AS Title 8, Chapter 40: Electrical and Mechanical Administrators

Article 1. Licensing and Regulation of Electrical Administrators. Chapter 40. Electrical and Mechanical Administrators. Sec. 08.40.005. Purpose of AS 08.40.005 — 08.40.200. The purpose of AS 08.40.005 — 08.40.200 is to protect the safety of people and property in the state from the danger of improperly installed electrical wiring and equipment by providing a procedure to assure (1) the public that persons responsible for making electrical installations in this state are qualified; and (2) a sufficient number of persons are so qualified. Sec. 08.40.010. Creation and membership of board. [Repealed, § 48 ch 94 SLA 1987.] Sec. 08.40.011. Board of electrical examiners. [Repealed, § 37 ch 101 SLA 1994.] Sec. 08.40.020. Appointment and term of office. [Repealed, § 49 ch 94 SLA 1987.] Secs. 08.40.030 , 08.40.040. [Repealed, § 48 ch 94 SLA 1987.] Sec. 08.40.045. Categories of licenses. The department may adopt regulations establishing categories of electrical administrators, qualifications for those categories, and the content of examinations for applicants for each category. Sec. 08.40.050. Regulations. The department shall adopt regulations subject to AS 44.62 (Administrative Procedure Act), relating to the examination and licensing of electrical administrators and the establishing of the continued competency of an applicant for license renewal and reinstatement. Sec. 08.40.060. Examinations. A licensing examination shall be offered by the department at least twice during each year at appropriate places in the state. Sec. 08.40.070. Inspection or investigation by department. The department may make or have made a special inspection or investigation into the work of a licensee that it considers necessary, may issue subpoenas and process compelling the attendance of any person and the production of any papers or books, for the purpose of the investigation and examination, may administer oaths when required, and may petition a court of the state to enforce subpoenas and process or to compel testimony. Sec. 08.40.080. Compensation of board members. [Repealed, § 43 ch 85 SLA 1988.] Sec. 08.40.090. License required. (a) A person may not act as an electrical administrator in the state without a license issued by the department unless the person is covered by an exclusion under AS 08.40.190 . (b) A person licensed under AS 08.40.005 — 08.40.200 may perform work only in a category for which the person is licensed. Sec. 08.40.100. Exclusion. [Repealed, § 14 ch 53 SLA 1977.] Sec. 08.40.110. Application for license. An applicant for a license shall apply upon a form prescribed by the department. Sec. 08.40.120. Examination of applicant. (a) Each applicant shall be examined to determine the applicant's (1) ability to understand plans, design specifications, and engineering terms commonly used in the electrical field; (2) knowledge of electrical installations and wiring; (3) familiarity with the regulations contained in the National Electrical Code and the National Electrical Safety Code, as approved by the American National Standards Institute; (4) familiarity with other installation and safety regulations approved by the American National Standards Institute; (5) personal skill and ability. (b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as an electrical administrator or the equivalent by another state or territory, that the applicant meets qualifications established by the department under AS 08.40.045 , and that the applicant has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section. Sec. 08.40.130. Administrator limited to one registered contractor. A person may not qualify for or operate as an electrical administrator for more than one registered contractor. Sec. 08.40.135. Renewal and reinstatement. (a) A license issued under AS 08.40.005 — 08.40.200 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency. (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100 (b), unless the license has been lapsed for more than two years. If a person's license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.120 . Sec. 08.40.140. Issuance and possession of license. An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative. Sec. 08.40.150. Fees. Each applicant and each licensee shall pay application and renewal fees established by regulations adopted under AS 08.01.065 . Sec. 08.40.160. Waiver of examination. [Repealed, § 14 ch 53 SLA 1977.] Sec. 08.40.170. Disciplinary actions. (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that (1) the license application is fraudulent or misleading; (2) the licensee has knowingly violated AS 08.40.005 — 08.40.200, the minimum electrical standards established under AS 18.60.580 — 18.60.590, or a lawful order or regulation of the department; (3) the licensee is incompetent, or has engaged in fraudulent practices. (b) Notice of a proposed disciplinary action under this section shall be given in writing, stating the grounds. (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act). (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination: (1) refuse to issue a license; (2) permanently revoke a license; (3) suspend a license for a specified period; (4) censure or reprimand a licensee; (5) impose limitations or conditions on the professional practice of a licensee; (6) require a licensee to submit to peer