DEPARTMENT OF REGULATORY AGENCIES State Electrical Board COLORADO STATE ELECTRICIANS BOARD RULES 3 CCR 710-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1.0 STATEMENT OF BASIS AND PURPOSE 1.1 Following are the adopted changes to the Rules and Regulations of the Colorado State Electrical Board for general clarification, for efficient management and expeditious procedures of the Board, and for the safeguarding of the general public in compliance with Title 12, Article 23, of the Colorado Revised Statutes. These rules have been considered and accepted through the formal public hearing process.

1.2 The Board adopts the following rules pursuant to the authority granted to the Board by § 12-23-104 (2)(a), C.R.S. and hereby repeals all previous rules with the same number. 2.0 STANDARDS 2.1 The Colorado State Electrical Board hereby adopts the National Fire Protection Association standard number 70, hereafter known as the National Electrical Code, 2008 Edition, and as may be amended by the Board. 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. This rule does not include later amendments to or editions of the National Electrical Code, 2008 Edition. The effective date shall be August 1, 2008.

2.2 The administrative office of the State Electrical Board maintains a certified copy of the National Electrical Code, 2008 Edition, available for public inspection during regular business hours. For information on examining certified copies of the National Electrical Code, 2008 Edition, or information on how to obtain a copy, contact:

Program Director State Electrical Board 1560 Broadway, Suite 1350 Denver, Colorado 80202 Phone: 303-894-2300 Website: http://www.dora.state.co.us/electrical A copy of the National Electrical Code, 2008 Edition, which has been incorporated herein by reference, may also be obtained or examined by contacting the State Publications Depository Libraries.

3.0 EXAMINATIONS AND APPLICATIONS 3.1 Applications for all examinations and requests for re-examination shall be submitted to the Division of Registrations.

3.2 The applicant must present positive photo identification in order to be admitted to the examination area.

3.3 An applicant requesting reconsideration of a board action or requesting a personal interview before the board, shall submit the request in writing, accompanied by additional information or documentation. This request shall be submitted within forty five (45) days of the date on which the board made the decision. Any request filed after forty five (45) days will not be considered by the board.

3.4 An approved applicant for licensure by examination who does not take the examination within one year from the date of the original approval date may be required to submit an updated application. 3.5 Reserved 3.6 An application for a license by examination or endorsement submitted without all required fees and documentation will be considered incomplete. Incomplete applications will be retained for one year from the date originally submitted, after which applicants shall begin the process again including payment of the application fee.

3.7 License examinations and renewal examinations shall not be subject to review by applicants. 4.0 TEMPORARY WORK PERMITS 4.1 Pursuant to § 12-23-110, C.R.S., a temporary work permit may be issued at the time of approval for an examination. The temporary permit will be valid for a period of no more than thirty (30) days after the date of approval or as otherwise limited in § 12-23-110, C.R.S. 4.2 A temporary work permit shall not be accepted to meet the requirements for contractor registration. Exception: A temporary master electrician work permit may be issued to a qualified applicant of an existing electrical contractor pursuant to § 12-23-110, C.R.S. 5.0 LICENSURE AND REGISTRATION 5.1 An applicant for the residential wireman’s license shall provide documented written evidence of training and experience in residential wiring as specified § 12-23-106 (3), C.R.S. documentation shall be provided in the form of:

a. A record of employment from the employer verifying employment dates as an apprentice and type of electrical work performed.

b. If training and experience were obtained outside the state of Colorado, the applicant shall provide the Board with evidence verified by the employer of employment dates and actual work performed.

c. If training includes courses in residential electrical work from an accredited school, a transcript shall be included with the application. If training is received from any other school or program, a course curriculum shall be provided which includes the number of classroom hours. Certification of completed hours shall be submitted. Credit for successful completion of an electrical school or program shall be credited one month of experience for two months of schooling up to a maximum of one year. Education without a certificate of completion may replace actual field experience under a licensed master at the rate of one month credit for every six months training or experience up to a maximum of one year. For both conditions, applicants shall have one year of electrical field experience in residential wiring.

d. Verification of military training or experience in residential electrical work shall be detailed and submitted with the application for evaluation. Such experience shall replace actual field experience under a licensed master at the rate of one month credit for each month of training or experience up to a maximum of two years.

