§ 1417. | § 1418. | § 1419. | § 1; | § 1420. | § 1421. | §§ 7, | § 1422.
(a) Any person, who plans to install that person's own internal wiring,
electrical work or equipment, including the main breaker or fuse, in or about
that person's own home, that is not for sale nor any part for rent, excluding
swimming pools and hot tubs, shall obtain a homeowner's permit. Permits shall
be valid for 1 year. Failure of the homeowner to obtain a final inspection of
the homeowner's work shall be cause for the Board to cancel the homeowner's
permit.
(b) Persons applying for a homeowner's permit shall submit a photo
identification, copy of the deed to the home and title or contract of sale for
the mobile home (if applicable).
(c) Application for a homeowner's permit shall be available at the Board
office in Dover, or by mail. The Division shall issue the permit only to those
persons who fulfill the requirements of this section.
(72 Del. Laws, c. 210, § 1; 70 Del. Laws, c. 186, § 1.)
§ 1418. Partnership, firm or corporation; loss of license holder.
(a) If a partnership, firm or corporation suffers a loss of a license holder,
the partnership, firm or corporation shall notify the Board in writing with
supporting documentation within 7 days of the loss of a license holder.
(b) The Board shall schedule an emergency meeting within 10 days during which
time the partnership, firm or corporation may continue to operate without a
license holder provided the partnership, firm or corporation continues to
employ the same personnel with the exception of the license holder.
(c) A person associated with the partnership, firm or corporation shall submit
an application for a license to the Board, before the emergency meeting, for
consideration by the Board at such meeting. At the emergency meeting the Board
may issue a temporary license valid for 100 days dated from the date of
notification by the partnership, firm or corporation.
(d) If approved at the emergency meeting, the applicant shall be scheduled for
the next available examination.
(e) Regardless of the provisions of subsection (c) of this section, a
temporary license shall expire when the Board receives notification of the
results of the examination.
(f) If the partnership, firm or corporation allows the 100-day temporary
license to expire without having a person obtain a license or having in their
employ a person with a license, then said partnership, firm or corporation
shall cease and desist immediately from all electrical work for which a
license is required under this chapter.
(72 Del. Laws, c. 210, § 1.)
(a) Nothing in this chapter shall be construed to prevent the performing of
electrical work by:
(1) Persons working under the supervision of a Delaware-licensed master or
limited electrician; such licensed electrician shall be responsible for the
activities of the unlicensed person performing electrical work in this State.
(2) Any employee of any person engaged in the performance of electrical work
while under the supervision of any electrician licensed under this chapter,
who is either the owner or a full-time employee of the company performing the
work.
(3) A professional engineer registered under Chapter 28 of this title to
practice electrical engineering, employed by any manufacturing or industrial
establishment, who has at least 6 years' experience in electrical planning and
design. Such engineer may inspect the establishment's repairs, maintenance
and electrical additions if that engineer is responsible for, and in
continuing charge of, such work at the site; in addition such engineer shall
be registered with the Board as the responsible person for such work, and
shall file with the Board at least annually a certificate of inspection,
authorized by a certified inspection agency; such engineer shall file a letter
with the Board stating that all repairs, maintenance and additions for which
that engineer is responsible meet the minimum standards of the National
Electrical Code, or any revision thereof;
(4) The Department of Transportation, its agencies, offices and divisions, for
all work performed by the Department, or under its supervision, and which is
approved by the Department, for the installation, erection, construction,
reconstruction and/or maintenance of drawbridges and traffic-control devices,
including traffic signals, traffic signs and highway lighting;
(5) Persons working beyond the main breaker or fuse of 200 amps or less on
structures used exclusively for agricultural purposes, except that the
provisions of § 1420 of this title regarding certificates of inspection shall
apply where new installations are involved.
(6) Any electric light or power company, electric railway company, steam
railway company, diesel railway company, telegraph or telephone company, or
any person performing the electrical work of such company, when such work is a
part of the plant or services used by the company in rendering its authorized
service to the public, as further defined in rules and regulations of the
Board.
(7) Any homeowner or homeowners who comply with the mandates of § 1417 of this
chapter.
(b) Nothing in this chapter shall restrict any person from servicing equipment
in the fields of heating, air conditioning, refrigeration or appliances.
(24 Del. C. 1953, § 1432; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
16; 62 Del. Laws, c. 342, § 1; 64 Del Laws, c. 476, § 5; 65 Del. Laws, c. 355,
§ 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1.)
§ 1420. Certificate of Inspection required; “cut-in-card”
(a) All electrical work performed in this state, unless specifically exempt,
shall receive a certificate of inspection issued by a Board-licensed
inspection agency.
(b) All applications for inspections shall be filed with the inspection agency
within 5 working days of the commencement of electrical work.
(c) Inspection agencies shall make all inspections within 5 working days of
receipt of the application for inspection.
(d) No power company shall connect any current, light or power to any property
without first obtaining from an inspection agency a permanent or temporary
"cut-in-card," except in case of emergency when service may be restored by a
licensed electrician prior to obtaining a "cut-in-card." The inspection agency
shall issue a "cut-in-card" only for electrical work performed by a licensed
electrician, except for work being done or which has been done by persons who
are not required to obtain licenses under this chapter.
