ENROLLED
COMMITTEE SUBSTITUTE
for
H. B. 2371
(By Delegates Michael and Mezzatesta)
[Passed April 12, 2001; in effect ninety days from passage.]
AN ACT to repeal section six, article three-b, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact sections two,
three, four, five, seven, eight and ten of said article, all
relating to the licensing of electricians; permitting
equivalent licensing of certain former residents; authorizing
legislative rules; and increasing fines.
Be it enacted by the Legislature of West Virginia:
That section six, article three-b, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that sections two, three, four, five,
seven, eight and ten of said article, be
amended and reenacted, all
to read as follows:
§29-3B-2. Necessity of license; definitions.
After the effective date of this article, no electrical work
may be performed, offered or engaged in for compensation or hire within the state of West Virginia by any person, firm or
corporation unless such person, firm or corporation possesses a
license and a certificate issued by the state fire marshal in
accordance with this article, and a copy of the license is posted
on any job in which electrical work is being performed for hire.
As used in this article:
(a) "Apprentice electrician" means a person with interest in
and an aptitude for performing electrical work but who alone is not
capable of performing electrical work unless directly supervised by
a higher license classification.
(b) "Electrical contractor" means a person, firm or
corporation who engages in the business of electrical work and
employs master electricians, journeyman electricians, apprentice
electricians or other related workers for the construction,
alteration or repair of any electrical wiring, equipment or systems
as defined in the scope of the national electric code.
(c) "Electrical work" means the installation of wires,
conduits, apparatus, fixtures, other appliances, equipment or
systems for transmitting, carrying, controlling or using
electricity as defined in the scope of the national electric code.
(d) "Journeyman electrician" means a person qualified by at
least four years of electrical work experience to do any work
installing wires, conduits, apparatus, equipment, fixtures and
other appliances, provided that this classification is not
authorized to design electrical systems.
(e) "License" means a valid and current certificate of competency issued by the state fire marshal.
(f) "Master electrician" means a person with at least five
years of electrical work experience, including experience in all
phases of electrical wiring and installation, who is competent to
design electrical systems, and to instruct and supervise the
electrical work of journeyman electricians, apprentice
electricians, and other related workers.
(g) "Specialty electrician" means a person qualified to
perform electrical work in a limited or specialized area.
§29-3B-3. Exemptions; nonapplicability of license requirements;
legislative rules for limited reciprocity.
(a) This article does not apply to and no license may be
required for: (1) A person who performs electrical work with
respect to any property owned or leased by that person; (2) a
person who performs electrical work at any manufacturing plant or
other industrial establishment as an employee of the person, firm
or corporation operating the plant or establishment; (3) a person
who performs electrical work while employed by an employer who
engages in the business of selling appliances at retail, so long as
such electrical work is performed incident to the installation or
repair of appliances sold by the employer; (4) a person who, while
employed by a public utility or its affiliate, performs electrical
work in connection with the furnishing of public utility service;
or (5) any government employee performing electrical work on
government property.
(b)(1) Notwithstanding any other provision of this article to the contrary, a journeyman or master electrician license may be
issued for a person who is a former resident of this state, who
formerly held an electrician's license issued by this state, who
has obtained an equivalent electrician license from another state,
and who returns to this state as a permanent resident, without
requiring the person to meet the application or examination
requirements that would otherwise be imposed on the person by the
requirements of this article when the issuance of the license is
permitted by legislative rules promulgated pursuant to the
provisions of this subsection.
(2) The state fire marshal shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to provide for the licensing of
electricians with equivalent qualifications described in
subdivision (1) of this subsection. Notwithstanding any other
provision of this code to the contrary, the legislative rules
described in this subsection may not be filed as emergency rules.
§29
-3B-4. Licenses; classes of licenses; issuance of licenses by
commissioner; qualifications required for license;
nontransferability and nonassignability of licenses;
expiration of license; renewal; reciprocity.
(a) The following classes of license may be issued by the
state fire marshal: "Master electrician license," "journeyman
electrician license," "apprentice electrician license" and
"temporary electrician license." Additional classes of specialty electrician license may be issued by the state fire marshal.
(b) The state fire marshal shall issue the appropriate class
of license upon a finding that the applicant possesses the
qualifications for the class of license to be issued.
(c) The state fire marshal shall propose rules for legislative
approval regarding qualifications for testing, issuance of
licenses, and renewal in accordance with the provisions of article
three, chapter twenty-nine-a of this code.