5.2 An applicant for a journeyman electrician’s license shall provide documented written evidence of experience and training in commercial and industrial wiring as specified in § 12-23-106 (2), C.R.S. Documentation shall be provided in the form of:

a. A record of employment from the employer verifying employment dates as an apprentice and actual work performed in the commercial and industrial field. b. If commercial and industrial experience and training were obtained outside the state of Colorado, the applicant shall provide the Board with documented written evidence verified by the employer, of employment dates and actual work performed. c. If training includes courses in electrical work from an accredited school, a transcript shall be included with the application. If training is received from any other schools or programs, a course curriculum shall be provided which includes the number of classroom hours. A certificate of completion shall be submitted. A maximum of one year of experience credit may be granted for this type of academic training.

d. Verification of military training or experience in electrical work shall be detailed and submitted with the application for evaluation. Up to four years experience credit may be granted for military experience meeting the definition of electrical work as defined in § 12-23-101 (1.7), C.R.S. toward a license.

5.3 Maintenance experience shall be submitted for evaluation with the application. Experience gained under the supervision of a licensed electrician (Colorado licensed or equivalent) shall be detailed, and should include the name(s) of the licensed individual(s). Up to two years experience credit may be granted for working under the supervision of a licensed electrician. Verification of work experience gained in the electrical maintenance field that is not required to be performed under the direct supervision of a licensed electrician shall be detailed as to specific types of installations. A maximum of one year of experience credit may be granted for work not required to be performed under the supervision of a licensed electrician. 5.4 Foreign experience: Foreign electrical engineering courses shall be reviewed by an electrical engineering department in an accredited university to determine if the curriculum is substantially equivalent. Applicants with foreign experience shall have one year of in country electrical construction experience and familiarity with the National Electrical Code. A maximum of three years of out of country experience may be applied towards a license for a journeyman. A maximum of four years out of country experience may be applied towards a master license. 5.5 License by endorsement: An individual licensed in another state shall be eligible to obtain licensure by endorsement providing that the applicant meets the requirements of § 12-23-109, C.R.S. and all of the following conditions:

a. Completion of a state or federally approved apprenticeship program, or completion of the required years and type of experience for the comparable license. b. Successful completion of a comparable written state electrical examination. c. The examination shall be based on the current or immediately previous edition on the National Electrical Code in effect at the time that the application is submitted to the Colorado State Electrical Board.

5.6 Electrical Contractor: Applications for electrical contractor registration shall be submitted at least ten (10) days prior to the registration effective date.

6.0 PERMITS AND INSPECTIONS 6.1 Wiring permit applications shall be issued in the name of the qualified applicant (see § 12-23-111 (2), C.R.S.) or registered electrical contractor performing the electrical work. The qualified applicant is defined as a homeowner performing his/her own work in accordance with statutory requirements. 6.2 A permit shall be required for all systems supplying power that may normally be supplied by an electrical utility, such as, but not limited to, solar, wind, hydroelectric and other generated sources. The Board or its administrative officer may revoke a permit that was issued in error or on the basis of incorrect information supplied by the applicant. 6.3 Additions, alterations or repairs may be made to any electrical system and equipment without requiring the existing electrical system and equipment to comply with all the requirements of the State Electrical Board standards, provided that the addition, alteration or repair conforms to that required for a new electrical system and equipment, and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs. 6.4 Existing electrical wiring systems may continue to be energized provided that they were lawfully installed and that they present no hazard to life, health or property. 6.5 Services to temporary and moved buildings shall comply with the standards of the State Electrical Board for new installations. The existing electrical wiring may be re-energized provided that a registered electrical contractor gives written verification to the Board that the existing electrical installation presents no hazard to life, health or property. Permits and inspections shall be required.

