W. Va. Code R. § 36-23-32

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 36-23-32 - Electrical

All persons performing electrical work at construction projects shall be certified by the State Fire Marshall or by the Department of Mines.

32.1. General Requirements.
(a) All electrical work, installation, and wire capacities shall be in accordance with the pertinent provisions of the National Elec­trical Code, NFPA 70-1971; ANSI C1-1971 (Rev. of C1-1968) unless otherwise provided by these regulations.
(b) Applicability. These regulations apply only to electrical installations and used on the job site, both temporary and permanent. For power distribution and transmission lines, refer to subpart V of OSHA Safety and Health Regulations for Construction.
(c) Protection of employees.
(1) No employer shall permit an employee to work in such proximity to any part of an electric power circuit that he may contact the same in the course of his work unless the employee is protected against elec­tric shock by deenergizing the circuit and grounding it or by guarding it by effective insulation or other means. In work areas where the exact location of underground electric power lines is unknown, workmen using jackhammers, bars, or other hand tools which may contact a line shall be provided with insulated protective gloves.
(2) Before work is begun, the employer shall ascertain by inquiry or direct observation, or by instruments, whether any part of an electric power circuit, exposed, or concealed, is so located that the performance of the work may bring any person, tool, or machine into physical or electrical contact therewith. The employer shall post and main­tain proper warning signs where such a circuit exists. He shall advise his employees of the location of such lines, the hazards involved and the protective measures to be taken.
(d) Passageways and open spaces. Suitable barriers or other means shall be pro­vided to ensure that work space for electrical equipment will not be used as a passageway during periods when energized parts of electri­cal equipment are used.
(e) Work space around equipment. Sufficient space shall be provided and main­tained in the area of electrical equipment to permit ready and safe operation and mainte­nance of such equipment. When parts are exposed, the minimum clearance for the work space shall be not less than six and one-quarter (6 1/4) feet high, nor less than a radius of three (3) feet wide, and there shall be clear­ance sufficient to permit at least ninety de­grees (90) opening of all doors or hinged panels. All working clearances shall be main­tained in accordance with article 110-16, National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968).
(f) Load ratings. In existing installa­tion no changes in circuit protection shall be made to increase the load in excess of load rating of the circuit wiring, as specified in National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968) (Article 310.)
(g) Lockout and tagging of circuits.
(1) Equipment or circuits that are deenergized shall be rendered inoperative and have tags attached at all points where such equipment or circuits can be energized.
(2) Tags shall be placed to identi­fy plainly the equipment or circuits being worked on.
(h) Ground-fault protection.
(1) General. Notwithstanding any other provision of this part, the require­ments in Section 210-7 of the 1971 National Electrical Code (NFPA 70-1971; ANSI CI-1971), that all fifteen (15-) and twenty (20-) amphere receptacle outlets on single-­phase circuits for construction sites have approved ground-fault circuit protection for personnel does not apply. In lieu thereof, the employer shall use either ground-fault circuit interrupters or an assured equipment ground­ing conductor program to protect employees on construction sites. These requirements are in addition to any other requirements for equip­ment grounding conductors.
(2) Ground-fault circuit inter­rupters. All one hundred twenty (120) volt, single-phase, fifteen (15-) and twenty (20-) amphere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, shall have approved ground-fault circuit interrupters for personnel protection. Receptacles on a two (2-) wire, single-phase portable or vehicle-mounted generator rated not more than five (5)kw, where the circuit conductors of the generator are insulated from the generator frame and all other grounded surfaces, need not be protected with ground-fault circuit inter­rupters.
