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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exemptions from licensure; to delete references to a repealed law; to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 - 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6 CODE, TO DELETE REFERENCES TO A REPEALED LAW, TO DELETE THE DEFINITION OF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
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