2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 115 - ELECTRICIANS (§§ 12-115-101 — 12-115-124) › Section 12-115-107 - Board powers and duties - rules - definition

(1)
(a)
The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary.
(b)
A majority of the board shall constitute a quorum for the transaction of all business.
(2)
In addition to all other powers and duties conferred or imposed upon the board by this article 115, the board is authorized to:
(a)
(I)
Adopt, and from time to time revise, rules pursuant to section
12-20-204
. In adopting the rules, the board shall be governed when appropriate by the standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article
4
of title
24
. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section
12-20-105
.
(II)
In the event of a conflict between the 2021 international energy conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section
24-38.5-401 (5)
, or any energy codes adopted by either a local government or divisions in the executive branch of state government and the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a), the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.
(b)
Register apprentices and register and renew the registration of qualified electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115;
(c)
Cause the prosecution and enjoinder, in accordance with section
12-20-406
, of all persons violating this article 115 and incur necessary expenses therefor;
(d)
Inspect and approve or disapprove the installation of electrical wiring, renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to:
(I)
An inverter-based hydroelectric energy facility generating one hundred kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a micro hydro assembly manufactured for the purpose of generating electricity in a micro hydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a "micro hydro system" means a hydroelectric generation system that generates one hundred kilowatts or less.
(II)
An induction-based hydroelectric energy facility generating one hundred kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified:
(A)
To a listing standard by a field evaluation body or nationally recognized testing laboratory; or
(B)
By a professional engineer, by means of signing and stamping documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems.
(e)
Apply any hydroelectric energy provisions of an updated national electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically;
(f)
Regulate a licensed master electrician, journeyman electrician, or residential wireman who, acting within his or her scope of competence, supervises a solar photovoltaic installation pursuant to section
40-2-128
. On and after January 1, 2020, all photovoltaic electrical work for installations of at least three hundred kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must be performed by a licensed master electrician, licensed journeyman electrician, licensed residential wireman, or properly supervised electrical apprentices and must comply with all applicable requirements of this article 115, including sections
12-115-109
and
12-115-115
, and all applicable rules of the board.
(g)
Review and approve or disapprove requests for exceptions to the national electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;
(h)
Conduct investigations and hearings and gather evidence in accordance with the provisions of sections
12-20-403
and
24-4-105
;
(i)
Enter into reciprocal licensing agreements with the electrical board, or its equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado;
(j)
Find, upon holding a hearing, that an incorporated town or city, county, city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2);
(k)
Issue an order to cease and desist from issuing permits or performing inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section;
(l)
Apply to a court to enjoin an incorporated town or city, county, city and county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section.
(3)
(a)
No later than September 1, 2023, the board shall promulgate rules requiring that, to obtain an electrical permit under this article 115 on or after March 1, 2024, a permit applicant must comply with the EV power transfer infrastructure requirements for multifamily buildings in the model electric ready and solar ready code.
(b)
(I)
If the rules adopted in accordance with this subsection (3) conflict with a provision of the building or zoning code, the rules prevail unless the provision provides for greater access to parking supplied by EV power transfer infrastructure than is required by the rules.
(II)
If a provision of a local building or zoning code prevents a project or development from complying with the rules adopted in accordance with this subsection (3), then the rules prevail.
(c)
(I)
This subsection (3) applies to electrical permits for new construction of or for major renovations of multifamily buildings that must comply with the EV power transfer infrastructure requirements of the model electric ready and solar ready code.
(II)
The board and the department shall not enforce the rules promulgated under subsection (3)(a) of this section before March 1, 2024.
(III)
If an electrical permit application is submitted to a local electrical inspection authority before the enforcement date in subsection (3)(c)(II) of this section but an electrical permit has not yet been issued, the local electrical inspection authority may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.
(IV)
If a site development plan application is submitted to a local government and has been approved by March 1, 2024, the local government may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.
(d)
(I)
In promulgating the rules required under subsection (3)(a) of this section, the board shall ensure all requirements adopted in the rules are in compliance with the requirements of the national electrical code, as amended under subsection (2)(a)(I) of this section.
(II)
Within ninety days after any update made by the energy code board to the EV power transfer infrastructure requirements for multifamily housing in the model electric ready and solar ready code, the board shall update the rules promulgated under subsection (3)(a) of this section with the same changes. The board shall not enforce the updated rules until two hundred seventy days after the updated rules are adopted.