(24 Del. C. 1953, § 1433; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
17; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1.)
§ 1421. Electrical Inspection Agencies.
(a) All agencies, who intend to conduct electrical inspections in this State,
shall apply for a license as an approved electrical inspection agency,
complete a Board-approved application and submit to the Board proof of the
following:
(1) Name or names, address or addresses, and telephone number or numbers for
all office facilities located in this State, at least 1 office of which shall
service all 3 counties;
(2) For all electrical inspectors employed by the inspection agency, proof of
at least 7 years of experience in residential, commercial or industrial
wiring;
(3) The passing grade obtained by each inspector on the following
examinations, administered by a nationally recognized testing agency and
approved by the Division: Electrical one- and two-family dwelling; electrical
general, administered within 18 months of employment as an inspector; and
electrical plan review, administered within 24 months of such employment.
(b) The Board may grant conditional approval of the inspection agency, not to
exceed 6 months, after reviewing the credentials of the agency, evidence of
general liability insurance and errors and omission insurance, as required by
the Board's rules and regulations, and payment of the fee established by the
Division. No electrical inspection agency shall conduct any electrical
inspection in this State until it has at least 1 full-time,
nationally-certified inspector on its payroll, who will conduct electrical
inspections in this State.
(c) The Board may deny an application for licensure as an inspection agency;
such denial shall be in writing and state the reason or reasons for such
denial; and shall be provided by the Board to the inspection agency within 10
days of the decision. The inspection agency may appeal all denials of
licensure to the Superior Court.
(d) After the Board has granted a conditional approval for the inspection
agency and such approval has been in effect for at least 3 months, the Board
may grant a license to the inspection agency, upon submission of certified
proof of the following:
(1) All employees, officers or stockholders of the inspection agency shall not
have any proprietary or pecuniary interest in any electrical contracting
business located in this State;
(2) All employees, officers or stockholders of the inspection agency shall not
have any proprietary or pecuniary interest in any manufacturer or seller of
electrical appliances, machinery, wiring, electrical hardware or other
electrical apparatus.
(3) All employees, officers or stockholders of the inspection agency shall not
have any proprietary or pecuniary interest in any electric utility or
company, municipal electrical department or other utility or company, which
supplies electrical energy for industrial, residential or commercial use.
(e) All licensed electrical inspection agencies in this State shall file, and
keep up to date, with the Board and keep open to public inspection at all
times during normal business hours, and in each office, the addresses and
telephone numbers of all offices, time of regular business hours for all
offices, and a schedule with all rates and charges for services rendered by
the agency.
(f) All licensed electrical inspection agencies in this State shall make
inspections within 5 days of receipt of an application for inspection and
shall issue a certificate of approval within 15 days after final inspection.
All applications for inspection must be filed by a state-licensed electrician
or by a person or persons specifically excepted by this chapter.
(g) All violations noted during an inspection shall be corrected within 15
days and reinspected by the same inspection agency. If not corrected, the
inspection agency shall notify the utility concerned and the Board of such
violations. The utility shall not provide service to the premises until the
violation is corrected.
(h) All records of the licensed electrical inspection agencies shall be
available for examination by the Division's investigators; the agency shall
inform the Division of the location of all records.
(i) All licensed electrical inspection agencies in this State shall carry
general liability insurance and errors and omission insurance of at least
$1,000,000 each for claims of property damage or personal injury arising from
faulty electrical work approved by the agency, or any of its employees, or
other acts or omissions performed by the agency or any of its employees.
(j) All employees of all licensed electrical inspection agencies in this State
shall be remunerated on a salary basis only and shall not be given
commissions or other bonus incentives for volume of work performed.
(k) Each license shall be renewed annually upon payment of the appropriate
fee, in such a manner as is determined by the Division.
(l) The Board may impose any of the sanctions available under § 1414 of this
title on an electrical inspection agency if the agency is determined to be
guilty of:
(1) Fraud or deceit in obtaining a license;
(2) An act of consumer fraud or deception of the public;
(3) Negligence, incompetency or misconduct in providing electrical inspection
services; or
(4) Violation of any lawful provision of this chapter or any lawful rule or
regulation established thereunder.
(24 Del. C. 1953, § 1434; 59 Del. Laws, c. 202, § 18; 59 Del. Laws, c. 396, §
1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1; 73 Del. Laws, c. 128,
A person, not currently licensed as an electrician or exempt from licensure
under this chapter, when guilty of performing electrical work, or using in
connection with that person's name, or otherwise assuming or using any title
or description conveying, or tending to convey, the impression that the person
is qualified to perform electrical work, such offender shall be guilty of a
misdemeanor. Upon the first offense, the person shall be fined not less than
$500 nor more than $1,000 for each offense. For a second or subsequent
conviction, the fine shall be not less than $1,000 nor more than $2,000 for
each offense. Justice of the Peace Courts shall have jurisdiction over all
violations of this chapter.
(24 Del. C. 1953, § 1440; 55 Del. Laws, c. 423, § 1; 59 Del. Laws, c. 202, §
19; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 210, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.
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