E licensee and who is enrolled in or has satisfactorily completed an apprenticeship training program approved by the State of Arkansas in his or her respective trade, and whose work is performed within the limitations of the person's license. (c) The provisions of this chapter shall not apply to a person or public entity serving or repairing its own HVACR system by its own personnel specifically trained for such service or repair. (d) Any person exempt under this section is required to conform to rules on the performance of HVACR work as well as obtaining local permits and inspections as may be required by local ordinance. Amended by Act 2019, No. 315,§ 1413, eff. 7/24/2019. Acts 1991, No. 277, § 6; 1997, No. 344, § 1; 1999, No. 465, § 2; 2003, No. 748, § 1. Previous Next

Ark. Code Ann. § 17-33-103

Next (a) Any individual licensed or registered to perform HVACR work may perform HVACR gas fitting work without obtaining any other license to perform the work. HVACR gas fitting work shall be performed in accordance with the appropriate standards for gas fitting work. (b) Any individual licensed or registered to perform HVACR work may perform electrical connections to heating and air conditioning units without obtaining any other license to perform the work, so long as the connection is made to a disconnecting means suitable in capacity for the equipment to be served and is provided by others within ten feet (10') of the unit. (c) Nothing in this chapter shall be construed as allowing an HVACR licensee to perform electrical work without complying with any applicable local code, city code, state code, or national code pertaining to electrical work. Acts 1991, No. 277, §§ 13, 21; 1995, No. 442, § 1. Previous Next

Ark. Code Ann. § 17-33-105

Next (a) (1) (A) (i) Any person who violates any provision of this chapter or violates any rule or order of the HVACR Licensing Board or any permit, license, or certification may be assessed a civil penalty by the board in accordance with the rules issued by the board. (ii) The penalty shall not exceed two hundred fifty dollars ($250) for each violation, and each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (B) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. (2) The amount of any civil penalty levied by the board may be recovered in a civil action brought by the board in a court of competent jurisdiction without paying costs or giving bond for costs. (b) In addition to the civil penalty provided in this section, the board is authorized to petition any court of competent jurisdiction without paying costs or giving bond for costs to: (1) Enjoin or restrain any violation of or compel compliance with the provisions of this chapter and any rules or orders issued thereunder; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this chapter; and (3) Recover all costs, expenses, and damages to the board and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter. (c) If an unlicensed person who is required to be licensed performs HVACR work in violation of this subchapter, that person shall not be entitled to a mechanic's and materialman's lien, a laborer's lien, a repairmen's lien, or any other artisan's lien for work done in violation of this subchapter. Amended by Act 2019, No. 315,§ 1415, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1414, eff. 7/24/2019. Acts 1991, No. 277, § 18; 1999, No. 465, § 3; 2001, No. 1563, § 1. Previous Next

Ark. Code Ann. § 17-33-106

Persons licensed by the Liquefied Petroleum Gas Board pursuant to the Liquefied Petroleum Gas Board Act, § 15-75-101 et seq., are exempt from the provisions of this chapter pertaining to heating, ventilation, air conditioning, and refrigeration when: (1) Engaged in the installation, repair, or replacement of a liquefied petroleum gas appliance so long as the appliance is not connected to a refrigeration system, except that such persons may also engage in the replacement or repair of a liquefied petroleum gas central heating unit when it is combined with an air conditioning unit; and (2) Engaged in the installation of a venting system required for a vented-type liquefied petroleum gas appliance. Acts 1993, No. 112, § 1. Previous

Ark. Code Ann. § 17-33-201

(a) There is hereby created the HVACR Licensing Board to be composed of nine (9) members appointed by the Governor and confirmed by the Senate. The board shall be composed of the following members who shall be residents of the State of Arkansas: (1) The secretary of the board shall be a representative of the Department of Labor and Licensing; (2) Two (2) members of the board shall be Class A license holders whose business is located in the State of Arkansas; (3) Two (2) members of the board shall be Class B license holders whose business is located in the State of Arkansas; (4) One (1) member of the board shall be a mechanical engineer registered in the State of Arkansas who is directly associated with HVACR design; (5) One (1) member of the board shall be a representative of a city or county HVACR inspection program; (6) One (1) member of the board shall be a consumer with no personal or financial interest in the HVACR industry; and (7) One (1) member of the board shall be a member of the Mechanical Contractors Association of Arkansas, Inc., who holds a current state contractor's license. (b) A member shall serve until he or she is replaced by a successor. (c) No member shall serve more than two (2) successive terms on the board, or until he or she ceases to be qualified as required by this chapter. (d) The secretary of the board, who shall be an employee of the Department of Labor and Licensing, shall serve at the pleasure of the Governor, and all other members shall serve four-year terms. (e) Members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 5432, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5431, eff. 7/1/2019. Acts 1991, No. 277, § 2; 1997, No. 250, § 141. Next

