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CHAPTER 319-C
ELECTRICIANS

Section 319-C:1

    319-C:1 Electricians. – No electrical installation shall be made for compensation, unless made by an electrician or other person licensed by the electricians' board, except as provided in this chapter.

Section 319-C:2

    319-C:2 Definitions. – In this chapter:
    I. "Apprentice electrician'' means a person who is engaged in learning and assisting in making electrical installations under the direct supervision of a master or journeyman electrician.
    II. "Board'' means the electricians' board.
    III. "Electrical installations'' means the installation, repair, alteration and maintenance of electrical conductors, fittings, devices and fixtures for heating, lighting or power purposes, regardless of the voltage. The term does not include the installation or repair of portable appliances and other portable electrical equipment, installation of which involves only the insertion of an attachment plug into a fixed receptacle outlet. The word "portable'' does not include or apply to any type of fixed electrically operated or driven equipment.
    III-a. "High/medium voltage power distribution system installation'' means the installation, repair, alteration, and maintenance of electrical conductors, fittings, devices, fixtures, and equipment, from the source of supply to the first disconnecting means of a building or structure, for over 600 volt power distribution systems. The term shall also include the associated metering and controls of the distribution system, the secondary conductor terminations of the pad mount transformer, the underground conductors between the base of the pole and the secondary terminals of the pole mounted transformer, and the overhead conductors between the secondary terminals of the pole mounted transformer and the point of attachment to a building or structure, regardless of the voltage.
    III-b. "High/medium voltage electrician'' means a person who, as a business, hires or employs another, as defined in administrative rules, to make electrical installations on high/medium voltage power distribution systems operating at over 600 volts, or without hiring another, makes electrical installations on high/medium voltage power distribution systems operating at over 600 volts, including associated controls and metering, as a principal or auxiliary business for their own account.
    III-c. "Incidental electrical work'' means a job of minor consequence which occurs by chance, not needing calculations.
    IV. "Journeyman electrician'' means a person doing work of installing electrical wires, conduits, apparatus, fixtures and other electrical equipment. A journeyman electrician shall be employed by a master electrician, except as provided in RSA 319-C:10. Each journeyman electrician may have one apprentice electrician working with him and under his personal supervision. Each journeyman electrician shall work under the direction and supervision of a master electrician.
    V. "Master electrician'' means a person either employed by another master electrician or who, as a business, hires or employs another to do electrical work, or, without hiring another, makes electrical installations as a principal or auxiliary business for his or her own account. Each master electrician may have no more than 2 apprentice electricians working with him or her under his or her personal supervision, provided this authorization shall not apply to more than 6 master electricians for each work location.

Section 319-C:3

    319-C:3 Exceptions. – This chapter shall not apply to the following:
    I. Any person, or any affiliate or employee of such person, under the jurisdiction of the public utilities commission of this state, or the Federal Communications Commission, or the Interstate Commerce Commission, or any employee of such person, for the purpose of making electrical installations in the course of such employment.
    II. The electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any utility by a utility company in rendering its authorized service, or in any way incidental thereto.
    III. Any electrical equipment and work including installation, operation, maintenance and repair, in or about industrial or manufacturing plants or electrical generating plants performed by a person or persons in the regular employ of the plants.
    IV. Any electrical equipment and work, including installation, operation, maintenance and repair in, on or about other properties, equipment or buildings, residential or of any other kind, owned or controlled by the operators of industrial or manufacturing plants, provided such work is done under the supervision of an electrical engineer in the employ of said operator.
    V. The electrical work and equipment in mines, pipe line systems, ships, railway rolling stock or automotive equipment, or the operation of portable sound equipment.
    VI. Any electrical installations or equipment involved in the manufacture, test or repair of electrical equipment in the manufacturer's plant.
    VII. Installations in laboratories of exposed electrical wiring for experimental purposes only.
    VIII. Regular employees of owners or lessees of real property doing incidental electrical work, or persons whose occupation is the doing of miscellaneous jobs of manual labor in the course of which some incidental electrical work is done.
    IX. Installation of fuel oil, natural, propane, or other burnable gas furnace, or boiler equipment and controls connected thereto.
    IX-a. Any electrical installations in residential or commercial buildings performed by students enrolled in a high school vocational electrical program, college vocational electrical program, and apprenticeship training program, approved by the department of education, provided such work is performed under the supervision of either a teacher holding an electrician's license or by a licensed electrician who is a supervisor of students in cooperative education placements from such programs; and in those cases where the installation is in a new building being constructed as a part of the vocational program, that the installation will be inspected and approved by an individual or group of individuals chosen by the local school districts from persons nominated by the state board of electricians. Any person nominated by the state board shall hold a master's license issued by the board.
    X. Any electrical work and equipment employed in connection with the construction, installation, operation, repair or maintenance of any public highway, including traffic devices thereon by employees of any unit of government having a responsibility for the highway; or an independent contractor employed by any unit of government installing, constructing or maintaining any conduit or piping for an electrical system associated with a highway.
    XI. A person who makes or, as a business, hires or employs another to make, electrical installations, repairs, alterations, or maintenance on automatic irrigation systems operating at 30 volts or less.
    XII. An elevator or accessibility lift mechanic licensed by the labor commissioner under RSA 157-B:8-a and rules adopted thereunder (a) for accessibility lifts, at the wiring originating from the final disconnecting means at the equipment; or (b) for elevators, at the equipment disconnects located in the elevator machine room and associated with the elevator equipment, elevator hoistway doors, and elevator car only; in both commercial and residential installations on elevator and accessibility lift controls.

