HB 249: "An Act relating to persons whose occupations involve electrical or mechanical equipment and systems; and providing for an effective date."
00HOUSE BILL NO. 249 01 "An Act relating to persons whose occupations involve electrical or mechanical 02 equipment and systems; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.62 is amended by adding a new section to read: 05 Sec. 18.62.005. PURPOSE. The purpose of this chapter is to protect the safety 06 of people and property in the state from the danger of improperly installed electrical 07 wiring and equipment and improperly installed or retrofitted mechanical systems by 08 providing a procedure to 09 (1) assure the public that persons responsible for making electrical and 10 mechanical installations in this state are qualified; and 11 (2) ensure that a sufficient number of persons are so qualified. 12 * Sec. 2. AS 08.18.026 is amended to read: 13 Sec. 08.18.026. ELECTRICAL CONTRACTORS. (a) The department may 14 not issue a certificate of registration as an electrical contractor to an applicant unless
01 the applicant is, or employs, a person currently certified [LICENSED] as an electrical 02 administrator under AS 18.62 [AS 08.40]. 03 (b) An [EACH] applicant for an electrical contractor's certificate of 04 registration may employ more than one electrical administrator. 05 (c) If the relationship of the only electrical administrator with a registered 06 electrical contractor is terminated, the registration is void 30 days after the next 07 regularly scheduled examination under AS 18.62 for electrical administrators unless 08 the electrical contractor has hired a certified [LICENSED] electrical administrator in 09 the interim. 10 * Sec. 3. AS 08.18.028 is amended to read: 11 Sec. 08.18.028. MECHANICAL CONTRACTORS. (a) The department may 12 not issue a certificate of registration as a mechanical contractor to an applicant unless 13 the applicant is, or employs, a person currently certified [LICENSED] as a mechanical 14 administrator under AS 18.62 [AS 08.40]. 15 (b) An [EACH] applicant for a mechanical contractor's certificate of 16 registration may employ more than one mechanical administrator. 17 (c) If the relationship of the only mechanical administrator with a registered 18 mechanical contractor is terminated, the registration is void 30 days after the next 19 regularly scheduled [MECHANICAL ADMINISTRATOR'S] examination under 20 AS 18.62 for mechanical administrators unless the mechanical contractor has hired 21 a certified [LICENSED] mechanical administrator in the interim. 22 * Sec. 4. AS 18.62.010 is amended by adding new subsections to read: 23 (b) A person may not act as an electrical administrator without a certificate of 24 fitness issued by the department under this chapter. A person may not act as a 25 mechanical administrator without a certificate of fitness issued by the department under 26 this chapter. 27 (c) A person certified under this chapter may not perform work in a category 28 unless the person is certified for that category. 29 (d) A person may not operate as an electrical administrator for more than one 30 registered contractor. 31 (e) A person may not operate as a mechanical administrator for more than one
01 registered contractor, corporation, joint venture, or other business entity unless the 02 municipality or community where the mechanical administrator operates is the 03 principal place of business of fewer than three mechanical administrators. 04 * Sec. 5. AS 18.62 is amended by adding a new section to read: 05 Sec. 18.62.015. CATEGORIES OF CERTIFICATES OF FITNESS. The 06 department may adopt regulations establishing categories of certificates of fitness 07 issued under this chapter, qualifications for those categories, and the content of 08 examinations for applicants for each category. 09 * Sec. 6. AS 18.62.020 is amended to read: 10 Sec. 18.62.020. APPLICATION FOR AND ISSUANCE OF CERTIFICATE. 11 The department shall issue certificates of fitness, including renewal [VALID FOR 12 ONE YEAR AND] certificates, for a time period determined by the department by 13 regulation [OF FITNESS VALID FOR THREE YEARS]. The certificate shall be 14 issued only to an individual. An applicant for a certificate shall apply in writing, 15 under oath, on a form prescribed by the department containing 16 (1) the name and address of the applicant; 17 (2) the applicant's age; 18 (3) the applicant's citizenship; and 19 (4) [WHETHER THE APPLICANT IS APPLYING FOR A 20 ONE-YEAR OR A THREE-YEAR CERTIFICATE; AND 21 (5)] other information relevant to licensing that the department requires. 22 * Sec. 7. AS 18.62 is amended by adding a new section to read: 23 Sec. 18.62.025. EXAMINATIONS. (a) An examination required for 24 certification under this chapter shall be offered by the department in appropriate places 25 in the state at least twice each calendar year for each category established under 26 AS 18.62.015. 27 (b) Unless the applicant meets the requirements of (d) of this section or 28 AS 18.62.050(c), an electrical applicant must successfully pass an examination 29 designed to determine the applicant's 30 (1) ability to understand plans, design specifications, and engineering 31 terms commonly used in the electrical field;
