This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980280.01 EBD
HOUSE BILL 981010
STATE OF COLORADO
BY REPRESENTATIVE G. Berry;
also SENATOR Chlouber.
REENGROSSED
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE REGULATION OF ELECTRICIANS, AND, IN
CONNECTION THEREWITH, REPEALING THE STATE ELECTRICAL BOARD AND
PROVIDING FOR THE REGULATION OF ELECTRICIANS BY THE DIRECTOR OF
THE DIVISION OF REGISTRATIONS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Sunset Process House Business Affairs and
Labor Committee. Repeals the state electrical
board and makes the director of the division of registrations
responsible for the regulation of electricians. Exempts owners
of single or twofamily dwellings who reside in the
dwelling from the licensing requirements for electricians. Grants
up to 3 years of work experience credit to applicants for a journeyman's
license who have obtained a degree from a college, university,
community college, or trade school program approved by the director
of the division of registrations. Requires the director to promulgate
a rule granting some work experience credit to applicants for
a master's or journeyman's license who have completed all of the
education or academic training that is otherwise required. Repeals
the authority to issue temporary permits, but allows the director
to issue temporary master permits for no more than 30 days to
existing contractors that have lost the services of a master electrician
if the contractor has a licensed journeyman electrician in the
contractor's fulltime employ. Increases the number of apprentices
a licensed electrician can supervise from one to two. Subject
to approval of the director, allows regional building departments
to charge up to 30% above the state inspection fees, instead of
the 15% cap for single jurisdiction building departments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Repeal. 241122 (3) (ff), Colorado Revised Statutes, is repealed as follows:
241122. Department of regulatory agencies creation. (3) The following boards and agencies are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of registrations:
(ff) State
electrical board, created by article 23 of title 12, C.R.S.;
SECTION 2. 1223100.2, Colorado Revised Statutes, is amended to read:
1223100.2. Legislative
declaration. The general assembly hereby
declares that the state electrical
board DIRECTOR OF THE DIVISION OF
REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES shall be
specifically involved in the testing and licensing of electricians
and shall provide for inspections of electrical installations
where local inspection authorities are not providing such service.
SECTION 3. 1223101 (1.2), Colorado Revised Statutes, is amended, and the said 1223101 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1223101. Definitions. As used in this article, unless the context otherwise requires:
(1.2) "Board"
means the state electrical board.
(1.4) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF REGISTRATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES.
SECTION 4. Repeal. 1223102, Colorado Revised Statutes, is repealed as follows:
1223102. State electrical
board. There
is hereby established a state electrical board, which shall consist
of nine members appointed by the governor, with the consent of
the senate, who shall be residents of the state of Colorado.
Two of said members shall be electrical contractors who have masters'
licenses, two shall be master or journeymen electricians who are
not electrical contractors, two shall be representatives of private,
municipal, or cooperative electric utilities rendering electric
service to the ultimate public, one shall be a building official
from a political subdivision of the state performing electrical
inspections, one shall be a general contractor actively engaged
in the building industry, and one shall be appointed from the
public at large. Effective July 1, 1975, all members shall serve
for threeyear terms, but, of the appointments to be made
effective July 1, 1975, one master or journeyman electrician shall
be appointed for a threeyear term, one electric utility
member shall be appointed for a threeyear term and one for
a twoyear term, and one new atlarge member shall be
appointed for a threeyear term. All other present members
shall serve the terms for which originally appointed, but their
successors shall be appointed for threeyear terms. All
appointees shall be limited to two full terms each. Any vacancy
occurring in the membership of the board shall be filled by the
governor by appointment for the unexpired term of such member.
The governor may remove any member of the board for misconduct,
incompetence, or neglect of duty.
SECTION 5. 1223102.5, Colorado Revised Statutes, is amended to read:
1223102.5. Repeal of article.
This article is repealed, effective July
1, 1998 JULY 1, 2003. Prior to such
repeal, the state electrical board
FUNCTION OF REGULATING ELECTRICIANS BY THE DIVISION OF REGISTRATIONS
shall be reviewed as provided for in section 2434104,
C.R.S.
SECTION 6. Repeal. 1223103, Colorado Revised Statutes, is repealed as follows:
1223103. Board under department
of regulatory agencies. The
state electrical board and its powers, duties, and functions are
transferred, effective July 1, 1978, by a type 1 transfer,
as such transfer is defined in the "Administrative Organization
Act of 1968", article 1 of title 24, C.R.S., to the department
of regulatory agencies and allocated to the division of registrations.
SECTION 7. 1223104, Colorado Revised Statutes, is amended to read:
1223104. Director
powers. (1) (a) The
board, annually in the month of July, shall elect from the membership
thereof a president, vicepresident, and secretarytreasurer.
The board shall meet at least once a month and at such other times
as it deems necessary.
(b) A majority of the board shall
constitute a quorum for the transaction of all business.
