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B.C. Reg. 487/95 |
Deposited December 1, 1995 |
This archived regulation consolidation is current to April 4, 2003 and includes changes enacted and in force by that date. For the most current information, click here. |
Electrical Safety Act
[includes amendments up to B.C. Reg. 86/2001]
1 In this regulation:
"accredited representative" means an individual who holds a valid accredited representative certificate issued under section 8 and whose qualifications define the scope of work of the registered electrical contractor whom he or she represents;
"Act" means the Electrical Safety Act;
"advertise" means to advertise in the print or electronic media, or in any publication intended for general distribution to the public;
"B.C. Electrical Code" means the B.C. Electrical Code Regulation;
"board" means the Electrical Safety Board of Review established under section 13;
"branch" means the Electrical Safety Branch of the ministry responsible for the Act;
"chief inspector" means the individual appointed as chief inspector under section 2 of the Act;
"electrical work" means the installation, alteration, repair or maintenance of electrical equipment;
"permit signing officer" means an individual designated by a registered electrical contractor to sign permits on behalf of the contractor;
"professional engineer" means an individual with qualifications in electrical engineering who is registered and in good standing with The Association of Professional Engineers and Geoscientists of the Province of British Columbia;
"qualified person" means an individual who has knowledge of the electrical system and equipment being installed or altered and who is aware of the hazards involved;
"registered electrical contractor" or "contractor" means a person who holds a valid contractor registration certificate issued under section 6;
"registered representative" means an individual who is registered with the branch under section 10 and who is permitted to certify work in accordance with section 30 (1) to (4);
"regulatory authority" means
(a) the chief inspector, or
(b) a municipality or regional district which maintains an electrical inspection service and has authority to inspect electrical work;
"rough wiring" means a phase of construction in which an electrical installation is fully accessible for inspection;
"supervise" means to direct, regulate and control a qualified person;
"supply capacity" means the total of a utility's generation capacity, including the capacity of any equipment intended for the receipt of incoming power from another utility;
"technologist" means an individual with qualifications in electrical engineering technology who is registered and in good standing with the Applied Science Technologists and Technicians of British Columbia;
"testing" means the evaluation and verification of electrical systems by means of instruments and testing devices;
"utility" means a person who owns or operates in British Columbia equipment or facilities for the generation, transmission or distribution of electricity or communication signals that are for sale to others;
"utility representative" means an individual who is named under section 28 (3) to represent a utility;
"worker qualification certificate" means a certificate issued to an individual under section 11.
Part 1 — Reporting Electrical Accidents and Fires
2 (1) The following persons must, within 3 days after an electrical accident or fire, excluding holidays, give notice of the accident or fire to the regulatory authority having jurisdiction in the area in which the accident or fire occurred:
(a) an operator of electrical equipment who suspects that the equipment has caused an accident or fire of electrical origin that results in death or injury to any person or causes property damage;
(b) a permit holder who suspects that electrical equipment or an installation has caused an accident or fire of electrical origin that results in death or injury to any person or causes property damage;
(c) a local assistant to the fire commissioner, as defined in the Fire Services Act, or a municipal constable or provincial constable, as defined in the Police Act, who, having investigated an accident or fire that results in death or injury to any person or causes property damage, suspects that the accident or fire is of electrical origin.
(2) On receipt of the notice under subsection (1), the regulatory authority must forward a copy of the notice to the chief inspector.
3 (1) Subject to subsections (3) and (4), a person must not use electrical equipment in British Columbia, or offer for sale, sell, display or otherwise dispose of electrical equipment for use in British Columbia, unless the electrical equipment displays a label or mark as follows:
(a) a label or mark of a certification organization that
(i) is accredited by the Standards Council of Canada to certify electrical equipment,
(ii) is acceptable to the chief inspector,
(iii) certifies that the equipment meets one or more standards of the Canadian Electrical Code Part II or other nationally recognized documents,
(iv) requires a marking system for equipment that will identify that the equipment conforms to Canadian Standards,
(v) has established a program of audits and investigation to provide prompt investigation of apparent problems with products certified by the organization, and
(vi) has established a formal mechanism with the chief inspector to discuss certification and safety problems and other concerns relative to the certification, marking, deficiency and recall of electrical products;
(b) a label or mark of a certification organization that is acceptable to the chief inspector to certify electrical equipment for specific installations;
(c) a special inspection label, signifying that the electrical equipment meets the requirements of the British Columbia Special Inspection Program, supplied by the chief inspector or an organization acceptable to the chief inspector;
(d) in the case of used mobile homes, used factory-built structures and used recreational vehicles, a label supplied by the chief inspector.
(2) A label under subsection (1) (c) signifies an inspection for the determination of fire and electrical shock hazards only.
(3) Electrical equipment that does not require approval under the B.C. Electrical Code does not require a label or mark.
(4) Electrical equipment that has not been approved under subsection (1) may
(a) be displayed for not more than 14 days if the regulatory authority having jurisdiction gives written permission to do so, or
(b) be used by a utility in its capacity as a utility if a professional engineer has certified that the use of the equipment is safe.
[am. B.C. Reg. 253/96, s. 1.]
4 (1) An application for a label supplied under section 3 (1) (c) or (d) must be made on the form provided by the chief inspector and must be accompanied by the applicable fee set out in the Electrical Safety Act Fee Regulation.
(2) An application under subsection (1) will not be accepted if the electrical equipment cannot be installed in compliance with the B.C. Electrical Code.
(3) The applicant must, on the request of the chief inspector, arrange and pay for the testing of the electrical equipment by a testing organization acceptable to the chief inspector.
