Commerce, Occupational and Professional Licensing

Rule R156-55b

Electricians Licensing Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34111
Filed: 09/23/2010 09:09:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2010 Legislative Session, S.B. 85 amended Title 58, Chapter 55, the Construction Trades Licensing Act, to require that immediate supervision be defined by Division rule. H.B. 176 also amended Title 58, Chapter 55, by establishing a continuing education registry and clarifying the required continuing education hours for licensed electricians. This filing implements proposed rules related to those legislative bills. Also, the filing changes how long any successfully passed part of the required examination for electricians may be valid. Licensure applicants for journeyman and master electrician license classifications can take years to take and pass the three separate parts of the examination. This has created a concern that codes and industry practices change and applicants that complete the examination should know the current codes and practices. Also, there is a perception that as a result of this proposed amendment, applicants would be more judicious about preparing for and passing the examination. (DAR NOTE: S.B. 85 (2010) is found at Chapter 29, Laws of Utah 2010, and was effective 05/11/2010. H.B. 176 (2010) is found at Chapter 57, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

Capitalized the word "division" throughout the rule. In Subsection R156-55b-102(1), added that the referenced National Electrical Code is the edition which is adopted in the State Construction Code Adoption Act and State Construction Code. Added Subsection R156-55b-102(2) which defines "immediate supervision". In Section R156-55b-302a, replaced the word "curriculum" with "program" in subsections (1)(a) and (2)(a). In Section R156-55b-302c, amendments and additions to this section establish that starting on 12/31/2010 a passed part of any examination required for electrician licensing is only valid for one year. Those individuals who have successfully passed any part of the examination prior to the 12/31/2010 date will have until 12/31/2011 to successfully pass all parts of the required examination. The entire Section R156-55b-304 regarding continuing education has been rewritten to implement H.B. 176. In Subsection R156-55b-401(4), updated the statutory citation.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Due to the definition change for immediate supervision, there may be an unknown increase in the number of administrative citations written by Division investigators for improper supervision of apprentice electricians which may result in a slight increase in revenue generated through a citation fine. The citation fine for such an offense is $500 for the first offense and $1,000 for the second offense.

local governments:

The proposed amendments only apply to licensed electricians and applicants for licensure in those electrician license classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

There are small businesses that are electrical contractors and others that provide continuing education courses. Small electrical contractors may be affected by the definition change for immediate supervision. This change may result in an unknown increase in the number of administrative citations written by Division investigators for improper supervision of apprentice electricians. The citation fine for such an offense is $500 for a first offense and $1,000 for a second offense. However, the Division is not able to determine how many future citations might be written or how many electrical contractors might violate the provision. For those small businesses that provide continuing education courses, there will be additional costs incurred. For continuing education courses to be reviewed for approval by the Division, the fee is $40 per course. The course providers will also have to place on the continuing education registry individual information of those who attended their courses. The registry cost for the continuing education providers is $1 per attendee for each hour of continuing education credit.

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

The proposed amendments apply to licensed electricians and applicants for licensure in those electrician license classifications as well as electrical continuing education providers. Since licensed electricians are already required to complete 16 continuing education hours every two years, there should be no additional cost to licensees to obtain the required continuing education hours. However, if a licensed electrician chooses not to utilize a continuing education registry, the licensee will incur a $40 fee for the Division to review and approve continuing education courses. For individuals or groups that provide continuing education courses, there will be additional costs incurred. For continuing education courses to be reviewed for approval by the Division, the fee is $40 per course. The course providers will also have to place on the continuing education registry individual information of those who attended their courses. The registry cost for the continuing education providers is $1 per attendee for each hour of continuing education credit. The proposed amendments define and clarify "immediate supervision". This definition and clarification is expected to improve the supervision of apprentice electricians. However, this change may result in an unknown increase in the number of administrative citations written by Division investigators for improper supervision of apprentice electricians. The citation fine for such an offense is $500 for a first offense and $1,000 for a second offense. However, the Division is not able to determine how many future citations might be written or how many electrical contractors might violate the "immediate supervision" provision. There will be an unknown number of individuals who will be required to retake an outdated part of the required examination for licensure they had previously passed as a result of the proposed amendment limiting the successful passage of any part of the examination to one year. The cost to take a single part of the required examination, which consists of three separate parts, for electricians is $72. The Division is not able to determine how many individuals will be required to retake parts of the examination that have not been successfully passed.

