NLR 120/96 - Electrical Regulations under the Public Safety Act

NEWFOUNDLAND AND LABRADOR REGULATION 120/96 Electrical Regulations under the Public Safety Act (O.C. 96-502) Amended by: 2010 c28 s2 NEWFOUNDLAND AND LABRADOR REGULATION 120/96 Electrical Regulations under the Public Safety Act (O.C. 96-502) (Filed December 20, 1996) Under the authority of section 33 of the Public Safety Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John's, December 20, 1996. Wayne Green for the Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions PART I RESTRICTIONS ON WORK PERFORMANCE 3. Fees 4. Electrical work qualifications PART II REGISTRATION 5. Electrical certificate 6. Contractor's certificate 7. Certification by representatives PART III PERMITS 8. Installation and repair permits 9. Maintenance permits PART IV INSPECTION AND CERTIFICATION 10. Notification of completion of work PART V CANCELLATION AND SUSPENSION 11. Suspension or cancellation of certificates 12. Contractor's certificates 13. Disqualification of representatives 14. Rep. by 2010 c28 s2 15. Offence 16. Commencement 17. Existing certificates Short title 1. These regulations may be cited as the Electrical Regulations. 120/96 s1 Back to Top Definitions 2. In these regulations (a) "chief inspector" means the chief inspector of electrical systems; (b) "contractor's certificate" means a contractors certificate issued in accordance with section 6; (c) "electrical certificate" means an electrical registration certificate unrestricted in terms of current, voltage and phase issued in accordance with section 5; (d) "electrical qualification certificate" means (i) an interprovincial journeyman certificate of qualification - electrical construction, issued by a Canadian jurisdiction, or (ii) a provincial journeyman certificate of qualification - electrical construction, issued by the Institutional and Industrial Education Division of the Department of Education; (e) "electrical work" means the installation, replacement, removal, connection, disconnection, alteration, maintenance or repair of electrical systems and equipment coming within the scope of the Canadian Electrical Code, Part 1; (f) "establishment" means any land and includes a structure or building located on the land; (g) "government service centre" means the Government Service Centre; (h) "registered apprentice" means a person registered with the Institutional and Industrial Education Division of the Department of Education as an electrical apprentice; (i) "registered contractor" means the holder of a contractor's certificate issued in accordance with section 6; (j) "residential contractors certificate" means a contractor's certificate issued in accordance with section 6 restricted to residential installations where the current does not exceed 240 volts and only single phase power is supplied; (k) "restricted contractor's certificate" means a contractor's certificate issued in accordance with section 6 restricted to installations where the current does not exceed 800 amps and the voltage does not exceed 750 volts; and (l) "unrestricted contractor's certificate" means a contractor's certificate issued in accordance with section 6 and is unrestricted in terms of current, voltage and phase. 120/96 s2 PART I RESTRICTIONS ON WORK PERFORMANCE Back to Top Fees 3. A person shall pay all fees that may be set by the minister. 120/96 s3 Back to Top Electrical work qualifications 4. (1) A person shall not do electrical work unless he or she (a) is a registered contractor who holds an installation and repair permit; (b) holds an electrical certificate and is an employee of a registered electrical contractor who holds an installation and repair permit; (c) holds an electrical certificate and is an employee or agent of the holder of a maintenance permit; (d) is the employee or agent of a company hired to supply and maintain highly specialized electrical equipment like medical equipment, computer systems and controls and instrumentation, including the commissioning, maintenance and repair of this equipment, and applies in writing to the chief inspector for permission under subsection (2) and is granted that permission; (e) is a registered apprentice working under the direct supervision of the holder of an electrical certificate where the holder of that certificate (i) is a registered contractor who holds an installation and repair permit, (ii) is an employee of a registered contractor who holds an installation and repair permit, or (iii) is an employee or agent of the holder of a maintenance permit; or (f) has been authorized by the chief inspector to complete all or portions of electrical work as provided for by the provisions of subsection 12(1). (2) The chief inspector may, where he or she considers it appropriate, grant special permission to a person referred to in paragraph (1)(d) to supply and maintain highly specialized electrical equipment but a person who does electrical work as a result of the permission shall not do any electrical work except the work to which the permission relates. (3) A person shall not advertise his or her services to do electrical work unless (a) he or she is a registered contractor; and (b) the advertisement displays his or her registered name and number. (4) The standard for design, construction, installation and maintenance of all electrical work performed in the province shall be in accordance with the Canadian Electrical Code, Part 1 as amended. (5) Where a person offers for sale, sells or installs electrical equipment and appliances in the province the person shall ensure that equipment or appliances are certified by an agency that has been accredited by the Standards Council of Canada. (6) At any given time and on any one work site, the number of apprentices working under the supervision of one journeyman shall not exceed that as outlined in the current edition of the "Plan of Training for Electrical Construction" as approved by the Department of Education. 120/96 s4 PART II REGISTRATION Back to Top Electrical certificate 5. An electrical certificate may be issued by the government service centre to a person who holds an electrical qualification certificate and who applies in writing to the government service centre on a form provided by the government service centre. 