§ 448E-1.
Definitions.
As used in this chapter,
unless otherwise indicated by the context:
"Board" means the board of
electricians and plumbers.
"Journeyworker electrician"
means any person who has been licensed by the board as a journeyworker
electrician to perform electrical work.
"Journeyworker industrial
electrician" means any person who has been licensed by the board as a
journeyworker industrial electrician to perform and maintain electrical
work related to substation, switchgear, automatic controls, and all
other industrial electrical work in existing industrial buildings and
work places.
"Journeyworker plumber"
means any person who has been licensed by the board as a journeyworker
plumber to direct and supervise the performance of plumbing work and to
perform plumbing work.
"Journeyworker specialty
electrician" means any person who has been licensed by the board as a
journeyworker specialty electrician to perform electrical work related
to installing, repairing, altering, and maintaining but not the
attachment of lighting and power circuits to, the following: electronic
equipment, sound public address systems, and communication systems,
other than equipment and systems for a single-family or two-family
dwelling; master or community radio and television receiving antenna
systems; sound recording systems, other than systems for a single-family
or two-family dwelling; burglar and fire alarm systems; low voltage
remote control, other than a control for a single-family or two-family
dwelling; and low voltage communication signal systems.
"Maintenance electrician"
means any person who has been licensed by the board as a maintenance
electrician to maintain electrical work.
"Master plumber" means any
person who has been licensed by the board as a master plumber to direct
and supervise the performance of plumbing work and to perform plumbing
work and who provides overall supervision and general direction and is
responsible for proper installation of plumbing work.
"Supervising electrician"
means any person who has been licensed by the board as a supervising
electrician to direct and supervise the performance of electrical work
and to perform electrical work.
"Supervising industrial
electrician" means any person who has been licensed by the board as a
supervising industrial electrician to direct and supervise electrical
work related to substation, switchgear, automatic controls, and all
other industrial electrical work in existing industrial buildings and
work places.
"Supervising specialty
electrician" means any person who has been licensed by the board as a
supervising specialty electrician to direct and supervise the
performance of electrical work related to installing, repairing,
altering, and maintaining, but not the attachment of lighting and power
circuits, to the following: electronic equipment, sound public address
systems, other than equipment and systems for a single-family or
two-family dwelling; master or community radio and television receiving
antenna system; sound recording systems other than systems for a
single-family or a two-family dwelling; burglar and fire alarm systems;
low voltage remote control, other than control for a single-family or
two-family dwelling; and low voltage communication signal systems.
§ 448E-2.
Board; appointment.
There is established the
board of electricians and plumbers consisting of seven members. Two of
the members shall be engaged in the electrical trade and two of the
members shall be engaged in the plumbing trade. Three of the members
shall be private citizens not connected with the industry.
§ 448E-4.
Powers and duties of board.
In addition to any other
powers and duties authorized by law, the board shall have all the powers
and duties necessary or convenient to effectuate this chapter, including
but not limited to the following powers and duties:
(1) To grant
licenses which shall be renewable for:
(A) Journeyworker electricians;
(B) Journeyworker specialty electricians;
(C) Supervising electricians;
(D) Supervising specialty electricians;
(E) Master plumbers;
(F) Journeyworker plumbers;
(G) Maintenance electricians;
(H) Journeyworker industrial electricians; and
(I) Supervising industrial electricians;
(2) To adopt,
amend, or repeal rules in accordance with chapter 91 as it may deem
proper to effectuate this chapter and to insure the safety and welfare
of the general public; provided that the rules may forbid acts or
practices deemed by the board to be detrimental to the accomplishment of
the purpose of this chapter;
(3) To
enforce this chapter and rules adopted pursuant to this chapter and
chapter 91, including the denial, suspension, or revocation of any
license; and
(4) To
examine all applicants and licensees to determine their qualifications
prior to the issuance or renewal of licenses.
§ 448E-5.
Minimum requirements.
An applicant shall possess
the following minimum qualifications:
(1) Journey
worker electrician. Every applicant to be eligible for the journey
worker electrician examination shall be at least eighteen years of age
and shall provide satisfactory evidence of experience in residential or
commercial wiring of at least five years full-time or its equivalent,
but not less than 10,000 hours of experience in the trade under the
supervision of a journey worker or supervising electrician.
