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AN ACT relating to state electrical standards for buildings. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 227.480 is amended to read as follows: 3
(1) (a) A city, county, urban-county government, charter county, or consolidated 4
local government or the state shall, according to the Uniform State Building 5
Code as it pertains to the plan review and inspection responsibilities of local 6
governments or the state, require any person to obtain a permit before 7
commencing construction, alteration, or repairs of any electrical system. 8
(b) The city, county, urban-county government, charter county, or consolidated 9
local government or the state shall require all inspections that are deemed 10
necessary by the department for the safety of life and property. The 11
department shall promulgate administrative regulations to describe the 12
circumstances where inspections are required. 13
(2) A city, county, urban-county government, charter county, or consolidated local 14
government or the state shall not issue a permit unless the applicant submits proof 15
of being licensed as an electrical contractor under KRS Chapter 227A or of acting 16
on behalf of a licensed electrical contractor. However, the provisions of this 17
subsection shall not apply to: 18
(a) A homeowner or farmer who does construction, alteration, or repairs of any 19
electrical system on his or her own premises or any other person exempt from 20
licensing under KRS 227A.030 or 227A.150; 21
(b) Electrical work performed by the Commonwealth of Kentucky, a city, county, 22
urban-county government, charter county, or consolidated local government, 23
or any subdivision thereof; 24
(c) A company with a recently deceased licensed electrical contractor, which 25
shall be granted an interim period of up to one hundred eighty (180) 26
continuous calendar days by the city, county, urban-county government, 27 UNOFFICIAL COPY 25 RS BR 389
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charter county, consolidated local government, or state to allow the company 1
to utilize the license of the deceased electrical contractor if: 2
1. The company effectuates and documents all necessary bonding and 3
insurance policies required by KRS Chapter 227A; and 4
2. Ensures that the bonding and insurance policies remain in effect for the 5
entirety of the interim period of time extended; or 6
(d) A disaster response business as defined in KRS 141.010. 7
(3) A city, county, urban-county government, charter county, or consolidated local 8
government shall appoint and may fix the compensation of city, county, urban-9
county government, charter county, or consolidated local government electrical 10
inspectors, and may by ordinance fix reasonable fees and establish other 11
requirements for the conduct of electrical inspections within its boundaries. All 12
electrical inspectors shall be certified under KRS 227.489. 13
(4) Reasonable standards for the construction, alteration, and repair of any electrical 14
system shall be those adopted in the Uniform State Building Code, as promulgated 15
by the department, and shall be designed after and may be selected from the 16
models offered by such model code agencies as the International Code Council, 17
Inc., the National Fire Protection Association, and other nationally recognized 18
organizations and[have as a minimum standard the requirements of the National 19
Electrical Code, which] may include Kentucky amendments. These standards shall 20
be used by the electrical inspector in making[ his] inspections. 21
Section 2. KRS 198B.050 is amended to read as follows: 22
(1) The department shall adopt and promulgate a mandatory Uniform State Building 23
Code that establishes standards for the construction of all buildings, as defined in 24
KRS 198B.010, in the state. The code shall provide that the review and approval, as 25
necessary, of building plans for conformance with the Uniform State Building Code 26
prior to construction approval shall be conducted only by the department or a local 27 UNOFFICIAL COPY 25 RS BR 389
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government or governments delegated such responsibilities by this chapter, and any 1
exceptions to this policy shall be explicitly stated in the code. 2
(2) The code shall be comprehensive and shall include but not be limited to provisions 3
for general construction; structural quality; mechanical systems to include heating, 4
cooling, and ventilation; electrical systems; and life safety from hazards of fire, 5
explosion, and other disasters, whether caused by acts of nature or man. The code 6
shall encompass the Kentucky State Plumbing Code promulgated pursuant to KRS 7
318.130, boiler rules and regulations issued pursuant to KRS 236.030, and the[ 8
national] electrical code. 9
(3) This code shall be designed after and may be selected from the models offered by 10
such model code agencies as the International Code Council, Inc., the National Fire 11
Protection Association, and other nationally recognized organizations which may 12
include governmental agencies. The code shall: 13