review; (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee; (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation. (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied. (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction. (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety. (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee. (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction. Sec. 08.40.175. Cease and desist order. (a) If the department determines that a person is acting as an electrical administrator in violation of AS 08.40.005 — 08.40.200, the department may issue a cease and desist order prohibiting further action by the person as an electrical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the department showing that the violation has been corrected. (b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the department from enforcing the order. Sec. 08.40.178. Injunctive relief. The department may seek an injunction in the superior court to enjoin a person from violating AS 08.40.005 — 08.40.200. Sec. 08.40.180. Violation of AS 08.40.005 — 08.40.200. A person who knowingly violates AS 08.40.005 — 08.40.200, or who knowingly violates a valid regulation or order of the department or a minimum electrical standard established under AS 18.60.580 — 18.60.590 that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000. Sec. 08.40.190. Exclusions. (a) AS 08.40.005 — 08.40.200 do not apply to any utility or municipality engaged in (1) electrical construction and maintenance of electrical wiring for the generation and distribution of electrical current where the wiring is an integral part of a system owned and operated by that utility or municipal light and power department; (2) the installation, operation, maintenance, or repair of telephone, signal, or communication systems when the work is performed by the employees of that utility. (b) AS 08.40.005 — 08.40.200 do not apply to a person engaged in (1) the manufacture, maintenance, or repair of electrical apparatus or equipment; (2) electrical work, the cost of which does not exceed $5,000, involving residences or small commercial establishments in communities that (A) have a population of under 500 according to the latest available federal or state census or other census approved by the department; or (B) are over 50 miles by air or water transportation from the business place of an electrical administrator licensed under AS 08.40.005 — 08.40.200; (3) electrical installation on residential property that is owned by the installer or a member of the installer's immediate family and not intended for sale at the time of making the installation; (4) the operation, maintenance, or repair of a television or radio broadcasting system and the installation of a radio broadcasting system under 500 watts input power except for A.C. power supply and wiring; (5) the installation, maintenance, and repair of elevators so long as the work is performed by an agent or employee of the elevator industry and is confined to the elevator control system, which system does not include the power supply, wiring, and motor connection; (6) the operation, maintenance, and repair of telephone and intercommunication facilities; (7) the installation, maintenance, and repair of fire alarm, intrusion alarm, or other low voltage signaling systems of 48 volts to ground or less; (8) the maintenance or repair of diesel electric engines installed on heavy construction equipment, either in a shop or on a job site; (9) the installation in a commercial water well of the submersible pump motor and the wiring to the well pump system controls if the controls are outside a building or a structure; (10) the installation in a noncommercial water well of the submersible pump motor and the wiring to the well pump system controls; (11) electrical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee's work duties with respect to the property but is not offered or performed as a service to the public. (c) Work within the exclusionary provisions of this section is nevertheless subject to the inspection provisions of AS 08.40.070 and must follow the regulations adopted by the department, other than regulations requiring licensure for the work. Sec. 08.40.195. Personal supervision. A person licensed under AS 08.40.005 — 08.40.200 as an electrical administrator who is responsible for the installation or repair of electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy or who is responsible for certifying that the installation or repair complies with applicable electrical codes shall personally inspect those materials after installation and repair unless the installation or repair amounts to simple or highly standardized work performed in less than 24 man hours by personnel generally under the supervision of the electrical administrator. Sec. 08.40.200. Definitions. In AS 08.40.005 — 08.40.200, (1) “department” means the Department of Commerce, Community, and Economic Development; (2) “electrical administrator” means a person who is responsible for (A) installing or repairing electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy; or (B) certifying that an installation or repair described in (A) of this paragraph complies with applicable electrical codes; (3) “electrical wiring” means and includes wiring, fixtures, conduits, appliances, devices, equipment, overhead or underground wiring systems, or other equipment in connection with the general distribution or utilization of electrical energy; (4) “manufacture” means fabrication or completion of a product