2004 Legislation
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HOUSE BILL NO. 672 – Electrical contractr/journeyman/NEC

HOUSE BILL NO. 672

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Bill Status



H0672...........................................................by BUSINESS
ELECTRICAL CONTRACTORS/JOURNEYMEN - Amends existing law relating to
electrical contractors and journeymen to provide the scope of the chapter;
to provide exemptions from the provisions of the chapter; to provide
exemptions from licensure; to delete references to a repealed law; to
revise definitions; and to delete the code section providing exemptions.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Bus

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 672
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTRICAL CONTRACTORS AND JOURNEYMEN; AMENDING  SECTION  54-1001,
  3        IDAHO  CODE, TO PROVIDE THE SCOPE OF THE CHAPTER AND TO PROVIDE EXEMPTIONS
  4        FROM THE PROVISIONS OF THE CHAPTER; AMENDING SECTION 54-1002, IDAHO  CODE,
  5        TO  PROVIDE  EXEMPTIONS  FROM  LICENSURE; AMENDING SECTION 54-1003A, IDAHO
  6        CODE, TO DELETE REFERENCES TO A REPEALED LAW, TO DELETE THE DEFINITION  OF
  7        "MAINTENANCE   ELECTRICIAN,"   AND  TO  DEFINE  "ELECTRICAL  MAINTENANCE,"
  8        "ELECTRIC UTILITY" AND "OTHER TERMS NOT DEFINED";  AND  REPEALING  SECTION
  9        54-1016, IDAHO CODE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 54-1001, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        54-1001.  DECLARATION OF POLICY --  SCOPE  --  EXEMPTIONS.  (1)  From  and
 14    after  the  taking effect of this act, all installations in the state of Idaho
 15    of wires and equipment to convey electric current and installations of appara-
 16    tus to be operated by such current, except as hereinafter  provided  specified
 17    herein,  shall  be  made  substantially in accord with the National Electrical
 18    Code, of 1971, as approved by the American Standards  Institute,  relating  to
 19    such  work as far as the same cover both fire and personal injury hazards, and
 20    as the National Electrical Code shall be amended, revised, compiled  and  pub-
 21    lished  from  time  to time and as such amendments or revisions are adopted by
 22    the Idaho electrical board.
 23        (2)  This chapter applies to  the  installation  of  electric  conductors,
 24    electric equipment, signaling and communications conductors and equipment, and
 25    fiber optic cables and raceways for the following:
 26        (a)  Public  and private premises, including buildings, structures, mobile
 27        homes, recreational vehicles and floating buildings.
 28        (b)  Yards, lots, parking lots, carnivals and industrial substations.
 29        (c)  Installation of conductors that connect to the supply of electricity.
 30        (d)  Installations used by the electrical utility, such as  office  build-
 31        ings,  warehouses, garages, machine shops and recreational buildings, that
 32        are not an integral part of a generating plant, substation or control cen-
 33        ter.
 34        (3)  The following are exempt from the provisions of this chapter:
 35        (a)  Installations in ships, watercraft  other  than  floating  buildings,
 36        railway  rolling  stock, aircraft or automotive vehicles other than mobile
 37        homes and recreational vehicles.
 38        (b)  Installations underground in mines and self-propelled mobile  surface
 39        mining machinery and its attendant electrical trailing cable.
 40        (c)  Installation of railways for generation, transformation, transmission
 41        or  distribution  of power used exclusively for operation of rolling stock
 42        or installations used exclusively for  signaling  and  communication  pur-
 43        poses.
                                                                        
                                           2
                                                                        
  1        (d)  Installation  of communications equipment under the exclusive control
  2        of communications utilities located outdoors or in  building  spaces  used
  3        exclusively for such installations.
  4        (e)  Installations  under  the  exclusive  control  of an electric utility
  5        where such installations:
  6             (i)   Consist of service drops or service  laterals,  and  associated
  7             metering; or
  8             (ii)  Are located in legally established easements, rights-of-way, or
  9             by other agreements either designated by or recognized by public ser-
 10             vice  commissions,  utility  commissions or other regulatory agencies
 11             having jurisdiction for such installation; or
 12             (iii) Are on property owned or leased by the electric utility for the
 13             purpose of communications, metering, generation, control, transforma-
 14             tion, transmission or distribution of electric energy.
                                                                        
