No. 27112 (Amendment): R156-55b. Electricians Licensing Rules

DAR File No.: 27112
Filed: 04/26/2004, 03:15
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division, the Construction Services Commission, and the Electricians Licensing Board are proposing amendments to: 1) establish guidelines for testing; 2) change work experience hours from a percentage to a number to clarify the required number of hours needed to qualify for licensure; 3) make it unprofessional conduct for an electrical contractor to refuse to provide the Division with a verification of experience for an apprentice that is working or has worked for them; and 4) correct statute citations throughout the rule. Testing: there is a need for guidelines to provide an orderly course for test takers. If an applicant for licensure fails a section of an electrical examination twice, the applicant is required to meet with the Electricians Licensing Board to determine what is needed to prepare them to successfully pass the examination when it is taken again. Some candidates are spending hundreds of dollars taking tests time after time without studying in hopes they will soon have it memorized and then can pass it. The examinations are supposed to test competency, not memory. The proposed amendments will put into rule recent procedures implemented to reduce abuses of the testing system that have allowed test takers to test multiple times in a day, as well as, day after day, until they either run out of money, give up, or pass the examination. The Electricians Licensing Board is concerned that without these proposed amendments incompetent people could circumvent the purpose of testing. The Plumbers Licensing Board have followed similar procedures for years. They have found that the rule actually helps candidates be better prepared to take and pass the state examinations. For years plumbers test scores have been higher then electricians since students realize they need to attend classes, pay attention, and study to be prepared to pass the tests because they are not going to have infinite chances to retake and pass the examinations. Reporting of work hours: the proposed amendments regarding the reporting of work hours could be termed a technical correction because the work hours remain the same; it is just the way the hours are reported that is being revised. Work hours expressed and reported as percentages will be changed to numbers. The hours of different types of work experience required for higher lever licenses expressed in percentages is confusing to applicants and difficult for employers. The Electricians Licensing Board has determined from their own experience, as licensed contractors, that it would be much simpler to deal with numbers, rather than percentages, since that is how they keep their time cards. Employer verification of hours worked: recently complaints have increased from journeyman and residential journeyman applicants because their current or former employers have refused to sign off on their hours so they can progress to a higher level license. Some say their employer says he won't sign because he doesn't want them as a competitor, the employee has left on bad terms, or the employer wants to keep them locked in as cheaper labor. Whatever the reason, the end result is the same; the employee loses credit towards the new license because they cannot get a verification of hours worked. There is nothing in the statute, at the current time, that gives any incentive or penalty to an employer that refuses to sign a verification of work hours. This proposed amendment is designed to encourage cooperation.

 

Summary of the rule or change:

In Section R156-55b-102, corrects statute citations. In Section R156-55b-302a, amendments are made to provide that there must be a minimum of 30 days between the first test and the retake of any failed section of the examination. Also, added that test approval letters expire six months from the date of issue and that reapplication for licensure is required to obtain a new test authorization letter. Amendments were also added to clarify procedures if an applicant for licensure fails any section of the Utah Electricians Licensing Examination two times. In Section R156-55b-302c, percentage amounts were changed to hourly amounts for residential journeyman electricians and journeyman electricians. In Section R156-55b-304, corrects statute citations. In Section R156-55b-401, updated employee leasing companies to their correct name which is professional employer organizations. In Section R156-55b-501, added as a unprofessional conduct the failure of an electrical contractor to certify an apprentice's hours and breakdown of work experience by category when requested by an apprentice that is or has been an employee.

 

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, approximately $50, 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:

Proposed rule amendments do not apply to local governments.

 

other persons:

Applicants applying for licensure in one of the following categories: master electrician, master residential electrician, journeyman electrician, and residential journeyman electrician will be affected by these proposed amendments. If an applicant requires a new test authorization letter because they have let the original test authorization expire after six months from the issuance date, the applicant will be required to submit a new application and pay a new application fee of $110. Also, if an applicant for licensure in one of the above categories fails to pass the required examination after four times, they will also be required to submit a new application for licensure, and pay an application fee of $110. There may also be some costs to the applicant to obtain whatever remedial program of education or experience may be required of them before they can retake the examination another time. Due to wide varying degrees of education or additional experience that may be required by the Electricians Licensing Board, the Division is unable to determine any exact costs associated with this. The Division also is unable to determine how many applicants will not pass any given examination within two times. However, these additional costs may be offset by the applicant not having to pay examination fees required each time they take the examination.

 

Compliance costs for affected persons:

Applicants applying for licensure in one of the following categories: master electrician, master residential electrician, journeyman electrician and residential journeyman electrician will be affected by these proposed amendments. If an applicant requires a new test authorization letter because they have let the original test authorization expire after six months from the issuance date, the applicant will be required to submit a new application and pay a new application fee of $110. Also, if an applicant for licensure in one of the above categories fails to pass the required examination after four times, they will also be required to submit a new application for licensure and pay an application fee of $110. There may also be some costs to the applicant to obtain whatever remedial program of education or experience may be required of them before they can retake the examination another time. Due to wide varying degrees of education or additional experience that may be required by the Electricians Licensing Board, the Division is unable to determine any exact costs associated with this. The Division also is unable to determine how many applicants will not pass any given examination within two times. However, these additional costs may be offset by the applicant not having to pay examination fees required each time they take the examination.

