DEPARTMENT OF STATE

Division of Professional Regulation

1400 Board of Electrical Examiners

24 DE. Admin. Code 1400

Statutory Authority: 24 Delaware Code,

Section 1406(a)(1) (24 Del.C. §1406(a)(1)

FINAL

ORDER

A public hearing was held to receive comments on July 6, 2004 at the regularly scheduled meeting of the Board of Electrical Examiners. The Board considered changes to its rules and regulations that were published in the Register of Regulations, Vol. 8, Issue 12 , June 1, 2005.

Summary of the Evidence and Information Submitted

No written were received. The verbal comment follows:

Rob Smith of the First State Inspection Agency had comments related to proposed Rules 14.1 and 14.4. He questioned who would be responsible for policing the work performed by homeowners to insure that the homeowner performed the work as required under proposed Rule 14.1. He also thought that proposed Rule 14.4 was ambiguous and he offered language that would clarify the work that a mobile homeowner could perform under a homeowner’s permit.

Findings of Fact with Respect to the Evidence and Information

The Board recognized that there was no policing mechanism for homeowners who obtained permits to do their own electrical work. The change makes it clear to the homeowner that he or she is required to do the work with a homeowner’s permit. There is a statement on the application that the homeowner signs verifying that he or she is performing the work.

The Board agrees that Rule 14.4 relating to electrical work by owners of mobile homes that occupy leased lots should be clarified as suggested. Proposed Rule 14.4 is amended to read as follows:

“14.4 A homeowner’s permit issued for a mobile home on a leased lot authorizes feeder installation for the mobile home itself and it does not include the installation or repair of service equipment.”

The Board finds that the proposed amendment is not substantive but rather a clarification of the proposed rule.

Decision and Effective Date

The Board of Electrical Examiners hereby adopts the Rules and Regulations as amended to be effective 10 days following final publication in the Register of Regulations.

Text and Citation

The text of the Rules and Regulations appears in the Register of Regulations at 8 DE Reg 1652 (06-01-05) with the substitution of the amended Rule 14.4 noted above.

BOARD OF ELECTRICAL EXAMINERS

Jacob Good, President

Shirley Good C. Leroy James

Donald King James Anderson

Steven Dignan Donald Collins

1400 Board of Electrical Examiners

1.0 License Required

1.1 No person shall perform electrical services or represent themselves as qualified to perform electrical services without first having been duly licensed unless specifically excepted by statute. 24 Del.C. §§1407, 1419

1.2 To perform “electrical services” or “electrical work” means to plan, estimate, layout, perform, or supervise the installation, erection, or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device, or fixture for the purpose of lighting, heating, or power in or on any structure or for elevators, swimming pools, hot tubs, electric signs, air conditioning, heating, refrigeration, oil burners, and overhead and underground primary distribution systems.

1.3 A license is not required for servicing equipment in the fields of heating, air conditioning, refrigeration or appliances.

1.4 A licensee under this chapter shall perform all electrical services or electrical work in accordance with the standards established in the National Electric Code (NEC) as adopted by the Delaware Fire Commission and in any applicable local building code. The version of the NEC applicable to a particular project is determined by the Delaware Fire Commission.

1.5 Every individual who receives a license shall prominently display the words “Licensed Electrician” and the license number on the exterior of all vehicles used for work in not less than three inch letters and numbers. This section is satisfied by any abbreviation readily understood to mean “Licensed Electrician” such as “Lic. Elec.” along with the license number.

7 DE Reg. 1167 (3/1/04)

7.0 Expiration and Renewal

7.1 Beginning in 2002, all licenses expire June 30 and biennially every two years thereafter. The biennial licenses granted by the Board shall automatically terminate on June 30th of each even numbered year or on such other date as is specified by the Division of Professional Regulation. It is the responsibility of the licensee to file a renewal application with the Board. The failure of the Board to notify a licensee of his/her expiration date does not in any way relieve the licensee of the requirements of filing a renewal application with the Board.

7.2 As a condition of renewal, each applicant must show proof of continuing education as required in the Rules and Regulations. Extra continuing education hours do not carry over to the next licensing period. Renewal applications will be audited by the Board for compliance with the continuing education requirements.

7.3 A license is expired when a licensee has failed to either complete the requirements for renewal or obtain permission for inactive status. A licensee may activate an expired license within one year of the date the renewal application was due by meeting all requirements and paying an additional fee set by the Division of Professional Regulation.

7.4 A licensee with a valid license may request in writing to be placed on inactive status. An inactive status can be effective for up to two years and renewed biennially by application to the Division upon proof of 10 hours of continuing education. Said license may be reactivated by the Board upon written request, proof of insurance, and payment of a prorated fee to be computed by the Division of Professional Regulation.

7.5 A licensee is not authorized to work as a licensed electrician in this State during the period of inactive status.

7.6 An individual whose license has expired for more than one year must reapply as a new applicant. Any prior training and experience satisfies the requirements under 24 Del.C. §1408(a). However, the applicant must take the examination required by §1408(5) again and achieve a passing score.

4 DE Reg. 1788 (5/1/01)

14.0 Homeowners Permits

14.1 The Division of Professional Regulation is authorized to issue homeowners’ permits pursuant to an application process approved by the Board. Generally homeowner’s permits are not required for replacement in kind but are required for new construction, renovation, and any work that requires a building permit. Only owner-occupants who perform the work themselves qualify for homeowners’ permits.

14.2 Homeowners’ permits are required for new construction, renovation, and any work that requires a building permit. Generally, homeowners’ permits are not required for replacement in kind.

14.2 14.3 A homeowner shall not be permitted to install his or her own internal wiring, electrical work or equipment associated with a hot tub or a swimming pool.

14.4 A homeowner’s permit issued for a mobile home on a leased lot authorizes [feeder installation for the mobile home itself and it does not include the installation or repair of service equipment. electrical services for the mobile home itself and does include hook-up to the pole.]

14.5 A homeowner’s permit is not authorized until a dwelling is on the site or under construction.

14.6 For the purposes of this section, evidence of homeownership can be a:

14.6.1 deed to the property;

14.6.2 a long term lease, e.g. 99 years, if the site of the dwelling is part of a community where title to the land is not conveyed by deed to the homeowner.

14.6.3 the title to a mobile home;

14.6.4 a written contract of sale, signed by the parties, for a mobile home that includes the names of the buyer, seller, contract price, date of sale, and identification number of the mobile home.

14.7 If a homeowner’s permit is approved for a dwelling on a lot, other structures on the same lot, such as a non-commercial garage, are also covered unless otherwise prohibited under this section.

4 DE Reg. 1788 (5/1/01)

9 DE Reg. 260 (08/01/05) (Final)

*Please Note: As the rest of the sections were not amended they are not being published. A complete set of the rules and regulations for the Board of Electrical Examiners is available at: http://dpr.delaware.gov/boards/electrician/index.shtml.