120/96 s5 Back to Top Contractor's certificate 6. (1) A restricted contractor's certificate may be issued by the government service centre to (a) a person who (i) applies to the government service centre on a form provided by the government service centre, (ii) holds an electrical certificate, and (iii) is not barred under these regulations from holding a contractor's certificate; or (b) a company that (i) applies to the government service centre on a form provided by the government service centre, (ii) employs the holder of an electrical certificate, and (iii) is not barred under these regulations from holding a contractor's certificate. (2) An unrestricted contractor's certificate may be issued by the government service centre to (a) a person who (i) applies to the government service centre on a form provided by the government service centre, (ii) holds an electrical certificate and has at least 2 years experience as the holder of an electrical certificate, and (iii) is not barred under these regulations from holding a contractor's certificate; or (b) a company that (i) applies to the government service centre on a form provided by the government service centre, (ii) employs the holder of an electrical certificate who has at least 2 years experience as the holder of an electrical certificate, and (iii) is not barred under these regulations form holding a contractor's certificate. (3) A residential contractor's certificate may be issued to a person who (a) holds a valid Category B Electrical Contractors Registration Certificate issued under the Electrical Regulations, 1994; or (b) holds a Certificate of Qualification acceptable to the chief inspector. (4) The owner or principal of a company that is the holder of a contractor's certificate issued in accordance with paragraph 6(1)(b) or 6(2)(b) shall immediately notify the chief inspector if the company ceases to meet the requirements of subparagraph 6(1)(b)(ii) or 6(2)(b)(ii). (5) The registered contractor shall ensure that persons who do electrical work on his or her behalf (a) comply with these regulations; and (b) leave electrical work in a safe condition. 120/96 s6 Back to Top Certification by representatives 7. (1) The chief inspector may, where he or she considers it appropriate, require a registered contractor to certify his or her work through a representative appointed by the chief inspector in accordance with subsection (2). (2) A person is eligible for appointment as a representative if the person (a) holds an electrical certificate; (b) is an employee of a registered contractor; and (c) has at least 4 years of experience in electrical work relevant to his or her electrical certificate; or (d) holds a degree in Electrical Engineering and is a member in good standing of the Association of Professional Engineers and Geoscientists for the province and has at least 2 years experience related to electrical work and who certifies that he or she considers himself or herself competent to represent fully and properly a registered contractor. (3) A contractor representative shall deliver to the government service centre a sample of his or her signature and a written statement that he or she has read these regulations and understands and accepts his or her obligations under them. (4) Where the chief inspector has appointed a representative, he or she shall issue a registration certificate to the representative, and the registration certificate shall indicate the scope of the work the representative may certify. (5) A representative shall not certify electrical work until he or she has been issued a registration certificate under subsection (4). (6) A representative shall not (a) certify work outside the scope of his or her registration certificate; (b) represent more than one registered contractor at one time without prior approval of the chief inspector; nor (c) refuse to produce his or her registration certificate indicating his or her appointment as a representative for a person who is authorized to act for the government service centre. (7) A representative shall immediately notify the chief inspector if his or her appointment is revoked by the registered contractor or if he or she, for another reason, is unable to fulfill his or her duties as a representative. (8) A registered contractor shall (a) immediately notify the chief inspector of the revocation of the appointment of a representative; and (b) appoint a replacement representative for a representative whose appointment is revoked or who is unable to fulfill his or her duties as a representative. (9) Where a registered contractor is required by the chief inspector to certify his or her work through a representative, the chief inspector may continue to have the government service centre inspect and certify portions of work completed by the registered contractor as the chief inspector considers necessary to ensure continued compliance with these regulations. 120/96 s7 PART III PERMITS Back to Top Installation and repair permits 8. (1) A registered contractor shall before commencing any electrical work obtain an installation and repair permit from the government service centre. (2) The chief inspector may refuse to issue an electrical permit for, or authorize a connection to, a premises until the requirements of any other legislation relative to that premises have been satisfied. (3) To obtain an installation and repair permit for electrical work other than single family dwellings, the registered contractor or owner of the establishment shall submit plans and specifications to the government service centre for review. (4) An installation and repair permit may be issued for a term of 12 months from the date of issue. (5) An installation and repair permit entitles a registered contractor or his or her employee or his or her agent who holds an electrical certificate to perform installation and repair work. (6) The registered contractor shall post a copy of the installation and repair permit in a conspicuous place on the work site until the work is completed. (7) Where a registered contractor does work under an installation and repair permit, the contractor shall ensure a permanent label in a pre-printed format acceptable to the chief inspector and bearing the registered contractor's registration number and the year the installation was completed is affixed to the front of the service panel upon completion of an installation or repair. (8) Where a service panel is removed or replaced the registered contractor responsible for the work shall transfer the information contained in the service panel to a file or permanent record to be maintained by the owner. (9) The chief inspector may, where he or she considers it appropriate, issue an installation and repair permit to (a) a home owner who is the holder of an electrical certificate for the purpose of performing electrical work on his or her home; or (b) a home owner for the purpose of facilitating an inspection by the government service centre. 