††††† 815 KAR 35:015. Certification of electrical inspectors.

 

††††† RELATES TO: KRS 227.450, 227.489

††††† STATUTORY AUTHORITY: KRS 227.489

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.489 requires the Executive Director of the Office 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. This amendment is necessary to establish a minimum number of continuing education hours each inspector shall attend each year and clarify that the use of a temporary sticker is at the discretion of the inspector.

 

††††† Section 1. Definitions. (1) "Applicant" means the person seeking to be certified as an electrical inspector.

††††† (2) "Authority having jurisdiction" means the Office of Housing, Buildings and Construction.

††††† (3) "Certified electrical inspector" means a person who has:

††††† (a) Met the requirements established in this administrative regulation; and

††††† (b) Received a certificate of compliance.

††††† (4) "Code" means the National Electrical Code (NEC), which is incorporated by reference in 815 KAR 7:120 as part of the Kentucky Building Code.

††††† (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) "Employee" means a person who is employed on a full-time, part-time, or contractual basis.

††††† (8) "Executive director" means the Executive Director of the Office of Housing, Buildings and Construction.

††††† (9) "Office" means the Office of Housing, Buildings, and Construction.

††††† (10) "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.

††††† (11) "Temporary certification" means a certificate issued by the office under the provisions of Section 4 of this administrative regulation which is valid for a limited period of time.

 

††††† 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. A certified electrical inspector shall be classified as an electrical inspector one (1) and two (2) family or an electrical inspector general.

††††† (1) An electrical inspector one (1) and two (2) family shall:

††††† (a) Be a person who has passed the NCPCCI 2A examination; and

††††† (b) Be qualified to perform an electrical inspection and approve an electrical installation related to a:

††††† 1. One (1) or two (2) family dwelling; or

††††† 2. Manufactured or mobile home.

††††† (2) An electrical inspector general shall:

††††† (a) Be a person who has passed the NCPCCI 2A examination; and

††††† (b) Be qualified to inspect and approve all types of residential, commercial, industrial, or other property which requires electrical inspection.

 

††††† Section 4. Applications Requirements for Temporary Certification. (1) Before an applicant may sit for the examination for temporary certification as an electrical inspector, the applicant 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 National Electrical 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 National Electrical Code, if the applicant is applying for certification as an electrical inspector general; or

††††† 2. Be a registered professional electrical engineer engaged in his profession for at least three (3) years;

††††† (b) Possess:

††††† 1. The ability to read and write the English language; and

††††† 2. A general educational level satisfactory to perform his duties;

††††† (c) Submit a completed Form SFM-EL-1, Application for Electrical Inspectors, which shall be:

††††† 1. Notarized; and

††††† 2. Received by the office at least thirty (30) days prior to the next scheduled Electrical Advisory Committee meeting; and

††††† (d) Submit with the application:

††††† 1. A written statement of need for certification from the local official responsible for the electrical or building inspection program; and

††††† 2. A fee of $100 dollars in the form of a check or money order payable to the Kentucky State Treasurer.

††††† (2) If an 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 background in electrical construction familiarity through other means. The Office of Housing, Buildings and Construction with recommendations from the Electrical Advisory Committee shall:

††††† (a) Review the documentation; and

††††† (b) Approve the applicant if it is satisfied that the level of exposure to construction practices is substantially equivalent.

††††† (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.

††††† (4) The Electrical Advisory Committee shall review an applicant for temporary certification to determine his eligibility to sit for the examination.

††††† (5) Temporary certification shall expire at the end of nine (9) months from the time of initial certification and shall not be reissued.

 

††††† Section 5. Examinations for Temporary Certification. (1) Following the review and acceptance of the applicant's qualifications by the Office of Housing, Buildings and Construction, the applicant shall pass the office's written examination for the class of temporary certification.

††††† (2) An examination shall be:

††††† (a) Administered within thirty (30) days after acceptance by the Office of Housing, Buildings and Construction at the office in Frankfort, Kentucky, unless another location is specifically designated; and

††††† (b) Open book based on the National Electrical Code, which is incorporated by reference in 815 KAR 7:120 as part of the Kentucky Building Code.

††††† (3) A grade of seventy-five (75) percent shall be considered passing. An applicant, otherwise qualified, who fails to make a passing score may reapply to be scheduled for the next examination date upon payment of an additional fee of fifty (50) dollars.

††††† (4) An applicant shall not retake the examination more than three (3) times.

 

††††† Section 6. Requirements for Full Certification as an Electrical Inspector: General and One (1) and Two (2) Family. (1) An applicant for full 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 residential, commercial and industrial wiring systems installed in accordance with the National Electrical Code;

††††† 2. Be a registered professional electrical engineer engaged in his profession for at least three (3) years;

††††† (b) Possess:

††††† 1. The ability to read and write the English language; and

††††† 2. A general educational level satisfactory to perform his duties;

††††† (c) Submit a completed Form SFM-EL-1, Application for Electrical Inspectors, which shall be:

††††† 1. Notarized; and

††††† 2. Received by the office at least thirty (30) days prior to the next scheduled Electrical Advisory Committee meeting; and

††††† (d) Submit with the application:

††††† 1. A fee of $100 dollars in the form of a check or money order payable to the Kentucky State Treasurer; and

††††† 2. Proof of successful completion of the NCPCCI examination for:

††††† a. Electrical inspector general; or

††††† b. Electrical inspector one (1) and two (2) family.

