235.11.23 Ark. Code R. 001

Current through Register Vol. 49, No. 10, October, 2024

Rule 235.11.23-001 - Administrative Rules Pertaining to the Board of Electrical Examiners of the State of Arkansas

construction, installation, and maintenance of electrical facilities and for the performance of electrical work.

E. The Board hereby adopts and incorporates herein the Standard Practices for Good Workmanship in Electrical Contracting, American National Standards Institute/National Electrical Contractors Association 1-2006, as the guide for the quality and the standard of workmanship in the installation of electrical equipment.

F. This rule does not include any later amendments or editions of the standards incorporated by reference.

G. Copies of these standards incorporated by reference can be viewed in the offices of the Electrical Division or can be obtained by contacting the following:

National Fire Protection Association

1 Batterymarch Park

Quincy,MA 02169-7471

1-800-344-3555

www.nfpa.org

010.13-009 Definitions

A. The various classes of licenses shall be defined as follows:

1. "Master electrician" shall mean an individual with an unlimited license classification and who is authorized to plan, lay out, and supervise the installation, maintenance, and extension of electrical conductors and equipment.

2. "Journeyman electrician" shall mean an individual who is limited by license classification to install, maintain, and extend electrical conductors and equipment. A journeyman electrician cannot contract with the general public to plan, lay out or supervise the installation, maintenance and extension of electrical conductors and equipment without employing at least one (1) full-time master electrician.

3. "Residential master electrician" shall mean an individual who is limited by license classification to performing electrical work for single family dwellings, duplexes or two-family dwellings, triplexes or three-family dwellings, and quadruplexes or four-family dwellings, including planning and supervising the installation, maintenance and extension of electrical facilities. A residential master electrician may perform electrical work on a commercial or other project under the supervision of a journeyman electrician or master electrician in the same manner and with the same ratio as an electrical apprentice.

4. "Residential journeyman electrician" shall mean an individual who is limited by license classification to install, alter, repair, maintain, or renovate electrical facilities for single family dwellings, duplexes or two-family dwellings, triplexes or three-family dwellings, and quadraplexes or four-family dwellings under the general supervision of a residential master electrician or a master electrician. A residential journeyman may perform electrical work on a commercial or other project under the supervision of a journeyman electrician or master electrician in the same manner and with the same ratio as an electrical apprentice.

5. "Air conditioning electrician" shall mean an individual who is limited by license classification to the installation, maintenance, and extension of electrical conductors and equipment solely for the purpose of supplying heating and air conditioning and refrigeration units.

6. "Industrial maintenance electrician" shall mean an individual who is limited by license classification to the repair, maintenance, alteration, and extension of electrical conductors and equipment for electrical power and control systems on or within industrial, manufacturing, or similar type facilities. For employees of industrial facilities, it is not necessary to possess this or any other class of license. See Ark. Code Ann. § 17-28-102(a)(2) and Rule 010.13.010(A).

7. "Specialist Sign Electrician" means any individual who is limited to a license classification possessing the necessary qualifications, training, and technical knowledge for installing, maintaining and repairing electrically illuminated or operated signs and gaseous tubing for illumination, making all connection to an approved outlet of sufficient capacity within twenty-five (25) feet of the sign to be connected. A specialist sign electrician may also maintain and repair parking lot lights with a special endorsement to his or her license..

B."Board" shall mean the Board of Electrical Examiners of the State of Arkansas.

C."Director" shall mean the Director of the Division of Labor, Arkansas Department of Labor and Licensing.

D."Electrical Apprentice" means any person whose principal occupation is the learning of and assisting in the installation of electrical work under the supervision of a journeyman electrician or master electrician.

E."Electrical work" means:

1. As defined by Ark. Code Ann. §§ 17-28-101(4) and 20-31-102(5):

a. Installations of electric conductors and equipment within or on public and private buildings or other structures, including recreational vehicles, and floating buildings, and other premises such as yards, carnivals, parking and other lots, and industrial substations;

b. Installations of conductors that connect to the supply of electricity; and

c. Installations of other outside conductors on the premises.

F. "HVACR" shall mean heating, ventilation, air conditioning and refrigeration.

G."Manager" shall mean any employee:

1. whose primary duty consists of oversight of the technical and business functions of the electrical company in which he or she is employed; and

2. who customarily and regularly directs the work of one or more other employees therein; and

3. who has a good working knowledge of electrical theory, electrical materials and equipment, and electrical installation procedures; and

4. who customarily and regularly exercises discretion and independent judgment; and

5. who has the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and

6. who normally maintains oversight of the electrical work performed by the electrical company in which he or she is employed during such time that company holds itself out to perform such work.

