SCS CSSSHB 249(RLS) AM S: "An Act relating to electrical and mechanical administrators; and providing for an effective date."
00SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 249(RLS) am S 01 "An Act relating to electrical and mechanical administrators; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 05 (35) regulation of electrical and mechanical administrators under 06 AS 08.40. 07 * Sec. 2. AS 08.01.050(a) is amended to read: 08 (a) The department shall perform the following administrative and budgetary 09 services when appropriate: 10 (1) collect and record fees; 11 (2) maintain records and files; 12 (3) issue and receive application forms; 13 (4) notify applicants of acceptance or rejection as determined by the 14 board or as determined by the department under AS 08.06 for acupuncturists, under
01 AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for 02 electrical and mechanical administrators, under AS 08.45 for naturopaths, or under 03 AS 08.55 for hearing aid dealers; 04 (5) designate dates examinations are to be held and notify applicants; 05 (6) publish notice of examinations and proceedings; 06 (7) arrange space for holding examinations and proceedings; 07 (8) notify applicants of results of examinations; 08 (9) issue licenses or temporary licenses as authorized by the board or 09 as authorized by the department under AS 08.06 for acupuncturists, under AS 08.11 10 for audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical and 11 mechanical administrators, under AS 08.45 for naturopaths, or under AS 08.55 for 12 hearing aid dealers; 13 (10) issue duplicate licenses upon submission of a written request by 14 the licensee attesting to loss of or the failure to receive the original and payment by 15 the licensee of a fee established by regulation adopted by the department; 16 (11) notify licensees of renewal dates at least 30 days before the 17 expiration date of their licenses; 18 (12) compile and maintain a current register of licensees; 19 (13) answer routine inquiries; 20 (14) maintain files relating to individual licensees; 21 (15) arrange for printing and advertising; 22 (16) purchase supplies; 23 (17) employ additional help when needed; 24 (18) perform other services that may be requested by the board; 25 (19) provide inspection, enforcement, and investigative services to the 26 boards and for the occupations listed in AS 08.01.010, regarding all licenses issued by 27 or through the department; 28 (20) retain and safeguard the official seal of a board and prepare, sign, 29 and affix a board seal, as appropriate, for licenses approved by a board; 30 (21) issue business licenses under AS 43.70. 31 * Sec. 3. AS 08.40.045 is amended to read:
01 Sec. 08.40.045. CATEGORIES OF LICENSES. The department [BOARD] 02 may adopt regulations establishing categories of electrical administrators, 03 [ESTABLISHING] qualifications for those categories, and the content of examinations 04 for applicants for each category. 05 * Sec. 4. AS 08.40.050 is amended to read: 06 Sec. 08.40.050. REGULATIONS. The department [BOARD] shall adopt 07 regulations subject to AS 44.62 ( [THE] Administrative Procedure Act) [(AS 44.62)], 08 relating to the examination and licensing of electrical administrators and [,] the 09 establishing of the continued competency of an applicant for license renewal and 10 reinstatement [, AND THE SUSPENSION OR REVOCATION OF LICENSES]. 11 * Sec. 5. AS 08.40.060 is amended to read: 12 Sec. 08.40.060. EXAMINATIONS. A licensing examination shall be offered 13 by the department [BOARD] at least twice during each year at appropriate places in 14 the state. 15 * Sec. 6. AS 08.40.090(a) is amended to read: 16 (a) A person may not act as an electrical administrator in the state without a 17 license issued by the department unless the person is covered by an exclusion under 18 AS 08.40.190. 19 * Sec. 7. AS 08.40.120(b) is amended to read: 20 (b) If an applicant for a license submits proof satisfactory to the department 21 [BOARD] that the applicant is licensed as an electrical administrator or the equivalent 22 by another state or territory, that the applicant meets qualifications established by the 23 department [BOARD] under AS 08.40.045, and that the applicant has passed an 24 examination equivalent to the test administered under (a) of this section [EXCEPT 25 INSOFAR AS THAT EXAMINATION TESTS KNOWLEDGE AND SKILL 26 PARTICULARLY REQUIRED TO MEET THE ENVIRONMENT AND USAGES OF 27 THE TRADE PECULIAR TO THIS STATE], the department [BOARD] shall waive 28 all of the examination required under (a) of this section [EXCEPT THOSE PARTS 29 THAT TEST KNOWLEDGE AND SKILL PARTICULARLY REQUIRED TO MEET 30 THE ENVIRONMENT AND USAGES OF THE TRADE PECULIAR TO THIS 31 STATE].
