Section 12-115-119 - Inspectors - qualifications - enforcement of licensing and apprentice-supervision-ratio requirements - rules - legislative declaration - definitions(1)(a)(I) The director of the division is hereby authorized to appoint or employ, with the power of removal, competent persons licensed under this article 115 as journeymen or master electricians as state electrical inspectors. The director is also authorized to appoint or employ, with the power of removal, for the purpose of inspecting one-, two-, three-, or four-family dwellings, competent persons with the following qualifications: (A) Persons who have passed the written residential wireman's examination described in section 12-115-110.(I.5) For purposes of conducting compliance checks specified in subsection (3) of this section, the director shall appoint or employ two individuals to conduct the compliance checks. The director may appoint or employ individuals who are licensed under this article 115 or may appoint or employ individuals who are not licensed under this article 115 but who demonstrate substantial prior work experience in the electrical or construction industry. Individuals appointed or employed pursuant to this subsection (1)(a)(I.5) shall limit their activities to conducting compliance checks of matters specified in said subsection (3).(II) State electrical inspectors and individuals performing compliance checks pursuant to subsection (3) of this section may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant; except that the director may contract with any electrical inspector regularly engaged as such and certify the electrical inspector to make inspections in a designated area at such compensation as fixed by the director. State electrical inspectors and individuals performing compliance checks pursuant to subsection (3) of this section have the right of ingress and egress to and from all public and private premises during reasonable working hours where this article 115 applies for the purpose of making electrical inspections, conducting compliance checks pursuant to subsection (3) of this section, or otherwise determining compliance with this article 115. In order to avoid conflicts of interest, a state electrical inspector hired under this section shall not inspect any electrical work in which the inspector has any financial or other personal interest and shall not engage in the electrical business by contracting, supplying material, or performing electrical work.(b) Any employee of a private, municipal, or cooperative electric utility rendering service to the ultimate public shall be prohibited from employment as an electrical inspector only when in the performance of any electrical work as defined in this article 115. Electrical inspectors performing electrical inspections who are employed by any city, town, county, city and county, or qualified state institution of higher education shall possess the same qualifications required of state electrical inspectors under this section; shall be registered with the board prior to the assumption of their duties; shall not inspect any electrical work in which the inspector has any financial or other personal interest; and shall not be engaged, within the jurisdiction employing the inspector, in the electrical business by contracting, supplying material, or performing electrical work as defined in this article 115. Additionally, electrical inspectors performing electrical inspections who are employed by a qualified state institution of higher education shall possess an active journeyman or master electrician license. A supervisor overseeing the work of an electrical inspector who is employed by a qualified state institution of higher education shall not direct the electrical inspector to violate any provision of this article 115. An electrical inspector employed by a qualified state institution of higher education shall not be coerced by a supervisor when filing a complaint with the board or when the electrical inspector disapproves an electrical installation that violates the provisions of this article 115.(c) Nothing in this article 115 shall be construed to limit any inspector from qualifying as an inspector in other construction specialties.(2)(a) State electrical inspectors appointed or employed pursuant to subsection (1) of this section may:(I) Conduct inspections and investigations pursuant to section 12-115-122 (2) on behalf of the program director; and(II) Provide service of process for a citation served pursuant to section 12-115-122 (4)(b) in compliance with rule 4 of the Colorado rules of civil procedure.(b) Individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this section who are not licensed master or journeyman electricians but who demonstrate substantial prior work experience in the electrical or construction industry may conduct compliance checks pursuant to subsection (3) of this section.(3)(a) The general assembly finds and declares that it is a matter of statewide concern to protect public safety and health by ensuring that individuals who perform electrical work have the skills necessary to perform the work. The general assembly therefore determines that board enforcement of the licensing requirements in this article 115 and the limits on the number of apprentices a licensed electrician is permitted to supervise specified in section 12-115-115 (1) is essential to protect public safety and health.(b) The board shall direct individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this section to: (I) Conduct compliance checks to ensure compliance with the licensing and supervisor-to-apprentice ratio requirements specified in this article 115 on projects throughout the state where electrical work is being performed, regardless of whether the permit for the electrical work was issued by the board, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education; and(II) Prioritize for compliance checks projects that provide or will provide critical services to residents of the state.(c) To ensure compliance with the licensing and supervisor-to-apprentice ratio requirements pursuant to subsection (3)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this section shall conduct compliance checks at projects throughout the state where electrical work is being performed to ensure that:(I) The individual performing the electrical work is licensed as a master electrician, journeyman electrician, or residential wireman or is a registered apprentice being directly supervised by a licensed master electrician, journeyman electrician, or residential wireman; and(II) A master electrician, journeyman electrician, or residential wireman is complying with the limit on the number of apprentices the electrician may supervise per job site specified in section 12-115-115 (1).(d) Nothing in this subsection (3) affects the ability of a local government to permit or inspect electrical work in accordance with section 12-115-120 (1).(e) As used in this subsection (3): (I) "Local government" means an incorporated town or city, a county, or a city and county.(II) "Project that provides or will provide critical services" means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including: (B) A public school or institution of higher education;(D) A train station or public transit station;(E) A hospital, nursing facility, assisted living residence, or other health-care facility required to be licensed or certified by the department of public health and environment under title 25;(F) A renewable energy installation or a project of a utility regulated by the public utilities commission pursuant to title 40; and(G) Any other commercial or multifamily residential public project specified by the board by rule.Amended by 2022 Ch. 483, § 1, eff. 1/1/2023.Renumbered from C.R.S. § 12-23-115 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Amended by 2017 Ch. 193, § 2, eff. 1/1/2019.Amended by 2015 Ch. 118, § 3, eff. 4/24/2015.Amended by 2014 Ch. 378, § 25, eff. 6/6/2014.L. 65: p. 1228, § 9. C.R.S. 1963: § 142-2-18. L. 71: p. 1296, § 1. L. 73: p. 934, § 24. L. 77: Entire section amended, p. 654, § 1, effective May 26. L. 78: Entire section amended, p. 322, § 10, effective July 1. L. 81: (1) amended, p. 746, § 1, effective May 18. L. 88: IP(1)(a)(I) and (1)(a)(II) amended and (2) repealed, pp. 498, 502, §§ 14, 23, effective July 1. L. 94: (3) added, p. 35, § 2, effective July 1. L. 2010: (1)(a)(I)(B) and (3)(a) amended, (HB 10 -1225), ch. 198, p. 865, § 17, effective July 1. L. 2014: (1)(b) amended, (HB 14-1387), ch. 378, p. 1824, § 25, effective June 6. L. 2015: (1)(b) amended, (HB 15-1295), ch. 118, p. 357, § 3, effective April 24. L. 2017: (1)(a)(I) amended, (SB 17-247), ch. 193, p. 707, § 2, effective January 1, 2019.This section is similar to former § 12-23-115 as it existed prior to 2019.
2022 Ch. 483, was passed without a safety clause. See Colo. Const. art. V, § 1(3).