Part 3 — Electrical Work and Testing
5 (1) Electrical work and testing may be done by the following qualified persons:
(a) a person registered under the Apprenticeship Act1 in a trade if, in the opinion of the chief inspector, the electrical work is within the scope of the trade certificate;
(b) a registered holder of a valid worker qualification certificate issued by the chief inspector under section 11 if the electrical work is within the scope of the certificate.
(2) A qualified person may do electrical work in the restricted class worker qualification certificate categories when supervised by a person who
(a) is a qualified person under subsection (1) (a) or (b) or section 8 (6) or (7),
(b) supervises on-site the progress of the restricted electrical work,
(c) is able to provide guidance and assistance as the electrical work is being done, and
(d) supervises no more than 2 persons.
(3) Electrical work and testing, including the commissioning of electrical equipment, may be done by a qualified person who, as a manufacturer's technical representative, does electrical work on electrical equipment supplied by that manufacturer.
(4) Electrical work may be done by an owner of a residential dwelling who is qualified to do electrical work and who holds a permit issued under section 22 (2) (b) for work on that residential dwelling.
(5) Electrical work and testing may be done on behalf of others by the following qualified persons:
(a) a registered electrical contractor;
(b) a person doing electrical work and testing under subsection (1) (a) or (b) as an employee of a registered electrical contractor;
(c) a person doing electrical work and testing under subsection (3).
(6) Electrical work may be done on behalf of others by the following qualified persons:
(a) a person doing electrical work under subsection (2) as an employee of a registered electrical contractor;
(b) a person who does electrical work as an employee of the holder of a valid annual permit unless a registered electrical contractor represents the holder;
(c) a person who does electrical work as an employee of the holder of a valid utility permit.
(7) A person referred to in subsection (6) (b) or (c) must comply with section 36 (i).
[en. B.C. Reg. 253/96, s. 2.]
6 (1) The chief inspector must issue a contractor registration certificate to an electrical contractor who complies with all of the following:
(a) makes an application to the chief inspector in the form required by the chief inspector;
(b) furnishes a bond in the amount of $10,000 that is acceptable to the chief inspector and is provided by a surety licensed under the Insurance Act;
(c) provides the branch with the name and registration number of the accredited representative under section 9 (b) who will represent the electrical contractor in code, technical and worker qualification matters;
(d) has acknowledged in the application an understanding of the obligations of a registered electrical contractor under the Act and this regulation;
(e) pays the applicable fees set out in the Electrical Safety Act Fee Regulation;
(f) is not currently prohibited under section 19 from registration as a registered electrical contractor;
(g) is engaged in the business of performing electrical work or testing, or both, within the scope of the certificate held by the accredited representative named under paragraph (c).
(2) On registration of the registered electrical contractor under subsection (1), the chief inspector must issue a registration card to the contractor, to the contractor's accredited representative and to each of the contractor's permit signing officers.
(3) A holder of a registration card must, before receiving a regular permit, produce the card if requested to do so by the chief inspector, an employee or agent of the branch or an employee of a municipality or regional district that is a regulatory authority.
(4) A registered electrical contractor may obtain a replacement registration card or cards from the chief inspector upon payment of the applicable fee set out in the Electrical Safety Act Fee Regulation.
(5) A registered electrical contractor must ensure that
(a) every person who does electrical work and testing for the contractor is a qualified person under section 5,
(b) the registered representative's name and registration number is included on all permits, and
(c) the electrical work is left in a safe condition.
(6) If, in the opinion of the chief inspector, a registered electrical contractor fails to comply with the Act or the regulations, or with any code adopted under the Act, and neglects or refuses to rectify the non-compliance, the chief inspector may require the surety under subsection (1) (b) to cause work to be done to ensure that the electrical work is left in a safe condition.
(7) If the bond required under subsection (1) (b) has been cancelled or withdrawn, the registration of the registered electrical contractor is suspended until another bond is obtained.
(8) A registered electrical contractor must promptly notify the chief inspector in writing if the accredited representative ceases to be in the employ of the contractor, and must arrange with the chief inspector for the registration of a new accredited representative.
(9) A registered electrical contractor must display the contractor registration certificate at the contractor's place of business.
(10) A contractor registration certificate is valid for one year from the date of issue.
[am. B.C. Reg. 253/96, s. 3.]
7 (1) The following are the classes of accredited representative certificates:
(a) an "A" certificate is issued to a person who meets the requirements specified under section 8 (2) and, subject to section 9 (d), the holder of the "A" certificate is unrestricted;
(b) a "B" certificate is issued to a person who meets the requirements specified under section 8 (3) and the holder of the "B" certificate is restricted to undertaking electrical installations in which the voltage of the completed installation does not exceed 750 volts;
(c) a "C" certificate is issued to a person who meets the requirements specified under section 8 (4) and the holder of the "C" certificate is restricted to undertaking electrical installations in which the current and voltage in the installation does not exceed 200 amps and 300 volts single phase power;
(d) a "Restricted" certificate is issued to a person who meets the requirements specified under section 8 (5) and the holder of the "Restricted" certificate is acceptable to the chief inspector as an accredited representative in the restricted category shown on his or her certificate.
(2) A certificate described under subsection (1) permits testing within the scope of the certificate that has been issued.
8 (1) The chief inspector must register as an accredited representative a person who complies with the following:
(a) makes an application to the chief inspector in the form required by the chief inspector;
(b) pays the applicable fees set out in the Electrical Safety Act Fee Regulation;
(c) meets the requirements of subsection (2), (3), (4) or (5).