01 * Sec. 8. AS 08.40.135 is amended to read: 02 Sec. 08.40.135. RENEWAL AND REINSTATEMENT. (a) A license issued 03 under AS 08.40.005 - 08.40.200 is nontransferable and, unless revoked or suspended, 04 [IS NONTRANSFERABLE AND] may be renewed on a date set by the department 05 upon proof of continued competency [, BY APPROPRIATE APPLICATION]. 06 (b) A lapsed license may be reinstated upon proof of continued competency 07 and by payment of all unpaid renewal fees and any penalty fee established under 08 AS 08.01.100(b), unless the license has been lapsed for more than two years. If a 09 person's license has been lapsed for more than two years, the person is required to 10 take an examination under AS 08.40.120. 11 * Sec. 9. AS 08.40.140 is amended to read: 12 Sec. 08.40.140. ISSUANCE AND POSSESSION [DISPLAY] OF LICENSE. 13 An applicant who successfully passes the examination shall receive a [CERTIFICATE 14 OF] license. The licensee [CERTIFICATE] shall have the license in immediate 15 possession at all times when performing activities for which the license is required 16 and shall present the license for inspection upon the demand of an authorized 17 representative of the department identified as such to the licensee by the 18 representative [BE PROMINENTLY DISPLAYED, WHILE IN EFFECT, IN THE 19 HOLDER'S PRINCIPAL PLACE OF BUSINESS]. 20 * Sec. 10. AS 08.40.170 is amended to read: 21 Sec. 08.40.170. DISCIPLINARY ACTIONS [DENIAL, SUSPENSION AND 22 REVOCATION OF LICENSE]. (a) The department [BOARD] may take the 23 disciplinary actions set out in (d) of this section [SUSPEND, REVOKE, OR 24 REFUSE TO GRANT A LICENSE] upon a finding that 25 (1) the license application is fraudulent or misleading; 26 (2) the licensee has knowingly violated AS 08.40.005 - 08.40.200, the 27 minimum electrical standards established under AS 18.60.580 - 18.60.590, or a 28 lawful [RULE,] order [,] or regulation of the department [BOARD]; 29 (3) the licensee is incompetent, or has engaged in fraudulent practices. 30 (b) Notice of a proposed disciplinary action under this section [DENIAL, 31 SUSPENSION OR REVOCATION OF LICENSE] shall be given in writing, stating
01 the grounds. 02 (c) Proceedings for a disciplinary action under this section [THE DENIAL, 03 SUSPENSION OR REVOCATION OF A LICENSE] shall be governed by AS 44.62 ( 04 [THE] Administrative Procedure Act [(AS 44.62]). 05 * Sec. 11. AS 08.40.170 is amended by adding new subsections to read: 06 (d) The department may take the following disciplinary actions under (a) of 07 this section, singly or in combination: 08 (1) refuse to issue a license; 09 (2) permanently revoke a license; 10 (3) suspend a license for a specified period; 11 (4) censure or reprimand a licensee; 12 (5) impose limitations or conditions on the professional practice of a 13 licensee; 14 (6) require a licensee to submit to peer review; 15 (7) impose requirements for remedial professional education to correct 16 deficiencies in the education, training, and skill of the licensee; 17 (8) impose probation requiring a licensee to report regularly to the 18 department on matters related to the grounds for probation. 19 (e) The department may withdraw probationary status if the deficiencies that 20 required the sanction are remedied. 21 (f) The department may summarily suspend a license before a final hearing is 22 held or during an appeal if the department finds that the licensee poses a clear and 23 immediate danger to the public health and safety. A person is entitled to a hearing 24 before the department to appeal the summary suspension within seven days after the 25 order of suspension is issued. A person may appeal an adverse decision of the 26 department on an appeal of a summary suspension to a court of competent jurisdiction. 27 (g) The department may reinstate a suspended or revoked license if, after a 28 hearing, the department finds that the licensee is able to practice the profession with 29 skill and safety. 30 (h) The department may accept the voluntary surrender of a license. A license 31 may not be returned to the person who surrendered the license unless the department
