HB-4844, As Passed Senate, December 10, 2008
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4844
A bill to amend 1956 PA 217, entitled
"Electrical administrative act,"
by amending sections 1 and 3 (MCL 338.881 and 338.883), section 1
as amended by 1992 PA 130 and section 3 as amended by 2004 PA
275.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) For purposes of this act, the words defined in
2 this section, section 1a, and section 1b have the meanings
3 ascribed to them in those sections.
4 (2) "Electrical wiring" means all wiring, generating
5 equipment, fixtures, appliances, and appurtenances in connection
6 with the generation, distribution, and utilization of electrical
7 energy, within or on a building, residence, structure, or
8 properties, and including service entrance wiring as defined by
1 the code.
2 (3) "Electrical contractor" means a person, firm, or
3 corporation engaged in the business of erecting, installing,
4 altering, repairing, servicing, or maintaining electrical wiring,
5 devices, appliances, or equipment.
6 (4) "Master electrician" means a person having the necessary
7 qualifications, training, experience, and technical knowledge to
8 supervise the installation of electrical wiring and equipment in
9 accordance with the standard rules and regulations governing that
10 work.
11 (5) "Electrical journeyman" means a person other than an
12 electrical contractor who, as his or her principal occupation, is
13 engaged in the practical installation or alteration of electric
14 wiring. An electrical contractor or master electrician may also
15 be an electrical journeyman.
16 (6) "Apprentice electrician" means an individual other than
17 an electrical contractor, master electrician, or electrical
18 journeyman, who is engaged in learning about and assisting in the
19 installation or alteration of electrical wiring and equipment
20 under the direct personal supervision of an electrical journeyman
21 or master electrician.
22 (7) "Jobsite" means the immediate work area within the
23 property lines of a single construction project, alteration
24 project, or maintenance project where electrical construction or
25 alteration of electrical wiring is in progress.
26 (8) "Municipality" means a city, village, or township.
27 (9) "Minor repair work" means electrical wiring not in
1 excess of a valuation of $100.00.
2 (10) "State construction code act of 1972" means Act
No. 230
3 of the Public Acts of 1972, being sections 125.1501 to 125.1531
4 of the Michigan Compiled Laws. "Stille-DeRossett-Hale single
5 state construction code act" means 1972 PA 230, MCL 125.1501 to
6 125.1531.
7 (11) "Code" means the state construction code provided for
8 in section 4 of the Stille-DeRossett-Hale single state
9 construction code act, of 1972, or a part of that code which is
10 of limited application, and includes a modification of or
11 amendment to the code, or a nationally recognized model
12 electrical code adopted by a governmental subdivision pursuant to
13 section 8 8a of that act.
14 (12) "Enforcing agency" means the enforcing agency
15 responsible for the administration and enforcement of the
16 electrical code pursuant to section 8 or 9 8a of
the Stille-
17
DeRossett-Hale single state
construction code act. of 1972.
18 (13) "Board" means the electrical administrative board
19 created pursuant to section 2.
20 Sec. 3. (1) The department of energy, labor, and economic
21 growth shall grant licenses and certificates to qualified
22 applicants, issue orders and promulgate rules necessary for the
23 enforcement and administration of this act, and enforce and
24 administer this act. The rules shall be promulgated pursuant to
25 the administrative procedures act of 1969, 1969 PA 306, MCL
26 24.201 to 24.328.
27 (2) The examination fee for licensure of the following is
1 $25.00 if paid after September 30, 2012 and $100.00 if paid on or
2 before September 30, 2012:
3 (a) Master electrician.
4 (b) Electrical contractor.
5 (c) Electrical journeyman.
6 (d) Fire alarm contractor.
7 (e) Fire alarm specialty technician.
8 (f) Sign specialty contractor.
9 (g) Sign specialist.
