PRINTER'S NO. 1192
No. 1009 Session of 2007
INTRODUCED BY CAPPELLI, BELFANTI, CALTAGIRONE, DeLUCA, GRUCELA,
HERSHEY, W. KELLER, KIRKLAND, M. O'BRIEN, RAYMOND, REICHLEY,
SOLOBAY, SURRA, WALKO AND YUDICHAK, APRIL 5, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 5, 2007
AN ACT
1 Providing for the licensing of electrical contractors;
2 establishing the State Board of Electrical Contractors;
3 providing for powers and duties of the State Board of
4 Electrical Contractors; and making an appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. State Board of Electrical Contractors.
9 Section 4. Powers and duties of State Board of Electrical
10 Contractors.
11 Section 5. Application and exemptions.
12 Section 6. License required.
13 Section 7. Qualifications required for licensure.
14 Section 8. Master electrician.
15 Section 9. Master sign electrician.
16 Section 10. Journeyman electrician.
17 Section 11. Journeyman sign electrician.
18 Section 12. Residential wireman.
1 Section 13. Maintenance electrician.
2 Section 14. Electrical contractors.
3 Section 15. Electrical sign contractor.
4 Section 16. Apprentices.
5 Section 17. Emergency license.
6 Section 18. Examinations.
7 Section 19. Examination results.
8 Section 20. Examination exemption.
9 Section 21. Nonresident license applicant.
10 Section 22. Licenses.
11 Section 23. Display of license.
12 Section 24. License renewal.
13 Section 25. Continuing education.
14 Section 26. Violations.
15 Section 27. Refusal, suspension or revocation of license.
16 Section 28. Suspensions and revocations.
17 Section 29. Appropriation and repayment.
18 Section 30. Severability.
19 Section 31. Regulations.
20 Section 40. Effective date.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Short title.
24 This act shall be known and may be cited as the Electrical
25 Contractors Licensing Act.
26 Section 2. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Board." The State Board of Electrical Contractors under the
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1 Bureau of Professional and Occupational Affairs within the
2 Department of State.
3 "Commissioner." The Commissioner of Professional and
4 Occupational Affairs.
5 "Department." The Department of State of the Commonwealth.
6 "Electrical Code." The National Electrical Code published by
7 the National Fire Protection Association, as adopted by the
8 State Board of Electrical Contractors.
9 "Electrical contracting." The business of designing,
10 installing, erecting, repairing or altering electrical wires or
11 conductors to be used for light, heat, power or signaling
12 purposes. The term includes the installation or repair of ducts,
13 raceways or conduits for the reception or protection of wires or
14 conductors and the installation or repair of any electrical
15 machinery, apparatus or system used for electrical light, heat,
16 power or signaling.
17 "Electrical contractor." A person engaged in electrical
18 contracting.
19 "Electrical engineer." A person licensed under the act of
20 May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
21 Surveyor and Geologist Registration Law, who possesses the
22 necessary qualifications, training and technical knowledge to
23 perform electrical engineering work in this Commonwealth.
24 "Electrical inspector." A person certified by the
25 International Association of Electrical Inspectors or
26 International Code Council.
27 "Electrical sign contracting." The business of designing,
28 manufacturing, installing, connecting, reconnecting or servicing
29 an electric sign, cold cathode, neon gas tubing or outline gas
30 tubing or altering electrical sign wiring or conductors either
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1 inside or outside a building.
2 "Electrical sign contractor." A person engaged in electrical
3 sign contracting.
4 "Electrical work." Labor or material used in installing,
5 maintaining or extending an electrical wiring system and the
6 appurtenances, apparatus or equipment used in connection with
7 the use of electrical energy in, on, outside or attached to a
8 building, residence, structure, property or premises. The term
9 includes service entrance conductors as defined by the National
10 Electrical Code.
11 "Journeyman electrician." An individual employed by an
12 electrical contractor to perform electrical construction and
13 installation services.
14 "Person." A natural person, firm, corporation or other legal
15 entity.
16 "Residential wireman." A person licensed under this act who
17 may only perform electrical installations in single-family and
18 multifamily dwellings not exceeding four stories.