01 (2) knowledge of electrical installations and wiring; 02 (3) familiarity with the regulations contained in the National Electrical 03 Code and the National Electrical Safety Code, as approved by the American Standards 04 Association; 05 (4) familiarity with other installation and safety regulations approved 06 by the American Standards Association; 07 (5) personal skill and ability; and 08 (6) familiarity with electrical installation problems and the usages of 09 the trade peculiar to this state. 10 (c) Unless the applicant meets the requirements of (d) of this section or 11 AS 18.62.050(c), a mechanical applicant must successfully pass an examination 12 designed to determine the applicant's 13 (1) ability to understand plans, design specifications, and engineering 14 terms commonly used in the mechanical field; 15 (2) knowledge of mechanical installations and piping; 16 (3) familiarity with the requirements of the Uniform Plumbing Code, 17 Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and 18 the Uniform Mechanical Code currently in effect in the state; 19 (4) personal skill and ability; and 20 (5) familiarity with mechanical installation problems and the usages of 21 the trade peculiar to this state. 22 (d) The department shall waive the portions of the examination required under 23 (b)(1) - (5) and (c)(1) - (4) of this section for an applicant who submits proof 24 satisfactory to the department that the applicant 25 (1) is certified as an administrator or the equivalent by another state 26 jurisdiction; 27 (2) meets qualifications established by regulations under AS 18.62.060; 28 and 29 (3) has passed an examination equivalent to the examination required 30 under (b)(1) - (5) or (c)(1) - (4) of this section. 31 * Sec. 8. AS 18.62.030 is repealed and reenacted to read:
01 Sec. 18.62.030. FEES. (a) The department shall adopt regulations establishing 02 reasonable fees for applications, examinations, certificates, renewal certificates, and 03 duplicate certificates. 04 (b) When submitting an application for a certificate of fitness, an applicant 05 shall pay a nonrefundable application and examination fee. After passing the 06 application review and examination, an applicant shall pay a fee for a certificate of 07 fitness and, at the time of renewal, for renewal of that certificate. 08 (c) The department shall establish fees under (a) of this section so that they 09 reflect the actual costs to the department of the activity for which the fee is charged, 10 except that the department may establish a fee that is less than the cost of the activity 11 for which the fee is charged if the department determines that it is not reasonable to 12 impose the full cost of the activity on the applicant or certificate holder. 13 * Sec. 9. AS 18.62.060 is amended by adding a new subsection to read: 14 (b) The department shall adopt regulations relating to the examination and 15 certification of electrical and mechanical administrators, continuing education 16 requirements for an applicant for certificate renewal or reinstatement, the suspension 17 or revocation of certificates, and the enforcement of the requirements of this chapter. 18 * Sec. 10. AS 18.62 is amended by adding new sections to read: 19 Sec. 18.62.090. CERTIFICATE RENEWAL, LAPSE, AND 20 REINSTATEMENT. (a) A certificate issued under this chapter, unless revoked or 21 suspended, is nontransferable and may be renewed upon proof of meeting the 22 department's continuing education requirements and payment of appropriate fees. 23 (b) If a certificate is not renewed by the date set by the department, the 24 certificate lapses. In addition to renewal fees required for reinstatement of the lapsed 25 certificate, the department may impose a delayed renewal penalty established by 26 regulation that shall be paid before a certificate that has been lapsed more than 60 days 27 may be renewed. 28 (c) A lapsed certificate issued under this chapter may be reinstated upon proof 29 of meeting continuing education requirements and by payment of all unpaid renewal 30 fees and any penalty fee unless the certificate has been lapsed for more than two years. 31 If a person's certificate has been lapsed for more than two years, the person is required