(2) The chief inspector must issue an "A" certificate and register a person who
(a) has held for not less than 2 years
(i) a valid certificate of qualification as an electrician issued under the Apprenticeship Act1, or
(ii) the qualifications required under subsection 7,
(b) can verify relevant electrical work experience that is acceptable to the chief inspector,
(c) qualifies as a registered representative under section 10 (1), and
(d) has successfully completed the "A" certificate examination in accordance with the requirements of section 12.
(3) The chief inspector must issue a "B" certificate and register a person who
(a) has held for not less than one year a valid certificate of qualification as an electrician issued under the Apprenticeship Act,
(b) can verify relevant electrical work experience that is acceptable to the chief inspector,
(c) qualifies as a registered representative under section 10 (1), and
(d) has successfully completed the "B" certificate examination in accordance with the requirements of section 12.
(4) The chief inspector must issue a "C" certificate and register a person who
(a) has held for not less than one year a valid certificate of qualification as an electrician issued under the Apprenticeship Act,
(b) can verify relevant electrical work experience that is acceptable to the chief inspector,
(c) qualifies as a registered representative under section 10 (1), and
(d) has successfully completed the "C" certificate examination in accordance with the requirements of section 12.
(5) The chief inspector must issue a "Restricted" certificate and register a person who
(a) has the qualifications required under section 5 (1) (a) or (b),
(b) can verify electrical work experience, within the scope of the restricted certificate applied for, that is acceptable to the chief inspector, and
(c) qualifies as a registered representative under section 10 (1).
(6) An accredited representative certificate of any class may be issued without examination to a professional engineer who has not less than 2 years of practical experience related to electrical work that is acceptable to the chief inspector.
(7) An accredited representative certificate in the "B" class may be issued to a technologist who
(a) has not less than 4 years of practical experience related to electrical work that is acceptable to the chief inspector,
(b) provides evidence of having completed a code course recognized by the chief inspector, and
(c) has successfully completed the examination for a "B" certificate referred to in subsection (3) (d).
(8) On registration of an accredited representative under this section, the chief inspector must issue a registration card to the accredited representative.
(9) An accredited representative must produce the registration card if requested to do so by the chief inspector, an employee or agent of the branch or an employee of a municipality or regional district that is a regulatory authority.
(10) An accredited representative may obtain a replacement registration card from the chief inspector upon payment of the applicable fee set out in the Electrical Safety Act Fee Regulation.
[am. B.C. Reg. 253/96, s. 4.]
9 An accredited representative must comply with all of the following:
(a) hold a valid and subsisting accredited representative certificate issued under section 8;
(b) be employed by a registered electrical contractor whom the accredited representative will represent in code, technical and worker qualification matters;
(c) represent not more than one registered electrical contractor;
(d) ensure that the registered representative named on a permit has the qualifications and experience for the type of work specified on the permit;
(e) maintain a subscription to branch publications.
10 (1) The chief inspector must register as a registered representative a person who complies with the following:
(a) makes an application to the chief inspector in the form required by the chief inspector;
(b) pays the applicable fees set out in the Electrical Safety Act Fee Regulation;
(c) provides evidence of
(i) being a qualified person under section 5 (1) (a) or (b) and has
(A) not less than one year's experience doing electrical work, and
(B) completed a code course recognized by the chief inspector, or
(ii) being a qualified person under section 8 (6) or (7).
(2) The chief inspector may waive the requirements of subsection (1) (c) for certain restricted classifications of registered representative.
(3) A registered representative must undertake to maintain current his or her knowledge of the B.C. Electrical Code.
(4) On registration of the registered representative under subsection (1), the chief inspector must issue a registration card to the registered representative.
(5) A registered representative must produce the registration card if requested to do so by the chief inspector, an employee or agent of the branch or an employee of a municipality or regional district that is a regulatory authority.
(6) A registered representative may obtain a replacement registration card from the chief inspector upon payment of the applicable fee set out in the Electrical Safety Act Fee Regulation.
(7) The registered representative named on a permit must physically inspect electrical work done by the registered electrical contractor under the permit and determine whether the electrical work has been completed in accordance with the Act and the regulations.
(8) If the registered representative named on the permit is satisfied that the electrical work has been completed in accordance with the Act and the regulations, the registered representative must certify that fact to the regulatory authority having jurisdiction.
(9) No person, other than a registered representative, may make the certification required under subsection (8).
(10) A registered representative may only make the certification under subsection (8) if the electrical work is within the scope of his or her qualifications as referred to in section 5 (1) (a) or (b) or 8 (6) or (7).
(11) If the registered representative named on the permit ceases to be responsible for the electrical work and, in the opinion of the registered representative, there are unsafe conditions associated with the electrical work, the registered representative must immediately notify the regulatory authority having jurisdiction of that fact and provide a report on the form provided by the regulatory authority indicating the condition of the electrical work.
[am. B.C. Reg. 253/96, s. 5.]
11 (1) The chief inspector must issue a worker qualification certificate and register a person who complies with the following:
(a) makes an application to the chief inspector on the form provided and submits with the application evidence of relevant training and electrical work experience that is acceptable to the chief inspector;
(b) pays the applicable fees set out in the Electrical Safety Act Fee Regulation;
(c) has successfully completed the worker qualification certificate examination in accordance with the requirements of section 12.
(2) A worker qualification certificate permits the holder of the certificate to do electrical work and testing within the scope set out in the certificate.
(3) On registration under subsection (1), the chief inspector must issue a registration card to the holder of the worker qualification certificate.
(4) A holder of a worker qualification certificate must produce the registration card if requested to do so by the chief inspector, an employee or agent of the branch or an employee of a municipality or regional district that is a regulatory authority.
(5) A holder of a worker qualification certificate may obtain a replacement registration card from the chief inspector upon payment of the applicable fee set out in the Electrical Safety Act Fee Regulation.