H."Superintendent" shall mean any employee:

1. whose primary duty consists of oversight of the electrical work performed by the electrical company in which he or she is employed; and

2. who has a good working knowledge of electrical theory, electrical materials and equipment, and electrical installation procedures; and

3. who customarily and regularly directs the work of one or more other employees therein; and

4. who has the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees, will be given particular weight; and

5. who customarily and regularly exercises discretion and independent judgment; and

6. who normally maintains oversight of the electrical work performed by the electrical company in which he or she is employed during such time that company holds itself out to perform such work.

I."Dwelling":

1. means a building or other structure designed and constructed for residential purposes;

2. includes a building or other structure that houses a home office or other business activity if the business activity does not require commercial-grade electric conductors or equipment; and

3. does not include a mixed-use building or other structure that requires commercial-grade electric conductors or equipment for any part of the building or other structure.

010.13-010 Construction and Exemptions

A. The licensing requirements of Ark. Code Ann. § 17-28-101et seq. shall not apply to the following:

1. The construction, installation, maintenance, repair, or renovation by any public utility, as that term is defined by Ark. Code Ann. § 23-1-101 (4)(A), by any rural electric association or cooperative, or by any municipally owned utility, of any transmission or distribution lines or facilities incidental to their business and covered under other nationally recognized safety standards, or to any other such activity when performed by any duly authorized employee, agent, contractor, or subcontractor of any such public utility, association, cooperative, or municipally owned utility;

2. The construction, installation, maintenance, repair, or renovation by any industry of any electric conductors or equipment or facilities incidental to their business and covered under other nationally recognized safety standards, or to any other such activity when performed by any duly authorized employee of such industry;

3. The construction, installation, maintenance, repair and renovation of telephone equipment, computer systems, or satellite systems by a person, firm, or corporation engaged in the telecommunications or information systems industry when such activities involve low-voltage work exclusively for communication of data, voice, or for other signaling purposes; including fire alarm systems, security systems and environmental control systems that are not an integral part of a telecommunications system;

4. The construction, installation, maintenance, repair or renovation of any nonresidential farm building or structure;

An applicant for an electrical contractor's license shall submit to the Board the following:

1. an application on a form approved by the Board; and

2. proof that the applicant is a licensed master electrician or employs a licensed master electrician; and

3. if the applicant is not a master electrician, a statement from the master electrician, under oath, disclosing the master electrician's affiliation with any other electrical contractor and verifying that the master electrician is employed as the superintendent or manager of the applicant contractor.

H.Apprentices

1. Upon employing an electrical apprentice to work at the trade, the electrical contractor/master electrician shall within thirty (30) days register such apprentice with the Board, the Arkansas Office of Skills Development, Department of Commerce, and the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OAT). The apprentice must begin school no later than the first full semester following the date of hire. In the event that school begins more than ninety (90) days from the hire date, the employer shall, in the interim, provide the apprentice with technically related instruction pursuant to the guidelines of the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OAT).

2. An applicant for registration as an electrical apprentice shall submit the following:

a. an application on a form approved by the Board;

b. a registration fee often dollars ($10.00);

c. satisfactory proof that the applicant is enrolled in and attending a school or training course for electrical apprentices certified by the OAT.

3. Apprentice registration certificates shall be valid for one (1) year. They shall expire on the last day of the month, one (1) year from the date of issue.

4. Apprentice registration certification may be renewed by payment of a ten dollar ($10.00) renewal fee and submission of satisfactory proof of current enrollment in and attendance of a training program approved by the OAT.

5. An apprentice who has successfully completed a certified school or training program and has been released for testing may continue to renew his or her apprentice registration card, if otherwise qualified, without enrolling in a school or training program. Such an apprentice may work as a fourth year apprentice for the purpose of Rule 010.13-013(H)(6) for a period of six (6) months. If an apprentice has not passed the journeyman electrician examination within six (6) months of completing apprenticeship school, the apprentice shall be subject to the same supervision as a third year apprentice pursuant to Rule 010.13-013(H)(6).

