1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *LGL199* 04/03/2025 6:08:32 PM LGL199 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 SENATE BILL 627 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Senator Irvin 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO ASSIST THE ADMINISTRATION OF THE CODE 9 |
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12 | 12 | | ENFORCEMENT SECTION OF THE DEPARTMENT OF LABOR AND 10 |
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13 | 13 | | LICENSING; TO REPEAL THE ELECTRICAL CONTRACTOR AND 11 |
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14 | 14 | | AIR CONDITIONING ELECTRICIAN LICENSES; TO TRANSFER 12 |
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15 | 15 | | AND UPGRADE THE CLASS C HVACR LICENSE; TO IMPROVE THE 13 |
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16 | 16 | | LICENSING OF APPRENTICE ELECTRICIANS; TO HELP THE 14 |
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17 | 17 | | ELEVATOR OWNERS SATISFY TESTING REQUIREMENTS; TO 15 |
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18 | 18 | | CLARIFY ANNUAL LICENSING RENEWAL PERIODS; TO AID IN 16 |
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19 | 19 | | THE ADMINISTRATION OF THE STATE’S ELECTRICIAN, HVACR, 17 |
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20 | 20 | | ELEVATOR, AND BOILER SAFETY LAWS; AND FOR OTHER 18 |
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21 | 21 | | PURPOSES. 19 |
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22 | 22 | | 20 |
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23 | 23 | | 21 |
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24 | 24 | | Subtitle 22 |
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25 | 25 | | TO ASSIST THE ADMINISTRATION OF THE CODE 23 |
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26 | 26 | | ENFORCEMENT SECTION OF THE DEPARTMENT OF 24 |
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27 | 27 | | LABOR AND LICENSING AND THE STATE'S 25 |
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28 | 28 | | ELECTRICIAN, HVACR, ELEVATOR, AND BOILER 26 |
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29 | 29 | | SAFETY LAWS. 27 |
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30 | 30 | | 28 |
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31 | 31 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29 |
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32 | 32 | | 30 |
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33 | 33 | | SECTION 1. Arkansas Code § 17 -28-101(1), concerning the definition of 31 |
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34 | 34 | | air conditioning electrician, is repealed. 32 |
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35 | 35 | | (1) “Air conditioning electrician” means an individual who is 33 |
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36 | 36 | | limited to a license classification possessing the necessary qualifications, 34 |
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37 | 37 | | training, and technical knowledge for the installation, maintenance, and 35 |
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38 | 38 | | extension of electrical conductors and equipment solely for the purpose of 36 SB627 |
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39 | 39 | | |
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40 | 40 | | 2 04/03/2025 6:08:32 PM LGL199 |
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41 | 41 | | supplying heating and air conditioning and refrigeration units; 1 |
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42 | 42 | | 2 |
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43 | 43 | | SECTION 2. Arkansas Code § 17 -28-102(c)(1), concerning the 3 |
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44 | 44 | | construction and exemptions of line voltage power wiring, is amended to read 4 |
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45 | 45 | | as follows: 5 |
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46 | 46 | | (c)(1) Any holder of a state -issued heating, ventilation, air 6 |
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47 | 47 | | conditioning, and refrigeration, or HVACR, license may run line voltage power 7 |
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48 | 48 | | wiring in compliance with the state electric code from a disconnect box to an 8 |
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49 | 49 | | outdoor HVACR unit within a distance not to exceed ten (10') seventy-five 9 |
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50 | 50 | | (75') feet from any point of the HVACR equipment without obtaining an 10 |
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51 | 51 | | electrician's license as required by this chapter. 11 |
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52 | 52 | | 12 |
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53 | 53 | | SECTION 3. Arkansas Code § 17 -28-203(a), concerning fees for the 13 |
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54 | 54 | | licensing examinations of electricians, is amended to read as follows: 14 |
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55 | 55 | | (a) The Board of Electrical Examiners of the State of Arkansas is 15 |
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56 | 56 | | authorized to conduct examinations of persons applying for a license as a 16 |
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57 | 57 | | master electrician, journeyman electrician, industrial maintenance 17 |
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58 | 58 | | electrician, residential master electrician, air conditioning electrician, 18 |
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59 | 59 | | specialist sign electrician, or residential journeyman electrician. These 19 |
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60 | 60 | | persons shall pay fees established by the board, but in no event shall such 20 |
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61 | 61 | | examination fees exceed the following: 21 |
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62 | 62 | | (1) Master electrician ............. $100.00 22 |
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63 | 63 | | (2) Journeyman electrician ............. 100.00 23 |
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64 | 64 | | (3) Industrial maintenance electrician ............. 50.00 24 |
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65 | 65 | | (4) Residential master electrician ............. 100.00 25 |
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66 | 66 | | (5) Residential journeyman electrician ............. 100.00 26 |
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67 | 67 | | (6) Air conditioning electrician ............. 100.00 27 |
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68 | 68 | | (7)(6) Specialist sign electrician with parking lot endorsement 28 |
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69 | 69 | | ............. 100.00 29 |
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70 | 70 | | 30 |
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71 | 71 | | SECTION 4. Arkansas Code § 17-28-301 is amended to read as follows: 31 |
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72 | 72 | | 17-28-301. Electrician's license — Issuance and renewal — Fees. 32 |
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73 | 73 | | (a) Individuals passing the master, journeyman, residential master, 33 |
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74 | 74 | | residential journeyman, air conditioning electrician, specialist sign 34 |
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75 | 75 | | electrician, or industrial maintenance electrician's examination as specified 35 |
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76 | 76 | | in § 17-28-203 shall be issued a license of the same class as that of the 36 SB627 |
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77 | 77 | | |
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78 | 78 | | 3 04/03/2025 6:08:32 PM LGL199 |
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79 | 79 | | examination upon payment of the following fees: 1 |
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80 | 80 | | (1) Master electrician ............. $50.00 2 |
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81 | 81 | | (2) Journeyman electrician ............. 25.00 3 |
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82 | 82 | | (3) Industrial maintenance electrician ............. 25.00 4 |
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83 | 83 | | (4) Residential master electrician ............. 50.00 5 |
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84 | 84 | | (5) Residential journeyman electrician ............. 25.00 6 |
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85 | 85 | | (6) Air conditioning electrician ............. 25.00 7 |
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86 | 86 | | (7)(6) Specialist sign electrician with parking lot endorsement 8 |
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87 | 87 | | ............. 25.00. 9 |
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88 | 88 | | (b)(1) Licenses shall expire on the date indicated on the licenses. 10 |
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89 | 89 | | (2) The license may be renewed for a period of one (1) , two (2), 11 |
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90 | 90 | | or three (3) years year with the fee to be as follows: 12 |
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91 | 91 | | (A) Master electrician ............. $50.00 per year 13 |
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92 | 92 | | (B) Journeyman electrician ............. 25.00 per year 14 |
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93 | 93 | | (C) Industrial maintenance electrician ............. 25.00 15 |
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94 | 94 | | per year 16 |
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95 | 95 | | (D) Residential master electrician ............. 50.00 per 17 |
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96 | 96 | | year 18 |
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97 | 97 | | (E) Residential journeyman electrician ............. 25.00 19 |
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98 | 98 | | per year 20 |
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99 | 99 | | (F) Air conditioning electrician ............. 25.00 per 21 |
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100 | 100 | | year 22 |
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101 | 101 | | (G)(F) Specialist sign electrician with parking lot 23 |
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102 | 102 | | endorsement ............. 25.00 per year. 24 |
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103 | 103 | | (3) A licensee may renew his or her license within thirty-six 25 |
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104 | 104 | | (36) months following the expiration date on the license by paying: 26 |
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105 | 105 | | (A) The renewal fee under subdivision (b)(2) of this 27 |
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106 | 106 | | section; 28 |
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107 | 107 | | (B) A late fee equal to one (1) year of the renewal fee 29 |
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108 | 108 | | plus ten dollars ($10.00) for each calendar month between the expiration date 30 |
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109 | 109 | | indicated on the license and the date of application for renewal; and 31 |
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110 | 110 | | (C) Any outstanding monetary civil penalty. 32 |
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111 | 111 | | (4) If a licensee shall fail to renew his or her license within 33 |
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112 | 112 | | thirty-six (36) months after the expiration date on the license, the licensee 34 |
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113 | 113 | | may reinstate his or her license by retaking the examination required under § 35 |
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114 | 114 | | 17-28-203 and paying: 36 SB627 |
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115 | 115 | | |
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117 | 117 | | (A) The fees and any applicable penalty under subdivision 1 |
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118 | 118 | | (b)(3) of this section; and 2 |
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119 | 119 | | (B) An additional penalty of one thousand dollars 3 |
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120 | 120 | | ($1,000). 4 |
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121 | 121 | | (5)(A) The Board of Electrical Examiners of the State of 5 |
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122 | 122 | | Arkansas may, after hearing, deny renewal or reinstatement of a license for 6 |
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123 | 123 | | cause. 7 |
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124 | 124 | | (B) The applicant for renewal or reinstatement of a 8 |
