65-34,110. Same; licensure of tank installers and contractors; duties of secretary; examinations; inspections; unlawful acts, penalties; qualifications for licensure; reciprocal agreements; validity o
65-34,110
65-34,110. Same; licensure of tank installers and contractors; dutiesof secretary; examinations; inspections; unlawful acts, penalties;qualifications for licensure; reciprocal agreements; validity of license.(a) It shall be unlawful for any person to practice, or holdoneself out as authorized to practice, as an underground storage tankinstaller or underground storage tank contractor or use other words orletters to indicate such person is a licensed installer or contractor unlessthe person is licensed in accordance with this section.
(b) The secretary shall:
(1) Develop and administer a written examination to candidates forlicensing under the terms of this section. Questions used in theexamination shall be derived from standard instructions and recommendedpractices published by such authorities as the Petroleum EquipmentInstitute, American Petroleum Institute, Steel Tank Institute, NationalAssociation of Corrosion Engineers, Fiberglass Tank and Pipe ManufacturersInstitute, National Fire Protection Association, Western Fire ChiefsAssociation and Underwriters Laboratories. Additional questions shall bederived from state and federal regulations applicable to storage tanks.The secretary shall make available sample questions and related material toqualified candidates to be used as a study guide in preparation for the examination.
(2) Conduct at least one on-site inspection annually, observingprocedures used by each licensed underground storage tank contractor forinstalling, repairing or removing an underground storage tank.
(c) Any person who willfully violates any provision of subsection (a)shall be guilty of a class C misdemeanor and, uponconviction thereof, shall be punished as provided by law.
(d) Prior to 12 months after the effective date of this act, thedepartment shall conduct written examinations, at such times and locationswithin the state as the department may designate, for the purpose ofidentifying installers as being qualified to receive an underground tankinstaller's license. Each underground tank installer's license shall beissued for a period of two years and shall be subject to periodic renewal thereafter underprocedures prescribed by the department.
(e) Beginning 18 months after the effective date of this act, nocontractor shall engage in the installation, repair or removal of anunderground storage tank unless such contractor has been issued acontractor license. Each contractor license shall be issued for a periodof two years and shall be subject to periodic renewal thereafter underprocedures prescribed by the department.
(f) A contractor must meet the following requirements to qualify for acontractor license:
(1) At least one active officer or executive of the business mustpossess a valid underground storage tank installer's license.
(2) Any person who manufactures an underground fuel storage tank for use inKansas, or piping for such tank, or who installs or repairs such tanks orpiping, shall maintain evidence of financial responsibility in an amount equalto or greater than $1,000,000 per occurrence and $2,000,000 annual aggregatefor the costs of corrective action directly related to releases caused byimproper manufacture, installation or repair of such tank or piping.
(3) The requirement in paragraph (2) shall not apply to theinstallation or repair of a fuel tank or piping performed by the owner oroperator of such fuel tank or piping.
(4) Evidence of financial responsibility shall be presented with anapplication for a contractor license and subsequent renewals of contractorlicense to the department.
(5) The contractor must state in its license applicationand agree thatat all times on any and all jobs involving the installation, repair orremoval of an underground storage tank, an individual who possesses a validunderground storage tank installer's license will be present at the jobsite not less than 75%of the time during the progress of the work, and that such installer shallexercise responsible supervisory control over the work.
(6) The secretary may promulgate rules and regulations to implement theprovisions of this subsection.
(g) The secretary may elect to establish reciprocal arrangements withstates having similar licensing requirements and to provide for thelicensing in this state of persons who have successfully completedexaminations and otherwise qualified for licensure in another state.
(h) A valid interim contractor license or an unexpired contractorlicense shall be valid in all counties and municipalities throughout thestate, and the issuance of either license to a contractor shall serve asauthority for the contractor to engage in the installation, repair andremoval of underground storage tanks in any jurisdiction within the statewithout requirement for obtaining additional county or local licenses.However, local jurisdictions may impose more stringent requirements forinstallation, repair or removal of such tanks than are imposed by stateregulations, in which case a contractor shall be required to conduct itsoperations in the local jurisdiction in conformity with the local requirements.
History: L. 1989, ch. 186, § 11;L. 2007, ch. 34, § 2; July 1.