R156.  Commerce, Occupational and Professional Licensing.
R156-55b.  Electricians Licensing Act Rule.
R156-55b-101.  Title.
	This rule is known as the "Electricians Licensing Act Rule".

R156-55b-102.  Definitions.
	In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapter 55 or this rule:
	(1)  "Electrical work" as used in Subsection 58-55-102(14)(a) and in this rule means installation, fabrication or assembly of equipment or systems included in "Premises Wiring" as defined by Title 15A, State Construction and Fire Codes Act.  Electrical work includes installation of raceway systems used for any electrical purpose, and installation of field-assembled systems such as ice and snow melting, pipe-tracing, manufactured wiring systems, and the like.  Electrical work does not include installation of factory-assembled appliances or machinery that are not part of the premises wiring unless wiring interconnections external to the equipment are required in the field, and does not include cable-type wiring that does not pose a hazard from a shock or fire initiation standpoint as defined by Title 15A, State Construction and Fire Codes Act.  Wiring covered by the National Electrical Code that does not pose a hazard as described above includes Class 2 wiring as defined in Article 725, Power-Limited circuits as defined in Article 760 and wiring methods covered by Chapter 8.  All other wiring is subject to licensing requirements.
	(2)  "Immediate supervision" as used in Subsection 58-55-102(26) and this rule means the following:
	(a)  for industrial and commercial electrical work, the apprentice and the supervising electrician are physically present on the same project or jobsite but are not required to be within sight of one another; and
	(b)  for residential electrical work, the supervising electrician, when not physically present on the same project or jobsite as the apprentice, is available to provide reasonable direction, oversight, inspection, and evaluation of the work of an apprentice so as to ensure that the end result complies with applicable standards.
	(3)  "Minor electrical work incidental to a mechanical or service installation" as used in Subsection 58-55-305(1)(n) means the electrical work involved in installation, replacement or repair of appliances or machinery that utilize electrical power.  Minor electrical work does not include modification or repair of "Premises Wiring" as defined in the National Electrical Code, and does not include installation of a disconnecting means or outlet.  Electrical work is minor and incidental only when wiring is extended no more than ten feet in length from an outlet or disconnect provided specifically for the piece of equipment.
	(4)  "Residential project" as used in Subsection 58-55-302(3)(j)(ii) pertains to supervision and means electrical work performed in one or two-family dwellings, including townhouses, as determined by Title 15A, State Construction and Fire Codes Act.
	(5)  "Unprofessional conduct" as defined in Title 58, Chapters 1 and 55, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-55b-501.
	(6)  "Work commonly done by unskilled labor" as used in Subsection 58-55-102(14)(b)(iii) means work such as digging, sweeping, hammering, carrying, drilling holes, or other tasks that do not directly involve the installation of raceways, conductors, cables, wiring devices, overcurrent devices, or distribution equipment.  Unlicensed persons may handle wire on large wire pulls involving conduit of two inches or larger or assist in moving heavy electrical equipment when the task is performed in the immediate presence of and supervised by properly licensed master, journeyman, residential master or residential journeyman electricians acting within the scope of their licenses.

R156-55b-103.  Authority.
	This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 55.

R156-55b-104.  Organization - Relationship to Rule R156-1.
	The organization of this rule and its relationship to Rule R156-1 is described in Section R156-1-107.

R156-55b-302a.  Qualifications for Licensure - Education and Experience Requirements.
	(1)  In accordance with Subsection 58-55-302(3)(i)(i), the approved electrical training program for licensure as a residential journeyman electrician consists of:
	(a)  a program of electrical study approved by the Utah Board of Regents, Utah System of Technical Colleges Board of Trustees or other out of state program that is deemed substantially equivalent as determined by the Electricians Licensing Board.  Programs approved by the Electricians Licensing Board prior to January 1, 2009 remain approved programs; and
	(b)  at least two years of work experience as a licensed apprentice consistent with Section R156-55b-302b.
	(2)  In accordance with Subsection 58-55-302(3)(h)(i), the approved four year planned training program for licensure as a journeyman electrician consists of:
	(a)  a program of electrical study approved by the Utah Board of Regents, Utah System of Technical Colleges Board of Trustees or other out of state program that is deemed substantially equivalent as determined by the Electricians Licensing Board.  Programs approved by the Electricians Licensing Board prior to January 1, 2009 remain approved programs; and
	(b)  at least four years of work experience as a licensed apprentice consistent with Section R156-55b-302b.
	(3)  A semester of school shall include at least 81 hours of classroom instruction time.  A student shall attend a minimum of 72 hours to receive credit for the semester.
	(4)  A competency exam shall be given to each student at the end of each semester with the exception of the fourth year second semester.  A student, to continue to the next semester, shall achieve a score of 75% or higher on the competency exam.  A student who scores below 75% may retake the test one time.
	(5)  The applicant shall pass each class with a minimum score of 75%.
	(6)  Competency test results shall be provided to the Board at the Board meeting immediately following the semester in a format approved by the Board.
	(7)  An applicant for a master electrician license, applying pursuant to Subsection 58-55-302(3)(f)(i) shall be a graduate of an electrical program accredited by the Engineering Accreditation Commission/Accreditation Board for Engineering and Technology (EAC/ABET).
	(8)  An applicant shall provide documentation that all education and experience meets the requirements of this rule.

