Electrician Licensing Administrative Rules – TDLR

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ELECTRICIANS Administrative Rules of the Texas Department of Licensing and Regulation 16 Texas Administrative Code, Chapter 73 (effective September 1, 2015)

TABLE OF CONTENTS

73.1. Authority 73.10. Definitions 73.20. Licensing Requirements--Applicant and Experience Requirements 73.21. License Requirements--Examination 73.22. License Requirements--General 73.23. Licensing Requirements--Renewal 73.24. Licensing Requirements--Waiver of Examination Requirements 73.25. Continuing Education 73.26. Documentation of Required On-The-Job Training 73.27. Licensing Requirements--Temporary Apprentices 73.28. Licensing Requirements--Emergency Licenses 73.30. Exemptions 73.40. Insurance Requirements 73.51. Electrical Contractors Responsibilities 73.52. Electrical Sign Contractors Responsibilities 73.53. Responsibilities of All Persons Performing Electrical Work 73.54. Residential Appliance Installation Contractors Responsibilities 73.60. Standards of Conduct for Engaging in Electrical Work 73.65. Advisory Board 73.70. Responsibilities of Licensee--Standards of Conduct 73.80. Fees 73.90. Sanctions--Administrative Sanctions/Penalties 73.91. Enforcement Authority 73.100. Technical Requirements

73.1. Authority (Effective March 1, 2004, 29. TexReg 1653)

These rules are promulgated under the authority of Title 8, Occupations Code, Chapter 1305, and Title 2, Occupations Code, Chapter 51.

73.10. Definitions. (Effective March 1, 2004, 29 TexReg 1653; amended effective July 13, 2004, 29 TexReg 6637; emergency rule effective August 25, 2004, 29 TexReg 8699; amended effective December 22, 2004, 29 TexReg 1158; amended effective October 20, 2005, 30 TexReg 6730; amended effective December 1, 2007, 32 TexReg 8477; amended effective March 1, 2008, 33 TexReg 1525; amended effective January 1, 2010, 34 TexReg 9433, amended effective March 15, 2012, 37 TexReg 1703; amended effective January 1, 2014, 38 TexReg 9515)

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Assumed name--A name used by a business as defined in the Business and Commerce Code.

(2) Business affiliation--The business organization to which a master licensee may assign his or her license.

(3) Employee--An individual who performs tasks assigned to him by his employer. The employee is subject to the deduction of social security and federal income taxes from his pay. An employee may be full time, part time, or seasonal.

(4) Employer--One who employs the services of employees, pays their wages, deducts the required social security and federal income taxes from the employees pay, and directs and controls the employees performance.

(5) Filed--A document is deemed to have been filed with the department on the date that the document has been received by the department or, if the document has been mailed to the department, the date a postmark is applied to the document by the U.S. Postal Service.

(6) General Supervision--Exercise of oversight by a master electrician on behalf of an electrical contractor, or electrical sign contractor, or by a master sign electrician on behalf of an electrical sign contractor of performance by all classes of electrical licensees of electrical work bearing responsibility for the works compliance with applicable codes under Texas Occupations Code, Chapter 1305.

(7) On-Site Supervision--Exercise of supervision of electrical work or electrical sign work by a licensed individual other than an electrical apprentice. Continuous supervision of an electrical apprentice is not required, though the on-site supervising licensee is responsible for review and inspection of the electrical apprentices work to ensure compliance with any applicable codes or standards.

(8) Electrical Contractor--A person, or entity, licensed as an electrical contractor, that is in the business of performing "Electrical Contracting" as defined by Texas Occupations Code, 1305.002(5).

(9) Master Electrician--An individual, licensed as a master electrician, who on behalf of an electrical contractor, electrical sign contractor, or employing governmental entity, performs "Electrical Work" as defined by Texas Occupations Code, 1305.002(11).

(10) Journeyman Electrician--An individual, licensed as a journeyman electrician, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity, while performing "Electrical Work" as defined by Texas Occupations Code, 1305.002(11).

(11) Electrical Apprentice--An individual, licensed as an apprentice who works under the on-site supervision of a master electrician, journeyman electrician, or residential wireman, on behalf of an electrical contractor or employing governmental entity performing "Electrical Work" as defined by Texas Occupations Code, 1305.002(11).