(a) Provide uniform standards and requirements for construction and construction 14
materials; 15
(b) To the extent practicable, set forth standards, specifications, and requirements 16
in terms of performance objectives, so as to facilitate the use of new 17
technologies, techniques, and materials. The code shall not discriminate in 18
favor of particular suppliers' materials, techniques, or technologies; and 19
(c) Protect the public health, safety, and welfare within the state. 20
(4) The code shall include provisions for the continuing review and possible adoption 21
of new materials, technologies, and techniques in the building industry when 22
deemed justified by the department to fulfill the purposes of this chapter. The 23
department may adopt a model code promulgated by a model code agency only if 24
that agency provides a method for democratic participation by the department and 25
any local governments which may enforce the code, in a continuing review and 26
possible adoption of new materials, technologies, and techniques in the building 27 UNOFFICIAL COPY 25 RS BR 389
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industry. 1
(5) The department shall promulgate administrative regulations, after notice in 2
accordance with KRS Chapter 13A, which are necessary to implement the Uniform 3
State Building Code or to carry out any other responsibility assigned to the 4
department by this chapter. 5
(6) The department shall monitor the effectiveness of agencies designated by local 6
governments to enforce the provisions of the Uniform State Building Code. 7
(7) If the department determines that an agency is not enforcing the provisions of the 8
Uniform State Building Code, it shall determine where deficiencies exist. The 9
department shall require the local government to correct the deficiencies within 10
sixty (60) days and report to the department its method of correcting the 11
deficiencies. 12
(8) If the local government fails to correct the deficiencies, the department may 13
preempt the local program as provided for in KRS 198B.060(4). 14
(9) The department shall provide for the supply, including amendments and revisions 15
thereto, of sufficient copies of the Uniform State Building Code for all interested 16
parties. 17
Section 3. KRS 227.450 is amended to read as follows: 18
As used in KRS 227.450 to 227.500 unless the context otherwise requires: 19
(1) "Alteration" means any change, modification, or adjustment to an existing electrical 20
system or conduit; 21
(2) "Commissioner" means the commissioner of the Department of Housing, Buildings 22
and Construction; 23
(3) "Department" means the Department of Housing, Buildings and Construction; 24
(4) "Division" means the Electrical Division within the department; 25
(5) "Electrical" pertains to the installation, alteration, or repair of wires and 26
conduits for the purpose of transmitting electricity, and the installation of fixtures 27 UNOFFICIAL COPY 25 RS BR 389
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and equipment in connection therewith; 1
(6) "Electrical contractor" means any licensed individual, partnership, or corporation 2
that is licensed to engage in, offers to engage in, or advertises or holds itself out to 3
be qualified to engage in designing, planning, superintending, contracting of, or 4
assuming responsibility for the installation, alteration, or repair of any electrical 5
system used for the purpose of furnishing heat, light, or power, and employs 6
electrical workers to engage in this practice. If the electrical contractor is not a 7
master electrician, the electrical contractor shall employ at least one (1) full-time 8
master electrician; 9
(7) "Electrical inspector" means any person certified by the commissioner pursuant 10
to KRS 227.489 who, for compensation, inspects the construction and installation 11
of electrical conductors, fittings, devices, and fixtures for light, heat, or power 12
service equipment to ascertain the compliance with the Uniform State Building 13
Code promulgated pursuant to KRS 198B.050 or the standards of safety of the 14
Commonwealth of Kentucky; 15
(8)[(6)] "Electrical system" means any electrical work subject to standards[ provided 16
within the National Electrical Code as] adopted in the Uniform State Building 17
Code, as promulgated by the department; 18
(9)[(7)] "Electrician" means any person licensed by the department who is employed 19
by an electrical contractor and is engaged in the construction, alteration, or repair of 20
any electrical system used for the purpose of furnishing heat, light, or power[; 21
(8) "Electrical" pertains to the installation, alteration, or repair of wires and conduits for 22
the purpose of transmitting electricity, and the installation of fixtures and equipment 23
in connection therewith; 24
(9) "Electrical inspector" means any person certified by the commissioner pursuant to 25
KRS 227.489 who, for compensation, inspects the construction and installation of 26
electrical conductors, fittings, devices, and fixtures for light, heat, or power service 27 UNOFFICIAL COPY 25 RS BR 389
