§ 898. Municipal inspection

(a) A legislative body may establish inspection procedures and appoint trained and qualified municipal inspectors to conduct electrical inspections. If the Commissioner determines that the inspection procedures and the training and qualifications of the municipal inspectors are sufficient, the Commissioner may assign the Department's responsibility for conducting inspections of electrical installations regulated by the Board within that municipality to the municipality. An assignment of responsibility under this section shall not affect the authority of the Commissioner under this subchapter. If the Commissioner assigns responsibility for municipal inspections under this section, the Commissioner may exempt all electrical installations within the municipality from inspection by the State under section 893 of this title. The legislative body may establish reasonable fees for inspections for the purpose of defraying the cost of the same. Such fees will be in lieu of fees established under subsection 893(a) of this title.

(b) Work notices, certificates of completion, and energizing permits shall be issued by municipal inspectors in the same manner and subject to the same conditions that they are issued by the State electrical inspectors under sections 893 and 894 of this title shall apply to municipal inspections under this section.

(c) A municipal inspector shall have authority to enter any premises in which an electrical installation subject to rules adopted under section 891 of this title is being installed, replaced, or repaired for the purpose of making such inspection as is necessary to carry out his or her responsibilities under this subchapter.

(d)(1) If, after inspection of the electrical installation, a violation of the rules of the Board is found, a municipal inspector may:

(A) issue an order directing the electrician of record or the owner of the premises in which the violation is found, to correct or remove the violation;

(B) withdraw validation of the work notice; or

(C) order the owner, any public utility, or any private party furnishing electricity to such installation to disconnect electrical energy from all or any portion of the electrical system until the violation is removed or corrected.

(2) A municipal inspector may order any one or combination of these options set forth in subdivision (1) of this subsection, as necessary to effect compliance with the Board's rules.

(e) Acceptance of an assignment of responsibility under this section shall not preclude a municipality from conducting its own electrical inspection program.

(f) A person aggrieved by a refusal of a municipal inspector to issue a certificate of completion or by any other action of a municipal inspector or the municipality relating to this section may appeal to the Commissioner by filing a written application for a hearing with the Commissioner within 15 calendar days after written notice of such refusal or action. A person filing an application in accordance with this subsection shall be entitled to notice and an opportunity for a hearing before the Commissioner within 45 calendar days. Within 30 calendar days after the hearing, the Commissioner shall issue an order amending, modifying, or affirming the action by the municipal inspector or municipality.

(g) The results of all inspections conducted by municipal inspectors under this section shall be reported monthly to the Commissioner. Reports shall include the date of inspections, locations of the work inspected, the name and license number of the contractor performing the work, violations found, orders issued, and the date of any completion certificates or energizing permits issued.

(h) Municipal inspectors shall participate in training provided by the Department of Public Safety. The Department shall also provide continuing consultation, review, and assistance as may be necessary to municipal inspectors.

(i) The Commissioner may revoke an assignment of responsibility to a municipality granted under this section if the Commissioner determines that the training or qualifications of the municipal inspectors or the inspection procedures adopted by the legislative body are insufficient. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 10; 2003, No. 141 (Adj. Sess.), § 10b, eff. April 1, 2005.)