(12) Electrical Sign Contractor--A person, or entity, licensed as an electrical sign contractor, that is in the business of performing "Electrical Sign Contracting" as defined by Texas Occupations Code, 1305.002(9).

(13) Master Sign Electrician--An individual, licensed as a master sign electrician, who, on behalf of an electrical sign contractor, performs "Electrical Sign Work" as defined in paragraph (18).

(14) Journeyman Sign Electrician--An individual, licensed as a journeyman sign electrician, who works under the general supervision of a master electrician or a master sign electrician, on behalf of an electrical sign contractor, while performing Electrical Sign Work as defined in paragraph (18).

(15) Residential Wireman--An individual, licensed as a residential wireman, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity, while performing electrical work that is limited to electrical installations in single family and multifamily dwellings not exceeding four stories, as defined by Texas Occupations Code, 1305.002(13).

(16) Maintenance Electrician--An individual, licensed as a maintenance electrician, who works under the general supervision of a master electrician, on behalf of an electrical contractor, or employing governmental entity while performing Electrical Maintenance Work as defined in paragraph (17).

(17) Electrical Maintenance Work--The replacement, or repair of existing electrical appurtenances, apparatus, equipment, machinery, or controls used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises. All replacements or repairs must be of the same rating and type as the existing installation. No improvements may be made that are necessary to comply with applicable codes under Texas Occupations Code, Chapter 1305. Electrical maintenance work does not include the installation of any new electrical appurtenances, apparatus, equipment, machinery, or controls beyond the scope of any existing electrical installation.

(18) Electrical Sign Work--Any labor or material used in manufacturing, installing, maintaining, extending, connecting or reconnecting an electrical wiring system and its appurtenances, apparatus or equipment used in connection with signs, outline lighting, awnings, signals, light emitting diodes, and the repair of existing outdoor electric discharge lighting, including parking lot pole lighting. This also includes the installation of an electrical service integral to an isolated sign and/or outline lighting installation.

(19) Work Involved in the Manufacture of Electrical Equipment--Work involved in the manufacture of electrical equipment includes on and off-site manufacture, commissioning, testing, calibration, coordination, troubleshooting, evaluation, repair or retrofits with components of the same ampacity, maintenance and servicing of electrical equipment within their enclosures performed by authorized employees, or authorized representatives of electrical equipment manufacturers and limited to the type of products they manufacture.

(20) Electrical Sign Apprentice--An individual, licensed as an electrical sign apprentice who works under the on-site supervision of a master electrician, a master sign electrician, or a journeyman sign electrician, on behalf of an electrical sign contractor performing "Electrical Sign Work as defined by this chapter.

(21) On-the-job Training--Training or experience gained under the supervision of an appropriate licensee, as prescribed by Texas Occupations Code Chapter 1305, while performing electrical work as defined by Texas Occupations Code, 1305.002(11).

(22) Residential Appliance Installer--An individual, licensed as a residential appliance installer, who on behalf of a residential appliance installation contractor, performs electrical work that is limited to residential appliance installation including residential pool-related electrical installation and maintenance as defined by Texas Occupations Code, 1305.002(12-b).

(23) Residential Appliance Installation Contractor--A person or entity licensed as a residential appliance installation contractor, that is in the business of residential appliance installation including pool-related electrical installation and maintenance as defined by Texas Occupations Code 1305.002(12-d).

(24) Residential Appliance--Electrical equipment that performs a specific function, and is installed as a unit in a dwelling by direct connection to an existing electrical circuit, such as water heaters, kitchen appliances, or pool-related electrical device. The term does not include general use equipment such as service equipment, other electrical power production sources, or branch circuit overcurrent protection devices not installed in the listed appliance or listed pool-related electrical device.

(25) Offer to perform--To make a written or oral proposal, to contract in writing or orally to perform electrical work or electrical sign work, to advertise in any form through any medium that a person or business entity is an electrical contractor, electrical sign contractor, or residential appliance installation contractor or that implies in any way that a person or business entity is available to contract for or perform electrical work, electrical sign work, or residential appliance installation work.

(26) Electro Mechanical Integrity--The condition of an electrical product, electrical system, or electrical equipment installed in accordance with its intended purpose and according to standards at least as strict as the standards provided by the National Electrical Code, the manufacturer's specifications, any listing or labeling on the product, and all other applicable codes or ordinances.

