(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) (I) Regulate a licensed master electrician, journeyman electrician,
residential wireman, or photovoltaic installer who, acting within their scope of
competence, supervises a solar photovoltaic installation pursuant to section 40-2-128.
(II) 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:
(A) Be performed by a licensed master electrician, a licensed journeyman
electrician, a licensed residential wireman, or properly supervised electrical
apprentices; and
(B) 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.
(III) Only an electrical contractor or a photovoltaic installer may perform or
offer to perform photovoltaic electrical work for installations of less than three
hundred kilowatts.
(f.5) Regulate photovoltaic electrical work for installations of less than three
hundred kilowatts performed in accordance with section 40-2-128;
(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.
(5) (a) Notwithstanding any authority granted to the board by this section
and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board
do not apply to activity required to undertake or complete the construction or
installation of a factory-built structure, as defined in section 24-32-3302 (11).
(b) Electrical installations that connect these structures to external utility
sources and that are not considered actions to complete the installation of a
factory-built structure as required by a registered installer must be completed by a
licensed electrician under a registered electrical contractor.
(c) The inspection and inspectors of these installations, other than those
authorized to be performed by a registered installer, are regulated in this article 115
and must be performed by licensed electrical inspectors.