(2) Journey
worker specialty electrician. Every applicant to be eligible for the
journey worker specialty electrician examination shall be at least
eighteen years of age and shall have had at least five years' experience
in the trade.
(3)
Supervising electrician. Every applicant to be eligible for the
supervising electrician examination shall have been registered with the
board as a journey worker electrician for at least a period of four
years in the trade or shall have had equivalent experience in the trade.
(4)
Supervising specialty electrician. Every applicant to be eligible for
the supervising specialty electrician examination shall have been
registered with the board as a journey worker specialty electrician for
at least a period of four years in the trade or shall have had
equivalent experience in the trade.
(5) Journey
worker plumber. Every applicant to be eligible for the journey worker
plumber examination shall have had experience of at least five years'
full-time or its equivalent but not less than 10,000 hours as a journey
worker's or master plumber's helper, and is able to furnish satisfactory
evidence of such fact.
(6) Master
plumber. Every applicant to be eligible for the master plumber
examination shall have been registered with the board as a journey
worker plumber for at least two years or shall have had equivalent
experience in the trade.
(7)
Maintenance electrician. Every applicant to be eligible for the
maintenance electrician examination shall be not less than eighteen
years of age and shall have had at least one year of experience in
performing electrical maintenance work or proof of two years of
schooling in the electrical trade.
(8) Journey
worker industrial electrician. Every applicant to be eligible for the
journey worker industrial electrician examination shall be at least
eighteen years or age and shall have had experience in industrial
electrical work of at least five years full-time or its equivalent, but
not less than 10,000 hours.
(9)
Supervising industrial electrician. Every applicant to be eligible for
the supervising industrial electrician examination shall have been
registered with the board as a journey worker industrial electrician for
a period of at least four years or shall have had equivalent experience
in the trade.
HISTORY:
L 1971, c 183, pt of § 1;
am L 1972, c 2, § 20 and c 196, § 3; am L 1982, c 205, § 3; am L
1983, c 38, § 1 and c 56, § 4; am L 1991, c 117, § 1; gen ch 1993
[§ 448E-5.5.]
Examination.
(a) Every applicant
shall be examined and shall pass an examination to be eligible for
licensure. The board shall provide in its rules the passing score for
the examination. The board may examine applicants or may contract with
professional testing services to prepare, administer, and grade the
examination as may be required for the purpose of this section.
(b)
Every applicant shall pay an examination fee as provided in rules
adopted by the director pursuant to chapter 91. Should the board
contract with a professional testing agency to prepare, administer, and
grade the examination, the examination fee may be paid directly to the
testing agency by the director or the examinee.
§ 448E-8.
Fees; renewals.
(a) Renewal fees
shall be paid to the board before July 1.
(b)
Plumbers shall renew the license every three years effective June 30,
2006 and shall pay all required fees. Prior to the June 30, 2009 renewal
of the license, and prior to every license renewal thereafter, the
applicant shall:
(1) Pay all
required fees; and
(2) Meet the
requirements prescribed in section 448E-8.5.
(c)
Electricians shall renew the license every three years effective with
the July 1, 1996, renewal; provided that prior to the renewal of the
license the applicant shall:
(1) Pay all
required fees; and
(2) Meet the
requirements prescribed in section 448E-8.5.
(d)
Failure, neglect, or refusal of any licensee to pay the renewal fee or
meet the requirements of section 448E-8.5 before the renewal date shall
constitute a forfeiture of the license. Any license so forfeited may be
restored upon written application within one year from the date of
forfeiture, upon payment of the required renewal fee plus penalty fees
and upon meeting the requirements in section 448E-8.5.
§ 448E-8.5.
Continued competency; license renewals.
(a) Prior to each
license renewal, all licensed electricians except maintenance electricians
shall:
(1) Furnish the
board with proof of attendance at an educational course related to current
updates of the National Electrical Code conducted or approved by the
community colleges; or
(2) Successfully
complete an examination prescribed by the board on current updates to the
National Electrical Code. The board shall contract with a professional
testing agency to prepare, administer, and grade the examination. Fees
related to the examination shall be paid by the licensee directly to the
professional testing agency.
