An Act To Amend the Electricians' Examining Board Licensing Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation removes an unnecessary statutory barrier that currently prevents individuals who are licensed as electricians in other jurisdictions from obtaining comparable licenses from the Electricians' Examining Board; and
Whereas, this legislation encourages qualified professionals to move to the State and contribute positively to the state economy; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 30-A MRSA §4173, sub-§5, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
Sec. 2. 32 MRSA §1101, as amended by PL 2011, c. 286, Pt. F, §§1 to 4; c. 290, §§1 and 2; c. 406, §1; c. 491, §14; and c. 650, §1, is further amended to read:
§ 1101. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
The Electricians' Examining Board and the municipal electrical inspector of the municipality in which the installation is to be made, if the municipality has an inspector, must be notified of all installation projects entered into pursuant to this subsection prior to the commencement of the project. There must be an inspection by a state electrical inspector or by the municipal electrical inspector of the municipality in which the installation has been made, if the municipality has an inspector, before any wiring on the project is concealed.
Sec. 3. 32 MRSA §1102, sub-§1-A, ¶B, as enacted by PL 2011, c. 290, §3, is amended to read:
Sec. 4. 32 MRSA §1102, sub-§1-B, as enacted by PL 2011, c. 290, §4, is amended to read:
Sec. 5. 32 MRSA §1102-B, as amended by PL 2011, c. 286, Pt. B, §5 and Pt. F, §§6 to 8 and c. 290, §§7 and 8, is repealed.
Sec. 6. 32 MRSA §§1102-C and 1102-D are enacted to read:
§ 1102-C. Permit; inspection of electrical installations
§ 1102-D. Single-family dwelling exception; certificate required
Sec. 7. 32 MRSA §1103, as amended by PL 2011, c. 420, Pt. M, §1 and affected by §7, is further amended to read:
§ 1103. Municipal licenses not required; municipal permits
A municipality, notwithstanding provisions in charters or ordinances to the contrary, may not require licensed electricians to be municipally licensed, and a municipality may not issue a permit for an electrical installation unless satisfied that the person applying for the permit complies with this chapter.
Sec. 8. 32 MRSA §1104, as amended by PL 2011, c. 559, Pt. A, §34, is further amended to read:
§ 1104. State electrical inspectors
State electrical inspectors have powers throughout the counties of the State similar to those of sheriffs in their respective counties, relating to enforcement of this chapter and rules adopted under this chapter. These powers are limited to the power to conduct investigations, issue citations, serve summonses and order corrections of violations in accordance with specific statutory authority.
The decision of the Superior Court on an appeal as provided is final. An order by a state electrical inspector or an order by the Electricians' Examining Board is final and subject to no further appeal upon failure to file a timely, written appeal therefrom as provided.
Upon the failure of any person to carry out a final order as provided, the Electricians' Examining Board may petition the Superior Court for the county in which the building or premises are located for an injunction to enforce that order. If the court determines upon hearing the petition that a lawful final order was issued, it shall order compliance.
Sec. 9. 32 MRSA §1105, sub-§5, as amended by PL 2007, c. 402, Pt. I, §5, is repealed.
Sec. 10. 32 MRSA §1151, 2nd ¶, as amended by PL 2007, c. 402, Pt. I, §6, is further amended to read:
The 7 members consist board consists of: one master electrician experienced in low-energy electronics; one master electrician who is a bona fide member from organized labor classified as an inside electrician; one master electrician who is employed as a municipal electrical inspector; one master electrician from the education field; and one person master electrician experienced in the any electrical field, all of whom must have at least 10 5 years of experience in the electrical field , except that the latter 3 need not be active electricians at the time of their appointment; and 2 public members as defined in Title 5, section 12004-A.
Sec. 11. 32 MRSA §1152, as amended by PL 2003, c. 204, Pt. C, §1, is repealed.
