2014 -- H 7006

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LC003092

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS

     Introduced By: Representatives Lombardi, O`Neill, Canario, Costa, and Giarrusso

     Date Introduced: January 08, 2014

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-6-1, 5-6-2, 5-6-8, 5-6-10, 5-6-10.1, 5-6-13, 5-6-19, 5-6-24 and 5-

6-32 of the General Laws in Chapter 5-6 entitled "Electricians" are hereby amended to read as

follows:

     5-6-1. Definitions. -- For purposes of this chapter:

      (1) "Electrical contractor" means a corporation, firm or person, who, by the employment

of journeypersons, performs the work of installing and maintaining wires, conduits, apparatus,

fixtures, and other appliances for carrying or using electricity for light, heat or power purposes

exclusive of low voltage wiring for heating or refrigeration equipment for service, maintenance,

and installation.

      (2) "Electrical sign contractor" means a corporation, firm, or person who, by the

employment of electrical sign installers, performs the work of installing, altering, and servicing

electrical signs.

      (3) "Electrical sign installer" means a person engaged in installing, altering, and

servicing electrical signs.

      (4) "Fire alarm contractor" means a corporation, firm, or person who, by the employment

of fire alarm installers, performs the work of installing, altering and servicing and testing of fire

alarm systems in accordance with the Rhode Island Fire Safety Code, chapters 28.1 -- 28.39 of

title 23.

      (5) "Fire alarm installation" means the installation or alteration of a fire alarm system

according to the Rhode Island Fire Safety Code.

      (6) "Fire alarm installer" means a person engaged in installing, altering, or servicing and

testing of a fire alarm system used for the purpose of causing an alarm to be sounded in case of

fire.

      (7) "Journeyperson electrician" means a person doing any work of installing wires,

conduits, apparatus, fixtures, and other appliances.

      (8) "Lightning protection contractor" means a corporation, firm or person, who by

employment of lightning protection installers, performs the work of installing, altering,

maintaining, lightning protection systems. The "systems" are defined and should be installed in

accordance with NFPA 780 current edition, and all referenced NFPA documents.

      (9) "Lightning protection installer" means a person engaged in the installation, service or

maintenance of a lightning protection system according to NFPA 780 current edition.

      (10) "Oil burner contractor" means a corporation, firm, or person, who by the

employment of oil burnerpersons performs the work of installing and servicing oil and domestic

automatic coal burning heating equipment, including central heating plants, and domestic type

range burners, and including all accessory equipment and control systems, excluding

thermostatic, mechanical, and low voltage wiring on heating, ventilating and air conditioning

equipment.

      (11) "Oil burnerperson" means a person doing any work or installing or servicing oil

burners and other equipment installed and serviced by an oil burner contractor.

     5-6-2. Work for which license required. -- (a) (1) No person, firm, or corporation shall

enter into, engage in, solicit, advertise, bid for, or work at the business of installing wires,

conduits, apparatus, fixtures, electrical signs, lightning protection equipment as defined in section

5-6-1, and other appliances and maintenance work for carrying or using or generating electricity

for light, heat, fire alarms, as defined in chapter 28.25 of title 23, entitled "Fire Alarm Systems",

or power purposes, exclusive of low voltage wiring for heating/refrigeration equipment, or work

at the business of removing and reattaching existing electrical meters, unless that person, firm, or

corporation shall have received a license and a certificate for the business, issued by the state

board of examiners of electricians of the division of professional regulation of the department of

labor and training in accordance with the provisions set forth in this chapter.

      (2) That person shall carry this license on his or her person at all times while so engaged,

and shall affix his or her contractor's license number to any advertisement and/or contract he or

she executes and/or to any bid he or she files with any consumer for his or her professional

services and to any applicable permit required for the performance of those services.

