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article three-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections two, three, four, five, seven, eight and ten of said article, be amended and reenacted, all to read as follows: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.