DAR File No. 38648

Commerce, Occupational and Professional Licensing

Rule R156-55b

Electricians Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38648
Filed: 06/23/2014 03:42:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division, Electricians Licensing Board, and Construction Services Commission are proposing amendments to the rule to make minor technical corrections, reference applicable administrative penalties for unlawful and unprofessional conduct, and provide clarification relating to the supervision and conduct of licensees.

Summary of the rule or change:

In Section R156-55b-302c, the proposed amendments update the admission requirements to sit for required electrical exams and remove the requirement to obtain preapproval from the Division. Additionally, in Subsection R156-55b-302c(5), the term "on or after December 31, 2010" is deleted since it is no longer applicable and Subsection R156-55b-302c(5)(b) is deleted as it is also no longer applicable. Section R156-55b-305 is a new section that provides the requirements for licensure by endorsement are identified in Section 58-1-302. In Section R156-55b-401, the proposed amendments define and clarify the conduct of the apprentice and supervising electrician as it relates to Subsection 58-55-302(3)(j). In Section R156-55b-501, the proposed amendments add as unprofessional conduct, failing as a licensee to comply with the supervision requirements established by Subsection 58-55-302(3)(j), and update other language in the section to maintain consistency. Section R156-55b-502 is a new section that references the applicable administrative penalties applicable to licensees and other persons governed by this rule.

State statutory or constitutional authorization for this rule:

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

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

small businesses:

The proposed amendments only apply to various classifications of licensed electricians and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

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

The proposed amendments only apply to various classifications of licensed electricians and applicants for licensure in those classifications. The Division anticipates that these proposed amendments will not result in additional encumbrances for any party beyond what is currently identified by statute or rule.

Compliance costs for affected persons:

The proposed amendments only apply to various classifications of licensed electricians and applicants for licensure in those classifications. The Division anticipates no additional costs or savings as a result of the proposed amendments.

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

This filing incorporates several statutory and rule sections that apply to licensed electricians. In addition, it clarifies the point at which a prospective licensee is authorized to take the license examination and the type of supervision that must be exercised over an apprentice. The substantive amendments govern the licensing process for individuals; therefore, no fiscal impact to businesses is anticipated.

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
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 sduncombe@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:

08/14/2014

Interested persons may attend a public hearing regarding this rule:

• 07/30/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

08/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-55b. Electricians Licensing Act 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 that 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.]Admission to the examinations is permitted after the applicant has completed all requirements for licensure set forth in Sections R156-55b-302a and R156-55b-302b.

(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 parts of the examination, the applicant shall retake any part of the examination failed.

(b) An applicant shall wait at least 25 days between the first two retakes and thereafter shall wait 120 days between retakes.

(5)[(a) On or after December 31, 2010, i]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-305. Licensure by Endorsement.

The Division may issue a license by endorsement in accordance with the provisions of Section 58-1-302.

 

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 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).

](1) The conduct of licensed apprentice electricians and their licensed supervisors shall be in accordance with Subsection 58-55-302(3)(j), Sections 58-55-501, 58-55-502, and R156-55b-501.

([4]2) For the purposes of Subsections 58-55-102(31), 58-55-[501(12)]302(3)(j) and 58-55-[302(3)(j)]501(12), one of the following shall apply:

(a) the supervisor and apprentice employees [are]shall be 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.]the electrical contractor may contract with a licensed professional employer organization to employ such persons.

(3) An apprentice in the fourth through sixth year of training may work without supervision for a period not to exceed eight hours in any 24-hour period. In the seventh and succeeding years of training, the nonsupervision provision no longer applies and the apprentice shall be under immediate supervision as set forth in Subsection 58-55-302(3)(j).

 

R156-55b-501. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing as a licensee to comply with the supervision requirements established by Subsection 58-55-302(3)(j).

(2) fail[ure of]ing as a licensee to carry a copy of a current license at all times when performing electrical work;

([2]3) fail[ure of]ing as an electrical contractor to certify an electrician's hours and breakdown of work experience by category when requested by an electrician who is or has been an employee; and

([3]4) fail[ure of]ing as a licensee to provide proof of completed continuing education within 30 days of the Division's request.

 

R156-55b-502. Administrative Penalties.

(1) The administrative penalties defined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rule are hereby adopted as the administrative penalties applicable under this rule.

(2) The administrative penalty for a violation of Subsection 58-1-501(2)(o) under this rule shall be in accordance with Section R156-1-502.

 

KEY: occupational licensing, licensing, contractors, electricians

Date of Enactment or Last Substantive Amendment: [September 12, 2011]2014

Notice of Continuation: October 4, 2011

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