Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
227A.010,
227A.060,
227A.100,
339.230,
29 C.F.R.
570
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
227A.040(1) requires the
Department of Housing, Buildings and Construction to administer and enforce
KRS
227A.010 to
227A.140 and evaluate the
qualifications of applicants for electrical licensure.
KRS
227A.040(8) authorizes the
Department of Housing, Buildings and Construction to promulgate administrative
regulations to establish procedures governing the licensure of electrical
contractors, master electricians, and electricians.
KRS
227A.100(9) authorizes the
department to promulgate administrative regulations governing an inactive
license. This administrative regulation establishes the eligibility
requirements and application procedures for the licensing of electrical
contractors, master electricians, and electricians.
Section 1. Initial Application Requirements.
(1) Filing the application.
(a) Electrical contractor. An applicant
seeking an electrical contractor's license shall submit to the department:
1. A completed Electrical Contractor's
License Application, Form EL-2;
2.
An application fee of $200 for a twelve (12) month license;
3. The name and license number of the master
electrician affiliated with the applicant; and
4. Proof of insurance as required by
KRS
227A.060(1)(c).
(b) Master Electrician. An applicant seeking
a master electrician license shall submit to the department:
1. A completed Electrical License
Application, Form EL-3;
2. An
application fee of $100 for a twelve (12) month license; and
3. Proof of the applicant's experience as
established by KRS
227A.060(2)(b) and this
administrative regulation.
(c) Electrician. An applicant seeking an
electrician license shall submit to the department:
1. A completed Electrical License
Application, Form EL-3;
2. An
application fee of fifty (50) dollars for a twelve (12) month license;
and
3. Proof of the applicant's
experience as established by
KRS
227A.060(3)(b) and this
administrative regulation.
(d) The application fees may be prorated for
not less than seven (7) months or more than eighteen (18) months and shall
expire on the final day of the applicant's birth month.
(2) Photograph requirement. All electrical
license applicants shall submit a passport-sized color photograph of the
applicant taken within the past six (6) months.
(3) Voiding of application.
(a) The initial application shall remain
pending until all requirements are met, up to a period of one (1) year after
the date the application is submitted.
(b) At the end of the one (1) year, the
application shall be void.
Section 2. Reciprocity. An applicant for
reciprocity shall:
(1) Comply with:
(a) The requirements established in the
reciprocity agreement between Kentucky and the state in which the applicant is
licensed;
(b) The general
application requirements in Section 1(2) of this administrative
regulation;
(2) Provide:
(a) A copy of the applicant's license from
the participating state;
(b) A
letter of good standing from the licensing authority of the state in which the
applicant is currently licensed; and
(3) If applying for an electrical
contractor's license, proof of insurance as required by
KRS
227A.060(1)(c).
Section 3. Verification of Experience.
(1) Records of experience. Proof of
experience shall be provided by:
(a) Tax
returns or other official tax documents that indicate the applicant's
occupation or the nature of the applicant's business activities, including
Federal Schedule C, Form 1040, Form 1099, or local occupational tax
returns;
(b) A copy of a business
license issued by a county or municipal government that did not issue
electrical contractor's, master electrician's, or electrician's licenses prior
to June 24, 2003, if the business license indicates the applicant operated as
an electrical contractor or worker;
(c) A sworn affidavit, on the affiant's
letterhead, certifying that the affiant has personal knowledge that the
applicant has engaged in electrical work under the scope of the National
Electrical Code, NFPA 70, incorporated by reference in
815 KAR 7:120 and
815 KAR 7:125, from at least one
(1) of the following:
1. An electrical
workers union;
2. A licensed
electrical contractor and licensed master electrician the applicant was or
currently is employed by;
3. An
industrial manufacturing facility or natural gas pipeline facility the
applicant was or currently is employed by; or
4. An electrical training program that has
been approved by the department pursuant to
815 KAR 35:090 and is an
apprenticeship program registered in accordance with
787 KAR
3:010.
(d) Records of a branch of the United States
Armed Forces that indicate the applicant performed a function that primarily
involved electrical work. Experience gained while in the military shall be
deemed to have been earned in Kentucky.