(2) In addition to all other powers and
duties conferred or imposed upon the board
DIRECTOR by this article, the board
DIRECTOR is authorized to:
(a) Adopt, and from time to time revise,
such rules and regulations not inconsistent with the law as may
be necessary to enable it to carry into effect the provisions
of this article. In adopting such rules and regulations, the
board
DIRECTOR shall be governed when appropriate by the standards in
the most current edition of the national electrical code or by
any modifications to such standards made by the board
DIRECTOR after a hearing is held pursuant to the provisions of
article 4 of title 24, C.R.S. These standards are adopted as the
minimum standards governing the planning, laying out, and installing
or the making of additions, alterations, and repairs in the installation
of wiring apparatus and equipment for electric light, heat, and
power in this state. A copy of such code shall be kept in the
office of the board
DIRECTOR and open to public inspection. Nothing contained in
this section shall prohibit any city, town, county, or city and
county from making and enforcing any such standards that are more
stringent than the minimum standards adopted by the board
DIRECTOR, and any city, town, county, or city and county which
THAT adopts such more stringent standards shall furnish a copy
thereof to the board
DIRECTOR. The standards adopted by the board
DIRECTOR shall be prima facie evidence of minimum approved methods
of construction for safety to life and property. The
affirmative vote of twothirds of all appointed members of
the board shall be required to set any standards that are different
from those set forth in the national electrical code.
If requested in writing, the board
DIRECTOR shall send a copy of newly adopted standards and rules
and regulations to any interested party at least thirty days before
the implementation and enforcement of such standards or rules
and regulations. Such copies may be furnished for a fee established
pursuant to section 2434105, C.R.S.
(b) Adopt
a seal, and the secretary shall have the care and custody thereof;
(c) Register and renew the registration of apprentices and qualified electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article;
(d) Subpoena records and documents and
compel the attendance and testimony of witnesses pursuant to an
investigation or a hearing of the board
DIRECTOR;
(e) Cause the prosecution and enjoinder,
in any court of competent jurisdiction, of all persons violating
this article and incur necessary expenses therefor. When seeking
an injunction, the board
DIRECTOR shall not be required to prove that an adequate remedy
at law does not exist or that substantial or irreparable damages
would result if an injunction is not granted.
(f) Inspect and approve or disapprove the installation within this state of electrical wiring, apparatus, or equipment for electrical light, heat, or power according to the minimum standards in the national electrical code or prescribed in this article;
(g) Review and approve or disapprove requests for exceptions to the national electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;
(h) Conduct hearings in accordance with
the provisions of section 244105, C.R.S.; except that
the board
DIRECTOR may appoint an administrative law judge pursuant to part
10 of article 30 of title 24, C.R.S., to conduct such hearings;
(i) Examine persons regulated by the board
DIRECTOR pursuant to this article for the renewal of a license
or registration. Examination shall be by a brief multiple choice
exam to be included in the renewal notice process and shall be
an open book exam.
SECTION 8. 1223104.5, Colorado Revised Statutes, is amended to read:
1223104.5. Program administrator.
The director of the division of registrations may appoint a program
administrator pursuant to section 13 of article XII of the state
constitution to work with the board
DIRECTOR in carrying out its
THE DIRECTOR'S duties under this article.
SECTION 9. 1223105 (1), Colorado Revised Statutes, is amended to read:
1223105. Electrician must
have license control and supervision.
(1) No person shall engage in or work at the business,
trade, or calling of a journeyman electrician, master electrician,
or residential wireman in this state until he
SUCH PERSON has received a license from the division of registrations
upon written notice from the board
DIRECTOR or the program administrator, acting as the agent thereof,
or a temporary permit from the board
DIRECTOR, the program administrator, or his
THE PROGRAM ADMINISTRATOR'S agent.
SECTION 10. 1223106 (1), (2) (a), (2) (b), (3) (a), (3) (b), (4) (a), (4) (c), (5) (a), (5) (b), and (5) (d), Colorado Revised Statutes, are amended, and the said 1223106 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1223106. License requirements.
(1) (a) An applicant for a master electrician's
license shall furnish written evidence that he
THE APPLICANT is a graduate electrical engineer of an accredited
college or university and has one year of practical electrical
experience in the construction industry, or that he
THE APPLICANT is a graduate of an electrical trade school or community
college and has at least four years of practical experience in
electrical work, or that he
THE APPLICANT has had at least one year of practical experience
in planning, laying out, supervising, and installing wiring, apparatus,
or equipment for electrical light, heat, and power beyond the
practical experience requirements for the journeyman's license.
Each applicant for a license as a master electrician shall file
an application on forms prepared and furnished by the board
DIRECTOR, together with the examination fee provided in section
1223112 (1). The board
DIRECTOR, not less than thirty days prior to a scheduled written
examination, shall notify each applicant that the evidence submitted
with his
THE application is sufficient to qualify him
THE APPLICANT to take such written examination or that such evidence
is insufficient and the application is rejected. In the event
that the application is rejected, the board
DIRECTOR shall set forth the reasons therefor in the notice to
the applicant and shall forthwith return such applicant's examination
fee. The place of examination shall be designated in advance
by the board
DIRECTOR, and examinations shall be held not less often than twice
a year and at such other times as, in the opinion of the board
DIRECTOR, the number of applicants warrants.
