PRINTER'S NO. 3626
No. 2474 Session of 2006
INTRODUCED BY CAPPELLI, BELFANTI, BEYER, GEIST, GRUCELA,
HERSHEY, JAMES, LaGROTTA, MUSTIO, SIPTROTH, SURRA, YUDICHAK
AND McILHINNEY, MARCH 6, 2006
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 6, 2006
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.--There is hereby established the State
21 Board of Electrical Contractors 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. It shall
6 be the responsibility of the board to circulate the forms and
7 educate the public regarding the requirements of being licensed
8 as an electrical contractor.
9 (d) Appointment and term of membership.--Professional and
10 public members shall be appointed by the Governor with the
11 advice and consent of the Senate. Professional and public
12 members shall be citizens of the United States and residents of
13 this Commonwealth. Except as provided in subsection (e),
14 professional and public members shall serve a term of four years
15 or until a successor has been appointed and qualified but in no
16 event longer than six months beyond the four-year period. In the
17 event that a members dies or resigns or otherwise is
18 disqualified during the term of office, a successor shall be
19 appointed in the same way and with the same qualifications and
20 shall hold office for the unexpired term. A professional or
21 public member shall not be eligible to serve more than two
22 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, shall have satisfied eligibility
3 requirements 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 he 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 be responsible for the day-to-day
12 operation of the board and administration of the board's
13 activities.
14 (i) Expenses.--Each professional and public member of the
15 board shall receive $60 per diem when actually attending to the
16 work of the board. A member shall also receive the amount of
17 reasonable travel, hotel and other necessary expenses incurred
18 in the performance of his duties in accordance with Commonwealth
19 regulations.
20 (j) Forfeiture.--A public or professional member who fails
21 to attend three consecutive meetings shall forfeit his seat
22 unless the commissioner, upon written request from the member,
23 finds that the member should be excused from a meeting because
24 of illness or the death of a family member.
25 (k) Training seminars.--A public member who fails to attend
26 two consecutive statutorily mandated training seminars in
27 accordance with section 813(e) of the act of April 9, 1929
28 (P.L.177, No.175), known as The Administrative Code of 1929,
29 shall forfeit his seat unless the commissioner, upon written
30 request from the public member, finds that the public member
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1 should be excused from a meeting because of illness or the death
2 of a family member.
3 (l) Frequency of meetings.--The board shall meet at least
4 four times a year in the City of Harrisburg and at such
5 additional times as may be necessary to conduct the business of
6 the board.
7 Section 4. Powers and duties of State Board of Electrical
8 Contractors.
9 The board shall have the following powers and duties:
10 (1) To provide for and regulate the licensing of
11 individuals engaged in electrical contracting.
12 (2) To issue licenses, renew licenses, reinstate
13 licenses, fail to renew, suspend and revoke licenses as
14 provided in this act.
15 (3) To administer and enforce the provisions of this
16 act.
17 (4) To investigate applications for licensure and to
18 determine the eligibility of an individual applying for
19 licensure.
20 (5) To promulgate and enforce regulations, not
21 inconsistent with this act, as necessary only to carry into
22 effect the provisions of this act. Regulations shall be
23 adopted in conformity with the provisions of the act of July
24 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
25 Documents Law, and the act of June 25, 1982 (P.L.633,
26 No.181), known as the Regulatory Review Act.
27 (6) To keep minutes and records of all its transactions
28 and proceedings.
29 (7) To submit annually to the department an estimate of
30 financial requirements of the board for its administrative,
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1 legal and other expenses.
2 (8) To submit an annual report to the Consumer
3 Protection and Professional Licensure Committee of the Senate
4 and the Professional Licensure Committee of the House of
5 Representatives. The report shall include a description of
6 the types of complaints received, status of cases, the action
7 which has been taken and the length of time from initial
8 complaint to final resolution.
9 (9) To submit an annual report to the Appropriations
10 Committee of the Senate and the Appropriations Committee of
11 the House of Representatives, 15 days after the Governor has
12 submitted a budget to the General Assembly. The board shall
13 also submit a copy of the budget request for the upcoming
14 fiscal year which the board previously submitted to the
15 department.