19 Section 3. State Board of Electrical Contractors.
20 (a) Establishment.--The State Board of Electrical
21 Contractors is established within the Department of State.
22 (b) Composition.--The board shall consist of the following:
23 (1) The commissioner.
24 (2) The Director of the Bureau of Consumer Protection in
25 the Office of the Attorney General or his designee.
26 (3) Two public members.
27 (4) Seven professional members. Professional members
28 shall have been actively engaged in electrical contracting
29 activities in this Commonwealth for at least five years
30 immediately preceding appointment. Except as set forth in
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1 subsection (f), professional members shall be licensed under
2 this act as electrical contractors.
3 (c) Meeting.--The board shall meet within 30 days after the
4 appointment of its first members and shall set up operating
5 procedures and develop application forms for licensure. The
6 board shall circulate the forms and educate the public regarding
7 the requirements of being licensed as an electrical contractor.
8 (d) Appointment and term of membership.--
9 (1) The Governor shall appoint professional and public
10 members with the advice and consent of the Senate.
11 Professional and public members must be citizens of the
12 United States and residents of this Commonwealth.
13 (2) Except as provided in subsection (e), professional
14 and public members shall serve a term of four years or until
15 a successor has been appointed and qualified but in no event
16 longer than six months beyond the four-year period.
17 (3) In the event that a members dies or resigns or
18 otherwise is disqualified during the term of office, a
19 successor shall be appointed in the same way and with the
20 same qualifications and shall hold office for the unexpired
21 term. A professional or public member shall not be eligible
22 to serve more than two consecutive terms.
23 (e) First appointments.--For public and professional members
24 first appointed to the board pursuant to this act, the term of
25 office shall be as follows:
26 (1) Three members shall serve for a term of four years.
27 (2) Two members shall serve for a term of three years.
28 (3) One member shall serve for a term of two years.
29 (f) Professional members and initial appointments.--A
30 professional member initially appointed to the board pursuant to
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1 this act need not be licensed at the time of appointment but, at
2 the time of appointment, must satisfy eligibility requirements
3 for licensure.
4 (g) Quorum.--A majority of the members of the board shall
5 constitute a quorum. A member shall not be counted as part of a
6 quorum or vote on any issue unless the member is physically in
7 attendance at the meeting.
8 (h) Chairman.--The board shall select annually a chairman
9 from among its members. The board, with the approval of the
10 commissioner, shall select and fix the compensation of an
11 executive secretary, who shall conduct the daily operations of
12 the board and administration of the board's activities.
13 (i) Expenses.--Each professional and public member of the
14 board shall receive $60 per diem when actually attending to the
15 work of the board. A member shall also receive the amount of
16 reasonable travel, hotel and other necessary expenses incurred
17 in the performance of his duties in accordance with Commonwealth
18 regulations.
19 (j) Forfeiture.--A public or professional member who fails
20 to attend three consecutive meetings shall forfeit the member's
21 seat unless the commissioner, upon written request from the
22 member, finds that the member should be excused from a meeting
23 because of illness or the death of a family member.
24 (k) Training seminars.--A public member who fails to attend
25 two consecutive statutorily mandated training seminars in
26 accordance with section 813(e) of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929,
28 shall forfeit the member's seat unless the commissioner, upon
29 written request from the public member, finds that the public
30 member should be excused from a meeting because of illness or
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1 the death of a family member.
2 (l) Frequency of meetings.--The board shall meet at least
3 four times a year in the City of Harrisburg and at such
4 additional times as may be necessary to conduct the business of
5 the board.
6 Section 4. Powers and duties of State Board of Electrical
7 Contractors.
8 The board shall have the following powers and duties:
9 (1) To provide for and regulate the licensing of
10 individuals engaged in electrical contracting.
11 (2) To issue licenses, renew licenses, reinstate
12 licenses, fail to renew, suspend and revoke licenses as
13 provided in this act.
14 (3) To administer and enforce the provisions of this
15 act.
16 (4) To investigate applications for licensure and to
17 determine the eligibility of an individual applying for
18 licensure.