(b) THE DIRECTOR SHALL BY RULE PROVIDE FOR A UNIFORM PRO RATA RATIO OF CREDIT FOR WORK EXPERIENCE, EDUCATION, OR ACADEMIC TRAINING THAT IS NOT SUFFICIENT ON ITS OWN TO QUALIFY UNDER PARAGRAPH (a) OF THIS SUBSECTION (1), BUT IS DEEMED SUFFICIENT BY THE DIRECTOR TO WARRANT CREDIT TOWARD A LICENSE UNDER THIS ARTICLE.
(2) (a) An applicant for a journeyman
electrician's license shall furnish written evidence that he
THE APPLICANT has had at least four years' apprenticeship in the
electrical trade or four years' practical experience in wiring
for, installing, and repairing electrical apparatus and equipment
for light, heat, and power and shall further establish that at
least two of such years' experience has been in commercial or
industrial work.
(b) Any applicant for such license shall be permitted to substitute for required practical experience evidence of academic training in the electrical field which shall be credited as follows:
(I) If he
THE APPLICANT is a graduate electrical engineer of an accredited
college or university or the graduate of a community college or
trade school program approved by the board,
he DIRECTOR, THE APPLICANT shall
receive one year
UP TO THREE YEARS of work experience credit.
(II) If he
THE APPLICANT has academic training, including military training,
which is not sufficient to qualify under subparagraph (I) of this
paragraph (b), the board
DIRECTOR shall provide work experience credit for such training
according to a uniform ratio established by rule and regulation.
(III) THE DIRECTOR SHALL BY RULE PROVIDE FOR A UNIFORM PRO RATA RATIO OF CREDIT FOR WORK EXPERIENCE, EDUCATION, OR ACADEMIC TRAINING THAT IS NOT SUFFICIENT ON ITS OWN TO QUALIFY UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) BUT IS DEEMED SUFFICIENT BY THE DIRECTOR TO WARRANT CREDIT TOWARD A LICENSE UNDER THIS ARTICLE.
(3) (a) An applicant for a residential
wireman's license shall furnish written evidence that he
THE APPLICANT has at least two years of accredited training or
two years of practical experience in wiring one, two,
three, and fourfamily dwellings.
(b) Any applicant for such license shall be permitted to substitute for required practical experience evidence of academic training in the electrical field which shall be credited as follows:
(I) If he
THE APPLICANT is a graduate electrical engineer of an accredited
college or university or the graduate of a community college or
trade school program approved by the board,
he DIRECTOR, THE APPLICANT shall
receive one year of work experience credit.
(II) If he
THE APPLICANT has academic training, including military training,
which is not sufficient to qualify under subparagraph (I) of this
paragraph (b), the board
DIRECTOR shall provide work experience credit for such training
according to a uniform ratio established by rule and regulation.
(III) THE DIRECTOR SHALL BY RULE PROVIDE FOR A UNIFORM PRO RATA RATIO OF CREDIT FOR WORK EXPERIENCE, EDUCATION, OR ACADEMIC TRAINING THAT IS NOT SUFFICIENT ON ITS OWN TO QUALIFY UNDER SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH (b), BUT IS DEEMED SUFFICIENT BY THE DIRECTOR TO WARRANT CREDIT TOWARD A LICENSE UNDER THIS ARTICLE.
(4) (a) Any examination which is
given for master electricians, journeymen electricians, and residential
wiremen shall be subject to board
DIRECTOR approval. The board
DIRECTOR, or its
THE DIRECTOR'S designee, shall conduct and grade the examination
and shall set the passing score to reflect a minimum level of
competency. If it is determined that the applicant has passed
the examination, the division of registrations, upon written notice
from the board
DIRECTOR or the program administrator, acting as an agent thereof,
and upon payment by the applicant of the fee provided in section
1223112, shall issue to the applicant a license which
shall authorize him
THE APPLICANT to engage in the business, trade, or calling of
a master electrician, journeyman electrician, or residential wireman.
(c) Any license that has lapsed shall
be deemed to have expired. In such instances, the board
DIRECTOR is authorized to require the licensee to demonstrate
competency after two years if the board
DIRECTOR determines that such a showing is necessary and to require
the payment of the appropriate fee.
(5) (a) No person, firm, copartnership,
association, or combination thereof shall engage in the business
of an electrical contractor without having first registered with
the board
DIRECTOR. The board
DIRECTOR shall register such contractor upon payment of the fee
as provided in section 1223112, presentation of evidence
that the applicant has complied with the applicable workers' compensation
and unemployment compensation laws of this state, and satisfaction
of the requirements of paragraph (b) or (c) of this subsection
(5).