6.6 An individual requesting an electrical inspection shall provide reasonable access to the inspection area during the normal working hours of the Board office. 6.7 Article 110-2, “Approval” , in the National Electrical Code, provides that; conductors and equipment required or permitted by this code shall be acceptable only when “approved” . The Board will accept conductors and equipment that have been tested and approved by a recognized testing agency such as Underwriters Laboratories, Inc. The Board reserves the right of its inspectors to reject any conductors or equipment that in their opinion may be unsafe or injurious to life or property.

6.8 Reinspection fees shall be paid before requesting a reinspection. 6.9 A final inspection shall not be performed until a permanent electrical load consistent with the type of structure is connected.

7.0 DECLARATORY ORDERS 7.1 Any person may petition the board for a declaratory order to terminate controversies or to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of the board.

7.2 The board will determine, in its discretion and without notice to the petitioner, whether to rule upon any such petition. If the board determines that it will not rule upon such a petition, the board shall promptly notify the petitioner of its action and state the reasons for such action. 7.3 The Board shall consider the following matters, among others in determining whether to rule upon a petition filed pursuant to this rule:

a. If a rule on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the board. b. If the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the board or a court involving one or more of the petitioners.

c. If the petition involves any subject, question or issue that is the subject of a formal or informal matter of investigation currently pending before the board or a court but not involving any petitioner.

d. If the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.

e. If the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to rule 57, Colo. R. Civ.P., that will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule or order in question.

7.4 A petition filed pursuant to this rule shall set forth the following: a. The name and address of the petitioner and whether the petitioner is licensed pursuant to the organic act.

b. The statute, rule or order to which the petition relates; and c. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner.

7.5 If the board determines that it will rule on the petition, the following procedures shall apply: a. The board may rule upon the petition based solely upon the facts presented in the petition. In such a case:

1. Any ruling of the board will apply only to the extent of the facts presented in the petition and any amendment to the petition.

2. The board may order the petitioner to file a written brief, memorandum or statement of position.

3. The board may set the petition, upon due notice to petitioner, for a non-evidentiary hearing.

4. The board may dispose of the petition on the sole basis of the matters set forth in the petition.

5. The board may request the petitioner to submit additional facts, in writing. In such event, such additional facts will be considered as an amendment to the petition. 6. The board may take administrative notice of facts pursuant to the Administrative Procedure Act ( § 24-4-105[8], C.R.S.) and may utilize its experience, technical competence and specialized knowledge in the disposition. If the board rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision. b. The board may, in its discretion, set the petition for hearing upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the board intends to inquire. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the board to consider. 7.6 The parties to any proceeding pursuant to this rule shall be the board and the petitioner. Any other person may seek leave of the board to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the board. A petition to intervene shall set forth the same matters as required by section 4 of this rule. Any reference to a “petitioner” in this rule also refers to any person who has been granted leave to intervene by the board. 7.7 A declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to § 24-4-106, C.R.S. 8.0 ENFORCEMENT 8.1 Licensees having knowledge of, and/or involvement in, any alleged violation of Title 12, Article 23, and/or Board rules, shall cooperate with any investigation initiated by the Board and furnish such information or assistance as may be requested.

8.2 REPORTING CONVICTIONS, JUDGMENTS AND ADMINISTRATIVE PROCEEDINGS. A. A licensee or registrant, as defined in § 12-23-101 (1)(2)(3) and (4), C.R.S., including but not limited to registered electrical apprentices, registered electrical contractors, or licensed electricians (residential, journeyman, or master, herein after known as “electricians” ) shall inform the board, in a manner set forth by the board, within forty-five (45) days of any of the following occurrences: the conviction of the registrant or licensee of a felony under the laws of any state or of the United States, as described in § 12-23-118 (1)(g), C.R.S. A plea of guilty or a plea of nolo contendere (no contest) accepted by the court is considered a conviction.

B. The notice to the board shall include the following information: the court, its jurisdiction, the case name, the case number, a description of the matter or a copy of the indictment or charges, a copy of the judgment of conviction, and the discharge or completion of sentence;

C. The registrant or licensee notifying the board may submit a written statement with the notice to be included in the registrant or licensee records.