 

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

This rule amendment adopts various examination standards intended to reduce abuse of the examination process and to improve preparation and knowledge of applicants. This amendment could have a positive impact to applicants by saving them the cost of numerous tests until they finally pass, yet a negative impact in making them wait until 30 days or until they have remedial instruction. However, the impact to businesses and the public will be a positive one in that the examination process will better weed through the applicants to license those who are better-trained electricians. However, the amount of the fiscal impact is difficult to determined and depends upon the number of applicants affected. The rule filing further defines an electrical contractor's failure to verify the experience of his apprentices as "unprofessional conduct" and makes other technical changes. The additional definition of unprofessional conduct should again be a positive fiscal impact to businesses and the public, as it prevents abuses by certain licensees. However, the amount of the fiscal impact is undeterminable. Klarice A. Bachman, 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:

Craig Cottle 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:

06/14/2004

 

Interested persons may attend a public hearing regarding this rule:

5/20/2004 at 9:00 AM, 160 East 300 South, Conference Room 4A (fourth floor), Salt Lake City, UT

 

This rule may become effective on:

06/15/2004

 

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([11]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([14]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([5]1)(e), in Section R156-55b-501.

(5) "Work commonly done by unskilled labor" as used in Subsection 58-55-102([11]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-103. Authority.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 55.

 

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 examination is 70%.

(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-302c. Qualifications for Licensure - Work Experience.

(1) In accordance with Subsections 58-55-302(3)(c), (d), (e) and (f), the practical electrical experience, course of study, practical experience, planned training program, or electrical training program shall include on-the-job work experience in the following categories and approximate percentages:

(a) [50-80%]approximately 3000-4800 hours residential journeyman electrician; 4000-6400 hours journeyman electrician in raceways, boxes and fittings, wire and cable to include conduit, wireways, cableways and other raceways and associated fittings, individual conductors and multiconductor cables, and nonmetallic-sheathed cable;

(b) [10-20%]approximately 600-1200 hours residential journeyman electrician; 800-1600 hours journeyman electrician in wire and cable to include individual conductors and multi-conductor cables;

(c) [5-15%]approximately 300-900 hours residential journeyman electrician; 400-1200 hours journeyman electrician in distribution and utilization equipment to include transformers, panel boards, switchboards, control panels, disconnects, motor starters, lighting fixtures, heaters, appliances, motors, and other distribution and utilizations equipment; and

(d) [5-15%]approximately 300-900 hours residential journeyman electrician; 400-1200 hours journeyman electrician in specialized work to include grounding, wiring of systems for sound, data, communications, alarms, automated systems, generators, batteries, computer equipment, etc.

(2) Each year of work experience shall include at least 2000 hours and may be obtained in one or more years. No more than one year of work experience may be credited for each 12 month period.

(3) No credit will be given for work experience performed illegally.

 

R156-55b-304. Continuing Education.

(1) In accordance with Subsections 58-1-203([7]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) the content must be relevant to the electrical trade and consistent with the laws and rules of this state;

(b) 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-302b(1)(a) and (5);

(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, for no credit, to monitor the quality of instruction.

 

R156-55b-401. Scope of Practice.

In accordance with Subsection 58-55-308(1), the following shall apply:

(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 himself, as well as 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 in a planned training program as set forth in Subsection 58-55-302(3)(e)(i) may be supervised as a fourth year apprentice in the fifth and sixth year of apprenticeship; however, in the seventh and succeeding years of apprenticeship, he shall be under immediate supervision as set forth in Subsection 58-55-302(3)(g)(i).

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

(4) For the purposes of Subsections 58-55-102(24), 58-55-501(17) and 58-55-302(3)(g), apprentices and the licensed electricians responsible for their supervision shall be employees of the same contractor, or the employers of the supervising employees shall have a contractual responsibility for the performance of both the supervised and supervising employees. Employees of licensed [employee leasing companies]professional employer organizations who provide workers under a contract with an electrical contractor shall be considered to be the employees of the electrical contractor for the purposes of this rule.

 

R156-55b-501. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failure of a licensee to carry a copy of their current license at all times when performing electrical work; and

(2) failure of an electrical contractor to certify an apprentice's hours and breakdown of work experience by category when requested by an apprentice that is or has been an employee.

 

KEY: occupational licensing, licensing, contractors, electricians[*]

[April 30, 2001]2004

Notice of Continuation January 7, 2002

58-1-106(1)(a)

58-1-202(1)(a)

58-55-308(1)