PUBLIC PROTECTION CABINET

Department of Housing, Buildings and Construction

Electrical Division

(Amendment)

 

††††† 815 KAR 35:020. Electrical inspections.

 

††††† RELATES TO: KRS 198B.050, 227.460, 227.480, 227.487, 227.491

††††† STATUTORY AUTHORITY: KRS 198B.060, 227.480

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.480 requires the Department of Housing, Buildings and Construction to promulgate administrative regulations to describe the circumstances for which[electrical] inspections[by a Kentucky certified electrical inspector] are required for electrical construction, installations, alterations, or repairs[of any electrical wiring]. KRS 198B.060(18) authorizes the department to establish a schedule of fees for the functions it performs pursuant to the chapter. This administrative regulation establishes the requirements for[electrical] inspections of electrical construction, installations, alterations, and repairs.

 

††††† Section 1. Compliance With Applicable Codes[Inspections]. The department or a certified electrical inspector having jurisdiction shall inspect electrical construction, installations, alterations, and repairs, for compliance with NFPA 70, the National Electrical[Electric] Code, [as adopted and]incorporated by reference in 815 KAR 7:120, Kentucky Building Code, 815 KAR 7:125, Kentucky Residential Code, and 815 KAR 10:060, Kentucky Standards of Safety.

 

††††† Section 2. Mandatory Electrical Inspections. (1) Inspections shall be required for each electrical construction, installation, alteration, or repair that is not exempt from inspection pursuant to Section 4 of this administrative regulation.

††††† (2) The department or a certified electrical inspector having jurisdiction shall inspect each electrical construction, installation, alteration, or repair:[installations, and repairs]

††††† (a) Upon request by the permit holder or property owner;

††††† (b) Upon discovery or receipt of information indicating that electrical work subject to the jurisdiction of the department or inspector has been performed without a permit, if a permit was required pursuant to KRS 227.480, 815 KAR 7:120, Kentucky Building Code, or 815 KAR 7:125, Kentucky Residential Code; or

††††† (c) If required by 815 KAR 35:015 or this administrative regulation.

††††† (3)[(2)] The permit holder or property owner shall be responsible for scheduling an appointment for inspection with the electrical inspection authority for the jurisdiction.

††††† (4)(a)[(3)] Each mandatory electrical inspection shall be scheduled and completed within five (5) working days of the permit holder or property ownerís request for inspection, except for an inspection performed pursuant to subsection (2)(b) of this section.

††††† (b) An inspection performed pursuant to subsection (2)(b) of this section shall be conducted and completed within five (5) working days of discovery or receipt of information indicating that the electrical work has been performed.

††††† (5) A[(4)] rough-in inspection[inspections] shall be conducted on all permitted electrical work prior to covering or concealment.

††††† (6)[(5)] If conditions require partial coverage of the permitted electrical work, permission shall be requested of and received from the department or electrical inspector having jurisdiction prior to coverage or concealment.

††††† (7)[(6)] Covering an installation without final approval or permission of the department or electrical inspector shall result in the uncovering of the electrical work for inspection, unless the department or inspector having jurisdiction determines that uncovering is[determined] unnecessary to confirm compliance with the National Electrical[Electric] Code.

††††† (8)[(7)] A final inspection shall be conducted by the department or electrical inspector having jurisdiction after completion of the permitted electrical work and prior to use[occupancy].

 

††††† Section 3. Permissive Electrical Inspections. (1) A temporary or partial final inspection may be conducted if:

††††† (a) The temporary or partial final inspection will not prevent the remaining portion of the permitted work from being inspected; and

††††† (b) The electrical work[installations] subject to temporary or partial inspection is[are] separate and distinguishable from installations remaining to be inspected.

††††† (2) A voluntary inspection for any electrical construction, installation, alteration, repair, or maintenance, not subject to mandatory requirements as established[set forth] in Section 2 of this administrative regulation, may be requested. The voluntary inspection shall be[and] scheduled with the department or certified electrical inspector having jurisdiction.

