PRINTER'S NO. 2600
No. 2076 Session of 1991
INTRODUCED BY VEON, STURLA, BELFANTI, COLAFELLA, STABACK,
GODSHALL, JAROLIN, TRICH, TIGUE, FAJT, KOSINSKI, RAYMOND,
JOSEPHS, FEE, CORRIGAN, MUNDY, KRUSZEWSKI, PERZEL, KUKOVICH,
ADOLPH, BATTISTO, E. Z. TAYLOR, LAUGHLIN, MELIO, OLASZ,
McNALLY AND BELARDI, OCTOBER 22, 1991
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
OCTOBER 22, 1991
AN ACT
1 Providing for the regulation and licensure of electrical
2 contractors; establishing the Advisory Council on Electrical
3 Contractors and providing for its powers and duties; making
4 an appropriation; and providing penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. Advisory Council.
9 Section 4. Powers and duties of council.
10 Section 5. License required.
11 Section 6. Qualifications for license.
12 Section 7. Issuance of license.
13 Section 8. Exemption from examination.
14 Section 9. Refusal, suspension and revocation of license.
15 Section 10. Reinstatement of license.
16 Section 11. Reporting of multiple licensure.
17 Section 12. Surrender of suspended or revoked license.
1 Section 13. Death or disability of licensed electrical
2 contractor.
3 Section 14. Transferability of license.
4 Section 15. Powers of municipalities.
5 Section 16. Exempt work or construction.
6 Section 17. Penalties.
7 Section 18. License renewal; records and fees.
8 Section 19. Subpoenas.
9 Section 20. Unlawful practice.
10 Section 21. Regulations.
11 Section 22. Appropriation.
12 Section 23. Effective date.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Electrical
17 Contractors Licensing Act.
18 Section 2. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Council." The Advisory Council on Electrical Contractors in
23 the Department of Labor and Industry.
24 "Department." The Department of Labor and Industry of the
25 Commonwealth.
26 "Electrical contractor." An individual who supervises
27 electrical services, including, but not limited to, the
28 installation, erection, repair or alteration of electrical
29 equipment for the generation, transmission or utilization of
30 electrical energy.
19910H2076B2600 - 2 -
1 "Secretary." The Secretary of Labor and Industry of the
2 Commonwealth.
3 Section 3. Advisory Council.
4 (a) Creation.--There is hereby created the Advisory Council
5 on Electrical Contractors in the Department of Labor and
6 Industry. The council shall be composed of seven members, as
7 follows:
8 (1) Five members appointed by the secretary, with at
9 least two members appointed under this paragraph
10 representative of electrical contractor management and at
11 least two members appointed under this paragraph
12 representative of electrical contractor collective bargaining
13 units.
14 (2) The chairman of the Labor and Industry Committee of
15 the Senate.
16 (3) The chairman of the Labor Relations Committee of the
17 House of Representatives.
18 (b) Chairperson.--The secretary shall designate a member of
19 the council to serve as chairperson.
20 (c) Meetings.--The council shall meet at the call of the
21 chairperson and, additionally, upon the request of four members
22 of the council.
23 (d) Designees.--A member of the council may appoint a
24 designee to represent that member and to vote on matters on that
25 member's behalf.
26 Section 4. Powers and duties of council.
27 The council shall have the power, and its duty shall be to:
28 (1) Monitor electrical contractor licensing operations.
29 (2) Review laws, rules and regulations concerning the
30 profession of electrical contracting.
19910H2076B2600 - 3 -
1 (3) Recommend to the General Assembly and the secretary
2 legislation relating to the regulation of electrical
3 contractors.
4 (4) Recommend to the secretary rules, regulations and
5 department operating procedures as may be necessary to carry
6 out the provisions of this act.
7 (5) Issue an annual statement that provides information
8 about electrical contractor licensing operations under this
9 act.