19 (5) To promulgate and enforce regulations, not
20 inconsistent with this act, as necessary only to carry into
21 effect the provisions of this act. Regulations shall be
22 adopted in conformity with the provisions of the act of July
23 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
24 Documents Law, and the act of June 25, 1982 (P.L.633,
25 No.181), known as the Regulatory Review Act.
26 (6) To keep minutes and records of all its transactions
27 and proceedings.
28 (7) To submit annually to the department an estimate of
29 financial requirements of the board for its administrative,
30 legal and other expenses.
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1 (8) To submit an annual report to the Consumer
2 Protection and Professional Licensure Committee of the Senate
3 and the Professional Licensure Committee of the House of
4 Representatives. The report shall include a description of
5 the types of complaints received, status of cases, the action
6 which has been taken and the length of time from initial
7 complaint to final resolution.
8 (9) To submit an annual report to the Appropriations
9 Committee of the Senate and the Appropriations Committee of
10 the House of Representatives, 15 days after the Governor has
11 submitted a budget to the General Assembly. The board shall
12 also submit a copy of the budget request for the upcoming
13 fiscal year which the board previously submitted to the
14 department.
15 Section 5. Application and exemptions.
16 (a) Scope of practice.--This act does not apply to:
17 (1) The installation of electrical equipment in a ship,
18 watercraft other than a floating building, railway rolling
19 stock, aircraft, motor vehicle or recreational vehicle.
20 (2) The installation of electrical equipment underground
21 in a mine and in self-propelled mobile surface mining
22 machinery and its attendant electrical trailing cable.
23 (3) The installation of electrical equipment for
24 generation, transformation, transmission or distribution of
25 power used exclusively to operate railway rolling stock or
26 exclusively for signaling and communication purposes.
27 (4) The installation, maintenance, alteration or repair
28 of communications equipment provided by a telecommunications
29 provider.
30 (5) The installation, maintenance, alteration or repair
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1 of electrical equipment under the exclusive control of an
2 electric utility, power generation company, electric
3 cooperative or municipally owned utility and used for
4 communications or metering or for the generation, control,
5 transformation, transmission and distribution of electrical
6 energy and located:
7 (i) in a building used exclusively by a utility or
8 power generation company for those purposes;
9 (ii) outdoors on property owned and leased by the
10 utility or power generation company;
11 (iii) on public highways, streets, roads or other
12 public rights-of-way; or
13 (iv) outdoors by established rights in vaults or on
14 private property.
15 (6) Work not specifically regulated by a municipal
16 ordinance that is performed in or on a dwelling by a person
17 who owns and resides in the dwelling.
18 (7) Work involved in the manufacture of electrical
19 equipment that includes the onsite and offsite manufacturing,
20 commissioning, testing, calibrating, coordinating,
21 troubleshooting or evaluating of electrical equipment, the
22 repairing or retrofitting of electrical equipment with
23 components of the same ampacity, and the maintenance and
24 servicing of electrical equipment within the equipment's
25 enclosure that is performed by an authorized employee of an
26 electrical equipment manufacturer and limited to the type of
27 products manufactured by the manufacturer.
28 (8) Electrical work if:
29 (i) The work is performed by a person who does not
30 engage in electrical work for the public.
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1 (ii) The work is performed by a person regularly
2 employed as a maintenance person or maintenance
3 electrician for a business.
4 (9) The installation, maintenance, alteration or repair
5 of electrical equipment or associated wiring under the
6 exclusive control of a gas utility and used for
7 communications or metering or for the control, transmission
8 or distribution of natural gas.
9 (10) Thoroughfare lighting, traffic signals, intelligent
10 transportation systems and telecommunications controlled by a
11 governmental entity.
12 (11) The design, installation, erection, repair or
13 alteration of Class 1, Class 2 or Class 3 remote control,
14 signaling or power-limited circuits, fire alarm circuits,
15 optical fiber cables or communications circuits, including
16 raceways, as defined by the National Electrical Code.
17 (12) Landscape irrigation installers as necessary to
18 perform the installation and maintenance of irrigation
19 control systems and landscapers as necessary to perform the
20 installation and maintenance of low-voltage exterior lighting
21 and holiday lighting excluding any required power source.