or electrical apparatus exclusive of its completion or installation at a job site; (5) “utility” means every corporation (whether public, cooperative or otherwise), company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant or system for (A) furnishing, by generation, transmission or distribution, electrical service to the public for compensation; (B) furnishing telecommunications service to the public for compensation. Article 2. Licensing and Regulation of Mechancial Administrators. Sec. 08.40.210. Purpose of AS 08.40.210 — 08.40.490. The purpose of AS 08.40.210 — 08.40.490 is to protect the safety of people and property in the state from the danger of improperly installed or modified mechanical systems by providing a procedure to assure (1) the public that persons responsible for making mechanical installations in this state are qualified; and (2) that a sufficient number of persons are so qualified. Sec. 08.40.220. Board of mechanical examiners. [Repealed, § 37 ch 101 SLA 1994.] Sec. 08.40.230. Categories of licenses. The department may adopt regulations establishing categories of mechanical administrators, qualifications for those categories, and the content of examinations for applicants for each category. Sec. 08.40.240. Regulations. The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the examination and licensing of mechanical administrators and the establishing of the continued competency of licensees for license renewal and reinstatement. Sec. 08.40.250. Examinations. The department shall conduct licensing examinations at least twice each year at appropriate places in the state. Sec. 08.40.260. License required. (a) A person may not act as a mechanical administrator without a license unless the person is covered by an exclusion under AS 08.40.390 . (b) A person licensed under AS 08.40.210 — 08.40.490 may perform work only in a category for which the person is licensed. Sec. 08.40.270. Examination of applicant. (a) Each applicant shall be examined to determine the applicant's (1) ability to understand plans, design specifications, and engineering terms commonly used in the mechanical field; (2) knowledge of mechanical installations and piping; (3) familiarity with the requirements of the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code currently in effect in the state; (4) personal skill and ability. (b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as a mechanical administrator or the equivalent by another state or territory, meets qualifications established by the department under AS 08.40.230 , and has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section. Sec. 08.40.280. Administrator limited to one licensed contractor. A person may not qualify or operate as a mechanical administrator for more than one registered contractor, corporation, joint venture, or other business entity unless the municipality or community where the person qualifies or operates as a mechanical administrator is the principal place of business of fewer than three mechanical administrators. Sec. 08.40.290. Renewal and reinstatement. (a) A license issued under AS 08.40.210 — 08.40.490 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency. (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100 (b) unless the license has been lapsed for more than two years. If a person's license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.270 . Sec. 08.40.300. Issuance and possession of license. An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative. Sec. 08.40.310. Fees. Each applicant and each licensee shall pay application and renewal fees established under AS 08.01.065 . Sec. 08.40.320. Disciplinary actions. (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that (1) the license application is fraudulent or misleading; (2) the licensee has knowingly violated AS 08.40.210 — 08.40.490, a code listed in AS 08.40.490 (3)(A), or an order or regulation of the department; or (3) the licensee is incompetent or has engaged in fraudulent practices. (b) Notice of a proposed disciplinary action under this section must be in writing and must state the grounds. (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act). (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination: (1) refuse to issue a license; (2) permanently revoke a license; (3) suspend a license for a specified period; (4) censure or reprimand a licensee; (5) impose limitations or conditions on the professional practice of a licensee; (6) require a licensee to submit to peer review; (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee; (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation. (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied. (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction. (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety. (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee. (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction. Sec. 08.40.330. Investigations. The department may investigate alleged or apparent violations of AS 08.40.210 — 08.40.490. The department, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that mechanical work is being done. The department may make inquiries about the identity of the mechanical administrator or the person acting in the capacity of a mechanical administrator. Upon demand, a mechanical administrator or person acting in the capacity of a mechanical administrator, or that person's representative, shall produce evidence of current licensure. Sec. 08.40.340. Issuance of citations. The department may issue a citation that complies with AS 12.25.175 — 12.25.230 for a violation if there is probable cause to believe a person has violated AS 08.40.210 — 08.40.490. