815 KAR 35:015. Certification of
electrical inspectors.
RELATES
TO: KRS 198B.060, 198B.090, 211.350, 227.450, 227.480, 227.489, 227.491,
227.492
STATUTORY
AUTHORITY: KRS 227.489
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 227.489 requires the commissioner of the
Department of Housing, Buildings and Construction to certify electrical
inspectors based on standards of the National Electrical Code. This
administrative regulation establishes the procedures for achieving and
maintaining the certification.
Section
1. Definitions. (1) "Applicant" means the person seeking to be
certified as an electrical inspector.
(2)
"Certified electrical inspector" means a person who has:
(a)
Met the requirements established in this administrative regulation; and
(b)
Been issued a certificate by the department.
(3)
"Code" means the National Electrical Code (NEC), which is incorporated
by reference in 815 KAR 7:120 and 815 KAR 7:125.
(4)
"Division" means the Electrical Division within the Department of
Housing, Buildings and Construction.
(5)
"Electrical" is defined by KRS 227.450(3).
(6)
"Electrical industry" means the industry engaged in the generation,
transmission, and distribution of electricity and the design, manufacture,
construction, installation, alteration, or repair of electrical wiring,
facilities, and apparatus for the utilization of electricity.
(7)
"Commissioner"" means the commissioner of the Department of
Housing, Buildings and Construction.
(8)
"Department" means the Department of Housing, Buildings, and
Construction.
(9)
"NCPCCI" means National Certification Program for Construction Code
Inspectors, which administers examinations developed by national code
enforcement organizations in collaboration with the Educational Testing Service
for the purpose of providing nationally recognized evidence of competence in
construction code enforcement.
Section
2. Applicability. This administrative regulation shall apply to an electrical
inspector in Kentucky and to an applicant for certification as an electrical inspector.
Section
3. Categories of Certified Electrical Inspectors. (1) A certified electrical
inspector shall be classified as an:
(a)
Electrical inspector one (1) and two (2) family; or
(b)
Electrical inspector general.
(2)
An electrical inspector one (1) and two (2) family shall be:
(a)
A person who has passed the NCPCCI 2A examination; and
(b)
Qualified to inspect and approve an electrical installation related to a:
1.
One (1) or two (2) family dwelling; or
2.
Manufactured or mobile home.
(3)
An electrical inspector general shall be:
(a)
A person who has passed the NCPCCI 2B examination; and
(b)
Qualified to inspect and approve an electrical installation related to any type
of residential, commercial, industrial, or other property that requires
electrical inspection.
Section
4. Application Requirements for Certification. (1) An applicant for certification
as an electrical inspector shall:
(a)
1. Have at least five (5) years of experience immediately preceding the
application in the installation and design of all types of:
a.
Residential wiring systems installed in accordance with the code, if the
applicant is applying for certification as an electrical inspector one (1) and
two (2) family; or
b.
Residential, commercial, and industrial wiring systems installed in accordance
with the code, if the applicant is applying for certification as an electrical
inspector general;
2.
Be a registered professional electrical engineer engaged in that profession for
at least three (3) years immediately preceding the application; or
3.
Be currently licensed as a master electrician and have been actively engaged in
the electrical trade in that capacity immediately preceding the application;
(b)
Possess:
1.
The ability to read and write the English language; and
2.
A general educational level at least adequate to perform his or her duties;
(c)
Submit a completed Form EL-11, Application for Electrical Inspector
Certification, which shall be:
1.
Notarized; and
2.
Received by the department at least thirty (30) days prior to the next
scheduled Electrical Advisory Committee meeting; and
(d)
Submit with the application:
1.
Proof of successful completion of the NCPCCI examination applicable to the
certification sought, as established by Section 3(2)(a) and (3)(a) of this
administrative regulation;
2.
Except as established by subparagraph 4. of this paragraph, a fee of $100
dollars payable to the Kentucky State Treasurer;
3.
A recent passport-sized, color photograph of the applicant taken within the
past six (6) months; and
4.
The fee established by subparagraph 2. of this paragraph shall not apply to an
electrical inspector employed by the department.