[am. B.C. Reg. 253/96, s. 6.]
12 (1) A person who takes an "A", "B" or "C" accredited representative examination or a worker qualification certificate examination must obtain a mark of at least 70% in the examination to obtain certification.
(2) The examination under subsection (1) will be set by the chief inspector and be held at a time and place determined by the chief inspector.
(3) A person who fails an examination for a certificate under this section may not repeat the examination for at least 30 days from the date of the examination.
(4) A person who fails an examination for a certificate under this section twice in a 12 month period must wait one year from the date of the last examination before taking another examination.
13 (1) The Electrical Safety Board of Review is established consisting of
(a) the branch examinations and permits officer, and
(b) 6 members appointed by the minister as follows:
(i) one professional engineer;
(ii) 2 accredited representatives who represent registered electrical contractors;
(iii) one registered representative who holds a certificate referred to in section 5 (1) (a);
(iv) one branch inspector;
(v) one inspector from a municipality or regional district.
(2) The term of a member appointed under subsection (1) (b) is 3 years.
(3) A member of the board must be reimbursed for reasonable out of pocket travel and other expenses incurred in the discharge of his or her duties.
(4) The board must elect a chair from amongst its members.
(5) A quorum of the board consists of 4 members.
(6) The chair may designate a member to act as chair in the chair's absence.
(7) The chair may vote only in the case of a tie.
(8) The board may advise the chief inspector with respect to
(a) the suspension or cancellation of the registration of a registered electrical contractor, accredited representative or registered representative,
(b) the cancellation of a worker qualification certificate, and
(c) matters arising from the registration procedure or certificates issued by the chief inspector.
(9) The chief inspector may refer to the board, for the board's review and recommendation, issues relating to the examination for an inspector's certificate under section 32 (2).
[am. B.C. Reg. 253/96, s. 7.]
14 The board must, at the request of the chief inspector, hold a hearing to consider any of the following matters:
(a) whether the registration of a registered electrical contractor should be suspended or cancelled on any of the following grounds:
(i) the registration has been suspended twice in one year;
(ii) the registration was issued as a result of a clerical error;
(iii) the contractor made a misleading or erroneous statement on a material matter in the application for registration;
(iv) the contractor used the registration for an improper or fraudulent purpose;
(v) the contractor improperly altered the registration;
(vi) the contractor has acted in an incompetent manner;
(vii) the contractor has attempted to persuade an accredited representative or a registered representative to contravene the Act or this regulation;
(viii) the contractor has repeatedly failed to comply with the Act or the regulations;
(b) whether a certificate issued by the branch should be cancelled on grounds that
(i) the certificate was issued as a result of a clerical error, or
(ii) the certificate holder made a misleading or erroneous statement on a material matter in the application for the certificate;
(c) whether the registration of an accredited representative or a registered representative should be suspended or cancelled on any of the following grounds:
(i) the person has failed to comply with section 9 if an accredited representative;
(ii) the person has failed to comply with section 10 if a registered representative;
(iii) the person has acted in an incompetent manner.
15 (1) Before the board holds a hearing under section 14, the chief inspector must give notice of the hearing to any person who is required to appear before the board, stating in the notice
(a) the subject matter of the hearing,
(b) the date, time and place of the hearing, and
(c) that the board is entitled to proceed with the hearing in the absence of any person who has been notified under this subsection.
(2) The chief inspector must, at least 14 days before the hearing, have the notice under subsection (1) delivered by registered mail to, or personally served on, any person notified under subsection (1).
16 (1) On completion of the hearing, the board must recommend one or more of the following to the chief inspector:
(a) that the matter be dismissed;
(b) that the registration of the registered electrical contractor, accredited representative or registered representative be suspended or cancelled;
(c) that the registration of the holder of a worker qualification certificate be cancelled;
(d) that other remedial action be taken.
(2) The board may recommend a period of suspension under subsection (1) (b) of up to one year.
(3) The recommendation of the board under subsection (1) must be in writing, accompanied by written reasons, and must be delivered to the chief inspector within 14 days after the hearing.
17 (1) The chief inspector may suspend or cancel the registration of a registered electrical contractor, accredited representative or registered representative or cancel a worker qualification certificate.
(2) The chief inspector must, when making a decision under subsection (1), consider the board's recommendation made under section 16 (1).
(3) The chief inspector must, within 30 days after receipt of the board's recommendation, cause a written notice of his or her decision to be sent by registered mail to, or personally served on, the person or persons named in the hearing.
18 (1) If the chief inspector considers that it is necessary to protect the public pending a hearing by the board, the chief inspector may suspend the registration of a registered electrical contractor, an accredited representative or a registered representative for a period not exceeding 30 days, and the chief inspector must give notice of the suspension in writing to the contractor and to the accredited representative or registered representative.
(2) If the chief inspector determines that a suspension is no longer necessary to protect the public, the chief inspector must rescind the suspension and give notice of his or her decision in writing to the contractor and to the accredited representative or registered representative.
19 (1) A registered electrical contractor whose registration has been suspended or cancelled must not
(a) apply to be registered as a contractor under any name other than the name that appeared on the registration that was suspended or cancelled, or
(b) act as an accredited representative or a registered representative during the period of the suspension or cancellation.
(2) Despite subsection (1), if the name of a registered electrical contractor has been changed after the suspension or cancellation of the contractor's registration and the contractor re-applies for registration, the contractor must
(a) apply to be registered as a contractor under the new name,
(b) make a full disclosure in the application that the registration under the previous name was suspended or cancelled, and
(c) give the previous name under which the contractor held that registration.
(3) An accredited representative whose registration has been cancelled is not eligible to represent a registered electrical contractor for a period of one year from the date of the cancellation.
