Chapter 4101:2-93 Electrical Safety Inspectors

4101:2-93-01 Electrical safety inspectors, authority for issuing certificates of competency.

Pursuant to sections 3783.01 to 3783.08 and 3783.99 of the Revised Code, rules 4101:2-93-01 to 4101:2-93-12 of the Administrative Code, are applicable relative to the issuing of certificates of competency to qualified electrical safety inspectors and electrical safety inspector trainees.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 05/09/89

4101:2-93-02 Electrical safety inspectors, definitions.

(A) “Board of building standards or “board” as used herein, means the board established by section 3781.07 of the Revised Code.

(B) “Electrical safety inspector” means a person who is certified as provided in Chapter 3783. of the Revised Code.

(C) “Electrical safety inspector trainee” means a person who is certified in accordance with rule 4101:2-93-09 of the Administrative Code as provided in Chapter 3783. of the Revised Code.

(D) “Evidence” means acceptable and usable evidence, required as a part of any consideration or action on the part of the board, and may consist of any document or record of any kind, such as photographs, news items, advertisements, listings, diplomas, awards, certificates, contracts, agreements, letters, letterheads, invoices, signs, and certified personal statements. Each item of evidence shall be clearly marked to ensure positive and certain identification. It shall be the responsibility of the applicant to satisfy the board as to the sufficiency of the record or the evidence.

(E) “NEC” means the edition of the “National Electrical Code (NFiPA 70)” currently referenced in the “Ohio Building Code.”

(F) “Ohio Building Code” means the rules and regulations adopted by the board of building standards under Chapter 3781. of the Revised Code.

(G) “Practice of electrical inspection” includes any ascertainment of compliance with the “Ohio Building Code” or the electrical code of a political subdivision of this state by a person, who, for compensation, inspects the construction and installation of electrical conductors, fittings, devices, and fixtures for light, heat or power service equipment, or the installation, alteration, replacement, maintenance, or repair of any electrical wiring and equipment that is subject to any of the aforementioned codes.

(H) “Renewal” and “renewed” as used in Chapters 119., 3783., and 4745. of the Revised Code shall be construed to mean the due date of the annual fee for such continuing license.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 3/26/71, 2/1/87, 6/1/89, 1/1/03

4101:2-93-03 Electrical safety inspectors, filing applications and fees.

(A) Applications will be received at all times at the office of the board. Applications for written examinations shall be filed at least forty-five days prior to the date of examination.

(B) A nonrefundable fee of thirty dollars shall be submitted with the application. The application shall expire if not used within one year. If a second examination is required, the nonrefundable fee shall be twenty dollars. The second examination shall be taken within two years of the initial application.

(C) Each applicant shall submit, with the formal application, authentic proof of the statements made therein, by attaching such documentary evidence, affidavits, registrar’s statements, diplomas, published data, photographs, photostats (all eight and one-half inches by eleven inches where possible) or any other sworn or proven evidence as, in the discretion of the board, may be sufficient to show the board that the applicant is clearly eligible under the section of the law upon which the application is based.

(1) The board shall retain, as a permanent part of the application, any or all documents submitted, which shall be properly marked for identification and ownership. Original documents may be replaced by photostatic copies of such documents, at the request and expense of the applicant.

(2) Personal appearance before the board, if required, shall be at the time and place designated by the board.

(3) Failure to comply, within ninety days from date of written request from the board, for additional evidence or information, or to appear before the board, when such an appearance is deemed necessary by the board, may be considered as just and sufficient cause for disapproval of the application and forfeiture of the application fee.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 9/30/72, 6/1/89, 8/22/91, 1/1/97

4101:2-93-04 Electrical safety inspectors, procedure relative to applications.

(A) All applications shall be considered by the board and the action taken shall be recorded in the minutes, noted on the application form, and the applicant so notified.

(B) The board reserves the right to establish or change the classification under which the applicant is claiming eligibility to take the examination.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 3/26/71

4101:2-93-05 Electrical safety inspectors, administration.

(A) The applicant who has passed the examination as required in division (B) of section 3783.03 of the Revised Code, shall be issued a certificate of competency as provided under section 3783.04 of the Revised Code.

