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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2014

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24 DE Admin. Code 1400
Pursuant to 24 Del.C. §1406(a)(1), the Delaware Board of Electrical Examiners has proposed revisions to its rules and regulations. The rules pertaining to electronic attestation, insurance, continuing education and crimes substantially related to the practice of electrical services are amended to provide current practices at the Division of Professional Regulation and the Board’s desire to expand its crimes list.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be January 22, 2015 which is 15 days following the public hearing.
2.3 Applications approved for testing will be valid for two years from the date approved for examination. If the test is not taken, the application is destroyed. Thereafter, an applicant must resubmit a current application with the appropriate fee.
3.3 The requirement of two years of technical training under 24 Del.C. §1408 (a)(1)(c) can be met by successful completion of two years of technical training related to electrical technology in a vocational/technical high school or by completion of 48 credit hours in technical training related to electrical technology at an accredited post-secondary school.
3.4 The experience necessary under 24 Del.C. §1408 to qualify for a particular license must relate to the activity authorized by such a license as defined in 24 Del.C. §1402(10) - (13).
6.1 Licensees with the exception of Journeypersons and Apprentice Electricians shall maintain general liability insurance of at least $300,000.00. Master Special Elevator Electricians do not need general liability insurance if the contractor has general liability insurance. Proof of insurance must be submitted with licensure applications and maintenance of the required insurance shall be attested to in the course of each licensure renewal.
7.2.1 Renewal applications will be randomly audited by the Board to ensure their accuracy. Licensees selected for random audit will be notified of that selection within 60 days after the renewal deadline. Licensees must then submit verification of their receipt of the notification of audit within 10 days submit the documentation requested by the date indicated on the audit notice.
7.2.2 As a condition of renewal, applicants must attest to completion of continuing education (CE) as required by Regulation 8.0 and list all CE course names and approval numbers. Applicants and must also attest to maintenance of the liability insurance required by Regulation 6.0 and indicate the name of their insurer and their policy number. Attestation may shall be completed electronically if renewal is accomplished online. Alternatively, paper renewal documents containing the CE and insurance attestations may be submitted. Licensees selected for random audit will be required to supplement their attestations with documentation of CE attendance and maintenance of insurance coverage.
7.4 A licensee with a valid license may request in writing to be placed on inactive status. Inactive status can be renewed biennially electronically on a biennial basis by application to the Division upon proof of 10 hours of CE attestation of completing the required CE for licensure. Inactive licenses may be reactivated by the Board upon written request with proof of insurance and payment of a prorated the appropriate fee set by the Division.
7.6 An individual whose license has expired for more than one year must reapply as a new applicant. Any prior training and experience can be used to satisfy the requirements under 24 Del.C. §1408(a). However, the applicant must take the examination required by §1408(5) and achieve a passing score unless he or she previously passed an approved licensure test that covered the National Electric Code that is the standard in Delaware at the time of the new application.
8.2 Courses must be approved by the Board in order to qualify as CE. Approved courses appear on the website of the Division of Professional Regulation at Licensees may also contact the Administrative Assistant Specialist of the Board at the Division of Professional Regulation to determine whether particular courses have been approved.
8.2.2 Sponsors or licensees can obtain Board approval of courses at any time by completing a form approved by the Board and including a course outline with the number of classroom hours and showing breakdown of time allotted for each part of course content, the curriculum vitae or resume of the instructor and the appropriate fee set by the Division. The completed application will be presented for review at the next regularly scheduled Board meeting.
8.4 Journeypersons and Apprentice Electricians shall complete 5 hours of approved CE during each renewal period with the following exceptions – a person licensed less than one year does not need to complete CE at the first renewal; a person licensed one year but less than two years must submit 2 CE hours at the first renewal. Apprentice training (proof of enrollment in a Board approved apprenticeship program) will count towards CE hours during that licensure period.
9.1 A procedure permitting temporary practice after loss of a licensee to avoid business interruption is provided in 24 Del.C. §1418 and is necessary only where there is no currently employed licensee to assume the duties of the former license holder.
11.1 An applicant for licensure by reciprocity shall complete an application approved by the Board and cause a certificate of good standing to be sent to the Board from the licensing agencies of all jurisdictions where the applicant is or has been licensed. Upon request an applicant for licensure under this provision must submit to the Board a copy of reciprocal state’s current licensure requirements.
12.3 A licensee who signs an application for inspection form is deemed to have authorized and shall be responsible for the work described in the form.
13.2.4 Complaint officer - The complaint officer shall be a member who works with the investigator of the Division of Professional Regulation when complaints are investigated pursuant to 29 Del.C. §8807. The complaint officer shall report to the Board when complaints are closed and recuse himself or herself from participating in disciplinary hearings involving matters that have been reviewed in his or her capacity as complaint officer.
15.1 Inspection agencies shall be licensed in accord with the provisions of 24 Del.C. §1421 in order to operate in Delaware. An application on a form approved by the Board must be filed at the Division of Professional Regulation. Licenses must be renewed annually on June 30 by completing the renewal form and paying the fee determined by the Division.