01 to successfully pass an examination under AS 18.62.025 before reinstatement of the 02 certificate. 03 Sec. 18.62.100. INVESTIGATIONS. (a) The department may investigate 04 alleged or apparent violations of this chapter. The department, upon showing proper 05 credentials, may enter, during regular hours of work, a construction site where it 06 appears that electrical or mechanical work is being done. The department may make 07 inquiries about the identity of the administrator responsible for the electrical or 08 mechanical work being done. Upon demand, the administrator responsible for the 09 work being done shall produce evidence of current certification. 10 (b) If it appears to the commissioner that a person has engaged in or is about 11 to engage in an act or practice in violation of a provision of this chapter or a 12 regulation adopted under this chapter, the commissioner may, if the commissioner 13 considers it in the public interest, 14 (1) examine or have examined the books and records of a person whose 15 business activities require certification; the commissioner may require the person to 16 pay the reasonable costs of the examination; and 17 (2) issue subpoenas for the attendance of witnesses, and the production 18 of books, records, and other documents. 19 Sec. 18.62.110. DENIAL, SUSPENSION, AND REVOCATION OF 20 CERTIFICATE. (a) The department may suspend, revoke, or refuse to grant a 21 certificate upon a finding that 22 (1) the application is fraudulent or misleading; 23 (2) the certificate holder has knowingly violated this chapter or a lawful 24 order or regulation of the department; 25 (3) the certificate holder is incompetent, or has engaged in fraudulent 26 practices. 27 (b) Notice of a proposed denial, suspension, or revocation of an electrical or 28 mechanical administrator's certificate of fitness shall be given in writing, stating the 29 grounds. 30 (c) Proceedings for the denial, suspension, or revocation of an electrical or 31 mechanical administrator's certificate of fitness are governed by AS 44.62
01 (Administrative Procedure Act). 02 Sec. 18.62.120. CEASE AND DESIST ORDERS; INJUNCTIONS. (a) If the 03 commissioner determines that a person is acting as an electrical or mechanical 04 administrator in violation of this chapter, the commissioner may issue a cease and 05 desist order prohibiting further action by the person as an electrical or mechanical 06 administrator. The cease and desist order remains in effect until the person has 07 submitted evidence acceptable to the commissioner showing that the violation has been 08 corrected. 09 (b) A person affected by an order issued under (a) of this section may seek 10 equitable relief preventing the commissioner from enforcing the order. 11 (c) The commissioner may seek an injunction in the superior court to enjoin 12 a person from violating a provision of this chapter. 13 Sec. 18.62.130. CITATIONS, VIOLATIONS, AND PENALTIES. (a) The 14 department may issue a citation for a violation of a certificate requirement under this 15 chapter if there is probable cause to believe a person has practiced or engaged in 16 activity for which a certificate is required without holding the certificate. Each day 17 a violation continues after a citation for the violation has been issued constitutes a 18 separate violation. 19 (b) A citation issued under (a) of this section must be in writing. A person 20 receiving the citation is not required to sign a notice to appear in court. 21 (c) The time specified in the notice to appear on a citation under (b) of this 22 section shall be at least five days, not including weekends and holidays, after the 23 issuance of the citation, unless the person cited requests an earlier hearing. 24 (d) The department is responsible for the issuance of books containing 25 appropriate citations, and shall maintain a record of each book issued and each citation 26 contained in it. The department shall require and retain a receipt for every book issued 27 to an employee of the department. 28 (e) The department shall deposit the original or a copy of the citation with a 29 court having jurisdiction over the alleged offense. Upon its deposit with the court, the 30 citation may be disposed of only by trial in the court or other official action taken by 31 the magistrate, judge, or prosecutor. The department may not dispose of a citation,
01 copies of it, or of the record of its issuance except as required under this subsection 02 and under (f) of this section. 03 (f) The department shall require the return of a copy of every citation issued 04 by the department and of all copies of a citation that has been spoiled or upon which 05 an entry has been made and not issued to an alleged violator. The department shall 06 also maintain, in connection with each citation, a record of the disposition of the 07 charge by the court where the original or copy of the citation was deposited. 08 (g) If the form of citation includes the essential facts constituting the offense 09 charged and otherwise complies with applicable court rules, and if the citation is sworn 10 to as required under the laws of this state for a complaint charging commission of the 11 offense alleged in the citation, then the citation when filed with a court having 12 jurisdiction is considered to be a lawful complaint for the purpose of prosecution. 