TDLR Sample CE Electrician Law & Rules

TDLR Sample CE Electrician Law & Rules

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Title 8, Occupations CodeChapter 1305

Texas Electrical Safety and Licensing Act

The law, or “Statute”

General Overview:Since September 1, 2003, Texas electricians are required to be licensed by the Texas Department of Licensing and Regulation (TDLR). Four hours of continuing education (CE) are required for license renewal.

Electrician CE must include National Electrical Code (NEC), the state laws and rules and safety from the NFPA 70E as part of the required four hours CE for license renewal.

Instead of taking the four hours of continuing education as required, an electrical apprentice or electrical sign apprentice may enroll in a department-registered apprenticeship training program.

► Texas’ law governing electricians is known as Title 8, Occupations Code, Chapter 1305.

► Texas’ administrative rules addressing electricians are known as 16 Texas Administrative Code, Chapter 73.

The law and rules can be found on TDLR’s web site:http://www.tdlr.texas.gov/electricians/elecrules.htm

Subscribe to the list server for all updated information:http://public.govdelivery.com/accounts/TXDLR/subscriber/new

(5) "Electrical contracting" means the business of designing, installing, erecting, repairing, or altering electrical wires or conductors to be used for light, heat, power, or signaling purposes. The term includes the installation or repair of ducts, raceways, or conduits for the reception or protection of wires or conductors and the installation or repair of any electrical machinery, apparatus, or system used for electrical light, heat, power, or signaling.

Sec. 1305.002

Statute – Key Definitions

(9) "Electrical sign contracting" means the business of designing, manufacturing, installing, connecting, reconnecting, or servicing an electric sign, cold cathode, neon gas tubing, or outline gas tubing, or altering electric sign wiring or conductors either inside or outside of a building.

(11) "Electrical work" means any labor or material used in installing, maintaining, or extending an electrical wiring system and the appurtenances, apparatus, or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises. The term includes service entrance conductors as defined by the National Electrical Code.

Sec. 1305.002

Key Definitions

(12-a) “Residential appliance” means:

(A) equipment that:

(i) is installed as a unit in a single-family or multifamily

dwelling that does not exceed four stories;

(ii) is directly connected to an electrical circuit; and

(iii) performs a specific function; or

(B) a pool-related electrical device

(12-b) “Residential appliance installation” means electrical work that is limited to the connection or disconnection of a residential appliance, including a pool-related electrical device, to an existing electrical circuit other than by inserting or removing a plug from an electrical outlet.

.

Sec. 1305.002

Key Definitions

(12-c) “Residential appliance installation contracting” means the business of residential appliance installation, including pool-related electrical maintenance.

(12-d) “Residential appliance installation contractor” means a business entity, other than an electrical contractor or electrical sign contractor, that is engaged in residential appliance installation contracting, including pool-related electrical maintenance.

(12-e) “Residential appliance installer” means a person, other than a licensed electrician, who is licensed to perform residential appliance installation, including pool-related electrical maintenance.

(13) "Residential wireman" means a person licensed under this chapter who may only perform electrical installations in single-family and multifamily dwellings not exceeding four stories.

Sec. 1305.002

Key Definitions

(14) “Pool” means an outdoor or indoor structure that is located at a residential property, a business property, or a property owned by a municipality and that is intended for swimming or recreational bathing, including an in-ground structure, aboveground structure, hot tub, spa, portable spa, or non-portable wading pool.

(15) “Pool-related electrical device” means equipment for a pool that:

(A) is installed as a unit;

(B) is directly connected to an electrical circuit;

(C) performs a specific function; and

(D) uses single-phase power of 240 volts or less.

(16) “Pool-related electrical maintenance” means electrical work that is limited to the connection or disconnection of a pool-related electrical device to an existing electrical circuit other than by inserting or removing a plug from an electrical outlet.

Sec. 1305.002

Key Definitions

(a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:

(1) three master electrician members;

(2) three journeyman electrician members; and

(3) three public members.