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equipment to ascertain the compliance with the National Electrical Code 1
incorporated in the Uniform State Building Code promulgated pursuant to KRS 2
198B.050 or the standards of safety of the Commonwealth of Kentucky]; and 3
(10) "Repair" means the reconstruction or renewal of any part of an existing building for 4
the purpose of its maintenance. 5
Section 4. KRS 227.489 is amended to read as follows: 6
The commissioner shall require electrical inspectors to be certified. Examinations shall be 7
based on[ the National Electrical Code incorporated in] the Uniform State Building Code 8
and the standards of safety prescribed by the department. Electrical inspectors who have 9
been engaged in the inspection of electrical light and power wiring installations, based on 10
the requirements of the National Electrical Code, for a period of three (3) years, may be 11
certified on the basis of knowledge of this subject and experience. No certificate shall be 12
denied, suspended, or revoked unless the applicant or certificate holder is afforded the 13
opportunity for a hearing in accordance with KRS Chapter 13B. 14
Section 5. KRS 227.810 is amended to read as follows: 15
(1) A ground-fault circuit-interrupter shall be installed on all existing and new 16
fountains and pools that are located in a public place within the Commonwealth, in 17
accordance with standards set forth in the Uniform State Building Code[ National 18
Electrical Code] adopted by administrative regulations of the department. 19
(2) A state or local government agency shall not promulgate an administrative 20
regulation or ordinance to exempt any fountain or pool located in a public place 21
from the required installation of a ground-fault circuit-interrupter, regardless of the 22
age of construction of the fountain or pool. 23
Section 6. KRS 227A.010 is amended to read as follows: 24
As used in KRS 227A.010 to 227A.140, unless the context otherwise requires: 25
(1) "Authorized local licensing program" means any city, county, urban-county 26
government, charter county, or consolidated local government electrician and 27 UNOFFICIAL COPY 25 RS BR 389
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electrical contractor licensing program established by local ordinance for the 1
purpose of licensing electrical workers. "Authorized local licensing program" shall 2
include a licensing program established through a cooperative agreement between 3
two (2) or more counties; 4
(2) "Department" means the Department of Housing, Buildings and Construction; 5
(3) "Electrical" pertains to the installation, alteration, or repair of wires and conduits for 6
the purpose of transmitting electricity, and the installation of fixtures and equipment 7
in connection therewith; 8
(4) "Electrical contractor" means any licensed individual, partnership, or corporation 9
that is licensed to engage in, offers to engage in, or advertises or holds itself out to 10
be qualified to engage in designing, planning, superintending, contracting of, or 11
assuming responsibility for the installation, alteration, or repair of any electrical 12
system used for the purpose of furnishing heat, light, or power, and employs 13
electrical workers to engage in this practice. If the electrical contractor is not a 14
master electrician, the electrical contractor shall employ at least one (1) full-time 15
master electrician; however, no master electrician shall act in this capacity for more 16
than one (1) electrical contractor; 17
(5) "Electrical system" means any electrical work subject to standards[ provided within 18
the National Electrical Code as] adopted in the Uniform State Building Code, as 19
promulgated by the department; 20
(6) "Electrician" means any person licensed by the department who is employed by an 21
electrical contractor and is engaged in the construction, alteration, or repair of any 22
electrical system used for the purpose of furnishing heat, light, or power; 23
(7) "Maintenance worker or maintenance engineer" means a person who is a regular, 24
bona fide employee or agent of a property owner, property lessor, property 25
management company, or firm that is not in the electrical business but has 26
jurisdiction over the property where the routine maintenance of electrical systems is 27 UNOFFICIAL COPY 25 RS BR 389
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being performed; 1
(8) "Master electrician" means any individual licensed to engage in, and assume 2
responsible charge, supervision, or direction of an electrician engaged in the 3
construction, installation, alteration, or repair of any electrical system used to 4
furnish heat, light, or power; 5
(9) "Repair" means the reconstruction or renewal of any part of an existing building for 6
the purpose of its maintenance; and 7
(10) (a) "Routine maintenance of electrical systems" means the routine and periodic 8
servicing of electrical systems, including cleaning, inspecting, and making 9
adjustments to ensure the proper operation and the removal or replacement of 10
component parts. 11
(b) "Routine maintenance of electrical systems" does not include the installation 12
of complete electrical systems. 13