 

††††† Section 4. Exemptions from Mandatory Electrical Inspections. Electrical inspections shall not be required for:

††††† (1) Electrical work beyond the scope of[the] NFPA 70[National Electric Code incorporated by reference in 815 KAR 7:120 and 815 KAR 7:125];

††††† (2)[Electrical installations, repairs or maintenance within structures determined by the department as not meeting the definition of "building" under KRS 198B.010(4);

††††† (3)] Electrical work that[which] is exempt from[not subject to] permitting requirements pursuant to:

††††† (a) Section 105.2 of the Kentucky Building Code, 815 KAR 7:120;

††††† (b) Section 2703.2 of the Kentucky Building Code, 815 KAR 7:120; or

††††† (c) Section R105.2 of the Kentucky Residential Code, 815 KAR 7:125;

††††† (3)[(4)] Electrical wiring under the exclusive control of electric utilities, in accordance with KRS 227.460;

††††† (4)[(5)] Electrical wiring of a surface coal mine, an underground coal mine, or at a coal preparation plant; and

††††† (5)[(6)] Appliances.

 

††††† Section 5. Inspections by State Employed Electrical Inspectors. (1) The department shall conduct electrical inspections in accordance with 815 KAR 35:015.

††††† (2) Prior to the commencement of electrical work subject to state inspection pursuant to this section, the electrical contractor, property owner, or other person responsible for the work to be performed shall request and obtain a permit from the department.

††††† (3) The person requesting a permit pursuant to this section shall submit to the department:

††††† (a) The address and location where the work is to be performed;

††††† (b) The type of electrical service to be constructed, installed, altered, or repaired;

††††† (c) The nature and scope of the work to be performed;

††††† (d) The identity and contact information of the electrical contractor or other persons responsible for performing the work;

††††† (e) The total dollar value of the electrical construction, installation, alteration, or repair;

††††† (f) A copy of the electrical contract, if any; and

††††† (g) The name and contact information of the property owner.

††††† (4) It shall be the obligation of the contractor, property owner, or other person responsible for the work to supply the complete value of the work, including labor and material costs regardless of the purchaser.

††††† (5) The department shall request other documented proof of costs from the responsible person or owner if the true value is in question.

††††† (6) Fees for state inspections.

††††† (a) It shall be the responsibility of the electrical contractor, property owner, or other person responsible for the work to pay to the department an inspection fee required by this subsection.

††††† (b) A certificate of inspection or other final approval of an electrical construction, installation, alteration, or repair shall not be issued by the department until the fee required by this subsection has been paid.

††††† (c) The fee to inspect electrical work having a complete value of less than $8,000 shall be the total of:

††††† 1. Thirty-five (35) dollars per hour, excluding travel;

††††† 2. Ten (10) dollars per hour for travel to and from the inspection site; and

††††† 3. Mileage reimbursed at the rate equivalent to that afforded to state employees pursuant to 200 KAR 2:006, Section 7(4)(a).

††††† (d) The fee to inspect electrical work having a complete value of at least $8,000 but less than $25,000 shall be $500.

††††† (e) The fee to inspect electrical work having a complete value of $25,000 or more shall be calculated as a percentage of the complete value in accordance with the schedule established in this paragraph.

Amount in dollars

Permit fee

$25,000 to $199,999

2.0%

$200,000 to $299,999

1.9%

$300,000 to $499,999

1.5%

$500,000 to $699,999

1.3%

$700,000 to $999,999

1.1%

$1,000,000 & Higher

1.0%

 

††††† Section 6. Access. All access necessary for inspections shall be provided by the property owner or person obtaining the electrical permit or requesting the electrical inspection.

 

GARY FECK, Acting Commissioner

AMBROSE WILSON IV, Secretary

††††† APPROVED BY AGENCY: May 13, 2015

††††† FILED WITH LRC: June 17, 2015 at 9 a.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2015, at 10:00 a.m., EDT, in the Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by August 17, 2015, 2015 (five working days prior to the hearing) of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until August 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person:

††††† CONTACT PERSON: Michael T. Davis, General Counsel, Department of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, phone 502-573-0365 ext. 144, fax 502-573-1057.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: †Michael T. Davis

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the requirements for inspections of electrical construction, installations, alterations, and repairs, and the fees for inspections conducted by the state.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary in order to implement KRS 198B.060 and 227.480.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 198B.060(4) requires the Department of Housing, Buildings and Construction to have concurrent jurisdiction for the inspection of all buildings, other than single-family dwellings, in accordance with the Uniform State Building Code, and paragraph (18) authorizes the Department to establish a schedule of fees for the functions performed under the provisions of that chapter. KRS 198B.050 requires the Department to include within the promulgation of the Uniform State Building Code the standards for electrical systems and to encompass the National Electrical Code. KRS 227.480 requires all electrical inspections deemed necessary by the Department for the safety of life and property, and directs the Department to promulgate an administrative regulation to describe the circumstances where inspections are required.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation directly implements the authorizing statutes and establishes the requirements and standards for electrical inspections.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment provides additional clarity through the clean-up and revision of non-substantive language and the addition of direct references to existing applicable law establishing the specific exceptions to electrical permitting under the Uniform State Building Code. This amendment also provides uniform rules for the submission of information needed to process a request for a permit for electrical inspection by a state inspector of installations subject to state jurisdiction. Finally, this amendment both simplifies and partially reduces the Departmentís existing electrical fee schedule.