(b) The advisory board members must include:

(1) two members who are affiliated with a statewide association of electrical contractors not affiliated with a labor organization

(2) three members who are affiliated with a labor organization;

Sec. 1305.051

Electrical Safety and Licensing

Advisory Board

(3) one member who is not affiliated with a statewide association of electrical contractors or with a labor organization;

(4) one member who is affiliated with a historically underutilized business, as that term is defined by Section 2161.001, Government Code; and

(5) one public member who is a building contractor principally engaged in home construction and is a member of a statewide building trade association.

(c) A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board.

(d) An appointment to the advisory board shall be made without regard to the race, color, disability, sex, religion, age or national origin of the appointee.

Section 1305.051

Advisory Board

(a) The executive director or commission, as appropriate, shall:

(1) by rule establish the financial responsibility requirements for electrical contractors; and

(2) after publication of the National Electrical Code by the National Fire Protection Association every three years adopt the revised National Electrical Code as the electrical code for the state.

Section 1305.101

General Powers and Duties

(b) The executive director or commissioner, as appropriate, may:

(1) establish reciprocity agreements with other states that have licensing requirements substantially equivalent to the requirements of this chapter; and

(2) take other action as necessary to administer and enforce this chapter.

Section 1305.101

General Powers and Duties

Sec. 1305.151. License Required.

Except as provided by Section 1305.003, a person or business may not perform or offer to perform electrical work or residential appliance installation unless the person or business holds an appropriate license issued or recognized under this chapter.

Commentary: Except as provided by Section 1305.003, ALL PERSONS WHO PERFORM ELECTRICAL WORK MUST BE LICENSED

Section 1305.151

License Requirements

(a) An applicant for a license under this chapter must:

(1) submit to the department a completed application on a form prescribed by the executive director;

(2) submit to the department any other information required by executive director rule;

(3) demonstrate to the satisfaction of the executive director the appropriate amount of electrical work experience as required by this subchapter;

(4) demonstrate the applicant's honesty, trustworthiness, and integrity; and

(5) pay the application and examination fees.

(b) The executive director shall adopt rules to establish a process by which the department shall evaluate the experience required of applicants for a license under this chapter.

(c) The department may conduct an examination of any criminal conviction of an applicant, including obtaining any criminal history record information permitted by law.

Sections 1305.152

Application Requirements

(a) Notwithstanding any other law, the department shall credit verified military service, training or education toward the licensing requirements, other than examination requirements, for a license issued under this chapter by the department.

(b) The department shall expedite the issuance of a temporary license or a license by endorsement or reciprocity under this chapter to an applicant who:

(1) has verified military experience; and

(2) holds a current license issued by another jurisdiction that has

license requirements that are substantially equivalent to the

license requirements of this state.

(c) The commission shall adopt rules as necessary to implement this section.

Section 1305.1645

License Eligibility Requirements with Military Experience

(a) An electrical contractor, electrical sign contractor , and residential appliance installation contractor shall display the contractor's business name and the number of the license issued by the executive director on each vehicle owned by the contractor.

(b)The information required to be displayed must be:

(1) printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface;

(2) permanently affixed in conspicuous places on both sides of the vehicle.

Section 1305.166

Display of License

(a) This chapter does not prohibit a municipality or region from regulating electricians or residential appliance installers by:

(1) enacting an ordinance requiring inspections;

(2) offering examinations;

(3) issuing municipal or regional licenses; or

(4) collecting permit fees for municipal or regional

licenses and examinations from electricians and appliance

installers for work performed in the municipality or region.

Section 1305.201

Municipal or Regional Regulation

(b) A municipality or region may not require a person to take a municipal or regional examination if that person holds the appropriate license issued under this chapter and is working within the scope of that license.

(c) A municipality may adopt procedures for the: (1) adoption of local amendments to the National Electrical Code;

and(2) administration and enforcement of that code.

(d) Electrical work performed within the corporate limits of a municipality must be installed in accordance with all applicable local ordinances.

Section 1305.201

Municipal or Regional Regulation

(e) Electrical work performed in an unincorporated area of the state must be installed in accordance with standards at least as stringent as the requirements of the state electrical code as adopted under Section 1305.101.

Section 1305.201

Unincorporated Areas

(a) A license to perform electrical work issued by a municipality or region is valid only in the municipality or region or in another municipality or region under a reciprocal agreement.