(b) If either the owner or the part owner
of any firm, copartnership, corporation, association, or combination
thereof has been issued a master electrician's license by the
division of registrations and is in charge of the supervision
of all electrical work performed by such contractor, upon written
notice from the board
DIRECTOR or the program administrator, acting as the agent thereof,
the division shall promptly, upon payment of the fee as provided
in section 1223112, register such licensee as an electrical
contractor.
(d) No holder of a master's license shall
be named as the master electrician, under the provisions of paragraphs
(b) and (c) of this subsection (5), for more than one contractor,
and a master name shall be actively engaged in a fulltime
capacity with that contracting company. The qualifying master
license holder shall be required to notify the state
electrical board DIRECTOR within
fifteen days after his
THE LICENSE HOLDER'S termination as a qualifying master holder.
The master license holder is responsible for all electrical work
performed by the electrical contracting company. Failure to comply
with a notification may lead to suspension or revocation of the
master license as provided in section 1223118.
(6) IN DETERMINING WHETHER AN APPLICANT'S TRAINING AT A FOREIGN COLLEGE, UNIVERSITY, OR TRADE SCHOOL IS EQUIVALENT TO THAT PROVIDED AT SUCH INSTITUTIONS ACCREDITED IN THE UNITED STATES, THE DIRECTOR SHALL UTILIZE THE SERVICES OF A RECOGNIZED AGENCY. AN APPLICANT WHO SEEKS TO ESTABLISH THE EQUIVALENCY OF THE TRAINING PROVIDED BY A FOREIGN COLLEGE, UNIVERSITY, OR TRADE SCHOOL SHALL BE RESPONSIBLE FOR ANY FEES FOR SUCH SERVICES.
SECTION 11. 1223106.5, Colorado Revised Statutes, is amended to read:
1223106.5. Credit for experience
not subject to supervision of a licensed electrician.
For all applicants seeking work experience credit toward licensure,
the board
DIRECTOR shall give credit for electrical work that is not required
to be performed by or under the supervision of a licensed electrician
if the applicant can show that the particular experience received
or the supervision under which the work has been performed is
adequate. Work experience credit
awarded under this section shall not exceed onehalf of the
applicable experience requirement for any license issued under
this article.
SECTION 12. 1223109, Colorado Revised Statutes, is amended to read:
1223109. License by endorsement.
The board
may DIRECTOR
SHALL issue an electrical license by endorsement in this state
to any person who is licensed to practice in another jurisdiction
if such person presents proof satisfactory to the board
DIRECTOR that, at the time of application for a Colorado license
by endorsement, the person possesses credentials and qualifications
which are substantially equivalent to requirements in Colorado
for licensure by examination. The board
DIRECTOR may specify by rule and regulation what shall constitute
substantially equivalent credentials and qualifications, and may
further require a waiting period of six months after the issuance
of a license in another state before issuing a license in Colorado.
SECTION 13. 1223110, Colorado Revised Statutes, is amended to read:
1223110. Temporary permits.
FOR A FEE, AS PROVIDED FOR SUCH PERMITS IN SECTION 1223112,
the board
DIRECTOR or the program administrator or his
THE ADMINISTRATOR'S agent, as provided in the rules and regulations
promulgated by the board
DIRECTOR, shall issue temporary permits to engage in the work
of a master electrician FOR A PERIOD OF TIME NOT TO EXCEED THIRTY
DAYS FOR THE COMPLETION OF A CURRENT PROJECT UNDERWAY in cases
where an electrical contractor no longer has the services of any
master electrician as required under this article. and
shall issue temporary permits to engage in the work of a journeyman
electrician or residential wireman to any applicant who furnishes
evidence satisfactory to the board that he has the required experience
to qualify for the examination provided in this article and who
pays the fee provided in section 1223112 for such
permits. In addition, and in a similar manner, the board or the
program administrator or his agent shall issue temporary permits
to any applicant who furnishes evidence satisfactory to the board
that he qualifies for a master electrician's license and who pays
the required fee. SUCH TEMPORARY
PERMIT SHALL ONLY BE GRANTED IF THE ELECTRICAL CONTRACTOR HAS
A LICENSED JOURNEYMAN ELECTRICIAN IN THE ELECTRICAL CONTRACTOR'S
FULLTIME EMPLOY. Temporary permits shall
continue in effect only until the next examination is given and
may be revoked by the board
DIRECTOR at any time. If the applicant
A JOURNEYMAN ELECTRICIAN IN THE EMPLOY OF THE ELECTRICAL CONTRACTOR
is granted a license, any fee paid for the temporary permit shall
be applied to the fee required for a license.
SECTION 14. 1223110.5 (1), (2), and (3)(a), Colorado Revised Statutes, are amended to read:
1223110.5. Apprentices
supervision registration discipline.
(1) Any person may work as an apprentice but shall
not do any electrical wiring for the installation of electrical
apparatus or equipment for light, heat, or power except under
the supervision of a licensed electrician. The
degree of supervision required shall be no more than one licensed
electrician to supervise no more than one apprentice at the jobsite.