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125 | 125 | | license may obtain a temporary license to expire on the date of his or her 9 |
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126 | 126 | | hearing before the board. 10 |
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127 | 127 | | (6) If a person simultaneously holds an electrical inspector 11 |
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128 | 128 | | license and a license as a master electrician or a journeyman electrician, 12 |
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129 | 129 | | the person, when renewing his or her master electrician or journeyman 13 |
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130 | 130 | | electrician license, shall be exempt from the: 14 |
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131 | 131 | | (A) Renewal fee under this section; and 15 |
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132 | 132 | | (B) Continuing education requirements for master 16 |
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133 | 133 | | electricians and journeyman electricians under § 17 -28-311. 17 |
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134 | 134 | | (c) The registration fee for an electrical apprentice shall be ten 18 |
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135 | 135 | | dollars ($10.00) annually. Apprentice registration certificates shall expire 19 |
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136 | 136 | | on the last day of the month, one (1) year following the date of original 20 |
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137 | 137 | | registration. 21 |
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138 | 138 | | (d)(1) The board may issue a temporary license as a master electrician 22 |
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139 | 139 | | or journeyman electrician that is valid for no more than six (6) months and 23 |
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140 | 140 | | renewable one (1) time only for industry projects as defined in this chapter, 24 |
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141 | 141 | | upon submission by the applicant of the following: 25 |
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142 | 142 | | (A) A temporary license fee in the amount established by 26 |
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143 | 143 | | subsection (a) of this section; 27 |
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144 | 144 | | (B) A completed application on a form furnished and 28 |
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145 | 145 | | approved by the board; and 29 |
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146 | 146 | | (C) Evidence that the applicant: 30 |
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147 | 147 | | (i) Holds a current license of the same 31 |
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148 | 148 | | classification issued by another state; or 32 |
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149 | 149 | | (ii) Meets the experience qualifications required 33 |
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150 | 150 | | under rules promulgated by the board for a temporary master electrician or a 34 |
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151 | 151 | | temporary journeyman electrician. 35 |
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152 | 152 | | (2) The Director of the Division of Occupational and 36 SB627 |
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153 | 153 | | |
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154 | 154 | | 5 04/03/2025 6:08:32 PM LGL199 |
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155 | 155 | | Professional Licensing Boards and Commissions Department of Labor and 1 |
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156 | 156 | | Licensing may renew a temporary license as a master electrician or journeyman 2 |
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157 | 157 | | electrician issued by the board for more than one (1) additional period of 3 |
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158 | 158 | | six (6) months, if: 4 |
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159 | 159 | | (A) The renewal is for work to be performed on a specific 5 |
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160 | 160 | | industry project as defined in this chapter; 6 |
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161 | 161 | | (B) The director department determines that the additional 7 |
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162 | 162 | | renewal is necessary because: 8 |
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163 | 163 | | (i) Actual construction will exceed one (1) year; 9 |
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164 | 164 | | and 10 |
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165 | 165 | | (ii) An insufficient number of licensed electricians 11 |
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166 | 166 | | is available to perform the necessary work; 12 |
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167 | 167 | | (C) The temporary license is restricted to the industry 13 |
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168 | 168 | | project for which it is issued; and 14 |
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169 | 169 | | (D) A temporary license fee in the amount established in 15 |
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170 | 170 | | subsection (a) of this section is paid. 16 |
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171 | 171 | | (3)(A) The board may issue and renew a temporary license as a 17 |
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172 | 172 | | master electrician or journeyman electrician for regularly scheduled or 18 |
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173 | 173 | | emergency maintenance work or shutdowns of not longer than six (6) weeks on 19 |
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174 | 174 | | industry projects as defined in this chapter. 20 |
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175 | 175 | | (B) An applicant for a new or renewed temporary license 21 |
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176 | 176 | | under subdivision (d)(3)(A) of this section shall submit the same items as 22 |
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177 | 177 | | are required in subdivision (d)(1) of this section. 23 |
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178 | 178 | | (e) A specialist sign electrician under § 17 -28-101 shall qualify for 24 |
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179 | 179 | | an endorsement on his or her license authorizing the licensee to maintain and 25 |
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180 | 180 | | repair parking lot lights upon successfully passing a separate examination as 26 |
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181 | 181 | | approved by the board. 27 |
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182 | 182 | | 28 |
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183 | 183 | | SECTION 5. Arkansas Code § 17 -28-302 is repealed. 29 |
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184 | 184 | | 17-28-302. Electrical contractor license. 30 |
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185 | 185 | | (a) Any person, member, or employee of a firm, partnership, or 31 |
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186 | 186 | | corporation desiring to engage in the business of electrical contractor may 32 |
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187 | 187 | | apply for and be issued a license upon satisfying the Board of Electrical 33 |
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188 | 188 | | Examiners of the State of Arkansas that he or she or it is either a master 34 |
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189 | 189 | | electrician or employs a master electrician as its superintendent or manager 35 |
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190 | 190 | | and shall pay a license fee in the amount of one hundred dollars ($100) per 36 SB627 |
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191 | 191 | | |
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193 | 193 | | year. 1 |
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194 | 194 | | (b) Any electrical contractor having met the requirements of this 2 |
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195 | 195 | | chapter may work in any municipality in the state without further 3 |
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196 | 196 | | examinations after first showing evidence of state license as described in 4 |
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197 | 197 | | this chapter and paying such fees as required by the municipality in which 5 |
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198 | 198 | | the work is to be performed. 6 |
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199 | 199 | | 7 |
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200 | 200 | | SECTION 6. Arkansas Code § 17 -28-308 is amended to read as follows: 8 |
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201 | 201 | | 17-28-308. Electrical apprentices. 9 |
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202 | 202 | | (a) Upon proper application and payment of the fee, the Board of 10 |
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203 | 203 | | Electrical Examiners of the State of Arkansas shall register as an electrical 11 |
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204 | 204 | | apprentice and issue a certificate of registration to any person who 12 |
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205 | 205 | | furnishes satisfactory proof that the applicant is enrolled in a school or 13 |
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206 | 206 | | training course for electrical apprentices certified by the United States 14 |
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207 | 207 | | Office of Apprenticeship. 15 |
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208 | 208 | | (b) The board shall take such actions as are reasonably necessary or 16 |
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209 | 209 | | appropriate to supervise and enforce apprenticeship supervision ratios 17 |
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210 | 210 | | established by the board by rule. 18 |
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211 | 211 | | (c) Notwithstanding the provisions of subsection (a) of this section, 19 |
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212 | 212 | | an apprentice who has successfully completed a certified school or training 20 |
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213 | 213 | | program and has been released for testing may continue to renew his or her 21 |
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214 | 214 | | apprentice registration card, if otherwise qualified, without enrolling in a 22 |
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215 | 215 | | school or training program shall test within one (1) year of release by the 23 |
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216 | 216 | | Office of Skills Development . 24 |
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217 | 217 | | (d) Application for an initial certificate of registration and renewal 25 |
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218 | 218 | | of an electrical apprentice shall be the responsibility of the school or 26 |
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219 | 219 | | training course for electrical apprentices certified by the United States 27 |
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220 | 220 | | Office of Apprenticeship in which the electrical apprentice is enrolled. 28 |
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221 | 221 | | (e) The school or training course for electrical apprentices certified 29 |
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222 | 222 | | by the United States Office of Apprenticeship in which the electrical 30 |
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223 | 223 | | apprentice is enrolled shall be responsible for documenting on -the-job 31 |
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224 | 224 | | training hours of apprentice electricians and submitting completion of hours 32 |
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225 | 225 | | to the board when releasing an apprentice electrician for testing. 33 |
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226 | 226 | | 34 |
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227 | 227 | | SECTION 7. Arkansas Code § 17 -28-309 is amended to read as follows: 35 |
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228 | 228 | | 17-28-309. Penalties. 36 SB627 |
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229 | 229 | | |
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231 | 231 | | (a) The Director of the Division of Occupational and Professional 1 |
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232 | 232 | | Licensing Boards and Commissions Secretary of the Department of Labor and 2 |
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233 | 233 | | Licensing or his or her designee is authorized to petition any court of 3 |
