No. 28611 (Amendment): R156-55b. Electricians Licensing Rules

DAR File No.: 28611
Filed: 04/13/2006, 09:42
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

After review by the Division, the Electricians Licensing Board and the Construction Services Commission, a few amendments are being proposed to the rule. The major amendment being proposed involves increasing the minimum passing score on required examinations for journeyman and master electricians. Currently to become licensed in the different classifications for journeyman, master, master residential and residential journeyman electrician, a passing score of 70 is required for each section of the examination. The practical section of the examination used to be a written test. However, this examination was changed to a hands-on examination earlier this year due to pressure from the electrical industry. The Construction Services Commission, upon recommendation from the Electricians Licensing Board, has approved changing the passing score on the code and theory sections of the examinations to 75. The practical section of the examination will be changed to a pass or fail grade. The score of 75 will assist in reciprocity or endorsement of licensing from other states. There is also a perception by the Electricians Licensing Board the proposed changes are necessary to raise the competency level in the electrical industry.

 

Summary of the rule or change:

In Subsection R156-55b-102(5), deleted a statute citation that is no longer applicable to the definition of "work commonly done by unskilled labor". In Subsection R156-55b-302a(2), amendments are proposed to change the minimum passing score for each section of required examinations for journeyman and master electricians to a "pass" grade on the practical section of the examination and a score of at least 75 on both the theory section and the code section of the examinations. In Subsection R156-55b-302b(3), updated a statute citation reference. In Subsections R156-55b-303(1) and (2), updated rule citations.

 

State statutory or constitutional authorization for this rule:

Subsections 58-1-106(1)(a), 58-1-202(1)(a), and 58-55-308(1)

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of $75 to reprint 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 individuals who are licensed as electricians or who may apply for licensure as electricians.

 

other persons:

The proposed amendments only affect applicants applying for licensure as master, journeyman, master residential or residential journeyman electricians. Initially the Division anticipates there will be a rise in the failure rate of applicants taking the different sections of the electrical examination, but this will be negated over time. For those electrician applicants who do not pass all sections of the examination under the increased score requirements, there will be an additional cost of $80 per section of the exam that needs to be retaken. The Division is unable to determine how many applicants will be affected as a result of the proposed amendments as the amendments will only affect those applicants who have taken the examinations and have not received a pass score on the practical section or a score of 75 on the theory and code sections.

 

Compliance costs for affected persons:

For those electrician applicants who do not pass all sections of the examination under the increased score requirements, there will be an additional cost of $80 per section of the exam that needs to be retaken.

 

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

This rule filing includes technical amendments to update references. It also amends the examination requirement based upon changes to the profession and to comply with national standards for purposes of reciprocity. Raising the passing score for the theory examination could potentially cause a fiscal impact to license applicants, but any such impact is outweighed by the benefits of national reciprocity and by the benefit to the public from the licensure of more qualified individuals. 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:

Dennis Meservy at the above address, by phone at 801-530-6375, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

 

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:

05/31/2006

 

Interested persons may attend a public hearing regarding this rule:

5/31/2006 at 9:15 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake City, UT

 

This rule may become effective on:

06/01/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55b. Electricians Licensing Rules.

R156-55b-102. Definitions.

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

(1) "Electrical work" as used in Subsection 58-55-102(13)(a) and in these rules means installation, fabrication or assembly of equipment or systems included in "Premises Wiring" as defined in the edition of the National Electrical Code, as 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. Other wiring, including wiring under 50 volts is subject to licensing requirements.

(2) "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. These installations do not include modification or repair of "Premises Wiring" as defined in the National Electrical Code. 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) "Residential project" as used in Subsection 58-55-302(3)(g)(ii) means electrical work performed in residential dwellings under four stories and will include single family dwellings, apartment complexes, condominium complexes and plated subdivisions.

(4) "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) "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. Tasks such as handling wire on large wire pulls or assisting in moving heavy electrical equipment may utilize unlicensed persons [in accordance with Subsections 58-55-102(11)(b)(i) and (ii) ]when the task is performed in the immediate presence of and supervised by properly licensed persons. Tasks that are normally performed by the skilled labor of other trades, such as operating heavy equipment, driving, forming and pouring concrete, welding and erecting structural steel shall not be considered part of the electrical trade.

 

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

(1) In accordance with Subsection 58-55-302(1)(c)(i), the following examinations, each consisting of a theory section, a code section and a practical section, are approved by the division in collaboration with the board:

(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) The minimum passing score for each section of [each]the examination is [70%.]as follows:

(a) the applicant must obtain a "pass" grade on the practical section of the examination; and

(b) the applicant must obtain a score of at least 75 on both the theory section and the code section of the examination.

(3) If an applicant passes any one section of the examination and fails any one or more of the other sections, he is only required to retake the section of the examination failed. There must be a minimum of 30 days between the first test and the retake of any failed section. Test approval letters expire six months from the date of issue. Reapplication for licensure is required to obtain a new test authorization letter.

(4) Admission to the examination is permitted in the form of a letter from the Division after the applicant has completed all requirements for licensure set forth in Sections R156-55b-302b and R156-55b-302c.

(5) An examinee who fails any section of the Utah Electricians Licensing Examination two times shall not be permitted to retake the examination until:

(a) the examinee meets with the board and the board outlines a required remedial program of education or experience of up to one year in length which must be completed before the examinee may again take the examination; and

(b) upon successful completion of the required remedial program of education or experience, the examinee shall apply to the Division to retake the failed portion of the examination a maximum of two times with at least 30 days between tests. Failure to pass all required portions of the examination upon retake shall result in denial of their application for licensure. An applicant continuing to seek licensure must reapply for licensure by filing a new application with the required fee and may do so only after completing additional remedial education and experience as determined by the Division and the Board.

 

R156-55b-302b. Qualifications for Licensure - Education Requirements.

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

(a) a curriculum of electrical study approved by the Utah Board of Regents or other curriculum that is deemed substantially equivalent; and

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

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

(a) a curriculum of electrical study approved by the Utah Board of Regents or other curriculum that is deemed substantially equivalent; and

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

(3) In accordance with Subsections 58-55-302(3)(c)[(ii) and (iii)](i), an approved course of study for a graduate of an electrical trade school is a curriculum of electrical study approved by the Utah Board of Regents or other curriculum that is deemed substantially equivalent.

(4) It shall be the responsibility of the applicant to provide adequate documentation to establish equivalency.

(5) In accordance with Subsection 58-55-302(3)(c)(i), an approved college or university shall be accredited by the Engineering Accreditation Commission/Accreditation Board for Engineering and Technology or the Canadian Engineering Accrediting Board.

 

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 R156-1-308a.

 

KEY: occupational licensing, licensing, contractors, electricians

Date of Enactment or Last Substantive Amendment: [June 15, 2004]2006

Notice of Continuation: January 7, 2002

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