Bill Text: WV HB4358 | 2020 | Regular Session | Introduced


Bill Title: Relating to the licensing of electricians

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2020-01-23 - To House Government Organization [HB4358 Detail]

Download: West_Virginia-2020-HB4358-Introduced.html

WEST virginia legislature

2020 regular session

Introduced

House Bill 4358

By Delegate Porterfield and Foster

[Introduced January 15, 2020; Referred to the Committee on Industry and Labor then Government Organization]

A BILL to amend and reenact §29-3B-2 and §29-3B-3 of the Code of West Virginia, 1931, as amended, all relating to the licensing of electricians; decreasing the number of years’ experience necessary to become certain types of electricians; and permitting persons who perform work on a single or dual family dwelling where the total amount charged for the electrical work is under $2,500 to be exempt from electrician licensing requirements.

Be it enacted by the Legislature of West Virginia:


ARTICLE 3B. SUPERVISION OF ELECTRICIANS.

§29-3B-2. Necessity of license; definitions.

(a) After the effective date of this article, no electrical work may be performed, offered or engaged in for compensation or hire within the State of West Virginia by any person, firm or corporation unless such person, firm or corporation possesses a license and a certificate issued by the State Fire Marshal in accordance with this article, and a copy of the license is posted on any job in which electrical work is being performed for hire.

(b) As used in this article:

(a) “Apprentice electrician” means a person with interest in and an aptitude for performing electrical work but who alone is not capable of performing electrical work unless directly supervised by a higher license classification.

(b) “Electrical contractor” means a person, firm or corporation who engages in the business of electrical work and employs master electricians, journeyman electricians, apprentice electricians or other related workers for the construction, alteration or repair of any electrical wiring, equipment or systems as defined in the scope of the national electric code.

(c) “Electrical work” means the installation of wires, conduits, apparatus, fixtures, other appliances, equipment or systems for transmitting, carrying, controlling or using electricity as defined in the scope of the national electric code.

(d) “Journeyman electrician” means a person qualified by at least four two years of electrical work experience to do any work installing wires, conduits, apparatus, equipment, fixtures and other appliances, provided that this classification is not authorized to design electrical systems.

(e) “License” means a valid and current certificate of competency issued by the State Fire Marshal.

(f) “Master electrician” means a person with at least five three years of electrical work experience, including experience in all phases of electrical wiring and installation, who is competent to design electrical systems, and to instruct and supervise the electrical work of journeyman electricians, apprentice electricians, and other related workers.

(g) “Specialty electrician” means a person qualified to perform electrical work in a limited or specialized area.

§29-3B-3. Exemptions; nonapplicability of license requirements; legislative rules for limited reciprocity.


(a) This article does not apply to and no license may be required for: (1) A person who performs electrical work with respect to any property owned or leased by that person; (2) a person who performs electrical work at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating the plant or establishment; (3) a person who performs electrical work while employed by an employer who engages in the business of selling appliances at retail, so long as such electrical work is performed incident to the installation or repair of appliances sold by the employer; (4) a person who, while employed by a public utility or its affiliate, performs electrical work in connection with the furnishing of public utility service; or (5) any government employee performing electrical work on government property; or (6) any person who performs work on a single or dual family dwelling where the total amount charged for the work is under $2,500.

(b)(1) Notwithstanding any other provision of this article to the contrary, a journeyman or master electrician license may be issued for a person who is a former resident of this state, who formerly held an electrician's license issued by this state, who has obtained an equivalent electrician license from another state, and who returns to this state as a permanent resident, without requiring the person to meet the application or examination requirements that would otherwise be imposed on the person by the requirements of this article when the issuance of the license is permitted by legislative rules promulgated pursuant to the provisions of this subsection.

(2) The State Fire Marshal shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to provide for the licensing of electricians with equivalent qualifications described in subdivision (1) of this subsection. Notwithstanding any other provision of this code to the contrary, the legislative rules described in this subsection may not be filed as emergency rules.

 

NOTE: The purpose of this bill is to decrease the number of years’ experience necessary to become certain types of electricians. The bill permits persons who perform work on a single or dual family dwelling where the total amount charged for the electrical work is under $2,500 to be exempt from electrician licensing requirements.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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