Compliance costs for affected persons:

The proposed amendments apply to licensed electricians, applicants for licensure in those electrician license classifications and electrical continuing education providers. Since licensed electricians are already required to complete 16 continuing education hours every two years, there should be no additional cost to licensees to obtain the required continuing education hours. However, if a licensed electrician chooses not to utilize a continuing education registry, the licensee will incur a $40 fee for the Division to review and approve continuing education courses. For those who provide electrician continuing education courses, there will be additional costs. For continuing education courses to be reviewed for approval by the Division, the fee is $40 per course. The course providers will also have to place on the continuing education registry individual information of those who attended their courses. The registry cost for the continuing education providers is $1 per attendee for each hour of continuing education credit. The proposed amendments define and clarify "immediate supervision". This definition and clarification is expected to improve the supervision of apprentice electricians. However, this change may result in an unknown increase in the number of administrative citations written by Division investigators for improper supervision of apprentice electricians. The citation fine for such an offense is $500 for a first offense and $1,000 for a second offense. However, the Division is not able to determine how many future citations might be written or how many electrical contractors might violate the "immediate supervision" provision. There will be an unknown number of individuals who would be required to retake an outdated part of the required examination for licensure they had previously passed as a result of the proposed amendment limiting the successful passage of any part of the examination to one year. The cost to take a single part of the required examination, which consists of three separate parts, for electricians is $72.

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

This filing implements recent statutory changes as to continuing education requirements and immediate supervision and makes other technical changes. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature.

Francine A. Giani, Executive Director

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

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

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov
• Dennis Meservy at the above address, by phone at 801-530-6375, by FAX at 801-530-6511, or by Internet E-mail at dmeservy@utah.gov

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:

11/15/2010

Interested persons may attend a public hearing regarding this rule:

• 10/27/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT

This rule may become effective on:

11/22/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-55b. Electricians Licensing 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[identified in Subsection R156-56-701(1)(b) which is hereby adopted and incorporated by reference]. 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. 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 that the apprentice and the supervising electrician may or may not be within sight of one another, but be physically present on the same project or jobsite.

([2]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.

([3]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.

([4]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.

([5]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.

 

R156-55b-103. Authority.

This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1)(a) to enable the [d]Division to administer Title 58, Chapter 55.

 

R156-55b-302a. Qualifications for Licensure - Education and Experience Requirements.

(1) In accordance with Subsection 58-55-302(3)(i)(i), the approved electrical training program for licensure as a residential journeyman electrician consists of:

(a) a program of electrical study approved by the Utah Board of Regents, Utah College of Applied Technology Board of Trustees or other out of state [curriculum]program that is deemed substantially equivalent as determined by the Electricians Licensing Board. Programs approved by the Electricians Licensing Board prior to January 1, 2009 remain approved programs; and

(b) at least two years of work experience as a licensed apprentice consistent with Section R156-55b-302b.

(2) In accordance with Subsection 58-55-302(3)(h)(i), the approved four year planned training program for licensure as a journeyman electrician consists of:

(a) a program of electrical study approved by the Utah Board of Regents, Utah College of Applied Technology Board of Trustees or other out of state [curriculum]program that is deemed substantially equivalent as determined by the Electricians Licensing Board. Programs approved by the Electricians Licensing Board prior to January 1, 2009 remain approved programs; and

(b) at least four years of work experience as a licensed apprentice consistent with Section R156-55b-302b.

(3) A semester of school shall include at least 81 hours of classroom instruction time. A student shall attend a minimum of 72 hours to receive credit for the semester.

(4) A competency exam shall be given to each student at the end of each semester with the exception of the fourth year second semester. A student, to continue to the next semester, shall achieve a score of 75% or higher on the competency exam. A student who scores below 75% may retake the test one time.

(5) The applicant shall pass each class with a minimum score of 75%.

(6) Competency test results shall be provided to the Board at the Board meeting immediately following the semester in a format approved by the Board.

(7) An applicant for a master electrician license, applying pursuant to Subsection 58-55-302(3)(f)(i) shall be a graduate of an electrical program accredited by the Engineering Accreditation Commission/Accreditation Board for Engineering and Technology (EAC/ABET).

