CHAPTER 43-09
ELECTRICIANS
43-09-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
1.
"Apprentice electrician" means a person learning the trade under the personal<br>supervision of a state-licensed electrician.
2.
"Board" means the state electrical board.
3.
"Class B electrician" means a person having the necessary qualifications, training,<br>and technical knowledge to wire, install, and repair electrical apparatus and<br>equipment in accordance with the standard rules and regulations governing such<br>work, and shall have eighteen months' experience in farmstead or residential wiring,<br>and shall have passed an examination before the state electrical board based upon<br>the national electrical code as it applies to farmstead or residential wiring.
4.
"Journeyman electrician" means a person having the necessary qualifications,<br>training, and technical knowledge to wire, install, and repair electrical apparatus and<br>equipment in accordance with the standard rules and regulations governing such<br>work.
5.
"Master electrician" means a person having the necessary qualifications, training,<br>experience, and technical knowledge to plan, lay out, and supervise the installation<br>and repair of electrical wiring apparatus, and equipment for electric light, heat, and<br>power in accordance with the standard rules and regulations governing such work.
43-09-02. State electrical board - Members - Terms of office - Vacancies. The state
electrical board must consist of five members appointed by the governor for a term of five years<br>with their terms of office so arranged that one term and only one term expires on June thirtieth of<br>each year.
One member of the board shall represent the public and may not be directly
associated with the electrical industry. The board must include a master electrician who is a<br>contractor, a journeyman electrician, a consumer member of a rural electric cooperative, and a<br>person associated with an investor-owned utility. A member of the board shall qualify by taking<br>the oath of office required of civil officers and shall hold office until that member's successor is<br>appointed and qualified. The governor shall fill any vacancy by appointment for the unexpired<br>term of office.
43-09-03. Qualifications of members of board. Repealed by S.L. 1949, ch. 287, § 11.
43-09-04. Officers of board - Compensation of members. The members of the board
shall select from their members a president, a treasurer, and a secretary.
Each appointive
member of the board shall receive such amount as may be set by the board but not more than<br>fifty dollars per day for the actual services rendered, and in addition thereto, each member shall<br>receive the necessary and actual expenses incurred by the member in the discharge of the<br>member's duties. The mileage and travel expense allowed may not exceed the amount provided<br>for in section 54-06-09.
43-09-05. Powers and duties of state electrical board - Biennial report. The board
shall adopt a seal and may adopt reasonable rules to carry out this chapter. The board may<br>submit a biennial report to the governor and the secretary of state in accordance with section<br>54-06-04. The board shall appoint qualified inspectors.
The inspectors shall inspect, within
fifteen days after notice of completion of any electrical wiring installation involving a value of three<br>hundred dollars or more in municipalities having ordinances requiring such inspection, the<br>electrical installation and approve or condemn the same. The inspector shall make a report of<br>the inspection on forms prescribed by the board.
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43-09-06. Meetings of board. The board shall hold a meeting in January of each year
in Bismarck and may hold such other meetings as are necessary to conduct examinations and<br>perform the other duties coming before it. Special meetings must be held at the time and place<br>determined by the president, and upon ten days' written notice given by the president to each<br>member of the board.
43-09-07. Expenses of board - How paid. All reasonable and necessary expenses
incurred in conducting the business of the board must be allowed and paid by the board.
43-09-08. Treasurer to hold moneys of board - Use - Disbursement. Repealed by
S.L. 1971, ch. 510, § 15.
43-09-09. License required - Examination - Board to issue license. Every person,
partnership, company, corporation, limited liability company, or association that undertakes or<br>offers to undertake with another to plan, lay out, supervise, install, make additions, make<br>alterations, or make repairs, in the installation of wiring, apparatus, or equipment for electric light,<br>heat, or power, shall apply to the board for a license. The board shall examine the applicant and<br>if, upon a technical and practical examination, the applicant is found to possess the required<br>knowledge and skill and to be versed in the laws of electricity, the applicant shall be issued a<br>license in the class for which the applicant was examined. The license shall be signed by the<br>president and the secretary of the board and attested by the seal of the board. Each licensee or<br>permitholder shall report that person's licensing or renewals to the electrical inspector, if there is<br>one, in the municipality in which that person operates.
43-09-09.1. Conviction not bar to licensure - Exceptions. Conviction of an offense
does not disqualify a person from licensure under this chapter unless the board determines that<br>the offense has a direct bearing upon a person's ability to serve the public as an electrician or<br>that, following conviction of any offense, the person is not sufficiently rehabilitated under section<br>12.1-33-02.1.
43-09-09.2. Advertising prohibited - Exceptions - Penalty.