16 Section 5. Application and exemptions.
17 (a) Scope of practice.--This act does not apply to:
18 (1) The installation of electrical equipment in a ship,
19 watercraft other than a floating building, railway rolling
20 stock, aircraft, motor vehicle or recreational vehicle.
21 (2) The installation of electrical equipment underground
22 in a mine and in self-propelled mobile surface mining
23 machinery and its attendant electrical trailing cable.
24 (3) The installation of electrical equipment for
25 generation, transformation, transmission or distribution of
26 power used exclusively to operate railway rolling stock or
27 exclusively for signaling and communication purposes.
28 (4) The installation, maintenance, alteration or repair
29 of communications equipment provided by a telecommunications
30 provider.
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1 (5) The installation, maintenance, alteration or repair
2 of electrical equipment under the exclusive control of an
3 electric utility, power generation company, electric
4 cooperative or municipally owned utility and used for
5 communications or metering or for the generation, control,
6 transformation, transmission and distribution of electrical
7 energy and located:
8 (i) in a building used exclusively by a utility or
9 power generation company for those purposes;
10 (ii) outdoors on property owned and leased by the
11 utility or power generation company;
12 (iii) on public highways, streets, roads or other
13 public rights-of-way; or
14 (iv) outdoors by established rights in vaults or on
15 private property.
16 (6) Work not specifically regulated by a municipal
17 ordinance that is performed in or on a dwelling by a person
18 who owns and resides in the dwelling.
19 (7) Work involved in the manufacture of electrical
20 equipment that includes the onsite and offsite manufacturing,
21 commissioning, testing, calibrating, coordinating,
22 troubleshooting or evaluating of electrical equipment, the
23 repairing or retrofitting of electrical equipment with
24 components of the same ampacity, and the maintenance and
25 servicing of electrical equipment within the equipment's
26 enclosure that is performed by an authorized employee of an
27 electrical equipment manufacturer and limited to the type of
28 products manufactured by the manufacturer.
29 (8) Electrical work if:
30 (i) The work is performed by a person who does not
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1 engage in electrical work for the public.
2 (ii) The work is performed by a person regularly
3 employed as a maintenance person or maintenance
4 electrician for a business.
5 (9) The installation, maintenance, alteration or repair
6 of electrical equipment or associated wiring under the
7 exclusive control of a gas utility and used for
8 communications or metering or for the control, transmission
9 or distribution of natural gas.
10 (10) Thoroughfare lighting, traffic signals, intelligent
11 transportation systems and telecommunications controlled by a
12 governmental entity.
13 (11) The design, installation, erection, repair or
14 alteration of Class 1, Class 2 or Class 3 remote control,
15 signaling or power-limited circuits, fire alarm circuits,
16 optical fiber cables or communications circuits, including
17 raceways, as defined by the National Electrical Code.
18 (12) Landscape irrigation installers as necessary to
19 perform the installation and maintenance of irrigation
20 control systems and landscapers as necessary to perform the
21 installation and maintenance of low-voltage exterior lighting
22 and holiday lighting excluding any required power source.
23 (13) Electrical work performed at a business that
24 operates:
25 (i) a chemical plant, petrochemical plant, refinery,
26 natural gas plant, natural gas treating plant, pipeline
27 or oil and gas exploration and production operation by a
28 person who works solely for and is employed by that
29 business; or
30 (ii) a chemical plant, petrochemical plant refinery,
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1 natural gas plant or natural gas treatment plant by a
2 person who under a contract of at least 12 months'
3 duration performs electrical work for that plant.
4 (14) The installation, maintenance, alteration or repair
5 of equipment or network facilities provided or utilized by a
6 cable operator, as that term is defined by 47 U.S.C. § 522
7 (relating to definitions).
8 (15) The location, design, construction, extension,
9 maintenance and installation of onsite sewage disposal.
