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CHAPTER 36:  ELECTRICAL CONTRACTORS
Section 34-36-1

Short title.

This chapter shall be known and may be cited as the "Alabama Electrical Contractors Act."

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Section 34-36-2

Declaration of purpose.

The "Alabama Electrical Contractors Act" is enacted for the purpose of safeguarding homeowners and other property owners and tenants against faulty, inadequate, inefficient, or unsafe electrical installations and to protect the life, health and property of homeowners and other property owners and tenants in the State of Alabama. Electrical contracting is hereby declared to be affected with the public interest, and this chapter shall be liberally construed so as to accomplish the foregoing purpose.

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Section 34-36-3

Definitions.

The following terms shall have the meanings respectively ascribed to them used in this chapter, for the purposes of this chapter, unless the context clearly requires a different meaning:

(1) BOARD. The Alabama Board of Electrical Contractors.

(2) ELECTRICAL CONTRACTING. Any job or project in the State of Alabama wherein the electrical contractor proposes to bid, install, maintain, alter or repair any electric wiring devices, or equipment.

(3) ELECTRICAL CONTRACTOR. Any person, firm, or corporation who is engaged in the business of installing electrical power or control systems; maintaining, altering or repairing any electrical wiring devices, equipment or any other electrical apparatus.

(4) JOURNEYMAN ELECTRICIAN. A person who possesses necessary qualifications, training and technical knowledge to install electrical wiring, apparatus or equipment light, heat or power, as covered by the terms and provisions of this chapter, must work under master or state certified electrical contractor, also he shall be capable of doing said work according to plans and specifications furnished to him and in accordance with standard rules and regulations governing such work.

(5) MASTER ELECTRICIAN. A person who possesses the necessary qualifications, training and technical knowledge to plan, lay out and supervise the installation of electrical wiring, apparatus or equipment for lighting, heating, power or controls, and who possesses any of the following:

a. Has obtained four years of practical experience as a journeyman electrician in charge of jobs;

b. Has a professional electrical engineering degree; or

c. Has five years experience in the design and construction of electrical systems.

(6) SECRETARY. The Executive Secretary of the State Board of Electrical Contractors.

(7) LICENSE. A valid and current certificate of registration issued by the secretary on behalf of the board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.

(8) LICENSEE. Any person holding a license.

(9) PERSON. A human person, not a legal entity.

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Section 34-36-4

Board created; appointment, terms and qualifications of members; meetings; rules and regulations; power to sue and be sued; seal; executive secretary.

(a) The Alabama Board of Electrical Contractors is created.

(b) A person to be eligible for appointment to serve on the board shall be a citizen and resident of Alabama. Each person appointed to the board from each congressional district, shall be actively engaged in the electrical construction business as a qualified person with electrical construction background of not less than five consecutive years, and shall hold certificates to validate his or her competence as a master electrician in the electrical construction field. The two persons appointed to the board as at-large members shall be members of the Alabama State Electrical Workers Association.

(c) The board shall consist of nine members to be appointed by the Governor. One member shall be appointed from each congressional district, and there shall be two at-large members who shall be appointed from within the state. The board members from the First, Second, and Third Congressional Districts shall be appointed for terms of one year; the board members from the Fourth, Fifth, and Sixth Congressional Districts shall be appointed for terms of two years; and the board member from the Seventh Congressional District as well as the at-large members shall be appointed for terms of three years. Thereafter, all board members shall be appointed for terms of three years. Each term shall expire on June 30 of the last year of the term, and no member shall succeed himself or herself. Vacancies on the board for any cause shall be filled by appointment by the Governor for the remainder of the unexpired term. Members shall serve until their successors are appointed.

(d) The board shall meet at least semiannually and as often as necessary. The board shall meet annually to elect officers from its membership, whose initial terms shall expire on June 30 next following their election. Special meetings of the board may be held as the board provides in its rules and regulations. The board shall meet at least once in the first quarter and once in the third quarter of the year. Five members of the board shall constitute a quorum.

(e) The board may adopt rules and regulations to carry out this chapter.

(f) Any member of the board or duly appointed hearing officer designated by the board may administer oaths and take testimony concerning all matters within the jurisdiction of the board.

(g) The board may sue and be sued in its official name.

(h) The board shall adopt a seal for its use containing the words: "Alabama Electrical Contractors' Licensing Board."

(i) The board shall employ or contract for an executive secretary whose pay shall be determined by the board.

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Section 34-36-5

Compensation.

The members of the board shall receive $25.00 per day while performing their official duties, in addition to other expenses which may be provided by law.

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Section 34-36-6

Powers and duties of board.

The board shall:

 
(1) Prepare or approve all examinations of applicants for licenses for electrical contractors, master electricians and journeymen electricians;
 
(2) Determine the qualifications of electrical contractors to engage in the business of electrical contracting;
 
(3) Determine the qualifications of master and journeymen electricians to engage in electrical work;
 
(4) Investigate alleged violations of the provisions of this chapter and any other law of this state pertaining to electrical contracting and any rules and regulations adopted by the board.

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Section 34-36-7

Examinations.

(a) The board shall examine applicants at least once every three months according to the method deemed by it to be the most appropriate to test the qualifications of applicants. Any national standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall give to test the qualifications of applicants. The board shall also have the right to establish such norms of achievement as shall be required for a passing grade.

(b) No license shall be issued except in compliance with this chapter and none shall be issued except to a person or a person in a firm, partnership, association or corporation. A firm, partnership, association, or corporation, as such, shall not be licensed.

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Section 34-36-8

Expiration and renewal of licenses; fee.

All licenses shall expire annually or at such other times as may be designated by the board. All applications for renewal of licenses shall be filed with the secretary prior to the expiration date, accompanied by the annual renewal fee prescribed by the board.