(4) A registered representative whose registration has been cancelled is not eligible to apply for reinstatement as a registered representative or to certify electrical work for a period of one year from the date of the cancellation.
20 (1) A person may do electrical work only if
(a) the electrical work is performed under the authority of section 21,
(b) the electrical work is authorized by a permit issued under sections 22 to 28, or
(c) the electrical work is performed in response to an emergency and a permit is obtained from the regulatory authority having jurisdiction on the first business day following the emergency.
(2) A regulatory authority may refuse to issue a permit if the applicant fails to meet the requirements for a permit.
(3) Except as otherwise required by the regulatory authority's fee schedule, a separate permit is required for
(a) each structure, or
(b) each portion of a structure with a separate electrical supply service.
(4) A permit is required for any work that requires the attendance of a utility to connect or reconnect an electrical service.
21 (1) Despite section 5, a qualified person may, without a permit, replace receptacles, cord attachment plugs, snap switches, lamps, dimmer switches, fan speed controllers and fuses up to a maximum rating of 750 volts with electrical equipment of a similar type and rating.
(2) Except as otherwise required by the regulatory authority having jurisdiction, a registered electrical contractor is not required to have a regular permit for electrical work if
(a) the electrical work
(i) is limited to an installation which is supplied from a power source which operates at 30 volts or less,
(ii) is limited in energy to 100 volt-amperes,
(iii) is not associated with life safety systems, and
(iv) is not located in a hazardous location as defined in the B.C. Electrical Code, or
(b) the value of materials and labour, as set out in the contract for the electrical work, is within the lowest range specified in the fee schedule for regular permits of the regulatory authority having jurisdiction or $500, whichever is less, and the electrical work
(i) is associated with an existing electrical installation,
(ii) is not associated with life safety systems, and
(iii) is not located in a hazardous location as defined in the B.C. Electrical Code.
(3) If a registered electrical contractor does testing of electrical systems, which testing may include the adjustment of system protective devices, a permit is not required.
(4) If a registered electrical contractor does electrical work described in subsection (2),
(a) the registered representative must notify the regulatory authority having jurisdiction, in a manner acceptable to the authority, upon completion of the electrical work, and
(b) the accredited representative must
(i) comply with any certificate of inspection subsequently issued under section 31, and
(ii) obtain a regular permit to do any electrical work required as a result of a certificate of inspection issued under section 31 and pay any additional fees and charges assessed for investigation and administration.
(5) If a registered electrical contractor performs repairs involving the components of existing installed equipment which operates at 750 volts or less and that displays evidence of approval as required by section 3 (1), neither a permit nor the notification under subsection (4) (a) are required if
(a) there are no modifications or additions to the electrical installation,
(b) the electrical rating or characteristics of the equipment is not altered, and
(c) the replacement components are of a type which do not invalidate the original approval.
(6) If an equipment manufacturer's technical representative performs repairs involving the components of existing installed equipment that displays evidence of approval as required by section 3 (1), neither a permit nor the notification under subsection (4) (a) are required if
(a) there are no modifications or additions to the electrical installation,
(b) the electrical rating or characteristics of the equipment is not altered, and
(c) the replacement components are of a type which do not invalidate the original approval.
(7) If the electrical work is performed under the authority of the Elevating Devices Safety Act, a permit is not required.
[am. B.C. Reg. 253/96, s. 8.]
22 (1) Except as provided in sections 21, 25, 26, 27 and 28, a registered electrical contractor or the owner of a residential dwelling must apply for and obtain, from the regulatory authority having jurisdiction, a regular permit before electrical work is done.
(2) A regular permit may only be issued to
(a) a registered electrical contractor if a registered representative is named on the permit, or
(b) the owner of a residential dwelling who
(i) occupies or intends to occupy the dwelling,
(ii) has, before obtaining a permit, signed a statement that affirms that the owner of the dwelling has read the "Electrical Safety Homeowner Information Guide", and
(iii) will personally do the electrical work without assistance, or with assistance from a qualified person who is not under contract to the owner and who does not receive remuneration.
(3) Subsection (2) (b) only applies if
(a) the dwelling is
(i) a fully detached building with or without outbuildings, or
(ii) separated from other dwellings by a fire separation in accordance with the B.C. Building Code and has access from ground level, unless the regulatory authority having jurisdiction requires otherwise,
(b) the dwelling has or will have a separate consumer's service,
(c) electricity is not fed or supplied from the dwelling to a separately owned or occupied residential property or to a commercial or industrial property, and
(d) the work involves only installations in which the current and voltage of the installation do not exceed 200 amps and 150 volts to ground.
(4) An application for a regular permit must be made on the form provided by the regulatory authority having jurisdiction and must include the following:
(a) payment of the fees and charges set out in the schedule of fees established by the regulatory authority having jurisdiction;
(b) a description of the electrical work to be done;
(c) the location where the electrical work is to be done;
(d) if the electrical work is to be done by a registered electrical contractor,
(i) the contractor's name, address and registration number,
(ii) the signature of the accredited representative or permit signing officer, and
(iii) the name and number of the registered representative;
(e) if the electrical work is to be done by an owner of a residential dwelling,
(i) the name, address and signature of the owner, and
(ii) the name of each person who will be assisting with the electrical work other than members of the owner's immediate family.
(5) An application for a regular permit may be refused for any of the following reasons:
(a) the electrical installation does not conform to lawful requirements;
(b) the electrical work is for premises the use of which
(i) does not conform with lawful requirements, or
(ii) is being legally challenged;
(c) the applicant is delinquent in the payment of a fee or charge under the Act or the regulations or under a bylaw of a municipality or regional district;
(d) the applicant has failed to comply with the requirements of a certificate of inspection;
(e) the applicant is in contravention of this regulation in relation to a previously issued regular permit;
(f) the person to whom the permit is to be issued is not a qualified person.