(2) Any electrical contractor, journeyman
electrician, master electrician, or residential wireman who is
the employer or supervisor of any electrical apprentice working
at the trade shall be responsible for the work performed by such
apprentice. The board
DIRECTOR may take disciplinary action against any such contractor
or any such electrician or residential wireman under the provisions
of section 1223118 for any improper work performed
by an electrical apprentice working at the trade during the time
of his
THE ELECTRICAL APPRENTICE'S employment while under the supervision
of such person. The registration of such apprentice may also
be subject to disciplinary action under the provisions of section
1223118.
(3) (a) Upon employing an electrical
apprentice to work at the trade, the electrical contractor, within
thirty days after such initial employment, shall register such
apprentice with the board
DIRECTOR. The employer shall also notify the board
DIRECTOR within thirty days after the termination of such employment.
SECTION 15. 1223111 (2), (3), (6), (14), and (16). Colorado Revised Statutes, is amended, and the said 1223111 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1223111. Exemptions.
(2) Nothing in this article shall be construed to
require any individual to hold a license before doing electrical
work on his
SUCH INDIVIDUAL'S own property or residence if all such electrical
work, except for maintenance, repair, or alteration of existing
facilities, is inspected as provided in this article. if,
however, IF such property or
residence is intended for sale or
resale by a person engaged in the business of constructing or
remodeling such facilities or structures or
is rental property which is occupied or is to be occupied by tenants
for lodging, either transient or permanent,
or is generally open to the public, the owner shall be responsible
for, and the property shall be subject to, all of the provisions
of this article pertaining to inspection and licensing, unless
specifically exempted therein.
(2.5) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE ANY INDIVIDUAL TO HOLD A LICENSE BEFORE DOING ELECTRICAL WORK ON THE INDIVIDUAL'S OWN SINGLEFAMILY OR TWOFAMILY PROPERTY, UNLESS SUCH PROPERTY IS INTENDED FOR SALE OR RESALE BY A PERSON ENGAGED IN THE BUSINESS OF CONSTRUCTING OR REMODELING SUCH FACILITIES OR STRUCTURES, IF:
(a) ALL SUCH ELECTRICAL WORK, EXCEPT FOR MAINTENANCE, REPAIR, OR ALTERATION OF EXISTING FACILITIES, IS INSPECTED AS PROVIDED IN THIS ARTICLE; AND
(b) THE INDIVIDUAL'S RESIDENCE IS IN ANY PART OF THE SINGLEFAMILY OR TWOFAMILY PROPERTY.
(3) Nothing in this article shall be construed
to require any regular employee of any firm or corporation to
hold a license before doing any electrical work on the property
of such firm or corporation, whether or not such property is owned,
leased, or rented: If the firm or corporation employing any employee
performing such work has all such electrical work installed in
conformity with the minimum standards as set forth in this article
and all such work is subject to inspection by the board
or its DIRECTOR OR THE DIRECTOR'S
inspectors by request in writing in accordance with subsection
(14) of this section; and if the property of any such firm or
corporation is not generally open to the public. No license for
such firm or corporation, nor inspection by the board
or its DIRECTOR OR THE DIRECTOR'S
inspectors, nor the payment of any fees thereon shall be required,
with the exception of inspection by the board
or its DIRECTOR OR THE DIRECTOR'S
inspectors when performed by written request. Nothing contained
in this article shall be construed to require any license, any
inspection by the board or its
DIRECTOR OR THE DIRECTOR'S inspectors, or the payment of any fees
for any electrical work performed for maintenance, repair, or
alteration of existing facilities which shall be exempt as provided
in this section.
(6) Nothing in this article shall be construed
to require any individual to hold a license before doing any maintenance,
repair, or alteration of existing facilities on his
THE INDIVIDUAL'S own property or residence, nor to require inspection
by the board or its
DIRECTOR OR THE DIRECTOR'S inspectors, nor to pay any fees connected
therewith. Likewise, nothing in this article shall be construed
to require any firm or corporation or its regular employees to
be required to hold a license before doing maintenance, repair,
or alteration of existing facilities on the property of any such
firm or corporation whether or not any such property is generally
open to the public; nor shall inspection by the board
or its DIRECTOR OR THE DIRECTOR'S
inspectors nor the payment of any fees connected therewith be
required.
(14) Nothing in this article shall be
construed to exempt any electrical work from inspection under
the provisions of this article except that which is specifically
exempted in this article, and nothing in this article shall be
construed to exempt any electrical work from inspection by the
board or its
DIRECTOR OR THE DIRECTOR'S inspectors upon order of the board
DIRECTOR or from any required corrections connected therewith.
However, no fees or charges may be charged for any such inspection
except as set forth in this article, unless request for inspection
has been made to the board or its
DIRECTOR OR THE DIRECTOR'S inspectors in writing, in which case,
unless otherwise covered in this article, the actual expenses
of the board and its
DIRECTOR AND THE DIRECTOR'S inspectors of the inspection involved
shall be charged by and be paid to the board
DIRECTOR. The board
DIRECTOR is directed to make available and mail minimum standards
pertaining to specific electrical installations on request and
to charge a fee for the same, such fee not to exceed the actual
cost involved, and in no case more than one dollar. Requests for
copies of the national electrical code shall be filled when available,
costs thereof not to exceed the actual cost to the board
DIRECTOR.