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Section 34-36-9

Expiration of licenses; restoration; fee; new license.

A license which has expired for failure to renew may only be restored within two years from the date of expiration after application and payment of the prescribed restoration fee. Any license which has not been restored within two years following its expiration may not be renewed, restored or reissued thereafter. The holder of such a cancelled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license

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Section 34-36-10

Expiration of suspended licenses.

A suspended license is subject to expiration and must be renewed or restored as provided in this chapter during the term of suspension.

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Section 34-36-11

Fees.

The board is empowered to establish and charge reasonable fees for the administration of examinations, issuance of all active and inactive licenses and supplying information to applicants, licensees and the general public. Such fees shall be commensurate with the cost of fulfilling the duties of the board as defined in this chapter.

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Section 34-36-12

Display of licenses.

Every person holding a license issued by the board shall display it in a conspicuous manner at his principal place of business.

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Section 34-36-13

License required; exemptions.

No person shall engage in the electrical contracting business or perform work as a master or journeyman electrician unless such person shall have received a license from the board or from the county or municipality where the contract work is being performed; provided, however, the provisions of this chapter shall not apply:

 
(1) To the installation, construction or maintenance of power systems for the generation and secondary distribution of electric current constructed under the provisions of the national electrical safety code which regulates the safety requirements of utilities;
 
(2) To the installation, construction, maintenance or repair of telephone or signal systems by or for public utilities or their corporate affiliates, when such work pertains to the services furnished by such utilities;
 
(3) To any technician employed by a municipal franchised CATV system;
 
(4) To any master or journeyman electrician employed by a state licensee of the board or a licensee of a county or municipality where the contract work is being performed;
 
(5) To persons engaging in the electrical contracting business or performing work as a master or journeyman electrician where there is no governing ordinance or laws requiring a license;
 
(6) To the owner of any premises or an employee of any such owner when performing electrical work or installing, constructing, maintaining, altering or repairing electrical wiring, equipment or apparatus on such premises;
 
(7) To an employee of an electric utility when installing or repairing electric appliances and equipment for a customer;
 
(8) To any retail merchant, or its employees making the installation of or the repair or maintenance on any appliance that the merchant has sold; or to any modular or manufacturer of the housing industry within the state which is regulated by state and federal governments;
 
(9) To the installation, construction or maintenance of systems that operate on 25 volts or less.

 

No license shall be issued by the board without an examination of the applicant for the purpose of ascertaining his qualifications for such work, but no such examination shall be required for the annual renewal of such license.

This provision shall in no way prohibit the governing authorities of each county and municipality in the State of Alabama from exercising the authority to require any person engaging in the electrical contracting business or performing work as a master or journeyman electrician to stand and attain a passing grade on an examination administered by such county or municipality to evidence their ability and proficiency to engage in the electrical contracting business or to perform work as a master or journeyman electrician; provided, however, that any person who holds a valid statewide license shall be deemed qualified and, upon satisfactory proof of said license, shall be allowed to perform forthwith electrical work in any county or municipality under the terms and conditions set forth in this chapter, if such person has the proper county or municipal building permit and business license.

All persons performing work under a license issued by the board must abide by all state and local laws and ordinances.

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Section 34-36-14

Electrical Appeals and Advisory Board; appointment, qualifications, terms and compensation of members; rules for appeals.

The Electrical Appeals and Advisory Board shall consist of five members. This board shall be composed of two master electricians who hold statewide licenses and are actively engaged in the electrical contracting business, one of whom shall be the president of Alabama State Association of Electrical Workers; one building contractor; one chief electrical inspector of a municipal or county government, who has held such position for a period of five years immediately preceding his selection; and, a licensed electrical engineer with at least five years' experience in the State of Alabama. Their terms of office shall be for three years and shall be staggered with the initial terms of the two master electricians being for one year and the initial terms of the building contractor and chief electrical inspector being for two years and the initial term of the electrical engineer being for three years; thereafter all appointments shall be for three years. All members of this board shall be appointed by the Governor, and after their primary selection shall establish the rules for appeals to the board. The members of this board are to receive the same compensation as members of the State Board of Electrical Contractors.

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Section 34-36-15

Injunctive power.

Electrical contracting is hereby declared to involve activities affecting the public interest and involving the health and safety and welfare of the public. Such activities when engaged in by a person who is not licensed are declared to be a public nuisance, harmful to the public health, safety and welfare. The board or the district attorney of the circuit where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the district court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law.

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Section 34-36-16

Violation; criminal penalty.

It shall be unlawful for any person to violate any provision of this chapter regulating electrical contracting and any person convicted of such violation shall be punished as prescribed for a Class B misdemeanor.

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Section 34-36-17

Funding.

There is hereby established a separate fund in the State Treasury to be known as the "Alabama Board of Electrical Contractors Fund." All money derived under the provisions of this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Such fund shall be paid out only by warrant of the comptroller upon the treasurer, upon itemized vouchers, approved by the executive secretary of the board; provided, that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, and only in amounts as stipulated in the general appropriation or other appropriation bills. Notwithstanding the foregoing provisions of this section, there is hereby appropriated from the State General Fund to the Alabama Board of Electrical Contractors for the fiscal year ending September 30, 1986, the sum of $100,000.00 or so much thereof as may be necessary to implement the provisions of this chapter. Provided further, that any funds unspent and unencumbered at the end of any state fiscal year in excess of $50,000.00 shall be transferred into the State General Fund. In addition, there is hereby appropriated from the Alabama Board of Electrical Contractors fund to the Alabama Board of Electrical Contractors the amount necessary to repay the State General Fund for any and all amounts expended therefrom and such repayment to the State General Fund shall be made as soon as funds are available

 

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