(27) Journeyman Lineman--An individual who engages in electrical work involving the maintenance and operation of equipment associated with the transmission and distribution of electricity from the electricitys original source to a substation for further distribution.

73.20. Licensing Requirements--Applicant and Experience Requirements. (Effective March 1, 2004, 29 TexReg 1653; amended effective October 20, 2005, 30 TexReg 6730; amended effective December 1, 2007, 32 TexReg 8477; amended effective January 1, 2010, 34 TexReg 9433;amended effective March 15, 2012, 37 TexReg 1703; amended effective January 1, 2014, 38 TexReg 9515)

(a) An applicant for a license must submit the required fees with a completed application and the appropriate attachments:

(1) Applicants for Master Electrician, Master Sign Electrician, Journeyman Electrician, Journeyman Sign Electrician, Residential Wireman, Journeyman Lineman, and Maintenance Electrician licenses must submit documentation proving the required amount of on-the-job-training.

(2) Applicants for contractors licenses must submit proof of general liability insurance and either workers compensation insurance or a certificate of authority to self insure, or a statement that the applicant has elected not to obtain workers compensation insurance pursuant to Subchapter A, Chapter 406, Labor Code, with the initial and renewal applications.

(3) Applicants for contractors licenses must submit proof of ownership of the business entity and provide documentation of the sponsoring master licensee in a manner prescribed by the department.

(4) An applicant for a journeyman lineman license must submit documentation proving the required amount of training in an apprenticeship program or the required amount of experience as a journeyman lineman.

(b) An applicant must complete all requirements within one year of the date the application is filed.

(c) For purposes of this chapter, 2,000 hours of on the job training shall be the maximum that may be earned within one year.

(d) Each applicant must meet the applicable eligibility requirements as set forth in Texas Occupations Code, 1305.153-1305.1618.

73.21. Licensing RequirementsExaminations. (Effective March 1, 2004, 29 TexReg 1653; amended effective October 20, 2005, 30 TexReg 6730; amended effective December 1, 2007, 32 TexReg 8477; amended effective January 1, 2010, 34 TexReg 9433)

(a) To obtain a license by examination issued under this chapter:

(1) An individual applicant must submit a completed application, all necessary documentation, and appropriate fees to the Texas Department of Licensing and Regulation for review and determination of examination eligibility.

(2) An individual applicant must achieve a passing score on an examination approved by the executive director of the Texas Department of Licensing and Regulation.

(b) To obtain a license without examination, an applicant must have been licensed for the preceding year by a municipality or regional licensing authority that has terminated its licensing program and have applied for a state issued license within ninety days of the date the program stopped issuing or renewing licenses.

73.22. Licensing RequirementsGeneral. (Effective March 1, 2004, 29 TexReg 1653; amended effective October 20, 2005, 30 TexReg 6730; amended effective December 1, 2007, 32 TexReg 8477; amended effective January 1, 2010, 34 TexReg 9433)

(a) A license issued under this chapter is valid for one year from the date of issuance and must be renewed annually.

(b) A person shall not perform electrical work requiring a license under Title 8, Texas Occupations Code, Chapter 1305 with an expired license.

(c) Falsifying information on an application, obtaining a license by fraud or false representation, or cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.

(d) An electrical contractor, an electrical sign contractor, or a residential appliance installation contractor shall not use a license number that is not assigned to that contractor by the department.

(e) A license is not transferable.

(f) Altering a license in any way is prohibited and is grounds for a sanction and/or penalty.

(g) If a licensee contracts with a general contractor or a home warranty company to provide installation or service that requires a license under the Act, the licensee remains responsible for the integrity of that work.

(h) A person using the license of another person or allowing another person to use his license shall be subject to license denial, suspension, or revocation and/or assessment of an administrative penalty.

73.23. Licensing Requirements--Renewal. (Effective March 1, 2004, 29 TexReg 1653; amended effective October 20, 2005, 30 TexReg 6730; amended effective January 1, 2010, 34 TexReg 9433)

(a) Non-receipt of a license renewal notice from the department does not exempt a person, or entity, from any requirements of this chapter.

(b) A complete request for renewal must be filed on the form approved by the department and includes all required fees by the expiration date to maintain continuous licensure.

(c) Applications not filed by the expiration date are considered applications for late renewal and are subject to late renewal fees.

(d) Licenses issued from a late renewal application will have an unlicensed period from the expiration date of the previous license to the issuance date of the renewed license. Electrical work that requires a license issued under this chapter shall not be performed during the unlicensed period.