(2) An applicant for a master electrician
license or electrician license attending an accepted electrical training
program in accordance with
815 KAR 35:090 shall provide with
his or her application:
(a) An affidavit from
the director or authorized agent of the electrical training program confirming
the applicant's participation in the electrical training program; and
(b) Documentation that the applicant has
completed the required number of hours in accordance with
815 KAR
35:090.
(3) Additional proof of experience shall be
requested by the department, prior to or after licensing, if the department has
reason to believe that the experience shown is insufficient or
nonexistent.
(4) One (1) year of
electrical experience shall consist minimally of 1,600 hours of electrical work
under the scope of the National Electrical Code, NFPA 70, incorporated by
reference in
815 KAR 7:120 and
815 KAR 7:125, in a continuous
twelve (12) month period.
Section
4. Examinations.
(1) An applicant
for an electrical contractor's license, master electrician's license, or
electrician's license shall pass, with a minimum score of seventy (70) percent,
an examination administered by an approved examination provider.
(2) A passing score shall be valid for a
period of three (3) years.
(3)
Reasonable accommodations shall be made to provide accessibility to disabled
applicants, upon request.
(4) For
an electrical contractor's license, an applicant that is a business entity
shall designate a person to take the examination on behalf of the applicant.
The designee shall be:
(a) An owner of the
applicant's business;
(b) An
officer of the applicant's business;
(c) A director of the applicant's business;
or
(d) A full-time employee of the
applicant's business.
(5)
Upon application by a testing agency, a national code group, or by an applicant
for licensure, the department may recognize another examination as equivalent
to an examination administered by an approved examination provider. The person
or group submitting the examination shall demonstrate that the examination
covers the same material and requires the same level of knowledge as the
approved examinations.
Section
5. Appeal Procedure.
(1) An
applicant denied a license may appeal the decision to the commissioner of the
department. The applicant shall submit written notice of the appeal to the
department within ten (10) business days of receiving notice that the license
application has been denied.
(2)
The appeal shall be conducted pursuant to KRS Chapter 13B by a hearing officer
appointed by the commissioner of the department.
Section 6. Proof of Insurance.
(1) An electrical contractor's insurance
policy shall name the department as the certificate holder.
(2) The applicant shall provide proof of
workers' compensation insurance by providing:
(a) An insurance certificate from an
insurance provider approved by the Kentucky Department of Insurance;
or
(b) A notarized statement that
the applicant is not required to obtain workers' compensation coverage and the
reason why the coverage is not required.
(3) Each electrical contractor shall require
the contractor's liability and workers' compensation insurers to provide notice
to the department if a policy:
(a) Is
cancelled, terminated, or not renewed; or
(b) Limit is lowered.
(4) An electrical contractor shall advise the
department of:
(a) A change in the
contractor's insurance coverage, including cancellation or termination of any
policy;
(b) A change in the insurer
providing the coverage; or
(c)
Changed circumstances that require the contractor to obtain coverage.
Section 7. Inactive
License Status.
(1) A licensee may request
that a license be placed in inactive status.
(2) An electrical contractor whose license is
in inactive status shall not be required to maintain liability insurance or
provide proof to the department of compliance with workers' compensation
laws.
(3) A certified electrical
inspector may be licensed as an electrical contractor, master electrician, or
electrician, but shall maintain that license as inactive while having an active
electrical inspector certification.
(4) A licensee shall not perform electrical
work while the license is inactive. Performing work that requires a license
while holding an inactive license shall be grounds for revocation or suspension
of all electrical licenses and certifications held by the licensee.
Section 8. Renewal Requirements.
(1) A license shall be valid for one (1) year
and shall be renewed on or before the last day of the licensee's birth month.
For electrical contractor licenses issued to corporations, partnerships, or
business entities without a birth month, the renewal shall occur on or before
the last day of the month the license was issued.
