North Dakota Administrative Code Title 24 - Electrical Board

🔹 Overview of Title 24 NDAC – State Electrical Board

Title 24 NDAC contains the administrative rules adopted by the North Dakota State Electrical Board (NDSEB). These rules regulate all aspects of electrical work, including:

Licensing and registration of electricians

Electrical installations, inspections, and permits

Safety standards and code compliance

Continuing education and discipline of licensees

The rules ensure that electrical work across North Dakota is performed safely, meets uniform standards, and protects both the public and property from electrical hazards.

🔹 Statutory Authority

The NDSEB and its rules in Title 24 are authorized by the North Dakota Century Code (NDCC) Chapter 43-09, titled "Electrical Licensing." This chapter grants the Board powers to:

License master, journeyman, and apprentice electricians

Adopt the National Electrical Code (NEC) as the standard for all electrical installations

Enforce safety rules through inspections and penalties

Conduct hearings, impose sanctions, and investigate complaints

🔹 Structure of Title 24 NDAC – Key Provisions

The NDAC Title 24 is organized into chapters that correspond to various regulatory functions of the Electrical Board.

1. Licensing and Certification Rules

Master Electrician License: Requires qualifying experience, passing an exam, and renewal every two years.

Journeyman Electrician License: Issued to electricians who have completed apprentice training and passed the journeyman exam.

Apprentice Registration: Apprentices must register with the Board and work under licensed supervision.

Class B and Limited Licenses: Certain licenses are available for farmstead, oilfield, or maintenance work, with restrictions.

Key Rules Include:

Experience verification

Exam administration and retakes

License reciprocity with other states (if available)

Renewal deadlines and fees

2. Permits and Inspections

Electrical permits are required for most installations (new construction, remodels, major repairs).

Licensed electricians must obtain permits before beginning work, and inspections must be requested upon completion.

Inspections are conducted by NDSEB-appointed electrical inspectors.

Failures to comply may result in corrections orders, penalties, or license suspension.

3. Adoption of National Electrical Code (NEC)

The Board adopts the most recent edition of the NEC, with possible North Dakota-specific amendments.

Compliance with the NEC is mandatory for all electrical installations in the state.

Violations of the NEC are grounds for disciplinary action and can create civil liability.

4. Continuing Education Requirements

All licensed electricians must complete continuing education (CE) hours to renew their licenses.

CE courses must be Board-approved and typically cover updates to the NEC, safety practices, or code interpretation.

Failure to complete CE hours may result in non-renewal of the license.

5. Disciplinary Actions and Hearings

The Board can take disciplinary action against licensees for:

Performing work without a license

Code violations

Unsafe installations

Fraud, misrepresentation, or criminal convictions related to the profession

Penalties may include:

License suspension or revocation

Fines

Probation

Mandatory retraining

Licensees have the right to notice and a hearing under state administrative law procedures.

🔹 Key Administrative Principles in Title 24 NDAC

Public Safety First: The rules prioritize public safety, especially regarding fire and shock hazards.

Uniform Standards: Adoption of the NEC ensures uniform electrical practices across North Dakota.

Accountability: Electricians are held to high professional and ethical standards.

Due Process: Licensees facing discipline are entitled to hearings and appeals.

Enforcement: The Board actively investigates complaints and performs routine inspections.

🔹 Case Law Involving Title 24 and NDSEB

While North Dakota courts have not published a large number of decisions specifically referencing Title 24, the following legal principles frequently emerge in disputes involving the State Electrical Board:

✅ 1. Licensing Enforcement and Unlicensed Practice

Example Legal Issue: An individual performs electrical work without a valid license and is penalized.

Court Principle: Courts uphold the Board’s enforcement actions when there’s clear evidence of unlicensed work. Licensing protects public welfare and is not a mere technicality.

Illustrative Outcome: The court affirms a fine and cease-and-desist order issued by the Board against the unlicensed individual.

✅ 2. Revocation or Suspension of Licenses

Example Legal Issue: A journeyman or master electrician appeals the Board’s decision to suspend their license due to code violations.

Court Principle: As long as the Board follows proper procedures (notice, hearing, findings of fact), its disciplinary decisions are upheld if supported by substantial evidence.

Illustrative Outcome: A court reviews the administrative record and finds that the Board correctly determined repeated NEC violations, justifying the suspension.

✅ 3. Interpretation of NEC and State Amendments

Example Legal Issue: Disputes over whether a particular installation violates the NEC as adopted by the Board.

Court Principle: Courts defer to the Board’s technical interpretation of the NEC unless it is arbitrary or contrary to statutory authority.

Illustrative Outcome: A challenge to an inspector’s decision is rejected because the Board's interpretation was reasonable and consistent with safety standards.

✅ 4. Due Process in Administrative Hearings

Example Legal Issue: An electrician claims that the Board revoked their license without a fair hearing.

Court Principle: The court ensures that minimum due process was met — including notice of the hearing, opportunity to present evidence, and an impartial decision-maker.

Illustrative Outcome: If the Board failed to provide adequate procedural protections, the court may remand the case for a new hearing.

🔹 Practical Implications

For Electricians:

Must maintain active licenses, follow NEC standards, and complete continuing education.

Noncompliance can result in severe professional consequences.

For Contractors and Builders:

Must ensure that only licensed electricians perform electrical work.

Can be held liable for hiring unlicensed workers.

For Inspectors and the Public:

Public safety is protected through permit and inspection requirements.

Consumers can file complaints against unsafe or improper electrical work.

For the State:

The Electrical Board ensures uniform standards, reducing risks of electrical fires, injuries, and faulty installations.

🔹 Summary

Title 24 of the North Dakota Administrative Code governs the work of the North Dakota State Electrical Board, which ensures that electrical installations across the state are safe, code-compliant, and performed by qualified professionals.

Through rules on licensing, inspections, code enforcement, and continuing education, Title 24 promotes high standards and protects public safety. The Board has broad authority to enforce these rules, and its decisions are generally upheld by courts if due process is followed and evidence supports the action.

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