(2)
If an otherwise qualified applicant is not able to demonstrate compliance with
the experience requirements established in subsection (1)(a) of this section,
the applicant may request to appear before the Electrical Advisory Committee to
establish his or her background in and familiarity with electrical construction
through other means. The department with recommendations from the Electrical
Advisory Committee shall:
(a)
Review the documentation; and
(b)
Approve the applicant if it is satisfied that the applicant’s qualifications
are substantially equivalent to the experience requirements established in subsection
(1)(a) of this section.
(3)
An applicant shall receive credit earned for an electrical course
satisfactorily completed from an accredited vocational school or college on a
year-for-year basis. Credit for education to replace an applicant's experience
requirements shall be limited to a total of two (2) years.
Section
5. Renewals of "General" and "One (1) and Two (2) Family"
Certificates. (1) Certification shall:
(a)
Be issued to an individual; and
(b)
Not be issued to a corporation, partnership, company, or other entity.
(2)
Each applicant seeking to renew his or her electrical inspector certification
shall submit to the division:
(a)
A completed Electrical Inspector Certification Renewal Application on Form EL-12;
(b)
The renewal fee required by subsection (5) of this section;
(c)
Proof of compliance with the continuing education requirements established in Section
6(1) of this administrative regulation;
(d)
If the applicant is employed by a local government as an electrical inspector, documented
proof of continued employment signed by the hiring authority responsible for
administering the local jurisdiction’s inspection and code enforcement program;
(e)
For each local jurisdiction with which the applicant is contracted to act as an
electrical inspector, a copy of the current contract naming the applicant and
establishing the terms and conditions of his or her authority; and
(f)
For each local jurisdiction with which the applicant is employed or contracted
to act as an electrical inspector, a copy of the ordinance fixing the schedule
of fees authorized to be charged for electrical inspections within that
jurisdiction.
(3)(a)
An applicant who has previously submitted a document required by subsection (2)(e)
and (f) of this section in connection with a prior renewal shall not be
required to resubmit that document with his or her application for renewal if it
remains current and effective at the time of the current renewal.
(b)
Within ten (10) days of the occurrence, a certified electrical inspector shall provide
the division:
1.
Notice of any establishment, change, or termination of the inspector’s contract
with a local jurisdiction;
2.
A copy of any new or revised contract executed with a local jurisdiction;
3.
Notice of the termination of employment by a local government as an electrical
inspector;
4.
Notice of new employment by a local government as an electrical inspector,
signed by the hiring authority responsible for administering the local
jurisdiction’s inspection and code enforcement program; and
5.
For any local jurisdiction with which the electrical inspector is employed or
contracted, a copy of any ordinance amending the schedule of fees authorized to
be charged for electrical inspections within that jurisdiction.
(4)
Each electrical inspector certification shall expire on the last day of the
inspector's birth month each year. The office shall mail each certified
inspector, prior to the date of expiration, a renewal application form, and the
certification shall be renewed subject to the provisions of this administrative
regulation.
(5)
A renewal fee of fifty (50) dollars shall be paid by each certified electrical
inspector on or before the last day of the inspector's birth month in each
succeeding year to maintain certification.
(6)
Delinquent renewal fee. A certified electrical inspector who fails to submit
the application and fee for renewal on or before the last day of his or her
birth month shall pay a delinquent fee of fifty (50) dollars in addition to the
renewal fee. If both fees are not paid and all required continuing education not
completed within sixty (60) days after the last day of the inspector's birth
month, the certification shall be canceled and shall not be renewed.
(7)
Reinstatement. A certificate that has been revoked or canceled may be
reinstated at the discretion of the commissioner upon petition demonstrating
just cause why the petitioner could not have complied with the renewal
requirements established by this section.
(8)
An applicant for reinstatement shall:
(a)
Pay a reinstatement fee of $100;
(b)
Comply with the requirements established by subsection (2) of this section;
(c)
Pay the delinquent renewal fee required by subsection (6) of this section; and
(d)1.
Submit proof of continuing education required by Section 6(1) of this
administrative regulation for each year the certificate was revoked or
cancelled; or
2.
Submit proof of having passed the NCPCCI examination applicable to the
certification to be reinstated, as established by Section 3(2)(a) and (3)(a) of
this administrative regulation, within the current year.
