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HB 37: "An Act exempting certain low voltage projects from contractor and electrical administrator requirements."

00                              HOUSE BILL NO. 37                                                                          
01 "An Act exempting certain low voltage projects from contractor and electrical                                           
02 administrator requirements."                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 08.18.161 is amended to read:                                                                      
05            Sec. 08.18.161. Exemptions. To the extent that this chapter governs                                        
06       contractors, this chapter does not apply to                                                                       
07                 (1)  an authorized representative of the United States government, the                                  
08       State of Alaska, or a political subdivision or agency of the state;                                               
09                 (2)  an officer of a court when acting within the scope of office;                                      
10                 (3)  a public utility operating under the regulations of the Regulatory                                 
11       Commission of Alaska in construction, maintenance, or development work incidental                                 
12       to its own business;                                                                                              
13                 (4)  a construction, repair, or operation incidental to the discovering or                              
14       producing of petroleum or gas, or the drilling, testing, abandoning, or other operation                           
01       of a petroleum or gas well or a surface or underground mine or mineral deposit when                               
02       performed by an owner or lessee;                                                                                  
03                 (5)  the sale or installation of finished products, materials, or articles of                           
04       merchandise that are not actually fabricated into and do not become a permanent,                                  
05       fixed part of a structure;                                                                                        
06                 (6)  construction, alteration, or repair of personal property;                                          
07                 (7)  a person who only furnished materials, supplies, or equipment                                      
08       without fabricating them into, or consuming them in the performance of, the work of                               
09       the contractor;                                                                                                   
10                 (8)  an owner who contracts for a project with a registered contractor;                                 
11 (9)  a person working on an existing structure on that person's own                                                     
12 property, whether occupied by the person or not, and a person working on that                                           
13       person's own existing residence, whether owned by the person or not;                                              
14 (10)  an owner or tenant of commercial property who uses the owner's                                                    
15 or tenant's own employees to do maintenance, repair, and alteration work on that                                        
16       property;                                                                                                         
17 (11)  an owner who acts as the owner's own contractor and in doing so                                                   
18 performs the work independently or hires workers or subcontractors, purchases                                           
19 materials, and, as such, sees to the paying for all labor, subcontractors, and materials;                               
20 in this case, the owner shall be limited to construction of one home, duplex, triplex,                                  
21 four-plex, or commercial building every two years; an owner who advertises the                                          
22 structure under construction for sale or sells the structure during the period of                                       
23 construction or within two years after the period of construction begins shall file, on                                 
24 forms provided by the department, a notice indicating that the owner is not engaged in                                  
25 a business for which the owner is required to register as a contractor under this                                       
26 chapter; for the purposes of this paragraph, construction begins on the date that is the                                
27       earlier of when the owner                                                                                         
28                      (A)  begins the actual construction work; or                                                       
29 (B)  enters into an agreement with another person for the other                                                         
30 person to provide labor, to act as a subcontractor, or to provide materials for                                         
31            the construction;                                                                                            
01 (12)  a person performing construction work incidental to farming,                                                      
02 dairying, agriculture, horticulture, stock or poultry raising, mining, logging, fishing,                                
03 clearing, or other work on the land in rural districts for fire prevention purposes, or                                 
04       access road building, unless the person is a licensee;                                                        
05 (13)  work on a low voltage project under one or more contracts,                                                    
06 the aggregate contract price of which for labor and materials and all other items                                   
07 is less than $10,000; this exemption does not apply when the work is only a part                                    
08 of a larger or major operation, whether undertaken by the same or a different                                       
09 contractor, or when the work is divided into contracts of amounts less than                                         
10 $10,000 for the purpose of evasion of this chapter or otherwise; a contractor who                                   
11 performs work priced at $2,500 or more under this exemption shall nevertheless                                      
12 keep in force public liability and property damage insurance with coverage in at                                    
13 least the amounts set out in AS 08.18.101; in this paragraph, "low voltage" means                                   
14       56 volts or less.                                                                                             
15    * Sec. 2. AS 08.40.190(b) is amended to read:                                                                      
16            (b)  AS 08.40.005 - 08.40.200 do not apply to a person engaged in                                            
17 (1)  the manufacture, maintenance, or repair of electrical apparatus or                                                 
18       equipment;                                                                                                        
19 (2)  electrical work, the cost of which does not exceed $5,000,                                                         
20       involving residences or small commercial establishments in communities that                                       
21 (A)  have a population of under 500 according to the latest                                                             
22 available federal or state census or other census approved by the department;                                           
23            or                                                                                                           
24 (B)  are over 50 miles by air or water transportation from the                                                          
25 business place of an electrical administrator licensed under AS 08.40.005 -                                             
26            08.40.200;                                                                                                   
27 (3)  electrical installation on residential property that is owned by the                                               
28 installer or a member of the installer's immediate family and not intended for sale at                                  
29       the time of making the installation;                                                                              
30 (4)  the operation, maintenance, or repair of a television or radio                                                     
31 broadcasting system and the installation of a radio broadcasting system under 500                                       
01       watts input power except for A.C. power supply and wiring;                                                        
02 (5)  the installation, maintenance, and repair of elevators so long as the                                              
03 work is performed by an agent or employee of the elevator industry and is confined to                                   
04 the elevator control system, which system does not include the power supply, wiring,                                    
05       and motor connection;                                                                                             
06                 (6)  the operation, maintenance, and repair of telephone, telegraph, and                                
07       intercommunication facilities;                                                                                    
08                 (7)  the installation, maintenance, and repair of fire alarm, intrusion                                 
09       alarm, or other low voltage signaling systems of 48 volts to ground or less;                                      
10 (8)  the maintenance or repair of diesel electric engines installed on                                                  
11       heavy construction equipment, either in a shop or on a job site;                                                  
12 (9)  the installation in a commercial water well of the submersible                                                     
13 pump motor and the wiring to the well pump system controls if the controls are                                          
14       outside a building or a structure;                                                                                
15 (10)  the installation in a noncommercial water well of the submersible                                                 
16       pump motor and the wiring to the well pump system controls;                                                       
17 (11)  electrical maintenance or repair work if the work is performed by                                                 
18 the person as an employee of an owner or tenant of commercial property as part of the                                   
19 employee's work duties with respect to the property but is not offered or performed as                                  
20       a service to the public;                                                                                      
21 (12)  the installation, maintenance, and repair of low voltage                                                      
22 telecommunications, broadband transmission, and video services; in this                                             
23       paragraph,                                                                                                    
24 (A)  "broadband transmission" means a transmission that                                                             
25 has a large range of radio frequencies that can simultaneously transport                                            
26            multiple signals and different types of signals;                                                         
27                      (B)  "low voltage" means 56 volts or less.