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Second Regular Session

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  Repeal. 24­1­122 (3) (ff), Colorado Revised Statutes, is repealed as follows: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.