10 (16) Electrical work performed on a building, structure
11 or equipment in agricultural use, other than the processing
12 of an agricultural commodity.
13 (17) The installation, maintenance, alteration or repair
14 of well pumps and equipment.
15 (18) Electrical work required for the construction and
16 assembly of HUD-code manufactured housing or modular housing
17 and building units, other than the installation of service
18 entrance conductors, if work performed is within the scope of
19 the license as defined by applicable statutes and
20 administrative rules.
21 (b) Applicability.--This act applies to an installation in a
22 building used by a utility for purposes other than a purpose
23 listed in this section, including an office building, warehouse,
24 garage, machine shop or recreational building that is not an
25 integral part of a generating plant, substation or control
26 center.
27 (c) Contracts for political subdivision.--This act does not
28 require a political subdivision of the Commonwealth, including a
29 school district or a municipality, to hold an electrical
30 contractor license or an electrical sign contractor license
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1 under this act to be authorized to employ a person to perform
2 electrical work for the political subdivision. This act does not
3 exempt an employee of a political subdivision from the
4 requirement of holding the appropriate license under this act to
5 perform electrical work.
6 Section 6. License required.
7 (a) General rule.--It shall be unlawful for any person to
8 hold himself forth as a licensed electrical contractor unless
9 that person shall first have obtained a license in accordance
10 with this act. The licensee shall assume full responsibility for
11 inspection and supervision of all electrical work to be
12 performed in accordance with recognized safety standards adopted
13 by regulation of the board.
14 (b) Licensing or registration required.--It shall be
15 unlawful for a person to perform work as described in the
16 definition of electrical contracting unless the person is a
17 licensed electrical contractor, licensed journeyman electrician
18 or registered apprentice under this act.
19 Section 7. Qualifications required for licensure.
20 (a) Applicant requirements.--An applicant for a license
21 under this act shall:
22 (1) Submit to the board a completed application on a
23 form prescribed by the board.
24 (2) Submit to the board any other information required
25 by board regulation.
26 (3) Demonstrate to the satisfaction of the board the
27 appropriate amount of electrical work experience as required
28 by this act.
29 (4) Demonstrate the applicant's honesty, trustworthiness
30 and integrity.
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1 (5) Pay the application and examination fees.
2 (b) Application regulations.--The board shall promulgate
3 regulations to establish a process by which it shall evaluate
4 the experience required of applicants for a license under this
5 act.
6 (c) Background examination.--The board may conduct an
7 examination of any criminal conviction of an applicant,
8 including obtaining any criminal history record information
9 permitted by law.
10 Section 8. Master electrician.
11 (a) License.--An applicant for a license as a master
12 electrician shall have:
13 (1) Accumulated no fewer than 12,000 hours of on-the-job
14 training under the supervision of a master electrician.
15 (2) Held a journeyman electrician license for at least
16 two years.
17 (3) Passed a master electrician examination administered
18 under this act.
19 (b) Scope of work.--A master electrician may:
20 (1) Perform all electrical work, including electrical
21 work performed by a master sign electrician.
22 (2) Supervise an electrician.
23 (3) Verify compliance with on-the-job training
24 requirements for issuance of a master electrician license,
25 master sign electrician license, journeyman electrician
26 license or journeyman sign electrician license.
27 (4) Serve as master of record for an electrical sign
28 contractor.
29 Section 9. Master sign electrician.
30 An applicant for a license as a master sign electrician shall
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1 have:
2 (1) Accumulated at least 12,000 hours of on-the-job
3 training under the supervision of a master sign electrician.
4 (2) Passed a master sign electrician examination
5 administered under this act.
6 Section 10. Journeyman electrician.
7 An applicant for a license as a journeyman electrician shall
8 have:
9 (1) Accumulated no fewer than 8,000 hours of on-the-job
10 training under the supervision of a master electrician.
11 (2) Pass a journeyman electrician examination
12 administered under this act.