10 Section 5. License required.
11 An individual may not perform electrical contracting services
12 unless the individual has obtained a license from the
13 department. The individual so licensed shall assume full
14 responsibility for all of the electrical work performed under
15 his supervision, in accordance with recognized safety standards.
16 Section 6. Qualifications for license.
17 An individual may not be granted an electrical contractor's
18 license unless he submits proof satisfactory to the department
19 that:
20 (1) He has been employed or engaged in the business of
21 electrical construction and installation or has equivalent
22 practical experience for a period of not less than five years
23 preceding the time of application, or shall otherwise
24 establish, pursuant to regulations promulgated by the
25 department, that he has the necessary education and
26 experience to take the examination for a license.
27 (2) He has passed an examination adopted by the
28 department.
29 (3) His application has been accompanied by an
30 application fee specified by regulation.
19910H2076B2600 - 4 -
1 (4) He has not been convicted of a felony under the act
2 of April 14, 1972 (P.L.233, No.64), known as The Controlled
3 Substance, Drug, Device and Cosmetic Act, or of an offense
4 under the laws of another jurisdiction, which, if committed
5 in this Commonwealth, would be a felony under The Controlled
6 Substance, Drug, Device and Cosmetic Act, unless:
7 (i) at least ten years have elapsed from the date of
8 conviction;
9 (ii) the applicant satisfactorily demonstrates to
10 the department that he has made significant progress in
11 personal rehabilitation since the conviction, such that
12 licensure of the applicant should not be expected to
13 create a substantial risk of harm to the health and
14 safety of the public or a substantial risk of further
15 criminal violations; and
16 (iii) the applicant otherwise satisfies the
17 qualifications contained in or authorized by this act. As
18 used in this paragraph, the term "convicted" shall
19 include a judgment, an admission of guilt or a plea of
20 nolo contendere.
21 Section 7. Issuance of license.
22 The department shall issue a license to each individual who
23 meets the licensure requirements of this act.
24 Section 8. Exemption from examination.
25 The requirement of section 6(2) shall not apply and a license
26 shall be issued without examination to an individual who has
27 submitted an application for license, accompanied by the
28 required fee, within two years after the effective date of this
29 act, who is a resident of this Commonwealth, who has submitted
30 proof of being employed or engaged in the business of electrical
19910H2076B2600 - 5 -
1 contracting within this Commonwealth for a period of at least
2 six years prior to the effective date of this act and whose
3 principal business for at least two years immediately preceding
4 the date of application has been that of an electrical
5 contractor.
6 Section 9. Refusal, suspension and revocation of license.
7 (a) Grounds.--The department may refuse, suspend, revoke,
8 limit or restrict a license or reprimand a licensee for any of
9 the following:
10 (1) Securing a license by fraud, deceit or
11 misrepresentation, or willfully deceiving an agent of the
12 department.
13 (2) Being unfit or unable to engage in electrical
14 contracting because of the use of alcoholic beverages,
15 controlled substances or other substance which impairs the
16 intellect or judgment to such an extent as to impair the
17 performance of professional duties.
18 (3) Engaging in false, deceptive or fraudulent business
19 activities, or in misleading advertising practices.
20 (4) Violating a provision of this act or regulation of
21 the department.
22 (5) Committing an act of gross negligence or
23 incompetence or knowingly authorizing such an act by his
24 employee.
25 (6) Failing to properly supervise employees in
26 compliance with the recognized electrical safety standards of
27 the National Electrical Code then in effect and the standards
28 of the municipality in which the work is performed, or
29 knowingly authorizing an unlicensed individual to assume
30 responsibility for supervisory work.
19910H2076B2600 - 6 -
1 (7) Failing to secure an inspection of electrical
2 construction as required by law.
3 (8) Failing to perform electrical construction in
4 conformance with standards of the National Electrical Code
5 then in effect and the standards, if any, of the municipality
6 wherein the work is performed.
7 (9) Being convicted of a felony in a Federal court or
8 the courts of this Commonwealth or any other state, territory
9 or country.
