Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
198B.050,
211.350,
227.460,
227.480,
227.487,
227.491
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
227.480(1)(b) requires the
Department of Housing, Buildings and Construction to promulgate administrative
regulations to describe the circumstances for which inspections are required
for electrical construction, installations, alterations, or repairs.
KRS
198B.060(18) authorizes the
department to establish a schedule of fees for the functions it performs
pursuant to KRS Chapter 198B. This administrative regulation establishes the
requirements for inspections of electrical construction, installations,
alterations, and repairs.
Section 1.
Jurisdiction.
(1) State jurisdiction.
(a) The department shall conduct electrical
inspections for state-owned property, including each building constructed by
the state under the authority of the Finance and Administration
Cabinet.
(b) An electrical
inspector employed by the department shall inspect any electrical work subject
to inspection within a local jurisdiction if a certified electrical inspector
has not been made available by the local government.
(c) An electrical inspector employed by the
department may assert jurisdiction for the electrical inspection of a project
subject to state plan review pursuant to Kentucky Building Code,
815 KAR
7:120.
(d)
An electrical inspector employed by the department may inspect a state leased
facility that is not otherwise subject to state inspection pursuant to this
section, upon request.
(2) Local jurisdiction. A local electrical
inspector shall conduct electrical inspections pursuant to
KRS
198B.060.
Section 2. Permits.
(1) Prior to the commencement of electrical
work subject to state inspection, the electrical contractor, property owner, or
other person responsible for the electrical work to be performed shall request
and obtain a permit from the department.
(2) The person requesting a permit shall
submit to the department "Electrical Permit Application" on Form
EL-13.
(3) It shall be the
obligation of the contractor, property owner, or other person responsible for
the electrical work to supply the complete value of the electrical work,
including labor and material costs, regardless of the purchaser.
(4) The department shall request other
documented proof of costs from the responsible person or owner if the true
value is in question.
Section
3. Electrical Inspections.
(1)
Except as provided in subsection (2) of this section, the department or a local
certified electrical inspector having jurisdiction shall inspect each
electrical construction, installation, alteration, or repair to ensure
compliance with NFPA 70, the National Electrical Code, incorporated by
reference in
815 KAR
7:120, Kentucky Building Code,
815 KAR
7:125, Kentucky Residential Code, and
815 KAR
10:060, Kentucky Standards of Safety.
(2) Exemptions from Electrical Inspections.
Electrical inspections shall not be required for:
(a) Electrical work beyond the scope of NFPA
70;
(b) Electrical work that is
exempt from permitting requirements pursuant to:
1. Section 105.2 of the Kentucky Building
Code,
815 KAR
7:120;
2.
Section 2703.2 of the Kentucky Building Code,
815 KAR
7:120; or
3. Section R105.2 of the Kentucky Residential
Code,
815 KAR
7:125;
(c) Electrical wiring under the exclusive
control of electric utilities, in accordance with
KRS
227.460;
(d) Electrical wiring of a surface coal mine,
an underground coal mine, or at a coal preparation plant;
(e) Appliances; and
(f) Electrical work performed beyond the
service disconnect by or on behalf of the Kentucky Transportation Cabinet by
pre-qualified contractors within the public right of way, which is not related
to buildings for human occupancy.
(3) The department or a local electrical
inspector having jurisdiction shall perform an electrical inspection upon
discovery or receipt of information indicating that electrical work requiring a
permit pursuant to
KRS
227.480,
815 KAR
7:120, Kentucky Building Code, or
815 KAR
7:125, Kentucky Residential Code has been performed
without a permit.
(4) Inspection
scheduling.
(a) The permit holder or property
owner shall be responsible for scheduling an inspection with the electrical
inspection authority for the jurisdiction.
(b) Each electrical inspection shall be
completed within five (5) working days of the request for inspection, except
for an inspection performed pursuant to subsection (3) of this
section.
(c) An inspection
performed pursuant to subsection (3) of this section shall be conducted and
completed within five (5) working days of discovery or receipt of information
indicating that the electrical work has been performed.
(5) Rough-in inspections.
(a) Rough-in inspections shall be required
only if any portion of the electrical work will be covered or concealed. The
rough-in inspection shall be conducted prior to covering or
concealment.
