010.13.13 Ark. Code R. § 001 - Rules of the Electrical Examiners - Licensing of electrical inspectors

010.13 Administrative Regulations of the Board of Electrical Examiners of the State of Arkansas

Amendment 1. The Administrative Regulations of the Board of Electrical Examiners are amended to provide a new rule on electrical inspectors pursuant to Act 756 of 2013, to read as follows:

010.13-021 Electrical Inspectors

A. Definition

1. "Electrical Inspector" means any individual who is limited by license classification to inspecting the electrical work of others for code compliance or verifying mandatory licensing or permitting requirements as an employee of, or on behalf of, the State of Arkansas or any political subdivision of the state.

2. "Political subdivision of the state" means any state or local governmental entity including without limitation, any state agency, board, commission, state supported institution of higher education, city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state.

B. License Requirement

No person shall perform work as an electrical inspector for the state or any political subdivision of the state without a license issued by the Board of Electrical Examiners of the State of Arkansas

C. Application and Qualifications

1. A person shall apply for licensure as an electrical inspector on a form approved by the Board of Electrical Examiners within thirty (30) days of employment or appointment as an electrical inspector.

2. Any person employed or appointed as an electrical inspector by the state or a political subdivision of the state on the effective date of these regulations, shall apply for licensure no later than April 1, 2014.

3. Any person employed or appointed as an electrical inspector by the state or a political subdivision of the state on the effective date of these regulations shall be qualified, without additional proof of experience, for licensure as an electrical inspector and shall submit proof of the following with the application:

a. proof of current employment or appointment as an electrical inspector by the state or a political subdivision of the state;

b. proof of employment or appointment as an electrical inspector by the state or a political subdivision of the state on the effective date of these regulations; and

c. a license fee of $50.00.

4. Any person not employed or appointed as an electrical inspector by the state or a political subdivision of the state on the effective date of these regulations shall submit the following with the application:

a. proof of current employment or appointment as an electrical inspector with the state or any political subdivision of the state;

b. a license fee of $50.00; and

c. proof of work experience as follows:

(i) licensure by the Board of Electrical Examiners of the State of Arkansas as a master electrician or a journeyman electrician, or by the State of Arkansas as an electrical engineer;

(ii) four (4) years of experience working with the materials and methods used in the installation of electrical equipment and facilities; or

(iii) a combination of training and experience as the Board may approve as being equivalent to that as specified in (i) through (ii) above. In such an event, the Board may impose training requirements in addition to the annual continuing education requirement of Section E., as a condition of obtaining or maintaining licensure as an electrical inspector.

5. Any person licensed pursuant to 010.13-021(C)(3) above must maintain continuous employment as an electrical inspector by the state or a political subdivision of the state, or be required to submit proof of work experience as required by 010.13-021(C)(4) upon renewal.

D. Renewal of License

1. All electrical inspector licenses shall expire January 1 of each year.

2. Application for renewal of an electrical inspector license shall include:

a. proof of continued employment or appointment as an electrical inspector with the state or any political subdivision of the state;

b. proof of sixteen (16) hours of continuing education as approved by the Board of Electrical Examiners; and

c. payment of an annual license fee of $50.00.

3. Any outstanding civil money penalty must be paid before a license may be renewed.

E. Continuing Education

1. An electrical inspector shall complete sixteen (16) hours of continuing education each calendar year. Proof of this continuing education is required for license renewal, regardless of the date of original licensure.

2. Beginning January 2014, during the first year of each 3-year publication cycle of the National Electrical Code, annual continuing education training shall consist of:

a. 8 hours on the changes contained in the National Electrical Code as currently adopted or pending adoption by the Board of Electrical Examiners; and

b. 8 hours of training sponsored by the Arkansas Department of Labor.

3. During the second and third year of each 3-year publication cycle of the National Electrical Code, annual continuing education training shall consist of:

a. 8 hours of training sponsored by the Arkansas Department of Labor; and

b. 8 hours of training sponsored by the Arkansas Department of Labor or a nationally recognized inspector organization as approved by the Board.

4. The costs of training provided by the Arkansas Department of Labor shall be $50 per 8-hour session.

5. Instructors shall get continuing education credit for teaching a class on an hour-for-hour basis.

F. Revocation, Suspension, Surrender and Denial of License.

1. The Board has the authority to revoke or suspend an electrical inspector's license for just cause subject to hearing before the Board pursuant to the Arkansas Administrative Procedures Act, Ark. Code Ann. § 25-15-201 et seq. Additional procedures are contained in Regulation 010.13-014, herein.