22 (13) Electrical work performed at a business that
23 operates:
24 (i) a chemical plant, petrochemical plant, refinery,
25 natural gas plant, natural gas treating plant, pipeline
26 or oil and gas exploration and production operation by a
27 person who works solely for and is employed by that
28 business; or
29 (ii) a chemical plant, petrochemical plant refinery,
30 natural gas plant or natural gas treatment plant by a
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1 person who under a contract of at least 12 months'
2 duration performs electrical work for that plant.
3 (14) The installation, maintenance, alteration or repair
4 of equipment or network facilities provided or utilized by a
5 cable operator, as that term is defined by 47 U.S.C. § 522
6 (relating to definitions).
7 (15) The location, design, construction, extension,
8 maintenance and installation of onsite sewage disposal.
9 (16) Electrical work performed on a building, structure
10 or equipment in agricultural use, other than the processing
11 of an agricultural commodity.
12 (17) The installation, maintenance, alteration or repair
13 of well pumps and equipment.
14 (18) Electrical work required for the construction and
15 assembly of HUD-code manufactured housing or modular housing
16 and building units, other than the installation of service
17 entrance conductors, if work performed is within the scope of
18 the license as defined by applicable statutes and
19 administrative rules.
20 (b) Buildings used by public utilities.--This act applies to
21 an installation in a building used by a public utility for
22 purposes other than a purpose listed in this section, including
23 an office building, warehouse, garage, machine shop or
24 recreational building that is not an integral part of a
25 generating plant, substation or control center.
26 (c) Construction as to political subdivisions.--
27 (1) This act shall not be construed to require a
28 political subdivision of the Commonwealth, including a school
29 district or a municipality, to hold an electrical contractor
30 license or an electrical sign contractor license under this
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1 act to be authorized to employ a person to perform electrical
2 work for the political subdivision.
3 (2) This act shall not be construed to exempt an
4 employee of a political subdivision from the requirement of
5 holding the appropriate license under this act to perform
6 electrical work.
7 Section 6. License required.
8 (a) General rule.--It shall be unlawful for any person to
9 hold himself forth as a licensed electrical contractor unless
10 that person shall first have obtained a license in accordance
11 with this act. The licensee must assume full responsibility for
12 inspection and supervision of all electrical work to be
13 performed in accordance with recognized safety standards adopted
14 by regulation of the board.
15 (b) Licensing or registration required.--It shall be
16 unlawful for a person to perform work as described in the
17 definition of electrical contracting unless the person is a
18 licensed electrical contractor, licensed journeyman electrician
19 or registered apprentice under this act.
20 Section 7. Qualifications required for licensure.
21 (a) Applicant requirements.--An applicant for a license
22 under this act shall:
23 (1) Submit to the board a completed application on a
24 form prescribed by the board.
25 (2) Submit to the board any other information required
26 by board regulation.
27 (3) Demonstrate to the satisfaction of the board the
28 appropriate amount of electrical work experience as required
29 by this act.
30 (4) Demonstrate the applicant's honesty, trustworthiness
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1 and integrity.
2 (5) Pay the application and examination fees.
3 (b) Application regulations.--The board shall promulgate
4 regulations to establish a process by which it shall evaluate
5 the experience required of applicants for a license under this
6 act.
7 (c) Background examination.--The board may conduct an
8 examination of any criminal conviction of an applicant,
9 including obtaining any criminal history record information
10 permitted by law.
11 Section 8. Master electrician.
12 (a) License.--An applicant for a license as a master
13 electrician must have:
14 (1) Accumulated no fewer than 12,000 hours of on-the-job
15 training under the supervision of a master electrician.
16 (2) Held a journeyman electrician license for at least
17 two years.
18 (3) Passed a master electrician examination administered
19 under this act.
20 (b) Scope of work.--A master electrician may:
21 (1) Perform all electrical work, including electrical
22 work performed by a master sign electrician.
23 (2) Supervise an electrician.
24 (3) Verify compliance with on-the-job training
25 requirements for issuance of a master electrician license,
26 master sign electrician license, journeyman electrician
27 license or journeyman sign electrician license.
28 (4) Serve as master of record for an electrical sign
29 contractor.
30 Section 9. Master sign electrician.
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1 An applicant for a license as a master sign electrician must
2 have:
3 (1) Accumulated at least 12,000 hours of on-the-job
4 training under the supervision of a master sign electrician.