01 determines that the person is competent to resume practice and the person pays the 02 appropriate renewal fee. 03 (i) The department shall seek consistency in the application of disciplinary 04 sanctions. The department shall explain a significant departure from prior decisions 05 involving similar facts in the order imposing the sanction. 06 * Sec. 12. AS 08.40.175 is amended to read: 07 Sec. 08.40.175. CEASE AND DESIST ORDER. (a) If the department 08 [COMMISSIONER OF LABOR] determines that a person is acting as an electrical 09 administrator in violation of AS 08.40.005 - 08.40.200, the department 10 [COMMISSIONER] may issue a cease and desist order prohibiting further action by 11 the person as an electrical administrator. The cease and desist order remains in effect 12 until the person has submitted evidence acceptable to the department 13 [COMMISSIONER OF LABOR] showing that the violation has been corrected. 14 (b) A person affected by an order issued under (a) of this section may seek 15 equitable relief preventing the department [COMMISSIONER OF LABOR] from 16 enforcing the order. 17 * Sec. 13. AS 08.40.178 is amended to read: 18 Sec. 08.40.178. INJUNCTIVE RELIEF. The department [COMMISSIONER 19 OF LABOR] may seek an injunction in the superior court to enjoin a person from 20 violating AS 08.40.005 - 08.40.200. 21 * Sec. 14. AS 08.40.180 is amended to read: 22 Sec. 08.40.180. VIOLATION OF AS 08.40.010 - 08.40.200. A person who 23 knowingly violates AS 08.40.005 - 08.40.200, or who knowingly violates a valid 24 [RULE,] regulation [,] or order of the department or a minimum electrical standard 25 established under AS 18.60.580 - 18.60.590 that was in effect at the time that the 26 installation or repair was made [BOARD], is guilty of a misdemeanor, and upon 27 conviction is punishable by a fine of not more than $5,000 [$300, OR BY 28 IMPRISONMENT FOR NOT MORE THAN 60 DAYS OR BY BOTH]. 29 * Sec. 15. AS 08.40.190(b) is amended to read: 30 (b) AS 08.40.005 - 08.40.200 does not apply to a person engaged in 31 (1) the manufacture, maintenance, or repair of electrical apparatus or
01 equipment; 02 (2) electrical work, the cost of which does not exceed $5,000, involving 03 residences or small commercial establishments in communities that 04 (A) [WHICH] have a population of under 500 according to the 05 latest available federal or state census or other census approved by the 06 Department of Community and Regional Affairs; or 07 (B) [WHICH] are over 50 miles by air or water transportation 08 from the business place of an electrical administrator licensed under 09 AS 08.40.010 - 08.40.200; 10 (3) electrical installation on residential property that [WHICH] is 11 owned by the installer or a member of the installer's immediate family and not 12 intended for sale at 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 A.C. power supply and wiring; 16 (5) the installation, maintenance, and repair of elevators so long as the 17 work is performed by an agent or employee of the elevator industry and is confined 18 to the elevator control system, which system does not include the power supply, 19 wiring, and motor 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, intrusion 23 alarm, or other low voltage signaling systems of 48 volts to ground or less; 24 (8) the maintenance or repair of diesel electric engines installed on 25 heavy construction equipment, either in a shop or on a job site; 26 (9) the installation in a commercial water well of the submersible pump 27 motor and the wiring to the well pump system controls if the controls are outside a 28 building or a structure; 29 (10) the installation in a noncommercial water well of the submersible 30 pump motor and the wiring to the well pump system controls; 31 (11) electrical maintenance or repair work if the work is performed