1.
Except as provided in this section, if an electrical license is required under section<br>43-09-09 or by local ordinance, no person may advertise to contract for electrical<br>services without being licensed as or being associated with a class B or master<br>electrician unless that person intends to contract the electrical services with a<br>licensed electrical contractor.
2.
a.
A person violating this section is guilty of a class B misdemeanor for a first<br>conviction, but no fine in excess of one hundred dollars and no term of<br>imprisonment may be imposed.
b.
A person violating this section is guilty of a class A misdemeanor for a second<br>or subsequent conviction, but the penalties are as follows:
(1)
For a second conviction, no fine in excess of one thousand dollars and<br>no term of imprisonment may be imposed.
(2)
For a third or subsequent conviction, a fine not to exceed one thousand<br>dollars, or imprisonment not to exceed thirty days, or both, may be<br>imposed.
43-09-10. Types of licenses. The classes of electricians who may be licensed under
section 43-09-09 are:
1.
Master electrician.
2.
Journeyman electrician.
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3.
Class B electrician.
43-09-11.
Qualifications.
An applicant for an electrician's license must have the
following experience and training:
1.
For licensure as a master electrician, an applicant must have completed one year's<br>experience as a licensed journeyman electrician.
2.
For licensure as a journeyman electrician, an applicant must have:
a.
Completed eight thousand hours' experience in installing and repairing<br>electrical wiring, apparatus, and equipment, which experience may not be<br>obtained in less than three years.
b.
Effective for an applicant who registered with the board as an apprentice after<br>January 31, 2008, completed at least one of the following:
(1)
Successfully completed apprenticeship training approved by the federal<br>bureau of apprenticeship and training and completed eight thousand<br>hours' experience in installing and repairing electrical wiring, apparatus,<br>and equipment.
(2)
Successfully completed an appropriate course of study, which may not<br>be less than two years or the equivalent of two years, at a<br>board-approved institution of higher education and completed eight<br>thousand hours' experience in installing and repairing electrical wiring,<br>apparatus, and equipment. The board may determine equivalent hours<br>of education that may be applied as a credit against the eight thousand<br>hours' experience requirement under this paragraph.
3.
For licensure as a class B electrician, eighteen months' experience in farmstead or<br>residential wiring.
43-09-12. Examination - Requirements.
Each applicant for an electrician's license
shall pay the examination fee and shall take an oath and submit written evidence that the<br>applicant has had the required experience.
If a partnership, corporation, or limited liability
company applies for a license, an officer or manager thereof shall make the application and take<br>the oath and submit evidence as to experience.
43-09-13. License fees. Examination and annual license fees required to be paid for an
electrician's license must be set by the board.
43-09-13.1. Apprentice electrician registration. An apprentice electrician shall register
with the state electrical board within the first six months of employment and shall pay an annual<br>registration fee in an amount set by the board.
An apprentice electrician may work on
installations only under the personal supervision of a licensed electrician as provided in section<br>43-09-18.
43-09-13.2. Electrical inspectors - License required - Exception. A person employed
by the state electrical board or a political subdivision to inspect electrical installations must be<br>licensed as a journeyman or master electrician. This section does not apply to an inspector<br>employed by the electrical board or a political subdivision as of July 2, 1989.
43-09-14. Master electrician and class B electrician - Undertaking - Fund. Before
entering into a contract agreement or undertaking with another for the installation of electrical<br>wiring or installation of electrical parts of other apparatus, a master electrician or a class B<br>electrician shall execute and deposit with the board an undertaking in the sum of five thousand<br>dollars for a master electrician or four thousand dollars for a class B electrician conditioned on<br>the faithful performance of all electrical work undertaken by the electrician, on strict compliance
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with the provisions of this chapter, and on the requirements of the board. In addition, a deposit<br>must be made with the board in the amount of fifty dollars by a master electrician and in the<br>amount of forty dollars by a class B electrician, in lieu of a surety bond. The deposit so made<br>must be accumulated by the board in a special fund to be used for the completion of installations<br>abandoned by electricians referred to in this section, not to exceed the amount of five thousand<br>dollars for a master electrician and four thousand dollars for a class B electrician. The board<br>shall waive the deposit for a renewal of license by electricians who have made an initial deposit<br>under this section if at the beginning of the renewal year the fund exceeds fifty thousand dollars.<br>Funds in excess of fifty thousand dollars at the end of each year may be committed and used at<br>the direction of the board to inform and educate electricians concerning the requirements of the<br>electrical code. The board may prescribe forms for the undertaking and make rules it deems<br>necessary to carry out the intent of this section.