(2) Filing for renewal. An electrical
contractor, a master electrician, or an electrician shall submit to the
department:
(a) A completed form DHBC L-1,
Licensing Renewal Application;
(b)
A renewal fee of:
1. $200 for an electrical
contractor;
2. $100 for a master
electrician; and
3. Fifty (50)
dollars for an electrician;
(c) Proof of annual continuing education in
accordance with
815 KAR 2:010; and
(d) Proof of insurance as required by
KRS
227A.060(1)(c) and this
administrative regulation for an electrical contractor.
(3)
(a) A
licensee who is in inactive status shall be exempt from annual
renewal.
(b) An inactive license
shall be reactivated upon payment of the annual renewal fee, the reactivation
fee, and upon compliance with the continuing education requirements established
in 815 KAR
2:010.,
Section 9. Reinstatement and Late Fees.
(1) Application, renewal, reinstatement, and
late fees shall not be refundable.
(2) The reinstatement fee for a terminated
license pursuant to KRS 227A.100(4)
shall be equal to the license renewal fee and shall be paid in addition to the
license renewal fee.
(3) The late
renewal fee shall be fifty (50) dollars. If all documents required to be
submitted for renewal are postmarked on or before the last day of the renewal
month, the filing shall be considered timely, and a late fee shall not be
assessed.
Section 10.
Change of Information.
(1) An electrical
contractor and a master electrician shall notify the department of any change
to the name of the electrical contractor's or master electrician's business and
its address, employer, and the employer's address each time a change of
information is made.
(2)
(a) Except as stated in subsection (3) of
this section, if an electrical contractor designated by an entity as
established in Section 4(4) of this administrative regulation leaves the
employment or no longer maintains an interest in that entity, the entity shall
designate another person who either:
1. Has
passed the electrical contractor's examination; or
2. Successfully passes the electrical
contractor's examination within thirty (30) days.
(b) Failure to have a designee that has
passed the examination shall render the licensee no longer qualified to be
licensed.
(3) Death of an
electrical contractor or master electrician.
(a) If the electrical contractor or master
electrician representing a company dies, the company shall notify the
department within ten (10) days of the electrical contractor's or master
electrician's death.
(b) The
180-day interim period established in
KRS
227.480 and
KRS
227A.140 shall begin on the date the
electrical contractor or master electrician dies.
(c) The company shall not be required to
renew the deceased's electrical contractor or master electrician license if the
license renewal date falls within the 180-day interim period.
(d) The company shall not use the deceased
electrical contractor's or master electrician's license after the expiration
date of the interim period.
(e) The
company shall notify the department when the company has a replacement
electrical contractor or master electrician to represent the company on or
before the expiration date of the interim period.
Section 11. Provisional License.
(1) Application. An applicant seeking a
provisional electrician license shall submit to the department:
(a) A completed Provisional Electrical
License Application Form, EL-14;
(b) An application fee of fifty (50)
dollars;
(c) A passport-sized color
photograph of the applicant taken within the past six (6) months; and
(d) Proof of the applicant's experience as
established by KRS
227A.060(4)(a) 2.
(e) The proof requested in paragraph (d) of
this subsection shall be satisfied with the documents listed in Section 3(1) of
this administrative regulation.
(2) Responsibilities. A provisional
electrician license holder shall have the same rights and responsibilities as
an electrician licensed pursuant to
KRS
227A.060(3) and this
administrative regulation.
(3)
Termination.
(a) A provisional electrician
license shall be valid for one (1) year from the date of issuance. The
provisional electrician license shall immediately terminate on the date of the
one (1) year anniversary of the issuance of the provisional electrician
license.
(b) The provisional
electrician license holder shall no longer have the rights and responsibilities
of an electrician licensed pursuant to
KRS
227A.060(3) and this
administrative regulation. The provisional electrician license holder shall
revert to the individual's unlicensed status before the issuance of the
provisional license.
Section 12. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Electrical Contractor's
License Application", Form EL-2, May 2020;
(b) "Electrical License Application", Form
EL-3, May 2020;
(c) "Provisional
Electrical License Application", Form EL-14, May 2020; and
(d) "Licensing Renewal Application", Form
DHBC L-1, April 2023.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of Housing, Buildings, and Construction,
Electrical Licensing, 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.
STATUTORY AUTHORITY:
KRS
227A.040(1), (8),
227A.060,
227A.100(9)