01 by the person as an employee of an owner or tenant of commercial property as 02 part of the employee's work duties with respect to the property but is not offered 03 or performed as a service to the public. 04 * Sec. 16. AS 08.40.190(c) is amended to read: 05 (c) Work within the exclusionary provisions of this section is nevertheless 06 subject to the inspection provisions of AS 08.40.070 and must follow the regulations 07 [REGARDING WORKMANSHIP] adopted by the department, other than regulations 08 requiring licensure for the work. 09 * Sec. 17. AS 08.40.195 is amended to read: 10 Sec. 08.40.195. PERSONAL SUPERVISION. A person licensed under 11 AS 08.40.005 - 08.40.200 as an electrical administrator who is responsible for the 12 installation [CONTRACTS TO INSTALL] or repair of electrical wiring, conduits, 13 devices, fixtures, equipment, or other electrical materials for transmitting, using, or 14 consuming electrical energy or who is responsible for certifying that the installation 15 or repair complies with applicable electrical codes shall personally inspect those 16 materials after installation and repair unless the installation or repair amounts to simple 17 or highly standardized work performed in less than 24 man hours by personnel 18 generally under the supervision of the electrical administrator. 19 * Sec. 18. AS 08.40.200(3) is amended to read: 20 (3) "electrical administrator" means a person who is responsible for 21 (A) [ENGAGED IN THE BUSINESS OF, OR PURPORTING 22 TO BE ENGAGED IN THE BUSINESS OF,] installing or repairing [, OR 23 CONTRACTING TO INSTALL OR REPAIR,] electrical wiring, conduits, 24 devices, fixtures, equipment, or other electrical materials for transmitting, using 25 or consuming electrical energy; or 26 (B) certifying that an installation or repair described in (A) 27 of this paragraph complies with applicable electrical codes; 28 * Sec. 19. AS 08.40.230 is amended to read: 29 Sec. 08.40.230. CATEGORIES OF LICENSES. The department [BOARD] 30 may adopt regulations establishing categories of mechanical administrators, 31 qualifications for those categories, and the content of examinations for applicants for
01 each category. 02 * Sec. 20. AS 08.40.240 is amended to read: 03 Sec. 08.40.240. REGULATIONS. The department [BOARD] shall adopt 04 regulations under AS 44.62 ( [THE] Administrative Procedure Act) [(AS 44.62)], 05 relating to the examination and licensing of mechanical administrators, the establishing 06 of the continued competency of licensees for license renewal and reinstatement [, AND 07 THE SUSPENSION OR REVOCATION OF LICENSES]. 08 * Sec. 21. AS 08.40.250 is amended to read: 09 Sec. 08.40.250. EXAMINATIONS. The department [BOARD] shall conduct 10 licensing examinations at least twice each year at appropriate places in the state. 11 * Sec. 22. AS 08.40.260(a) is amended to read: 12 (a) A person may not act as a mechanical administrator without a license 13 unless the person is covered by an exclusion under AS 08.40.390. 14 * Sec. 23. AS 08.40.270(b) is amended to read: 15 (b) If an applicant for a license submits proof satisfactory to the department 16 [BOARD] that the applicant is licensed as a mechanical administrator or the equivalent 17 by another state or territory, meets qualifications established by the department 18 [BOARD] under AS 08.40.230, and has passed an examination equivalent to the test 19 administered under (a) of this section [EXCEPT INSOFAR AS THAT 20 EXAMINATION TESTS KNOWLEDGE AND SKILL PARTICULARLY REQUIRED 21 TO MEET THE ENVIRONMENT AND USAGES OF THE TRADE PECULIAR TO 22 THIS STATE], the department [BOARD] shall waive all of the examination required 23 under (a) of this section [EXCEPT THOSE PARTS THAT TEST KNOWLEDGE 24 AND SKILL PARTICULARLY REQUIRED TO MEET THE ENVIRONMENT AND 25 USAGES OF THE TRADE PECULIAR TO THIS STATE]. 26 * Sec. 24. AS 08.40.290(b) is amended to read: 27 (b) A lapsed license may be reinstated upon proof of continued competency 28 and by payment of all unpaid renewal fees and any penalty fee established under 29 AS 08.01.100(b), unless the license has been lapsed for more than two years. If a 30 person's license has been lapsed for more than two years, the person is required to 31 take an examination under AS 08.40.270.
