2014 -- S 2406

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LC004866

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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: Senators P Fogarty, Ruggerio, Goodwin, Ciccone, and Lombardi

     Date Introduced: February 27, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-6-1, 5-6-2, 5-6-3, 5-6-7, 5-6-8, 5-6-10, 5-6-10.1, 5-6-11, 5-6-13,

5-6-16, 5-6-19, 5-6-20.1, 5-6-24, 5-6-26 and 5-6-29 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, maintaining, servicing and testing 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, maintaining, 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, maintaining, 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 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 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, maintaining,

servicing and testing wires, conduits, apparatus, fixtures, electrical signs, lightning protection

equipment as defined in section 5-6-1, and other appliances 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.

     5-6-3. Devices and appliances inserted by unlicensed persons. -- Nothing in this

chapter shall be construed to forbid the insertion in electrical circuits, by unlicensed persons, of

devices or appliances such as microwaves, refrigerators, ranges, televisions, etc. that are properly

designed for that insertion and for which proper wire and insertion devices are installed.

     5-6-7. Forms of licenses. -- Thirteen (13) forms of licenses shall be issued:

      (1) The first, subsequently referred to as Certificate A, is known as an "electrical

contractor's license";

      (2) The second, subsequently referred to as Certificate B, is known as a "journeyperson

electrician's license";

      (3) The third, subsequently referred to as Certificate C, is known as a "limited premises

license";

      (4) The fourth, subsequently referred to as Certificate E, is known as an "oil burner

contractor's license";

      (5) The fifth, subsequently referred to as Certificate F, is known as an "oil burnerperson's

license";

      (6) The sixth, subsequently referred to as Certificate AF, is known as a "fire alarm

contractor's license";

      (7) The seventh, subsequently referred to as Certificate BF, is known as a "fire alarm

installer's license";

      (8) The eighth, subsequently referred to as Certificate SCF, is known as "an electrical

sign contractor's license";

      (9) The ninth, subsequently referred to as Certificate CF, is known as "an electrical sign

installer's license";

      (10) The tenth, subsequently referred to as Certificate D, is known as a "limited

maintenance license";

      (11) The eleventh, subsequently referred to as Certificate M shall be known as a "limited

maintenance journeyperson license";

      (12) The twelfth, subsequently referred to as Certificate LPC shall be known as a

"lightning protection contractor's license"; and

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      (13) The thirteenth, subsequently referred to as Certificate LPI shall be known as a

"lightning protection installer's license."

     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, maintaining, servicing and testing

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, maintaining, servicing and testing 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 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 a 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 A 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.

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

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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 B or M journeyperson 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

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

the municipality.

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     5-6-11. Certificate/license of oil burnerperson, fire alarm installer, electrical sign

installers, and lightning protection installer Certificate/license of burnerperson, fire alarm

installer, electrical sign installers, and lightning protection installer .-- (a) Oil burnerperson's

Burnerperson's license. - A Certificate F shall be granted to any person who has passed an

examination before the division of professional regulation. The certificate shall specify the name

of the person authorized to work on, and repair electric wiring and equipment located in or on oil

burners burning fuel oil no heavier than No. 2, and other equipment serviced by oil burner

contractors, to the extent only as is necessary to service, maintain and repair those oil burners and

equipment. The license shall limit the holder of a Certificate F to do work on electric wiring or

equipment located between the meter and on those oil burners and equipment, but in no event to

do any electrical work on oil burners burning No. 3, 4, 5, or 6 fuel oil.

      (b) Fire alarm installer's license. - A Certificate BF shall be granted to any person who

has passed an examination before the division of professional regulation. The certificate shall

specify the name of the person authorized to work on, install, maintain, and test fire alarm

systems.

      (c) Electrical sign installer's license. - A Certificate CF shall be granted to any person

who has passed an examination before the division of professional regulations. The certificate

shall specify the name of the person authorized to install, maintain, work on, and repair electrical

signs.

      (d) Lightning protection installer's license. - A Certificate LPI shall be granted to any

person who has passed an examination before the division of professional regulations. The

certificate shall specify the name of the person authorized to install, maintain, work on, and repair

lightning protection systems as defined in section 5-6-1.

     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, maintaining, servicing and testing wires, 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 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 a burner contractor and holds a Certificate E.

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

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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.

     5-6-16. License fees. -- (a) All licenses issued by the division of professional regulation

for master electricians, all limited license electricians and all journeyperson electricians born in

odd years shall expire on the birthday of the individual qualifying for the license in odd years and

all license of master electricians, all limited license electricians and all journeyperson electricians

born in even years shall expire on the birthday of the individual qualifying for the license in even

years and all licenses may be renewed on or before their expiration date upon payment of the

appropriate biennial renewal fee.

      (b) A fee of two hundred forty dollars ($240) shall be paid by each applicant for an

electrical contractor's license Class A; seventy-two dollars ($72.00) for a journeyperson

electrician's license Class B; two hundred forty dollars ($240) for a limited premises license Class

C; two hundred forty dollars ($240) for an oil a burner contractor's license Class E; seventy-two

dollars ($72.00) for an oil a burnerperson's license Class F; two hundred forty dollars ($240) for a

fire alarm contractor's license Class AF; seventy-two dollars ($72.00) for a fire alarm installer's

license Class BF; two hundred forty dollars ($240) for an electrical sign contractor's license SCF;

seventy-two dollars ($72.00) for a sign installer's license Class CF; and two hundred forty dollars

($240) for a limited maintenance license Class D.