Only one certificate of competency shall be issued to an electrical safety inspector.

(B) The failure on the part of any registrant to renew his certificate prior to expiration shall not deprive such person of the right of renewal within the following twelve months, but the fee to be paid for the renewal of a certificate after expiration shall be increased fifty per cent. The board may waive the payment of the renewal fees of a registrant during the period when he is on active duty in connection with any branch of the armed forces of the United States. If a certificate is not renewed within one year from date of expiration, and has not been placed in elective temporary suspension pursuant to paragraph (A)(2) of rule 4101:2-93-07 of the Administrative Code, its renewal shall be allowed only by reexamination.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 3/26/71, 5/25/79, 5/5/89

4101:2-93-06 Electrical safety inspectors, qualifications and examinations.

(A) An applicant for an electrical safety inspector certificate of competency and certification shall meet any of the following qualifications:

(1) Has been a journeyman electrician or equivalent for four years, two years of which were as an electrician foreman, and has had two years experience as a building inspector trainee of electrical systems;

(2) Has been a journeyman electrician or equivalent for four years and has had three years experience as a building inspector trainee of electrical systems;

(3) Has had four years experience as a building inspector trainee of electrical systems;

(4) Had been a journeyman electrician or equivalent for six years; or

(5) Is a graduate electrical engineer and registered by the state of Ohio.

(B) An applicant qualifying under paragraph (A) of this rule shall submit a completed application form prescribed by the board. A non-refundable processing fee of thirty dollars shall accompany the application.

(C) Applicants wishing to obtain a certificate of competency and a two year interim certification from the board shall furnish the board with certification or evidence of passing a board approved electrical inspector examination issued by a national model code organization or a testing agency or entity recognized by the board.

(1) An applicant who fails two examinations shall not be eligible to take another examination until he has successfully completed a training program in accordance with rules 4101:2-93-09, 4101:2-93-10, and 4101:2-93-11 of the Administrative Code. No applicant shall be permitted to enroll in a trainee program for more than four years.

(2) If the board determines that the applicant meets the qualifications listed in paragraph (A) of this rule and the applicant has submitted evidence of successfully passing the required examination, a certificate of competency and a two year interim certification shall be issued.

(D) A copy of these instructions shall be furnished to each applicant with the application forms In order to obtain full certification from the board as a certified electrical safety inspector, all applicants shall also complete the “Ohio Building Code Academy” as prescribed in rule 4101:1-1-03 of the Administrative Code.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 9/30/72, 12/30/77, 6/1/89, 1/1/97, 9/6/05

4101:2-93-07 Electrical safety inspectors, certificates.

(A) A certificate of competency as an electrical safety inspector shall be issued to any person whom the board determines to be of good moral character and who passes an examination prescribed by the board.

(1) The term of the original certificate shall expire on the last day of December following two full years from the date of issuance. Thereafter, the certificate holder shall renew at three-year intervals.

(2) Certificates may be placed in elective temporary suspension upon written request to and approval by the board. Requests shall be in writing at least sixty days prior to the expiration date and supported by satisfactory evidence that the holder is withdrawing from active employment as an electrical safety inspector.

(a) Certificates placed in elective temporary suspension for a period of time not to exceed one three-year term following the expiration date may be restored to active status by the board upon written request supported by satisfactory evidence that the holder has attended an approved refresher course within a year prior to the date of reinstatement and payment of the thirty-dollar renewal fee.

(b) Certificates placed in elective temporary suspension for a period of time exceeding one three-year term following the expiration date may be restored to active status by the board upon written request supported by the passing of an examination prescribed by the board and payment of the thirty-dollar renewal fee.

(3) Electrical safety inspectors shall attend board sponsored continuing education courses and complete thirty hours of refresher training courses, approved by the board of building standards, during the three-year period prior to expiration of certificate of competency as a condition of certificate renewal.

(B) A certificate of competency renewal fee shall be thirty dollars.

(C) A duplicate certificate may be issued to a certified electrical safety inspector upon proof that his original certificate has been lost, stolen, destroyed or mutilated.

