DEPARTMENT OF STATE

Division of Professional Regulation

1400 Board of Electrical examiners

FINAL

ORDER

1400 Board of Electrical Examiners

On February 1, 2017 the Delaware Board of Electrical Examiners published proposed changes to its regulations in the Delaware Register of Regulations, Volume 20, Issue 8. The notice indicated that written comments would be accepted by the Board, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on March 1, 2017 at a regularly scheduled meeting of the Board of Electrical Examiners to receive verbal comments regarding the Board’s proposed amendments to its regulations. The rules pertaining to crimes substantially related to the practice of electrical services are proposed to be amended.

SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

At the time of the deliberations, the Board considered the following documents:

Board Exhibit 1- Affidavit of publication of the public hearing notice in the News Journal; and

Board Exhibit 2- Affidavit of publication of the public hearing notice in the Delaware State News.

There was no verbal testimony presented at the public hearing on March 1, 2017. No written comments were received by the Board.

FINDINGS OF FACT AND CONCLUSIONS

1. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed amendments to the Board’s regulations.

2. There were no public comments provided to the Board during the written public comment periods, or at the public hearing.

3. Pursuant to 24 Del.C. §1406(a)(1) the Board has the statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.

4. Having received no public comments, the Board finds no reason not to amend the regulations as proposed.

DECISION AND ORDER CONCERNING THE REGULATIONS

NOW THEREFORE, pursuant to 24 Del.C. §1406(a)(1) and for the reasons set forth above, the Board does hereby ORDER that the regulations be, and that they hereby are, adopted and promulgated as set forth in the Delaware Register of Regulations on February 1, 2017. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(g).

The new regulations are attached hereto as Exhibit A.

SO ORDERED this 5th day of April, 2017.

DELAWARE BOARD OF ELECTRICAL EXAMINERS

1400 Board of Electrical Examiners

1.1 To perform “electrical services” or “electrical work” means to perform, maintain, troubleshoot or supervise any electrical work covered by the National Electrical Code (NEC) as adopted by the Delaware State Fire Prevention Commission which may include but is not limited to 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, solar electrical work, generators, windmills and overhead and underground primary distribution systems.

1.2 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 Prevention Commission and in any applicable local building code. The version of the NEC applicable to a particular project is determined by the Delaware Fire Prevention Commission.

1.3 Every individual who receives a license with the exception of Journeypersons and Apprentice Electricians 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.

1.4 Solar Electrical Services means to install, erect, repair any electrical conductor, duct, conduit, or array which is used for grounding and bonding of the array or any part thereof, which generate, transmit, transform, disconnect, or utilize electrical energy in any form or for any purpose.

1.5 Licensees shall notify the Board of a change of address. Change of address notifications shall be sent by certified mail within 60 days of date the address change.

2.1 Applications may be obtained in person during regular business hours, on the Division of Professional Regulation (“Division”) website or by mail. Applications must be made in the name of the individual, not a company. The Board shall approve the application form to insure that it contains all of the information necessary to satisfy the statutory requirements for licensure.

2.2 Applications which are incomplete shall be retained for one year to allow an applicant the opportunity to supplement the application. After one year, incomplete applications are destroyed. Thereafter, an applicant must resubmit a new application with the appropriate fee.

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.

3.1 An applicant shall submit proof of qualifications verified by affidavit on a form approved by the Board. Proof of experience requires an affidavit from the supervising licensed electrician describing the nature of the experience. If an applicant cannot obtain the required affidavit from the supervising licensed electrician, W‑2 tax forms showing full‑time employment may be substituted at the discretion of the Board. The required experience and training must be completed prior to taking the licensure exam.

3.2 Applicants relying on military training and experience must submit official documentation from the supervising officials showing type and approximate hours of work experience. Other official military documentation that reliably verifies military training and experience may be accepted at the discretion of the Board when supervisory officials are not available or cannot be located.

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).

As a condition of licensure, applicants shall obtain a grade of 75% on the Division-approved test. Only the National Electrical Code Book can be used during the test as a reference. Applicants should submit a completed application with all necessary credentials for Board approval at least 45 days before the test is given. As long as the credentials have been approved, a license may issue from the Division of Professional Regulation upon proof of obtaining a passing score on the test, proof of insurance (in accordance with subsection 6.1), and payment of the fee as provided herein. A member of the State Board of Electrical Examiners may attend the examination. All scores will be presented to the Board at the first meeting after the examination results are available. The roster of persons qualified for licensure will appear in the minutes.