(3) Assured equipment grounding conductor program. The employer shall estab­lish and implement an assured equipment grounding conductor program on construction sites covering all cord sets, receptacles which are not a part of the permanent wiring of the building or structure, and equipment connect­ed by cord and plug which are available for use or used by employees. This program shall comply with the following minimum require­ments:
(i) A written description of the program, including the specific procedures adopt­ed by the employer, shall be available at the job site for inspection and copying by the Director and any affected employee.
(ii) The employer shall designate one (1) or more competent persons to implement the program.
(iii) Each cord set, attach­ment cap, plug and recepta­cle of cord sets, and any equipment connected by cord and plug except cord sets and receptacles which are fixed and not exposed to damage, shall be visually inspected before each day's use for external defects, such as deformed or missing pins or insulation damage, and for indication of possible internal damage. Equipment found damaged or defective may not be used until repaired.
(iv) The following tests shall be performed on all cord sets, receptacles which are not a part of the permanent wiring of the building or structure, and cord and plug-connected equipment required to be grounded:
(a) All equipment grounding conductors shall be tested for conti­nuity and shall be electrically continuous.
(b) Each receptacle and attachment cap or plug shall be tested for correct attachment of the equipment grounding conductor. The equipment grounding conduc­tor shall be connected to its proper terminal.
(v) All required tests shall be performed:
(a) Before first use;
(b) Before equipment is returned to service following any repairs;
(c) Before equipment is used after any incident which can be reason­ably suspected to have caused damage (for example, when a cord set is run over); and
(d) At intervals not to exceed three (3) months, except that cord sets and receptacles which are fixed and not ex­posed to damage shall be tested at intervals not exceeding six (6) months.
(vi) The employer may not make available or permit the use by employees of any equipment which has not met the re­quire­ments of this section.
(vii) Tests performed as required in this paragraph shall be recorded in a book approved by the Department of Mines. This test record shall identify each receptacle, cord set, and cord-and plug-connected equip­ment that passed the test, and shall indicate the last date it was tested or the interval for which it was tested. This record shall be kept by means of logs, color coding, or other effective means, and shall be maintained until replaced by a more current record. The record shall be made available on the job site for inspection by any affected employee.
32.2. Grounding and bonding.
(a) Portable and/or cord plug­connected equipment.
(1) The noncurrent-carrying metal parts of portable and/or plug-connected equipment shall be grounded.
(2) Portable tools and appliances protected by an approved system of double insulation, or its equivalent, need not be grounded. Where such an approved system is employed, the equipment shall be distinctively marked.
(b) Fixed equipment. Exposed non­current-carrying metal parts of fixed electrical equipment, including motors, generators, frames and tracks of electrically operated cranes, electrically driven machinery, etc., shall be grounded.
(c) Effective grounding. The path from circuits, equipment, structures, and conduit or enclosures to ground shall be per­manent and continuous; have ample carrying capacity to conduct safely the current liable to be imposed on it; and have impedance suffi­ciently low to limit the potential above ground and to result in the operation of the over­current devices in the circuit.
(d) Ground resistance. Driven rod electrodes shall, where practicable, have a resistance to ground not to exceed twenty-five (25) ohms where the resistance is not as low as 25 ohms, two (2) or more electrodes connected in parallel shall be used.
(e) Testing of grounds. Grounding circuits shall be checked to ensure that the circuit between the ground and the grounded power conductor has a resistance which is low enough to permit sufficient current to flow to cause the fuse or circuit breaker to interrupt the current.
(f) Extension cords. Extension cords used with portable electric tools and appliances shall be of the three (3)-wire type.
(g) Bonding. Conductors used for bonding and grounding stationary and movable equipment shall be of ample size to carry the anticipated current.