(b)
Prior to each license renewal, all licensed plumbers shall:
(1) Furnish the
board with proof of attendance at an educational course related to current
updates of the Uniform Plumbing Code conducted or approved by the community
colleges; or
(2) Successfully
complete an examination prescribed by the board on current updates to the
Uniform Plumbing Code. The board shall contract with a professional testing
agency to prepare, administer, and grade the examination. A licensee shall
pay all fees related to the examination directly to the professional testing
agency.
(c)
A licensee who has been issued a new license within one year of the renewal
date shall not be required to take the course or the examination to renew
the licensee's license.
§ 448E-9.
Unlicensed activity.
(a) No person shall act
or assume to act as a journey worker electrician, journey worker specialty
electrician, supervising electrician, supervising specialty electrician,
journey worker plumber, master plumber, maintenance electrician, journey
worker industrial electrician, or supervising industrial electrician, or
advertise or hold the person's self out as an electrician or plumber,
without a license previously obtained in compliance with this chapter and
the rules of the board; provided that any person may perform emergency
plumbing repair work in the person's principal place of residence when such
repairs do not involve or require rearrangement of valves, pipes, or
fixtures; provided further that no such emergency repairs may be performed
on sewer lines, drains, gas lines, and on fixtures being served with
backflow devices which include heaters, water closets, dishwashers, and
garbage disposal units.
For purposes of this
subsection:
"Electrician" means any person
who performs electrical work and includes but is not limited to any person
who acts as a journey worker electrician, journey worker specialty
electrician, supervising electrician, supervising specialty electrician,
maintenance electrician, journey worker industrial electrician, or
supervising industrial electrician.
"Plumber" means any person who
performs plumbing work and includes but is not limited to any person who
acts as a journey worker plumber or master plumber.
(b)
An apprentice or trainee learning the trade of a person licensed under this
chapter shall not be required to have a license if the apprentice or trainee
acts under the supervision of a person appropriately licensed under this
chapter.
(c)
Upon entry of a judgment by a court of competent jurisdiction finding that
the person has advertised in violation of this section, the entity
furnishing voice communication service to the violator shall disconnect the
telephone number contained in the advertisement or listing.
§ 448E-10.
Suspension; revocation; fine; denial of issuance or renewal of a
license.
(a) In addition to any
other actions authorized by law the board, after notice and hearing as
provided in chapter 91, may suspend or revoke any license, or impose fines,
or prior to the notice and hearing, deny the issuance or renewal of any
license for any cause authorized by law, including but not limited to the
following:
(1) Obtaining, or
attempting to obtain a license by fraud, misrepresentation, or deceit;
(2) Gross
negligence, incompetency, misconduct, or dishonesty in the practice of the
profession;
(3) False,
fraudulent, or deceptive advertising;
(4) Permitting an
unlicensed person to perform activities requiring a license;
(5) Aiding or
abetting an unlicensed person to violate this chapter;
(6) Allowing a
person's license to be used by an unlicensed person;
(7) Acting as an
agent, partner, or associate of an unlicensed person engaging in an activity
in violation of this chapter; or
(8) Violating any
provision of this chapter or rule of the board.
(b)
Any person who violates any provision of this chapter shall be fined not
less than $100 and not more than $5,000 for each violation.
§ 448E-11.
Injunction.
The board may, in addition to
any other remedy available, apply to a circuit court judge for a temporary
restraining order or preliminary or permanent injunction restraining any
person from acting, or assuming to act, as a journey worker electrician,
journey worker specialty electrician, supervising electrician, supervising
specialty electrician, maintenance electrician, journey worker industrial
electrician, supervising industrial electrician, journey worker plumber, or
master plumber without a license previously obtained in compliance with this
chapter and the rules of the board, and upon hearing and for cause shown,
the judge may grant the temporary restraining order or preliminary or
permanent injunction.
[§ 448E-12.]
Inspections.
Nothing in this chapter should
deprive the several counties of the right to perform electrical or plumbing
inspections, as regulated by their respective ordinances.
§ 448E-13.
Exemption of public utility and community antennae television company
employees.
All employees of a public
utility within the State under a franchise or charter granted by the State
which is regulated by the public utilities commission and community antennae
television company, while so employed, shall be exempt from the provision of
this chapter.