(D) The board shall issue an identification card to all holders of certificates of competency so that electrical safety inspectors may be able to show proof of their certification upon request of any person affected by their inspections.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 7/1/74, 5/25/79, 5/1/80, 2/1/87, 8/22/91, 1/1/97

4101:2-93-08 Electrical safety inspectors and trainees, complaints and revocation or suspension of certificate.

The board, upon its own motion or upon written complaint of any person affected by enforcement, shall investigate the actions of any electrical safety inspector and shall revoke or suspend the certificate of any electrical safety inspector or trainee who violates paragraph (A), (B), or (C) of this rule. Hearings shall be held and appeals permitted on any such proceedings for revocation or suspension of a certificate of competency as an electrical safety inspector or trainee as provided in paragraph (D) of this rule.

(A) The electrical safety inspector or trainee shall familiarize himself with the various codes, rules, and regulations governing buildings in the areas where he performs inspections. He shall be familiar with the authority having jurisdiction over any building or project he inspects and shall provide inspection service in strict conformance with the applicable codes, rules, and regulations for such area. He shall be knowledgeable of the requirements of the Ohio Revised Code and the rules of the board of building standards relative to certification and to the practice of electrical inspection and shall adhere to such requirements.

(B) No person employed as a certified electrical safety inspector or trainee by the state or political subdivision thereof, who engages in the “practice of electrical inspection,” shall engage in electrical installation within the jurisdiction by which he is employed. Further, such person shall not inspect any work furnished by a private contractor that employs him on a full-time, part-time, or incidental basis, nor commit a conflict of interest under sections 102.03 and 102.04 of the Revised Code.

(C) The electrical safety inspector or trainee shall neither approve nor disapprove work of which he does not have personal knowledge nor for which he does not have the authority or jurisdiction. He shall refrain from engaging in misrepresentation of his authority or responsibility. No electrical safety inspector is authorized to secure a seal in any form or of any type for use in the performance of any duties. He shall not use his certification as an electrical safety inspector or trainee to secure special favor or treatment. If he has knowledge of violations of the rules and regulations of the board of building standards or the Ohio Revised Code governing the practice of electrical inspection, he shall submit such information, together with available evidence, to the board of building standards.

(D) When a complaint against an electrical safety inspector or trainee has been investigated and found to be justified:

(1) He shall be notified of the charges by certified mail, return receipt requested. He shall be informed that he has thirty days from the date of the mailing to request a hearing before the board an may be represented by counsel;

(2) The board shall schedule a hearing seven to fifteen days after receipt of the request, unless another date is mutually agreed upon by both parties. The board may continue or postpone the hearing upon application by the party or upon it own motion;

(3) Following the hearing, the board may either dismiss the complaint or issue an order revoking or suspending certification. Failure to request a hearing shall cause the board to issue an order revoking or suspending certification; and

(4) The party affected shall be sent a certified copy of the order and informed by certified mail, return receipt requested, that he may appeal the order within fifteen days to the court of common pleas in Franklin county pursuant to sections 3783.07, 3781.101, and 119.12 of the Revised Code.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 3/15/74, 7/10/81, 7/1/85, 6/1/89, 8/1/90, 5/15/91, 4/1/00

4101:2-93-09 Electrical safety inspectors, trainee qualifications.

(A) Applicants for a trainee certificate shall have two years experience in the installation of electrical systems covered by the “National Electrical Code” as adopted by the board of building standards. One year of approved vocational training in fundamentals of electricity may be substituted for one year of experience.

(B) The trainee shall be a full-time employee of the political subdivision and shall be under the supervision of a person holding a certificate of competency as an electrical safety inspector who is a full-time employee of the same political subdivision.

(C) Applications for trainee certificates will be received at the office of the board. A nonrefundable fee of thirty dollars shall be submitted with the application. The application shall expire if not used within one year.

(D) Each applicant shall submit, with the formal application, proof of the statements made therein, by attaching such documentary evidence, affidavits, registrar’s statements, diplomas, published data, photographs, or legible reproductions (all eight and one-half inches by eleven inches where possible), or any other sworn or proven evidence as, in the discretion of the board, may be sufficient to show the board that the applicant is eligible.