Section 319-C:4

    319-C:4 Board. –
    I. There shall be an electricians' board consisting of 5 members, including 2 master electricians, one journeyman electrician, and 2 public members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 terms. The state fire marshal or his designee shall be an ex officio member of the board, but shall not vote in board determinations.
    I-a. No member of the board shall serve more than 12 years, including the time of 2 5-year terms, being held over after a term expires, and fulfilling an unexpired term. Members' terms shall be staggered and in no case shall any member's term coincide with another member's term. To avoid coinciding terms, the next appointment for a member shall be for a term which complies with this paragraph.
    II. Each public member of the board shall be a person who is not, and never was, a member of the electrical trade or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of electrical services or an activity directly related to the electrical trade, including the representation of the board or trade for a fee at any time during the 5 years preceding appointment.
    III. The members of the board, other than state employees, shall each be allowed the sum of $30 per day and their necessary traveling expenses incurred in carrying out their official duties.
    IV. All administrative, clerical, and business processing functions, and personnel and equipment of the board shall be transferred to the joint board of licensure and certification, established in RSA 310-A:1. For the remainder of fiscal year 2013, the fees collected by the joint board shall be deposited in the fire standards and training and emergency medical services fund, established in RSA 21-P:12-d, and used for the purposes of operating expenses of the electricians' board.

Section 319-C:5

    319-C:5 Inspectors. –
    I. The board shall be empowered to appoint such inspectors as may be necessary to carry out the purposes of this chapter. Any person so employed shall be under the administration and supervisory direction of the board.
    II. An inspector appointed under this section shall have authority to enter any premises in which an electrical installation subject to rules adopted under RSA 319-C:6-a is being installed, replaced or repaired for the purpose of making such inspection as is necessary to carry out his responsibilities under this section.
    III. The inspector may order the removal or correction of any violation of any rule adopted under RSA 319-C:6-a, and may order any public utility furnishing electricity to such installation to disconnect the same until the violations are corrected.
    IV. Whenever an inspector orders the removal or correction of a violation under paragraph III, he shall immediately notify the local building inspection department or administrative authority of the town where the violation is located, and further order that all work related to correction of the violation be discontinued. The local building authority shall approve the continuation of work on the installation upon being satisfied that any violations have been corrected and shall notify the inspector of such approval.

Section 319-C:6

    319-C:6 Organization and Meetings. – The board shall hold at least 4 regular meetings each year, and special meetings may be held at such times as the business of the board may require. Notice of all meetings shall be given in such manner as the rules of the board may provide. The board shall annually elect a chairman, a vice-chairman, and a secretary, who shall be one of the appointed members. A quorum of the board shall consist of not less than 3 members, not including the ex officio member, and at least one of whom shall be a public member.