Sec. 12. 32 MRSA §1153-A, as repealed and replaced by PL 2003, c. 204, Pt. C, §2, is amended to read:
§ 1153-A. Standards; installation
All electrical installations must comply with the National Electrical Code that is adopted by rule by the board. The board shall establish by rule technical standards for the proper installation of electrical equipment. These standards must conform as nearly as practicable to the National Electrical Code, National Fire Protection Association standard #70. The installation of the electrical equipment must also comply with the applicable statutes of the State and all applicable ordinances, orders, rules and regulations of any city or town where the installation is being performed. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13. 32 MRSA §1155-B, sub-§1, ¶A, as enacted by PL 2007, c. 402, Pt. I, §10, is amended to read:
Sec. 14. 32 MRSA §1201, as amended by PL 2011, c. 420, Pt. M, §5 and affected by §7, is further amended to read:
§ 1201. License required
An electrical installation may not be made unless by an electrician or other person licensed by the board except as provided in this chapter.
Sec. 15. 32 MRSA §1201-A, sub-§4, as enacted by PL 2011, c. 286, Pt. F, §12, is amended to read:
Sec. 16. 32 MRSA §1202, as amended by PL 2011, c. 406, §2 and c. 420, Pt. M, §6 and affected by §7 and amended by c. 491, §15, is repealed.
Sec. 17. 32 MRSA §1202-A is enacted to read:
§ 1202-A. Issuance of licenses
An applicant for licensure under this section shall submit an application with the required fee established under section 1203-A. A person licensed under this chapter must produce a copy of the license upon request of the state electrical inspector.
(1) Two helper electricians who are enrolled in, or have completed, a program of study consisting of 576 hours of education as approved by the board or from an accredited institution;
(2) Two apprentice electricians; or
(3) One helper electrician.
(1) Worked at least 8,000 hours in the field of electrical installations as a licensed helper electrician or apprentice electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician or having at least 8,000 hours of work experience in electrical installations, and having completed a program of study consisting of 576 hours as approved by the board or from an accredited institution. The 576 hours must consist of 225 hours of required study, including an approved course of 45 hours in the current National Electrical Code, and 351 hours of elective study that is either composed of all trade-related electives or 225 hours of trade-related courses and 135 hours of degree-related courses;
(2) Graduated from an accredited regional applied technology high school 2-year electrical program, worked at least 8,000 hours in the field of electrical installations as a licensed helper electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician and completed a course of 45 hours in the current National Electrical Code;
(3) Graduated from an accredited community college electrical program or a vocational-electrical program of a state department of corrections and having worked at least 8,000 hours in the field of electrical installations as a licensed helper electrician, under the direct supervision of a master electrician, journeyman electrician or limited electrician, and having completed a course of 45 hours in the current National Electrical Code. Graduates of a community college electrical program or a vocational-electrical program of a state department of corrections are credited 4,000 hours of work experience in electrical installations and are qualified to sit for the examination;
(4) Worked at least 8,000 hours as a licensed apprentice electrician in the field of electrical installations under the direct supervision of a master electrician, journeyman electrician or limited electrician, having completed a program of study comprising at least 576 hours prescribed in an apprenticeship program approved by the board and having completed a course of 45 hours in the current National Electrical Code. A licensed apprentice who has completed an approved apprenticeship program of study and has worked at least 4,000 hours as a licensed apprentice electrician is qualified to sit for the examination; or
(5) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board.
(1) Completed at least 2,000 work hours in the field of electrical installations as a licensed helper electrician under the direct supervision of a master electrician, journeyman electrician or limited electrician; graduated from an accredited community college electrical program or a vocational-electrical program of a state department of corrections; and completed a course of 45 hours in the current National Electrical Code; or
(2) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board.
A master electrician may supervise 2 helper electricians who are enrolled in, or have completed, a program of study consisting of 576 hours of education as approved by the board or from an accredited institution; 2 apprentice electricians; or one helper electrician. Any helper electrician or apprentice electrician must be employed by a master electrician and be under the master electrician's supervision.
A master electrician may supervise an unlimited number of licensed journeyman electricians, journeyman-in-training electricians or limited electricians.