10 (10) Being convicted of a misdemeanor related to the
11 practice of electrical contracting in the courts of this
12 Commonwealth or any other state or territory. As used in this
13 section, the term "convicted" includes a finding or verdict
14 of guilt, an admission of guilt or a plea of nolo contendere,
15 or receiving probation without verdict, disposition in lieu
16 of trial or an accelerated rehabilitative disposition in the
17 disposition of felony charges.
18 (11) Having a license to perform electrical contracting
19 suspended, revoked or refused or receiving other disciplinary
20 action by the proper licensing authority of any other state.
21 (b) Department action.--When the department finds that the
22 license or application for license of an individual may be
23 refused, revoked, restricted or suspended under the terms of
24 subsection (a), the department may:
25 (1) Deny the application for a license.
26 (2) Administer a public reprimand.
27 (3) Revoke, suspend, limit or otherwise restrict a
28 license as determined by the department.
29 (4) Suspend enforcement of its findings thereof and
30 place a licensee on probation with the right to vacate the
19910H2076B2600 - 7 -
1 probationary order for noncompliance.
2 (5) Restore a suspended license and impose disciplinary
3 or corrective measures which it might originally have
4 imposed.
5 (c) Hearing.--All actions of the department shall be taken
6 subject to the right of notice, hearing and adjudication and the
7 right of appeal therefrom in accordance with 2 Pa.C.S. (relating
8 to administrative law and procedure).
9 (d) Automatic suspension.--A license issued under this act
10 shall automatically be suspended upon the legal commitment of a
11 licensee to an institution because of mental incompetence from
12 any cause upon filing with the department a certified copy of
13 such commitment, or for conviction of a felony under the act of
14 April 14, 1972 (P.L.233, No.64), known as The Controlled
15 Substance, Drug, Device and Cosmetic Act, or conviction of an
16 offense under the laws of another jurisdiction, which, if
17 committed in this Commonwealth, would be a felony under The
18 Controlled Substance, Drug, Device and Cosmetic Act. Automatic
19 suspension under this section shall not be stayed pending an
20 appeal of conviction. Restoration of a license shall be made as
21 provided in this act for revocation or suspension of a license.
22 (e) Definition.--As used in this section, the term
23 "conviction" means a judgment, an admission of guilt or a plea
24 of nolo contendere.
25 Section 10. Reinstatement of license.
26 Unless otherwise ordered to do so by Commonwealth Court or an
27 appeal therefrom, the department shall not reinstate a revoked
28 license. An individual whose license has been revoked may apply
29 for reinstatement, after a period of at least five years, but
30 must meet all of the licensing qualifications of this act,
19910H2076B2600 - 8 -
1 including the examination requirement, if the individual desires
2 to practice after the revocation.
3 Section 11. Reporting of multiple licensure.
4 A licensed electrical contractor of this Commonwealth who is
5 also licensed by any other state shall report this information
6 to the department on the biennial renewal application.
7 Disciplinary action taken by any other state shall be reported
8 to the department on the biennial renewal application, or within
9 90 days of disposition, whichever is sooner. Multiple licensure
10 shall be noted by the department on the licensee's record, and
11 the state shall be notified by the department of disciplinary
12 actions taken against the licensee in this Commonwealth.
13 Section 12. Surrender of suspended or revoked license.
14 The department shall require an individual whose license has
15 been suspended or revoked to return the license in the manner
16 the department directs. An individual who violates this section
17 commits a misdemeanor of the third degree.
18 Section 13. Death or disability of licensed electrical
19 contractor.
20 The department shall promulgate regulations establishing the
21 conditions under which a business may continue to provide
22 contracted services in the event of the death, illness or
23 disability of the licensed electrical contractor previously
24 responsible for the work of the business, consistent with the
25 provisions of section 5.
26 Section 14. Transferability of license.
27 No license issued under this act shall be assignable or
28 transferable.