Ark. Code Ann. § 17-33-202

Next The HVACR Licensing Board may: (1) Adopt certain rules to ensure the proper administration and enforcement of this chapter; (2) (A) Except as provided in subdivision (2)(B) of this section, adopt a mechanical code and standards for the conduct of HVACR work. (B) A mechanical code or standard adopted under subdivision (2)(A) of this section shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023; (3) Assist and advise the Department of Labor and Licensing on all matters related to the licensing of HVACR maintenance work; (4) Conduct hearings on all matters related to the licensing and inspection of HVACR work; (5) Establish HVACR code inspection programs; (6) Conduct investigations into the qualifications of applicants for licensure at the request of the department; (7) Review applications for examination for a Class A, Class B, Class C, Class D, Class E, and Class L license; (8) Establish by board rule a minimum level of general liability insurance coverage for a license if the board determines that a specific class of license requires insurance coverage; (9) Establish by board rule a maximum of four (4) hours per year of continuing education if the board determines that a specific class of license requires continuing education; (10) Assist and advise the department in other such matters as requested by the department; and (11) Establish fees for the proper administration of the requirements of this chapter. Amended by Act 2023, No. 443,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 978,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1417, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1416, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5433, eff. 7/1/2019. Acts 1991, No. 277, § 3; 1999, No. 465, § 4; 2003, No. 1712, § 1. Previous Next

Ark. Code Ann. § 17-33-204

Next (a) (1) The HVACR Licensing Board shall adopt a fee schedule by rule and regulation. The fee schedule may include, but is not limited to: (A) Testing fees; (B) License fees; (C) Civil penalty fees; (D) Registration fees; (E) Inspection fees; (F) Fees for code books; (G) Late renewal fees; and (H) Late penalty fees. (2) The board may provide for a reduction in the fees of a person or partnership who holds one (1) or more licenses determined by the board to be HVACR-related and for which the board determines a reduction in fees should be allowed. (b) Until a fee schedule is established by the board, the licensure and registration fees shall be as follows: Class A License ............... $200.00 Class B License ............... 150.00 Class C License ............... 100.00 Class D License ............... 150.00 Class E License ............... 150.00 Class L License ............... No Charge Registration Fee ............... 25.00. (c) The fees established by the board for licensure and registration shall not exceed the amounts provided for in subsection (b) of this section. Acts 1991, No. 277, § 11; 1999, No. 465, § 5. Previous Next

Ark. Code Ann. § 17-33-205

(a) (1) All fees or payments of any type collected by the HVACR Licensing Board under this chapter shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit those fees or payments to the "HVACR Licensing Fund" which is hereby created. (2) (A) All funds deposited into the HVACR Licensing Fund shall be used for the maintenance, operation, and improvement of the HVACR Licensing and Inspection Program of the Department of Labor and Licensing. (B) The Chief Fiscal Officer of the State is hereby authorized, from time to time, to make transfers of moneys from the Budget Stabilization Trust Fund as loans to the HVACR Licensing Fund to be used for maintenance and operation of the program. Provided, that any such moneys loaned from the Budget Stabilization Trust Fund to the HVACR Licensing Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made. (3) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Labor and Licensing is hereby authorized to transfer all unexpended funds relative to the program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. (b) Any moneys received from the sale or trade of motor vehicles and other capital equipment purchased with HVACR licensing funds shall be credited to the HVACR Licensing Fund. Amended by Act 2019, No. 315,§ 1418, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5435, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5434, eff. 7/1/2019. Acts 1991, No. 277, §§ 19, 20. Previous

Ark. Code Ann. § 17-33-301

(a) It is unlawful for any person to engage in HVACR work without the appropriate license or registration provided by this chapter, unless exempted pursuant to this chapter. (b) It is unlawful for any licensee to allow a nonlicensed person to use his or her Arkansas HVACR license number for any purpose. Acts 1991, No. 277, § 5. Next

Ark. Code Ann. § 17-33-302

Next (a) An applicant for an HVACR license must meet the following minimum requirements. The applicant must: (1) Be an individual of at least eighteen (18) years of age; (2) Make application to the Department of Labor and Licensing on forms prescribed by the HVACR Licensing Board; (3) Specify the class of license desired; (4) Meet all requirements specified by rule promulgated by the board; (5) Pay the appropriate examination and license fees required by the board; and (6) Pass the appropriate examinations specified by the board. (b) An applicant who fails an examination is eligible for reexamination. Amended by Act 2023, No. 270,§ 5, eff. 8/1/2023. Acts 1991, No. 277, § 8; 1997, No. 344, § 2. Previous Next