43-09-15. Renewal of license - Denial, suspension, or revocation of licenses. An
electrician's license may be issued for a term of only one year, but may be renewed without<br>examination upon the payment of the proper fee. If the licensee fails to renew the license for a<br>period of three consecutive years or more, the licensee is required to appear for reexamination.<br>The state electrical board may deny, suspend, revoke, or refuse to renew any license issued or<br>applied for under the provisions of this chapter for any of the following reasons:
1.
Failure or refusal to maintain or adhere to the minimum standards set forth in the<br>electrical code referred to in section 43-09-21.
2.
Any cause for which the issuance of the license could have been refused had it then<br>existed and been known to the board.
3.
Commitment of any act of gross negligence, incompetency, or misconduct in the<br>practice of a master or journeyman electrician or the business of an electrical<br>contractor.
4.
Material misstatement, misrepresentation, or fraud in obtaining the license.
5.
After due notice, failed or refused to correct, within the specified time, any electrical<br>installation not in compliance with the provisions of this chapter.
6.
Failure or refusal to make deposit or acquire public liability insurance as required by<br>sections 43-09-14 and 43-09-20.
7.
Failure to repay or enter into a written contract for repayment, under a payment<br>schedule acceptable to the board, of money disbursed from the fund as provided<br>under section 43-09-14, or failure to make timely payments under a payment<br>contract entered into under the board's policy for administering the undertaking fund.
8.
Failure to furnish certification of completion of continuing education as required<br>under section 43-09-15.1.
Any person whose license is denied or whose license is suspended or revoked by the board, or<br>who is refused a license by the board, may appeal to the appropriate court.
43-09-15.1. Continuing education. After March 31, 1990, each applicant for renewal of
an electrician's license pursuant to section 43-09-15 must have successfully completed prior<br>thereto at least four hours, and thereafter eight hours each biennium, of continuing education<br>relating to the standards set forth in section 43-09-21 or as otherwise prescribed by the board.<br>The board may not require more than sixteen hours of continuing education in each biennium.<br>The board shall conduct education sessions for licensees each year at not less than six locations<br>throughout the state. Attendance at such sessions, or attendance at other education sessions<br>certified by the board as approved, fulfills the educational requirements of this section.
The
board may charge a fee to licensees for attendance at the education sessions at an amount to be<br>determined by the board, but not to exceed ten dollars per person for each session.
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43-09-16. When license not required. The following persons may not be required to
hold an electrician's license:
1.
Employees of public utilities engaged in the manufacture and distribution of electrical<br>energy when engaged in work directly pertaining to the manufacture and distribution<br>of electrical energy.
This exemption terminates at the first point of service
attachment, except for the installing or testing of electric meters and measuring<br>devices and the maintenance of their service.
2.
Employees of a company that operates or installs telephone and radio<br>communication systems when engaged in work pertaining directly to the installation<br>of telephone and radio communication conductors on premises where the<br>installations are made for use exclusively for the transmission of telephone and radio<br>signals.
3.
Employees of dealers in household appliances, such as room air-conditioners,<br>clothes dryers, dishwashers, freezers, garbage disposals, refrigerators, stoves,<br>washing machines, water heaters, and similar appliances when such employees are<br>installing and connecting such appliances to an existing electrical receptacle.
4.
A representative of a manufacturing firm that is installing or modifying controls of<br>wiring solely on industrial machinery that is for use by the firm itself, and performed<br>by or under the direction of a registered professional engineer who issues a<br>state-accepted evaluation which is to be maintained with the equipment.
43-09-17. Journeyman electrician's permit. The board, upon the recommendation of
one master electrician and two journeyman electricians, may issue a permit for a journeyman<br>electrician to engage in the journeyman electrician's trade until the next meeting of the board for<br>the examination of applicants. Such permit is not renewable.
43-09-18. Apprentice to master electrician. Any person may serve as an apprentice
under a licensed master electrician, but a master electrician may not allow an apprentice to work<br>on any installation without personal supervision of a licensed electrician.
43-09-19.
Report of work done by licensee.
Every person licensed under the
provisions of this chapter and doing electrical work shall report the same to the secretary of the<br>board upon blanks furnished by the board for that purpose.