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234 | 234 | | competent jurisdiction to enjoin or restrain any person who performs 4 |
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235 | 235 | | electrical work without a license or who otherwise violates the provisions of 5 |
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236 | 236 | | this chapter. 6 |
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237 | 237 | | (b)(1) A civil penalty may be assessed against any person, firm, or 7 |
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238 | 238 | | corporation by the Division of Occupational and Professional Licensing Boards 8 |
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239 | 239 | | and Commissions Department of Labor and Licensing and subject to appeal and 9 |
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240 | 240 | | hearing before the Board of Electrical Examiners of the State of Arkansas 10 |
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241 | 241 | | according to the Arkansas Administrative Procedure Act, § 25 -15-201 et seq., 11 |
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242 | 242 | | if it is determined that a person, firm, or corporation has violated any: 12 |
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243 | 243 | | (A) Provision of this chapter; 13 |
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244 | 244 | | (B) Provision of the Arkansas Electrical Code Authority 14 |
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245 | 245 | | Act, § 20-31-101 et seq.; 15 |
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246 | 246 | | (C) Rule or order issued or promulgated by the board; or 16 |
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247 | 247 | | (D) Condition of a license, certificate, or registration 17 |
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248 | 248 | | issued by the board.; or 18 |
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249 | 249 | | (E) Licensure eligibility concerning criminal records 19 |
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250 | 250 | | under § 17-3-102. 20 |
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251 | 251 | | (2) For each violation, the penalty shall not exceed the 21 |
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252 | 252 | | following: one thousand dollars ($1,000) per day. 22 |
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253 | 253 | | (A) Two hundred fifty dollars ($250) for a first offense; 23 |
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254 | 254 | | (B) Seven hundred fifty dollars ($750) for a second 24 |
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255 | 255 | | offense; or 25 |
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256 | 256 | | (C) One thousand dollars ($1,000) for a third offense. 26 |
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257 | 257 | | (3) Each day of a continuing violation is a separate violation 27 |
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258 | 258 | | for purposes of penalty assessment. 28 |
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259 | 259 | | (4)(A) Assessment of a civil penalty by the board shall be made 29 |
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260 | 260 | | no later than two (2) years after the date of the occurrence of the 30 |
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261 | 261 | | violation. 31 |
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262 | 262 | | (B) No civil penalty may be assessed until the person 32 |
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263 | 263 | | charged with the violation has been given the opportunity for a hearing on 33 |
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264 | 264 | | the violation. 34 |
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265 | 265 | | (5) If any person, firm, or corporation against whom a civil 35 |
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266 | 266 | | penalty has been imposed fails to pay the penalty within sixty (60) days of 36 SB627 |
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267 | 267 | | |
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269 | 269 | | the board’s decision, the director secretary or his or her designee may file 1 |
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270 | 270 | | an action in a court of competent jurisdiction to collect the civil penalty 2 |
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271 | 271 | | without paying costs or giving bond for costs. 3 |
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272 | 272 | | (6) Any penalties collected under this section shall be 4 |
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273 | 273 | | deposited as special revenues into the State Treasury to the credit of the 5 |
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274 | 274 | | Department of Labor and Licensing Special Fund, there to be used by the 6 |
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275 | 275 | | Department of Labor and Licensing in carrying out the functions, powers, and 7 |
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276 | 276 | | duties of this chapter. 8 |
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277 | 277 | | 9 |
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278 | 278 | | SECTION 8. Arkansas Code § 17 -28-310 is repealed. 10 |
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279 | 279 | | 17-28-310. Grandfather clause. 11 |
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280 | 280 | | (a) Applicants for a license under this chapter shall be exempt from 12 |
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281 | 281 | | the examination requirement of § 17 -28-203, provided that the applicant: 13 |
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282 | 282 | | (1) Is qualified by experience requirements to take the 14 |
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283 | 283 | | examination for a particular license classification under the provisions of 15 |
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284 | 284 | | this chapter and the rules of the Board of Electrical Examiners of the State 16 |
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285 | 285 | | of Arkansas; 17 |
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286 | 286 | | (2) Has not had a municipal electrician's license or a state 18 |
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287 | 287 | | electrician's license of any classification revoked or suspended for cause; 19 |
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288 | 288 | | (3) Submits the appropriate fee; and 20 |
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289 | 289 | | (4) Applies for a license before July 1, 1998. 21 |
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290 | 290 | | (b) Notwithstanding any provision to the contrary, an applicant for a 22 |
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291 | 291 | | license under this section shall be exempt from the journeyman electrician 23 |
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292 | 292 | | examination requirement of § 17 -28-203 if he or she has completed electrical 24 |
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293 | 293 | | apprenticeship training and education under a bona fide apprenticeship 25 |
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294 | 294 | | program registered with the United States Office of Apprenticeship and he or 26 |
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295 | 295 | | she meets the requirements of subdivisions (a)(2) -(4) of this section. 27 |
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296 | 296 | | (c) An applicant for a specialist sign electrician license under this 28 |
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297 | 297 | | chapter shall be exempt from the examination requirement of § 17 -28-203 if 29 |
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298 | 298 | | the applicant: 30 |
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299 | 299 | | (1) Is qualified by experience requirements to take the 31 |
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300 | 300 | | examination for a particular license classification under this chapter and 32 |
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301 | 301 | | the rules of the board; 33 |
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302 | 302 | | (2) Has not had a municipal electrician's license or a state 34 |
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303 | 303 | | electrician's license of any classification revoked or suspended for cause; 35 |
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304 | 304 | | (3) Submits the appropriate fee; and 36 SB627 |
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307 | 307 | | (4) Applies for the specialist sign electrician license before 1 |
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308 | 308 | | September 1, 2009. 2 |
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309 | 309 | | 3 |
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310 | 310 | | SECTION 9. Arkansas Code § 17 -28-311(a), concerning continuing 4 |
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311 | 311 | | education requirements for electrician licensees, is amended to read as 5 |
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312 | 312 | | follows: 6 |
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313 | 313 | | (a) A journeyman electrician licensee , residential journeyman 7 |
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314 | 314 | | electrician licensee, or master electrician licensee , or residential master 8 |
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315 | 315 | | electrician licensee shall complete at least eight (8) hours of continuing 9 |
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316 | 316 | | education for each the current National Electrical Code cycle in the first 10 |
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317 | 317 | | year of each new code cycle before renewing his or her license. 11 |
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318 | 318 | | 12 |
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319 | 319 | | SECTION 10. Arkansas Code § 17 -33-101(8), concerning definitions 13 |
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320 | 320 | | pertaining to HVACR workers, is amended to read as follows: 14 |
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321 | 321 | | (8) “HVACR gas fitting work" means gas fitting work for the purpose of 15 |
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322 | 322 | | supplying an HVACR system and shall be limited to installing six feet (6′) 16 |
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323 | 323 | | seventy-five feet (75’) or less final of gas piping connection to a heating 17 |
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324 | 324 | | unit from an existing, accessible manual safety shutoff gas cock, installing 18 |
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325 | 325 | | flue gas vents and combustion air for the HVACR system; 19 |
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326 | 326 | | 20 |
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327 | 327 | | SECTION 11. Arkansas Code § 17 -33-101(16)(A), concerning definitions 21 |
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328 | 328 | | pertaining to HVACR workers, is amended to read as follows: 22 |
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329 | 329 | | (A) Does not hold a Class A, Class B, Class C, Class D, or 23 |
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330 | 330 | | Class E HVACR license; 24 |
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331 | 331 | | 25 |
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332 | 332 | | SECTION 12. Arkansas Code § 17 -33-103(b), concerning HVACR electrical 26 |
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333 | 333 | | work, is amended to read as follows: 27 |
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334 | 334 | | (b) Any individual licensed or registered to perform HVACR work may 28 |
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335 | 335 | | perform electrical connections to heating and air conditioning units without 29 |
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336 | 336 | | obtaining any other license to perform the work, so long as the connection is 30 |
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337 | 337 | | made to a disconnecting means suitable in capacity for the equipment to be 31 |
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338 | 338 | | served and is provided by others within ten feet (10′) seventy-five feet (75’) 32 |
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339 | 339 | | of the unit. 33 |
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340 | 340 | | 34 |
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341 | 341 | | SECTION 13. Arkansas Code § 17 -33-105(a)(1)(A)(ii), concerning 35 |
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342 | 342 | | penalties, is amended to read as follows: 36 SB627 |
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343 | 343 | | |
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345 | 345 | | (ii) The penalty shall not exceed two hundred fifty 1 |
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346 | 346 | | dollars ($250) one thousand dollars ($1,000) for each violation per day, and 2 |