Section 319-C:6-a

    319-C:6-a Rulemaking Authority. – The board, with an affirmative vote of at least 3 of the 5 appointed board members, shall adopt rules, pursuant to RSA 541-A, relative to:
    I. The application procedure for a license to practice under this chapter;
    II. The qualifications of applicants in addition to those requirements established under this chapter, and including the qualifications for satisfactory evidence of:
       (a) A high school education, and
       (b) Good professional character;
    III. How an applicant shall be examined and procedures for computerized examinations;
    IV. How a license to practice under this chapter shall be renewed, including the requirements for continuing education;
    V. The establishment of all fees required under this chapter;
    V-a. The applicable version of the National Electrical Code with any discretionary changes, provided that any such changes are no less stringent than provided in the state building code administered and approved by the state building code review board under RSA 155-A;
    VI. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards;
    VII. Procedures and policy for the investigation of complaints against licensees or registrants;
    VIII. Procedures for the conduct of hearings consistent with the requirements of due process; and
    IX. Matters related to the proper administration of this chapter.

Section 319-C:6-b

    319-C:6-b Fees. – The board shall establish application fees for examination of applicants, fees for licensure, for renewal, and for late renewal of licenses to practice under this chapter, and for transcribing and transferring records and other services. The fee for examination shall not include fees charged by and paid to an examination entity approved by the board. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they apply. Fees collected shall be deposited in the general fund as unrestricted revenue.

Section 319-C:6-c

    319-C:6-c Continuing Education, NFPA 70 Changes. – The board shall adopt rules relative to continuing education applicable to all licensees for training and compliance with the latest published edition of the NFPA 70, National Electrical Code, as published by the National Fire Protection Association. Each licensee shall show proof of completion of continuing education requirements adopted under this section within 12 months from the January 1 following the publication date of the latest version of the NFPA 70. Proof of completion shall be furnished to the board by the continuing education provider. Failure to complete the continuing education shall render the electrician's license invalid until the licensee demonstrates to the board that he or she has completed the requisite number of continuing education hours.

Section 319-C:7

    319-C:7 Licensing Requirements. –
    I. [Repealed.]
    II. After June 30, 1976, the board shall issue a license as a master or journeyman electrician to any person who files an application and meets the following qualifications:
       (a) Completion of 8,000 hours of service as an apprentice electrician. The board may give credit toward such service for the satisfactory completion of a course of instruction in the field at a school recognized by the board; and
       (b) Satisfactory passing of an examination conducted by said board as provided in RSA 319-C:8 to determine his fitness to receive such license.
    II-a. The board shall issue a license as a high/medium voltage electrician to any person who files an application and meets the following qualifications:
       (a) Shows proof of successfully completing a state, national, or employer certification program approved by the board or;
       (b) Prior to January 1, 2003, shows proof of having been employed for a minimum of 5 years as a high/medium voltage electrician working for a company with an approved training program.
    III. All persons licensed by the board shall receive a certificate under the seal of the board and with the signature of the board chairman, which must be publicly displayed at the principal place of business of said electrician, or, if no such place of business, must be carried on his person and displayed at any time upon request, as long as said person continues in the business as herein defined. The certificate shall specify the name of the person licensed who, in the case of a firm, shall be one of its members or employees and, in the case of a corporation, one of its officers or employees passing the examination. In the case of a firm or corporation, the license shall be void upon the death of or the severance from the company of said person.
    IV. Apprentice electricians shall register with the board.

Section 319-C:8

    319-C:8 Examinations for License. – Each applicant for licensure shall present to the board, on forms furnished by the board, a written application for examination and license, containing such information as the board may require, accompanied by the required application fee established by the board. Proctored examinations shall be written, written and oral, oral, or computerized as approved by the board, and shall be of a thorough and practical character. They shall include such provisions of the National Electrical Code as the board may deem appropriate. Any person failing to pass his or her first examination may be reexamined at any subsequent examination meeting of the board or by an examination entity approved by the board, and thereafter may be examined as often as he or she may desire upon submitting the written application for examination and license and payment of the required application fee as set forth in this chapter.

Section 319-C:9

    319-C:9 Renewal of Licenses. –
    I. Notwithstanding any outstanding license to the contrary, all licenses issued by the board shall be valid for 3 years and expire on the last day of the month of the licensee's birth, but may be renewed without additional fees during the following month, retroactive to the first day of the month. Upon payment of the normal renewal fee and a late fee, licenses which have been expired for at least one month shall be permitted to be renewed within one year after the date of expiration. The fees for renewal and late renewal of a license issued under this chapter shall be established by the board.
    II. Upon request of a master, journeyman, or high/medium voltage electrician who is serving in the Armed Forces of the United States, the board shall place such licensee on inactive status. The license for a master or journeyman electrician may be reactivated within one year of discharge by payment of the renewal fee and with proof of completion of the most current continuing education requirement. The license for a high/medium voltage electrician shall be reactivated within one year of discharge by payment of the renewal fee.

