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Home » US Law » 2022 Alaska Statutes » Title 8. Business and Professions » Chapter 40. Electrical and Mechanical Administrators » Article 2. Licensing and Regulation of Mechancial Administrators.

Sec. 08.40.210. Purpose of AS 08.40.210 – 08.40.490.

The purpose of AS 08.40.210 – 08.40.490 is to protect the safety of people and property in the state from the danger of improperly installed or modified mechanical systems by providing a procedure to assure (1) the public that persons responsible for making mechanical installations in this state are qualified; and (2) that a sufficient […]

Sec. 08.40.230. Categories of licenses.

The department may adopt regulations establishing categories of mechanical administrators, qualifications for those categories, and the content of examinations for applicants for each category.

Sec. 08.40.240. Regulations.

The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the examination and licensing of mechanical administrators and the establishing of the continued competency of licensees for license renewal and reinstatement.

Sec. 08.40.260. License required.

(a) A person may not act as a mechanical administrator without a license unless the person is covered by an exclusion under AS 08.40.390. (b) A person licensed under AS 08.40.210 – 08.40.490 may perform work only in a category for which the person is licensed.

Sec. 08.40.270. Examination of applicant.

(a) Each applicant shall be examined to determine the applicant’s (1) ability to understand plans, design specifications, and engineering terms commonly used in the mechanical field; (2) knowledge of mechanical installations and piping; (3) familiarity with the requirements of the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, […]

Sec. 08.40.280. Administrator limited to one licensed contractor.

A person may not qualify or operate as a mechanical administrator for more than one registered contractor, corporation, joint venture, or other business entity unless the municipality or community where the person qualifies or operates as a mechanical administrator is the principal place of business of fewer than three mechanical administrators.

Sec. 08.40.290. Renewal and reinstatement.

(a) A license issued under AS 08.40.210 – 08.40.490 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency. (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee […]

Sec. 08.40.300. Issuance and possession of license.

An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee […]

Sec. 08.40.310. Fees.

Each applicant and each licensee shall pay application and renewal fees established under AS 08.01.065.

Sec. 08.40.320. Disciplinary actions.

(a) The department may take the disciplinary actions set out in (d) of this section upon a finding that (1) the license application is fraudulent or misleading; (2) the licensee has knowingly violated AS 08.40.210 – 08.40.490, a code listed in AS 08.40.490(3)(A), or an order or regulation of the department; or (3) the licensee […]

Sec. 08.40.330. Investigations.

The department may investigate alleged or apparent violations of AS 08.40.210 – 08.40.490. The department, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that mechanical work is being done. The department may make inquiries about the identity of the mechanical administrator or the person acting in […]

Sec. 08.40.340. Issuance of citations.

The department may issue a citation that complies with AS 12.25.175 – 12.25.230 for a violation if there is probable cause to believe a person has violated AS 08.40.210 – 08.40.490. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.

Sec. 08.40.350. Procedure and form of citation.

(a) A person receiving the citation under AS 08.40.340 is not required to sign a notice to appear in court. (b) The time specified in the notice to appear on a citation issued under AS 08.40.340 must be at least five working days after the issuance of the citation. (c) The department is responsible for […]

Sec. 08.40.360. Cease and desist order.

(a) If the commissioner of commerce, community, and economic development determines that a person is acting as a mechanical administrator in violation of AS 08.40.210 – 08.40.490, the commissioner may issue a cease and desist order prohibiting further action by the person as a mechanical administrator. The cease and desist order remains in effect until […]

Sec. 08.40.370. Injunctive relief.

The commissioner of commerce, community, and economic development may seek an injunction in the superior court to enjoin a person from violating AS 08.40.210 – 08.40.490.

Sec. 08.40.380. Penalties.

(a) A person who knowingly violates AS 08.40.210 – 08.40.490, or who knowingly violates a regulation or order of the department or a code listed in AS 08.40.490(3)(A) that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine […]

Sec. 08.40.390. Exclusions.

(a) AS 08.40.210 – 08.40.490 do not apply to a utility, municipality, or local governing body whose employees are engaged in mechanical work on an integral part of a system owned and operated by the utility, municipality, or local governing body. (b) AS 08.40.210 – 08.40.490 do not apply to a person engaged in (1) […]

Sec. 08.40.400. Personal supervision.

A person licensed under AS 08.40.210 – 08.40.490 as a mechanical administrator who is responsible for installation or modification of mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials, or who is responsible for certifying that the installation or modification complies with applicable codes, shall personally inspect those materials after installation and modification […]

Sec. 08.40.490. Definitions.

In AS 08.40.210 – 08.40.490, (1) “department” means the Department of Commerce, Community, and Economic Development except where the context otherwise requires; (2) “manufacture” means fabrication or completion of a product or mechanical apparatus exclusive of its completion or installation at a job site; (3) “mechanical administrator” means a person who is responsible for (A) […]