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347 | 347 | | each day of a continuing violation may be deemed a separate violation for 3 |
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348 | 348 | | purposes of penalty assessments. 4 |
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349 | 349 | | 5 |
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350 | 350 | | SECTION 14. Arkansas Code § 17 -33-202(7), concerning the powers and 6 |
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351 | 351 | | duties of the HVACR Licensing Board, is amended to read as follows: 7 |
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352 | 352 | | (7) Review applications for examination for a Class A, Class B, 8 |
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353 | 353 | | Class C, Class D, Class E, and Class L license; 9 |
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354 | 354 | | 10 |
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355 | 355 | | SECTION 15. Arkansas Code § 17 -33-202(9), concerning the powers and 11 |
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356 | 356 | | duties of the HVACR Licensing Board, is amended to read as follows: 12 |
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357 | 357 | | (9) Establish by board rule a maximum of four (4) eight (8) 13 |
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358 | 358 | | hours per year International Mechanical Code cycle of continuing education if 14 |
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359 | 359 | | the board determines that a specific class of license requires continuing 15 |
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360 | 360 | | education; 16 |
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361 | 361 | | 17 |
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362 | 362 | | SECTION 16. Arkansas Code § 17 -33-204 is amended to read as follows: 18 |
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363 | 363 | | 17-33-204. Fees. 19 |
---|
364 | 364 | | (a)(1) The HVACR Licensing Board shall adopt a fee schedule by rule 20 |
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365 | 365 | | and regulation. The fee schedule may include, but is not limited to: 21 |
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366 | 366 | | (A) Testing fees; 22 |
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367 | 367 | | (B) License fees; 23 |
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368 | 368 | | (C) Civil penalty fees; 24 |
---|
369 | 369 | | (D) Registration fees; 25 |
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370 | 370 | | (E) Inspection fees; 26 |
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371 | 371 | | (F) Fees for code books Renewal fees; 27 |
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372 | 372 | | (G) Late renewal fees; and 28 |
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373 | 373 | | (H) Late penalty fees. 29 |
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374 | 374 | | (2) The board may provide for a reduction in the fees of a 30 |
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375 | 375 | | person or partnership who holds one (1) or more licenses determined by the 31 |
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376 | 376 | | board to be HVACR-related and for which the board determines a reduction in 32 |
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377 | 377 | | fees should be allowed. 33 |
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378 | 378 | | (b) Until a fee schedule is established by the board, the licensure 34 |
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379 | 379 | | and registration fees shall be as follows: 35 |
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380 | 380 | | Class A License ............. $200.00 36 SB627 |
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381 | 381 | | |
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382 | 382 | | 11 04/03/2025 6:08:32 PM LGL199 |
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383 | 383 | | Class B License ............. 150.00 1 |
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384 | 384 | | Class C License ............. 100.00 2 |
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385 | 385 | | Class D License ............. 150.00 3 |
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386 | 386 | | Class E License ............. 150.00 4 |
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387 | 387 | | Class L License ............. No Charge 5 |
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388 | 388 | | Registration Fee ............. 25.00. 6 |
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389 | 389 | | (c) The fees established by the board for licensure and registration 7 |
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390 | 390 | | shall not exceed the amounts provided for in subsection (b) of this section. 8 |
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391 | 391 | | 9 |
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392 | 392 | | SECTION 17. Arkansas Code § 17 -33-303 is amended to read as follows: 10 |
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393 | 393 | | 17-33-303. Classes of licenses. 11 |
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394 | 394 | | (a) Except as otherwise provided in this chapter, every individual who 12 |
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395 | 395 | | designs, installs, constructs, maintains, services, repairs, alters, or 13 |
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396 | 396 | | modifies any HVACR system or any portion of an HVACR system in the State of 14 |
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397 | 397 | | Arkansas shall obtain one (1) of the following classes of license and pay the 15 |
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398 | 398 | | fees prescribed by the HVACR Licensing Board; 16 |
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399 | 399 | | (1) Class A — Entitles the licensee to perform HVACR work 17 |
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400 | 400 | | without limitation to BTUH or horsepower capacities; 18 |
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401 | 401 | | (2) Class B — Entitles the licensee to perform HVACR work on 19 |
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402 | 402 | | air conditioning systems that develop a total of not more than fifteen (15) 20 |
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403 | 403 | | twenty-five (25) tons of cooling capacity per unit or one million (1,000,000) 21 |
---|
404 | 404 | | BTUH heating input per unit and refrigeration systems of fifteen horsepower 22 |
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405 | 405 | | (15 h.p.) or less per unit; 23 |
---|
406 | 406 | | (3) Class C — Entitles the licensee who is in the business of 24 |
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407 | 407 | | servicing and repairing heating, ventilation, air conditioning, or 25 |
---|
408 | 408 | | refrigeration equipment for the public to service, repair, or replace 26 |
---|
409 | 409 | | components of HVACR equipment and to perform HVACR work on air conditioning 27 |
---|
410 | 410 | | systems that develop a total of not more than fifteen (15) tons of cooling 28 |
---|
411 | 411 | | capacity per unit or one million (1,000,000) BTUH heating input per unit and 29 |
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412 | 412 | | refrigeration systems of fifteen horsepower (15 h.p.) or less per unit. A 30 |
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413 | 413 | | Class C license holder shall not install any original HVACR equipment or 31 |
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414 | 414 | | replace any existing HVACR equipment; 32 |
---|
415 | 415 | | (4)(3) Class D — Entitles the licensee to perform sheet metal 33 |
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416 | 416 | | work as it relates to ductwork for HVACR systems without regard to or 34 |
---|
417 | 417 | | limitation of horsepower of the system to which the duct connects. The 35 |
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418 | 418 | | licensee in this category is prohibited from the sale, installation, and 36 SB627 |
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419 | 419 | | |
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420 | 420 | | 12 04/03/2025 6:08:32 PM LGL199 |
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421 | 421 | | service of HVACR equipment and systems; 1 |
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422 | 422 | | (5)(4) Class E — Entitles the licensee to perform refrigeration 2 |
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423 | 423 | | work as defined in § 17-33-101 without regard to or limitation of horsepower. 3 |
---|
424 | 424 | | The licensee in this category is prohibited from the sale, installation, and 4 |
---|
425 | 425 | | service of heating and air conditioning equipment used for the treatment of 5 |
---|
426 | 426 | | air for human comfort requirements; and 6 |
---|
427 | 427 | | (6)(5) Class L — Entitles a licensee to apply for and obtain a 7 |
---|
428 | 428 | | restricted lifetime license without having to pay a license fee in any 8 |
---|
429 | 429 | | specific category of license as defined in this chapter. The applicant must 9 |
---|
430 | 430 | | be at least sixty-five (65) years of age and hold a current license in good 10 |
---|
431 | 431 | | standing with the board. The board shall promulgate rules to define the 11 |
---|
432 | 432 | | specific requirements of the lifetime license. 12 |
---|
433 | 433 | | (b) The board shall promulgate rules necessary to carry out the 13 |
---|
434 | 434 | | provisions of this section. 14 |
---|
435 | 435 | | (c)(1) An individual may perform HVACR work under a Class A, Class B, 15 |
---|
436 | 436 | | Class C, Class D, or Class E HVACR license holder by registering with the 16 |
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437 | 437 | | Department of Labor and Licensing. 17 |
---|
438 | 438 | | (2) The registrant shall pay an annual registration fee as 18 |
---|
439 | 439 | | required by the board. Annual registration, including without limitation 19 |
---|
440 | 440 | | payment of the fee as required by the board, for the registrant shall be the 20 |
---|
441 | 441 | | responsibility of the HVACR license holder. 21 |
---|
442 | 442 | | (3) All licensees are responsible for ensuring that all HVACR 22 |
---|
443 | 443 | | employees hold a current HVACR registration or HVACR license. 23 |
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444 | 444 | | 24 |
---|
445 | 445 | | SECTION 18. Arkansas Code § 17 -33-307 is amended to read as follows: 25 |
---|
446 | 446 | | 17-33-307. Grounds for suspension or revocation. 26 |
---|
447 | 447 | | The HVACR Licensing Board, on its own motion, may make investigations 27 |
---|
448 | 448 | | and conduct hearings and, on its own motion or upon complaint in writing 28 |
---|
449 | 449 | | signed and verified by the complainant, suspend or revoke any license or 29 |
---|
450 | 450 | | registration if it finds that the holder of the license or registrant has: 30 |
---|
451 | 451 | | (1) Made a material misstatement in the application for license 31 |
---|
452 | 452 | | or registration or renewal thereof; 32 |
---|
453 | 453 | | (2) Demonstrated incompetency to act as a license holder or 33 |
---|
454 | 454 | | registrant according to rules and standards promulgated by the board; or 34 |
---|
455 | 455 | | (3) Violated any provisions of this chapter or any rule or order 35 |
---|
456 | 456 | | prescribed by the board.; or 36 SB627 |
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457 | 457 | | |
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458 | 458 | | 13 04/03/2025 6:08:32 PM LGL199 |
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459 | 459 | | (4) Pled guilty or nolo contendere to or been found guilty of 1 |
---|
460 | 460 | | any offense listed under § 17 -3-102. 2 |
---|
461 | 461 | | 3 |
---|
462 | 462 | | SECTION 19. Arkansas Code § 17 -55-101(c)(2)(C), concerning the 4 |
---|
463 | 463 | | licensure of electrical inspectors, is amended to read as follows: 5 |
---|
464 | 464 | | (C)(i) Proof of completion of at least sixteen (16) eight 6 |
---|
465 | 465 | | (8) hours of continuing education. 7 |
---|
466 | 466 | | (ii) The board shall promulgate rules to set 8 |
---|
467 | 467 | | standards for continuing education for licensees under subdivision 9 |
---|
468 | 468 | | (c)(2)(C)(i) of this section. The rules shall include without limitation 10 |
---|
469 | 469 | | continuing education on the statewide standards for the construction, 11 |
---|
470 | 470 | | installation, and maintenance of electrical facilities and the performance of 12 |
---|
471 | 471 | | electrical work under § 20-31-104. 13 |
---|
472 | 472 | | (iii) The Division of Occupational and Professional 14 |
---|
473 | 473 | | Licensing Boards and Commissions Department of Labor and Licensing may 15 |
---|
474 | 474 | | conduct or sponsor continuing education classes for electrical inspectors. 16 |
---|
475 | 475 | | 17 |
---|
476 | 476 | | SECTION 20. Arkansas Code § 17 -55-101(d)(2), concerning the licensure 18 |
---|
477 | 477 | | of electrical inspectors, is amended to read as follows: 19 |
---|
478 | 478 | | (2)(A) A civil penalty may be assessed against an electrical 20 |