01 * Sec. 25. AS 08.40.300 is amended to read: 02 Sec. 08.40.300. ISSUANCE AND POSSESSION [DISPLAY] OF LICENSE. 03 An applicant who successfully passes the examination shall receive a [CERTIFICATE 04 OF] license. The licensee shall have the license in immediate possession at all times 05 when performing activities for which the license is required and shall present the 06 license for inspection upon the demand of an authorized representative of the 07 department identified as such to the licensee by the representative 08 [PROMINENTLY DISPLAY THE CERTIFICATE, WHILE IN EFFECT, IN THE 09 LICENSEE'S PRINCIPAL PLACE OF BUSINESS]. 10 * Sec. 26. AS 08.40.320 is amended to read: 11 Sec. 08.40.320. DISCIPLINARY ACTIONS [DENIAL, SUSPENSION, AND 12 REVOCATION OF LICENSE]. (a) The department [BOARD] may take the 13 disciplinary actions set out in (d) of this section [ACTION AGAINST A LICENSEE 14 OR APPLICANT] upon a finding that 15 (1) the license application is fraudulent or misleading; 16 (2) the licensee has knowingly violated AS 08.40.210 - 08.40.490, a 17 code listed in AS 08.40.490(3)(A), or an order or regulation of the [BOARD OR 18 THE] department; or 19 (3) the licensee is incompetent or has engaged in fraudulent practices. 20 (b) Notice of a proposed disciplinary action under this section [DENIAL, 21 SUSPENSION, OR REVOCATION OF LICENSE] shall be in writing and shall state 22 the grounds. 23 (c) Proceedings for a disciplinary action under this section [THE DENIAL, 24 SUSPENSION, OR REVOCATION OF A LICENSE] shall be governed by AS 44.62 ( 25 [THE] Administrative Procedure Act [(AS 44.62]). 26 * Sec. 27. AS 08.40.320 is amended by adding new subsections to read: 27 (d) The department may take the following disciplinary actions under (a) of 28 this section, singly or in combination: 29 (1) refuse to issue a license; 30 (2) permanently revoke a license; 31 (3) suspend a license for a specified period;
01 (4) censure or reprimand a licensee; 02 (5) impose limitations or conditions on the professional practice of a 03 licensee; 04 (6) require a licensee to submit to peer review; 05 (7) impose requirements for remedial professional education to correct 06 deficiencies in the education, training, and skill of the licensee; 07 (8) impose probation requiring a licensee to report regularly to the 08 department on matters related to the grounds for probation. 09 (e) The department may withdraw probationary status if the deficiencies that 10 required the sanction are remedied. 11 (f) The department may summarily suspend a license before a final hearing is 12 held or during an appeal if the department finds that the licensee poses a clear and 13 immediate danger to the public health and safety. A person is entitled to a hearing 14 before the department to appeal the summary suspension within seven days after the 15 order of suspension is issued. A person may appeal an adverse decision of the 16 department on an appeal of a summary suspension to a court of competent jurisdiction. 17 (g) The department may reinstate a suspended or revoked license if, after a 18 hearing, the department finds that the licensee is able to practice the profession with 19 skill and safety. 20 (h) The department may accept the voluntary surrender of a license. A license 21 may not be returned to the person who surrendered the license unless the department 22 determines that the person is competent to resume practice and the person pays the 23 appropriate renewal fee. 24 (i) The department shall seek consistency in the application of disciplinary 25 sanctions. The department shall explain a significant departure from prior decisions 26 involving similar facts in the order imposing the sanction. 27 * Sec. 28. AS 08.40.330 is amended to read: 28 Sec. 08.40.330. INVESTIGATIONS. The department [EITHER THE 29 DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT OR THE 30 DEPARTMENT OF LABOR] may investigate alleged or apparent violations of 31 AS 08.40.210 - 08.40.490. The [A] department, upon showing proper credentials, may