 15        SECTION 2.  That Section 54-1002, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        54-1002.  LICENSE  ESSENTIAL  TO ENGAGE IN BUSINESS -- LICENSURE AUTHORITY
 18    EXCLUSIVE TO THE STATE -- LICENSURE EXEMPTIONS. (1) It shall be  unlawful  for
 19    any person, partnership, company, firm, association or corporation, to act, or
 20    attempt  to  act, as an electrical contractor or special electrical contractor
 21    in this state until such person, partnership, company,  firm,  association  or
 22    corporation,  shall  have  received  a license as an electrical contractor, as
 23    herein defined, issued pursuant to the  provisions  of  this  chapter  by  the
 24    administrator of the division of building safety.
 25        (2)  It  shall  be unlawful for any person to act as a journeyman electri-
 26    cian in this state until such person shall have received a license as a  jour-
 27    neyman  electrician,  as  herein defined, issued pursuant to the provisions of
 28    this act, by the administrator of the division of building  safety,  provided,
 29    however,  that  any  person who has been issued a master electrician's license
 30    pursuant to this chapter may act as a journeyman electrician.
 31        (3)  It shall be unlawful for any person to act as a specialty electrician
 32    in this state until such person shall have received a license as  a  specialty
 33    electrician, as herein defined, issued pursuant to the provisions of this act,
 34    by  the  administrator  of  the division of building safety, provided however,
 35    that any person who has been issued a master electrician's license or a  jour-
 36    neyman electrician's license pursuant to this act may act as a specialty elec-
 37    trician.
 38        (4)  Licensure  of electrical contractors, journeyman electricians, master
 39    electricians, specialty electricians,  specialty  electrical  contractors  and
 40    registration  of  apprentice electricians shall be within the exclusive juris-
 41    diction of the state pursuant to this chapter and no local jurisdiction  shall
 42    have  the  authority  to require additional licensure or to require payment of
 43    any fees in order for any licensee to engage in  the  electrical  construction
 44    trade  within  the local jurisdiction or to issue licenses to persons licensed
 45    under this chapter which are inconsistent with the provisions of this  chapter
 46    or  rules  promulgated  by  the  division  of building safety. The state shall
 47    investigate all local infractions and state violations  of  this  chapter  and
 48    prosecute  the same. The local jurisdictions will assist the state by request-
 49    ing investigations within their jurisdictions. Nothing in this  chapter  shall
 50    restrict a city or county from imposing stricter public safety rules, notwith-
 51    standing any provision of Idaho Code.
 52        (5)  The  licensing provisions of this chapter shall not apply to the fol-
 53    lowing:
                                                                        
                                           3
                                                                        
  1        (a)  Natural persons making electrical installations on their own  single-
  2        family residential property which the owner occupies or will occupy; or
  3        (b)  Regularly  employed electrical maintenance personnel performing elec-
  4        trical maintenance on existing installations  on  the  premises  of  their
  5        employer.
                                                                        
