815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060.

 

      RELATES TO: KRS 164.772(3), 227A.010, 227A.060, 227A.100, 339.230, 29 C.F.R. 570

      STATUTORY AUTHORITY: KRS 227A.040(1), (8), 227A.060, 227A.100(9)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 227A.040 and 227A.060 authorize the Department of Housing, Buildings and Construction to promulgate administrative regulations to establish a process for the licensing of electrical contractors, electricians, and master electricians. KRS 227A.100(9) authorizes the department to promulgate administrative regulations governing an inactive license. This administrative regulation establishes the eligibility requirements and application procedures for the licensing of electrical contractors, electricians, and master electricians.

 

      Section 1. Application Procedure. An applicant for licensure pursuant to KRS 227A.060 shall:

      (1) Complete an application as required by Section 2 of this administrative regulation;

      (2) Pay the application fee required by Section 3 of this administrative regulation;

      (3) Provide verifiable evidence of experience and training as established in Section 4 of this administrative regulation; and

      (4) Provide evidence of passage of the examination required by Section 5 of this administrative regulation.

 

      Section 2. Application Requirements. (1) The applicant shall complete an application form, either Electrical Contractor's License Application, Form BCE-EL-2, or Electrical License Application Form, BCE-EL-3, which shall include:

      (a) The applicant's name;

      (b) The applicant's home address;

      (c) The applicant's business address;

      (d) The applicant's home and business telephone numbers;

      (e) The applicant's date of birth;

      (f) The applicant's Social Security number or employer identification number;

      (g) The applicant's email address;

      (h) The licenses applied for;

      (i) For master electrician or electrician, a narrative listing of the applicant's experience in the electrical industry, including:

      1. Business name and address;

      2. Job title; and

      3. Supervisor's name;

      (j) For master electrician or electrician, a listing of all approved training or apprenticeship programs the applicant has completed;

      (k) A statement confirming that the applicant is not in default on any educational loan guaranteed by the Kentucky Higher Education Assistance Authority in accordance with KRS 164.772(3);

      (l) A passport-sized color photograph of the applicant taken within the past six (6) months;

      (m) For electrical contractor licenses, the name and license number of the master electrician who will be affiliated with the applicant; and

      (n) For electrical contractor licenses, the name of the insurer providing the applicant's liability and workers' compensation coverage and the policy number of each coverage.

      (2) An applicant for reciprocity shall:

      (a) Comply with the requirements established in the reciprocity agreement between Kentucky and the state in which the applicant is licensed; and

      (b) Submit a completed Reciprocity Electrical License Application, Form BCE-EL-4, which shall include:

      1. A statement confirming that the applicant is not in default on any educational loan guaranteed by the Kentucky Higher Education Assistance Authority in accordance with KRS 164.772(3);

      2. A passport-sized color photograph of the applicant taken within the past six (6) months;

      3. For electrical contractor licenses, proof of compliance with the insurance and workers' compensation requirements established in Section 7 of this administrative regulation; and

      4. A copy of the applicant's license from the participating state.

 

      Section 3. Application, Renewal, Reinstatement, and Late Fees. (1) The application and renewal fees shall be:

      (a) $200 for an electrical contractor's license;

      (b) $100 for a master electrician's license; or

      (c) Fifty (50) dollars for an electrician's license.

      (2) Application, renewal, reinstatement, and late fees shall not be refundable.

      (3) The reinstatement fee for any lapsed license pursuant to KRS 227A.100(4) shall be equal to the license renewal fee and shall be paid in addition to the license renewal fee.

      (4) The late renewal fee shall be fifty (50) dollars. If all documents required to be submitted for renewal are postmarked on or before the last day of the renewal month, the filing shall be considered timely and a late fee shall not be assessed.

      (5) Renewal fees for inactive licenses shall be one-half (1/2) the fee for an active license.

      (6) The fee to return a license to an active status from an inactive status shall be the remaining one-half (1/2) renewal fee for that year.

 

      Section 4. Verification of Experience. (1) An applicant shall submit verification of experience for licensure as a master electrician or electrician.

      (2) Verification shall be submitted in the form of:

      (a) Tax returns or other official tax documents that indicate the applicant's occupation or the nature of the applicant's business activities, including Federal Schedule C, Form W-2, Form 1099, or local occupational tax returns;

      (b) A copy of a business license issued by a county or municipal government that did not issue electrical contractors, master electrician's, or electrician's licenses prior to June 24, 2003, if the business license indicates the applicant operated as an electrical contractor or worker;

      (c) A sworn affidavit, on the affiant's letterhead, certifying that the affiant has personal knowledge that the applicant has worked as a master electrician or an electrician for at least one (1) of the following:

      1. An electrical workers union;

      2. A certified electrical inspector; or

      3. An employer that employed the applicant as an electrician or a master electrician; or

      (d) Records of a branch of the United States Armed Forces that indicate the applicant performed a function that primarily involved electrical work. Experience gained while in the military shall be deemed to have been earned in Kentucky.

      (3) One (1) year of electrical experience shall consist minimally of 1,600 hours of electrical work in a contiguous twelve (12) month period.