---|
479 | 479 | | inspector by the Division of Occupational and Professional 21 |
---|
480 | 480 | | Licensing Boards and Commissions Department of Labor and Licensing and 22 |
---|
481 | 481 | | subject to appeal and hearing before the board according to the Arkansas 23 |
---|
482 | 482 | | Administrative Procedure Act, § 25-15-201 et seq., if it is determined that 24 |
---|
483 | 483 | | the electrical inspector has violated a: 25 |
---|
484 | 484 | | (i) Provision of this chapter; 26 |
---|
485 | 485 | | (ii) Rule or order issued or promulgated by 27 |
---|
486 | 486 | | the board; or 28 |
---|
487 | 487 | | (iii) Condition of a license issued by the board, 29 |
---|
488 | 488 | | including without limitation a licensee having a criminal record as 30 |
---|
489 | 489 | | prohibited under § 17 -3-102. 31 |
---|
490 | 490 | | (B) For each violation, the civil penalty shall not exceed 32 |
---|
491 | 491 | | the following: one thousand dollars ($1,000) per day. 33 |
---|
492 | 492 | | (i) Two hundred fifty dollars ($250) for a first 34 |
---|
493 | 493 | | offense; 35 |
---|
494 | 494 | | (ii) Seven hundred fifty dollars ($750) for a second 36 SB627 |
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495 | 495 | | |
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496 | 496 | | 14 04/03/2025 6:08:32 PM LGL199 |
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497 | 497 | | offense; or 1 |
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498 | 498 | | (iii) One thousand dollars ($1,000) for a third 2 |
---|
499 | 499 | | offense. 3 |
---|
500 | 500 | | (C) Each day of a continuing violation is a separate 4 |
---|
501 | 501 | | violation for purposes of penalty assessment. 5 |
---|
502 | 502 | | (D)(i) Assessment of a civil penalty by the board shall be 6 |
---|
503 | 503 | | made no later than two (2) years after the date of the occurrence of the 7 |
---|
504 | 504 | | violation. 8 |
---|
505 | 505 | | (ii) A civil penalty shall not be assessed until the 9 |
---|
506 | 506 | | person charged with the violation has been given the opportunity for a 10 |
---|
507 | 507 | | hearing on the violation. 11 |
---|
508 | 508 | | (E) If an electrical inspector against whom a civil 12 |
---|
509 | 509 | | penalty has been imposed fails to pay the penalty within sixty (60) days of 13 |
---|
510 | 510 | | the board's decision, the Director of the Division of Occupational and 14 |
---|
511 | 511 | | Professional Licensing Boards and Commissions Secretary of the Department of 15 |
---|
512 | 512 | | Labor and Licensing or his or her designee may file an action in a court of 16 |
---|
513 | 513 | | competent jurisdiction to collect the civil penalty without paying costs or 17 |
---|
514 | 514 | | giving bond for costs. 18 |
---|
515 | 515 | | (F) Any penalties collected under this section shall be 19 |
---|
516 | 516 | | deposited as special revenues into the State Treasury to the credit of the 20 |
---|
517 | 517 | | Department of Labor and Licensing Special Fund, there to be used by the 21 |
---|
518 | 518 | | Department of Labor and Licensing department in carrying out the functions, 22 |
---|
519 | 519 | | powers, and duties of this chapter. 23 |
---|
520 | 520 | | 24 |
---|
521 | 521 | | SECTION 21. Arkansas Code § 17 -55-103 is repealed. 25 |
---|
522 | 522 | | 17-55-103. Persons employed as electrical inspectors as of August 16, 26 |
---|
523 | 523 | | 2013. 27 |
---|
524 | 524 | | (a) A person employed as an electrical inspector as of August 16, 28 |
---|
525 | 525 | | 2013, shall be issued a temporary electrical inspector license upon 29 |
---|
526 | 526 | | submission of the following information to the Board of Electrical Examiners 30 |
---|
527 | 527 | | of the State of Arkansas: 31 |
---|
528 | 528 | | (1) Proof of employment with the state or a political 32 |
---|
529 | 529 | | subdivision of the state as an electrical inspector in the State of Arkansas; 33 |
---|
530 | 530 | | (2) Verification of work experience as required by rule of the 34 |
---|
531 | 531 | | board; and 35 |
---|
532 | 532 | | (3) Payment of a license fee as required by rule of the board. 36 SB627 |
---|
533 | 533 | | |
---|
534 | 534 | | 15 04/03/2025 6:08:32 PM LGL199 |
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535 | 535 | | (b)(1) A temporary license issued under this section shall expire on 1 |
---|
536 | 536 | | January 1, 2014. 2 |
---|
537 | 537 | | (2) A recipient of a temporary license shall be eligible to 3 |
---|
538 | 538 | | apply for an electrical inspector license under this chapter. 4 |
---|
539 | 539 | | 5 |
---|
540 | 540 | | SECTION 22. Arkansas Code § 20 -23-101(3), concerning definitions 6 |
---|
541 | 541 | | pertaining to boiler safety, is amended to read as follows: 7 |
---|
542 | 542 | | (3) “Internal” and “external” inspection means a thorough and 8 |
---|
543 | 543 | | proper inspection as provided for in the rules by the Boiler Inspection 9 |
---|
544 | 544 | | Division Section; 10 |
---|
545 | 545 | | 11 |
---|
546 | 546 | | SECTION 23. Arkansas Code § 20 -23-103 is amended to read as follows: 12 |
---|
547 | 547 | | 20-23-103. Enforcement. 13 |
---|
548 | 548 | | (a) The criminal penalties provided by this chapter shall be enforced 14 |
---|
549 | 549 | | by the prosecuting attorney of each judicial district. The administrative 15 |
---|
550 | 550 | | penalties provided by this chapter shall be imposed pursuant to rules of the 16 |
---|
551 | 551 | | Director of the Division of Labor Secretary of the Department of Labor and 17 |
---|
552 | 552 | | Licensing or his or her designee . 18 |
---|
553 | 553 | | (b) The director secretary or his or her designee may collect an 19 |
---|
554 | 554 | | administrative penalty imposed pursuant to this chapter in a civil action in 20 |
---|
555 | 555 | | a court of competent jurisdiction, and he or she shall not be required to pay 21 |
---|
556 | 556 | | costs or to enter a bond for payment of costs. 22 |
---|
557 | 557 | | 23 |
---|
558 | 558 | | SECTION 24. Arkansas Code § 20 -23-104 is amended to read as follows: 24 |
---|
559 | 559 | | 20-23-104. Periodic or regular attendance. 25 |
---|
560 | 560 | | (a) All boilers subject to the provisions of this chapter shall be 26 |
---|
561 | 561 | | continuously monitored by mechanical and electronic devices approved by the 27 |
---|
562 | 562 | | Director of the Division of Labor Secretary of the Department of Labor and 28 |
---|
563 | 563 | | Licensing or his or her designee . When a plant is in operation or when any 29 |
---|
564 | 564 | | public building is occupied, the boilers shall be under regular attendance by 30 |
---|
565 | 565 | | a boiler operator unless otherwise exempt. 31 |
---|
566 | 566 | | (b) Boilers that are manually operated shall be under constant 32 |
---|
567 | 567 | | attendance whenever they are in use for any purpose. 33 |
---|
568 | 568 | | (c) All steam boilers fifty horsepower (50 hp) and over, as rated by 34 |
---|
569 | 569 | | the manufacturer in any location, and steam boilers used in hospitals, 35 |
---|
570 | 570 | | hotels, schools, theatres, and office buildings, but not limited to these 36 SB627 |
---|
571 | 571 | | |
---|
572 | 572 | | 16 04/03/2025 6:08:32 PM LGL199 |
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573 | 573 | | places, shall be under regular attendance by a licensed operator who holds a 1 |
---|
574 | 574 | | certificate of competency issued by the Boiler Inspection Division Section. 2 |
---|
575 | 575 | | 3 |
---|
576 | 576 | | SECTION 25. Arkansas Code § 20-23-105 is amended to read as follows: 4 |
---|
577 | 577 | | 20-23-105. Disposition of funds. 5 |
---|
578 | 578 | | (a) All money received under this chapter shall be paid to the 6 |
---|
579 | 579 | | Treasurer of State, who shall place this money to the credit of the 7 |
---|
580 | 580 | | Department of Labor and Licensing Special Fund, there to be used by the 8 |
---|
581 | 581 | | Department of Labor and Licensing in carrying out the functions, powers, and 9 |
---|
582 | 582 | | duties as set out in this chapter and to defray the costs of the maintenance, 10 |
---|
583 | 583 | | operation, and improvements required by the department in carrying out the 11 |
---|
584 | 584 | | functions, powers, and duties otherwise imposed by law on the department or 12 |
---|
585 | 585 | | the Director of the Division of Labor Secretary of the Department of Labor 13 |
---|
586 | 586 | | and Licensing or his or her designee . 14 |
---|
587 | 587 | | (b) The director may issue vouchers for salaries and expenses of the 15 |
---|
588 | 588 | | Boiler Inspection Division when proper appropriation has been made for the 16 |
---|
589 | 589 | | expenditures. 17 |
---|
590 | 590 | | 18 |
---|
591 | 591 | | SECTION 26. Arkansas Code § 20 -23-202 is amended to read as follows: 19 |
---|
592 | 592 | | 20-23-202. Chief inspector, deputy inspector, etc. 20 |
---|
593 | 593 | | (a)(1) When the office of Chief Inspector of the Boiler Inspection 21 |
---|
594 | 594 | | Division Section becomes vacant, the Director of the Division of Labor 22 |
---|
595 | 595 | | Secretary of the Department of Labor and Licensing or his or her designee 23 |
---|
596 | 596 | | shall employ a citizen of the State of Arkansas to be chief inspector. 24 |
---|
597 | 597 | | (2) The chief inspector shall have at the time of employment not 25 |
---|
598 | 598 | | less than ten (10) five (5) years' experience in the construction, 26 |
---|
599 | 599 | | maintenance, installation, and repair or inspection of high pressure boilers 27 |
---|
600 | 600 | | and unfired pressure vessels. 28 |
---|
601 | 601 | | (b)(1)(A) The director secretary or his or her designee is authorized 29 |
---|
602 | 602 | | and empowered to employ a technical assistant and deputy inspectors of 30 |
---|
603 | 603 | | boilers. 31 |
---|
604 | 604 | | (B) Inspectors of steam boilers and unfired pressure 32 |
---|
605 | 605 | | vessels shall have had at the time of employment not less than five (5) three 33 |
---|
606 | 606 | | (3) years' experience in the construction, maintenance, installation, and 34 |
---|
607 | 607 | | repair of high pressure boilers and unfired pressure vessels or possess a 35 |
---|
608 | 608 | | currently valid commission from the National Board of Boiler and Pressure 36 SB627 |
---|
609 | 609 | | |
---|
610 | 610 | | 17 04/03/2025 6:08:32 PM LGL199 |
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611 | 611 | | Vessel Inspectors. 1 |
---|
612 | 612 | | (C)(i) Inspectors of steam boilers and unfired pressure 2 |
---|
613 | 613 | | vessels also shall have passed a written examination. 3 |
---|
614 | 614 | | (ii) The examination shall conform to standards not 4 |
---|
615 | 615 | | exceeding those prescribed by the Boiler and Pressure Vessel Code of the 5 |
---|
616 | 616 | | American Society of Mechanical Engineers. 6 |
---|
617 | 617 | | (iii) The examination shall test the inspector's 7 |
---|
618 | 618 | | knowledge of the construction, installation, maintenance, and repair of 8 |
---|
619 | 619 | | boilers and their appurtenances. 9 |
---|
620 | 620 | | (2) The director secretary or his or her designee is also 10 |
---|
621 | 621 | | empowered to employ clerical and administrative employees, as well as other 11 |
---|
622 | 622 | | inspectors, as necessary to perform the work of the Boiler Inspection 12 |
---|
623 | 623 | | Division Section. 13 |
---|
624 | 624 | | (3) The salaries are to be approved by the General Assembly. 14 |
---|
625 | 625 | | (c) The salaries of the employees of the Boiler Inspection Division 15 |
---|
626 | 626 | | Section, together with the necessary expenses of the Boiler Inspection 16 |
---|
627 | 627 | | Division Section, shall be paid out of the fees for which provision is made 17 |
---|
628 | 628 | | in this chapter. 18 |
---|
629 | 629 | | 19 |
---|
630 | 630 | | SECTION 27. The introductory language of Arkansas Code § 20 -23-203(a), 20 |
---|
631 | 631 | | concerning the duties of the Chief Inspector of the Boiler Inspection 21 |
---|
632 | 632 | | Division, is amended to read as follows: 22 |
---|
633 | 633 | | (a) The Chief Inspector of the Boiler Inspection Division Section, 23 |
---|
634 | 634 | | either personally or by a deputy inspector, shall carefully: 24 |
---|
635 | 635 | | 25 |
---|
636 | 636 | | SECTION 28. Arkansas Code § 20 -23-203(c), concerning the duties of the 26 |
---|
637 | 637 | | Chief Inspector of the Boiler Inspection Division, is amended to read as 27 |
---|
638 | 638 | | follows: 28 |
---|
639 | 639 | | (c)(1) The chief inspector shall enforce the laws of the state 29 |
---|
640 | 640 | | governing the use of boilers and unfired pressure vessels. He or she shall 30 |
---|
641 | 641 | | examine into and report to Director of the Division of Labor the Secretary of 31 |
---|
642 | 642 | | the Department of Labor and Licensing or his or her designee the causes of 32 |
---|
643 | 643 | | boiler explosions which occur within the state. 33 |
---|
644 | 644 | | (2) He or she shall keep in his or her office a complete and 34 |
---|
645 | 645 | | accurate record of the names of all owners or operators of boilers inspected 35 |
---|
646 | 646 | | by the Boiler Inspection Division Section, together with the location, make, 36 SB627 |
---|
647 | 647 | | |
---|
648 | 648 | | 18 04/03/2025 6:08:32 PM LGL199 |
---|
649 | 649 | | type, dimensions, age, condition, pressure allowed upon, and date of the last 1 |
---|
650 | 650 | | inspection of all boilers and shall make an annual report thereon to the 2 |