10 (3) The fee for initial licensure, apprentice electrician
11 registration, or renewal of a license relating to electricians is
12 as follows:
13 (a) If paid after September 30, 2012:
|
14 |
(i) |
Master electrician...............$ 25.00 |
|
15 |
(ii) |
Electrical journeyman............ 20.00 |
|
16 |
(iii) |
Apprentice electrician........... 5.00 |
17 (b) If paid on or before September 30, 2012:
|
18 |
(i) |
Master electrician...............$ 50.00 |
|
19 |
(ii) |
Electrical journeyman............ 40.00 |
|
20 |
(iii) |
Apprentice electrician........... 15.00 |
21 (4) The fee for initial fire alarm specialty technician
22 licensure, fire alarm specialty apprentice technician
23 registration, or renewal of a license or registration is as
1 follows:
2 (a) If paid after September 30, 2012:
|
3 |
(i) |
Fire alarm specialty technician..$ 25.00 |
|
4 |
(ii) |
Fire alarm specialty apprentice |
|
5 |
|
technician....................... 5.00 |
6 (b) If paid on or before September 30, 2012:
|
7 |
(i) |
Fire alarm specialty technician..$ 50.00 |
|
8 |
(ii) |
Fire alarm specialty apprentice |
|
9 |
|
technician....................... 15.00 |
10 (5) The fee for initial sign specialist licensure or renewal
11 of a sign specialist license is $20.00 if paid after September
12 30, 2012 and $40.00 if paid on or before September 30, 2012.
13 (6) An apprentice electrician or specialty apprentice
14 technician registration expires on August 31 of each year and is
15 renewable within 30 days after that date upon payment of a
16 renewal fee of $10.00 if paid after September 30, 2012 and a
17 $15.00 renewal fee if paid on or before September 30, 2012. An
18 applicant shall submit proof of a sponsoring employer for initial
19 or renewal registration.
20 (7) Except as otherwise provided in subsection (8), a
21 license issued under this act expires on December 31 of each year
22 and is renewable not more than 60 days after that date upon
23 application and payment of the appropriate fee. After March 1 of
24 each year or after March 1 of the renewal year in the case of
25 electrical contractors, fire alarm contractors, and sign
1 specialty contractors, a license not renewed is void and may be
2 reinstated only upon application for reinstatement and payment of
3 the appropriate license fee for the appropriate class.
4 (8) The license for an electrical contractor, fire alarm
5 contractor, and sign specialty contractor expires December 31 of
6 every third year. The license for an electrical contractor, fire
7 alarm contractor, and sign specialty contractor is renewable not
8 later than on March 1 every third year upon application and
9 payment of $200.00 if paid after September 30, 2012 and $300.00
10 if paid on or before September 30, 2012 by electrical contractors
11 and fire alarm contractors and application and payment of $120.00
12 if paid after September 30, 2012 and $200.00 if paid on or before
13 September 30, 2012 by sign specialty contractors. In the case of
14 a person applying for an initial or reinstatement contractor's
15 license at a time other than between December 31 and March 1 of
16 the year in which the department issues renewal licenses, the
17 department shall compute and charge the 3-year license fee
18 described in this subsection on a yearly pro rata basis beginning
19 in the year of the application until the last year of the 3-year
20 license cycle.
21 (9) Beginning the effective date of the amendatory act that
22 added this subsection July
23, 2004, the department of energy,
23 labor, and economic growth shall issue an initial or renewal
24 license for electrical contractors, fire alarm contractors, and
25 sign specialty contractors not later than 90 days after the
26 applicant files a completed application. Receipt of the
27 application is considered the date the application is received by
1 any agency or department of the state of Michigan. If the
2 application is considered incomplete by the department of energy,
3 labor, and economic growth, the department of energy, labor, and
4 economic growth shall notify the applicant in writing, or make
5 the information electronically available, within 30 days after
6 receipt of the incomplete application, describing the deficiency
7 and requesting the additional information. The 90-day period is
8 tolled upon notification by the department of energy, labor, and
9 economic growth of a deficiency until the date the requested
10 information is received by the department of energy, labor, and
11 economic growth. The determination of the completeness of an
12 application does not operate as an approval of the application
13 for the license and does not confer eligibility of an applicant
14 determined otherwise ineligible for issuance of a license.