13 (h) Unless the citation has been voided or otherwise dismissed by the 14 magistrate, judge, or prosecutor, a person who without lawful justification or excuse 15 fails to appear in court to answer a citation issued, regardless of the disposition of the 16 charge for which the citation was issued, is guilty of a class B misdemeanor. 17 (i) A person who violates a provision of this chapter or of a regulation adopted 18 under this chapter is guilty of a violation and is punishable by a fine of not more than 19 $300. 20 (j) A person who knowingly violates this chapter, or who knowingly violates 21 a lawful regulation or order of the department, is guilty of a misdemeanor, and upon 22 conviction is punishable by a fine of not more than $300, or by imprisonment for not 23 more than 60 days, or by both. 24 Sec. 18.62.140. EXCLUSIONS. (a) This chapter does not apply to a utility 25 or municipality engaged in 26 (1) electrical repair, electrical construction and maintenance of electrical 27 wiring, or the generation and distribution of electrical current where the repair and 28 wiring is within a distribution system owned and operated by that utility or municipal 29 light and power department; 30 (2) the installation, operation, maintenance, or repair of telephone, 31 telegraph, signal, or communication systems when the work is performed by the
01 employees of that utility. 02 (b) This chapter does not apply to a person engaged in 03 (1) the manufacture, maintenance, or repair of electrical apparatus or 04 equipment; 05 (2) electrical work, the cost of which does not exceed $5,000, involving 06 residences or small commercial establishments in communities that 07 (A) have a population under 500; or 08 (B) are over 50 miles by air or water transportation from the 09 business place of an electrical administrator certified under this chapter; 10 (3) electrical installation on residential property that is owned by the 11 installer or a member of the installer's immediate family and not intended for sale at 12 the time of making the installation; 13 (4) the operation, maintenance, or repair of a television or radio 14 broadcasting system and the installation of a radio broadcasting system under 500 15 watts input power except for alternating current power supply and wiring; 16 (5) the installation, maintenance, and repair of elevators when the work 17 is performed by an agent or employee of the elevator industry and is confined to the 18 elevator control system and does not include the power supply, wiring, and motor 19 connection; 20 (6) the operation, maintenance, and repair of telephone, telegraph, and 21 intercommunication facilities; 22 (7) the installation, maintenance, and repair of fire alarm, computer, 23 community antenna television, intrusion alarm, or other low voltage signaling systems 24 of 48 volts to ground or less; 25 (8) the maintenance or repair of diesel electric engines installed on 26 heavy construction equipment, either in a shop or on a job site; 27 (9) the installation in a commercial water well of the submersible pump 28 motor and the wiring to the well pump system controls if the controls are outside a 29 building or a structure; 30 (10) the installation in a noncommercial water well of the submersible 31 pump motor and the wiring to the well pump system controls.
01 (c) This chapter does not apply to a utility, municipality, or local governing 02 body whose employees are engaged in mechanical work on an integral part of a system 03 owned and operated by the utility, municipality, or local governing body. 04 (d) This chapter does not apply to a person engaged in 05 (1) the manufacture or repair of mechanical apparatus or equipment; 06 (2) mechanical work, the cost of which does not exceed $50,000, 07 involving residences or small commercial establishments in communities that 08 (A) have a population under 5,000; or 09 (B) are over 50 miles by air or water transportation from the 10 business place of a mechanical administrator certified under this chapter; 11 (3) mechanical installation on a single-family residence or a two-family 12 residence that is not intended for sale at the time of making the installation; 13 (4) installation of water lines or sanitary, storm, or drain sewer lines 14 more than five feet from a building. 15 (e) Work otherwise excluded from the requirements of this chapter under this 16 section is nevertheless subject to the inspection provisions of AS 18.60.600 and must 17 comply with the regulations regarding workmanship adopted by the department under 18 AS 18.60. 19 Sec. 18.62.150. PERSONAL SUPERVISION. (a) A person certified under 20 this chapter as an electrical administrator who is responsible for the installation or 21 repair of electrical wiring, conduits, devices, fixtures, equipment, or other electrical 22 materials for transmitting, using, or consuming electrical energy shall personally 23 inspect those materials after installation and repair unless the installation or repair 24 amounts to simple or highly standardized work performed in less than 24 labor hours 25 by qualified personnel generally under the supervision of an electrical administrator 26 certified under this chapter. 27 (b) A person certified under this chapter as a mechanical administrator who 28 is responsible for the installation or retrofit of mechanical piping and systems, devices, 29 fixtures, equipment, or other mechanical materials, shall personally inspect those 30 materials after installation and retrofitting unless the installation or retrofit amounts to 31 simple or highly standardized work performed in less than 24 labor hours by personnel