(16) The provisions of this article shall
not be applicable to any surface or subsurface operation or property
used in, around, or in conjunction with any mine which is inspected
pursuant to the "Federal Mine Safety and Health Amendments
Act of 1977", P.L. 95164, except permanent state highway
tunnel facilities, which shall conform to standards based on the
national electrical code. Nothing contained in this subsection
(16) shall prohibit the department of transportation from adopting
more stringent standards or requirements than those provided by
the minimum standards specified in the national electrical code,
and the department of transportation shall furnish a copy of such
more stringent standards to the board
DIRECTOR.
SECTION 16. The introductory portion to 1223112 (1), Colorado Revised Statutes, is amended to read:
1223112. Fees.
(1) As established pursuant to section 2434105,
C.R.S., fees shall be charged by the state
electrical board DIRECTOR for the
following:
SECTION 17. 1223113, Colorado Revised Statutes, is amended to read:
1223113. Disposition of
fees and expenses of director. All moneys
collected under this article, except for fines collected pursuant
to section 1223118 (7) (a), shall be transmitted to
the state treasurer, who shall credit the same pursuant to section
2434105, C.R.S., and the general assembly shall make
annual appropriations pursuant to said section for expenditures
of the board
DIRECTOR incurred in the performance of its
THE DIRECTOR'S duties under this article, which expenditures shall
be made from such appropriations upon vouchers and warrants drawn
pursuant to law.
SECTION 180 1223114 (2), Colorado Revised Statutes, is amended to read:
1223114. Publications.
(2) Publications of the board
DIRECTOR circulated in quantity outside the executive branch shall
be issued in accordance with the provisions of section 241136,
C.R.S.
SECTION 190 1223115 (1) (a) (I) (B) and (1) (b), Colorado Revised Statutes, are amended to read:
1223115. Inspectors qualifications. (1) (a) (I) The director of the division of registrations is hereby authorized to appoint or employ, with the power of removal, competent persons licensed under this article as journeymen or master electricians as state electrical inspectors. The division director is also authorized to appoint or employ, with the power of removal, for the purpose of inspecting one, two, three, or fourfamily dwellings, competent persons with the following qualifications:
(B) Persons who have been certified as
residential electrical inspectors by a national certification
authority approved by the board
DIRECTOR and who have furnished satisfactory evidence of at least
two years' practical experience in the inspection of residential
dwellings.
(b) Any employee of a private, municipal,
or cooperative electric utility rendering service to the ultimate
public shall be prohibited from employment as an electrical inspector
only when in the performance of any electrical work as defined
in this article. Electrical inspectors performing electrical inspections
who are employed by any city, town, county, or city and county
shall possess the same qualifications required of state electrical
inspectors under this section, shall be registered with the board
DIRECTOR prior to the assumption of their duties, shall not inspect
any electrical work in which such inspector has any financial
or other personal interest, and shall not be engaged, within the
jurisdiction employing such inspector, in the electrical business
by contracting, supplying material, or performing electrical work
as defined in this article.
SECTION 200 1223116 (1), (2), (3), (4), (6) (a), (8), (9) (c), and (9) (d), Colorado Revised Statutes, are amended to read:
1223116. Inspection
application standards. (1) Any
individual required to have electrical inspection under this article
may apply through any private, municipal, or cooperative electric
utility rendering service to the ultimate public for an application
for inspection, except where any incorporated town or city, any
county, or any city and county of this state has an established
building department where applications for building permits and
inspections are processed, in which case such individual shall
apply to such building department. Such utility shall provide
forms furnished by the board
DIRECTOR to the applicant, who shall remit the application for
inspection to such board
DIRECTOR on such forms. Upon payment by the applicant of the
applicable fee to the board
DIRECTOR, the board
DIRECTOR shall issue a temporary permit to the applicant and shall
remit a copy of such permit to the utility and the state inspector
responsible for such inspection and retain one copy in its office.
Upon final inspection and approval by the state electrical inspector,
written notice shall be issued by the board
DIRECTOR to the applicant, the utility, and the state inspector
responsible for such inspection, and one copy shall be retained
in the office of the board
DIRECTOR. No utility shall provide service to any person required
to have electrical inspection under this article without proof
of final approval as provided in this subsection (1); except that
such service shall be provided in those situations determined
by the local electrical inspection authority, or by the board
DIRECTOR, whichever shall have jurisdiction, to be emergency situations
for a maximum period of seven days or until such inspection has
been made.
(2) Any electrical installation in any
new construction or remodeling or repair, other than manufactured
units certified by the division of housing pursuant to section
2432715, C.R.S., except in any incorporated town or
city, any county, or any city and county having its own electrical
code and inspection equal to the minimum standards as are provided
in this article, shall be inspected by a state electrical inspector.