When attaching bonding and ground­ing clamps or clips, a secure and positive metal-to-me­tal contact shall be made. Such attachments shall be made before closures are opened and material movements are started and shall not be broken until after material movements are stopped and closures are made.

(h) Temporary wiring. All temporary wiring shall be effectively grounded in accor­dance with the National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968), Articles 305 and 310.
(i) Construction site. Precautions shall be taken to make any necessary open wiring inaccessible to unauthorized personnel.
(j) Temporary lighting. Temporary lights shall be equipped with guards to prevent accidental contact with the bulb, except that guards are not required when the construction of the reflector is such that the bulb is deeply recessed.

Temporary lights shall be equipped with heavy duty electric cords with connec­tions and insulation maintained in safe condi­tion. Temporary lights shall not be suspended by their electric cords unless cords and lights are designed for this means of suspension. Splices shall have insulation equal to that of the cable.

Working spaces, walkways, and simi­lar locations shall be kept clear of cords so as not to create a hazard to employees.

Portable electric lighting used in moist and/or other hazardous locations, as for example, drums, tanks, and vessels shall be operated at a maximum of twelve (12) volts.

32.3. Equipment installation and mainte­nance.
(a) Flexible cable and cords.
(1) Receptacles for attachment plugs shall be of approved, concealed contact type with a contact for extending ground continuity and shall be so designed and con­structed that the plug may be pulled out with­out leaving any live parts exposed to accidental contact.
(2) Where different voltages, frequencies, or types of current (a.c. or d.c.) are to be supplied by portable cords, recepta­cles shall be of such design that attachment plugs used on such circuits are not inter­changeable.
(3) Attachment plugs or other connectors supplying equipment at more than three hundred (300) volts shall be of the skirt­ed type or otherwise so designed that arcs will be confined.
(4) Attachment plugs for use in work areas shall be so constructed that they will endure rough use and be equipped with a suitable cord grip to prevent strain on the terminal screws.
(5) Flexible cord shall be used only in continuous lengths without splice, except suitable molded or vulcanized splices may be used where properly made, and the insulation shall be equal to the cable being spliced and wire connections soldered.
(6) Trailing cables shall be pro­tected from damage.
(7) Splices in trailing cable shall be mechanically strong components and insu­lated to retain the mechanical and dielectric strength of the original cable.
(8) Cable passing through work areas shall be covered or elevated to protect it from damage which would create a hazard to employees.
(9) Handlamps of the portable type shall be of the molded composition or other type approved for the purpose. Brass-­shell, paper-lined lampholders shall not be used. Handlamps shall be equipped with a handle and a substantial guard over the bulb and attached to the lampholder or the handle.
(10) Worn or frayed electric cables shall not be used.
(11) Extension cords shall be protected against accidental damage as may be caus­ed by traffic, sharp corners, or projections and pinching in doors or elsewhere.
(12) Extension cords shall not be fastened with staples, hung from nails, or suspended by wire.
(b) Overcurrent protection.
(1) Overcurrent protection shall be provided by fuses or circuit breakers for each feeder and branch circuit, and shall be based on the current-carrying capacity of the conductors supplied and the power load being used.
(2) No overcurrent devices shall be placed in any permanently grounded con­ductor, except where the overcurrent device simultaneously opens all conductors of the circuit or for motor running protection.
(3) When fuses are installed or removed with one (1) or both terminals ener­gized, special tools insulated for the voltage shall be used.
(c) Switches, circuit breakers, and disconnecting means.
(1) Each disconnecting means for motors and appliances, and each service feeder or branch circuit at the point where it origi­nates, shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident.
(2) Disconnecting means shall be located or shielded so that employees will not be injured.
(3) Boxes for disconnecting means shall be securely and rigidly fastened to the surface upon which they are mounted and fitted with covers.
(4) Boxes and disconnecting means installed in damp or wet locations shall be waterproof to the extent that water does not enter or accumulate.
(d) Transformers.
(1) Energized transformers and other related electrically energized equipment over one hundred fifty (150) volts to ground shall be protected so as to prevent accidental contact with any person. Protection shall be provided by individual integrated housing or by an enclosure, such as an electrical substa­tion fence, which accommodates a group of such equipment. Metallic enclosures shall be grounded.
(2) Access to energized equip­ment covered by subparagraph (1) of this paragraph shall be secured by lock or other fasteners requiring the use of tools to open them.
(3) Signs indicating danger and prohibiting unauthorized access shall be con­spicuously displayed on the housing or other enclosure around the equipment.
