KRS § 234.175 — KY Code / Title XIX / Chapter 234 / Section 234.175
234.175 Certification of equipment installation -- Compliance with administrative regulations and manufacturer's instructions -- Immunity from liability -- Exception
Status: in_force

234.175 Certification of equipment installation -- Compliance with administrative

regulations and manufacturer's instructions -- Immunity from liability --

Exception.

(1) Domestic and commercial gas-consuming equipment and appliances shall not be

installed unless their correctness as to design, construction, and performance is

certified by:

(a) A nationally recognized testing agency adequately equipped and competent to

perform such services evidenced by the attachment of its seal or label to such

gas appliances. This agency shall be one which maintains a program of

national inspection of production models of gas appliances, at least once each

year on the manufacturer's premises;

(b) By the American Gas Association Laboratories, as evidenced by the

attachment of its listing symbol or approval seal to gas appliances and a

certificate or letter certifying approval under the above-mentioned

requirements, or listing by Underwriters' Laboratories, Inc., shall be

considered as constituting compliance with the provisions of this section,

providing, that the manufacturer has approval and certification of same from

the Department of Housing, Buildings and Construction.

(2) Equipment not subject to A.G.A. or laboratory inspection must have approval of the

Department of Housing, Buildings and Construction.

(3) A person shall not install gas-consuming appliances, equipment, or other

components of a gas delivery system unless the installation is made in accordance

with the instructions of the manufacturer of the appliance, equipment, or component

and in compliance with the applicable administrative regulations promulgated by

the Department of Housing, Buildings and Construction.

(4) A person shall not alter, modify, maintain, or repair gas-consuming appliances,

equipment, or other components of a gas delivery system unless the alteration,

modification, maintenance, or repair is made in accordance with the instructions of

the manufacturer of the appliance, equipment, or component and in compliance

with the applicable administrative regulations promulgated by the Department of

Housing, Buildings and Construction.

(5) A person licensed under this chapter or an agent or employee of the person shall not

be liable for civil damages for injury to persons or property that result from the

installation, alteration, modification, maintenance, or repair of a gas-consuming

appliance, equipment, or component by a person other than the licensee or the

licensee's agent or employee.

(6) (a) Except as provided in paragraph (b) of this subsection, a person licensed

under this chapter or the licensee's agent or employee who provides gas to an

end user shall not be liable for civil damages for injury to persons or property

that result from the installation, alteration, modification, maintenance, or

repair of the gas-consuming appliance, equipment, or component if the

installation, alteration, modification, maintenance, or repair is done without

the actual knowledge and consent of the licensee or the licensee's agent or

employee.

(b) A person licensed under this chapter or his or her agent or employee shall not

be exempt from liability for civil damages under paragraph (a) of this

subsection if the person or his or her agent or employee is negligent or acts

intentionally, and the negligence or intentional act causes or partially causes

injury or damage.