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      (b) Any person, firm or corporation which is required to apply for a permit from a local

building official for any work required to be performed by a person licensed under the provisions

of this chapter shall cause the work to be performed by a person licensed under the provisions of

this chapter; provided, that the provisions of this section, except the provision regarding removing

and reattaching existing electrical meters, shall not apply to owner-occupied single family homes.

     5-6-8. Contractor's certificates/licenses. -- (a) Electrical contractor's license. -

Certificate A shall be issued to any person, firm or corporation, qualified under this chapter,

engaging in, or about to engage in, the business of installing and maintaining electrical wires,

conduits, apparatus, fixtures, fire alarm and safety communication systems and other electrical

appliances, excluding low voltage wiring for heating, ventilating and air conditioning equipment.

The certificate shall specify the name of the person, firm, or corporation applying and the name of

the person, who in the case of a firm is one of its members, and in the case of a corporation, one

of its officers, passing the examination, by which he or she or it is authorized to enter upon or

engage in business as prescribed in the certificate. The holding of a Certificate A does not entitle

the holder individually to engage in or perform the actual work of installing electric wires,

conduits, and appliances as previously described in this chapter, but entitles him or her to conduct

business as an electrical contractor.

      (b) Oil burner contractor's license. - A Certificate E shall be issued to any person, firm,

or corporation qualified under this chapter, and engaged in, or about to engage in, the business of

an oil burner contractor, as defined in section 5-6-1. The certificate shall specify the name of the

person, firm, or corporation applying and the name of the person who, in the case of a firm is one

of its members, and in the case of a corporation one of its officers, passing the examination, by

which he or she or it is authorized to enter upon or engage in business as prescribed in the

certificate. The holding of a Certificate E does not entitle the holder individually to engage in or

perform any work on, or in connection with electric wires, conduits, and appliances as previously

described in this chapter, but entitles the holder to contract to do that work to the extent permitted

in this chapter, through the employment of oil burnerpersons holding a Certificate F. An oil

burner contractor who is the holder of a Certificate A is not required to obtain a Certificate E.

      (c) Fire alarm contractor's license. - A Certificate AF shall be issued to any person, firm,

or corporation qualified under this chapter, and engaged in or about to engage in the business of a

fire alarm contractor, as defined in section 5-6-1. The certificate shall specify the name of the

person, firm, or corporation applying and the person who, in the case of a firm is one of its

members, and in the case of a corporation one of its officers, passing the examination, by which

he or she or it is authorized to enter upon or engage in business as prescribed in the certificate.

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The holding of a Certificate AF does not entitle the holder individually to engage in or perform

and work on, or in connection with, electric wires, fire alarm wires, conduits, and appliances as

previously described in this chapter, but entitles the holder to contract to do that work to the

extent permitted in this chapter through the employment of fire alarm installers holding a

Certificate BF. A contractor who is the holder of a Certificate A is not required to obtain a

Certificate BF.

      (d) Electrical sign contractor's license. - A Certificate SCF shall be issued to any person,

firm, or corporation qualified under this chapter, and engaged in or about to engage in the

business of electrical sign installations, as defined in section 5-6-1.

      (e) Lightning protection contractor. - A Certificate LPC shall be issued to any person,

firm or corporation qualified under this chapter and engaged in or about to engage in the business

of lightning protection contractor, as defined in section 5-6-1. The Certificate LPC shall specify

the name of the person, firm or corporation applying and the person who in the case of a firm, is

one of its members, and in the case of a corporation, one of its officers, passing the examination

by, which he or she or it is authorized to enter upon or engage in business as prescribed in the

certificate. The holding of a Certificate LPC does not entitle the holder individually to engage in

or perform and work on, or in connection with the installation of lightning protection equipment

as defined in section 5-6-1, unless that individual also holds a Certificate LPI, but entitles the

holder to contract to do that work to the extent permitted in this chapter through the employment

of lightning protection installers holding a Certificate LPI.