13 Section 11. Journeyman sign electrician.
14 An applicant for a license as a journeyman sign electrician
15 shall have:
16 (1) Accumulated no fewer than 8,000 hours of on-the-job
17 training under the supervision of a master sign electrician.
18 (2) Passed a journeyman sign electrician examination
19 administered under this act.
20 Section 12. Residential wireman.
21 An applicant for a license as a resident wireman shall have:
22 (1) Accumulated no fewer than 4,000 hours of on-the-job
23 training under the supervision of a master electrician or
24 residential wireman.
25 (2) Passed an examination for residential wireman
26 administered under this act.
27 Section 13. Maintenance electrician.
28 An applicant for a license as a maintenance electrician shall
29 have:
30 (1) Accumulated no fewer than 8,000 hours of on-the-job
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1 training under the supervision of a master electrician or
2 maintenance electrician.
3 (2) Pass a maintenance electrician examination
4 administered under this act.
5 Section 14. Electrical contractors.
6 (a) Applicant requirements.--An applicant for a license as
7 an electrical contractor shall:
8 (1) Be licensed under this act as a master electrician
9 or employ a person licensed under this act as a master
10 electrician.
11 (2) Establish proof of financial responsibility in the
12 manner prescribed by the board.
13 (3) Maintain workers' compensation coverage for the
14 contractor's employees through an insurance company
15 authorized to engage in the business of insurance in this
16 Commonwealth or through self-insurance.
17 (b) Limitations on master electricians.--A person who holds
18 a master electrician license issued or recognized under this act
19 may only be assigned to a single electrical contractor unless
20 the master electrician owns more than 50% of the electrical
21 contracting business.
22 Section 15. Electrical sign contractor.
23 (a) Applicant requirements.--An applicant for a license as
24 an electrical contractor shall:
25 (1) Be licensed under this act as a master sign
26 electrician or employ a person licensed under this act as a
27 master sign electrician.
28 (2) Establish proof of financial responsibility in the
29 manner prescribed by the board.
30 (3) Maintain workers' compensation coverage for the
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1 contractor's employees through an insurance company
2 authorized to engage in the business of insurance in this
3 Commonwealth or through self-insurance.
4 (b) Limitations on master sign electricians.--A person who
5 holds a master sign electrician license issued or recognized
6 under this act may only be assigned to a single electrical sign
7 contractor unless the master sign electrician owns more than 50%
8 of the electrical sign contracting business.
9 Section 16. Apprentices.
10 (a) Apprentices to electricians.--Except as provided in
11 subsection (b), an applicant for a license as an electrical
12 apprentice shall be at least 16 years of age and be engaged in
13 the process of learning and assisting in the installation of
14 electrical work under the supervision of a licensed master
15 electrician.
16 (b) Electrical sign apprentices.--An applicant for a license
17 as an electrical sign apprentice shall be at least 18 years of
18 age and be engaged in the process of learning and assisting in
19 the performance of electrical sign work under the supervision of
20 a licensed master sign electrician.
21 (c) Temporary apprentice licenses.--On the request of an
22 applicant for an apprentice license, the board shall issue a
23 temporary apprentice license that expires on the 21st day after
24 the date of issuance to an applicant who meets the
25 qualifications established by the board.
26 (d) Establishment of qualifications.--The board by
27 regulation shall set the fee, establish the qualifications and
28 provide for the issuance of a temporary apprentice license under
29 this section.
30 Section 17. Emergency license.
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1 (a) Emergency licenses.--An emergency license issued under
2 this section expires on the 90th day after the date of issuance.
3 (b) Regulations.--The board may promulgate regulations
4 providing for the extension of an emergency license issued under
5 this section.
6 Section 18. Examinations.
7 (a) Statewide administration.--Examinations required by this
8 act shall be conducted throughout this Commonwealth.
9 (b) Development and content.--The board shall accept,
10 develop or contract for the examination required by this act,
11 including the administration of the examinations. Each
12 examination shall test the knowledge of the applicant about
13 materials and methods used in electrical installations related
14 to the activities that may be performed within each class of
15 license under this act and the standards prescribed by the
16 electrical code.