6. Ratios and Supervision

a. No journeyman or master electrician shall employ or supervise electrical apprentices at a ratio greater than three (3) apprentices to one (1) journeyman or one (1) master electrician on a single electrical job.

b. An apprentice electrician shall not engage in electrical work unless he or she is supervised by a master electrician or a journeyman electrician.

c. Observation of apprentices' work. The supervising electrician shall observe the work of an apprentice electrician in person at regular and reasonable intervals. "Regular and reasonable intervals" shall mean a minimum of the following:

i. For work on 1-4 family dwellings:

A. an apprentice in the first 90 days of employment shall be under the direct, immediate, and continuous supervision of the supervising master or journeyman; and

B. an apprentice employed from the 91st day of employment through 2 years shall have his or her work observed by the supervising master or journeyman every 2-3 hours and before the work is operational, before it is considered complete, and before it is covered.

ii. or work on all projects other than 1-4 family dwellings:

A. For a first year apprentice, the supervising electrician shall observe the apprentice's work on a direct and continuous basis;

B. For a second year apprentice, the supervising electrician shall observe the apprentice's work every 30 minutes to 1 hour and before the electrical work is operational, before it is considered complete, and before it is covered;

C. For a third year apprentice, the supervising electrician shall observe the apprentice's work every 2-3 hours and before the work is operational, before it is considered complete, and before it is covered; and

D. For a fourth year apprentice, the supervising electrician shall observe the apprentice's work before the work is operational, before it is considered complete, and before it is covered.

d. Proximity to apprentices. The supervising electrician shall remain within reasonable proximity to an apprentice electrician while electrical work is being performed. The proximity of the supervising electrician to the apprentice electrician is reasonable if:

i. The supervising electrician is:

A. within the line of sight of the apprentice electrician; or

B. at the same street address at which the apprentice electrician is working; or

ii. The job site is not a single-family residence, requires a contractor's license, and the supervising electrician is within the line of sight of the apprentice electrician.

e. The responsible master electrician is responsible for all the electrical work performed by an apprentice. This means that it is the supervising electrician's initial responsibility and ultimately the responsible master's obligation to ensure that all electrical work performed by the apprentice is performed in compliance with the standards adopted by these rules.

7. Classroom Study

The Career Education and Workforce Development Board, through the Arkansas Office of Skills Development, shall oversee related classroom study of apprentices.

8. A certificate of registration may be revoked by the Board for cause. This includes, but is not limited to the following:

a. Expulsion from or dropping from the training program approved by the OAT.

b. Performing electrical work which is not performed under the supervision of a licensed master or journeyman electrician; or

c. Performing electrical work outside the employment of the apprentice's mentoring or sponsoring electrician or electrical contractor.

9. A licensed electrician shall verify the work hours of any apprentice who has been in his/her employ the previous four (4) years at the request of the Department of Labor and Licensing; the Arkansas Office of Skills Development, Department of Commerce,; the Office of Apprenticeship; and any local apprenticeship committee. Failure to comply with such a request may result in the assessment of civil money penalties and the revocation or suspension of a license.

I.Temporary licenses

1. The Board shall issue a temporary license as a master electrician or journeyman electrician for a period of six (6) months, upon submission by the applicant of the following:

a. A temporary license fee in the amount of $50 for a master electrician and $25 for a journeyman electrician;

b. A completed application on a form provided by the Board; and

c. Evidence that the applicant holds a current license of the same classification issued by another state or has otherwise met the experience qualifications established in Rule 010.13-012(B) or (C).

2. A temporary license may be renewed one (1) time only for industrial projects, upon submission by the applicant of the items listed in Rule 010.13- 013(1)(a) above.

3. The Director of the Division of Occupational and Professional Licensing Boards and Commissions may renew a temporary license as a master electrician or journeyman electrician issued by the Board for more than one (1) additional period of six (6) months, if;

a. The renewal is for work to be performed on a specific industry project;

b. The Director of the Division determines that the additional renewal is necessary because actual construction will exceed one (1) year and an insufficient number of licensed electricians is available to perform the necessary work;

c. The temporary license is restricted to the industry projects for which it is issued; and

d. A temporary license fee in the amount of $50 for a master electrician and $25 for a journeyman electrician is paid.

4. The Board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shut-downs of not longer than six (6) weeks on industry projects as defined by Ark. Code Ann. § 17-28-102(f).

010.13-014 Revocation, Suspension, Surrender and Denial of Licenses

A. Authority of Board

The Board shall have the power to revoke or suspend any license or registration

235.11.23 Ark. Code R. 001

Adopted by Arkansas Register Volume 49, Number 04, Effective 3/29/2024