COMMITTEE SUBSTITUTE
for
H. B. 2371
(By Delegates Michael and Mezzatesta)
(Originating in the Committee on Government Organization)
[March 20, 2001]
A BILL 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amended, be repealed; and that sections two, three, four, five,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 therefor issued by the state fire marshal
in accordance with this article, and a copy of such 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 installing wires, conduits, apparatus, equipment,
fixtures and other appliances. 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 or and
employs master electricians, journeyman electricians, apprentice
electricians or helpers other related workers for the construction,
alteration or repair of any electrical wiring, equipment or systems
for the purposes of controlling or furnishing heat, light or power
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 for light, heat or power purposes 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, subject to supervision by a master electrician
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, and 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: (a) (1) A person who performs electrical work with respect to any property owned or leased by such that person; (b)
(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 such the plant or
establishment; (c) (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; (d) (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 (e) (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 four 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 to a person, firm or corporation upon a finding that
such person, firm or corporation the applicant possesses the
qualifications for the class of license to be issued.
(c) The qualifications for each class of license to be issued
are as follows: 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.
1) For a "master electrician license" a person must have five
years of experience in electrical work of such breadth,
independence and quality that such work indicates that the
applicant is competent to perform all types of electrical work and
can direct and instruct journeyman electricians and apprentice
electricians in the performance of electrical work. Such
applicant, or a member of a firm or an officer of a corporation if
the applicant be a firm or corporation, must also pass the master
electrician examination given by the state fire marshal with a
grade of eighty percent correct or better;
(2) For a "journeyman electrician's license," a person must
have at least four years of experience in performing electrical
work under the direction or instruction of a master electrician or
must have completed a formal apprentice program, or an electrical
vocational education program of at least one thousand eighty hours
in length and approved by the state board of education or its
successor, providing actual electrical work experience and training
conducted by one or more master electricians. Such applicant must
also pass the journeyman electrician's examination given by the
state fire marshal with a grade of eighty percent correct or
better;
(3) For an "apprentice electrician license," a person must
pass the apprentice electrician's examination given by the state
fire marshal with a grade of eighty percent correct or better or be
enrolled in an electrical apprentice program approved by the state
fire marshal;
(4) A one time temporary master or journeyman electrician
license of ninety-days duration may be issued to an applicant
providing the applicant has completed a United States department of
labor/bureau of apprenticeship and training registered electrical
apprenticeship program, or an electrical vocational education
program of at least one thousand eighty hours in length and
approved by the state board of education or its successor, and have
at least four years of experience in performing electrical work and
furnishes the state fire marshal with satisfactory evidence of
electrical work;
(5) Other specialty electrician license may be issued by the
state fire marshal which limits the work in a limited area of
expertise. Such applicant must pass the specialty electrician's
examination given by the state fire marshal with a grade of eighty
percent correct or better.
(d) (1) Certificates of license for a master electrician's
license issued by the state fire marshal shall specify the name of
the person, firm or corporation so qualifying and the name of the person, who in the case of a firm shall be one of its members and
in the case of a corporation shall be one of its officers, passing
the master electrician examination.
(2) Licenses issued to electricians shall specify the name of
the person who is thereby authorized to perform electrical work or,
in the case of apprentice electricians, to work with other classes
of electricians to perform electrical work.
(e) No license issued under this article is assignable or
transferable.
(f) All licenses issued by the state fire marshal shall expire
on the thirtieth day of June following the year of issue or
renewal.
(g) (1) Each expiring license may be renewed without need for
examination and without limit as to the number of times renewed,
for the same class of license previously issued and for the same
person, firm or corporation to whom it was originally issued upon
payment to the state fire marshal of a renewal fee of fifty dollars
if such application for renewal and payment of such fee is made
before the date of expiration of the license.
(2) In the case of a failure to renew a license on or before
the thirtieth day of June the person named in the license may, upon
payment of the renewal fee and an additional fee of fifteen
dollars, receive from the state fire marshal a deferred renewal of such license which shall expire on the thirtieth day of June in
the ensuing year. No person, firm or corporation may perform
electrical work upon expiration of such person's, firm's or
corporation's license until a deferred renewal for such license is
issued by the state fire marshal even if such person, firm or
corporation has applied for the deferred renewal of such license.
(d)(h) 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 such 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)(i) 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 promulgate necessary rules
pursuant to 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 shall 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 , if he
considers it necessary, 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.
(c) The state fire marshal shall prepare and arrange for the
giving of examinations to all applicants for licensure. There
shall be a separate and different examination for each class of
license, appropriate in subject matter, difficulty and depth of understanding for each class. All examinations shall be based on
and derived from the national electric code as promulgated from
time to time by the national fire protection association. A
minimum grade of eighty percent correct for all examinations is
necessary for licensure by the state fire marshal. The
examinations shall be given at least four times each year. The
places, dates and times of such examinations shall be made known by
public notice issued by the state fire marshal. The state fire
marshal may contract with the bureau of vocational, technical and
adult education, state department of education, to perform such
examinations.
(d) Each person desiring to take an examination shall make
written application therefor at the time designated by and on forms
prescribed by the state fire marshal. The applicant shall specify
the class of license for which he seeks licensure. The application
shall be accompanied by an examination fee of twenty-five dollars
for licenses for master electrician or journeyman electrician, or
by an examination fee of ten dollars for an apprentice electrician
license applicant or twenty-five dollars for a specialty license.
The fee is not returnable.
(e) An applicant who fails to make the required passing score
on any examination or who lacks qualifications for the class of
license desired may retake the examination or change his application to request a license of a lesser class upon the payment
to the state fire marshal of a fee of ten dollars together with a
new application. Any reexamination may be taken or new application
may be submitted as many times as the applicant desires, but each
such examination or application requires the payment of the
additional fee of ten dollars and the making of a new application
to the state fire marshal. When the examination is successfully
passed and the requisite qualifications are established by the
applicant, the state fire marshal shall issue the appropriate
license as provided above.
§29-3B-7. Denial of license; suspension and revocation of license.
(a) The state fire marshal shall may deny a license to any
applicant who fails to make a passing grade on the examination or
who fails to establish comply with the rules established by the
state fire marshal, or who lacks the necessary qualifications for
a license for the class of license desired.
(b) The state fire marshal may upon complaint or upon his or
her own inquiry and, after notice to the licensee, and hearing as
provided by article five, chapter twenty-nine-a of this code,
suspend or revoke the license of any person who holds a 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) Such person The licensee subscribed or vouched for such a
material misstatement by an applicant;
(3) Such person The licensee incompetently or unsafely
performs electrical work;
(4) Such person 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) Such person 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 more 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 one five hundred dollars nor more than five
hundred dollars. 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 or other moneys received as a result of actions under
this article 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 in administering
this article as provided in subsection(c), section twelve-b,
article three of this chapter.
Email
Webmaster | © 2024 West Virginia Legislature **