R156-55b-302b.  Qualifications for Licensure - Work Experience - Residential Journeyman and Journeyman Electricians.
	(1)  In order to satisfy Subsections 58-55-302(3)(h) and (i), an applicant for a license as a residential journeyman electrician or journeyman electrician shall document the following on-the-job work experience:
	(a)  Residential Journeyman Electrician:
	(i)  at least 600 hours in boxes and fittings, conduit, wireways and cableways and associated fittings;
	(ii)  at least 3000 hours in wire and cable, individual conductors and multi-conductors cables, and non-metallic sheathed cable;
	(iii)  at least 300 hours in distribution and utilization equipment, transformers, control panels, disconnects, motor starters, lighting fixtures, heaters, appliances, motor and other distribution or utilization equipment; and
	(iv)  at least 300 hours in specialized work including grounding, wiring of systems for sound, data, communication, alarms, automated systems, generators, batteries and computer equipment.
	(b)  Journeyman electrician:
	(i)  at least 4000 hours in raceways, boxes and fittings, conduit, wireways, cableways and other raceways and associated fittings, and non-metallic sheathed cable;
	(ii)  at least 800 hours in wire and cable, individual conductors and multi-conductor cables;
	(iii)  at least 400 hours in distribution and utilization equipment including transformers, panel boards, switchboards, control panels, disconnects, motor starters, lighting fixtures, heaters, appliances, motors and other distribution and utilization equipment; and
	(iv)  at least 400 hours in specialized work including grounding, wiring of systems for sound, data, communication, alarms, automated systems, generators, batteries and computer equipment.
	(2)  No more than 2000 hours of work experience may be credited for each 12 month period.
	(3)  No credit will be given for work experience performed illegally.

R156-55b-302c.  Qualifications for Licensure - Examination Requirements.
	(1)  In accordance with Subsection 58-55-302(1)(c)(i), an applicant for licensure under this rule shall pass the appropriate examinations that are approved by the Board, each of which shall consist of a theory part, a code part and a practical part as follows:
	(a)  Utah Electrical Licensing Examination for Master Electricians;
	(b)  Utah Electrical Licensing Examination for Master Residential Electricians;
	(c)  Utah Electrical Licensing Examination for Journeyman Electricians; and
	(d)  Utah Electrical Licensing Examination for Residential Journeyman Electricians.
	(2)  Admission to the examinations is permitted after:
	(a)  the applicant has completed all requirements for licensure set forth in Sections R156-55b-302a and R156-55b-302b; or
	(b)  the journeyman applicant has completed:
	(i)  the apprentice education program set forth in Subsection R156-55b-302a; and
	(ii)  not less than 6,000 hours of the experience required under Subsection R156-55b-302b;
	(c)  the residential journeyman applicant has completed:
	(i)  the apprentice education program set forth in Subsection R156-55b-302a; and
	(ii)  not less than 3,000 hours of the experience required under Subsection R156-55b-302b.
	(3)  The applicant shall obtain a "pass" grade on the practical part of the examination, a score of at least 75% on the theory part and a score of at least 75% on the code part of the examination.
	(4)(a)  If an applicant fails one or more parts of the examination, the applicant shall retake any part of the examination failed.
	(b)  An applicant shall wait at least 25 days between the first two retakes and thereafter shall wait 120 days between retakes.
	(5)  If an applicant passes any part of the examination but does not pass the entire examination, the passing score on any part of the examination shall be valid for one year from the date the part of the examination was passed.  Thereafter, the applicant shall retake any previously passed part of the examination.

R156-55b-303.  Renewal Cycle - Procedures.
	(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 55 is established by rule in Section R156-1-308a.
	(2)  Renewal procedures shall be in accordance with Section R156-1-308c.