(d) To the extent that other jurisdictions provide for the
licensing of electricians, the state fire marshal may grant the
same or equivalent classification of license without written
examination upon satisfactory proof furnished to the state fire
marshal that the qualifications of the applicant are equal to the
qualifications required by this article and upon payment of the
required fee: Provided, That as a condition to reciprocity, the
other jurisdictions must extend to licensed electricians of this
state, the same or equivalent classification.
(e) In addition to any other information required, the
applicant's social security number shall be recorded on any
application for a license submitted pursuant to the provisions of
this section.
§29-3B-5. Rules; applications and examinations; fees.
(a) The state fire marshal shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
this article. Rules adopted by the state fire marshal and presently in effect will remain in effect until and unless the
state fire marshal adopts new rules, and the state fire marshal may
adopt any or all of the rules presently in effect.
(b) The state fire marshal shall prepare and arrange for the
receipt of applications from those who intend to perform electrical
work in the state of West Virginia. Such application shall be
sufficiently detailed to enable the state fire marshal to determine
the presence or absence of an applicant's qualifications for a
license of a particular class. The state fire marshal may require
applicants to supply affidavits or other documents attesting to the
applicant's qualifications from past employers, other electricians,
engineers and others with knowledge of the applicant's
qualifications. The state fire marshal may make such other
inquiries as he or she considers necessary to determine the
qualifications of the applicant. An applicant expressly consents
to such inquiries by the state fire marshal by his or her
application.
§29-3B-7. Denial of license; suspension and revocation of license.
(a) The state fire marshal may deny a license to any applicant
who fails to comply with the rules established by the state fire
marshal, or who lacks the necessary qualifications.
(b) The state fire marshal may upon complaint or upon his or
her own inquiry and, after notice to the licensee, suspend or
revoke a licensee's license if:
(1) The license was granted upon an application or documents
supporting such application which materially misstated the terms of the applicant's qualifications or experience;
(2) The licensee subscribed or vouched for a material
misstatement by an applicant;
(3) The licensee incompetently or unsafely performs electrical
work;
(4) The licensee violated any statute of the state of West
Virginia, any rule lawfully promulgated by an agency of the state
of West Virginia or any ordinance of any municipality or county of
the state of West Virginia which protects the consumer or public
against unfair, unsafe, unlawful or improper business practices; or
(5) The licensee fails to comply with any rule of the state
fire marshal promulgated to fulfill his responsibilities under this
article.
(c) Any person aggrieved by an order or decision of the state
fire marshal under this article is entitled to judicial review as
provided by section eighteen, article three of this chapter and by
chapter twenty-nine-a of this code.
§29-3B-8. Effect of noncompliance with article; failure to obtain
license.
Any person, firm, corporation or employee thereof, or any
representative, member or officer of such firm or corporation,
individually, entering upon or engaging in the business of
performing any electrical work as defined in this article, without
obtaining the required license or otherwise complying with this
article, is for the first offense guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one hundred dollars, nor more than five hundred dollars. For a second and each
subsequent offense, the penalty and punishment is a fine of not
less than five hundred dollars nor more than one thousand dollars.
Each day during which such electrical work is performed
without the required license or while in noncompliance with any of
the provisions of this article, after official notice that such
work is unlawful, is a separate offense.
Any electrical work performed by a person, firm or corporation
which is determined by the state fire marshal to constitute a
safety or health hazard to members of the public or any electrical
work of an extensive nature being performed by any person without
the required license or otherwise in noncompliance with the
requirements of this article or contrary to an order or rule
promulgated lawfully by the state fire marshal, is subject to being
issued a citation or a civil action in the name of the state in the
circuit court of the county where such work is being performed for
an injunction against such person, firm or corporation, enjoining
such work or violation. A circuit court by mandatory or
prohibitory injunction may compel compliance with the provisions of
this article, with the lawful orders of the state fire marshal and
with any final decision of the state fire marshal or state fire
commission. The state fire marshal shall be represented in all
such proceedings by the attorney general or his assistants.
§29-3B-10. Disposition of fees, fines and other receipts.
All fees shall be paid to the state fire marshal. All fines
shall be paid into the general revenue of the state. Such receipts shall be deposited by him in a special account with the state
treasurer for the use of the state fire marshal as provided in
subsection(c), section twelve-b, article three of this chapter.
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