15.3 Inspection agencies must submit, to the Division of Professional Regulation, the names of its employees who are inspectors and proof of compliance with the statutory requirements for inspectors. Inspectors must have seven years of experience in residential, commercial, or industrial wiring. Proof of experience shall be submitted by affidavit of the named employer, a tax form W-2, or tax Schedule C. The experience requirement for an inspector employed by an approved inspection agency on July 20, 1999 is satisfied with seven years of inspection experience. Each inspector shall also submit a passing score for the Electrical one and two family dwelling and the Electrical General examinations within 18 months of employment and the Electrical Plan Review examination within 24 months of employment. For inspectors employed by the inspection agency on July 20, 1999, the time for taking said examinations shall run from the date these regulations become effective and not the date first employed.
15.5 If a violation found in an inspection is not corrected within 15 days as provided in 24 Del.C. §1421(g), the inspection agency shall notify the Board in writing and include a copy of the notice of violation. The Division of Professional Regulation will send, on behalf of the Board, the notice of violation to the other inspection agencies and to any local building inspector having jurisdiction over the structure.
15.7 As used in 24 Del.C. §1421(j), “salary” means compensation of employees at a set figure with installments paid weekly, monthly, or other fixed period or compensation based on time worked, i.e. paid by the hour. “Salary” does not include compensation based on the number of inspections performed. Inspectors may not be compensated based on the number of inspections performed or given any other incentive to increase the speed at which they perform inspections.
A voluntary treatment option is available for chemically dependent or impaired professionals as provided in 29 Del.C. §8807(n) who are reported to the Board or Division using the following procedures:
17.1.13 Reckless endangering in the first degree. 11 Del.C. §604
17.1.24 Assault in the second degree.11 Del.C. §612
17.1.35 Assault in the first degree.11 Del.C. §613
17.1.46 Manslaughter. 11 Del.C. §632
17.1.57 Murder by abuse or neglect in the second degree. 11 Del.C. §633
17.1.68 Murder by abuse or neglect in the first degree. 11 Del.C. §634
17.1.79 Murder in the second degree. 11 Del.C. §635
17.1.810 Murder in the first degree. 11 Del.C. §636
17.1.911 Unlawful sexual contact in the second degree. 11 Del.C. §768
17.1.1012 Unlawful sexual contact in the first degree. 11 Del.C. §769
17.1.1113 Rape in the fourth degree. 11 Del.C. §770
17.1.1214 Rape in the third degree. 11 Del.C. §771
17.1.1315 Rape in the second degree. 11 Del.C. §772
17.1.1416 Rape in the first degree. 11 Del.C. §773
17.1.1517 Sexual extortion. 11 Del.C. §776
17.1.1621 Continuous sexual abuse of a child. 11 Del.C. §778
17.1.1722 Dangerous crimes against a child. 11 Del.C. §779
17.1.1825 Kidnapping in the second degree. 11 Del.C. §783
17.1.1926 Kidnapping in the first degree.11 Del.C. §783A
17.1.2027 Arson in the second degree.11 Del.C. §802
17.1.2128 Arson in the first degree.11 Del.C. §803
17.1.2229 Criminal mischief. 11 Del.C. §811
17.1.2331 Burglary in the third degree. 11 Del.C. §824
17.1.2432 Burglary in the second degree.11 Del.C. §825
17.1.2533 Burglary in the first degree.11 Del.C. §826
17.1.34 Home invasion. 11 Del.C. §826A
17.1.2635 Robbery in the second degree. 11 Del.C. §831
17.1.2736 Robbery in the first degree. 11 Del.C. §832
17.1.2841 Theft of services. 11 Del.C. §845
17.1.2942 Extortion. 11 Del.C. §846
17.1.3046 Identity theft. 11 Del.C. §854
17.1.3147 Forgery. 11 Del.C. §861
17.1.3252 Unlawful use of credit card. 11 Del.C. §903
17.1.3354 Criminal impersonation of a police officer. 11 Del.C. §907B
17.1.3456 Insurance fraud. 11 Del.C. §913
17.1.3457 Home improvement fraud. 11 Del.C. §916
17.1.3658 New home construction fraud. 11 Del.C. §917
17.1.3759 Dealing in children. 11 Del.C. §1100
17.1.3868 Sexual exploitation of a child. 11 Del.C. §1108
17.1.3969 Unlawful dealing in child pornography. 11 Del.C. §1109
17.1.4070 Sexual solicitation of a child. 11 Del.C. §1112A
17.1.4171 Perjury in the second degree. 11 Del.C. §1222
17.1.4272 Perjury in the first degree. 11 Del.C. §1223
17.1.74 Hate crimes. 11 Del.C. §1304
17.1.43 Aggravated harassment. 11 Del.C. §1312
17.1.75 Stalking. 11 Del.C. §1312
17.1.4477 Adulteration. 11 Del.C. §1339
17.1.4578 Possession of a firearm during a felony. 11 Del.C. §1447
17.1.4679 Theft of a firearm.11 Del.C. §1451
17.1.4780 Organized crime and racketeering. 11 Del.C. §1503
17.1.4881 Breaking and entering, etc. to place or remove equipment. 11 Del.C. §2410
17.1.4982 Unlicensed practice as an Electrician 24 Del.C. §§1407; 1422
Last Updated: December 31 1969 19:00:00.
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