6.1 Licensees with the exception of Journeypersons and Apprentice Electricians shall maintain general liability insurance of at least $300,000.00. Proof of insurance must be submitted with licensure applications and maintenance of the required insurance during the licensure period shall be attested to in the course of each licensure renewal.

6.2 The insurance requirement is satisfied for a licensee who is performing work as an employee as long as the employer is insured for the risk on the work performed as required under these regulations. A licensee who also works independently from his employer must maintain separate insurance for that risk as provided under these regulations.

6.3 Master and Limited Special Elevator Electricians do not need general liability insurance if the licensee’s employer has general liability insurance. Elevator applicants and licensees agree to work only for an elevator company who maintains a general liability insurance policy for all of its employees, in the minimum amount of $300,000.00.

7.1 The licenses granted by the Board must be renewed by June 30th of each even numbered year, otherwise, they expire as of July 1st.

7.2 Renewal. It is the responsibility of the licensee to file a renewal application with the Board. The Board is not required to notify licensees of expiration dates. Renewal may be accomplished online at www.dpr.delaware.gov.

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 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 Section 8.0 and must also attest to maintenance of the liability insurance required by Section 6.0. Attestation shall be completed electronically. Licensees selected for random audit will be required to supplement their attestations with documentation of CE attendance and maintenance of insurance both at the time of renewal and during the biennial period that is the subject of the audit.

7.3 A licensee may renew an expired license within one year after the renewal deadline by meeting all requirements and paying a late fee set by the Division. All late renewals will be audited for compliance with the CE and insurance renewal requirements.

7.4 A licensee with an active license may request in writing to be placed on inactive status. Inactive status can be renewed electronically on a biennial basis by attestation of completing the required CE for licensure. Inactive licenses may be reactivated by the Board upon written request with proof of insurance (as required in accordance with Section 6.0) and payment of the appropriate fee set by the Division.

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 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.

8.1 Continuing education (CE) is required of all licensees and shall be completed by June 30 of any year in which a license is to be renewed. Extra continuing education hours do not carry over to the next licensing period. Licensees will only get CE credit for their first attendance of CE courses during each licensing period. Licensees may retake a CE course in the same licensing period but will not receive additional CE credit.

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 www.dpr.delaware.gov. Licensees may also contact the Administrative Specialist of the Board at the Division of Professional Regulation to determine whether particular courses have been approved.

8.2.1 Courses shall be designed to maintain and enhance the knowledge and skills of licensees related to providing electrical services.

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 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.

8.2.3 Sponsors or licensees seeking pre-approval should submit the request as provided in subsection 8.1.2 at least 60 days before the CE course is being offered.

8.2.4 Approval of CE automatically expires on September 1, 2002 and every three years thereafter on each September 1. A sponsor or licensee must reapply for approval as provided in subsection 8.2.2.

8.3 Licensees shall complete 10 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 5 CE hours at the first renewal. Beginning with the licensee’s second renewal, 5 of the 10 CE hours required for renewal must be related to the National Electrical Code.

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.

8.5 The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board’s review of a written request with supporting documentation of hardship.

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.

9.2 The notification must include documentation of the business relationship with the former license holder.

10.1 No license is required for performing electrical work by the following persons or entities:

10.1.1 Any of the following individuals working in a manufacturing or industrial facility:

10.1.1.1 An electrical engineer who is recognized by their company as the person responsible for facility repairs, maintenance, or electrical additions, and who is registered with the Board, or a professional electrical engineer who is registered with the Board and who is licensed and listed on the Delaware Association of Professional Engineers;

10.1.1.2 An electrical engineer or electrical engineering technician, recognized by the manufacturing or industrial company as qualified, working in a laboratory environment conducting basic research and development;

10.1.1.3 An "in-house" electrical engineer, electrical engineering technician, or other person conducting research and development building and testing a custom panel designed by the company and not commercially available, provided that such exception shall not extend to the permanent installation of the equipment;

10.1.2 The Department of Transportation, or a contractor, for work performed by or under the supervision of the Department for the installation erection, construction, reconstruction and/or maintenance of drawbridges and traffic control devices

10.1.3 Persons working beyond the main breaker or fuse of 200 amps or less in a structure used exclusively for agriculture;

10.1.4 Persons performing the work of any light or power company, electric or steam railway company, telegraph, high voltage certified testing agency or telephone company when the work is part of the plant or service used in rendering authorized service to the public such as power delivery by an electric company. This exception ends at the point of service, termination box, or demarcation point;

10.1.5 A homeowner who has obtained a homeowner’s permit provided by law.

10.1.6 A communication and low voltage contractor that installs, services and maintains all types of communication and low voltage systems which are energy limited. These systems include, but are not limited to telephone systems, sound systems, cable television systems, closed circuit video systems, satellite dish antennas, instrumentation and temperature controls, and low voltage landscape lighting, directional boring, networking systems, communication systems, security and burglar systems. Low voltage fire alarm systems are specifically not included in this section.