01 generally under the supervision of a mechanical administrator certified under this 02 chapter. 03 Sec. 18.62.160. DEFINITIONS. In this chapter, 04 (1) "commissioner" means the commissioner of labor; 05 (2) "department" means the Department of Labor; 06 (3) "device" means a unit of an electrical system that is intended to 07 carry but not use electrical energy, such as switches and receptacles; 08 (4) "electrical administrator" means a person engaged in the business 09 of, or purporting to be engaged in the business of, installing or repairing, or altering, 10 or contracting to install or repair, or alter electrical wiring, conduits, devices, fixtures, 11 equipment, or other electrical materials used for transmitting, using, or consuming 12 electrical energy; 13 (5) "electrical repair" means the work performed on an existing 14 electrical system beginning at its source of supply and continuing through the electrical 15 system to the point of connection to utilization equipment and devices; 16 (6) "electrical wiring" means wiring, fixtures, conduits, appliances, 17 devices, equipment, overhead or underground wiring systems, or other equipment in 18 connection with the general distribution or use of electrical energy; 19 (7) "maintenance" means the replacement of existing equipment that 20 uses electricity with equipment of the same characteristics; 21 (8) "manufacture" means fabrication or completion of a product, 22 electrical apparatus, or mechanical apparatus exclusive of its completion or installation 23 at a job site; 24 (9) "mechanical administrator" means a person engaged in the business 25 of, or purporting to be engaged in the business of, installing or retrofitting, or 26 contracting to install or retrofit, mechanical piping and systems or other mechanical 27 materials subject to the Uniform Plumbing Code; Uniform Swimming Pool, Spa, and 28 Hot Tub Code; Uniform Solar Energy Code; or the Uniform Mechanical Code, as 29 published by the International Association of Plumbing and Mechanical Officials and 30 the International Conference of Building Officials; 31 (10) "mechanical piping" includes piping fixtures, devices, and
01 equipment; 02 (11) "personally inspect" means personally visiting a project after 03 installation, repair, or retrofit, as appropriate, and visually inspecting the materials and 04 workmanship; 05 (12) "retrofit" means a change in design, construction, or equipment 06 already in service in order to incorporate later improvements; 07 (13) "small commercial establishment" means a place of business where 08 commodities are exchanged, bought, or sold whose area or structure does not exceed 09 1,000 square feet; 10 (14) "utility" means a public, cooperative, or other corporation, 11 company, individual, or association of individuals, and their lessees, trustees, or 12 receivers appointed by a court, that owns, operates, manages, or controls a plant or 13 system for 14 (A) furnishing, by generation, transmission, or distribution, 15 electrical service, fuel gas service, district heating, sewage disposal, or domestic 16 water service to the public for compensation; or 17 (B) furnishing telecommunications service to the public for 18 compensation. 19 * Sec. 11. AS 08.01.010(12), 08.01.010(15); AS 08.03.010(c)(12), 08.03.010(c)(15); 20 AS 08.40; AS 18.62.070, and 18.62.080 are repealed. 21 * Sec. 12. TRANSITION. (a) Notwithstanding AS 18.62, as amended by this Act, the 22 Department of Labor shall issue a certificate of fitness as an electrical administrator in the 23 appropriate category to a person upon application and payment of renewal fees and applicable 24 penalty fees, if any, if the person 25 (1) applies by August 31, 1994; and 26 (2) held a license issued under former AS 08.40.005 - 08.40.200 that expired 27 less than three years before the date of application under this section. 28 (b) Notwithstanding AS 18.62, as amended by this Act, and the repeal of AS 08.40 29 by this Act, the Department of Labor shall issue a certificate of fitness as a mechanical 30 administrator in the appropriate category to a person upon application and payment of an 31 initial certification fee under AS 18.62 if the person applies for the certificate by August 31,
01 1994, and at the time of application either 02 (1) holds a valid license issued under AS 18.40.210 - 18.40.490; or 03 (2) held a license issued under AS 18.40.210 - 18.40.490 that has not been 04 expired for more than two years. 05 * Sec. 13. This Act takes effect July 1, 1993.