††††† (b) The necessity of the amendment to this administrative regulation: To improve the administration of the Electrical Divisionís existing inspection program by providing additional clarifying language, providing better notice of the information needed for the issuance of an electrical permit, and to promulgate an improved inspection fee schedule.

††††† (c) How the amendment conforms to the content of the authorizing statutes: The amendment directly conforms to the authorizing statutes by establishing the requirements for the conduct of electrical inspections and the schedule of fees applicable to inspection services provided by the Department.

††††† (d) How the amendment will assist in the effective administration of the statutes: this amendment is essential to ensuring the Departmentís ability to effectively administer its electrical inspection program in accordance with applicable law.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All individuals required to obtain a permit for the installation and inspection of electrical work subject to state jurisdiction pursuant to KRS 198B and the Uniform State Building Code.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including;

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to comply with this administrative regulation or amendment: No new actions are anticipated to be required as a result of this amendment, because the amendment merely seeks simplify and reduce the inspection fee schedule currently adhered to by affected parties, as well as to simplify notice of the permitting information already required by the Department and already provided by affected individuals.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Although affected entities will be expected to comply with the electrical fee schedule addressed in this amendment, those individuals have already long adhered to a higher schedule of fees previously implemented by the Department. As a result, there are no increased costs, and those whose inspections fall subject to the reduced portions of the proposed schedule will experience reduced costs as a result of this amendment.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Affected individuals will be better able to identify the circumstances under existing law where electrical permits are required, and will enjoy the benefit of an electrical fee schedule that is less than the schedule currently applied to state electrical inspections.

††††† (5) Provide an estimate of how much it will cost to implement this administrative regulation:

††††† (a) Initially: There are no anticipated additional costs to administer these regulatory amendments other than the moderate reduction in inspection fees that will result from this amendment compared to the Departmentís current electrical inspection fee schedule. However, it is anticipated that this decrease will be more than offset by improved administration and management of consistent invoicing and collection of otherwise earned fees that are now fully tracked through the agencyís Jurisdiction Online (JO) database, compared to years prior to the establishment of the present Electrical Division in December 2013, as well as other non-fee revenues associated with the operation of the Electrical Division as a whole.

††††† (b) On a continuing basis: There are no anticipated additional costs to administer these regulatory amendments on an ongoing basis.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Any agency costs of implementation will be met with existing agency funds and the inspection fee revenue established by this amendment.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This administrative regulation does promulgate a decreased version of the Departmentís current electrical inspection fee schedule; therefore, the promulgation of this schedule constitutes a decrease, not an increase, in the base fees to which the affected individuals are already accustomed.

††††† (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: See answer to question #7 above.

††††† (9) TIERING: Is tiering applied? Tiering is not applied as all electrical work subject to state permitting and inspection will be subject to the same requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† 1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department of Housing, Buildings and Construction, Electrical Division, as well as cities and counties implementing an electrical inspection program.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. This regulation is authorized by KRS 198B.060 and 227.480.

††††† 3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This amendment is anticipated to result in a decrease in base inspection fee revenue of approximately $60,000 per year. However, it is anticipated that this decrease will be offset by improved invoicing and collection of otherwise earned fees that are now tracked through the agencyís Jurisdiction Online (JO) database, compared to years prior to the establishment of the Division in December 2013, as well as other non-inspection fee revenues associated with the operation of the Division as a whole.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? See answer to #3(a) above.

††††† (c) How much will it cost to administer this program for the first year? No change to the administrative costs of the Electrical Divisionís inspection program is anticipated.

††††† (d) How much will it cost to administer this program for subsequent years? No change to the administrative costs of the Divisionís inspection program is anticipated.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-): †††† Decrease.

††††† Expenditures (+/-): †††† Neutral.

††††† Other Explanation: †††† Neutral.