(b) A person who holds a license to perform electrical work or electrical sign work issued by a municipality or region that elects to discontinue issuing or renewing licenses may apply for an equivalent license under this chapter without complying with the applicable examination requirement if the person:

(1) held the municipal or regional license for the preceding year; and

(2) submits an application for a license under this chapter within 90 days of the date the municipality or region stops issuing or renewing licenses.

Section 1305.202

Scope of Municipal or Regional License

Administrative Rules16 Texas Administrative Code

Chapter 73

(21) On-the-job Training – Training or experience gained under the supervision of an appropriate licensee, as prescribed by Texas Occupations Code 1305, while performing electrical work as defined by Texas Occupations Code, 1305.002(11)

(26) Electro Mechanical Integrity – The condition of an electrical product, electrical system, or electrical equipment installed in accordance with its intended purpose and according to standards at least as strict as the standards provided by the National Electrical Code, the manufacturer’s specifications, any listing or labeling on the product, and all other applicable codes or ordinances.

(27) Journeyman Lineman – An individual who engages in electrical work involving the maintenance and operation of equipment associated with the transmission and distribution of electricity form the electricity’s original source to a substation for further distribution.

Administrative Rule 73.10

Key Definitions

(a) An applicant for a license must submit the required fees with a completed application and the appropriate attachments:

(1) Applicants for Master Electrician, Master sign Electrician, Journeyman Electrician, Journeyman Sign Electrician, Residential Wireman, Journeyman Lineman, and Maintenance Electrician licenses must submit documentation proving the required amount of on-the-job-training.

(2) Applicants for contractor’s license must submit proof of general liability insurance and either workers’ compensation insurance or a certificate of authority to self insure, or a statement that the applicant has elected not to obtain workers’ compensation insurance pursuant to Subchapter A, Chapter 406, Labor code, with the initial and renewal applications.


Applicant and Experience Requirements

(3) Applicants for contractor’s licenses must submit proof of ownership of the business entity and provide documentation of the sponsoring master licensee in a manner prescribed by the department.

(4) An applicant for a journeyman lineman license must submit documentation proving the required amount of training in an apprenticeship program or the required amount of experience as a journeyman lineman.

(b) An applicant must complete all requirements within one year of the date the application is filed.

(c) For purposes of the chapter, 2,000 hours of on the job training shall be the maximum that may be earned within one year.

(d) Each applicant must meet the applicable eligibility requirements as set forth in Texas Occupations Code, 1305.153-1305.1618.


Applicant and Experience Requirements

(a) To obtain a license by examination issued under this chapter:

(1) An individual applicant must submit a completed application, all

necessary documentation, and appropriate fees to the Texas

Department of Licensing and Regulation for review and

determination of examination eligibility.

(2) An individual applicant must achieve a passing score on an

examination approved by the executive director of the Texas

Department of Licensing and Regulation.

(b) To obtain a license without examination, an applicant must have been licensed for the preceding year by a municipality or regional licensing authority that has terminated its licensing program and have applied for a state issued license within ninety days of the date the program stopped issuing or renewing licenses.


Examinations

(a) A license issued under this chapter is valid for one year from the date of issuance and must be renewed annually.

(b) A person shall not perform electrical work requiring a license under Title 8, Texas Occupations Code, Chapter 1305 with an expired license.

(c) Falsifying information on an application, obtaining a license by fraud or false representation, or cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.


Licensing - General Requirements

(b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, journeyman lineman or maintenance electrician must complete four hours of continuing education in:

(1) the National Electrical Code, as adopted under Title 8,

Occupations Code §1305.101, or the current version of the

National Electrical Code, as approved by the National Fire

Protection Association (NFPA);

(2) state law and rules that regulate the conduct of licensees; and

(3) safety as defined in the National Fire Protection Association

(NFPA) 70E.


Continuing Education

(h) To register an apprenticeship training program with the department, a program must:

(1) file a completed application in a form approved by the department;

(2) provide proof to the department that the program is:

(A) recognized by the Texas Workforce Commission or the Texas Higher Education Coordinating Board;

(B) registered with the United States Department of Labor; or

(C) a competency-based standardized craft-training program that meets the training program standards of the United States Department of Labor Office of Apprenticeship; …



(i) A department-registered apprentice training program must maintain the following documents for 24 months after a participant is no longer enrolled in the program:

(1) participant’s program application;

(2) proof of participant’s program completion;

(3) participant’s leave of absence, resignation or termination; and

(4) other documentation effecting participant’s enrollment.