R156-55b-304.  Continuing Education.
	(1)  Required Hours. Pursuant to Sections 58-55-302.7 and 58-55-303, each licensee shall complete 16 hours of continuing education during each two year license term.  A minimum of 12 hours shall be core education.  The remaining four hours may be professional education.
	(2)  "Core continuing education" is defined as education covering the National Electrical Code as adopted or proposed for adoption.
	(3)  "Professional continuing education" is defined as education covering:
	(a)  National Fire Protection Association 70E (NFPA 70E), Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA);
	(b)  electrical motors and motor controls, electrical tool usage; and
	(c)  supervision skills related to the electrical trade.
	(4)  Non-acceptable course subject matter includes the following types of courses and other similar courses:
	(a)  mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;
	(b)  physical well-being or personal development, such as personal motivation, stress management, time management, or dress for success;
	(c)  presentations by a supplier or a supplier representative to promote a particular product or line of products; and
	(d)  meetings held in conjunction with the general business of the licensee or employer.
	(5)  The Division may:
	(a)  waive the continuing education requirements for a licensee that is an instructor of an approved apprenticeship program; or
	(b)  waive or defer the continuing education requirements as provided in Section R156-1-308d.
	(6)  A continuing education course shall meet the following standards:
	(a)  Time.  Each hour of continuing education course credit shall consist of at least 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules.  The remaining ten minutes may be used for breaks.
	(b)  Provider.  The course provider shall meet the requirements of this section and shall be one of the following:
	(i)  a recognized accredited college or university;
	(ii)  a state or federal agency;
	(iii)  a professional association or organization involved in the construction trades; or
	(iv)  a commercial continuing education provider providing a program related to the electrical trade.
	(c)  Content.  The content of the course shall be relevant to the practice of the electrical trade and consistent with the laws and rules of this state.
	(d)  Objectives.  The learning objectives of the course shall be reasonably and clearly stated.
	(e)  Teaching Methods.  The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.
	(f)  Faculty.  The course shall be prepared and presented by individuals who are qualified by education, training and experience.
	(g)  Distance learning.  A course may be recognized for continuing education that is provided through internet or home study courses provided that the course verifies registration and participation in the course by means of a passing a test demonstrating that the participant has learned the material presented.  Test questions shall be randomized for each participant.
	(h)  Documentation.  The course provider shall have a competent method of registration of individuals who actually completed the course, shall maintain records of attendance that are available for review by the Division and shall provide to individuals completing the course a certificate which contains the following information:
	(i)  the date of the course;
	(ii)  the name of the course provider;
	(iii)  the name of the instructor;
	(iv)  the course title;
	(v)  the hours of continuing education credit;
	(vi)  the attendee's name;
	(vii)  the attendee's license number; and
	(viii)  the signature of the course provider.
	(7)  On a random basis, the Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.
	(8)  Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials.  The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due.  Each licensee shall assure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (11).  Alternatively, the licensee may submit the course for approval and pay any course approval fees and attendance recording fees.
	(9)  Licensees who lecture in approved continuing education courses shall receive two hours of continuing education for each hour spent lecturing.  However, no lecturing or teaching credit is available for participation in a panel discussion.
	(10)  A course provider shall submit continuing education courses for approval to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.
	(11)  The Division shall review continuing education courses which have been submitted through the continuing education registry and approve only those courses which meet the standards set forth under this section.
	(12)  Continuing Education Registry.
	(a)  The Division shall designate an entity to act as the Continuing Education Registry under this rule.
	(b)  The Continuing Education Registry, in consultation with the Division and the Commission, shall:
	(i)  through its internet site electronically receive applications from continuing education course providers and shall submit the application for course approval to the Division for review and approval of only those programs which meet the standards set forth under this section;
	(ii)  publish on its website listings of continuing education programs which have been approved by the Division, and which meet the standards for continuing education credit under this rule;
	(iii)  maintain accurate records of qualified continuing education approved;
	(iv)  maintain accurate records of verification of attendance and completion, by individual licensee, which the licensee may review for compliance with this rule; and
	(v)  make records of approved continuing education programs and attendance and completion available for audit by representatives of the Division.
	(c)  Fees.  The Continuing Education Registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

R156-55b-305.  Licensure by Endorsement.
	The Division may issue a license by endorsement in accordance with the provisions of Section 58-1-302.

R156-55b-401.  Conduct of Apprentice and Supervising Electrician.
	(1)  The conduct of licensed apprentice electricians and their licensed supervisors shall be in accordance with Subsection 58-55-302(3)(j), Sections 58-55-501, 58-55-502, and R156-55b-501.
	(2)  For the purposes of Subsections 58-55-102(31), 58-55-302(3)(j) and 58-55-501(12), one of the following shall apply:
	(a)  the supervisor and apprentice employees shall be employees of the same electrical contractor;
	(b)  the electrical contractor may contract with a licensed professional employer organization to employ such persons.
	(3)  An apprentice in the fourth through sixth year of training may work without supervision for a period not to exceed eight hours in any 24-hour period.  In the seventh and succeeding years of training, the nonsupervision provision no longer applies and the apprentice shall be under immediate supervision as set forth in Subsection 58-55-302(3)(j).

R156-55b-501.  Unprofessional Conduct.
	"Unprofessional conduct" includes:
	(1)  failing as a licensee to comply with the supervision requirements established by Subsection 58-55-302(3)(j).
	(2)  failing as a licensee to carry a copy of a current license at all times when performing electrical work;
	(3)  failing as an electrical contractor to certify an electrician's hours and breakdown of work experience by category when requested by an electrician who is or has been an employee; and
	(4)  failing as a licensee to provide proof of completed continuing education within 30 days of the Division's request.

R156-55b-502.  Administrative Penalties.
	(1) The administrative penalties defined in Section R156-55a-503 of the Utah Construction Trades Licensing Act Rule are hereby adopted as the administrative penalties applicable under this rule.
	(2)  The administrative penalty for a violation of Subsection 58-1-501(2)(o) under this rule shall be in accordance with Section R156-1-502.

KEY:  occupational licensing, licensing, contractors, electricians
Date of Enactment or Last Substantive Amendment:  March 27, 2017
Notice of Continuation:  August 8, 2016
Authorizing, and Implemented or Interpreted Law:  58-1-106(1)(a); 58-1-202(1)(a); 58-55-308(1)