5 (2) Passed a master sign electrician examination
6 administered under this act.
7 Section 10. Journeyman electrician.
8 An applicant for a license as a journeyman electrician must
9 have:
10 (1) Accumulated no fewer than 8,000 hours of on-the-job
11 training under the supervision of a master electrician.
12 (2) Pass a journeyman electrician examination
13 administered under this act.
14 Section 11. Journeyman sign electrician.
15 An applicant for a license as a journeyman sign electrician
16 must have:
17 (1) Accumulated no fewer than 8,000 hours of on-the-job
18 training under the supervision of a master sign electrician.
19 (2) Passed a journeyman sign electrician examination
20 administered under this act.
21 Section 12. Residential wireman.
22 An applicant for a license as a resident wireman must have:
23 (1) Accumulated no fewer than 4,000 hours of on-the-job
24 training under the supervision of a master electrician or
25 residential wireman.
26 (2) Passed an examination for residential wireman
27 administered under this act.
28 Section 13. Maintenance electrician.
29 An applicant for a license as a maintenance electrician must
30 have:
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1 (1) Accumulated no fewer than 8,000 hours of on-the-job
2 training under the supervision of a master electrician or
3 maintenance electrician.
4 (2) Pass a maintenance electrician examination
5 administered under this act.
6 Section 14. Electrical contractors.
7 (a) Applicant requirements.--An applicant for a license as
8 an electrical contractor must:
9 (1) Be licensed under this act as a master electrician
10 or employ a person licensed under this act as a master
11 electrician.
12 (2) Establish proof of financial responsibility in the
13 manner prescribed by the board.
14 (3) Maintain workers' compensation coverage for the
15 contractor's employees through an insurance company
16 authorized to engage in the business of insurance in this
17 Commonwealth or through self-insurance.
18 (b) Limitations on master electricians.--A person who holds
19 a master electrician license issued or recognized under this act
20 may only be assigned to a single electrical contractor unless
21 the master electrician owns more than 50% of the electrical
22 contracting business.
23 Section 15. Electrical sign contractor.
24 (a) Applicant requirements.--An applicant for a license as
25 an electrical contractor must:
26 (1) Be licensed under this act as a master sign
27 electrician or employ a person licensed under this act as a
28 master sign electrician.
29 (2) Establish proof of financial responsibility in the
30 manner prescribed by the board.
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1 (3) Maintain workers' compensation coverage for the
2 contractor's employees through an insurance company
3 authorized to engage in the business of insurance in this
4 Commonwealth or through self-insurance.
5 (b) Limitations on master sign electricians.--A person who
6 holds a master sign electrician license issued or recognized
7 under this act may only be assigned to a single electrical sign
8 contractor unless the master sign electrician owns more than 50%
9 of the electrical sign contracting business.
10 Section 16. Apprentices.
11 (a) Apprentices to electricians.--Except as provided in
12 subsection (b), an applicant for a license as an electrical
13 apprentice must be at least 16 years of age and be engaged in
14 the process of learning and assisting in the installation of
15 electrical work under the supervision of a licensed master
16 electrician.
17 (b) Electrical sign apprentices.--An applicant for a license
18 as an electrical sign apprentice must be at least 18 years of
19 age and be engaged in the process of learning and assisting in
20 the performance of electrical sign work under the supervision of
21 a licensed master sign electrician.
22 (c) Temporary apprentice licenses.--On the request of an
23 applicant for an apprentice license, the board shall issue a
24 temporary apprentice license that expires on the 21st day after
25 the date of issuance to an applicant who meets the
26 qualifications established by the board.
27 (d) Establishment of qualifications.--The board by
28 regulation shall set the fee, establish the qualifications and
29 provide for the issuance of a temporary apprentice license under
30 this section.
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1 Section 17. Emergency license.
2 (a) Emergency licenses.--Subject to subsection (b), the
3 board may issue an emergency license to an application, provided
4 that the emergency license shall expire on the 90th day after
5 the date of issuance.
6 (b) Regulations.--The board may promulgate regulations
7 providing for the extension of an emergency license issued under
8 this section.
9 Section 18. Examinations.
10 (a) Statewide administration.--Examinations required by this
11 act shall be conducted throughout this Commonwealth.