2. Just cause shall include, but not be limited to the following:

a. willful failure to inspect to the standards of the State Electrical Code as adopted by the Board of Electrical Examiners;

b. violating a provision of Ark. Code Ann. 17-55-101 et seq.;

c. violating any statutory provision relating to electricians, if the inspector is also a licensed electrician or electrical apprentice;

d. violating a rule, regulation or order issued or promulgated by the Board; or

e. violating a condition of a license issued by the Board.

G. Civil Money Penalties

1. A civil penalty may be assessed against an electrical inspector by the Department of Labor and subject to appeal and hearing before the Board pursuant to the Administrative Procedures Act, Ark. Code Ann. § 25-15-201 et seq., if it is determined that the electrical inspector has violated:

a. a provision of Ark. Code Ann. § 17-55-101 et seq.;

b. a rule, regulation or order issued or promulgated by the Board; or

c. a condition of a license issued by the Board.

2. The provisions and procedures contained in Rule 010.13 -105 herein apply to civil money penalties assessed against electrical inspectors.

H. Prohibited Conduct

1. Licensure as an electrical inspector does not qualify or authorize a person to act as an electrician.

2. An electrical inspector shall not inspect electrical work that he/she installed or supervised.

3. An electrical inspector shall perform electrical inspections only within the political subdivision in which he/she is employed. An electrical inspector may be employed by multiple political subdivisions and may perform electrical inspection in each.

I. Other Provisions

1. A person licensed as a master or journeyman electrician who is also employed as a licensed electrical inspector shall be exempt from:

a. license renewal fees for the master or journeyman electrician license pursuant to Regulation 010.13 -013(D), provided the person holds a current electrical inspector license; and

b. continuing education requirements for the master or journeyman license pursuant to Regulation 010.13 -019, provided the continuing education requirements for an electrical inspector pursuant to Regulation 010.13-021(E), are met.

2. Nothing in this regulation shall be construed to require a person to hold a license to perform electrical work on their own primary residence except as otherwise required by state law, rules, or local ordinances.

3. An electrical inspector employed by the Arkansas Department of Labor may perform electrical inspections anywhere within the State of Arkansas.

4. Nothing in this regulation shall be construed to prohibit a person licensed as an electrical inspector or an electrician from performing work free of charge on his or her own properties, properties of family members, or for a non-profit charity if the person holds the requisite license for the work performed free of charge.

Amendment 2. Regulation 010.13-021 of the Board of Electrical Examiners is amended to read as follows:

010.13-022 Effective Date, Repealer and History.

A. Effective June 1, 2008 all previous regulations promulgated by the Board are hereby repealed.

B. The effective date of these regulations is June 1, 2008.

C. History

1. The Board of Electrical Examiners first promulgated regulations effective September 12, 1979. These regulations were amended effective October 15, 1987.

2. All previous rules and regulations of the Board were repealed and new rules and regulations were adopted effective January 1, 1992. These regulations were amended effective January 19, 1993; September 29, 1993; January 15, 1996; June 1, 1999; and July 1, 1999

3. All previous rules and regulations of the Board were repealed and new rules and regulations were adopted effective September 1, 1999. These regulations were amended effective August 20, 2001; January 1, 2002; April 1, 2002; April 1, 2004; November 1, 2004; October 1, 2005; and June 1, 2006.

4. All previous rules and regulations of the Board of Electrical Examiners were repealed and new rules and regulations were adopted effective June 1, 2008. [Note: Rule 010.13-019 was amended effective September 1, 2008 by adding subsection (E)].

5. Regulations 010.13-009, 010.13-011, and 010.13-012 pertaining to Specialist Sign Electricians and examination fees were amended by emergency regulation effective July 31, 2009. These changes were adopted as permanent regulations effective February 1, 2010. Regulation 010.13-012(H)(5) was also added by the permanent regulation.

6. Effective December 15, 2011 the following Rules were amended: Rule 010.13-008(B)(to update the National Electrical Code to the 2011 edition).

7. Regulation 010.13-021 pertaining to the licensure of electrical inspectors, was adopted with an effective date of February 10, 2014.

Notes

010.13.13 Ark. Code R. § 001

1/8/2014