  6        SECTION  3.  That Section 54-1003A, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        54-1003A.  DEFINITIONS. (1) Electrical Contractor. Except as  provided  in
  9    section 54-1016, Idaho Code exempted by this chapter, any person, partnership,
 10    company, firm, association or corporation engaging in, conducting, or carrying
 11    on  the business of installing wires or equipment to carry electric current or
 12    installing apparatus to be operated by such current, or entering  into  agree-
 13    ments  to install such wires, equipment or apparatus, shall for the purpose of
 14    this act be known as an electrical contractor.
 15        (2)  Journeyman Electrician. Except as provided in section 54-1016,  Idaho
 16    Code,  and  subsections (3), (4), (5) and (6) of this section exempted by this
 17    chapter, any person who personally performs or supervises the actual  physical
 18    work of installing electric wiring or equipment to convey electric current, or
 19    apparatus  to be operated by such current, shall, for the purpose of this act,
 20    be known as a journeyman electrician.
 21        (3)  Apprentice Electrician. Any person who, for the purpose  of  learning
 22    the  trade  of journeyman electrician, engages in the installation of electric
 23    wiring, equipment, or apparatus while under the constant  on-the-job  supervi-
 24    sion of a qualified journeyman electrician shall, for the purpose of this act,
 25    be known as an apprentice electrician.
 26        (4)  Electrical  Maintenance.  Electrician.  Any  person  who is regularly
 27    employed to service, maintain or repair electrical apparatus, or to make minor
 28    repairs or alterations to existing electrical wires or  equipment  located  on
 29    his  employer's  premises  shall,  for  the purpose of this act, be known as a
 30    maintenance electrician Maintenance, repair or service of existing  electrical
 31    wires  or  apparatus  and replacement of electrical components or devices with
 32    like components or devices shall be known as electrical  maintenance  for  the
 33    purposes of this chapter.
 34        (5)  Master  Electrician.  A  person who has the necessary qualifications,
 35    training, experience and technical knowledge to plan,  layout  or  design  the
 36    installation of electrical wiring or equipment, or to supervise such planning,
 37    layout,  or  design,  and  who performs or supervises such planning, layout or
 38    design, shall, for the purpose of this act, be known as a master electrician.
 39        (6)  Specialty Electrician. A person having the necessary  qualifications,
 40    training,  experience  and  technical  knowledge to install, alter, repair and
 41    supervise the installing, altering or repairing of special classes of electri-
 42    cal wiring, apparatus or equipment within categories  adopted  by  the  board.
 43    Specialty  electricians  shall  perform work only within the scope of the spe-
 44    cialty category for which the person is licensed.
 45        (7)  Specialty  Electrical  Contractor.  Except  as  provided  in  section
 46    54-1016, Idaho Code exempted by this chapter, any  person,  partnership,  com-
 47    pany,  firm, association or corporation engaging in, conducting or carrying on
 48    the business of installing, altering or repairing special classes of  electri-
 49    cal  wiring,  apparatus or equipment within categories adopted by the board or
 50    entering into agreements to perform such specialty work, shall for the purpose
 51    of this act be known as a specialty electrical contractor.  Specialty electri-
 52    cal contractors shall perform work only within the scope of the specialty cat-
 53    egory for which the contractor is licensed.
                                                                        
                                           4
                                                                        
  1        (8)  Specialty Electrical Trainee. Any person  who,  for  the  purpose  of
  2    learning  the trade of a specialty electrician, engages in the installation of
  3    electrical wiring, equipment or apparatus while under the constant  on-the-job
  4    supervision  of  a  qualified  specialty electrician shall, for the purpose of
  5    this act, be known as a specialty electrical trainee.
  6        (9)  Electric Utility. Any public  utility,  municipality  or  cooperative
  7    that provides electrical power to the consumer and maintains exclusive control
  8    over the equipment and lines necessary to provide that service.
  9        (10) Other Terms Not Defined. The current edition of the National Electri-
 10    cal  Code  as  adopted  by the Idaho state electrical board shall be used as a
 11    reference for definition of terms not specifically defined in this chapter.
                                                                        
 12        SECTION 4.  That Section 54-1016, Idaho Code, be, and the same  is  hereby
 13    repealed.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 13871
                                
This legislation brings Idaho statutes into compliance with the
current National Electrical Code adopted by the Idaho Electrical
Board.  The requested changes to language in 54-1001 (1974) reflect
the technical growth of the industry.  Changes identify current
electrical applications covered by the National Electrical Code as
well as exempting those installations covered in codes other than
the National Electrical Code.  The legislation provides for
licensing exemptions for maintenance electricians as well as owner
residential property.  It aligns the definitions with the current
National Electrical Code and deletes 54-1016 (1961) by including
data in requested changes.
                                   
                          FISCAL NOTE
There is no impact to the General Fund or the Division of Building
Safety Fund.
     
     
          


Contact:  Bob Corbell    870-5817
          Jeff Cates     322-4744
          

STATEMENT OF PURPOSE/FISCAL NOTE                     H 672