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§ 1417. | § 1418. | § 1419. | § 1; | § 1420. | § 1421. | §§ 7, | § 1422.

TITLE 24

Professions and Occupations

CHAPTER 14. BOARD OF ELECTRICAL EXAMINERS

Subchapter III. Other Provisions

§ 1417. Homeowner's Permits.

(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.)

§ 1419. Exceptions.

(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,

§§ 7, 8.)

§ 1422. Penalty.

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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