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