A N
A C T
RELATING TO
ELECTRICIANS
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Introduced By: Senators Ruggerio, Tassoni, P Fogarty, Gallo, and Celona |
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Date Introduced: February 07, 2002 |
It is enacted by
the General Assembly as follows:
SECTION 1. Sections 5-6-2, 5-6-2.1, 5-6-4, 5-6-28 and 5-6-32 of the
General Laws in Chapter 5-6 entitled "Electricians" are hereby
amended to read as follows:
5-6-2. Work for which license required. -- (a) No person, firm, or corporation shall enter into, engage in, solicit, advertise, bid for, or work at the business of installing wires, conduits, apparatus, fixtures, electrical signs, and other appliances for carrying or using electricity for light, heat, fire alarms, as defined in chapter 28.25 of title 23, entitled "fire alarm systems", or power purposes, exclusive of low voltage wiring for heating/refrigeration equipment, or work at the business of removing and reattaching existing electrical meters, unless that person, firm, or corporation shall have received a license and a certificate therefor, issued by the state board of examiners of electricians of the division of professional regulation of the department of labor and training in accordance with the provisions hereinafter set forth.
That person shall carry this license on his or her person at
all times while so engaged, and shall affix his or her contractor's license
number to any advertisement and/or contract he or she executes and/or to any
bid he or she files with any consumer for his or her professional services and
to any applicable permit required for the performance of those services.
(b) Any person, firm or corporation which is required to apply for a permit from a local building official for any work required to be performed by a person licensed under the provisions of this chapter, shall cause such work to be performed by a person licensed under the provisions of this chapter; provided, however, that the provisions of this section, except the provision regarding removing and reattaching existing electrical meters, shall not apply to owner-occupied single family homes.
5-6-2.1. Inspection and right of entry. -- The division
of professional regulation by and through its electrical inspectors investigators
has the right and authority to enter, during times at which electrical work is
actually being performed on any commercial building, structure, or premises
where electrical work is being done, except, however, any building, structure,
or premises exempt by law, for the purpose of ascertaining compliance with this
chapter.
5-6-4. Board of examiners -- Composition -- Appointment of members -- Policy-making role. -- (1) There is created in the division of professional regulation, in the department of labor and training, a state board of examiners of electricians which at all times consists of seven (7) qualified electors of the state as follows:
(i) A member of an electrical inspection department of any city or town with, at least, five (5) years' experience as an electrical inspector, to represent the general public;
(ii) A qualified electrical contractor, to represent employers;
(iii) A journeyperson electrician to represent labor;
(iv) The state fire marshal, who is ex officio, or his or her designee;
(v) a qualified employee of any electric utility company to represent the utility companies;
(vi) A journeyperson electrician to represent organized labor selected from a list of three (3) persons submitted to the governor by the American Federation of Labor -- Congress of Industrial Organizations (AFL-CIO); and
(vii) A member of the Rhode Island sign contractors association.
(2) Annually on or before January 31, the governor appoints a member or members of the board to succeed the member or members whose term is at that time expiring who serves for four (4) years or until his or her successor is elected and qualified. Any vacancy which occurs in the board from any cause is filled by the governor for the remainder of the unexpired term.
(b) The board has a policy-making role in the preparation and composition of the examinations to be administered by the division. Subsequent to the administration of the examinations, the board of examiners reviews the examinations to evaluate their effectiveness. The board supervises the operation of the division in an advisory capacity in promulgating any policy that is necessary to improve the operation of the division in their area of expertise. The promulgation of that policy is subject to the approval of the director of the department. Members of the board are subject to the provisions of chapter 14 of title 36.
(c) The director of labor and training has the power to revoke or suspend the certificate or license or impose a fine upon the certificate or license holder, for all certificates and licenses issued by the division of professional regulation, after a hearing before and upon the recommendation of the board of examiners of electricians.
5-6-28. Penalties
for unlicensed work. -- Any person, firm, association, or corporation
or employee of these, and any representative, member, or officer of any firm,
association, or corporation individually entering upon or engaging in the
business and work previously defined, without having complied with this
chapter, shall for the first offense be punished by a fine of not more than
five hundred dollars ($500), and for a subsequent offense by a fine of not more
than seven hundred fifty dollars ($750) or by imprisonment for six (6) months,
or both. be assessed penalties pursuant to section 5-6-32.
5-6-32. Authority
of director to assess penalty. -- The director may assess an
administrative penalty on any person, firm, or corporation for any violation of
the provisions of this chapter, after notice and a hearing, before and upon the
recommendation of the board of examiners of electricians in the amount of two
hundred and fifty dollars ($250) five hundred dollars ($500) for the
first violation and five hundred dollars ($500) nine hundred fifty
dollars ($950) for a subsequent violation. All funds collected by the labor
and training department under this section are placed in the restricted
receipts account created pursuant to section 28-22-1.1. This section is in
addition to any other action provided by law for violations of this chapter.
The chief of the section shall act as an investigator with
respect to the enforcement of all the provisions of law relative to the
licensing of electricians and, to this effect, whenever a complaint is made by
the chief of the section to the director of the department of labor and
training or his or her designee that the provisions of this chapter are being
violated, the director of the department of labor and training or his or her
designee may issue an order to cease and desist from said violation and may impose
the above penalties against the violator and against the contractor.
SECTION 2. This act shall take effect upon passage.