(1) Worked at least 12,000 hours in the field of electrical installations as a licensed helper electrician or apprentice electrician under the direct supervision of a master election, journeyman electrician or limited electrician, or worked at least 4,000 hours in the field of electrical installations as a journeyman electrician or journeyman-in-training electrician under the indirect supervision of a master electrician or limited electrician and having completed a program of study consisting of 576 hours as approved by the board or from an accredited institution. The 576 hours must consist of 450 hours of required study, including a course of 45 hours in the current National Electrical Code and 126 hours of degree-related courses; or
(2) Comparable work experience or education or training, or a combination of work experience, education and training, completed within the State or outside the State, that is acceptable to the board.
A limited electrician may supervise 2 helper electricians who are enrolled in, or have completed, a program of study consisting of 576 hours of education as approved by the board or from an accredited institution; 2 apprentice electricians; or one helper electrician. A limited electrician may supervise helper electricians or apprentice electricians only in the performance of electrical installations authorized by the limited electrician's specific limited license category.
(1) A limited electrician in water pumps must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in water pumps is restricted to performing electrical work between the branch circuit overcurrent device, the water pump and associated controls.
(2) A limited electrician in outdoor signs, including sign lighting, must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. The scope of this license does not include branch circuit wiring.
(3) A limited electrician in gasoline dispensing must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in gasoline dispensers is restricted to performing electrical work between the branch circuit overcurrent device, the dispenser and associated controls.
(4) A limited electrician in traffic signals, including outdoor lighting of traffic signals, must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in traffic signals is restricted to performing electrical work on traffic signals, including outdoor lighting of traffic signals and the traffic signal electrical service.
(5) A limited electrician in house wiring must provide evidence of having completed at least 225 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 4,000 hours of work experience approved by the board in rules. A limited electrician in house wiring is restricted to performing electrical work in one-family dwellings and 2-family dwellings, including manufactured homes.
(6) A limited electrician in refrigeration must provide evidence of having completed at least 270 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 6,000 hours of work experience approved by the board in rules. Graduates of a community college electrical program in refrigeration approved by the board or from an accredited institution are credited with 4,000 hours of work experience upon graduation. A limited electrician in refrigeration is restricted to performing electrical work between the branch circuit overcurrent device, the refrigeration equipment and associated controls.
(7) A limited electrician in low-energy electronics, including fire alarms, must provide evidence of having completed at least 270 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 4,000 hours of work experience approved by the board in rules. A limited electrician in low-energy electronics is restricted to performing electrical work on low-energy electronics as supplied by Class I, II and III limited energy systems, all fire alarm systems and the dedicated branch circuit wiring.
(8) A limited electrician in crane wiring must provide evidence of having completed at least 135 hours of electrical education as approved by the board or from an accredited institution and provide evidence of 2,000 hours of work experience approved by the board in rules. A limited electrician in crane wiring is restricted to the installation of electrical equipment and wiring used in connection with cranes, monorail hoists, hoists and runways.
Sec. 18. 32 MRSA §1206, as enacted by PL 1993, c. 636, §2, is amended to read:
§ 1206. Reciprocity
The board shall issue a license to any person who files a sworn an application, who is licensed under the laws of another state or territory of the United States and who has been licensed and actively engaged in an electrician's work for a minimum of 6 years 8,000 hours, as long as that state or territory has licensing standards and experience requirements at least equivalent to this State's and as long as that state or territory grants similar privileges to persons licensed under this chapter. Reciprocal licenses may not be denied on the basis of current residency.
Notwithstanding other provisions of this section, the board, upon receiving an application for a reciprocal license, may waive the 576 hours of study required for a journeyman or master license pursuant to section 1202 1202-A. The board may require the applicant to submit such written evidence , verified by oath, as it determines necessary to support the application.
Sec. 19. 32 MRSA §1207 is enacted to read:
§ 1207. Electrical installations performed as part of an electrical education or state apprenticeship program
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.