73.24. Licensing Requirements--Waiver of Examination Requirements. (Effective March 1, 2004, 29 TexReg 1653; amended effective October 20, 2005, 30 TexReg 6730; amended effective December 1, 2007, 32 TexReg 8477; amended effective January 1, 2010, 34 TexReg 9433; amended effective January 1, 2014, 38 TexReg 9515)

(a) An applicant who is licensed in another state that has entered into a reciprocity agreement with Texas regarding licensure of electricians, sign electricians, journeyman lineman, or residential appliance installers may obtain an equivalent license in Texas without passing the examination, provided that all other licensure requirements are met, as defined by Texas Occupations Code, Chapter 1305.

(b) The examination requirement is waived if, based upon acceptable proof, the executive director determines that the provisions of 73.21(b) are met.

(c) Acceptable proof of an applicant's qualifications must be presented on a form prescribed by the department that:

(1) certifies completion of the required hours of on-the-job training under the supervision of a master electrician or master sign electrician as appropriate, or

(2) is completed by the municipality or region in which the applicant was licensed for at least one year.

73.25. Continuing Education. (Effective November 24, 2004, 29 TexReg 10768; amended effective October 20, 2005, 30 TexReg 6730; amended effective December 1, 2007, 32 TexReg 8477; amended effective July 1, 2010, 35 TexReg 5526; amended effective March 15, 2012, 37 TexReg 1703; amended effective January 1, 2014, 38 TexReg 9515)

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise.

(b) For each renewal, an electrical apprentice, electrical sign apprentice, journeyman electrician, master electrician, journeyman sign electrician, master sign electrician, residential wireman, journeyman lineman or maintenance electrician must complete four hours of continuing education in:

(1) the National Electrical Code, as adopted under Title 8, Occupations Code 1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);

(2) state law and rules that regulate the conduct of licensees; and

(3) safety as defined in the National Fire Protection Association (NFPA) 70E.

(c) In lieu of taking four hours of continuing education as required in 73.25(b), an electrical apprentice or electrical sign apprentice may enroll in a department-registered apprenticeship training program.

(d) In the case of timely renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within the term of the current license. For a late renewal, the continuing education hours must have been completed, or enrollment must have occurred in a department-registered apprenticeship training program, within one year prior to the date of renewal.

(e) A licensee may not receive continuing education credit for attending the same course more than once.

(f) A licensee shall retain a copy of the certificate of completion for a course for one year after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensees records to determine compliance with this subsection.

(g) To be approved under Chapter 59 of this title, a providers course must be dedicated to instruction in:

(1) the National Electrical Code, as adopted under Title 8, Occupations Code 1305.101, or the current version of the National Electrical Code, as approved by the National Fire Protection Association (NFPA);

(2) state law and rules that regulate the conduct of licensees; and

(3) safety as defined in the National Fire Protection Association (NFPA) 70E.

(h) To register an apprenticeship training program with the department, a program must:

(1) file a completed application in a form approved by the department;

(2) provide proof to the department that the program is:

(A) recognized by the Texas Workforce Commission or the Texas Higher Education Coordinating Board;

(B) registered with the United States Department of Labor; or

(C) a competency-based standardized craft-training program that meets the training program standards of the United States Department of Labor Office of Apprenticeship; and

(3) pay the required application fee shown in 73.80.

(i) A department-registered apprentice training program must maintain the following documents for 24 months after a participant is no longer enrolled in the program:

(1) participants program application;

(2) proof of participants program completion;

(3) participants leave of absence, resignation or termination; and

(4) other documentation effecting participants enrollment.

(j) A department-registered apprentice training program must submit to the department proof of a participants change in enrollment status within two days of the change. The proof must be in a form approved by the department.

(k) A department-registered apprentice training program must comply with the requirements of the Act and this chapter and must maintain the requirement of subsection (h)(2).

(l) A department-registered apprentice training program must annually notify the department, in a form approved by the department, of its intention to continue as a registered program.

(m) A department-registered apprentice training program must immediately notify the department if it ceases to be registered. The notice must be in a form approved by the department.

(n) The provisions listed in subsections (b), (c), and (d) are effective for electrical sign apprentice licenses that expire on or after September 1, 2012, and all other licenses, that expire on or after September 1, 2010.

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