15 (10) If the department of energy, labor, and economic growth
16 fails to issue or deny a license within the time required by this
17 section, the department of energy, labor, and economic growth
18 shall return the license fee and shall reduce the license fee for
19 the applicant's next renewal application, if any, by 15%. The
20 failure to issue a license within the time required under this
21 section does not allow the department of energy, labor, and
22 economic growth to otherwise delay the processing of the
23 application, and that application, upon completion, shall be
24 placed in sequence with other completed applications received at
25 that same time. The department of energy, labor, and economic
26 growth shall not discriminate against an applicant in the
27 processing of the application based upon the fact that the
1 license fee was refunded or discounted under this subsection.
2 (11) Beginning October 1, 2005, the director of the
3 department of energy, labor, and economic growth shall submit a
4 report by December 1 of each year to the standing committees and
5 appropriations subcommittees of the senate and house of
6 representatives concerned with occupational issues. The director
7 shall include all of the following information in the report
8 concerning the preceding fiscal year:
9 (a) The number of initial and renewal applications the
10 department received and completed within the 90-day time period
11 described in subsection (9).
12 (b) The number of applications denied.
13 (c) The number of applicants not issued a license within the
14 90-day time period and the amount of money returned to licensees
15 under subsection (10).
16 (12) The board shall provide for an examination to be given
17 to an applicant seeking licensure under this act for a specific
18 class of license. The board and department of energy, labor, and
19 economic growth, acting jointly, may develop an examination or
20 contract for the use of an examination developed by another
21 governmental subdivision or any other entity including, but not
22 limited to, the national assessment institute, which the
23 department of energy, labor, and economic growth and the board,
24 acting jointly, review and determine is designed to test the
25 qualifications and competency of applicants seeking licensure
26 under this act.
27 (13) The examination for electrical journeymen and master
1 electricians shall include, but not be limited to, questions
2 designed to test an individual's knowledge of this act, any rules
3 promulgated under this act, the Stille-DeRossett-Hale single
4 state construction code act, and any code adopted pursuant to
5 section 4 of that act and any code adopted pursuant to section 8
6 8a of that act as well as the theory relative to those codes. In
7 the case of the examination for an electrical contractor's
8 license, the examination shall include, but not be limited to,
9 questions designed to test an individual's knowledge of this act,
10 any rules promulgated under this act, the Stille-DeRossett-Hale
11 single state construction code act, and the administration and
12 enforcement procedures of any code adopted pursuant to section 8
13 or 9 8a of that act.
14 (14) The board shall provide for an examination to be given
15 to an applicant seeking fire alarm specialty licensure under this
16 act. The examinations for fire alarm specialty licensure shall
17 include questions designed to test an individual's knowledge of
18 this act, any rules promulgated under this act, and the Stille-
19 DeRossett-Hale single state construction code act, as relating to
20 fire alarm systems. The board and department of energy, labor,
21 and economic growth, acting jointly, may require, as a condition
22 for licensure, certification of the applicant in the field of
23 fire alarm systems technology by the national institution for
24 certification in engineering technology or equivalent as
25 determined by the board.
26 (15) The board shall provide for an examination to be given
27 to an applicant seeking sign specialty licensure under this act.
1 The examinations for sign specialty licensure shall include, but
2 not be limited to, questions designed to test an individual's
3 knowledge of this act and any rules promulgated under this act
4 relating to electric signs and applicable sections of the code.
5 (16) Examinations shall be offered at locations throughout
6 the state as determined by the board. The department of energy,
7 labor, and economic growth in consultation with the board may
8 designate a person to give the examination at any location.
9 Copies of examinations developed by a governmental subdivision
10 shall be presented for board approval and shall remain the
11 property of the governmental subdivision and shall be returned to
12 that governmental subdivision without having been copied or
13 reproduced in any manner.
14 (17) The department of energy, labor, and economic growth
15 shall annually submit to the members of the legislature a
16 comprehensive report detailing the expenditure of the additional
17 money resulting from the 1989 amendatory act that increased the
18 fees contained in this section.
19 (18) As used in this section, "completed application" means
20 an application complete on its face and submitted with any
21 applicable licensing fees as well as any other information,
22 records, approval, security, or similar item required by law or
23 rule from a local unit of government, a federal agency, or a
24 private entity but not from another department or agency of the
25 state of Michigan.