     5-6-10. Limited premises certificate/license. -- A Certificate C shall be issued to the

department of transportation, state airport corporation and manufacturing and industrial firms that

regularly employ one or more Class B or Class M electricians for installation and when the work

performed by those individuals is limited to maintenance and repair of electrical wiring, devices,

appliances, and equipment on the premises owned or occupied by the applicant. The application

must be made by a responsible officer of the firm and contains a description of the premises

within which work is to be done under the permit. All work must meet electrical and municipal

codes and must be permitted accordingly by the municipality.

     5-6-10.1. Limited maintenance license. -- A Certificate D shall be issued to

municipalities, schools, hospitals, colleges, or other non-manufacturing firms or establishments

who regularly employ one or more licensed electricians (journeyperson/Class B or Class M)

when the work performed by those individuals is limited to the maintenance of electrical wiring,

devices, appliances, and equipment on the premises owned or occupied by the applicant. The

applicant must contain a description of the premises within which work is to be done under the

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permit. All work must meet electrical and municipal codes and must be permitted accordingly by

the municipality.

     5-6-13. Journeyperson and burnerperson restricted to work as employee of licensee.

-- (a) Except as provided in section 5-6-14, a holder of a Certificate B is not entitled to do any

work of installing wires, conduits, apparatus, fixtures, or other appliances, or maintenance work

for carrying or using electricity for light, heat, or power purposes except as an employee of a

holder of a Certificate A, of a Certificate C, or a Certificate D, or unless the holder of a Certificate

B is also registered as an electrical contractor and holds a certificate.

      (b) A holder of a Certificate F is not entitled to do any work on electric wiring, conduits,

apparatus, fixtures, or other appliances for carrying or using electricity for light, heat, or power

purposes, except as an employee of a holder of a Certificate E or A unless the holder of a

Certificate F is also registered as an oil burner contractor and holds a Certificate E.

      (c) A holder of a Certificate AF is limited to fire alarm, fixtures, equipment for fire alarm

purposes only, and life safety equipment only unless the holder of a Certificate AF also holds a

Certificate BF.

      (d) A holder of a Certificate SCF is limited to electrical sign contracting only. A

Certificate CF is required for the actual installation of the electrical sign.

      (e) A holder of a Certificate LPC is limited to lightning protection contracting only. A

Certificate LPI is required for the actual installation of the lightning protection system.

     5-6-19. Display of licenses. -- (a) Holders of Licenses B, F, BF, CF, M, A, E, AF, SCF,

LPC, and LPI shall be furnished by the division of professional regulation with evidence of

having been licensed in card form or otherwise, which shall be carried on the person of the

licensee and exhibited on request.

      (b) Any sign, listing, or advertisement of any type of a holder of those licenses shall

contain the holder's name, address, and license number; provided, only those persons, firms, or

corporations who are holders of a Class A license shall be permitted to advertise for the

employment of journeyperson or electrical apprentices.

     5-6-24. Apprentices -- Registration fee. -- (a) This chapter does not forbid the

employment of one properly limited registered apprentice electrician working with and under the

direct personal supervision of a licensed journeyperson electrician. Additionally, this chapter does

not forbid the employment of: (1) one properly registered apprentice oil burnerperson working

with and under the direct personal supervision of a licensed oil burnerperson; (2) one properly

registered apprentice fire alarm installer working with and under the direct personal supervision

of a licensed fire alarm installer; or (3) two (2) properly registered apprentice electrical sign

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installer working with and under the direct personal supervision of a licensed electrical sign

installer; (4) one properly registered apprentice maintenance electrician working with and under

the direct personal supervision of a valid Class C or Class D license holder; or (5) one properly

registered apprentice lightning protection installer working with and under the direct personal

supervision of a licensed lightning protection installer (LPI). Apprentices are required to register

with the division of professional regulation initially upon payment of a fee of twenty dollars

($20.00) per year. Apprentices are required to register with the division of professional regulation

immediately upon employment with a properly licensed electrical contractor or lightning

protection contractor.