Ark. Code Ann. § 17-33-303

Next (a) Except as otherwise provided in this chapter, every individual who designs, installs, constructs, maintains, services, repairs, alters, or modifies any HVACR system or any portion of an HVACR system in the State of Arkansas shall obtain one (1) of the following classes of licenses and pay the fees prescribed by the HVACR Licensing Board: (1) Class A - Entitles the licensee to perform HVACR work without limitation to BTUH or horsepower capacities; (2) Class B - Entitles the licensee to perform HVACR work on air conditioning systems that develop a total of not more than fifteen (15) tons of cooling capacity per unit or one million (1,000,000) BTUH heating input per unit and refrigeration systems of fifteen horsepower (15 h.p.) or less per unit; (3) Class C - Entitles the licensee who is in the business of servicing and repairing heating, ventilation, air conditioning, or refrigeration equipment for the public to service, repair, or replace components of HVACR equipment and to perform HVACR work on air conditioning systems that develop a total of not more than fifteen (15) tons of cooling capacity per unit or one million (1,000,000) BTUH heating input per unit and refrigeration systems of fifteen horsepower (15 h.p.) or less per unit. A Class C license holder shall not install any original HVACR equipment or replace any existing HVACR equipment; (4) Class D - Entitles the licensee to perform sheet metal work as it relates to ductwork for HVACR systems without regard to or limitation of horsepower of the system to which the duct connects. The licensee in this category is prohibited from the sale, installation, and service of HVACR equipment and systems; (5) Class E - Entitles the licensee to perform refrigeration work as defined in § 17-33-101 without regard to or limitation of horsepower. The licensee in this category is prohibited from the sale, installation, and service of heating and air conditioning equipment used for the treatment of air for human comfort requirements; and (6) Class L - Entitles a licensee to apply for and obtain a restricted lifetime license without having to pay a license fee in any specific category of license as defined in this chapter. The applicant must be at least sixty-five (65) years of age and hold a current license in good standing with the board. The board shall promulgate rules to define the specific requirements of the lifetime license. (b) The board shall promulgate rules necessary to carry out the provisions of this section. (c) (1) An individual may perform HVACR work under a Class A, Class B, Class C, Class D, or Class E HVACR license holder by registering with the Department of Labor and Licensing. (2) The registrant shall pay an annual registration fee as required by the board. (3) All licensees are responsible for ensuring that all HVACR employees hold a current HVACR registration or HVACR license. Amended by Act 2023, No. 270,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1420, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1419, eff. 7/24/2019. Acts 1991, No. 277, § 7; 1999, No. 465, § 6. Previous Next

Ark. Code Ann. § 17-33-304

Next Every individual licensed under this chapter shall display his or her HVACR license number on all his or her business vehicles and in all forms of advertising in a manner prescribed by the rules promulgated by the HVACR Licensing Board. Amended by Act 2019, No. 315,§ 1421, eff. 7/24/2019. Acts 1991, No. 277, § 15. Previous Next

Ark. Code Ann. § 17-33-305

Next All applicants who meet the requirements for licensure or registration shall be issued the appropriate license or registration, except that the HVACR Licensing Board may deny a license if the applicant has: (1) Committed any act which if committed by a licensee or registrant would be grounds for suspension or revocation of the license or registration; (2) Previously been denied a license or registration under this chapter for cause or previously had a license or registration revoked for cause; or (3) Knowingly made any false statement or misrepresentation on the application. Acts 1991, No. 277, § 9. Previous Next

Ark. Code Ann. § 17-33-306

Next All licenses or registrations issued under this chapter shall expire one (1) year after the date of issuance or at a time specified by the HVACR Licensing Board of the Department of Labor and Licensing. To renew a license or registration, the licensee must submit to the Department of Labor and Licensing before the expiration date on a form prescribed by the department the appropriate license or registration fees required by this chapter. Amended by Act 2019, No. 910,§ 5436, eff. 7/1/2019. Acts 1991, No. 277, § 12. Previous Next

Ark. Code Ann. § 17-33-307

Next The HVACR Licensing Board, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant, suspend or revoke any license or registration if it finds that the holder of the license or registrant has: (1) Made a material misstatement in the application for license or registration or renewal thereof; (2) Demonstrated incompetency to act as a license holder or registrant according to rules and standards promulgated by the board; or (3) Violated any provisions of this chapter or any rule or order prescribed by the board. Amended by Act 2019, No. 315,§ 1422, eff. 7/24/2019. Acts 1991, No. 277, § 16. Previous Next

Ark. Code Ann. § 17-33-308

(a) A license may be suspended or revoked pursuant to the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal may be had from the hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Any member of the HVACR Licensing Board or a representative designated by the board shall have the authority to administer oaths for the taking of testimony. (d) One (1) year after the date of the revocation, an application may be made for a new license or registration. Acts 1991, No. 277, § 17; 1997, No. 344, § 3. Previous

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