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HB 0215 - AN ACT relating to electrical inspections and licensure

Tracking Level: Neutral
Sponsor: S. Santoro
Last Action: 4/11/2012 - signed by Governor
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Staff Analysis of the Legislation

The bill creates the Electrical Division within the Public Protection Cabinet, Department of Housing, Buildings, and Construction and amends sections of Chapter 227A relating to electrical inspections, electricians, and electrical permits. Several provisions relate to local governments. Section 1 requires a person to apply for an electrical permit prior to the construction, alteration, or repair of electrical wiring in certain buildings. Section 2 requires the Department of Housing, Buildings, and Construction to "appoint and assign" a sufficient number of electrical inspectors to each county certified under the National Electrical Code. Section 3 grants the department authority to approve local government requests to issue permits, make inspections within their boundaries, and administer, carry out, and enforce administrative regulations related to electrical inspections. A local government cannot impose electrical inspection or permit requirements that exceed the state's requirements, unless those requirements were in place prior to January 1, 2012. Section 7 requires the department to establish a schedule of reasonable fees to be imposed uniformly across the state for electrical work that requires a permit. Section 11 retains existing provisions that allow electrical inspectors to immediately issue a stop-work order or recommend fines or other penalties if, in the judgment of the inspector, imminent danger to life or property exists. Local governments must petition the Commissioner of Housing, Buildings, and Construction if they want to perform local electrical permit functions and demonstrate they meet the requirements of KRS Chapter 227A. If a local government does not meet or continue to meet requirements, it will lose ability to perform electrical permit functions. Those functions, including the collection of associated permit fees, may then be assumed by the state. Persons who violate any provision of KRS Chapter 227A, administrative regulations related to KRS Chapter 227A, or the state's adopted electrical code, are subject to a fine of $1,000 to $2,000, imprisonment for not more than 90 days, or both.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text
12RS HB215
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HB215

12RS

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HB 215 (BR 93) - S. Santoro, L. Clark, B. Housman, C. Miller

     AN ACT relating to electrical inspections and licensure.
     Repeal and reenact all necessary sections of KRS 227.450 to 227.530, relating to electricians and electrical inspecting, as new sections of KRS Chapter 227A, relating to electrician licensure; establish permit requirements; set conditions for appointment as an electrical inspector, including removal of conflicts of interest; describe conditions where localities, including combinations of localities, may oversee electrical inspection and permitting; establish electrical inspector reporting and surety bond requirements; require the department to promulgate administrative regulations for fee schedules, inspection protocols, and reporting forms; set procedures for inspections and for dealing with work conducted without a permit; amend KRS 227A.010 to define "alteration," "commissioner," "division," "electrical inspector," and "repair"; amend KRS 227A.050 to send fees and other moneys to the department’s trust and agency account for the purposes of administering and enforcing all of KRS Chapter 227A; deposit all interest accrued by the account back into the account; amend KRS 227A.130 to add electrical inspection and permitting penalties to KRS Chapter 227A; amend KRS 198B.060 to allow local government petitions for electrical permits; clarify that the state will provide a certified electrical inspector for new building approvals; amend KRS 227.205 to create the electrical division within the department; amend KRS 132.815, 211.350, and 227A.030 to conform; repeal KRS 227.450 and 227.500.