17 (c) Passing standard.--The board shall determine uniform
18 standards for acceptable performance on an examination.
19 Section 19. Examination results.
20 (a) Notification.--Not later than the 30th day after the
21 date on which an examination is administered under this act, the
22 board shall notify each examinee of the results of the
23 examination. If an examination is graded or reviewed by a
24 national testing service, the board shall notify examinees of
25 the result of the examination not later than the 14th day after
26 the date on which the board receives the results from the
27 testing service.
28 (b) Delay for notification.--If the notice of the
29 examination results will be delayed for more than 60 days after
30 the examination date, the board shall notify each examinee of
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1 the reason for the delay before the 60th day.
2 (c) Request for analysis.--If requested in writing by a
3 person who fails an examination administered under this act, the
4 board shall provide to the person an analysis of the person's
5 performance on the examination.
6 Section 20. Examination exemption.
7 For a period of one year following the effective date of this
8 act, the board may grant licenses without examination to an
9 individual who submits an application for licensure, accompanied
10 by the required fee, with proof that the applicant has satisfied
11 the required number of hours of on-the-job training for the type
12 of license sought.
13 Section 21. Nonresident license applicant.
14 The board may issue a license under this act to an applicant
15 who holds a license in another state and who submits a proper
16 application and pays the required fees if the board determines
17 that the applicant is licensed in a state which has standards of
18 licensure substantially similar to those provisions of this act.
19 Section 22. Licenses.
20 (a) Issuance.--Not later than the 30th day after the date on
21 which the board determines that an applicant has passed the
22 examination required under this act, the board shall issue a
23 license to the applicant if the applicant has complied with the
24 application requirements and paid the fees required by this act.
25 (b) Nontransferability.--A license issued by the board is
26 valid throughout this Commonwealth and is not transferable.
27 Section 23. Display of license.
28 (a) Display of license.--An electrical contractor and
29 electrical sign contractor shall display the contractor's
30 business name and the number of the license issued by the board
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1 on each vehicle owned by the contractor.
2 (b) Required information.--The required information to be
3 displayed is:
4 (1) Letters and numbers that are printed at least two
5 inches high and in a color that contrasts with the color of
6 the background surface.
7 (2) Permanently affixed in a conspicuous place on both
8 sides of the vehicle.
9 Section 24. License renewal.
10 (a) Expiration.--Except as provided in subsection (b), a
11 license expires annually on December 31 of each year. It may be
12 renewed annually on payment of the required renewal fee.
13 (b) Fees.--By regulation, the board may adopt a system under
14 which licenses expire on various dates during the year. For the
15 year in which the license expiration date is changed, renewal
16 fees payable on or before December 31 shall be prorated on a
17 monthly basis so that each license holder pays only that portion
18 of the renewal fee that is applicable to the number of months
19 during which the license is valid. On renewal of the license on
20 the new expiration date, the total renewal fee is due.
21 (c) Pending expiration.--Not later than the 30th day
22 preceding the expiration date of a person's license, the board
23 shall notify the person in writing, at the person's last known
24 mailing address, of the impending license expiration. A person
25 may renew an unexpired license by paying to the board, before
26 the license expiration date, the required renewal fee.
27 Section 25. Continuing education.
28 (a) Number of hours.--To renew a master electrician,
29 journeyman electrician, master sign electrician, journeyman sign
30 electrician, maintenance electrician or residential wireman
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1 license, the license holder shall complete four hours of
2 continuing education annually.
3 (b) Course content.--Continuing education courses that
4 satisfy the requirements of this section shall address the
5 National Electrical Code and Commonwealth laws and regulations
6 that regulate the conduct of license holders under this act.
7 (c) Fee and courses.--By regulation, the board shall approve
8 continuing education courses, online continuing education
9 courses, course content and course providers. The board may
10 promulgate a regulation instituting a fee for the administration
11 of the board's duties regarding continuing education.