120/96 s8 Back to Top Maintenance permits 9. (1) The owner or operator of an establishment who employs a person who holds an electrical certificate may apply in writing to the chief inspector for a maintenance permit and the chief inspector may issue a permit for a term of 12 months from the date of issue. (2) A maintenance permit entitles an employee or agent of the maintenance permit holder who holds an electrical certificate to perform routine maintenance including the replacement of worn or broken parts. (3) A maintenance permit may be cancelled by the chief inspector if he or she determines that the electrical work is not being performed in a responsible manner, or that the owner or operator ceases to employ a person who holds an electrical certificate. (4) The holder of a maintenance permit shall maintain in his or her establishment a current and accurate 2 year record of all repairs to the electrical system and equipment and make it available to the chief inspector on request. (5) The owner of an establishment who wishes to renew his or her maintenance permit shall notify the chief inspector in writing that the renewal is required. 120/96 s9 PART IV INSPECTION AND CERTIFICATION Back to Top Notification of completion of work 10. (1) Where a registered contractor does not have a representative, he or she shall, upon completion of the electrical work, notify the government service centre that the installation meets the requirements of the Canadian Electrical Code, Part 1 and is ready for inspection and certification by the government service centre and the government service centre shall inspect and certify the electrical work of the registered contractor. (2) Where the registered contractor has a representative, the representative shall, upon completion of the electrical work, (a) certify the work completed by the registered contractor; and (b) submit a form provided by the government service centre to the chief inspector indicating that the installation meets the requirements of the Canadian Electrical Code, Part 1. (3) Where the registered contractor has a representative and the chief inspector has retained the discretion to have the government service centre inspect and certify portions of the work completed by the registered contractor, the registered contractor shall, upon completion of the work, notify the government service centre that the installation meets the requirements of the Canadian Electrical Code, Part 1 and is ready for inspection and certification by the government service centre and the government service centre shall inspect and certify the electrical work of the registered contractor. (4) The chief inspector may order an inspector of the government service centre to inspect an establishment for which a maintenance permit has been issued. (5) The government service centre may, where a person requests an electrical inspection, perform an inspection on any electrical system, apparatus or device. 120/96 s10 PART V CANCELLATION AND SUSPENSION Back to Top Suspension or cancellation of certificates 11. (1) A certificate authorized under these regulations may be suspended or cancelled by the chief inspector for just cause, and the chief inspector shall notify the holder of (a) the date when the suspension or cancellation of the certificate becomes effective; (b) the reasons for the suspension or cancellation of the certificate; and (c) in the case of a suspension, the date when the suspension will be lifted. 120/96 s11 Back to Top Contractor's certificates 12. (1) The chief inspector may suspend a contractor's certificate for just cause but, notwithstanding the suspension the chief inspector may authorize the person whose contractor's certificate has been suspended to complete all or portions of electrical work, for which work is in progress and there is a valid installation and repair permit, during the suspension. (2) The chief inspector may cancel a contractor's certificate where, (a) it has been suspended twice in one year; (b) it was issued in error; (c) it has been altered by the registered contractor or altered with his or her knowledge; (d) the registered contractor used it for an improper or fraudulent purpose; (e) the registered contractor made a misleading or erroneous statement on a material point in his or her application for the contractor's certificate; (f) the registered contractor has in the opinion of the chief inspector demonstrated incompetence; (g) the registered contractor has attempted to coerce a representative to contravene these regulations; (h) the registered contractor repeatedly failed to comply with these regulations; (i) the registered contractor performs electrical work without an installation and repair permit; or (j) the registered contractor performs his or her duties as a contractor in a manner determined to be unacceptable by the chief inspector. (3) The chief inspector may suspend a contractor's certificate in relation to a work site where the contractor contravenes subsection 4(6) on that site until the contractor, in the opinion of the chief inspector, complies with that section. (4) Where the contractor's certificate has been suspended or cancelled, the person or company principal or journeyman who was the holder of that certificate shall not (a) apply for a contractor's certificate under another name; or (b) act as the representative of another registered contractor. 120/96 s12 Back to Top Disqualification of representatives 13. (1) The chief inspector may disqualify a representative who, (a) has failed to comply with subsection 7(6); (b) allows unsafe work practices to continue; (c) allows violations of the Canadian Electrical Code, Part 1 in the installations and repairs for which the representative is responsible; (d) has made a false statement on a material point in a document submitted to the government service centre; or (e) performs the duties as a representative in a manner determined to be unacceptable by the chief inspector. (2) Where a person who is a representative is disqualified by the chief inspector in accordance with subsection (1), that person shall not represent a registered contractor for a period of one year from the date of disqualification. 120/96 s13 Back to Top Rep. by 2010 c28 s2 14. [Rep. by 2010 c28 s2] 2010 c28 s2 Back to Top Offence 15. A person who contravenes these regulations is guilty of an offence and is liable on summary conviction to the penalties set out in the Public Safety Act. 120/96 s15 Back to Top Commencement 16. These regulations come into force on the commencement of the Public Safety Act. 120/96 s16 Back to Top Existing certificates 17. All valid certificates issued under the Electrical Regulations, 1994 will remain in effect until cancelled by the chief inspector. 120/96 s17 ©Earl G. Tucker, Queen's Printer