10.1.7 Fire Alarm Signaling Licensees issued by the Office of the State Fire Marshal.

10.1.8 Persons working for the organization Habitat for Humanity or on USDA Rural Development Self Help Housing Projects. The work still needs to be inspected by a licensed electrician.

10.1.9 Factory trained, authorized and employed representatives; provided such persons do only maintenance, start up, commissioning and repair work directly on their factory manufactured equipment and may not supervise non-licensees as part of such work.

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.

11.2 If the reciprocal state’s requirements are not substantially similar to those of this State, as determined by the Board, the applicant shall submit proof of practice for at least five years after licensure. Proof of practice requires an employer’s affidavit describing the nature of the applicant’s experience. If an applicant cannot obtain an affidavit from the employer, W‑2 forms or other tax documents showing 5 years full‑time employment may be substituted at the discretion of the Board.

12.1 Every licensee, with the exception of Journeypersons and Apprentice Electricians, shall file an application for an inspection by a licensed inspection agency no later than five working days after the commencement of electrical work. The inspection agency shall perform an inspection no later than five working days after the inspection has been requested. It shall be beyond the scope of a Journeyperson or Apprentice Electrician to file for an inspection for electrical work.

12.2 An application for an inspection shall be filed with the inspection agency on a form, signed by the licensee, or person authorized under subsections 12.7, 12.8, or 12.9, containing at least the following information:

12.2.1 Full names of the licensee and any job foreman

12.2.2 License number, type (T-1, T-2, or Specialty) and expiration date

12.2.3 Date inspection requested

12.2.4 Location of work to be inspected

12.2.5 Permit numbers, if applicable

12.2.6 Applicant’s name and contact information, if other than the licensee

12.2.7 A detailed description of the work to be inspected including any devices or equipment

12.2.8 Signature of the licensee

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.

12.4 An inspection agency shall not conduct an inspection of work performed until it has received a request made in compliance with subsection 12.2.

12.5 An inspection agency is responsible to ensure that the standards for its inspection are those established in the National Electric Code as adopted by the Delaware Fire Commission and in any applicable local building code. The version of the Code applicable to a particular project is determined by the Delaware Fire Commission.

12.6 An inspection report shall be recorded legibly on a form containing at least the following information:

12.6.1 Full name of the licensee

12.6.2 License number, type (T-1, T-2, or Specialty) and expiration date

12.6.3 Location of work to be inspected

12.6.4 Permit numbers

12.6.5 Inspector’s full name

12.6.6 A detailed description of the work inspected

12.6.7 Deficiencies noted, any applicable NEC section, and inspection dates

12.6.8 Signature of inspector

12.6.9 Date inspection completed.

12.7 Any professional engineer excepted from licensure shall at least annually file with the Board a certificate of inspection by a licensed inspection agency and a letter stating that all repairs, maintenance, and additions to a manufacturing or industrial plant meet the Standards of the National Electrical Code. The annual inspection should include a representative sampling of the work performed by the authority of the responsible professional engineer.

12.8 Any person performing electrical work on agricultural structures excepted from licensure shall nevertheless obtain a certificate of inspection from a licensed inspection agency for new installations.

12.9 Any person authorized to perform work by a homeowner’s permit shall obtain a final inspection as provided in Section 12.0 by an inspection agency licensed by the Board.

12.10 Fire Alarm Signaling Licensees installing conductors covered under the licensing requirements of the Office of the State Fire Marshal shall nevertheless obtain a certificate of inspection from a licensed inspection agency for new installations prior to filing for a final inspection from the Office of the State Fire Marshal. This rule will be effective 12/31/2012.

13.1 Election of Officers

Annually during the July meeting, the Board shall elect officers to serve for a one year term from September 1- August 31.