(4) Transformers mounted on utility poles at a height of more than twelve (12) feet from the ground are exempt from the requirements of this paragraph.
(e) Welding and cutting equipment. Welding and cutting equipment shall meet the requirements specified in Sections 20 and 31 of these regulations.
32.4. Battery rooms and battery charging.
(a) General requirements.
(1) Batteries of the nonseal type shall be located in enclosures with outside vents or in well ventilated rooms, so arranged as to prevent the escape of fumes, gases, or electrolyte spray into other areas.
(2) Ventilation shall be provided to ensure diffusion to the gases from the battery to prevent the accumulation of an explosive mixture.
(3) Racks and trays shall be substantial and treated to be resistant to the electrolyte.
(4) Floors shall be of acid resis­tant construction or be protected from acid accumula­tions.
(5) Face shields, aprons, and rubber gloves shall be provided for workmen handling acids or batteries.
(6) Facilities for quick drenching of the eyes and body shall be provided within twenty-five (25) feet of the work area for emergency use.
(7) Facilities shall be provided for flushing and neutralizing spilled electro­lyte, for fire protection, for protecting charg­ing apparatus from damage by trucks, and for adequate ventilation for dispersal of fumes from gassing batteries.
(b) Charging.
(1) Battery charging installations shall be located in areas designated for that purpose.
(2) When charging batteries, the vent caps shall be kept in place to avoid elec­trolyte spray. Care shall be taken to assure that vent caps are functioning.
32.5. Hazardous locations.
(a) General. For the purpose of this section, hazardous locations are defined as follows:
(1) Class 1 Locations: Class 1 Locations are those in which flammable gases or vapors are or may be present in quantities sufficient to produce explosive or ignitable mixtures.
(2) Class 2 Locations: Class 2 Locations are those which are hazardous be­cause of the presence of combustible dust.
(3) Class 3 Locations: Class 3 Locations are those which are hazardous be­cause of the presence of easily ignitable fibers or flyings, but in which such fibers or flyings are not likely to be in suspension in air in quantities sufficient to produce ignitable mixtures.
(4) See the National Electrical Code, NFPA 70-1971; ANSI CI-1971 (Rev. of CI-1968) for further definitions of Divisions 1 and 2 for each class.
(b) All components and utilization equipment used in a hazardous location shall be chosen from among those listed by a na­tionally recognized testing laboratory, such as Underwriters Laboratories, Inc., or Factory Mutual Engineering Corporation, except custom-made components and utilization equipment.
(c) Equipment approved for a specific hazardous location shall not be installed or intermixed with equipment approved for another specific hazardous location.
(d) Employer shall ensure that all wiring components and utilization equipment are maintained as vapor, dust, or fiber tight as contemplated by their approvals. There shall be no loose or missing screws, gaskets, thread­ed connections, or other impairments to this tight condition.
32.6. Definitions applicable to this sub­part.
(a) The definition of "Approved" as set forth in this section shall apply.
(b) "Bonding Jumper" a conductor to assure the required electrical conductivity between metal parts required to be electrically connected.
(c) "Branch Circuits" that portion of a wiring system extending beyond the final over­current device protecting the circuit. (A device not approved for branch circuit protec­tion, such as thermal cutout or motor overload protective device, is not considered as the overcurrent device protecting the circuit.)
(d) "Circuit Breaker" a device de­signed to open and close a circuit by manual means, an to open the circuit automatically on a predetermined overload of current, without injury to itself when properly applied within its rating.
(e) "Exposed" (as applied to live parts) means that a live part can be inadvertently touched or approached nearer than a safe distance by a person. This term applies to parts not suitably guarded, isolated, or insulat­ed.
(f) "Ground" a conducting connection, whether intentional or accidental, between an electrical circuit or equipment and earth, or to some conducting body which serves in place of the earth.
(g) "Grounded" connected to earth or to some conducting body which serves in place of the earth.
(h) "Hazard" is considered to include casualty, fire, and shock when applicable.
(i) "Isolated" means not readily acces­sible to person unless special means of access are used.
(j) "Raceway" any channel for loosely holding wires or cable in interior work which is designed expressly and used solely for this purpose. Raceways may be of metal, wood, or insulating material, and the term includes wood and metal moldings consisting of a backing and capping, and also metal ducts into which wires are to be pulled.
(k) "Shock Hazard" considered to exist at an accessible part in a circuit between the part and ground, or other accessible parts if the potential is more than forty-two and four­tenths (42.4) volts peak and the current through a one thousand five hundred (1,500)-ohm load is more than five (5) milliampheres.
(l) "Weatherproof" so constructed or protected that exposure to the weather shall not interfere with successful operation.

W. Va. Code R. § 36-23-32