D. This rule shall apply to any event that occurs on or after August 1, 2008. 8.3 CITATIONS 8.3.1 The citation form shall be completed by the State electrical inspector. Citations will be served by certified mail, in person by a state electrical inspector, or by waiver of personal service. Personal service by an electrical inspector shall be verified by affidavit. Completed, served citation forms will be mailed to the State Electrical Board for review and approval. The Electrical Board maintains the discretion to dismiss the citation at any time.

8.3.2 The citation form shall direct the recipient to respond in one of the following ways within ten (10) working days after service of the citation:

a. pay the fine; or b. submit a written request to negotiate a stipulated settlement agreement with the Electrical Board Program Director; or c. submit a written request for a formal administrative hearing. 8.3.3 Fines. If one of the following actions has not been taken by the citation recipient within ten (10) working days following the service of the citation, the recipient shall be deemed to have failed to comply with the citation and the fine shall become a final board action: a. Full payment of the fine; or b. Written request for negotiation of a stipulated settlement agreement; or c. Written request for a formal administrative hearing. In any action to collect a fine, the Electrical Board shall seek reasonable attorney fees and costs. A citation offense that is more than four years old will not be considered by the Electrical Board.

8.3.4 Negotiations. A written request and explanation for negotiation of a stipulated settlement agreement shall be submitted to the Electrical Board Program Director or designee and shall include information in mitigation of the violation, the postmarked date or date received by the Electrical Board Program Director, whichever is earlier, constitutes the submittal date for requesting negotiation of a stipulated settlement agreement. After reviewing the requested settlement offer, the Program Director has the option to authorize the following actions:

a. Issue a letter of admonition;

b. Dismiss the citation;

c. Reduce the fine;

d. Arrange a payment schedule;

e. Permit a personal appearance before the Board; and/or, f. Refer the matter for a formal administrative hearing. 8.3.5 Negotiations may become moot for any, but are not limited to, the following reasons: a. The recipient admits to committing the violation;

b. The recipient does not conduct settlement negotiations timely and in writing; c. The recipient does not present reasonable mitigating or extenuating information in writing;

d. The Program Director determines the settlement negotiations are not being conducted in good faith or are being conducted for the purpose of delay; e. It appears unlikely the parties will reach a negotiated resolution; and/or, f. The recipient has prior violations that need to be brought to the Board’s attention prior to attempting settlement negotiations.

8.3.6 A stipulated settlement agreement shall be considered a violation for the purpose of determining the fine amount in subsequent violations. The stipulated settlement agreement may contain an admission of the violation(s). A stipulated settlement agreement shall be signed and dated by both the Program Director or board chair or designee and the citation recipient. A stipulated settlement agreement shall be approved by the Board in order to become a final agency order.

8.3.7 A written request from the citation recipient to proceed to a formal hearing may be submitted at any time during settlement negotiations. If the negotiations are subsequently deemed futile, the citation recipient shall be given notice that he/she must pay the fine or request a formal administrative hearing within ten (10) calendar days of the notice. Written settlement information may be used against the licensee, registrant or applicant at the hearing when unsuccessful settlement negotiations proceed to a formal hearing. 8.3.8 If the citation recipient hires an attorney for assistance during stipulated settlement negotiations, the Electrical Board Program Director may request the Attorney General to assist with settlement negotiations.