A state electrical inspector shall inspect any new construction,
remodeling, or repair subject to the provisions of this subsection
(2) within three working days after the receipt of the application
for inspection. If the inspection is not performed within five
working days, work may resume on any such construction, repair,
or remodeling. Prior to the commencement of any such electrical
installation, the person making such installation shall make application
for inspection and pay the required fee therefor. Every mobile
home or movable structure owner shall have the electric utility
hookup for such mobile home or movable structure inspected prior
to obtaining new or different utility service; except that nothing
in this subsection (2) shall require a reinspection of electrical
hookup facilities of any mobile home park or any mobile home or
other movable structure by reason of the relocation of a mobile
home or other movable structure within the park where a previous
inspection has been performed, unless construction or remodeling
or repair of such mobile home park hookup facilities or of the
mobile home or other movable structure involving the electrical
system has been performed, and except that, if the wiring thereof
has not been altered and either such mobile home or movable structure
has a valid state electrical board
DIRECTOR approval sticker in the panel of the mobile home or movable
structure with the number of the unit listed, the date inspected,
and the inspector's signature or if such mobile home or movable
structure has been certified by the division of housing in the
department of local affairs after June 30, 1988, the occupant
of the mobile home or movable structure may call the board with
this information, and the board
DIRECTOR will authorize the reinstallation of the meter by the
utility company.
(3) A state electrical inspector shall
inspect the work performed, and, if such work meets the minimum
standards set forth in the national electrical code referred to
in section 1223104 (3) (a), a certificate of approval
shall be issued by the inspector. If such installation is disapproved,
written notice thereof together with the reasons for such disapproval
shall be given by the inspector to the applicant. If such installation
is hazardous to life or property, the inspector disapproving it
may order the electrical service thereto discontinued until such
installation is rendered safe, and shall send a copy of the notice
of disapproval and order for discontinuance of service to the
supplier of electricity. The applicant may appeal such disapproval
to the board
DIRECTOR and shall be granted a hearing by the board
DIRECTOR within seven days after notice of appeal is filed with
the board
DIRECTOR. After removal of the cause of such disapproval, the
applicant shall make application for reinspection in the same
manner as for the original inspection, and pay the required reinspection
fee.
(4) Each application, certificate of approval,
and notice of disapproval shall contain the name of the property
owner, if known, the location and a brief description of the installation,
the name of the general contractor if any, the name of the electrical
contractor or licensed electrician and state license number, the
state electrical inspector, and the inspection fee charged for
the inspection. The original of a notice of disapproval and written
reasons for disapproval and corrective actions to be taken shall
be mailed to the board
DIRECTOR, and a copy of such notice shall be mailed to the electrical
contractor, within two working days after the date of inspection,
and a copy of the notice shall be posted at the installation site.
Such forms shall be furnished by the board
DIRECTOR, and a copy of each application, certificate, and notice
made or issued shall be filed with the board
DIRECTOR.
(6) (a) All inspection permits issued
by the board
DIRECTOR shall be valid for a period of twelve months, and the
board
DIRECTOR shall cancel the permit and remove it from its files
at the end of the twelvemonth period, except in the following
circumstances:
(I) If an applicant makes a showing at
the time of application for a permit that the electrical work
is substantial and is likely to take longer than twelve months,
the board
DIRECTOR may issue a permit to be valid for a period longer than
twelve months, but not exceeding three years.
(II) If the applicant notifies the board
prior to the expiration of the twelvemonth period of extenuating
circumstances, as determined by the board
DIRECTOR, during the twelvemonth period, the board
DIRECTOR may extend the validity of the permit for a period not
to exceed six months.
(8) In the event that any incorporated
town or city, any county, or any city and county intends to commence
or cease performing electrical inspections in its respective jurisdiction,
it shall commence or cease the same only as of July 1 of any year,
and written notice of such intent shall be given to the board
DIRECTOR on or before October 1 of the preceding calendar year.
If such notice is not given and the use of state electrical inspectors
is required within such notice requirement, the respective local
government of the jurisdiction requiring such inspections shall
reimburse the state electrical board
DIRECTOR for any expenses incurred in performing such inspections,
in addition to transmitting the required permit fees.
(9) (c) If the request is not granted
within ten days after it is filed, it may be treated as rejected.
Any person aggrieved by the action of the program administrator
in refusing the review requested or in failing or refusing to
grant all or part of the relief requested may file a written complaint
and request for a hearing with the board
DIRECTOR, specifying the grounds relied upon.
(d) Any hearing before the board
DIRECTOR shall be held pursuant to the provisions of section 244105,
C.R.S.
SECTION 210 The introductory portion to 1223117 (1) and 1223117 (2), Colorado Revised Statutes, are amended to read:
1223117. Inspection fees.
(1) As established pursuant to section 2434105, C.R.S.,
inspection fees shall be charged by the state
electrical board DIRECTOR for the
following categories:
(2) (a) Because electrical inspections are matters of statewide concern, EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (2), the maximum fees, established annually, chargeable for electrical inspections by any city, town, county, or city and county shall not be more than fifteen percent above those provided for in this section, and no such local government shall impose or collect any other fee or charge related to electrical inspections or permits.
