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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provide exemptions from the provisions of the chapter; to provide exemptions from licensure; to delete references to a repealed law; to revise definitions; and to delete the code section providing exemptions. 02/12 House intro - 1st rdg - to printing 02/13 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN 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IDAHO CODE, 5 TO PROVIDE EXEMPTIONS FROM LICENSURE; AMENDING SECTION 54-1003A, IDAHO 6 CODE, TO DELETE REFERENCES TO A REPEALED LAW, TO DELETE THE DEFINITION OF 7 "MAINTENANCE ELECTRICIAN," AND TO DEFINE "ELECTRICAL MAINTENANCE," 8 "ELECTRIC UTILITY" AND "OTHER TERMS NOT DEFINED"; AND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,exceptashereinafter providedspecified 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 asprovided in9section 54-1016, Idaho Codeexempted 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 asprovided in section 54-1016, Idaho16Code, and subsections (3), (4), (5) and (6) of this sectionexempted 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 regularly27employed to service, maintain or repair electrical apparatus, or to make minor28repairs or alterations to existing electrical wires or equipment located on29his employer's premises shall, for the purpose of this act, be known as a30maintenance electricianMaintenance, 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 asprovided in section4654-1016, Idaho Codeexempted 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 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