29 Section 15. Powers of municipalities.
30 (a) Municipal ordinances preserved.--Nothing in this act
19910H2076B2600 - 9 -
1 shall supersede the power of a municipality to inspect
2 electrical work or equipment or to regulate the manner in which
3 electrical work shall be done, and to levy lawful taxes and
4 fees, but no municipality shall require an electrical contractor
5 licensed under this act to obtain a municipal license to engage
6 in electrical contracting in the municipality. Nothing in this
7 act is intended to preclude municipalities from denying or
8 revoking local permits for failure to comply with local
9 ordinances not inconsistent with this act or regulations of the
10 department.
11 (b) Failure to comply with local ordinance.--A licensee who
12 willfully fails to comply with a municipal ordinance concerning
13 the inspection of electrical work shall be subject to
14 disciplinary proceedings under this act.
15 Section 16. Exempt work or construction.
16 (a) Exemptions enumerated.--Electrical work or construction
17 which is performed on the following facilities or which is by or
18 for the following entities shall not be included within the
19 business of electrical contracting so as to require a license
20 under this act:
21 (1) Minor repair work, such as replacement of lamps and
22 fuses, existing wall switches, plug-in receptacles on
23 existing outlets and sockets on existing incandescent
24 fixtures.
25 (2) The connection of portable electrical appliances to
26 suitable permanently installed receptacles.
27 (3) The testing, servicing or repairing of electrical
28 equipment or apparatus.
29 (4) Electrical work in mines or on ships, railway cars,
30 elevators, escalators or automotive equipment.
19910H2076B2600 - 10 -
1 (5) Electrical work done by or for a public utility,
2 cooperative or municipality, when the work is a part of the
3 plant or services used in the generation, supplying,
4 transmission and distribution of electricity or in the
5 provision of communication service to the public.
6 (6) A railway utility in the exercise of its functions
7 as a utility and located in or on buildings or premises used
8 exclusively by the utility.
9 (7) Commercial radio and television transmission
10 equipment.
11 (8) Construction by a branch of the Federal Government.
12 (9) Work with a load potential not regulated by the
13 National Electrical Code.
14 (10) Repair, manufacturing and maintenance work on
15 premises occupied by a firm or corporation and performed by a
16 regular employee who is a qualified journeyman electrician.
17 (11) Installation, repair or maintenance performed by
18 regular employees of the Commonwealth, or of a political
19 subdivision or municipal authority, on the premises owned or
20 occupied by the Commonwealth, political subdivision or
21 authority.
22 (12) The maintaining, installing or connecting of
23 automatic oil, gas or coal burning equipment, heat pumps or
24 similar heating equipment, or gasoline or diesel oil
25 dispensing equipment, and the lighting in connection
26 therewith, to a supply of adequate size at the load site of
27 the distribution board.
28 (13) Work performed by an individual on a building that
29 is owner-occupied solely as a residence for the individual,
30 but limited to one single family, or for an immediate family
19910H2076B2600 - 11 -
1 member or members.
2 (14) Work performed on the residence and other buildings
3 on premises dedicated to an agricultural use, by an
4 individual who owns and resides on the premises, or by an
5 immediate family member or members.
6 (b) Other exemptions.--The department may also promulgate
7 regulations to exempt from this act other electrical activities
8 of like character.
9 Section 17. Penalties.
10 (a) Criminal penalty.--A person who violates this act
11 commits a misdemeanor of the third degree and shall, upon
12 conviction, be sentenced to pay a fine of up to $1,000 or to
13 imprisonment for not more than 90 days, or both.
14 (b) Civil penalty.--In addition to any other civil remedy or
15 criminal penalty provided for in this act, the department may
16 levy a civil penalty of up to $1,000 on a current licensee who
17 violates a provision of this act or on an individual who holds
18 himself out as a licensed electrical contractor without being so
19 licensed pursuant to this act. The department shall levy this
20 penalty only after affording the accused party the opportunity
21 for a hearing, as provided in 2 Pa.C.S. (relating to
22 administrative law and procedure).