(6) If an inspector finds that electrical work has been done by a person without the required regular permit, the person must obtain a regular permit for that work and pay the applicable fees.
23 If required by the regulatory authority having jurisdiction, the holder of a regular permit must apply for and obtain a supplementary permit, and pay the fees and charges set out in the schedule of fees established by the regulatory authority, in any of the following circumstances:
(a) before doing electrical work not authorized by a previously issued regular permit;
(b) before obtaining a reinspection of electrical work previously found to be in contravention of the Act or the regulations;
(c) before obtaining a reinspection of electrical work where an electrical inspection was requested and
(i) the electrical work was not ready for inspection,
(ii) access to the electrical work could not be obtained, or
(iii) the electrical work could not be located because the information to locate it was inadequate;
(d) if section 30 (6) applies.
24 (1) A building owner, tenant or prospective purchaser who requests that a regulatory authority perform a survey of electrical work must
(a) apply for and obtain a survey permit from the regulatory authority having jurisdiction, and
(b) submit, with the application, payment of the fees and charges set out in the schedule of fees established by the regulatory authority having jurisdiction.
(2) A prospective purchaser must submit, with the application for the permit required under subsection (1), written evidence of the consent of the building owner.
25 (1) The owner or operator of entertainment equipment or remote television and motion picture equipment, or the owner of the facility where that equipment is used, must apply for and obtain, from the regulatory authority having jurisdiction, a temporary entertainment installation permit for the purposes of doing the electrical work required to set up the equipment for a carnival, concession, trade show, travelling show, television or motion picture location or similar activity.
(2) A permit under subsection (1) may be issued in the following circumstances:
(a) a registered electrical contractor is named on the permit who is eligible to do the electrical work specified in the application for the permit and who will undertake to perform the electrical work;
(b) the applicant who will be responsible for the electrical work is named on the permit and the applicant has provided the name of a person who
(i) satisfies the requirements of section 5 (1) (a) or (b) or 8 (6) or (7),
(ii) is competent to perform the electrical work covered by the permit,
(iii) is in full-time employment of the owner or operator of the equipment for the period of time covered by the permit, and
(iv) will perform or supervise all work authorized under the permit.
(3) The owner or operator must submit, with the application for the permit required under subsection (1), payment of the fees and charges set out in the schedule of fees established by the regulatory authority having jurisdiction.
(4) A permit for a temporary entertainment installation authorizes the electrical work necessary to set up the equipment specified in the application.
(5) If a temporary entertainment installation is reoccurring at the same location, an annual permit may be issued under section 26 (3) for that location instead of the permit required by subsection (1).
(6) A permit for a temporary entertainment installation is valid for a period not exceeding 14 days and is renewable with approval from the regulatory authority having jurisdiction.
(7) The registered representative named on the permit must make a request for inspection under section 30 whenever the equipment is set up at any location.
[am. B.C. Reg. 253/96, s. 9.]
26 (1) If electrical maintenance, other than the electrical work set out in section 21 (1), is performed by an owner, agent or tenant of a building or premises, the owner, agent or tenant must apply for and obtain, from the regulatory authority having jurisdiction, an annual permit.
(2) An annual permit may be issued by the regulatory authority to the owner, agent or tenant of a building or premises for the purposes of carrying out repairs, replacements or minor alterations to an electrical installation in the building or premises in the following circumstances:
(a) a registered electrical contractor is named on the permit who is eligible to do the electrical work specified in the application for the annual permit and who will undertake to perform the electrical work;
(b) the applicant is named on the permit and the applicant
(i) satisfies the requirements of section 5 (1) (a) or (b) or 8 (6) or (7),
(ii) is competent to perform the electrical work covered by the annual permit,
(iii) is in the continuous full-time employment of the owner, agent or tenant of the building or premises, and
(iv) will perform or supervise all work authorized under the annual permit;
(c) the applicant who will be responsible for the electrical work is named on the permit and the applicant has provided the name of a person who
(i) satisfies the requirements of section 5 (1) (a) or (b) or 8 (6) or (7),
(ii) is competent to perform the electrical work covered by the annual permit,
(iii) is in the continuous full-time employment of the owner, agent or tenant of the building or premises, and
(iv) will perform or supervise all work authorized under the annual permit.
(3) Despite section 25 and subsection (1) of this section, an annual permit may be issued by the regulatory authority having jurisdiction to an owner or operator of entertainment equipment which will
(a) allow the holder of the permit to set up the equipment listed in the application within each jurisdiction and inspection area, and
(b) require that a request for inspection be made under section 30 whenever the equipment is set up at a new location.
(4) An application for an annual permit must be made on a form provided by the regulatory authority having jurisdiction and must include all of the following:
(a) payment of the fees and charges set out in the schedule of fees established by the regulatory authority having jurisdiction;
(b) the name of the person or persons named under subsection (2) and, if applicable, the registration number;
(c) the name and address of the owner or operator and the address of the building or premises;
(d) a description of the electrical installation.
(5) The holder of an annual permit must do all of the following:
(a) maintain a dated log of all electrical work done under the authorization of the annual permit;
(b) annually submit to the regulatory authority having jurisdiction a statement on the form provided indicating compliance with this regulation;
(c) immediately notify the regulatory authority having jurisdiction if the person named under subsection (2) ceases to be contracted with or employed by the owner, agent or tenant of the building or premises.
(6) An annual permit is deemed cancelled if subsection (5) is contravened.