HB 215 - AMENDMENTS


     HCS/LM - Retain original provisions, except create a new section of KRS Chapter 227A to require an electrician or master electrician for the installation, removal, or maintenance of load control or energy conservation devices on customer properties by an electric utility or cooperative; exclude low-voltage installations that are properly separated from a power source and that comply with KRS 227A.150; exempt both regular and low-voltage load control or energy conservation device installations from electrical inspection requirements; amend KRS 227.487 to direct an electrical inspector to give a copy of any cited electrical installation violations to the installation owner or owner's agent; remove the state's surety bond requirement if an electrical inspector is directly employed by a local government.
     HFA (1, C. Rollins II) - Retain original language of the committee substitute, except to delete language in Section 12(6) which states that an electrical inspector's findings may be presumed to be correct unless a party demonstrates that the inspector's findings are more likely than not incorrect (the deletion would make a presumption that the inspector's findings are correct unless a party demonstrates that the inspector is incorrect).
     HFA (2, R. Henderson) - Delete all provisions; create the Task Force on Electrical Inspection and Licensure; state that the purpose of the task force is to study the effect of possible changes to the laws on electrical inspection and licensure on Kentucky's electricians and electrical inspectors; require the task force to make recommendations based on its findings; mandate submission of the task force's final report by December 1, 2012; direct the task force to seek input from the state's electrical inspectors and electricians, the Department of Housing, Buildings, and Construction, and any other relevant parties; name the membership of the task force; empower the Legislative Research Commission to determine the final membership and study completion date; authorize the Legislative Research Commission to alternatively assign the identified issues to interim joint committees or their subcommittees.
     HFA (3, R. Henderson) - Delete all provisions; create the Task Force on Electrical Inspection and Licensure; state that the purpose of the task force is to study the effect of possible changes to the laws on electrical inspection and licensure on Kentucky's electricians and electrical inspectors; require the task force to make recommendations based on its findings; mandate submission of the task force's final report by December 1, 2012; direct the task force to seek input from the state's electrical inspectors and electricians, the Department of Housing, Buildings, and Construction, and any other relevant parties; name the membership of the task force; empower the Legislative Research Commission to determine the final membership and study completion date; authorize the Legislative Research Commission to alternatively assign the identified issues to interim joint committees or their subcommittees.
     HFA (4, S. Santoro) - Allow any combination of cities or jurisdictions operating an electrical permitting and inspection program to continue the program with department approval; authorize continued inspecting by a certified electrical inspector performing inspections as of April 1, 2009, if the inspector registers with the department by January 1, 2013, and is not employed by a city, jurisdiction, or combination of cities or jurisdictions; exempt from registration any electrical inspector who is employed by a city, jurisdiction, or combination of cities or jurisdictions; require the department to appoint and assign electrical inspectors to a jurisdiction that does not have an existing electrical permitting and inspection program by January 1, 2013, or an approved program after that date; appoint and assign inspectors if any electrical inspector who is performing inspections in the jurisdictions, but is not employed by them, has not registered with the department; direct the Department of Housing, Buildings and Construction to create a task force to study the effect of possible changes to the laws on electrical inspection and licensure on Kentucky's electricians and electrical inspectors; require the task force to include its findings and recommendations in its final report; direct the task force to seek input from the state's electrical inspectors, electricians, and any other relevant parties; name the membership of the task force; mandate submission of the task force's final report to the Legislative Research Commission by November 1, 2012; make technical corrections to conform.
     HFA (5, S. Santoro) - Delete all original provisions; direct the Department of Housing, Buildings, and Construction to create a task force to study the effect of possible changes to the laws on electrical inspection and licensure on Kentucky's electricians and electrical inspectors; require the task force to include its findings and recommendations in its final report; direct the task force to seek input from the state's electrical inspectors, electricians, and any other relevant parties; name the membership of the task force; mandate submission of the task force's final report to the Legislative Research Commission by November 1, 2012.

     Jan 5-introduced in House
     Jan 9-to Labor & Industry (H)
     Jan 20-posted in committee
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 21-2nd reading, to Rules
     Feb 27-posted for passage in the Regular Orders of the Day for Tuesday, February 28, 2012
     Mar 2-floor amendment (1) filed to Committee Substitute
     Mar 5-floor amendment (2) filed to Committee Substitute, floor amendment (3) filed
     Mar 14-floor amendment (4) filed to Committee Substitute
     Mar 21-floor amendment (5) filed
     Mar 22-3rd reading, passed 96-0 with floor amendment (5)
     Mar 23-received in Senate
     Mar 26-to Licensing, Occupations, & Administrative Regulations (S)
     Mar 27-reported favorably, 1st reading, to Consent Calendar
     Mar 28-2nd reading, to Rules
     Mar 29-posted for passage in the Consent Orders of the Day for Thursday, March 29, 2012; 3rd reading, passed 36-1; received in House; enrolled, signed by Speaker of the House
     Mar 30-enrolled, signed by President of the Senate; delivered to Governor
     Apr 11-signed by Governor (Acts ch. 65)

Vote History
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