12 (b) Development and content.--The board shall accept,
13 develop or contract for the examination required by this act,
14 including the administration of the examinations. Each
15 examination shall test the knowledge of the applicant about
16 materials and methods used in electrical installations related
17 to the activities that may be performed within each class of
18 license under this act and the standards prescribed by the
19 electrical code.
20 (c) Passing standard.--The board shall determine uniform
21 standards for acceptable performance on an examination.
22 Section 19. Examination results.
23 (a) Notification.--
24 (1) Not later than the 30th day after the date on which
25 an examination is administered under this act, the board
26 shall notify each examinee of the results of the examination.
27 (2) If an examination is graded or reviewed by a
28 national testing service, the board shall notify examinees of
29 the result of the examination not later than the 14th day
30 after the date on which the board receives the results from
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1 the testing service.
2 (b) Delay for notification.--If the notice of the
3 examination results will be delayed for more than 60 days after
4 the examination date, the board shall notify each examinee of
5 the reason for the delay before the 60th day.
6 (c) Request for analysis.--If requested in writing by a
7 person who fails an examination administered under this act, the
8 board shall provide to the person an analysis of the person's
9 performance on the examination.
10 Section 20. Examination exemption.
11 For a period of one year following the effective date of this
12 section, the board may grant licenses without examination to an
13 individual who submits an application for licensure, accompanied
14 by the required fee, with proof that the applicant has satisfied
15 the required number of hours of on-the-job training for the type
16 of license sought.
17 Section 21. Nonresident license applicant.
18 The board may issue a license under this act to an applicant
19 who holds a license in another state and who submits a proper
20 application and pays the required fees if the board determines
21 that the applicant is licensed in a state which has standards of
22 licensure substantially similar to those provisions of this act.
23 Section 22. Licenses.
24 (a) Issuance.--Not later than the 30th day after the date on
25 which the board determines that an applicant has passed the
26 examination required under this act, the board shall issue a
27 license to the applicant if the applicant has complied with the
28 application requirements and paid the fees required by this act.
29 (b) Nontransferability.--A license issued by the board is
30 valid throughout this Commonwealth and is not transferable.
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1 Section 23. Display of license.
2 (a) Display of license.--An electrical contractor and
3 electrical sign contractor shall display the contractor's
4 business name and the number of the license issued by the board
5 on each vehicle owned by the contractor.
6 (b) Required information.--The required information to be
7 displayed is:
8 (1) Letters and numbers that are printed at least two
9 inches high and in a color that contrasts with the color of
10 the background surface.
11 (2) Permanently affixed in a conspicuous place on both
12 sides of the vehicle.
13 Section 24. License renewal.
14 (a) Expiration.--Except as provided in subsection (b), a
15 license shall expire annually on December 31 of each year. It
16 may be renewed annually on payment of the required renewal fee.
17 (b) Fees.--By regulation, the board may adopt a system under
18 which licenses expire on various dates during the year. For the
19 year in which the license expiration date is changed, renewal
20 fees payable on or before December 31 shall be prorated on a
21 monthly basis so that each license holder pays only that portion
22 of the renewal fee that is applicable to the number of months
23 during which the license is valid. On renewal of the license on
24 the new expiration date, the total renewal fee shall be due.
25 (c) Pending expiration.--
26 (1) Not later than the 30th day preceding the expiration
27 date of a person's license, the board shall notify the person
28 in writing, at the person's last known mailing address, of
29 the impending license expiration.
30 (2) A person may renew an unexpired license by paying to
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1 the board, before the license expiration date, the required
2 renewal fee.
3 Section 25. Continuing education.
4 (a) Number of hours.--To renew a master electrician,
5 journeyman electrician, master sign electrician, journeyman sign
6 electrician, maintenance electrician or residential wireman
7 license, the license holder must complete four hours of
8 continuing education annually.
9 (b) Course content.--Continuing education courses that
10 satisfy the requirements of this section shall address the
11 National Electrical Code and Commonwealth laws and regulations
12 that regulate the conduct of license holders under this act.