††††† (2) If an 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 background in electrical construction familiarity through other means. The Office of Housing, Buildings and Construction with recommendations from the Electrical Advisory Committee shall:

††††† (a) Review the documentation; and

††††† (b) Approve the applicant if it is satisfied that the level of exposure to construction practices is substantially equivalent.

††††† (3) Following the review and approval of an applicant's qualifications and examination results by the electrical advisory committee, the office shall issue certification for the appropriate electrical inspector classification and the inspector shall be authorized to conduct inspections as specified in Section 3 of this administrative regulation.

††††† (4) A fully-certified inspector shall, upon request, be placed on "inactive" status upon payment of fees and otherwise complying with this administrative regulation, including keeping current with continuing education hours. A person holding an inactive certificate shall not make an electrical inspection while his certificate is in inactive status.

 

††††† Section 7. 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 electrical inspector certification shall submit the Renewal Application for Electrical Inspector Certification on Form SFM-EL-1A.

††††† (3) Each electrical inspector certification, except a temporary certificate, 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.

††††† (4) A renewal fee of fifty (50) dollars shall be paid by each certified electrical inspector before the last day of the inspector's birth month in each succeeding year to maintain certification.

††††† (5) Delinquent renewal fee. A certified electrical inspector who fails to submit the application 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 completed 180 days after the last day of the inspector's birth month, the certification shall be canceled and shall not be renewed.

††††† (6) Reinstatement. A certificate that has been revoked or canceled may be reinstated upon petition to the executive director for good reason.

††††† (7) An applicant for reinstatement shall pay a reinstatement fee of $100; and shall:

††††† (a)1. Pay the delinquent renewal fees; and

††††† 2. Submit proof of continuing education for each year the certificate was revoked or cancelled; or

††††† (b) Pass the NCPCCI examination within the current year.

 

††††† Section 8. 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 Office of Housing, Buildings and Construction with advice from the Electrical Advisory Committee.

††††† (2) Each electrical inspection shall be made in compliance with the edition of the National Electrical Code, which is incorporated by reference in 815 KAR 7:120 as part of the Kentucky Building Code.

††††† (3) In addition to the National Electrical Code, the electrical inspector shall be familiar with the applicable building codes or 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)(a) Temporary construction service approvals shall receive a green sticker and a certificate of compliance.

††††† (b) For an installation subject to KRS 211.350, the electrical inspector shall not issue a certificate of compliance or otherwise release the property for the supply of electricity until he has received the local health departmentís "Initial Notice of Release" (Notice of Release for Temporary Electrical Service, Form PHPS-001) and has recorded its number upon the certificate of compliance.

††††† (6) 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 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 signature and certification number, name of the project and location; and

††††† b. Stating that the system has been inspected for compliance with the National Electrical Code; and

††††† 2. Provide the owner or the owner's agent with a certificate of compliance. For an installation subject to KRS 211.350, the electrical inspector shall not issue a certificate of compliance or otherwise release the property for the supply of electricity until he has received the local health departmentís "Final Notice of Release" (Notice of Release for Permanent Electrical Service, Form PHPS-002) and has recorded its number upon the certificate of compliance.

††††† (7) A red, yellow or green sticker or a certificate of compliance to be used by the electrical inspector shall be issued or approved by the office.

††††† (8) Each electrical inspector shall make and retain for a minimum of three (3) years a complete record of each inspection and make them available to the office upon request. The record shall contain, as a minimum, the following information:

††††† (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.

††††† (9) Violation of KRS 211.350(4) by a certified electrical inspector shall constitute misconduct.

 

††††† Section 9. 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 duties caused an undue hardship to the person.

††††† (2) A complaint or allegation of misconduct shall be submitted in writing to the executive director 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 executive director.

††††† (3) Following an investigation, the executive director 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 to resolve or correct the matter.

 

††††† Section 10. Suspension and Revocation of Certification. The executive director shall revoke, suspend or refuse to renew the certificate of an electrical inspector who is determined, by the executive director after a KRS Chapter 13B administrative hearing, to have:

††††† (1) Engaged in an activity which 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;

††††† (2) Engaged in fraud, deceit or misrepresentation in obtaining certification;

††††† (3) Been guilty of negligence, incompetence or misconduct as established by this administrative regulation 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 his inspection if he 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 where a court of competent jurisdiction has adjudged him to be 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 original inspector; or

††††† (7) Maintained inaccurate or inadequate recordkeeping as required by Section 8 of this administrative regulation.

 

††††† Section 11. 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, for a fee, 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 under the Kentucky Building Code.

††††† (4) A state employed certified electrical inspector may inspect a state leased facility, upon request.

 

††††† Section 12. Interpretations. If a provision of the National Electrical Code can be 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 Office of Housing, Buildings and Construction to request a variance from the code. Upon advice from the committee, the office shall render its decision in the matter and the decision shall be appealable to the Board of Housing, Buildings and Construction.

 

††††† Section 13. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) Form SFM-EL-1, "Application for Electrical Inspectors, May, 2001", Office for Housing, Buildings and Construction;

††††† (b) Form SFM-EL-1A, "Renewal Application for Electrical Inspector Certification, May, 2001", Office 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 Office of Housing, Buildings and Construction, Electrical Section, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (13 Ky.R. 2174; eff. 7-2-87; Am. 17 Ky.R. 2898; 3108; eff. 5-3-91; 21 Ky.R. 125; eff. 9-12-94; 22 Ky.R. 117; 594; eff. 9-7-95; 2346; eff. 8-1-96; 24 Ky.R. 767; 1097; eff. 11-5-97; 25 Ky.R. 1193; eff. 2-18-99; 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. 8-5-05.)