(b) SUBJECT TO APPROVAL BY THE DIRECTOR, THE MAXIMUM FEES ESTABLISHED FOR ELECTRICAL INSPECTIONS BY ANY QUALIFIED PERMITTING AND INSPECTION PROGRAM INVOLVING TWO OR MORE LOCAL GOVERNMENT AUTHORITIES OPERATING WITH AN INTERGOVERNMENTAL AGREEMENT SHALL NOT BE MORE THAN THIRTY PERCENT ABOVE THOSE PROVIDED FOR IN THIS SECTION, AND NO SUCH QUALIFIED PERMITTING AND INSPECTION PROGRAM SHALL IMPOSE OR COLLECT ANY OTHER FEE OR CHARGE RELATED TO ELECTRICAL INSPECTIONS OR PERMITS.
SECTION 220 The introductory portion to 1223118 (1), 1223118 (1) (b), (1) (c), (1) (d), (1) (e), (1) (g), (4) (a), (4) (b)(II), (4) (c) (II), (4) (d), (5) (a), the introductory portion to 1223118 (5) (b), and 1223118 (6) (c) and (6) (d), Colorado Revised Statutes, are amended to read:
1223118. Violations
citations settlement agreements hearings
fines. (1) The board
DIRECTOR may deny, suspend, revoke, or refuse to renew any license
or registration issued or applied for under the provisions of
this article, may place a licensee or registrant on probation,
or may issue a citation to a licensee, registrant, or applicant
for licensure for any of the following reasons:
(b) Violation of the rules and regulations
or orders promulgated by the board
DIRECTOR in conformity with the provisions of this article or
aiding or abetting in such violation;
(c) Failure or refusal to remove within
a reasonable time the cause of the disapproval of any electrical
installation as reported on the notice of disapproval, but such
reasonable time shall include time for appeal to and a hearing
before the board
DIRECTOR;
(d) Failure or refusal to maintain or
adhere to the minimum standards set forth in rules and regulations
adopted by the board
DIRECTOR pursuant to section 1223104 (2) (a);
(e) Any cause for which the issuance of
the license could have been refused had it then existed and been
known to the board
DIRECTOR;
(g) Conviction of or acceptance of a plea
of guilty or nolo contendere by a court to a felony. In considering
the disciplinary action, the board
DIRECTOR shall be governed by the provisions of section 245101,
C.R.S.
(4) (a) If pursuant to an inspection
or investigation by a state electrical inspector the board
DIRECTOR concludes that any licensee, registrant, or applicant
for licensure has violated any provision of subsection (1) of
this section and that disciplinary action is appropriate, the
program administrator or the program administrator's designee
may issue a citation in accordance with subsection (6) of this
section to such licensee, registrant, or applicant.
(b) (II) All stipulated settlement
agreements shall be conducted pursuant to rules adopted by the
board
DIRECTOR pursuant to section 1223104 (2) (a). The
board
DIRECTOR shall adopt a rule to allow any licensee, registrant,
or applicant unable, in good faith, to settle with the program
administrator to request an administrative hearing pursuant to
paragraph (c) of this subsection (4).
(c) (II) For good cause the board
DIRECTOR may extend the period of time in which a person who has
been cited may request a hearing.
(d) Any action taken by the board
DIRECTOR pursuant to this section shall be deemed final after
the period of time extended to the licensee, registrant, or applicant
to contest such action pursuant to this subsection (4) has expired.
(5) (a) The board
DIRECTOR shall adopt a schedule of fines pursuant to paragraph
(b) of this subsection (5) as penalties for violating subsection
(1) of this section. Such fines shall be assessed in conjunction
with the issuance of a citation, pursuant to a stipulated settlement
agreement, or following an administrative hearing. Such schedule
shall be adopted by rule in accordance with section 1223104
(2) (a).
(b) In developing the schedule of fines,
the board
DIRECTOR shall:
(6) (c) If the recipient fails to
give written notice to the board
DIRECTOR that the recipient intends to contest such citation or
to negotiate a stipulated settlement agreement within ten working
days after service of a citation by the board
DIRECTOR, such citation shall be deemed a final order of the board
DIRECTOR.
(d) The board
DIRECTOR may suspend or revoke a license or registration or may
refuse to renew any license or registration issued or may place
on probation any licensee or registrant if the licensee or registrant
fails to comply with the requirements set forth in a citation
deemed final pursuant to paragraph (c) of this subsection (6).
SECTION 230 2434104 (32), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
2434104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (32) The following function of the specified agency shall terminate on July 1, 2003:
(d) THE REGULATION OF ELECTRICIANS BY THE DIRECTOR OF THE DIVISION OF REGISTRATIONS PURSUANT TO ARTICLE 23 OF TITLE 12, C.R.S.
SECTION 24. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 25. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to acts committed on or after said date.
SECTION 26. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.