      (b) Indentured apprentice electricians are required to work a minimum of eight thousand

(8,000) hours over a period of time of not less than four (4) years and successfully complete one

hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

program approved by the Rhode Island department of labor and training, to qualify for the

journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

by the board of regents for elementary and secondary education and approved by the Rhode

Island department of labor and training apprenticeship council. Provided, that the test applicant

has possessed for at least four (4) years prior to the filing of the application a certificate of

registration in full force and effect from the department of labor and training of Rhode Island

specifying the person as an indentured apprentice, and the application of an applicant is

accompanied by an affidavit or affidavits of his or her employer or former employers or other

reasonably satisfactory evidence showing that the applicant has been actually engaged in

electrical work as an apprentice in Rhode Island during those four (4) years, or the application is

accompanied by an affidavit or other reasonably satisfactory evidence showing that the applicant

has successfully completed a course of study in a recognized college or university and has

pursued a course of electrical technology for at least two (2) academic years or is the recipient of

an associate degree in electrical technology, and has thereafter been indentured by the department

of labor and training as an apprentice for at least two (2) years and employed as an indentured

apprentice by a duly licensed electrician master in this state for a period of two (2) years, or a

showing that the applicant possesses a certificate of license issued under the laws of another state

based on training equal to that required by the state of Rhode Island. Limited registered

apprentice electricians shall be required to work a minimum of four thousand (4,000) hours over a

period of time of not less than two (2) years.

      (c) Indentured apprentice maintenance electricians are required to work a minimum of

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six thousand (6,000) hours over a period of time of not less than three (3) years and successfully

complete a one hundred forty-four (144) hours of related instruction per year in an indentured

apprenticeship program approved by the Rhode Island department of labor and training, to qualify

for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

possessed for at least three (3) years prior to the filing of the application a certificate of

registration in full force and effect from the department of labor and training of Rhode Island

specifying the person as an indentured apprentice, and the application of an applicant is

accompanied by an affidavit or affidavits of his or her employer or former employers or other

reasonably satisfactory evidence showing that the applicant has been actually engaged in

electrical work as an apprentice in Rhode Island during those three (3) years. Class M

journeyperson electricians may qualify to take the journeyperson "B" electrician examination

upon registering as a fourth year apprentice and becoming employed by a properly licensed Class

A electrical contractor for that period of time.

      (d) Apprentice lightning protection installers are required to work a minimum of four

thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

lightning protection installer (LPI) examination. Provided, that the test applicant has possessed

for at least two (2) years prior to the filing of the application a certificate of registration in full

force and effect from the department of labor and training of Rhode Island specifying the person

as an apprentice lightning protection installer, and the application of an applicant is accompanied

by an affidavit or affidavits of his or her employer or former employers or other reasonably

satisfactory evidence showing that the applicant has been actually engaged in lightning protection

work as an apprentice during those two (2) years.

     5-6-32. Authority of director to assess penalty. -- (a) The director may assess an

administrative penalty on any person, firm, or corporation for any violation of the provisions of

this chapter, after notice and a hearing, before and upon the recommendation of the board of

examiners of electricians in the amount of five hundred dollars ($500) for the first violation and

nine hundred fifty dollars ($950) for a subsequent violation. All funds collected by the labor and

training department under this section shall be placed in the restricted receipts account created

pursuant to section 28-22-1.1. This section is in addition to any other action provided by law for

violations of this chapter.

      (b) The chief of the section shall act as an investigator with respect to the enforcement of

all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

complaint is made by the chief of the section to the director of the department of labor and

training or his or her designee that the provisions of this chapter are being violated, the director of

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the department of labor and training or his or her designee may shall issue an order to cease and

desist from that violation and may impose the above penalties against the violator and against the

contractor.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - ELECTRICIANS

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     This act would include the maintenance of certain electrical components within the

purview of this chapter.

     This act would take effect upon passage.

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