(1) The board shall retain, as a permanent part of the application, any or all documents submitted, which shall be properly marked for identification and ownership. Original documents may be replaced by legible reproductions of such documents, at the request and expense of the applicant.

(2) Personal appearance before the board, if required, shall be at the time and place designated by the board.

(3) Failure to comply within ninety days from date of written request from the board for additional evidence or information or to appear before the board when such an appearance is deemed necessary by the board, may be considered as just and sufficient cause for disapproval of the application.

(E) All applications shall be considered by the board and the action taken shall be recorded in the minutes, noted on the application form, and the applicant so notified.

(F) The board shall issue an electrical safety inspector trainee certificate to each applicant who has met the qualification requirements and has notified the board of the name of the political subdivision providing full-time employment and the name of his supervising sponsor. The certificate is issued for one four-and-one-half-year period and shall not be renewable.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 6/1/89, 8/22/91, 1/1/97

4101:2-93-10 Electrical safety inspector trainee, duties and requirements.

(A) The trainee engaged in making electrical inspections shall be sponsored by a certified electrical safety inspector who shall be available to the trainee during working hours and who shall supervise and check the trainee’s work and be responsible for and sign off on all of the trainee’s inspections, reports, and interpretations.

(B) The political subdivision providing full-time employment for the trainee shall provide a copy of the current OBBC and NEC which shall be with the trainee on each inspection.

(C) The trainee shall attend and successfully complete two approved thirty-hour courses and related tests covering the fundamentals of electricity and the “National Electrical Code.” During the first year, the trainee shall attend one of the two courses and pass the related test. The second course and test shall be successfully completed prior to the examination for a certificate of competency in accordance with rule 4101:2-93-06 of the Administrative Code.

(D) No credit shall be given and no inspections shall be made unless a sponsor is on record in accordance with paragraph (A) of this rule.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 6/1/89, 5/15/91

4101:2-93-11 Certified electrical safety inspector trainee sponsor, duties and requirements.

(A) Sponsors for trainees shall not be responsible for more than two trainees at one time.

(B) The sponsor shall:

(1) Be employed by the same political subdivision as the trainee;

(2) Immediately notify the board of the trainees under his supervision;

(3) Within thirty days, notify the board of any change in sponsor and trainee status;

(4) Supervise and be responsible for the trainee’s inspections, and sign the reports of the trainee;

(5) Provide an annual report containing all inspections made by the trainee with an evaluation of the trainee. In addition, one such report shall be made at the end of the first six months; and

(6) Document and report annually to the board not less than twenty-five inspections, those of which the sponsor accompanied and directly supervised the trainee.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 6/1/89

4101:2-93-12 Electrical safety inspector trainee and sponsor, mutual responsibilities.

Individuals who fail to comply with their respective duties and requirements pursuant to rules 4101:2-93-10 and 4101:2-93-11 of the Administrative Code shall be subject to revocation or suspension of certificate in accordance with rule 4101:2-93-08 of the Administrative Code.

R.C. 119.032 review dates: 07/10/2007 and 07/01/2012

Promulgated Under: 119.03

Statutory Authority: 3781.10(E)

Rule Amplifies: 3781.03, 3791.04

Prior Effective Dates: 6/1/89

4101:2-93-13 Electrical safety inspectors certificate revocation or suspension.

(A) The board, upon its own motion or upon written complaint of any person affected by enforcement or approval of plans, shall investigate the actions of an electrical safety inspector or electrical trainee certificate holder if there is an allegation implying any of the following:

(1) The practice of fraud or deceit in obtaining the certificate;

(2) A felony or crime involving moral turpitude;

(3) Gross negligence, incompetence, or misconduct in performance of the inspector’s duties;

(4) Failure to complete the continuing education requirements prior to the expiration date of the certificate.

(B) After the investigation, the board shall initiate the process of holding an adjudication hearing in accordance with the provisions of paragraph (D) of rule 4101:2-93-08 of the Administrative Code and Chapter 119. of the Revised Code.

Effective: 05/27/2007

R.C. 119.032 review dates: 05/07/2012

Promulgated Under: 119.03

Statutory Authority: 3783.05

Rule Amplifies: 3783.03(D)