(9)
The requirements of this section shall not apply to a state-employed electrical
inspector.
Section
6. Duties and Responsibilities of a Certified Electrical Inspector. (1) Each certified
electrical inspector shall attend at least one (1) continuing education program
of a minimum of twelve (12) hours each year. The program shall be approved by
the department with advice from the Electrical Advisory Committee in accordance
with the requirements established by 815 KAR 35:100.
(2)
Each electrical inspection shall be conducted in a manner to verify compliance
with the code, the Kentucky Building Code as adopted and incorporated by
reference in 815 KAR 7:120, the Kentucky Residential Code as adopted and incorporated
by reference in 815 KAR 7:125, and the Kentucky Standards of Safety as adopted
and incorporated by reference in 815 KAR 10:060.
(3)
In addition to the code, the electrical inspector shall be familiar with the
applicable building codes and fire safety codes governing buildings in the area
in which the inspector performs an inspection to determine the occupancy load
of a facility.
(4)
The electrical inspector shall make an inspection upon request of the
electrical contractor.
(5)
The electrical inspector shall comply with the requirements of 815 KAR 35:020.
(6)(a)
A temporary construction service approval shall receive a green sticker and a
certificate of approval.
(b)
For an installation subject to KRS 211.350, the electrical inspector shall not
issue a certificate of approval or otherwise release the property for the
supply of electricity until he or she has received the local health
department’s "Initial Notice of Release" (Notice of Release for
Temporary Electrical Service, Form PHPS-001) and has recorded its number upon
the certificate of approval.
(7)
Except for manufactured homes, the electrical inspector shall make a rough-in
and final inspection on a building's electrical system installation and other
inspections necessary to approve the installation.
(a)
Upon completion of the rough-in inspection, the inspector shall attach a red
sticker with his or her signature and certification number on the main service
equipment or at some other appropriate location.
(b)
A "service only" approval may be issued by the inspector to provide
temporary power for heating and lighting for the building during completion of
construction and shall not authorize occupancy of the facility. The sticker
issued for "service only" approval shall be yellow.
(c)
Upon final approval of an electrical installation, the inspector shall:
1.
Attach a green sticker to the main service equipment:
a.
With his or her signature and certification number, name of the project, and
location; and
b.
Stating that the system has been inspected for compliance with the code; and
2.
Provide the owner or the owner's agent with a certificate of approval. For an
installation subject to KRS 211.350, the electrical inspector shall not issue a
certificate of approval or otherwise release the property for the supply of
electricity until he or she has received the local health department’s
"Final Notice of Release" (Notice of Release for Permanent Electrical
Service, Form PHPS-002) and has recorded its number upon the certificate of approval.
(8)
A red, yellow, or green sticker or a certificate of approval to be used by the
electrical inspector shall be of a type and format issued or approved by the department.
(9)
Each electrical inspector shall make and retain for a minimum of three (3)
years a complete record of each inspection and make it available to the department
upon request. The record shall contain, as a minimum:
(a)
Sufficient information to identify the location of the structure inspected;
(b)
The date of the inspection;
(c)
The type of structure, whether residential, commercial, industrial, or other;
(d)
The designation of a required permit and the agency granting the permit;
(e)
The size and complexity of the structure; and
(f)
Deficiencies in meeting code requirements and the action required to comply.
(10)
Violation of KRS 211.350(8) by a certified electrical inspector shall
constitute misconduct.
Section
7. Complaints and Grievance Procedures. (1) A person may file a complaint
against a certified electrical inspector if the person believes that an act or
omission of the inspector in the performance of his or her duties is in
violation of this administrative regulation or other law or has caused an undue
hardship to the person.
(2)
A complaint or allegation of misconduct shall be submitted in writing to the commissioner
and shall:
(a)
Include the nature of the alleged misconduct, with specific details as to acts,
names, dates, and witnesses; and
(b)
Specify the action requested of the commissioner.
(3)
Following an investigation, the commissioner shall:
(a)
Cause the matter to be heard and a recommendation rendered by the Electrical
Advisory Committee;
(b)
Set the matter for public hearing; or
(c)
Take other appropriate action in accordance with KRS 227.495 to resolve or
correct the matter.