13.2 Duties of the Officers

13.2.1 President - The president shall preside at all meetings, designate subordinates when provided by law, sign correspondence on behalf of the Board, and perform other functions inherent in the position. In conducting meetings or hearings, the President may limit or exclude evidence as provided under the Administrative Procedures Act unless overruled by a majority of the Board.

13.2.2 Vice President - The Vice President assumes the duties and powers of the President when the President is unavailable.

13.2.3 Secretary - The Secretary assumes the duties and powers of the President when neither the President nor the Vice President is available.

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.

13.2.5 Education officer - The education officer may review courses submitted for continuing education approval and makes recommendations to the Board.

13.3 Meeting Minutes

The minutes of each meeting are taken by the Administrative Specialist from the Division of Professional Regulation and approved by the Board.

14.1 The Division of Professional Regulation is authorized to issue homeowners’ permits pursuant to an application process approved by the Board. 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.

14.3 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.

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.

14.8 Homeowner permits may only be issued for free standing structures and single family dwellings.

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.

15.2 No inspection agency will be approved until it produces proof of general liability insurance in the amount of at least $1,000,000.00 and errors and omissions insurance in the amount of at least $1,000,000.00.

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.

15.4 An employee of an inspection agency shall confirm that the person who has filed for an inspection is a licensee under this chapter, a homeowner having a permit, or a person who has performed work allowed under an exception to licensure. Licensure verification is available online, free of charge at www.dpr.delaware.gov.

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.

15.6 An inspection agency shall notify the Board in writing within 10 days when an employee leaves the agency or when a new employee is hired by the agency. This notification shall include the full name and address of the inspector. The date a new employee is hired by an inspection agency marks the beginning of the period in which the inspection examinations in subsection 15.3 must be successfully completed.

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:

16.1 If the report is received by the president of the Board, that president shall immediately notify the Director of Professional regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the president of the Board, or that president’s designate or designates.

16.2 The president of the Board or that president’s designate or designates shall, within seven (7) days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.

16.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within thirty (30) days following notification to the professional by the participating Board president or that president’s designate(s).

16.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board president or that president’s designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the president of the Board or that president’s designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the President of the Board.

16.5 Failure to cooperate fully with the Board president or that president’s designate or designates or the Director of the Division of Professional Regulation or his/ her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option and the Board president or that president’s designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in 29 Del.C. §8807(h).

16.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to the following provisions:

16.6.1 Entry of the regulated professional into a treatment program approved by the Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional’s progress.

16.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the president of the Board or to that president’s designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the president of the Board or that president’s designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.

16.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.

16.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this paragraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.

16.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the Board’s president, or his/her designate or designates or to the Director of the Division of Professional Regulation or his/her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.

16.7 The regulated professional’s records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional’s chemical dependency or impairment is an issue.

16.8 The Board’s president, his/her designate or designates or the Direction of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.

16.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.

16.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.

16.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a non-disciplinary matter.

16.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected.

17.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to the work of an electrician in the State of Delaware without regard to the place of conviction:

17.1.1 Offensive touching. 11 Del.C. §601

17.1.21 Menacing (felony). 11 Del.C. §602

17.1.32 Reckless endangering in the first degree. 11 Del.C. §604

17.1.43 Assault in the second degree.11 Del.C. §612

17.1.54 Assault in the first degree.11 Del.C. §613

17.1.65 Manslaughter. 11 Del.C. §632

17.1.76 Murder by abuse or neglect in the second degree. 11 Del.C. §633

17.1.87 Murder by abuse or neglect in the first degree. 11 Del.C. §634

17.1.98 Murder in the second degree. 11 Del.C. §635

17.1.109 Murder in the first degree. 11 Del.C. §636

17.1.1110 Unlawful sexual contact in the second degree. 11 Del.C. §768

17.1.1211 Unlawful sexual contact in the first degree. 11 Del.C. §769

17.1.1312 Rape in the fourth degree. 11 Del.C. §770

17.1.1413 Rape in the third degree. 11 Del.C. §771

17.1.1514 Rape in the second degree. 11 Del.C. §772

17.1.1615 Rape in the first degree. 11 Del.C. §773

17.1.17 Sexual extortion. 11 Del.C. §776

17.1.1816 Sex offender unlawful conduct against a child. 11 Del.C. §777A

17.1.1917 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree. 11 Del.C. §778

17.1.2018 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree. 11 Del.C. §778A