---|
651 | 651 | | director secretary or his or her designee . 3 |
---|
652 | 652 | | 4 |
---|
653 | 653 | | SECTION 29. Arkansas Code § 20 -23-301 is amended to read as follows: 5 |
---|
654 | 654 | | 20-23-301. Certificate of inspection required – Application of rules 6 |
---|
655 | 655 | | and standards – Penalties. 7 |
---|
656 | 656 | | (a)(1) No owner or user of a boiler or pressure vessel or engineer or 8 |
---|
657 | 657 | | fireman in charge of a boiler or pressure vessel shall operate or allow the 9 |
---|
658 | 658 | | boiler or pressure vessel to be operated without a certificate of inspection 10 |
---|
659 | 659 | | issued by the Director of the Division of Labor Secretary of the Department 11 |
---|
660 | 660 | | of Labor and Licensing or his or her designee or shall allow a greater 12 |
---|
661 | 661 | | pressure in the boiler or pressure vessel than is allowed by the certificate 13 |
---|
662 | 662 | | of inspection. 14 |
---|
663 | 663 | | (2)(A) All boilers and pressure vessels installed or in 15 |
---|
664 | 664 | | operation in this state shall conform to those rules and standards that shall 16 |
---|
665 | 665 | | from time to time be adopted by the Boiler Inspection Division Section with 17 |
---|
666 | 666 | | the approval of the director secretary or his or her designee . 18 |
---|
667 | 667 | | (B) The rules and standards shall not exceed those set out 19 |
---|
668 | 668 | | in the several sections of the Boiler and Pressure Vessel Code of the 20 |
---|
669 | 669 | | American Society of Mechanical Engineers and shall have the force of law 21 |
---|
670 | 670 | | immediately upon their approval by the director secretary or his or her 22 |
---|
671 | 671 | | designee. 23 |
---|
672 | 672 | | (3) No person shall operate or cause to be operated any boiler 24 |
---|
673 | 673 | | or unfired pressure vessel on which the certificate of inspection has been 25 |
---|
674 | 674 | | suspended or the operation of which has been forbidden by an inspector as 26 |
---|
675 | 675 | | provided in §§ 20-23-203, 20-23-306, 20-23-310, 20-23-401, and 20-23-402. 27 |
---|
676 | 676 | | (4) All pressure piping installed in this state shall conform to 28 |
---|
677 | 677 | | those rules and standards that shall from time to time be adopted by the 29 |
---|
678 | 678 | | Boiler Inspection Division Section with the approval of the director 30 |
---|
679 | 679 | | secretary or his or her designee . The rules and standards shall not exceed 31 |
---|
680 | 680 | | those set out in the American Society of Mechanical Engineers Code for 32 |
---|
681 | 681 | | Pressure Piping, Power Piping Code, B31.1. 33 |
---|
682 | 682 | | (b) Any person violating this section shall be subject to an 34 |
---|
683 | 683 | | administrative fine of not less than twenty -five dollars ($25.00) nor more 35 |
---|
684 | 684 | | than one thousand dollars ($1,000). 36 SB627 |
---|
685 | 685 | | |
---|
686 | 686 | | 19 04/03/2025 6:08:32 PM LGL199 |
---|
687 | 687 | | 1 |
---|
688 | 688 | | SECTION 30. Arkansas Code § 20 -23-302 is amended to read as follows: 2 |
---|
689 | 689 | | 20-23-302. Report by manufacturer, owner, and user. 3 |
---|
690 | 690 | | (a) Every manufacturer, owner, or user of a boiler or unfired pressure 4 |
---|
691 | 691 | | vessel in use or to be used in any part of the state and subject to 5 |
---|
692 | 692 | | inspection by the Boiler Inspection Division Section, as provided by this 6 |
---|
693 | 693 | | chapter, shall report to the division Boiler Inspection Section the location 7 |
---|
694 | 694 | | of the boiler or unfired pressure vessel at such times and in such manner and 8 |
---|
695 | 695 | | form as may be determined by the rules of the division Boiler Inspection 9 |
---|
696 | 696 | | Section. 10 |
---|
697 | 697 | | (b) Any owner, user, or agent of the owner of any boiler or unfired 11 |
---|
698 | 698 | | pressure vessel subject to inspection by the division Boiler Inspection 12 |
---|
699 | 699 | | Section, as provided in this chapter, who shall fail to report its location 13 |
---|
700 | 700 | | to the division Boiler Inspection Section shall be subject to an 14 |
---|
701 | 701 | | administrative fine of not less than one hundred dollars ($100). 15 |
---|
702 | 702 | | 16 |
---|
703 | 703 | | SECTION 31. Arkansas Code § 20 -23-304 is amended to read as follows: 17 |
---|
704 | 704 | | 20-23-304. Failure to make ready for inspection. 18 |
---|
705 | 705 | | Any owner, user, or agent of the owner of any boiler subject to 19 |
---|
706 | 706 | | inspection by the Boiler Inspection Division Section who shall fail to have a 20 |
---|
707 | 707 | | boiler ready for inspection after due notice as provided in this chapter 21 |
---|
708 | 708 | | shall pay to the division Boiler Inspection Section the inspection fee 22 |
---|
709 | 709 | | provided by this subchapter and shall be subject to an administrative fine of 23 |
---|
710 | 710 | | any sum not less than ten dollars ($10.00). 24 |
---|
711 | 711 | | 25 |
---|
712 | 712 | | SECTION 32. Arkansas Code § 20 -23-305 is amended to read as follows: 26 |
---|
713 | 713 | | 20-23-305. Special inspection. 27 |
---|
714 | 714 | | (a) If at any time the owner, user, or agent of the owner of any 28 |
---|
715 | 715 | | boiler within the state shall desire a special inspection of any boiler, it 29 |
---|
716 | 716 | | shall be made by the Boiler Inspection Division Section after due request 30 |
---|
717 | 717 | | thereof. 31 |
---|
718 | 718 | | (b) The inspector making the inspection shall collect a fee of one 32 |
---|
719 | 719 | | hundred dollars ($100) for each boiler together with his or her expenses from 33 |
---|
720 | 720 | | Little Rock to the place of inspection and return . 34 |
---|
721 | 721 | | 35 |
---|
722 | 722 | | SECTION 33. Arkansas Code § 20 -23-306 is amended to read as follows: 36 SB627 |
---|
723 | 723 | | |
---|
724 | 724 | | 20 04/03/2025 6:08:32 PM LGL199 |
---|
725 | 725 | | 20-23-306. Issuance. 1 |
---|
726 | 726 | | (a)(1) Upon receipt by the Boiler Inspection Division Section of an 2 |
---|
727 | 727 | | annual or biennial certificate report of inspection from a state inspector or 3 |
---|
728 | 728 | | from an inspector employed by an insurance company that a boiler or pressure 4 |
---|
729 | 729 | | vessel is in safe working condition with the required fittings, valves, and 5 |
---|
730 | 730 | | appliances properly installed and set, the Director of the Division of Labor 6 |
---|
731 | 731 | | Secretary of the Department of Labor and Licensing or his or her designee 7 |
---|
732 | 732 | | shall issue to the owner of the boiler or pressure vessel a certificate of 8 |
---|
733 | 733 | | inspection. 9 |
---|
734 | 734 | | (2) The certificate of inspection shall be issued upon payment 10 |
---|
735 | 735 | | of a fee of fifteen dollars ($15.00) in cases of all boilers other than 11 |
---|
736 | 736 | | unfired pressure vessels and a fee of thirty dollars ($30.00) in cases of 12 |
---|
737 | 737 | | unfired pressure vessels. 13 |
---|
738 | 738 | | (3) The certificate of inspection shall state the maximum 14 |
---|
739 | 739 | | pressure at which the boiler or pressure vessel may be operated as may be 15 |
---|
740 | 740 | | determined by the rules adopted by the Boiler Inspection Division Section, as 16 |
---|
741 | 741 | | provided in this chapter. 17 |
---|
742 | 742 | | (b) Upon receipt of a certificate of inspection under subsection (a) 18 |
---|
743 | 743 | | of this section, unless the certificate of inspection is withdrawn or 19 |
---|
744 | 744 | | suspended, the owner or user may operate boilers: 20 |
---|
745 | 745 | | (1) Other than unfired pressure vessels described in the 21 |
---|
746 | 746 | | certificate for one (1) year from the date of annual inspection plus any 22 |
---|
747 | 747 | | extension granted under § 20-23-203(a) of the time for the next annual 23 |
---|
748 | 748 | | inspection; and 24 |
---|
749 | 749 | | (2) That are unfired pressure vessels for two (2) years from the 25 |
---|
750 | 750 | | date of biennial inspection. 26 |
---|
751 | 751 | | (c) Any owner or operator of a boiler or pressure vessel who is 27 |
---|
752 | 752 | | dissatisfied with the result of an inspection made by an inspector employed 28 |
---|
753 | 753 | | by an insurance company may appeal to the Chief Inspector of the Boiler 29 |
---|
754 | 754 | | Inspection Division Section, who shall cause a special investigation to be 30 |
---|
755 | 755 | | conducted and, upon the report of the inspection, shall render his or her 31 |
---|
756 | 756 | | decision, the decision to be final. 32 |
---|
757 | 757 | | 33 |
---|
758 | 758 | | SECTION 34. Arkansas Code § 20 -23-307 is amended to read as follows: 34 |
---|
759 | 759 | | 20-23-307. New boilers and unfired pressure vessels – Permit required. 35 |
---|
760 | 760 | | (a) Every manufacturer, contractor, jobber, owner, or user of a boiler 36 SB627 |
---|
761 | 761 | | |
---|
762 | 762 | | 21 04/03/2025 6:08:32 PM LGL199 |
---|
763 | 763 | | or unfired pressure vessel or pressure piping system shall obtain a permit 1 |
---|
764 | 764 | | from the Boiler Inspection Division Section before any boiler or unfired 2 |
---|
765 | 765 | | pressure vessel or pressure piping system may be installed or moved and 3 |
---|
766 | 766 | | installed in the State of Arkansas. 4 |
---|
767 | 767 | | (b) When new boilers or unfired pressure vessels are to be installed, 5 |
---|
768 | 768 | | the manufacturer's data report for each boiler and unfired pressure vessel 6 |
---|
769 | 769 | | shall be submitted with the application for installation. 7 |
---|
770 | 770 | | (c) No boiler or unfired pressure vessel or pressure piping may be 8 |
---|
771 | 771 | | installed without approval from the division Boiler Inspection Section . 9 |
---|
772 | 772 | | 10 |
---|
773 | 773 | | SECTION 35. Arkansas Code § 20 -23-308 is amended to read as follows: 11 |
---|
774 | 774 | | 20-23-308. New boilers and unfired pressure vessels – Fees. 12 |
---|
775 | 775 | | (a) The following fees shall be paid before permits may be issued for 13 |
---|
776 | 776 | | the installation of any boiler or unfired pressure vessel: 14 |
---|
777 | 777 | | (1) Boilers: 15 |
---|
778 | 778 | | (A) Up to 25 200 horsepower, incl. $15.00 $25.00 16 |
---|
779 | 779 | | (B) Over 25 horsepower to 50 horsepower, incl. 20.00 17 |
---|
780 | 780 | | (C) Over 50 horsepower to 100 horsepower, incl. 25.00 18 |
---|
781 | 781 | | (D) Over 100 horsepower to 200 horsepower, incl. 30.00 19 |
---|
782 | 782 | | (E) Over 200 horsepower to 300 horsepower, incl. 50.00 20 |
---|
783 | 783 | | (F) Over 300 horsepower to 400 horsepower, incl. 60.00 21 |
---|
784 | 784 | | (G) Over 400 horsepower to 500 horsepower, incl. 70.00 22 |
---|
785 | 785 | | (H) Over 500 200 horsepower $95.00 $45.00 23 |
---|
786 | 786 | | (2) Unfired pressure vessels, including hot water storage 24 |
---|
787 | 787 | | containers: $30.00 25 |
---|
788 | 788 | | (A) 500 gallons capacity or less $15.00 26 |
---|
789 | 789 | | (B) 501 gallons capacity to 1,000 gallons capacity 20.00 27 |
---|
790 | 790 | | (C) 1,001 gallons capacity to 5,000 gallons capacity 40.00 28 |
---|
791 | 791 | | (D) 5,001 gallons capacity and over 50.00 29 |
---|
792 | 792 | | (b) The fee paid for the issuance of a permit for the installation of 30 |
---|
793 | 793 | | pressure piping shall be one hundred dollars ($100). 31 |
---|
794 | 794 | | 32 |
---|
795 | 795 | | SECTION 36. Arkansas Code § 20 -23-310 is amended to read as follows: 33 |
---|
796 | 796 | | 20-23-310. Suspension. 34 |
---|
797 | 797 | | (a)(1) The Chief Inspector of the Boiler Inspection Division Section 35 |
---|
798 | 798 | | or his or her authorized representatives representative may at any time 36 SB627 |
---|
799 | 799 | | |
---|
800 | 800 | | 22 04/03/2025 6:08:32 PM LGL199 |
---|
801 | 801 | | suspend an inspection certificate when in their his or her opinion the boiler 1 |
---|
802 | 802 | | or unfired pressure vessel for which it was issued cannot be operated without 2 |
---|
803 | 803 | | menace to the public safety or when the boiler or unfired pressure vessel is 3 |
---|
804 | 804 | | found not to comply with the rules provided in this subchapter. 4 |
---|
805 | 805 | | (2) Any insurance company inspector or inspection service 5 |
---|
806 | 806 | | provider who has been issued an Arkansas commission and is inspecting boilers 6 |
---|
807 | 807 | | or pressure vessels in this state shall have corresponding powers with 7 |
---|
808 | 808 | | respect to operating certificates for boilers or pressure vessels insured by 8 |
---|
809 | 809 | | the company employing him or her. 9 |
---|
810 | 810 | | (3) The suspension of an operating certificate shall continue in 10 |
---|
811 | 811 | | effect until the boiler or pressure vessel shall have been made to conform to 11 |
---|
812 | 812 | | the rules of the Boiler Inspection Division Section and until the operating 12 |
---|
813 | 813 | | certificate shall have been reinstated. 13 |
---|
814 | 814 | | (b) Any inspector of the division Boiler Inspection Section or any 14 |
---|
815 | 815 | | commissioned inspector of any insurance company or inspection service 15 |
---|
816 | 816 | | provider who after inspection of a boiler or unfired pressure vessel shall 16 |
---|
817 | 817 | | find it unsafe for operation shall suspend its certificate of inspection and 17 |
---|
818 | 818 | | forbid its further use until it shall have been made to conform to the 18 |
---|