      (c) A fee of two hundred forty dollars ($240) shall be paid by each applicant for a

lightning protection contractor's license Class LPC.

      (d) A fee of seventy-two dollars ($72.00) shall be paid by each applicant for a lightning

protection installer's license LPI.

     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.

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     5-6-20.1. Mandatory continuing education. -- (a) On or before January 1, 1996, the

board of examiners of electricians shall, by regulation, establish a mandatory continuing

education program for all persons licensed under this chapter. The program is designed to ensure

current competency in each licensee's area of certification and/or licensing.

      (b) On and after January 1, 1997, no license under this chapter shall be renewed unless

the licensee demonstrates, in a manner prescribed by the board of examiners of electricians, that

he or she has successfully completed at least fifteen (15) clock hours of continuing education

pursuant to and in compliance with the mandatory continuing education program established

under this section.

      (c) The course of study to be conducted over the fifteen (15) hour clock period shall be

approved by the Rhode Island building commissioner's office board of examiners of electricians.

Course providers may include, but not be limited to, vocational schools, association seminars,

labor training programs, employee training programs and private instructors or inspectors and

must also be approved by the building commissioner's office. Instructors or inspectors shall be

Rhode Island licensed electrical contractors employed by or about to be employed by the

providers and be board approved. Instructors or inspectors must attend a preparation seminar held

by the Rhode Island building commissioner's office to be approved. That course shall be paid for

by individuals attending the course.

      (d) The mandatory continuing education requirement is limited to class A and class B

electricians.

      (e) Out-of-state residents that hold a Rhode Island electrical license are allowed to

submit a fifteen (15) hour continuing education credit from their state if it meets the Rhode Island

requirements and their state recognizes the Rhode Island continuing education certificates;

      (f) Upon completion of the fifteen (15) clock hour course, an approved uniform

certificate of completion shall be issued. Licensees are required to submit this verification of

completion for license renewal. The continuing education credits shall be included in the

currently adopted edition of the National Electrical Code and the Building Officials and Code

Administrators International, Inc. (BOCA) national codes;

      (g) Only those approved instructors actually teaching a fifteen (15) clock hour course

shall be exempt from attending the fifteen (15) hour course.

     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

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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

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

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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

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.

     5-6-26. Compliance with requirements of division or of electric company. -- All

electrical work which is done in cities and towns not having their own rules and requirements

shall be done in accordance with any rules and requirements that are specified by the division of

professional regulation, or subject to its approval, by the public utilities having authority to

supply electricity in the place where the work is done. Any rules made or approved, shall be

based upon some definite the current adopted edition of the "National Electrical Code" with any

changes or additions that are deemed required. Failure of any licensee to do the work in that

manner shall be considered grounds for suspension or revocation of the license, in the discretion

of the division, after notice and a hearing before the board of examiners of electricians, and upon

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recommendation to the director of labor and training.

     5-6-29. Persons and work exempt. -- (a) The provisions of this chapter do not apply to:

      (1) The electrical work and equipment for the generation and primary distribution of

electric current, or the secondary distribution system up to and including the meters, where that

work and equipment is an integral part of the system owned and operated by an electric light and

power company in rendering its authorized service; or to the electrical work and electrical

equipment employed in connection with the manufacture and distribution of gas, where that work

and equipment is an integral part of the system owned and operated by a gas company in

rendering its authorized service.

      (2) The electrical work and equipment employed in connection with the operation of

signals, or the transmission of intelligence, where that work and equipment is an integral part of

the communication system owned and operated by a municipality or by a telegraph or telephone

company, or any community antenna television system (CATV) subject to regulation under title

39 by the division of public utilities or any subcontractor of a CATV system, including the work

of a telephone company of installing, repairing or replacing all wiring on the load side of the last

fused distribution point, and all of the emergency wiring installed, replaced, or repaired by a

telephone company; or any community antenna television system (CATV) subject to regulation

under title 39 by the division of public utilities or any subcontractor of such CATV system.

      (3) The electrical work and equipment in mines, ships, railway rolling stock, or

automotive equipment, or devices subject to the provisions of chapter 33 of title 23.

      (4) Any work involved in the manufacture, test, or repair of electrical equipment in the

manufacturer's plant, but not including any electrical wiring other than that required for testing

purposes.

      (b) This chapter does not apply to installations in suitable laboratories of exposed

electrical wiring for experimental purposes only.

      (c) This chapter does not forbid the installation of electrical work in a single-family or

two-family dwelling on the immediate premises of the dwelling by the owner of the dwelling if

living on, or about to live on, the premises.

      (d) This chapter does not apply to any person who now holds or subsequently may hold a

hoisting engineer's license issued by the state and who excavates for and installs underground

conduits; provided, that hoisting engineers shall be prohibited from installing electrical wiring

and/or making the service connection of any such electrical wires and/or cables. A city, town or

such other authorized official shall issue a building permit to a licensed hoisting engineer for

excavation and installation of such underground conduits upon submission of a completed

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application to the appropriate building official; provided, that a building permit will not be

required if the work is performed for an electric distribution company.

     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

***

     This act would expand and would clarify the type of work that can and must be

performed only by a person who holds an electrical contractor's license. This act would also

change references to an "oil burner contractor" to a "burner contractor".

     This act would take effect upon passage.

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