43-09-20. Contract for installation of electrical wiring and installation of electrical
equipment made with master electrician - Requirement for liability insurance. No contract,<br>agreement, or undertaking with another for the installation of electrical wiring or the installation of<br>electrical parts of other apparatus may be entered into by anyone not a master electrician. A<br>class B electrician, as herein defined, is authorized to enter into a contract, undertaking, or<br>agreement for the installation of farmstead electrical wiring or residential electrical wiring in one<br>or two family dwellings located in municipalities of two thousand five hundred or less population,<br>and the electrician's authority under the contract, undertaking, or agreement is limited to the<br>actual installation by that electrician of farmstead electrical wiring or residential electrical wiring in<br>one or two family dwellings located in municipalities of two thousand five hundred or less<br>population, and the installation of electrical equipment, appliances, and apparatus used on<br>farmsteads and such residences. Before an electrician referred to in this section enters into a<br>contract for installation of electrical wiring, the electrician shall deposit with the board evidence of<br>the existence of public liability insurance with a licensed insurance carrier, with policy limits of at<br>least one hundred thousand dollars for a master electrician, and fifty thousand dollars for a class<br>B electrician.
43-09-21.
Standards for electrical wiring and equipment.
All electrical wiring,
apparatus, or equipment must comply with the rules of the board made under authority of the<br>laws of this state and in conformity with the approved methods of construction for safety to life<br>and property. The regulations in the national electrical code and the national electrical safety
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code as approved by the American national standards institute are prima facie evidence of these<br>approved methods.
Any municipality may make more stringent requirements.
An electrical
installation may not be connected for use until proof has been furnished to the person, firm,<br>corporation, or limited liability company supplying electrical energy that there is compliance with<br>the applicable regulations. The manufacturer of a new manufactured building or modular unit<br>shall make any changes required for the proof within fourteen days from the notice that the<br>building or unit does not comply with the applicable regulations. This section does not apply to<br>the movement of a new manufactured building or modular unit into or within this state before the<br>process of being connected for use.
43-09-22. Inspection of installation - Condemnation. The board has jurisdiction over
and shall provide inspection for all electrical installations. Inspectors authorized by the board<br>may condemn installations hazardous to life and property or may order specific corrections to be<br>made.
Inspectors may order service thereto discontinued after notice to the owner of the
property. The order is subject to the owner's right of appeal to the board.
No condemned
installation may be reconnected for service until proof has been furnished that the installation has<br>been brought up to the required standards.
The board may charge the master electrician
responsible for the installation a fee to cover the cost of inspection. Cities may make provisions<br>for inspection of all electrical work done within their corporate limits. City inspectors shall register<br>their names with the board within ten days after their appointment.
43-09-23. Criminal penalty - Civil proceedings. Any person who violates any of the
provisions of this chapter is guilty of a class B misdemeanor. In addition to criminal proceedings,<br>the board may commence administrative or civil court proceedings as follows:
1.
The board may issue a cease and desist order against a person allegedly making or<br>offering to make electrical installations in violation of section 43-09-09 or 43-09-09.2<br>based upon information provided to the board by its electrical inspectors or other<br>persons, by investigation reports, affidavits, complaints of witnesses, or oral<br>testimony given to the board at a regular or special board meeting. Violation of the<br>cease and desist order may be considered by the court in issuing a temporary or<br>permanent restraining order and in ordering the payment of costs and attorney's<br>fees in proceedings authorized under this section.
2.
The board may apply to the district court in the county in which the violations have<br>occurred for a temporary or permanent injunction under chapter 32-06, enjoining<br>persons from
performing, advertising, or contracting for making
electrical
installations without a valid license issued by the board in violation of section<br>43-09-09 or 43-09-09.2. The court may not require a written undertaking, security,<br>or bond as a basis for issuing any temporary or permanent restraining order under<br>this section unless the court specifically orders and states the basis for requiring the<br>security. Upon a determination that a violation of section 43-09-09 or 43-09-09.2<br>has occurred, the court may assess against the defendants the actual costs incurred<br>and reasonable attorney's fees necessary for the investigation and court<br>proceedings against the unlicensed person.
3.
After an administrative hearing has been conducted by the board under chapter<br>28-32, an appeal from an order of the board or from the assessment of costs and<br>attorney's fees may be taken to the district court under chapter 28-32.
43-09-24. Special emergency. Repealed by omission from this code.
43-09-25. License to nonresidents - Reciprocity. To the extent that other states which
provide for the licensing of electricians provide for similar action, the state electrical board may<br>grant licenses of the same grade or class to electricians licensed by other states, upon payment<br>by the applicant of the required fee, after being furnished with proof that the qualifications of the<br>applicant are equal to the qualifications of holders of similar licenses in North Dakota.
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43-09-26.
Exemption for coal mines.
The jurisdiction of the board and other
requirements of this chapter do not apply to installations, wiring, apparatus, or equipment that are<br>part of a coal mine permitted by the public service commission and are subject to the jurisdiction<br>of the federal mine safety and health administration.
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Document Outline
chapter 43-09 electricians
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