819 | 819 | | standards adopted by the division Boiler Inspection Section and until its 19 |
---|
820 | 820 | | certificate of inspection shall have been reinstated by an authorized 20 |
---|
821 | 821 | | inspector. 21 |
---|
822 | 822 | | 22 |
---|
823 | 823 | | SECTION 37. Arkansas Code § 20 -23-311 is amended to read as follows: 23 |
---|
824 | 824 | | 20-23-311. Inspection fees generally. 24 |
---|
825 | 825 | | (a) Within thirty (30) days from the date of inspection, there shall 25 |
---|
826 | 826 | | be paid for the annual inspection of each boiler by the Boiler Inspection 26 |
---|
827 | 827 | | Division Section made according to the provisions of this chapter, the sum as 27 |
---|
828 | 828 | | follows: 28 |
---|
829 | 829 | | (1) Boilers: $25.00; and 29 |
---|
830 | 830 | | (A) Up to and including 15 horsepower, incl. $10.00 30 |
---|
831 | 831 | | (B) Over 15 horsepower to 50 horsepower, incl. 13.00 31 |
---|
832 | 832 | | (C) Over 50 horsepower to 100 horsepower, incl. 18.00 32 |
---|
833 | 833 | | (D) Over 100 horsepower to 150 horsepower, incl. 20.00 33 |
---|
834 | 834 | | (E) Over 150 horsepower to 250 horsepower, incl. 23.00 34 |
---|
835 | 835 | | (F) Over 250 horsepower to 500 horsepower, incl. 35.00 35 |
---|
836 | 836 | | (G) Over 500 horsepower 50.00 36 SB627 |
---|
837 | 837 | | |
---|
838 | 838 | | 23 04/03/2025 6:08:32 PM LGL199 |
---|
839 | 839 | | (2) Shop inspections: per day, four hundred forty dollars 1 |
---|
840 | 840 | | ($440); per half day, two hundred and twenty dollars ($220); plus expenses, 2 |
---|
841 | 841 | | including mileage not to exceed the rate authorized by the General Assembly 3 |
---|
842 | 842 | | to employees of state agencies who furnish their own transportation, and 4 |
---|
843 | 843 | | meals and lodging in accordance with that approved by the General Assembly as 5 |
---|
844 | 844 | | a daily allowance; and 6 |
---|
845 | 845 | | (3) Unfired pressure vessels : $15.00 7 |
---|
846 | 846 | | (A) 150 gallons or less $9.00 8 |
---|
847 | 847 | | (B) 151 gallons to 500 gallons 10.00 9 |
---|
848 | 848 | | (C) 501 gallons to 1,000 gallons 11.00 10 |
---|
849 | 849 | | (D) 1,001 gallons to 2,000 gallons 12.00 11 |
---|
850 | 850 | | (E) 2,001 gallons to 3,000 gallons 13.00 12 |
---|
851 | 851 | | (F) 3,001 gallons to 5,000 gallons 14.00 13 |
---|
852 | 852 | | (G) 5,001 gallons and over 18.00 14 |
---|
853 | 853 | | (b) The rates in subsection (a) of this section may be reduced by the 15 |
---|
854 | 854 | | Director of the Division of Labor Secretary of the Department of Labor and 16 |
---|
855 | 855 | | Licensing or his or her designee at the beginning of any fiscal year if the 17 |
---|
856 | 856 | | rates produce a greater amount of revenue than is required to defray the cost 18 |
---|
857 | 857 | | of operation of the Boiler Inspection Division Section. 19 |
---|
858 | 858 | | (c) All inspection fees shall be paid by the owner, user, or agent of 20 |
---|
859 | 859 | | the owner, and the inspector may receive the fee and issue his or her receipt 21 |
---|
860 | 860 | | therefor. 22 |
---|
861 | 861 | | (d) If the owner, user, or agent of the owner shall fail to pay any 23 |
---|
862 | 862 | | inspection fee under this section within thirty (30) days, a civil money 24 |
---|
863 | 863 | | penalty equal to the amount of the unpaid fee shall attach to the outstanding 25 |
---|
864 | 864 | | amount of the fee, and the director secretary or his or her designee shall be 26 |
---|
865 | 865 | | empowered to collect this penalty in addition to the amount of the fee. 27 |
---|
866 | 866 | | 28 |
---|
867 | 867 | | SECTION 38. Arkansas Code § 20 -23-312 is amended to read as follows: 29 |
---|
868 | 868 | | 20-23-312. Inspection fees – Collection. 30 |
---|
869 | 869 | | (a)(1) In addition to other remedies provided for by this chapter, if 31 |
---|
870 | 870 | | after the making of any inspection or accrual of any charge or penalty 32 |
---|
871 | 871 | | required or authorized by this chapter, the fee, penalty, or charge is not 33 |
---|
872 | 872 | | paid within thirty (30) days after demand upon whoever is liable therefor, 34 |
---|
873 | 873 | | the Director of the Division of Labor Secretary of the Department of Labor 35 |
---|
874 | 874 | | and Licensing or his or her designee may employ an attorney, who is empowered 36 SB627 |
---|
875 | 875 | | |
---|
876 | 876 | | 24 04/03/2025 6:08:32 PM LGL199 |
---|
877 | 877 | | without payment of costs or giving of bond for costs to institute suit in the 1 |
---|
878 | 878 | | name of the State of Arkansas in any court of competent jurisdiction to 2 |
---|
879 | 879 | | collect the fees, penalties, costs, and charges. 3 |
---|
880 | 880 | | (2)(A) The court where suit is brought pursuant to subdivision 4 |
---|
881 | 881 | | (a)(1) of this section for collection of fees, penalties, and charges shall, 5 |
---|
882 | 882 | | without limitation, based on the actual amount of the judgment award an 6 |
---|
883 | 883 | | attorney's fee equal to the actual cost to the Division of Labor Department 7 |
---|
884 | 884 | | of Labor and Licensing or the Boiler Inspection Division Section for the 8 |
---|
885 | 885 | | regular hourly rate of pay of the attorney multiplied by the actual hours, 9 |
---|
886 | 886 | | including, but not limited to, travel time, litigation, and case review. 10 |
---|
887 | 887 | | (B) Furthermore, the court shall award, without 11 |
---|
888 | 888 | | limitation, based on the actual amount of the judgment an amount equal to all 12 |
---|
889 | 889 | | costs incurred by the Division of Labor department or the Boiler Inspection 13 |
---|
890 | 890 | | Division Section, including, but not limited to, travel costs, witness fees, 14 |
---|
891 | 891 | | sheriff's service fees, or costs incurred pursuant to the collection of any 15 |
---|
892 | 892 | | judgment obtained by the Division of Labor department or the Boiler 16 |
---|
893 | 893 | | Inspection Division Section. 17 |
---|
894 | 894 | | (b)(1) The plaintiff in the suits is given a lien upon the boiler and 18 |
---|
895 | 895 | | all parts, connections, and attachments thereto, whether attached to the land 19 |
---|
896 | 896 | | or not, to accrue the payment of the inspection fees for making the 20 |
---|
897 | 897 | | inspection. 21 |
---|
898 | 898 | | (2) The lien shall attach to the property at the time of making 22 |
---|
899 | 899 | | the inspection and shall continue until all inspection fees are paid. 23 |
---|
900 | 900 | | (3) The lien, when it so attaches, shall be held to be prior, 24 |
---|
901 | 901 | | paramount, and superior to the liens, claims, and demands of all persons 25 |
---|
902 | 902 | | whomsoever, whether owners, agents, mortgagees, trustees, and beneficiaries 26 |
---|
903 | 903 | | under trusts or owners whether prior in time or not. 27 |
---|
904 | 904 | | 28 |
---|
905 | 905 | | SECTION 39. Arkansas Code § 20 -23-314 is amended to read as follows: 29 |
---|
906 | 906 | | 20-23-314. Pressure piping inspections. 30 |
---|
907 | 907 | | (a) The installation of pressure piping shall be periodically 31 |
---|
908 | 908 | | inspected during the course of the installation by an inspector commissioned 32 |
---|
909 | 909 | | pursuant to the provisions of § 20-23-401 in the manner and with the 33 |
---|
910 | 910 | | frequency prescribed by the rules of the Boiler Inspection Division Section. 34 |
---|
911 | 911 | | (b)(1) Upon completion of the installation of any pressure piping, a 35 |
---|
912 | 912 | | final inspection shall be made, and the inspector shall complete a final 36 SB627 |
---|
913 | 913 | | |
---|
914 | 914 | | 25 04/03/2025 6:08:32 PM LGL199 |
---|
915 | 915 | | inspection report on a form approved by the Director of the Division of Labor 1 |
---|
916 | 916 | | Secretary of the Department of Labor and Licensing or his or her designee . 2 |
---|
917 | 917 | | (2) A copy of the final inspection report shall be filed with 3 |
---|
918 | 918 | | the Boiler Inspection Division Section within thirty (30) days of completion 4 |
---|
919 | 919 | | of the installation. 5 |
---|
920 | 920 | | (c) If the report required by subsection (b) of this section is not 6 |
---|
921 | 921 | | filed within thirty (30) days after completion of the installation, the 7 |
---|
922 | 922 | | Boiler Inspection Division Section shall designate an inspector in its employ 8 |
---|
923 | 923 | | to make the inspection and report required by subsection (b) of this section. 9 |
---|
924 | 924 | | (d) The inspections and reports required by subsections (a) and (b) of 10 |
---|
925 | 925 | | this section may be made by an inspector in the employ of the Boiler 11 |
---|
926 | 926 | | Inspection Division Section. 12 |
---|
927 | 927 | | (e) For each inspection made by an inspector employed by the Boiler 13 |
---|
928 | 928 | | Inspection Division Section and required by subsection (a), subsection (b), 14 |
---|
929 | 929 | | or subsection (c) of this section, the holder of the installation permit 15 |
---|
930 | 930 | | shall pay the Boiler Inspection Division Section an inspection fee in the 16 |
---|
931 | 931 | | amount of four hundred forty dollars ($440) per day or two hundred twenty 17 |
---|
932 | 932 | | dollars ($220) per half -day, plus expenses and mileage at the rates 18 |
---|
933 | 933 | | authorized for employees of the Division of Labor who furnish their own 19 |
---|
934 | 934 | | transportation. 20 |
---|
935 | 935 | | (f) The inspections required by this section and the installation 21 |
---|
936 | 936 | | permit required for pressure piping by § 20-23-307 shall apply only to new 22 |
---|
937 | 937 | | installations and shall not be construed as requiring an inspection or an 23 |
---|
938 | 938 | | installation permit for maintenance, repair, or renovation of existing 24 |
---|
939 | 939 | | facilities. 25 |
---|
940 | 940 | | 26 |
---|
941 | 941 | | SECTION 40. Arkansas Code § 20 -23-401(a), concerning certificates of 27 |
---|
942 | 942 | | competency and commissions of inspectors of the Boiler Inspection Division, 28 |
---|
943 | 943 | | is amended to read as follows: 29 |
---|
944 | 944 | | (a) Certificates of competency and commissions as inspectors of 30 |
---|
945 | 945 | | boilers shall be issued by the Boiler Inspection Division Section to persons 31 |
---|
946 | 946 | | in the employ of any company authorized to insure boilers against explosions 32 |
---|
947 | 947 | | in this state or by a qualified inspection service provider . 33 |
---|
948 | 948 | | 34 |
---|
949 | 949 | | SECTION 41. Arkansas Code § 20 -23-401(f)(1), concerning commissions 35 |
---|
950 | 950 | | issued relating to boiler safety, is amended to read as follows: 36 SB627 |
---|
951 | 951 | | |
---|
952 | 952 | | 26 04/03/2025 6:08:32 PM LGL199 |
---|
953 | 953 | | (f)(1) Any commission issued under this subchapter shall be 1 |
---|
954 | 954 | | immediately returned to the division Boiler Inspection Section when the 2 |
---|
955 | 955 | | inspector to whom it has been issued shall cease to be employed by the 3 |
---|
956 | 956 | | insurance company or inspection service provider employing him or her at the 4 |
---|
957 | 957 | | time the commission was issued. 5 |
---|
958 | 958 | | 6 |
---|
959 | 959 | | SECTION 42. Arkansas Code § 20 -23-402 is amended to read as follows: 7 |
---|
960 | 960 | | 20-23-402. Inspectors employed by insurance companies or private 8 |
---|
961 | 961 | | inspection service providers . 9 |
---|
962 | 962 | | (a) Boiler inspectors employed by insurance companies or private 10 |
---|
963 | 963 | | inspection service providers which are authorized to insure boilers in this 11 |
---|
964 | 964 | | state shall hold certificates of competency issued by the Boiler Inspection 12 |
---|
965 | 965 | | Division Section as provided in this section and shall: 13 |
---|
966 | 966 | | (1) Inspect internally and externally at least one (1) time 14 |
---|
967 | 967 | | annually or within the time granted under § 20-23-203(a) all high pressure 15 |
---|
968 | 968 | | steam boilers insured by their respective companies; 16 |
---|
969 | 969 | | (2) Inspect externally one (1) time annually and internally one 17 |
---|
970 | 970 | | (1) time every three (3) years every low pressure steam heating boiler 18 |
---|
971 | 971 | | insured by their respective companies; and 19 |
---|
972 | 972 | | (3) Inspect unfired pressure vessels biennially. 20 |
---|
973 | 973 | | (b) The insured boilers shall be exempt from all inspections other 21 |
---|
974 | 974 | | than those of the respective insurance company inspectors unless there is 22 |
---|
975 | 975 | | some evidence that proper inspection is not being made. 23 |
---|
976 | 976 | | (c) Within thirty (30) days following each internal inspection made by 24 |
---|
977 | 977 | | its inspectors, each insurance company shall file a copy of the internal 25 |
---|
978 | 978 | | inspection report and date of the inspection with the Boiler Inspection 26 |
---|
979 | 979 | | Division Section on forms approved by the Division of Labor Secretary of the 27 |
---|
980 | 980 | | Department of Labor and Licensing or his or her designee . 28 |
---|
981 | 981 | | (d)(1) Each insurance company shall file a report annually of all 29 |
---|
982 | 982 | | boilers insured and inspected showing location, owner, state number, and date 30 |
---|
983 | 983 | | of last inspection. 31 |
---|
984 | 984 | | (2) The report shall be filed not later than January 30 of each 32 |
---|
985 | 985 | | calendar year. 33 |
---|
986 | 986 | | (e)(1) If annual reports are not filed with the Boiler Inspection 34 |