(b) A rough-in
inspection may be requested for part of the electrical work on a project or all
the electrical work on a project.
(c) Upon completion of the rough-in
inspection, an electrical inspector shall attach a red sticker with his or her
signature and certification number on the main service equipment or at some
other appropriate location.
(6) Prohibition on covering.
(a) If an installation is covered without
prior inspection, the electrical inspector shall require the system to be
uncovered for inspection, unless unnecessary to perform the
inspection.
(b) If conditions
require partial coverage of the permitted electrical work, permission shall be
requested and received from the electrical inspector prior to
coverage.
(c) If in the judgment of
the electrical inspector uncovering the electrical work is likely to result in
more damage, then exposing the electrical work shall only occur at the request
of the property owner.
(7) Final inspections. A final inspection
shall be conducted by the department or electrical inspector having
jurisdiction after completion of the permitted electrical work and prior to
use.
(8) Voluntary inspections. An
inspection for any electrical construction, installation, alteration, repair,
or maintenance normally exempt from inspections pursuant to subsection (2) of
this section may be requested to be performed by the department or electrical
inspector having jurisdiction.
(9)
Construction service approval. A temporary construction service approval for a
construction site shall receive a green sticker and a certificate of
approval.
(10) Service only
approval. A "service only" approval may be issued by the inspector to provide
temporary power for heating and lighting for the building during completion of
construction and shall not authorize occupancy of the facility. The sticker
issued for "service only" approval shall be yellow.
Section 4. Access. All access, equipment, and
material necessary for inspections shall be provided by the property owner or
person obtaining the electrical permit or requesting the electrical
inspection.
Section 5. Fees for
State Inspections.
(1) The electrical
contractor, property owner, or other person responsible for the electrical work
shall pay the department the inspection fee required by this section.
(2) A certificate of inspection or other
final approval of an electrical construction, installation, alteration, or
repair shall not be issued by the department until the fee required by this
subsection has been paid.
(3) The
fee to inspect electrical work having a complete value of less than $8,000
shall be $125.
(4) The fee to
inspect electrical work having a complete value more than $8,000 but less than
$16,500 shall be $250.
(5) The fee
to inspect electrical work having a complete value more than $16,500 but less
than $25,000 shall be $500.
(6) The
fee to inspect electrical work having a complete value of $25,000 or more shall
be calculated as a percentage of the complete value in accordance with the
schedule established in this subsection.
Amount in dollars |
Permit fee |
$25,000 to $199,999 |
2.0% |
$200,000 to $299,999 |
1.9% |
$300,000 to $499,999 |
1.5% |
$500,000 to $699,999 |
1.3% |
$700,000 to $999,999 |
1.1% |
$1,000,000 & Higher |
1.0% |
Section
6. Certificate of Approval.
(1)
Upon final approval of an electrical installation, the electrical inspector
shall:
(a) Attach a green sticker to the main
service equipment:
1. With his or her
signature and certification number, name of the project, and location;
and
2. Stating that the system has
been inspected for compliance with the code; and
(b) Provide the owner or the owner's agent
with a certificate of approval.
(2) For an installation subject to
KRS
211.350, the electrical inspector shall not
issue a certificate of approval or otherwise release the property for the
supply of electricity until he or she has received the local health
department's "Final Notice of Release" and has recorded its number upon the
certificate of approval.
Section
7. Stickers. A red sticker for rough-in inspections pursuant to
Section 3(5)(b), yellow sticker for service only pursuant to Section 3(9)(b),
or green sticker or a certificate of approval pursuant to Section 6(1)(a) of
this administrative regulation shall be of a type and format issued or approved
by the department.
Section 8.
Incorporation by Reference.
(1) "Electrical
Permit Application", Form EL-13, May 2020 is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Housing, Buildings and Construction, Electrical Section, 500 Mero
Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
and is available online at
http://dhbc.ky.gov/Pages/default.aspx.
815 KAR 35:020:
39 Ky.R. 363; 769;
eff. 11-2-2012; 42 Ky.R. 540; 1195; eff. 11-6-2015; 45 Ky.R. 841; eff.
1-4-2019; TAm eff. 5-29-2020;
48
Ky.R. 1664; eff. 5/3/2022.
STATUTORY AUTHORITY:
KRS
198B.060(18),
227.480(1)(b)