Section 319-C:10

    319-C:10 Corporations and Partnerships. –
    I. The board may issue a license to corporations and partnerships engaged in the business of making electrical installations, provided that one or more officers or employees of any such corporation directly in charge of the business affairs of such corporation, or a member of such partnership directly in charge of its business affairs, is a licensed master electrician.
    II. The board may issue a license to corporations or partnerships engaged in the business of making electrical installations on high or medium voltage distribution systems operating over 600 volts, provided that one or more officers or employees of any such corporation directly in charge of the electrical business affairs of such corporation, or a member of a partnership directly in charge of its business affairs, is a licensed master electrician or a licensed high/medium voltage electrician.

Section 319-C:11

    319-C:11 Disposition of Funds. – [Repealed 2012, 237:7, I, eff. June 4, 2013.]

Section 319-C:12

    319-C:12 Disciplinary Action. –
    I. The board may undertake disciplinary proceedings:
       (a) Upon its own initiative; or
       (b) Upon written complaint of any person which charges that a person certified or registered by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
    II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
       (a) The practice of fraud or deceit in procuring or attempting to procure a certificate to practice under this chapter;
       (b) Conviction of a felony or any offense involving moral turpitude;
       (c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
       (d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the certificate holder;
       (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him unfit to practice under this chapter;
       (f) Mental or physical incompetency to practice under this chapter;
       (g) Willful or repeated violation of the provisions of this chapter; or
       (h) Suspension or revocation of a certificate, similar to one issued under this chapter, in another jurisdiction and not reinstated.
    III. The board may take disciplinary action in any one or more of the following ways:
       (a) By reprimand;
       (b) By suspension, limitation or restriction of certification for a period of up to 5 years;
       (c) By revocation of certification;
       (d) By requiring the person to participate in a program of continuing education in the area or areas in which he has been found deficient.
    IV. The board shall retain the record of an action taken in a disciplinary proceeding under this section for 7 years from the date of final decision of the action and shall not consider such disciplinary action more than 7 years after the final decision in any future disciplinary proceeding concerning the same licensee.

Section 319-C:12-a

    319-C:12-a Hearings. – The board shall take no disciplinary action, except for failure to renew a certificate, without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board. A hearing shall be held on all written complaints received by the board within 3 months of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.

Section 319-C:12-b

    319-C:12-b Appeals. – Any person affected by a final decision of the board may appeal such final decision to the state building code review board, pursuant to RSA 155-A:11-a.

Section 319-C:13

    319-C:13 Records. – The board shall keep a record of the name and residence of all persons licensed under this chapter, and said record or duplicate thereof shall be open for inspection during office hours.

Section 319-C:14

    319-C:14 Nonresidents. – The board may license any applicant who is licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

Section 319-C:14-a

    319-C:14-a Faulty Wiring; Investigation. – Whenever the state fire marshal finds that a principal cause of a fire was faulty wiring, he shall notify the board which shall conduct its own investigation of the occurrence. If the board finds that the wiring in question was installed by a person currently licensed by the board, such person shall be promptly ordered before the board to show cause why his license should not be revoked or suspended.

Section 319-C:15

    319-C:15 Violations; Penalty; Homeowner’s Exception. –
    I. A person shall be guilty of a misdemeanor, if a natural person, or a felony if any another person, who:
       (a) Makes electrical installations without being licensed under this chapter, except as provided in paragraph II;
       (b) Being in the electrical business, employs an unlicensed person, other than an apprentice, to make electrical installations, unless the person or installation is exempted under this chapter;
       (c) Wrongfully or fraudulently procures a license under this chapter;
       (d) Violates any provision of this chapter or rule adopted by the board; or
       (e) Wrongfully or fraudulently represents himself or herself as a person licensed under this chapter.
    II. Nothing in this chapter shall prevent a homeowner from making electrical installations in or about a single family residence owned and occupied by him or her or to be occupied by him or her as his or her bona fide personal abode.

Updated 8/5/14

These laws are made available to the public by the
New Hampshire Joint Board of Licensure and Certification
121 South Fruit Street
Concord, New Hampshire 03301
(603) 271-2219

*FOR THE OFFICIAL VERSION OF ANY STATUTE, PLEASE CONSULT THE BOUND VOLUMES AND SUPPLEMENTS OF THE NEW HAMPSHIRE REVISED STATUTES ANNOTATED

 

 

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