12 Section 26. Violations.
13 (a) General rule.--An individual or the responsible officers
14 or employees of a corporation, partnership, firm or other entity
15 violating a provision of this act or a regulation of the board
16 commits a misdemeanor and shall, upon conviction, be sentenced
17 to pay a fine of not more than $1,000, or to imprisonment for
18 not more than six months for the first violation. For the second
19 and each subsequent conviction, the individual shall be
20 sentenced to pay a fine of not more than $2,000, or to
21 imprisonment for not less than six months nor more than one
22 year, or both.
23 (b) Civil penalty.--In addition to any other civil remedy or
24 criminal penalty provided for in this act, the board, by a vote
25 of the majority of the maximum number of the authorized
26 membership of the board as provided by law or by a vote of the
27 majority of the duly qualified and confirmed membership or a
28 minimum of five members, whichever is greater, may levy a civil
29 penalty of up to $1,000 on any of the following:
30 (1) An electrical contractor who violates a provision of
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1 this act.
2 (2) An individual who holds himself out as an electrical
3 contractor without being properly licensed as provided in
4 this act.
5 (3) The responsible officers or employees of a
6 corporation, partnership, firm or other entity violating a
7 provision of this act.
8 (c) Procedure.--The board shall levy the civil penalty under
9 subsection (b) only after affording the accused the opportunity
10 for a hearing as provided in 2 Pa.C.S. (relating to
11 administrative law and procedure).
12 Section 27. Refusal, suspension or revocation of license.
13 (a) General rule.--The board may refuse, suspend or revoke a
14 license in a case where the board finds:
15 (1) The licensee is negligent or incompetent in
16 electrical contracting.
17 (2) The licensee has willfully or repeatedly violated
18 any of the provisions of this act or a regulation of the
19 board.
20 (3) The licensee has committed fraud or deceit in
21 securing licensure.
22 (4) The licensee has had a license suspended or revoked
23 or has received other disciplinary action by the proper
24 licensing authority in another state, territory, possession
25 of the United States or country.
26 (5) With respect to the practice of electrical
27 contracting, the licensee has acted in such a manner as to
28 present an immediate and clear danger to health or safety or
29 property.
30 (6) The licensee possessed, used, acquired or
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1 distributed a controlled substance.
2 (b) Authorized acts.--When the board finds that the license
3 of an electrical contractor may be refused, revoked or suspended
4 pursuant to subsection (a), the board may:
5 (1) Deny the application for a license.
6 (2) Revoke, suspend, limit or otherwise restrict a
7 license.
8 (3) Restore or reissue, at its discretion, a suspended
9 license and impose any disciplinary or corrective measure
10 which it might originally have imposed.
11 Section 28. Suspensions and revocations.
12 A suspension or revocation shall be made only in accordance
13 with the regulations of the board and only by majority vote of
14 the members of the board after a full and fair hearing. An
15 action of the board shall be taken subject to the right of
16 notice, hearing and adjudication and the right of appeal, in
17 accordance with the provisions of 2 Pa.C.S. (relating to
18 administrative law and procedure). The board, by majority action
19 and in accordance with its regulations, may reissue a license
20 which has been suspended.
21 Section 29. Appropriation and repayment.
22 The sum of $85,000, or as much as may be necessary, is
23 appropriated from the Professional Licensure Augmentation
24 Account to the Department of State for the payment of costs
25 associated with processing licenses and renewing licenses, for
26 the operation of the board and for other costs associated with
27 this act. The appropriation shall be repaid by the board within
28 three years of the beginning of issuance of licenses by the
29 board.
30 Section 30. Severability.
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1 The provisions of this act are severable. If any provision of
2 this act or its application to any person or circumstance is
3 held invalid, the invalidity shall not affect other provisions
4 or applications of this act which can be given effect without
5 the invalid provision or application.
6 Section 31. Regulations.
7 Within 18 months of the effective date of this section, the
8 board shall promulgate regulations to carry out this act.
9 Section 40. Effective date.
10 This act shall take effect in one year.
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