01 enter, during regular hours of work, a construction site where it appears that 02 mechanical work is being done. The [A] department may make inquiries about the 03 identity of the mechanical administrator or the person acting in the capacity of a 04 mechanical administrator. Upon demand, a mechanical administrator or person acting 05 in the capacity of a mechanical administrator, or that person's representative, shall 06 produce evidence of current licensure. 07 * Sec. 29. AS 08.40.340 is amended to read: 08 Sec. 08.40.340. ISSUANCE OF CITATIONS. The department [EITHER 09 THE DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT OR 10 THE DEPARTMENT OF LABOR] may issue a citation for a violation if there is 11 probable cause to believe a person has violated AS 08.40.210 - 08.40.490. Each day 12 a violation continues after a citation for the violation has been issued constitutes a 13 separate violation. 14 * Sec. 30. AS 08.40.350(c) is amended to read: 15 (c) The department is [DEPARTMENT OF COMMERCE AND ECONOMIC 16 DEVELOPMENT AND THE DEPARTMENT OF LABOR ARE] responsible for the 17 issuance of books containing appropriate citations [,] and [EACH] shall maintain a 18 record of each book issued and each citation contained in it. The [EACH] department 19 shall require and retain a receipt for every book issued to an employee of the [THAT] 20 department. 21 * Sec. 31. AS 08.40.350(d) is amended to read: 22 (d) The department [THAT ISSUES A CITATION UNDER AS 08.40.340] 23 shall deposit the original or a copy of the citation with a court having jurisdiction over 24 the alleged offense. Upon its deposit with the court, the citation may be disposed of 25 only by trial in the court or other official action taken by the magistrate, judge, or 26 prosecutor. The department [THAT ISSUED THE CITATION] may not dispose of 27 it or copies of it or of the record of its issuance except as required under this 28 subsection and (e) of this section. 29 * Sec. 32. AS 08.40.350(e) is amended to read: 30 (e) The department [DEPARTMENT OF COMMERCE AND ECONOMIC 31 DEVELOPMENT AND THE DEPARTMENT OF LABOR] shall require the return
01 of a copy of every citation issued [BY THE RESPECTIVE DEPARTMENT] under 02 AS 08.40.340 and of all copies of every citation that has been spoiled or upon which 03 an entry has been made and not issued to an alleged violator. The department 04 [DEPARTMENTS] shall also maintain, in connection with every citation issued by the 05 [RESPECTIVE] department, a record of the disposition of the charge by the court 06 where the original or copy of the citation was deposited. 07 * Sec. 33. AS 08.40.380(a) is amended to read: 08 (a) A person who knowingly violates AS 08.40.210 - 08.40.490, or who 09 knowingly violates a regulation or order of [THE BOARD OR] the department or a 10 code listed in AS 08.40.490(3)(A) that was in effect at the time that the installation 11 or repair was made, is guilty of a misdemeanor, and upon conviction is punishable 12 by a fine of not more than $5,000 [$300, OR BY IMPRISONMENT FOR NOT 13 MORE THAN 60 DAYS, OR BY BOTH]. 14 * Sec. 34. AS 08.40.390(b) is amended to read: 15 (b) AS 08.40.210 - 08.40.490 do not apply to a person engaged in 16 (1) the manufacture or repair of mechanical apparatus or equipment; 17 (2) mechanical work, the cost of which does not exceed $50,000, 18 involving residences or small commercial establishments in communities that 19 (A) have a population of under 5,000 according to the latest 20 available federal or state census or other census approved by the 21 Department of Community and Regional Affairs; or 22 (B) are over 50 miles by air or water transportation from the 23 business place of a mechanical administrator licensed under AS 08.40.210 - 24 08.40.490; 25 (3) mechanical installation on a single-family residence or a two-family 26 residence that is not intended for sale at the time of making the installation; 27 (4) installation of water lines or sanitary, storm, or drain sewer lines 28 more than five feet from a building; 29 (5) mechanical maintenance or repair work if the work is 30 performed by the person as an employee of an owner or tenant of commercial 31 property as part of the employee's work duties with respect to the property but