(7) An annual permit
(a) authorizes the electrical work specified on the permit,
(b) does not authorize electrical work requiring service capacity additional to that in existence or electrical work related to a new building, and
(c) exempts the holder of the annual permit from requiring any other permit authorized by the Act or this regulation if the electrical work is authorized under the annual permit.
(8) An annual permit is valid for one year from the date of issue and, when renewed, is valid for one year from the date of expiry of the previously issued permit.
[am. B.C. Reg. 253/96, s. 10.]
27 (1) If the chief inspector is the regulatory authority having jurisdiction, an owner or operator must apply for and obtain, from the chief inspector, an operating permit before the operation of
(a) an overhead electrical line exceeding 2 spans,
(b) an indoor high voltage vault containing open-type insulators or oil-filled equipment, or
(c) an underwater electrical distribution cable.
(2) Subsection (1) does not apply if the line, vault or cable
(a) is owned by a utility, or
(b) comes within the scope of an annual permit issued under section 26.
(3) An application for an operating permit must be made on the form provided by the chief inspector and must include all of the following:
(a) the applicable fees set out in the Electrical Safety Act Fee Regulation;
(b) the name and address of the owner or operator, and the address of the installation;
(c) a description of the installation.
(4) An operating permit is valid for 5 years from the date of issue.
28 (1) A utility must apply for and obtain, from the chief inspector, a utility permit to carry on electrical work for the functioning of the utility.
(2) Subsection (1) does not apply to a utility that operates under a government of Canada federal Charter.
(3) An application for a utility permit must be made on the form provided by the chief inspector and must include the following:
(a) the applicable fees set out in the Electrical Safety Act Fee Regulation;
(b) the name of a person who will be the utility representative as follows:
(i) Repealed. [B.C. Reg. 253/96, s. 11 (a).]
(ii) for a utility with a supply capacity in excess of 500 kilowatts, or a utility connected to the power grid of another utility, a person who is a professional engineer who satisfies the requirements of section 8 (6) and who is employed by or under contract to the utility;
(iii) for a utility with a supply capacity of 500 kilowatts or less and not connected to another power grid, a person who satisfies the requirements of section 8 (6) or (7), or is the holder of a valid certificate of qualification as an electrician issued under the Apprenticeship Act1, and who is employed by or under contract to the utility;
(iv) for a communication utility, a person who satisfies the requirements of section 5 (1) (a) or (b) or 8(6) or (7) and who is employed by or under contract to the utility.
(4) A utility representative must do all of the following:
(a) represent the utility in code, technical and worker qualification matters;
(b) provide the name of at least one qualified person who will perform or supervise all electrical work authorized under the utility permit and who satisfies the requirements of section 5 (1) (a) or (b) or 8 (6) or (7);
(c) provide the name of at least one qualified person who will be in charge of the operational procedures of the utility and who satisfies the requirements of section 5 (1) (a) or (b) or 8 (6) or (7).
(5) A utility permit entitles the holder to carry out the electrical work of the utility and exempts the utility from requiring any other class of permit for the electrical work required for the functioning of the utility.
(6) An employee of the branch may do any of the following:
(a) inspect the utility's electrical distribution equipment and electrical installations;
(b) review the utility's electrical safety procedures and electrical safety practices;
(c) investigate accidents in connection with the utility's electrical operations and electrical work.
(7) The branch may elect to audit a utility's operation rather than perform the inspection and review provided for under subsection (6) (a) and (b) if the utility submits to the branch
(a) a letter signed by the utility representative confirming compliance with the Act and the regulations, and
(b) documentation representative of in-house standards covering design, construction, maintenance, operation, safety and quality assurance related to the utility's electrical operations and electrical work.
(8) A utility permit is valid for one year from the date of issue and, when renewed, is valid for one year from the date of expiry of the previously issued permit.
[am. B.C. Reg. 253/96, s. 11.]
29 (1) A permit issued under this Part is deemed cancelled for any of the following reasons:
(a) the required fee is not received by the regulatory authority having jurisdiction;
(b) false or misleading information is provided when applying for the permit;
(c) the electrical work is not performed by a person or persons eligible to do so under section 5;
(d) a condition of the permit is contravened;
(e) a requirement of the permit or of a certificate of inspection is not met;
(f) a requirement of section 30 has not been met.
(2) A regular permit is deemed cancelled for any of the following reasons:
(a) the electrical work has not commenced or there is no progressive work for a period greater than 180 days;
(b) on the transfer of the regular permit to a new holder unless the transfer is first approved by the regulatory authority having jurisdiction.
30 (1) The registered representative of a registered electrical contractor must, on the completion of each phase of the electrical work, physically inspect and certify the work as required by section 10 (7) and (8) and request an inspection by the regulatory authority having jurisdiction.
(2) The inspection required by subsection (1) must be made
(a) before concealment of any portion of the rough wiring,
(b) before connection of power to the electrical supply system, and
(c) after completion of the electrical work.
(3) Despite subsections (1) and (2), the regulatory authority having jurisdiction may allow work to proceed following receipt of a request for inspection if
(a) a permit is held by a registered electrical contractor in good standing,
(b) no certificate of inspection was issued and the procedures of the regulatory authority for allowing work to proceed have been followed, and
(c) a copy of the request for inspection has been received by the electrical supply utility if the electrical installation is to be connected to the electrical supply system of a utility that supplies electricity.
(4) The registered representative of a registered electrical contractor holding a regular permit must submit a request for inspection, at least once in every 180 day period, by delivering a declaration form to the regulatory authority having jurisdiction that
(a) certifies that the registered representative has physically inspected the electrical installation,
(b) states that the electrical installation is safe, and
(c) reports on the present status of the electrical installation.