(8) An applicant shall provide documentation that all education and experience meets the requirements of this rule.

 

R156-55b-302c. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsection 58-55-302(1)(c)(i), an applicant for licensure under this rule shall pass the appropriate examinations which are approved by the Board, each of which shall consist of a theory part, a code part and a practical part as follows:

(a) Utah Electrical Licensing Examination for Master Electricians;

(b) Utah Electrical Licensing Examination for Master Residential Electricians;

(c) Utah Electrical Licensing Examination for Journeyman Electricians; and

(d) Utah Electrical Licensing Examination for Residential Journeyman Electricians.

(2) Upon completing the requirements for licensure set forth in Sections R156-55b-302a and R156-55b-302b, the applicant shall obtain approval from the Division permitting the applicant to take the examination.

(3) The applicant shall obtain a "pass" grade on the practical part of the examination, a score of at least 75% on the theory part and a score of at least 75% on the code part of the examination.

(4) (a) If an applicant fails one or more [of the] parts of the examination, the applicant shall retake [the]any part [or parts] of the examination failed .

(b) An applicant may not retake any part of the examination [no] more than two [additional] times[, with] and shall wait at least 25 days between [tests]retakes.

([5]c) If an applicant does not pass [the]any failed part of the examination upon the second retake or within six months of initially being approved to test, whichever occurs first, [as provided in Subsection (4),] the applicant's application shall be denied.

(5)(a) On or after December 31, 2010, if an applicant passes any part of the examination but does not pass the entire examination, the passing score on any part of the examination shall be valid for one year from the date the part of the examination was passed. Thereafter the applicant shall retake any previously passed part of the examination.

(b) Prior to December 31, 2010, if an applicant passed any part of the examination but did not pass the entire examination, the applicant may use any previously passed part of the examination to pass the entire examination until December 31, 2011. Thereafter the applicant shall retake the entire examination to support any subsequent application for licensure.

 

R156-55b-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 55 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

 

R156-55b-304. Continuing Education.

[(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), there is created a continuing education requirement as a condition for renewal or reinstatement of master, journeyman, residential master, residential journeyman and apprentice electrician licenses issued under Title 58, Chapter 55.

(2) Continuing education shall consist of 16 hours of course work in each preceding two year period of licensure or expiration of licensure.

(3) A minimum of eight hours shall be on the current edition of the National Electrical Code, as identified in Subsection R156-56-701(1)(b).

(4) The licensee is responsible for maintaining competent records of completed qualified continuing education for a period of four years after the close of the two year renewal period to which the records pertain.

(5) The standards for qualified continuing education are as follows:

(a) courses and instructors shall be approved by the Electricians Licensing Board;

(b) the content must be relevant to the electrical trade and consistent with the laws and rules of this state;

(c) an instructor must either be currently teaching or have taught courses related to the electrical trade within the preceding two years for one of the following:

(i) a trade school, college or university whose electrical program is approved in accordance with Subsections R156-55b-302a(1)(a) and (3);

(ii) a professional association or organization representing licensed electricians whose program objectives relate to the electrical trade;

(iii) the licensing agency of another state;

(iv) a federal or other Utah agency or another state's agency; or

(v) the Division's Building Codes Education program.

(6) Electricians Licensing Board members, acting in their official capacity as a board member, may attend any continuing education course at no charge, at any time, to monitor the quality of instruction.](1) Required Hours. Pursuant to Sections 58-55-302.7 and 58-55-303, each licensee shall complete 16 hours of continuing education during each two year license term. A minimum of 12 hours shall be core education. The remaining four hours may be professional education.

(2) "Core continuing education" is defined as education covering the National Electrical Code as adopted or proposed for adoption.

(3) "Professional continuing education" is defined as education covering:

(a) National Fire Protection Association 70E (NFPA 70E), Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA);

(b) electrical motors and motor controls, electrical tool usage; and

(c) supervision skills related to the electrical trade.

(4) Non-acceptable course subject matter includes the following types of courses and other similar courses:

(a) mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;

(b) physical well-being or personal development, such as personal motivation, stress management, time management, or dress for success;

(c) presentations by a supplier or a supplier representative to promote a particular product or line of products; and

(d) meetings held in conjunction with the general business of the licensee or employer.

