Bill Text - SB135 (2017)

Relative to the regulation of electricians.


Revision: June 2, 2017, 11:23 a.m.

SB 135-FN - AS AMENDED BY THE HOUSE

 

03/30/2017   0477s

03/30/2017   1215s

1Jun2017... 1805h

 

2017 SESSION

17-0777

10/05

 

SENATE BILL 135-FN

 

AN ACT relative to the regulation of electricians.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Rep. Backus, Hills. 19

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill clarifies who may request identification of licensed electrical inspectors, requires the electricians' board to adopt rules on third party electrical inspections, updates the National Electrical Code in the state building code, and removes the authority of the state fire marshal to enforce provisions on electrician regulation.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/30/2017   0477s

03/30/2017   1215s

1Jun2017... 1805h 17-0777

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the regulation of electricians.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Electricians; Inspectors; Identification.  Amend RSA 319-C:5 by inserting after paragraph IV the following new paragraph:

V.  A state, city, or town building official or code enforcement officer appointed by the administrative authority of the state, city, or town, who performs electrical inspections authorized in accordance with RSA 155-A:2, IV, RSA 155-A:2, VI, RSA 47:22, or RSA 674:51 shall have the authority to check the license or identification card issued under this chapter.

2  New Section; Third Party Electrical Inspections; Rulemaking.  Amend RSA 319-C by inserting after section 5 the following new section:

319-C:5-a  Third Party Electrical Inspections.  The board shall adopt rules under RSA 319-C:6-a requiring any entity engaging a person to conduct third-party electrical inspections of electrical installations in this state to have the person conducting the inspection be approved by the board.  The board shall maintain and make available a list of such persons approved for third-party electrical inspections.  The approval of a person to conduct third-party electrical inspections shall not prohibit a city or town that has established inspections under RSA 47:22 or RSA 674:51 from contracting with any person of its choice to perform third-party electrical inspections.

3  State Building Code; National Electrical Code.  Amend RSA 155-A:1, IV to read as follows:

IV.  "New Hampshire building code'' or "state building code'' means the adoption by reference of the International Building Code 2009, the International Existing Building Code 2009, the International Plumbing Code 2009, the International Mechanical Code 2009, the International Energy Conservation Code 2009, and the International Residential Code 2009, as published by the International Code Council, and the National Electrical Code [2014] 2017, as amended by the state building code review board and ratified by the legislature in accordance with RSA 155-A:10.  The provisions of any other national code or model code referred to within a code listed in this definition shall not be included in the state building code unless specifically included in the codes listed in this definition.

4  Licensing Requirements; Requests for Certificate.  Amend RSA 319-C:7, III to read as follows:

III.  All persons licensed by the board shall receive a certificate under the seal of the board and with the signature of the board chairman, which must be publicly displayed at the principal place of business of said electrician, or, if no such place of business, must be carried on his or her person and displayed at any time upon request to any electrical inspector appointed by the board under this chapter, as long as said person continues in the business as herein defined.  The certificate shall specify the name of the person licensed who, in the case of a firm, shall be one of its members or employees and, in the case of a corporation, one of its officers or employees passing the examination.  In the case of a firm or corporation, the license shall be void upon the death of or the severance from the company of said person.

5  Department of Safety; Enforcement by Fire Marshal; Electricians Removed.  Amend RSA 21-P:4, VII to read as follows:

VII.  Have the discretion to grant authority to issue a citation for violations of fire safety rules adopted under RSA 153:4-a, RSA 153:5, and RSA 160-C and to unlicensed persons who perform actions that require a license under RSA 153:28, RSA 153:29-a, [RSA 319-C,] or RSA 329-A to the state fire marshal or his or her designee, or to any fire chief, fire investigator, fire inspector or fire prevention officer who meets the qualifications established pursuant to RSA 21-P:14, II(s).  A citation for violations under this paragraph shall carry the penalty set forth under RSA 153:24.  A building official or code enforcement officer may also be granted authority under RSA 21-P:14, II(s) to issue a citation to any unlicensed person who performs actions requiring a license under RSA 153:28, RSA 153:29-a, [RSA 319-C,] or RSA 329-A.

6  New Paragraph; State Building Code; National Electrical Code; Exception Added.  Amend RSA 155-A:2 by inserting after paragraph X the following new paragraph:

XI.  Notwithstanding the inclusion of the National Electrical Code 2017 in the state building code under RSA 155-A:1, IV, the amended provisions of section 210.12 of the National Electrical Code, which modify the National Electrical Code 2014 version to add arc-fault circuit interrupter requirements for dormitory unit devices and bathrooms, guest rooms and guest suites, and branch circuit extensions or modifications for dormitory units shall not be enforced under the state building code or this chapter.

7  Effective Date.  

I.  Section 3 of this act shall take effect January 1, 2018.

II.  The remainder of this act shall take effect 60 days after its passage.

LBAO

17-0777

Amended 4/10/17

 

SB 135-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2017-0477s AND #2017-1215s)

 

AN ACT relative to the regulation of electricians.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill as amended specifies who has authority to identify licensed electrical inspectors.  The Electrician's Board would be required to adopt rules regarding "third party electrical inspections".  The authority for the State Fire Marshal to enforce electrician regulations has been removed.  It  updates a reference to the National Electrical Code within the State Building Code.  City or town building officials or code enforcement officers shall have the authority to check the license or identification of inspectors.  The Department of Safety indicates a few licensing inspectors on the joint board will take on the responsibility for electrical licensing violations from many jurisdictions, impacting enforcement of electrical safety throughout the State.  The fiscal impact is unknown because of how many licensing violations handled locally would become additional work for the joint board.

 

The Office of Professional Licensure and Certification indicates there is no fiscal impact.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification and Department of Safety