(5) The owner of a residential dwelling must, on the completion of each phase of the electrical work done under a permit, request inspection in a manner acceptable to the regulatory authority having jurisdiction by notifying the regulatory authority
(a) before concealment of any portion of the rough wiring,
(b) before connection of power to the electrical supply system, and
(c) after completion of the electrical work.
(6) If no inspection request under subsection (4) or (5) has been submitted within a 180 day period, the holder of a regular permit must
(a) obtain a supplementary permit, or an extension of the regular permit, and pay any fees required by that regulatory authority, and
(b) make the installation available for inspection by the regulatory authority.
(7) If required by the authority having jurisdiction, an electrical contractor must make a request for inspection.
(8) Before the inspection under subsection (7) is made, the electrical contractor must post a copy of the request for the inspection, in the form required by the regulatory authority, at the site of the installation.
[am. B.C. Reg. 253/96, s. 12.]
31 (1) When an inspection is made, the inspector must issue a certificate of inspection that
(a) accepts all or part of the electrical work that has been completed, or
(b) notes any requirements that have been contravened and requires the permit holder to make changes to the electrical work to comply with the Act and the regulations.
(2) A certificate of inspection may be issued to a property owner who has a hazardous electrical installation whether or not the property owner holds a permit.
(3) A permit holder must make the changes required under subsection (1) (b).
32 (1) A person applying for an inspector's certificate must do all of the following:
(a) make an application in writing to the chief inspector;
(b) submit with the application a letter from a regulatory authority confirming its intent to engage the applicant as an inspector;
(c) submit with the application evidence of 5 years relevant training or experience acceptable to the chief inspector;
(d) pay the applicable fee for examination as set out in the Electrical Safety Act Fee Regulation.
(2) The examination for an inspector's certificate must be set by the chief inspector and must be held at a place and time selected by the chief inspector with notification in writing to the applicant.
(3) The chief inspector may refer issues relating to the examination under subsection (2) to the board.
(4) An inspector's certificate may be obtained only by a person who achieves a mark of at least 70% in the examination.
(5) A person who fails an examination for an inspector's certificate under this section may not repeat the examination for at least 30 days after the date of the examination.
(6) A person who fails an examination for an inspector's certificate under this section twice in a 12 month period must wait one year from the date of the last examination before taking another examination.
(7) With the approval of the applicant, the graded examination may be discussed with the regulatory authority which intends to engage the applicant.
(8) An inspector holding an inspector's certificate under this section, while employed by a regulatory authority, must not act as a registered representative or an accredited representative or work for a registered electrical contractor.
(9) Despite the requirements of this section, a person who has the experience required by subsection (1) (c) may, before obtaining an inspector's certificate, perform the duties of an inspector for not more than 6 months in any 12 month period and for not more than a total accumulated period of 12 months.
(10) Except as permitted by subsection (9), a person must not perform the duties of an inspector unless the person has obtained an inspector's certificate.
33 Every municipality and regional district that is a regulatory authority may set its own fees and charges for inspection services and permits.
34 A person who advertises services to do electrical work must
(a) be a registered electrical contractor, and
(b) display in the advertisement
(i) the name of the registered electrical contractor as shown on the contractor registration certificate, and
(ii) the contractor registration number.
35 A person who contravenes section 2 (1), 3 (1), 5, 6 (3) or (5), 8 (9), 9, 10 (5), (7), (8), (9), (10) or (11), 19 (1) or (2), 20 (1), 21 (4), 22 (1), 23, 25 (1), 26 (1) or (5), 27 (1), 28 (1), 30 (1), (2), (4), (5) or (6), 31 (3), 32 (8) or (10) or 34 commits an offence.
[am. B.C. Reg. 253/96, s. 13.]
36 For the purpose of this regulation, the following transitional provisions apply:
(a) the registration of a registered electrical contractor is continued until the date of renewal of the contractor registration certificate;
(b) during the period February 1, 1996 to January 31, 1997, a registered electrical contractor must provide the bond required by section 6 (1) (b) at the time the contractor applies to renew the contractor registration certificate;
(c) during the period February 1, 1996 to January 31, 1997, a registered electrical contractor must provide the name and registration number of the accredited representative required by section 6 (1) (c) at the time the contractor applies to renew the contractor registration certificate;
(d) a person who holds an "A", "B", "C" or "Restricted" certificate of qualification on February 1, 1996 is deemed to be an accredited representative holding an accredited representative certificate in the same class;
(e) a person who is a registered representative on February 1, 1996 and who holds a qualification other than under paragraph (d) is eligible during the period February 1, 1996 to January 31, 1997 to act as an accredited representative having a class of certificate determined by the chief inspector;
(f) the registration of a registered representative is continued until January 31, 1997 but the registered representative must make application to the chief inspector during the period February 1, 1996 to January 31, 1997 to be registered as a registered representative;
(g) the registration of a person who holds a worker qualification certificate on February 1, 1996 continues;
(h) during the period February 1, 1996 to January 31, 1997, a utility that holds a utility permit must meet the requirements of section 28 by the date of renewal of the utility permit;
(i) with the exception of a person who is doing work that is excluded from the electrician trade, a person employed by the holder of a valid annual permit or utility permit must meet the qualification requirements of section 5 (1) (a) or (b) by June 30, 2004.
[am. B.C. Regs. 253/96, s. 14; 86/2001.]
Note: this regulation replaces B.C. Reg. 450/90
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1. R.S.B.C. 1979, c. 17, replaced by Industry Training and Apprenticeship Act, S.B.C. 1997-50.. |
[Provisions of the Electrical Safety Act, R.S.B.C. 1996, c. 109, relevant to the enactment of this regulation: section 28]
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