(III)
The rules promulgated under subsection (3)(a) of this section do not supersede or preempt the safety requirements of other building codes, whether promulgated by an agency of the state of Colorado or of a local government.
(e)
Any installations or upgrades performed in accordance with the rules promulgated under this subsection (3) on the load side of the utility meter must comply with this article 115, including subsection (2)(a) of this section, which requires compliance with the national electrical code, and sections
12-115-109
and
12-115-115
, and all rules of the board.
(f)
For all electric vehicle infrastructure or charging stations owned by an electric utility, the utility shall comply with section
40-5-107 (3)(b)
.
(g)
As used in this subsection (3) and in subsection (4) of this section:
(I)
"Electric vehicle charging system" has the meaning set forth in section
38-12-601 (6)(a)
.
(II)
"EV power transfer infrastructure" means any system that is used to charge electric vehicles and that is addressed in or required by the model electric ready and solar ready code.
(III)
"Major renovations" means renovations that change a minimum of fifty percent or more of the parking area.
(IV)
"Model electric ready and solar ready code" means the code developed by the energy code board under section
24-38.5-401 (5)(a)
to make buildings electric ready as specified in section
24-38.5-401 (5)(b)
.
(4)
(a)
Notwithstanding any authority granted to the board by this section, the board shall not promulgate rules prohibiting the installation of electric vehicle charging systems unless the rules are narrowly drafted to address a bona fide safety concern.
(b)
Any rule promulgated by the board that prohibits the installation of electric vehicle charging systems is subject to judicial review as authorized in article
4
of title
24
.
Amended by 2023 Ch. 245,§ 2, eff. 5/23/2023.
Amended by 2022 Ch. 301, § 2, eff. 6/2/2022.
Amended by 2019 Ch. 360, § 4, eff. 10/1/2019.
Renumbered from C.R.S. §
12-23-104
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2019 Ch. 360, § 1, eff. 8/2/2019.
Amended by 2015 Ch. 244, § 1, eff. 5/29/2015.
Amended by 2014 Ch. 287, § 1, eff. 8/6/2014.
Amended by 2014 Ch. 378, § 23, eff. 6/6/2014.
Amended by 2013 Ch. 159, § 1, eff. 5/3/2013.
L. 59: p. 417, § 3. CRS 53: § 107-2-3. C.R.S. 1963: § 142-2-3. L. 65: pp. 1221, 1222, §§ 3, 4. L. 71: p. 1290, § 2. L. 73: pp. 1503, 1505, §§ 1, 1. L. 74: (3)(c) amended, p. 439, § 1, effective January 24. L. 75: (3)(h) amended, p. 1465, § 3, effective July 18; (3)(a) amended, p. 438, § 2, effective July 25. L. 78: (3)(a) amended, p. 319, § 6, effective July 1. L. 79: (3)(a) amended, p. 1646, § 75, effective July 19. L. 81: (3)(a) amended, p. 744, § 1, effective July 1. L. 84: (3)(a) amended, p. 415, § 1, effective July 1. L. 87: (3)(a) amended, p. 506, § 1, effective June 20; (3)(c) amended, p. 480, § 20, effective July 1. L. 88: Entire section R&RE, p. 491, § 4, effective July 1. L. 91: (2)(i) added, p. 1478, § 1, effective July 1. L. 99: (2)(j) added, p. 268, § 1, effective April 9. L. 2001: (1)(a) amended and (2)(b) repealed, pp. 275, 276, §§ 4, 5, effective March 30. L. 2004: (2)(d) amended, p. 1808, § 32, effective August 4. L. 2009: (2)(f) and (2)(i) amended, (HB 09 -1136), ch. 407, p. 2244, § 2, effective August 5. L. 2010: (1)(a) and (2)(c) amended and (2)(k), (2)(l), and (2)(m) added, (HB 10-1225), ch. 198, pp. 862, 858, §§ 9, 5, effective July 1. L. 2013: (2)(f.5) added, (SB 13-186), ch. 159, p. 513, § 1, effective May 3. L. 2014: (2)(a), (2)(k), (2)(l), and (2)(m) amended, (HB 14-1387), ch. 378, p. 1823, § 23, effective June 6; (2)(f) amended, (HB 14-1030), ch. 287, p. 1177, § 1, effective August 6. L. 2015: (2)(f) amended and (2)(f.3) added, (HB 15-1364), ch. 244, p. 901, § 1, effective May 29.
(1) This section is similar to former § 12-23-104 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1003. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019.