DAR File No. 41261

Commerce, Occupational and Professional Licensing

Section R156-55b-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41261
Filed: 01/31/2017 10:24:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing is recommended by the Electricians Licensing Board and the Construction Services Commission to redefine the immediate supervision requirement for residential electrical work. Current rules impose an immediate supervision requirement for both residential electrical work and industrial and commercial electrical work, requiring the apprentice electrician and the supervising electrician to be physically present on the same project or jobsite. This filing modifies the supervision requirement for residential electrical work so that the supervising electrician need not be physically present on the same residential project or jobsite as the apprentice requiring supervision. No other changes are made to residential electrical supervision requirements; the supervising electrician on residential work will still need to maintain the ratio of one master or journeyman electrician to three apprentices. No changes are made to the supervision requirements for industrial and commercial electrical work. This filing also makes minor technical changes replacing references to the National Electrical Code with Title 15A, State Construction and Fire Codes Act, and more clearly defining the scope of residential electrical work as it pertains to supervision.

Summary of the rule or change:

The amendments to Subsection R156-55b-102(1) replace the code reference with a reference to Title 15A, State Construction and Fire Codes Act. The amendments to Subsection R156-55b-102(2) modify the definition of "Immediate supervision" for residential electrical work. The amendments to Subsection R156-55b-102(4) clarify the definition of "Residential project".

Statutory or constitutional authorization for this rule:

• Subsection 58-5-202(1)(a)
• Subsection 58-1-106(1)(a)
• Subsection 58-55-308(1)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments do not apply to local governments. The amendments only apply to electrical contractors, to supervising master or journeyman electricians, and to apprentice electricians requiring supervision while engaged in residential electrical projects.

small businesses:

The proposed amendments may apply to small business. It is anticipated that electrical contractors who own or operate small businesses and handle residential electrical work will be able to operate more efficiently and increase revenue as their apprentices who need supervision will not need to have the supervising electrician physically present on the same project or jobsite. It is also anticipated that allowing apprentice electricians to continue working on projects or jobsites while the supervising electrician is not physically present will not conflict with the supervising electrician's responsibility to ensure that the end result complies with applicable standards. The aggregate savings cannot be estimated as it will vary depending on circumstances, including the volume of residential work to be completed and the experience and aptitude of the apprentice electricians.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments will only affect electricians engaged in electrical work specific to residential projects. The aggregate impact on these persons cannot be estimated, as it will vary depending on circumstances, including the volume of residential work to be completed, and the experience and aptitude of the apprentice electricians.

Compliance costs for affected persons:

The individuals affected by these amendments will be electrical contractors engaging in residential electrical work, supervising master electricians or supervising journeyman electricians, and apprentice electricians who require supervision while engaged in electrical work on residential projects. The Division does not anticipated any compliance costs for these affected individuals.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments to Section R156-55b-102 replace the code references to the National Electrical Code with references to Title 15, State Construction and Fire Codes Act; modify the definition of "immediate supervision" for residential electrical work; and clarify the definition of "residential project". The practical consequence of these changes is that it will no longer be necessary for the supervising electrician to be physically present on the same residential project or jobsite as the apprentice requiring supervision. This change will provide a cost savings to electrician businesses, permitting such businesses to work more efficiently. An exact computation of the cost savings will depend in various factors, depending on the circumstances of the business and the projects involved.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2017

Interested persons may attend a public hearing regarding this rule:

• 02/22/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

03/24/2017

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-55b. Electricians Licensing Act Rule.

R156-55b-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapter 55 or this rule:

(1) "Electrical work" as used in Subsection 58-55-102(13)(a) and in this rule means installation, fabrication or assembly of equipment or systems included in "Premises Wiring" as defined [in the edition of the National Electrical Code, as adopted in the State Construction Code Adoption Act and State Construction Code]by Title 15A, State Construction and Fire Codes Act. Electrical work includes installation of raceway systems used for any electrical purpose, and installation of field-assembled systems such as ice and snow melting, pipe-tracing, manufactured wiring systems, and the like. Electrical work does not include installation of factory-assembled appliances or machinery that are not part of the premises wiring unless wiring interconnections external to the equipment are required in the field, and does not include cable-type wiring that does not pose a hazard from a shock or fire initiation standpoint as defined [in the National Electrical Code]by Title 15A, State Construction and Fire Codes Act. Wiring covered by the National Electrical Code that does not pose a hazard as described above includes Class 2 wiring as defined in Article 725, Power-Limited circuits as defined in Article 760 and wiring methods covered by Chapter 8. All other wiring is subject to licensing requirements.

(2) "Immediate supervision", as used in Subsection 58-55-102(23) and this rule means the following:

(a) for industrial and commercial electrical work,[that] the apprentice and the supervising electrician are physically present on the same project or jobsite but are not required to be within sight of one another ; and

(b) for residential electrical work, the supervising electrician, when not physically present on the same project or jobsite as the apprentice, is available to provide reasonable direction, oversight, inspection, and evaluation of the work of an apprentice so as to ensure that the end result complies with applicable standards.

(3) "Minor electrical work incidental to a mechanical or service installation" as used in Subsection 58-55-305(1)(n) means the electrical work involved in installation, replacement or repair of appliances or machinery that utilize electrical power. Minor electrical work does not include modification or repair of "Premises Wiring" as defined in the National Electrical Code, and does not include installation of a disconnecting means or outlet. Electrical work is minor and incidental only when wiring is extended no more than ten feet in length from an outlet or disconnect provided specifically for the piece of equipment.

(4) "Residential project" as used in Subsection 58-55-302(3)(j)(ii) pertains to supervision and means electrical work performed in [residential dwellings of up to three stories and will include single and multi family dwellings]one or two-family dwellings, including townhouses, as determined by Title 15A, State Construction and Fire Codes Act.

(5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 55, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-55b-501.

(6) "Work commonly done by unskilled labor" as used in Subsection 58-55-102(13)(b)(iii) means work such as digging, sweeping, hammering, carrying, drilling holes, or other tasks that do not directly involve the installation of raceways, conductors, cables, wiring devices, overcurrent devices, or distribution equipment. Unlicensed persons may handle wire on large wire pulls involving conduit of two inches or larger or assist in moving heavy electrical equipment when the task is performed in the immediate presence of and supervised by properly licensed master, journeyman, residential master or residential journeyman electricians acting within the scope of their licenses.

 

KEY: occupational licensing, licensing, contractors, electricians

Date of Enactment or Last Substantive Amendment: [November 7, 2016]2017

Notice of Continuation: August 8, 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)