01 is not offered or performed as a service to the public; 02 (6) design, installation, maintenance, or repair of fire extinguishing 03 systems. 04 * Sec. 35. AS 08.40.400 is amended to read: 05 Sec. 08.40.400. PERSONAL SUPERVISION. A person licensed under 06 AS 08.40.210 - 08.40.490 as a mechanical administrator who is responsible for 07 installation or modification of [CONTRACTS TO INSTALL OR MODIFY] 08 mechanical piping and systems, devices, fixtures, equipment, or other mechanical 09 materials, or who is responsible for certifying that the installation or modification 10 complies with applicable codes, shall personally inspect those materials after 11 installation and modification unless the installation or modification amounts to simple 12 or highly standardized work performed in less than 24 man-hours by personnel 13 generally under the supervision of the mechanical administrator. 14 * Sec. 36. AS 08.40.490(3) is amended to read: 15 (3) "mechanical administrator" means a person who is responsible for 16 (A) [ENGAGED IN THE BUSINESS OF, OR PURPORTING 17 TO BE ENGAGED IN THE BUSINESS OF,] installing or modifying [, OR 18 CONTRACTING TO INSTALL OR MODIFY,] mechanical piping and 19 systems, devices, fixtures, equipment, or other mechanical materials subject to 20 the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub 21 Code, Uniform Solar Energy Code, and the Uniform Mechanical Code as 22 published by the International Association of Plumbing and Mechanical 23 Officials and the International Conference of Building Officials; or 24 (B) certifying that an installation or modification described 25 in (A) of this paragraph complies with the applicable codes; 26 * Sec. 37. AS 08.01.010(12), 08.01.010(15); AS 08.03.010(c)(15); AS 08.40.011, 27 08.40.120(a)(5), 08.40.200(1), 08.40.220, and 08.40.270(a)(4) are repealed. 28 * Sec. 38. TRANSITION. (a) Notwithstanding AS 08.40, as amended by this Act, a 29 person may act as an electrical administrator without a license issued under AS 08.40 until 30 30 days after the date of the first examination offered by the Department of Commerce and 31 Economic Development for electrical administrators.
01 (b) Notwithstanding AS 08.40, as amended by this Act, a person may act as a 02 mechanical administrator without a license issued under AS 08.40 until 30 days after the date 03 of the first examination offered by the Department of Commerce and Economic Development 04 for mechanical administrators. 05 (c) Notwithstanding AS 08.40, as amended by this Act, or the terms of a license, the 06 license of an electrical or mechanical administrator that was valid until August 31, 1993, may 07 be renewed, without the requirement of taking an examination or a requirement of proof of 08 continued competency if the licensee applies for renewal of the license by two years after the 09 effective date of this Act and pays the required fee. 10 (d) Litigation, hearings, investigations, and other proceedings pending under a law 11 amended or repealed by this Act, or in connection with functions transferred by this Act, 12 continue in effect and may be continued and completed notwithstanding a transfer or 13 amendment or repeal provided for in this Act. 14 (e) Contracts, rights, liabilities and obligations created by or under a law amended or 15 repealed by this Act and in effect on the effective date of this Act, remain in effect 16 notwithstanding this Act's taking effect. Records, equipment, appropriations, and other 17 property of agencies of the state whose functions are transferred under this Act shall be 18 transferred to implement the provisions of this Act. 19 * Sec. 39. This Act takes effect immediately under AS 01.10.070(c).