(j) A department-registered apprentice training program must submit to the department proof of a participant’s change in enrollment status within two days of the change. The proof must be in a form approved by the department.



(k) A department-registered apprentice training program must comply with the requirements of the Act and this chapter and must maintain the requirement of subsection (h)(2).

(l) A department-registered apprentice training program must annually notify the department, in a form approved by the department, of its intention to continue as a registered program.

(m) A department-registered apprentice training program must immediately notify the department if it ceases to be registered. The notice must be in a form approved by the department.

(n) The provisions listed in subsections (b)(3), (c), and (d) are effective for licenses that expire on or after September 1, 2010.



(a) Application fees:

(1) Master Electrician--$45

(2) Master Sign Electrician--$45

(3) Journeyman Electrician--$30

(4) Journeyman Sign Electrician--$30

(5) Journeyman Lineman Electrician--$30

(6) Residential Wireman--$20

(7) Maintenance Electrician--$20

(8) Electrical Contractor--$110

(9) Electrical Sign Contractor--$110

(10) Electrical Apprentice--$20

(11) Electrical Sign Apprentice--$20

(12) Residential Appliance Installer--$30

(13) Residential Appliance Installation Contractor--$110

(14) Apprentice Training Program Registration--$95


What Are the License Fees?

(b) Renewal fees for licenses expiring on or after February 1, 2014:(1) Master Electrician - $45(2) Master Sign Electrician - $45(3) Journeyman Electrician - $30(4) Journeyman Sign Electrician - $30(5) Journeyman Lineman Electrician - $30(6) Residential Wireman - $20(7) Maintenance Electrician - $20(8) Electrical Contractor - $110(9) Electrical Sign Contractor - $110(10) Electrical Apprentice - $20(11) Electrical Sign Apprentice - $20(12) Residential Appliance Installer - $30(13) Residential Appliance Installation Contractor - $110



(c) Late Renewal Fees. Late renewal fees for licenses issued under this chapter are provided under section 60.83 of this title (relating to Late Renewal Fees).

(d) Revised/Duplicate License/Certificate/Permit/Registration fees:(1) All licenses except as set out below -- $25(2) Electrical Apprentice -- $20(3) Electrical Sign Apprentice -- $20(4) Residential Wireman -- $20

(5) Maintenance Electrician -- $20

(e) All fees are non-refundable.



Effective September 1, 2014 the Department adopts the National Electrical Code, 2014 Edition as it existed on August 21, 2013, as adopted by the National Fire Protection Association, Inc.


Technical Requirements

Frequently Asked Questions

Q. I live/work in an unincorporated area. Do I need a license?

A. Yes.

Q. Where will a state license allow me to work?

A. A state license is valid anywhere in Texas.


Q Are there any vision acuity requirements for the electrician’s license

in Texas? Does the law require 20/20 or 20/40 vision?

A No.

Q Are there any insurance requirements for a licensee?

A Yes, for Electrical Contractors, Electrical Sign Contractors, and

Residential Appliance Installation Contractors. The requirements

are as follows:

(1) Minimum $300,000 per occurrence (combined for property damage

and bodily injury); (2) Minimum $600,000 aggregate (total amount the policy will pay for

property damage and bodily injury coverage); and

(3) Minimum $300,000 aggregate for products and completed operations.

For additional requirements, please see Administrative Rule 73.40


TDLR WEB SITE INFORMATION www.tdlr.texas.govwww.tdlr.texas.gov

Electrician program screen:http://www.tdlr.texas.gov/electricians/elec.htm

Law and Rules:http://www.tdlr.texas.gov/electricians/eleclaw.htm http://www.tdlr.texas.gov/electricians/elecrules.htm

FAQ’s - Frequently Asked Questions:http://www.tdlr.texas.gov/electricans/elecfaq.htm

To sign up for updates or to access your subscriber settings: http://public.govdelivery.com/accounts/TXDLR/subscriber/new

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TDLR Sample CE Electrician Law & Rules