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation. Sec. 08.40.350. Procedure and form of citation. (a) A person receiving the citation under AS 08.40.340 is not required to sign a notice to appear in court. (b) The time specified in the notice to appear on a citation issued under AS 08.40.340 must be at least five working days after the issuance of the citation. (c) The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department. (d) The department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (e) of this section. (e) The department shall require the return of a copy of every citation issued under AS 08.40.340 and of all copies of every citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with every citation issued by the department, a record of the disposition of the charge by the court where the original or copy of the citation was deposited. (f) A citation issued under AS 08.40.340 is considered to be a lawful complaint for the purpose of prosecution. Sec. 08.40.360. Cease and desist order. (a) If the commissioner of commerce, community, and economic development determines that a person is acting as a mechanical administrator in violation of AS 08.40.210 — 08.40.490, the commissioner may issue a cease and desist order prohibiting further action by the person as a mechanical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected. (b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the commissioner of commerce, community, and economic development from enforcing the order. Sec. 08.40.370. Injunctive relief. The commissioner of commerce, community, and economic development may seek an injunction in the superior court to enjoin a person from violating AS 08.40.210 — 08.40.490. Sec. 08.40.380. Penalties. (a) A person who knowingly violates AS 08.40.210 — 08.40.490, or who knowingly violates a regulation or order of the department or a code listed in AS 08.40.490 (3)(A) that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000. (b) Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under AS 08.40.340 , regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor. Sec. 08.40.390. Exclusions. (a) AS 08.40.210 — 08.40.490 do not apply to a utility, municipality, or local governing body whose employees are engaged in mechanical work on an integral part of a system owned and operated by the utility, municipality, or local governing body. (b) AS 08.40.210 — 08.40.490 do not apply to a person engaged in (1) the manufacture or repair of mechanical apparatus or equipment; (2) mechanical work, the cost of which does not exceed $50,000, involving residences or small commercial establishments in communities that (A) have a population of under 5,000 according to the latest available federal or state census or other census approved by the department; or (B) are over 50 miles by air or water transportation from the business place of a mechanical administrator licensed under AS 08.40.210 — 08.40.490; (3) mechanical installation on a single-family residence or a two-family residence that is not intended for sale at the time of making the installation; (4) installation of water lines or sanitary, storm, or drain sewer lines more than five feet from a building; (5) mechanical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee's work duties with respect to the property but is not offered or performed as a service to the public; (6) design, installation, maintenance, or repair of fire extinguishing systems. Sec. 08.40.400. Personal supervision. A person licensed under AS 08.40.210 — 08.40.490 as a mechanical administrator who is responsible for installation or modification of mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials, or who is responsible for certifying that the installation or modification complies with applicable codes, shall personally inspect those materials after installation and modification unless the installation or modification amounts to simple or highly standardized work performed in less than 24 man-hours by personnel generally under the supervision of the mechanical administrator. Sec. 08.40.490. Definitions. In AS 08.40.210 — 08.40.490, (1) “department” means the Department of Commerce, Community, and Economic Development except where the context otherwise requires; (2) “manufacture” means fabrication or completion of a product or mechanical apparatus exclusive of its completion or installation at a job site; (3) “mechanical administrator” means a person who is responsible for (A) installing or modifying mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials subject to the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials; or (B) certifying that an installation or modification described in (A) of this paragraph complies with the applicable codes; (4) “mechanical piping” includes piping fixtures, devices, and equipment; (5) “utility” means every public, cooperative, or other corporation, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls a plant or system for (A) furnishing, by generation, transmission, or distribution, electrical service, fuel gas service, district heating, sewage disposal, or domestic water service to the public for compensation; (B) furnishing telecommunications service to the public for compensation.