8.3.9 Hearings. State Electrical Board hearings shall be conducted in accordance with the provisions of § 24-4-105, C.R.S. The hearings shall be conducted by an administrative law judge at the Office of Administrative Courts. The citation recipient may be represented by his or her own counsel. All parties shall have the right to cross-examine witnesses testifying at the proceeding. The proceedings shall be recorded. The administrative law judge shall issue a written initial decision that shall be reviewed by the Board and either be affirmed, reversed, and/or modified. At the formal administrative hearing, the Electrical Board shall pursue the award of the maximum allowable fine of one thousand dollars for the first offense and two thousand dollars for the second offense. At the formal administrative hearing, the Electrical Board may also pursue the award of disciplinary sanctions such as revocation, suspension or probation. The Electrical Board shall review the entire citation history of a licensee, as found in the Board's records, in any disciplinary action against a licensee. 8.3.10 Inspectors shall not negotiate settlements or accept payment of fines. COLORADO STATE ELECTRICAL BOARD CITATION FINE SCHEDULE EFFECTIVE AUGUST 1, 2008 Violation Statute or Rule Provision 1st 2nd (A) Failure of a §12-23-105 (1) $225 $600 journeyman to be licensed while engaging in electrical work (B) Failure of a master §12-23-105 (1) $300 $600 electrician to be licensed while engaging in electrical work (C) Failure of a §12-23-105 (1) $150 $375 residential wireman to be licensed while engaging in electrical work (D) Failure of an §12-23-110.5 (3) $225 $600 electrical contractor to register apprentice (E) Failure of an §12-23-110.5 (1) $50 $200 apprentice to work under the supervision of a licensed electrician (F) Employment by an §12-23-118 (1)(k) $300 $600 electrical contractor of unlicensed persons doing electrical work (G) Failure of an §12-23-106 (5)(a) $750 $1,500 electrical contractor to register (H) Failure to supervise §12-23-110.5 (1), (3)(b) $375 $600 an apprentice & § 12-23-118 (1)(j)

(I) Failure of an electrical §12-23-110.5 (1) $375 $600 contractor to maintain a supervisory ratio of one licensed electrician to three apprentices (J) Performing electrical §12-23-105 (1) $375 $750 work beyond the authorization of the electrical license or registration (K) Failure to obtain a §12-23-116 $375 $900 permit and/or failure to obtain an inspection (L) Failure to correct §12-23-116 $450 $900 electrical code violations within a reasonable time (30 days)

(M) Providing false or §12-23-118 (1)(h) $375 $750 misleading advertising (N) Deception, §12-23-118 (1)(i) $1,000 $2,000 misrepresentation or fraud in obtaining or attempting to obtain a license (includes loaning a license)

(O) Failure to comply §12-23-118 (1)(p) $375 $750 with other state or federal law (safety, health, insurance, tax)

(P) Other violations of the §12-23-118 (1) Up to $1000 Up to $2000 state electrical statute 9.0 RENEWALS AND REINSTATEMENTS 9.1 The multiple-choice examination required by § 12-23-104 (2)(i), C.R.S. shall not exceed 25 questions, and shall be a pass/fail exam.

9.2 A licensee shall have a sixty-day grace period after the expiration of his or her license to renew such license without the imposition of a disciplinary sanction for practicing on an expired license. During this grace period, a delinquency fee shall be charged for late renewals. 9.3 A licensee who does not renew his or her license within the sixty-day grace period shall be treated as having an expired license and shall be ineligible to practice until such license is reinstated. If the Board learns that a licensee has practiced with an expired license, the Board may impose disciplinary action(s).

9.4 An expired license may be reinstated by submitting a reinstatement application, paying the current renewal fee plus a delinquency fee, and successfully completing the multiple-choice examination. If the license has expired for more than two years, the licensee must demonstrate competency to practice by satisfactorily passing the State electrical examination. 9.5 The content and answers to examinations for licensure and renewal administered by the Colorado State Electrical Board are proprietary property. Licensees and registrants shall not disclose any portion of the examinations to others. Licensees and registrants shall be subject to disciplinary action by the Board should they disclose, sell or otherwise distribute the content and/or answers for any examinations administered by the Colorado State Electrical Board. 9.6 An individual who has acquired both master and journeyman licenses by examination issued by the State of Colorado, and who has allowed the journeyman license to expire and holds a valid master license, may renew the journeyman license after passing the most recent journeyman renewal examination.

10.0 LICENSEE AND REGISTRANT RESPONSIBILITIES 10.1 An electrical contractor who loses the services of the responsible master electrician, for any reason, will be allowed twenty (20) days in which to hire another master electrician. If another master has not been hired during that period, the electrical contractor registration will be placed into a non- active status until such time as a master has been hired, and the appropriate fee paid. 10.2 An individual working as an electrician shall be required to carry on his or her person his or her license, permit or registration.

10.3 A licensed electrician, registered apprentice electrician, or registered electrical contractor shall give notice to the board, in writing, of any change of address within thirty (30) days of such change. _____________________________________________________ Editor’s Notes History Entire Rule Eff. 08/01/2008.