No. 35014 (Amendment): Rule R156-55b. Electricians Licensing Rule

(Amendment)

DAR File No.: 35014
Filed: 07/07/2011 01:12:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division, Electricians Licensing Board, and Construction Services Commission reviewed the rule and determined that proposed rule amendments should be filed to: 1) change the procedure so that an applicant shall first apply to take the examination and then, once approved, may apply for licensure; 2) clarify continuing education requirements for testing for distance learning courses; 3) delete a continuing education cutoff date that is no longer needed; and 4) make additional technical changes.

Summary of the rule or change:

Updated the title of rule. In Subsection R156-55b-102(2), minor wording changes are made. In Section R156-55b-302c, the proposed amendments are being made to accommodate a more efficient procedure for handling applications for both the Division and the applicant. Under current Division procedures, an applicant first submits an application for licensure and, then if approved to test and the applicant passes within six months of the approval date, the license is granted; otherwise, the license is denied. The new, proposed procedure will allow an applicant to first apply for permission to sit for the exam on an indefinite basis. When the applicant subsequently passes the examination, the applicant may then apply for licensure. This revised process eliminates the Division holding applications in pending status for as along as six months and the applicant needing to reapply after those six months have elapsed if the applicant does not pass the examination. The proposed amendments also require the applicant to answer the qualifying questionnaire at the date of the application for licensure to assure that unlawful or unprofessional conduct has not occurred in the interim between the testing period and application for licensure. In Subsection R156-55b-304(6)(g), the amendments clarify that test questions for all distance learning must be randomized. This new requirement helps prevent a person from simply buying an answer sheet through the Internet. Subsection R156-55b-304(10) is being deleted as it is unnecessary due to requirements in other sections. The remaining subsections are renumbered.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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 apply to licensed electricians and applicants for licensure in those classifications as well as continuing education providers. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply to licensed electricians and applicants for licensure in those classifications. Some of the proposed amendments also apply to continuing education providers, which may qualify as a small business. The continuing education providers may have a slight cost increase in preparing randomized questions for distance learning courses. However, the Division is not able to determine an amount of the cost increase due to varying circumstances with the continuing education providers. Also, 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 apply to licensed electricians and applicants for licensure in those classifications. Some of the proposed amendments also apply to continuing education providers. The continuing education providers may have a slight cost increase in preparing randomized questions for distance learning courses. However, the Division is not able to determine an amount of the cost increase due to varying circumstances with the continuing education providers. It is also determined that some applicants, who have not passed an examination within the first six months, will recognize a savings of a $110 application fee by not being required to reapply for permission to take the examination again. The Division is not able to determine how many applicants this may apply to as it is unknown how many applicants will not pass the required examinations within the first six months.

Compliance costs for affected persons:

The proposed amendments apply to licensed electricians and applicants for licensure in those classifications. Some of the proposed amendments also apply to continuing education providers. The continuing education providers may have a slight cost increase in preparing randomized questions for distance learning courses. However, the Division is not able to determine an amount of the cost increase due to varying circumstances with the continuing education providers. It is also determined that some applicants, who have not passed an examination within the first six months, will recognize a savings of a $110 application fee by not being required to reapply for permission to take the examination again. The Division is not able to determine how many applicants this may apply to as it is unknown how many applicants will not pass the required examinations within the first six months.

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

No fiscal impact to businesses is anticipated beyond those stated in the rule summary (slight savings to some new applicants due to being allowed to apply for licensure after passing the examination, and slight cost to continuing education providers from creating a system to provide random test questions.)

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 [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:

08/31/2011

Interested persons may attend a public hearing regarding this rule:

• 08/31/2011 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:

09/07/2011

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55b. Electricians Licensing Act Rule.

R156-55b-101. Title.

This rule is known as the "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. 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]are physically present on the same project or jobsite but are not required to be within sight of one another.

(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.

(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.

 

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]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.

(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 [may not retake any part of the examination more than two times and] shall wait at least 25 days between the first two retakes and thereafter shall wait 120 days between retakes.[

(c) If an applicant does not pass any failed part of the examination upon the second retake or within six months of initially being approved to test, whichever occurs first, 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-304. Continuing Education.

(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]through internet or [through] home study courses provided that the course verifies registration and participation in the course by means of a passing a test [which demonstrates]demonstrating 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]11) 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]12) 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.

 

KEY: occupational licensing, licensing, contractors, electricians

Date of Enactment or Last Substantive Amendment: [November 22, 2010]2011

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)

 

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