(5) The Division may:

(a) waive the continuing education requirements for a licensee that is an instructor of an approved apprenticeship program; or

(b) waive or defer the continuing education requirements as provided in Section R156-1-308d.

(6) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of at least 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules. The remaining ten minutes may be used for breaks.

(b) Provider. The course provider shall meet the requirements of this section and shall be one of the following:

(i) a recognized accredited college or university;

(ii) a state or federal agency;

(iii) a professional association or organization involved in the construction trades; or

(iv) a commercial continuing education provider providing a program related to the electrical trade.

(c) Content. The content of the course shall be relevant to the practice of the electrical trade and consistent with the laws and rules of this state.

(d) Objectives. The learning objectives of the course shall be reasonably and clearly stated.

(e) Teaching Methods. The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.

(f) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience.

(g) Distance learning. A course may be recognized for continuing education that is provided via internet or through home study courses provided the course verifies registration and participation in the course by means of a passing a test which demonstrates that the participant has learned the material presented. Test questions shall be randomized for each internet participant.

(h) Documentation. The course provider shall have a competent method of registration of individuals who actually completed the course, shall maintain records of attendance that are available for review by the Division and shall provide to individuals completing the course a certificate which contains the following information:

(i) the date of the course;

(ii) the name of the course provider;

(iii) the name of the instructor;

(iv) the course title;

(v) the hours of continuing education credit;

(vi) the attendee's name;

(vii) the attendee's license number; and

(viii) the signature of the course provider.

(7) On a random basis, the Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.

(8) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due. Each licensee shall assure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (11). Alternatively, the licensee may submit the course for approval and pay any course approval fees and attendance recording fees.

(9) Licensees who lecture in approved continuing education courses shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(10) Licensees who obtain an initial license after March 31st of the renewal year shall not be required to meet the continuing education requirement for that renewal cycle.

(11) A course provider shall submit continuing education courses for approval to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.

(12) The Division shall review continuing education courses which have been submitted through the continuing education registry and approve only those courses which meet the standards set forth under this section.

(13) Continuing Education Registry.

(a) The Division shall designate an entity to act as the Continuing Education Registry under this rule.

(b) The Continuing Education Registry, in consultation with the Division and the Commission, shall:

(i) through its internet site electronically receive applications from continuing education course providers and shall submit the application for course approval to the Division for review and approval of only those programs which meet the standards set forth under this section;

(ii) publish on its website listings of continuing education programs which have been approved by the Division, and which meet the standards for continuing education credit under this rule;

(iii) maintain accurate records of qualified continuing education approved;

(iv) maintain accurate records of verification of attendance and completion, by individual licensee, which the licensee may review for compliance with this rule; and

(v) make records of approved continuing education programs and attendance and completion available for audit by representatives of the Division.

(c) Fees. The Continuing Education Registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

 

R156-55b-401. Conduct of Apprentice and Supervising Electrician.

(1) It shall be the responsibility of the journeyman, residential journeyman, master or residential master electrician who is licensed by the [d]Division to insure that the work installed by any apprentice under his supervision, is properly installed. Proper and safe installations shall be the responsibility of the supervising party or parties.

(2) An apprentice may be supervised as a fourth year apprentice in the fifth and sixth year of apprenticeship. In the seventh and succeeding years of apprenticeship, he shall be under immediate supervision as set forth in Subsection 58-55-302(3)(j)(i).

(3) All other apprentices shall be under immediate supervision as set forth in Subsection 58-55-302(3)(j).

(4) For the purposes of Subsections 58-55-102([28]31), 58-55-501(12) and 58-55-302(3)(j), one of the following shall apply:

(a) the supervisor and apprentice employees are employees of the same electrical contractor;

(b) the supervisor and apprentice employees providing work or supervision of work for another electrical contractor are considered as employees of the electrical contractor on the project; or

(c) the employees of a licensed professional organization who provide workers under a contract with an electrical contractor are considered as employees of the electrical contractor with regard to the work performed on the project.

 

KEY: occupational licensing, licensing, contractors, electricians

Date of Enactment or Last Substantive Amendment: [ October 22, 2009 ] 2010

Notice of Continuation: November 8, 2006

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