13 (c) Fee and courses.--By regulation, the board shall approve
14 continuing education courses, online continuing education
15 courses, course content and course providers. The board may
16 promulgate regulations instituting a fee for the administration
17 of the board's duties regarding continuing education.
18 Section 26. Violations.
19 (a) Criminal penalty.--
20 (1) An individual or the responsible officers or
21 employees of a corporation, partnership, firm or other entity
22 violating a provision of this act or a regulation of the
23 board commits a misdemeanor and shall, upon conviction, be
24 sentenced to pay a fine of not more than $1,000, or to
25 imprisonment for not more than six months for the first
26 violation.
27 (2) For a second and each subsequent conviction, an
28 individual shall be sentenced to pay a fine of not more than
29 $2,000, or to imprisonment for not less than six months nor
30 more than one year, or both.
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1 (b) Civil penalty.--In addition to any other civil remedy or
2 criminal penalty provided for in this act, the board, by a vote
3 of the majority of the maximum number of the authorized
4 membership of the board as provided by law or by a vote of the
5 majority of the duly qualified and confirmed membership or a
6 minimum of five members, whichever is greater, may levy a civil
7 penalty of up to $1,000 on any of the following:
8 (1) An electrical contractor who violates a provision of
9 this act.
10 (2) An individual who holds himself out as an electrical
11 contractor without being properly licensed as provided in
12 this act.
13 (3) The responsible officers or employees of a
14 corporation, partnership, firm or other entity violating a
15 provision of this act.
16 (c) Procedure.--The board may levy the civil penalty under
17 subsection (b) only after affording the accused the opportunity
18 for a hearing as provided in 2 Pa.C.S. (relating to
19 administrative law and procedure).
20 Section 27. Refusal, suspension or revocation of license.
21 (a) General rule.--The board may refuse, suspend or revoke a
22 license in a case where the board finds:
23 (1) The licensee is negligent or incompetent in
24 electrical contracting.
25 (2) The licensee has willfully or repeatedly violated
26 any of the provisions of this act or a regulation of the
27 board.
28 (3) The licensee has committed fraud or deceit in
29 securing licensure.
30 (4) The licensee has had a license suspended or revoked
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1 or has received other disciplinary action by the proper
2 licensing authority in another state, territory, possession
3 of the United States or country.
4 (5) With respect to the practice of electrical
5 contracting, the licensee has acted in such a manner as to
6 present an immediate and clear danger to health or safety or
7 property.
8 (6) The licensee possessed, used, acquired or
9 distributed a controlled substance.
10 (b) Authorized acts.--When the board finds that the license
11 of an electrical contractor may be refused, revoked or suspended
12 pursuant to subsection (a), the board may:
13 (1) Deny the application for a license.
14 (2) Revoke, suspend, limit or otherwise restrict a
15 license.
16 (3) Restore or reissue, at its discretion, a suspended
17 license and impose any disciplinary or corrective measure
18 which it might originally have imposed.
19 Section 28. Suspensions and revocations.
20 A suspension or revocation shall be made only in accordance
21 with the regulations of the board and only by majority vote of
22 the members of the board after a full and fair hearing. An
23 action of the board shall be taken subject to the right of
24 notice, hearing and adjudication and the right of appeal, in
25 accordance with the provisions of 2 Pa.C.S. (relating to
26 administrative law and procedure). The board, by majority action
27 and in accordance with its regulations, may reissue a license
28 which has been suspended.
29 Section 29. Appropriation and repayment.
30 The sum of $85,000, or as much as may be necessary, is hereby
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1 appropriated from the Professional Licensure Augmentation
2 Account to the Department of State for the payment of costs
3 associated with processing licenses and renewing licenses, for
4 the operation of the board and for other costs associated with
5 this act. The appropriation shall be repaid by the board within
6 three years of the beginning of issuance of licenses by the
7 board.
8 Section 30. Severability.
9 The provisions of this act are severable. If any provision of
10 this act or its application to any person or circumstance is
11 held invalid, the invalidity shall not affect other provisions
12 or applications of this act which can be given effect without
13 the invalid provision or application.
14 Section 31. Regulations.
15 Within 18 months of the effective date of this section, the
16 board shall promulgate regulations to carry out this act.
17 Section 40. Effective date.
18 This act shall take effect in one year.
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