 

      Section 5. Examinations. (1) An applicant for an electrical contractor's license, master electrician's license, or electrician's license shall pass an examination administered by an approved examination provider. A passing score shall be valid for a period of three (3) years.

      (2) For an electrical contractor's license, an applicant that is a business entity shall designate a person to take the examination on behalf of the applicant. The designee shall be:

      (a) An owner of the applicant’s business;

      (b) An officer of the applicant’s business;

      (c) A director of the applicant’s business; or

      (d) A full-time employee of the applicant’s business.

      (3)(a) If a person designated by an entity as established in subsection (2) of this section leaves the employment or no longer maintains an interest in that entity, the entity shall designate another person who either:

      1. Has passed the examination; or

      2. Successfully passes the examination within thirty (30) days.

      (b) Failure to have a designee that has passed the examination shall render the licensee no longer qualified to be licensed.

      (4) Upon application by a testing agency, a national code group, or by an applicant for certification, the department may recognize another examination as equivalent to an examination administered by an approved examination provider. The person or group submitting the examination shall demonstrate that the examination covers the same material and requires the same level of knowledge as the approved examinations.

 

      Section 6. Appeal Procedure. (1) An applicant denied a license may appeal the decision to the Commissioner of the Department of Housing, Buildings and Construction. The applicant shall submit written notice of the appeal to the Department of Housing, Buildings, and Construction within ten (10) business days of receiving notice that the license application has been denied.

      (2) The appeal shall be conducted pursuant to KRS Chapter 13B by a hearing officer appointed by the Commissioner of the Department of Housing, Buildings, and Construction.

 

      Section 7. Proof of Insurance. (1) An applicant for an electrical contractor's license shall provide proof of compliance with liability insurance requirements by providing an insurance certificate showing general liability insurance coverage of at least $500,000 issued by an insurer authorized to do business in Kentucky and naming the Department of Housing, Buildings, and Construction, Electrical Licensing, as the certificate holder.

      (2) The applicant shall provide proof of workers' compensation insurance by providing:

      (a) An insurance certificate from an approved insurance provider with the Kentucky Department of Insurance; or

      (b) A notarized statement that the applicant is not required to obtain workers' compensation coverage and the reason why the coverage is not required.

      (3) Each electrical contractor shall require the contractor’s liability and workers' compensation insurers to provide notice to the Department of Housing, Buildings, and Construction if a policy:

      (a) Is cancelled, terminated, or not renewed; or

      (b) Limit is lowered.

      (4) An electrical contractor shall advise the Department of Housing, Buildings, and Construction of a:

      (a) Change in the contractor’s insurance coverage, including cancellation or termination of any policy;

      (b) Change in the insurer providing the coverage; or

      (c) Changed circumstances that require the contractor to obtain coverage.

 

      Section 8. Renewal Requirements. (1) A license shall be valid for one (1) year and shall be renewed on or before the last day of the licensee's birth month. For electrical contractor licenses issued to corporations, partnerships, or business entities without a birth month, the renewal month shall be the month the license was issued.

      (2) The Department of Housing, Buildings, and Construction shall issue an initial license to an applicant for a period of up to twenty-three (23) months and shall charge a pro rata initial license fee to reflect the actual term of the initial license. An initial license shall not be issued for less than a twelve (12) month period.

      (3) A licensee shall apply for license renewal on Electrical License Renewal Application, Form BCE-EL-5.

 

      Section 9. Inactive License Status. (1)(a) A licensee may request that a license be placed in inactive status.

      (b) A licensee shall not perform electrical work requiring a license if the license is inactive.

      (2) An electrical contractor licensee in inactive status shall not be required to maintain liability insurance or provide proof to the Department of Housing, Buildings, and Construction of compliance with workers' compensation laws.

      (3) A certified electrical inspector may be licensed as an electrical contractor, master electrician, or electrician, but shall maintain that license as inactive while having an active electrical inspector certification.

      (4) Performing electrical work that requires a license while holding an inactive license shall be grounds for revocation or suspension of all electrical licenses and certifications held by the licensee.

 

      Section 10. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Form BCE-EL-2, "Electrical Contractor's License Application", March, 2007 edition;

      (b) Form BCE-EL-3, "Electrical License Application", May 2011 edition;

      (c) Form BCE-EL-4, "Reciprocity Electrical License Application," August 2009 edition; and

      (d) Form BCE-EL-5, "Electrical License Renewal Application", August 2009 edition.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Housing, Buildings, and Construction, Electrical Licensing, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (31 Ky.R. 234; Am. 569; eff. 9-15-2004; 1907; 32 Ky.R. 86; eff. 8-5-2005; 2377; 33 Ky.R. 417; eff. 9-1-2006; 3279; 4184; eff. 7-6-2007; 35 Ky.R. 195; Am. 568; eff. 10-3-2008; 36 Ky.R. 688; 1037; eff. 12-4-2009; 37 Ky.R. 3000; 38 Ky.R. 242; eff. 9-2-2011; 39 Ky.R. 1782; 2026; eff. 5-3-2013.)