23 (c) Disposition.--The fines and civil penalties imposed in
24 accordance with this section shall be paid into the Professional
25 Licensure Augmentation Account and shall be dedicated to and are
26 hereby appropriated for the use of the department in carrying
27 out the provisions of this act.
28 Section 18. License renewal; records and fees.
29 (a) Renewal term.--The renewal of a license shall be on a
30 biennial basis.
19910H2076B2600 - 12 -
1 (b) Records.--A record of individuals licensed to practice
2 as electrical contractors in this Commonwealth shall be kept in
3 the office of the department and shall be open to public
4 inspection and copying upon payment of a nominal fee for copying
5 the record.
6 (c) Fees.--Fees required pursuant to this act shall be fixed
7 by the department by regulation and shall be subject to the act
8 of June 25, 1982 (P.L.633, No.181), known as the Regulatory
9 Review Act. If the revenues raised by fees, fines and civil
10 penalties imposed pursuant to this act are not sufficient to
11 meet expenditures over a two-year period, the department shall
12 increase those fees by regulation so that the projected revenues
13 will meet or exceed projected expenditures.
14 Section 19. Subpoenas.
15 (a) Power to issue.--The department shall have the authority
16 to issue subpoenas, upon application of an attorney responsible
17 for representing the Commonwealth in disciplinary matters before
18 the department, for the purpose of investigating alleged
19 violations of disciplinary provisions administered by the
20 department. The department shall have the power to subpoena
21 witnesses, to administer oaths, to examine witnesses and to take
22 testimony or compel the production of books, records, papers and
23 documents it may deem necessary or proper in, and pertinent to,
24 a proceeding, investigation or hearing held or had by it. Client
25 records may not be subpoenaed without consent of the client or
26 without order of a court of competent jurisdiction on a showing
27 that the records are reasonably necessary for the conduct of the
28 investigation. The court may impose limitations on the scope of
29 the subpoena necessary to prevent unnecessary intrusion into
30 client confidential information. The department is authorized to
19910H2076B2600 - 13 -
1 apply to Commonwealth Court to enforce its subpoenas.
2 (b) Notification of department.--An attorney responsible for
3 representing the Commonwealth in disciplinary matters before the
4 department shall notify the department immediately upon
5 receiving notification of an alleged violation of this act. The
6 department shall maintain current records of all reports of
7 alleged violations and periodically review the records for the
8 purpose of determining that each alleged violation has been
9 resolved in a timely manner.
10 Section 20. Unlawful practice.
11 (a) Unlawful practice prohibited.--It is unlawful for an
12 individual to hold himself out as a licensed electrical
13 contractor without possessing a valid, unexpired, unrevoked and
14 unsuspended license issued under this act.
15 (b) Injunction.--Unlawful practice may be enjoined by the
16 courts upon petition of the department. In a proceeding under
17 this section, it shall not be necessary to show that a person is
18 individually injured by the actions complained of. If the court
19 finds that the respondent has violated this section, it shall
20 enjoin him from so practicing until he has been licensed.
21 Procedure in such cases shall be the same as in any other
22 injunction suit.
23 (c) Remedy cumulative.--The injunctive remedy provided in
24 this section shall be in addition to any other civil or criminal
25 prosecution and punishment.
26 Section 21. Regulations.
27 The department shall adopt, and from time to time, revise
28 rules and regulations necessary to carry into effect provisions
29 of this act.
30 Section 22. Appropriation.
19910H2076B2600 - 14 -
1 The sum of $85,000, or as much thereof as may be necessary,
2 is hereby appropriated to the Department of Labor and Industry
3 for the fiscal year July 1, 1991, to June 30, 1992, for the
4 payment of costs of processing licenses and renewals and for
5 other general costs of operations relating to this act. The
6 appropriation granted shall be repaid by the department within
7 three years of the beginning of issuance of licenses by the
8 department.
9 Section 23. Effective date.
10 This act shall take effect in 60 days.
G30L63BIL/19910H2076B2600 - 15 -