17.1.21 Continuous sexual abuse of a child. 11 Del.C. §778

17.1.22 Dangerous crimes against a child. 11 Del.C. §779

17.1.23 Unlawful imprisonment in the second degree. 11 Del.C. §781

17.1.2419 Unlawful imprisonment in the first degree. 11 Del.C. §782

17.1.2520 Kidnapping in the second degree. 11 Del.C. §783

17.1.2621 Kidnapping in the first degree.11 Del.C. §783A

17.1.2722 Arson in the second degree.11 Del.C. §802

17.1.2823 Arson in the first degree.11 Del.C. §803

17.1.29 Criminal mischief. 11 Del.C. §811

17.1.30 Trespassing with intent to peer or peep into a window or door of another. 11 Del.C. §820

17.1.31 Burglary in the third degree. 11 Del.C. §824

17.1.3224 Burglary in the second degree.11 Del.C. §825

17.1.3325 Burglary in the first degree.11 Del.C. §826

17.1.3426 Home invasion. 11 Del.C. §826A

17.1.3527 Robbery in the second degree. 11 Del.C. §831

17.1.3628 Robbery in the first degree. 11 Del.C. §832

17.1.3729 Carjacking in the second degree. 11 Del.C. §835

17.1.3830 Carjacking in the first degree. 11 Del.C. §836

17.1.3931 Theft; lost or mislaid property; mistaken delivery (felony). 11 Del.C. §842

17.1.4032 Theft; false pretense (felony). 11 Del.C. §843

17.1.41 Theft of services. 11 Del.C. §845

17.1.4233 Extortion. 11 Del.C. §846

17.1.4334 Theft of rented property (felony). 11 Del.C. §849

17.1.4435 Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices (felony). 11 Del.C. §850

17.1.4536 Receiving stolen property. 11 Del.C. §851

17.1.4637 Identity theft. 11 Del.C. §854

17.1.4738 Forgery. 11 Del.C. §861

17.1.48 Falsifying business records. 11 Del.C. §872

17.1.49 Tampering with public records in the second degree. 11 Del.C. §873

17.1.50 Offering a false instrument for filing. 11 Del.C. §877

17.1.5139 Issuing a false certificate. 11 Del.C. §878

17.1.5240 Unlawful use of credit payment card. 11 Del.C. §903

17.1.53 Deceptive business practices. 11 Del.C. §906

17.1.5441 Criminal impersonation of a police officer. 11 Del.C. §907B

17.1.55 Securing execution of documents by deception. 11 Del.C. §909

17.1.5642 Insurance fraud. 11 Del.C. §913

17.1.5743 Home improvement fraud. 11 Del.C. §916

17.1.5844 New home construction fraud. 11 Del.C. §917

17.1.5945 Dealing in children. 11 Del.C. §1100A

17.1.60 Abandonment of child. 11 Del.C. §1101

17.1.6146 Endangering the welfare of a child. 11 Del.C. §1102

17.1.6247 Crime against a vulnerable adult. 11 Del.C. §1105

17.1.63 Unlawfully dealing with a child. 11 Del.C. §1106

17.1.64 Endangering children. 11 Del.C. §1107

17.1.6548 Possession of child pornography. 11 Del.C. §1111

17.1.6649 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112

17.1.6750 Sexual solicitation of a child. 11 Del.C. §1112A

17.1.6851 Sexual exploitation of a child. 11 Del.C. §1108

17.1.6952 Unlawful dealing in child pornography. 11 Del.C. §1109

17.1.70 Sexual solicitation of a child. 11 Del.C. §1112A

17.1.7153 Perjury in the second degree. 11 Del.C. §1222

17.1.7254 Perjury in the first degree. 11 Del.C. §1223

17.1.73 Falsely reporting an incident. 11 Del.C. §1245

17.1.7455 Hate crimes. 11 Del.C. §1304

17.1.7556 Stalking. 11 Del.C. §1312

17.1.7657 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338

17.1.7758 Adulteration. 11 Del.C. §1339

17.1.7859 Possession of a firearm during a felony. 11 Del.C. §1447

17.1.7960 Theft of a firearm.11 Del.C. §1451

17.1.80 Organized crime and racketeering. 11 Del.C. §1503

17.1.8161 Breaking and entering, etc. to place or remove equipment. 11 Del.C. §2410

17.1.8262 Unlicensed practice as an Electrician 24 Del.C. §§1407; 1422

17.2 Crimes substantially related to the work of an electrician shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.