Section
8. Suspension and Revocation of Certification. The commissioner shall revoke,
suspend, or refuse to renew the certificate of an electrical inspector who is
determined, by the commissioner after having afforded the opportunity for a KRS
Chapter 13B administrative hearing, to have:
(1)
Engaged in an activity that constitutes a conflict of interest, including:
(a)
Work as an electrical contractor or electrician;
(b)
Involvement in an activity in the electrical industry; or
(c)
Having a pecuniary or associational interest in a business or other venture
involved in an activity in the electrical industry;
(2)
Engaged in fraud, deceit, or misrepresentation in obtaining certification;
(3)
Been guilty of negligence, incompetence, or misconduct in the field of
electrical inspection;
(4)
Affixed or caused to be affixed a seal of approval or issued a certificate of
approval for an electrical installation subject to inspection if he or she has
not personally inspected the installation and found it to be satisfactory in
accordance with the code;
(5)
Operated as an electrical inspector in a locality in conflict with state or
local laws, ordinances, or regulations;
(6)
Knowingly overruled the proper findings of another electrical inspector or
attempted to supplant, overrule, or otherwise invalidate the judgment of
another electrical inspector without first obtaining express written consent
from the designated inspector's office supervising the original inspector;
(7)
Failed to maintain accurate and adequate recordkeeping as required by Section 6
of this administrative regulation; or
(8)
Violated any provision of KRS 227.491 or this administrative regulation.
Section
9. Electrical Inspections by State-Employed Certified Electrical Inspectors.
(1) State-owned property, including each building being constructed by the
state under the authority of the Finance and Administration Cabinet, shall be
inspected by a certified electrical inspector who is an employee of the state.
(2)
A state-employed certified electrical inspector shall inspect any electrical
work subject to inspection within a local jurisdiction if a certified
electrical inspector has not been made available by the local government.
(3)
A state-employed certified electrical inspector shall assert jurisdiction for
the electrical inspection of a project subject to state plan review pursuant to
Kentucky Building Code, 815 KAR 7:120.
(4)
A state-employed certified electrical inspector may inspect a state leased
facility that is not otherwise subject to state inspection pursuant to this
section, upon request.
Section
10. Interpretations. If a provision of the code is shown to be unreasonable or
impractical as applied to a particular installation, and if deviation from
strict compliance would not create a safety hazard because of a particular use
or condition, an individual may request to appear before the Electrical Advisory
Committee of the Department of Housing, Buildings and Construction to request a
modification to the code. Upon advice from the committee, the department shall
render its decision in the matter and the decision shall be appealable to the
Board of Housing, Buildings and Construction in accordance with KRS 198B.070
and the Kentucky Building Code, 815 KAR 7:120, or Kentucky Residential Code,
815 KAR 7:125.
Section
11. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
Form EL-11, "Application for Electrical Inspector Certification", May
2015, Department for Housing, Buildings and Construction;
(b)
Form EL-12, "Electrical Inspector Certification Renewal Application",
May 2015, Department for Housing, Buildings and Construction;
(c)
Form PHPS-001, "Notice of Release for Temporary Electrical Service",
May 1998 Edition, Department for Public Health; and
(d)
Form PHPS-002, "Notice of Release for Permanent Electrical Service",
May 1998 Edition, Department for Public Health.
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Department of Housing, Buildings and Construction, Electrical
Section, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday
through Friday, 8 a.m. to 4:30 p.m. (13 Ky.R. 2174; eff.
7-2-1987; Am. 17 Ky.R. 2898; 3108; eff. 5-3-1991; 21 Ky.R. 125; eff. 9-12-1994;
22 Ky.R. 117; 594; eff. 9-7-1995; 2346; eff. 8-1-1996; 24 Ky.R. 767; 1097; eff.
11-5-1997; 25 Ky.R. 1193; eff. 2-18-1999; 26 Ky.R. 1049; eff. 1-11-2000; 27
Ky.R. 242; eff. 9-11-2000; 3380; eff. 8-15-2001; 31 Ky.R. 1750; 32 Ky.R. 83;
eff. 8-5-2005; 41 Ky.R. 2645; 42 Ky.R. 298; eff. 9-4-2015.)