---|
987 | 987 | | Division Section by insurance companies who have insurance on boilers in the 35 |
---|
988 | 988 | | State of Arkansas within sixty (60) days from the date they are due 36 SB627 |
---|
989 | 989 | | |
---|
990 | 990 | | 27 04/03/2025 6:08:32 PM LGL199 |
---|
991 | 991 | | inspection, the Boiler Inspection Division Section shall make the required 1 |
---|
992 | 992 | | inspection. 2 |
---|
993 | 993 | | (2) A special inspection fee of one hundred dollars ($100) for 3 |
---|
994 | 994 | | each boiler or unfired pressure vessel inspected, plus mileage and expenses 4 |
---|
995 | 995 | | from Little Rock to point of inspection and return not to exceed the current 5 |
---|
996 | 996 | | rate authorized by the General Assembly to employees of state agencies who 6 |
---|
997 | 997 | | furnish their own transportation, plus any meals and hotel bills incurred 7 |
---|
998 | 998 | | shall be charged to the insurance company insuring the boilers or unfired 8 |
---|
999 | 999 | | pressure vessels unless an extension of time is granted by the Chief 9 |
---|
1000 | 1000 | | Inspector of the Boiler Inspection Division Section. 10 |
---|
1001 | 1001 | | (f) No operating certificate issued for an insured boiler inspected by 11 |
---|
1002 | 1002 | | an insurance company inspector shall be valid after the boiler for which it 12 |
---|
1003 | 1003 | | was issued shall cease to be insured by a company authorized by this state to 13 |
---|
1004 | 1004 | | carry the insurance. 14 |
---|
1005 | 1005 | | 15 |
---|
1006 | 1006 | | SECTION 43. Arkansas Code § 20 -23-404 is amended to read as follows: 16 |
---|
1007 | 1007 | | 20-23-404. Operators. 17 |
---|
1008 | 1008 | | (a)(1) The Boiler Inspection Division Section or an authorized 18 |
---|
1009 | 1009 | | representative of the Boiler Inspection Section shall conduct examinations 19 |
---|
1010 | 1010 | | for each applicant seeking a boiler operator's license. 20 |
---|
1011 | 1011 | | (2) The examination may be either written or oral shall be 21 |
---|
1012 | 1012 | | written. 22 |
---|
1013 | 1013 | | (3) Each applicant shall pay a fee of twenty -five dollars 23 |
---|
1014 | 1014 | | ($25.00) for the examination and the first license. 24 |
---|
1015 | 1015 | | (4) Each license shall be renewed annually. The annual fee shall 25 |
---|
1016 | 1016 | | be seventeen dollars ($17.00). 26 |
---|
1017 | 1017 | | (5) Before the applicant may participate in an examination, he 27 |
---|
1018 | 1018 | | or she shall have had not less than six (6) months of on -the-job training. 28 |
---|
1019 | 1019 | | Proof of this on-the-job training shall be furnished to the Division of Labor 29 |
---|
1020 | 1020 | | Boiler Inspection Section by the employer before the examination. 30 |
---|
1021 | 1021 | | (6) A restricted license may be issued to an applicant who has 31 |
---|
1022 | 1022 | | passed the examination required in this subsection but who has not met the 32 |
---|
1023 | 1023 | | requirements of subdivision (a)(5) of this section, provided that: 33 |
---|
1024 | 1024 | | (A) The restricted license shall be effective for one (1) 34 |
---|
1025 | 1025 | | year from the date of issue; and 35 |
---|
1026 | 1026 | | (B) The licensee is to work under the direction and 36 SB627 |
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1027 | 1027 | | |
---|
1028 | 1028 | | 28 04/03/2025 6:08:32 PM LGL199 |
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1029 | 1029 | | supervision of a regularly licensed boiler operator. 1 |
---|
1030 | 1030 | | (b)(1) Any operator found operating a boiler without a certificate 2 |
---|
1031 | 1031 | | issued by the Boiler Inspection Division Section or operating a boiler 3 |
---|
1032 | 1032 | | knowing it to be defective shall have his or her license revoked at once. 4 |
---|
1033 | 1033 | | (2) Any person found operating a boiler without an operator's 5 |
---|
1034 | 1034 | | license shall be subject to an administrative fine of not less than twenty -6 |
---|
1035 | 1035 | | five dollars ($25.00) and not more than one hundred dollars ($100). 7 |
---|
1036 | 1036 | | 8 |
---|
1037 | 1037 | | SECTION 44. Arkansas Code § 20 -23-405 is amended to read as follows: 9 |
---|
1038 | 1038 | | 20-23-405. Sellers, installers, and repairers , and inspection service 10 |
---|
1039 | 1039 | | providers. 11 |
---|
1040 | 1040 | | (a)(1) All persons, firms, or corporations engaged in the sale , or 12 |
---|
1041 | 1041 | | installation, or inspection services of boilers, unfired pressure vessels, 13 |
---|
1042 | 1042 | | hot water storage containers, or pressure piping in any location shall be 14 |
---|
1043 | 1043 | | licensed by the Boiler Inspection Division Section to perform the work. 15 |
---|
1044 | 1044 | | (2) The annual license fee shall be seventy -five dollars 16 |
---|
1045 | 1045 | | ($75.00) per year, payable in advance on or before January 31 of each 17 |
---|
1046 | 1046 | | calendar year. 18 |
---|
1047 | 1047 | | (b)(1) All persons, firms, or corporations engaged in the repair of 19 |
---|
1048 | 1048 | | boilers or unfired pressure vessels shall be licensed by the division Boiler 20 |
---|
1049 | 1049 | | Inspection Section. 21 |
---|
1050 | 1050 | | (2) The annual license fee shall be seventy -five dollars 22 |
---|
1051 | 1051 | | ($75.00) annually, payable in advance on or before January 31 of each 23 |
---|
1052 | 1052 | | calendar year. 24 |
---|
1053 | 1053 | | (c) Each person, firm, or corporation shall furnish evidence suitable 25 |
---|
1054 | 1054 | | to the division Boiler Inspection Section that the person, firm, or 26 |
---|
1055 | 1055 | | coporation corporation is qualified to perform the work. 27 |
---|
1056 | 1056 | | (d) The license of any person, firm, or corporation may be revoked by 28 |
---|
1057 | 1057 | | the division Boiler Inspection Section upon proof that the person, firm, or 29 |
---|
1058 | 1058 | | corporation is not performing the work in compliance with this chapter and 30 |
---|
1059 | 1059 | | the rules as provided in this chapter. 31 |
---|
1060 | 1060 | | (e) Any person violating the provisions of this section shall be 32 |
---|
1061 | 1061 | | guilty of a misdemeanor and upon conviction shall be punished by a fine of 33 |
---|
1062 | 1062 | | not less than fifty dollars ($50.00) nor more than one thousand dollars 34 |
---|
1063 | 1063 | | ($1,000) or by imprisonment for not more than five (5) years or by both fine 35 |
---|
1064 | 1064 | | and imprisonment. 36 SB627 |
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1065 | 1065 | | |
---|
1066 | 1066 | | 29 04/03/2025 6:08:32 PM LGL199 |
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1067 | 1067 | | (f) The provisions of §§ 20-23-104, 20-23-307 — 20-23-309, 20-23-1 |
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1068 | 1068 | | 403, 20-23-404, and this section shall not apply to firms under the 2 |
---|
1069 | 1069 | | regulation of the United States Surface Transportation Board. 3 |
---|
1070 | 1070 | | 4 |
---|
1071 | 1071 | | SECTION 45. Arkansas Code § 20 -23-406 is amended to read as follows: 5 |
---|
1072 | 1072 | | 20-23-406. Restricted lifetime license – Certificate of competency and 6 |
---|
1073 | 1073 | | commission. 7 |
---|
1074 | 1074 | | (a)(1)(A) Upon reaching sixty-five (65) years of age or any time 8 |
---|
1075 | 1075 | | thereafter, any person who has been a boiler inspector for no fewer than 9 |
---|
1076 | 1076 | | twelve (12) years may apply for a restricted lifetime boiler inspector's 10 |
---|
1077 | 1077 | | certificate of competency and commission. 11 |
---|
1078 | 1078 | | (B) The certificate of competency and commission shall be 12 |
---|
1079 | 1079 | | issued upon satisfactory proof of age and upon payment of a fee prescribed by 13 |
---|
1080 | 1080 | | the division Boiler Inspection Section . 14 |
---|
1081 | 1081 | | (2)(A) Upon reaching sixty-five (65) years of age or any time 15 |
---|
1082 | 1082 | | thereafter, any person who has been a boiler operator for no fewer than 16 |
---|
1083 | 1083 | | twelve (12) years may apply for a restricted lifetime boiler operator's 17 |
---|
1084 | 1084 | | license. 18 |
---|
1085 | 1085 | | (B) The license shall be issued upon satisfactory proof of 19 |
---|
1086 | 1086 | | age and upon payment of a fee prescribed by the division Boiler Inspection 20 |
---|
1087 | 1087 | | Section. 21 |
---|
1088 | 1088 | | (3)(A) Upon reaching sixty-five (65) years of age or any time 22 |
---|
1089 | 1089 | | thereafter, any person who has been engaged in the sale or installation of 23 |
---|
1090 | 1090 | | boilers, unfired pressure vessels, hot water storage containers, or pressure 24 |
---|
1091 | 1091 | | piping for no fewer than twelve (12) years may apply for a restricted 25 |
---|
1092 | 1092 | | lifetime license. 26 |
---|
1093 | 1093 | | (B) The license shall be issued upon satisfactory proof of 27 |
---|
1094 | 1094 | | age and upon payment of a fee prescribed by the division Boiler Inspection 28 |
---|
1095 | 1095 | | Section. 29 |
---|
1096 | 1096 | | (4)(A) Upon reaching sixty-five (65) years of age or any time 30 |
---|
1097 | 1097 | | thereafter, any person who has been engaged in the repair of boilers or 31 |
---|
1098 | 1098 | | unfired pressure vessels for no fewer than twelve (12) years may apply for a 32 |
---|
1099 | 1099 | | restricted lifetime license. 33 |
---|
1100 | 1100 | | (B) The license shall be issued upon satisfactory proof of 34 |
---|
1101 | 1101 | | age and upon payment of a fee prescribed by the division Boiler Inspection 35 |
---|
1102 | 1102 | | Section. 36 SB627 |
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1103 | 1103 | | |
---|
1104 | 1104 | | 30 04/03/2025 6:08:32 PM LGL199 |
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1105 | 1105 | | (b) The division Boiler Inspection Section shall promulgate rules 1 |
---|
1106 | 1106 | | necessary to carry out the provisions of this section. 2 |
---|
1107 | 1107 | | 3 |
---|
1108 | 1108 | | SECTION 46. Arkansas Code § 20 -23-407 is amended to read as follows: 4 |
---|
1109 | 1109 | | 20-23-407. Owner or user inspection programs. 5 |
---|
1110 | 1110 | | (a) Any owner or user of a steam boiler or pressure vessel subject to 6 |
---|
1111 | 1111 | | this chapter may perform any inspections required by this chapter on such 7 |
---|
1112 | 1112 | | vessels owned or operated by the owner or user if the owner or user meets the 8 |
---|
1113 | 1113 | | requirements prescribed by rule of the Director of the Division of Labor 9 |
---|
1114 | 1114 | | Secretary of the Department of Labor and Licensing or his or her designee . 10 |
---|
1115 | 1115 | | (b) The director secretary or his or her designee shall set out 11 |
---|
1116 | 1116 | | requirements for the certification of owner or user inspectors and 12 |
---|
1117 | 1117 | | certification of owner or user inspection programs by rule and shall have 13 |
---|
1118 | 1118 | | full authority to promulgate and enforce those rules. 14 |
---|
1119 | 1119 | | (c)(1)(A) After notice and opportunity for hearing, any owner or user 15 |
---|
1120 | 1120 | | who is found to have violated rules prescribed by the director secretary or 16 |
---|
1121 | 1121 | | his or her designee pursuant to this subchapter shall be assessed a civil 17 |
---|
1122 | 1122 | | monetary penalty of not less than one hundred dollars ($100) or more than 18 |
---|
1123 | 1123 | | five thousand dollars ($5,000). 19 |
---|
1124 | 1124 | | (B) Each day that a violation continues shall be 20 |
---|
1125 | 1125 | | considered a separate violation. 21 |
---|
1126 | 1126 | | (2) The director secretary or his or her designee may bring a 22 |
---|
1127 | 1127 | | civil action in a court of competent jurisdiction to recover the amount of 23 |
---|
1128 | 1128 | | any civil monetary penalties. 24 |
---|
1129 | 1129 | | (d) In addition to civil monetary penalties, any owner or user who is 25 |
---|
1130 | 1130 | | found to be in violation of this section shall be guilty of a Class A 26 |
---|
1131 | 1131 | | misdemeanor. 27 |
---|
1132 | 1132 | | 28 |
---|
1133 | 1133 | | SECTION 47. Arkansas Code § 20 -24-106(a), concerning the powers and 29 |
---|
1134 | 1134 | | duties of the Elevator Safety Board, is amended to read as follows: 30 |
---|
1135 | 1135 | | (a) It shall be the duty of the Elevator Safety Board to license 31 |
---|
1136 | 1136 | | elevator inspectors, elevator mechanics, elevator testing contractors, and 32 |
---|
1137 | 1137 | | elevator contractors as provided in this chapter and to revoke or suspend any 33 |
---|
1138 | 1138 | | such license for cause. 34 |
---|
1139 | 1139 | | 35 |
---|
1140 | 1140 | | SECTION 48. The introductory language of Arkansas Code § 20 -24-36 SB627 |
---|
1141 | 1141 | | |
---|
1142 | 1142 | | 31 04/03/2025 6:08:32 PM LGL199 |
---|
1143 | 1143 | | 108(c)(2), concerning application requirements, is amended to read as 1 |
---|
1144 | 1144 | | follows: 2 |
---|
1145 | 1145 | | (2) To be eligible for an elevator contractor license or 3 |
---|
1146 | 1146 | | elevator testing contractor license , the applicant or licensee shall: 4 |
---|
1147 | 1147 | | 5 |
---|
1148 | 1148 | | SECTION 49. Arkansas Code § 20 -24-109 is amended to read as follows: 6 |
---|
1149 | 1149 | | 20-24-109. Application and examination for licenses – Issuance and 7 |
---|
1150 | 1150 | | renewal. 8 |
---|
1151 | 1151 | | (a)(1) A written application for the examination and license for 9 |
---|
1152 | 1152 | | elevator inspector, elevator mechanic, elevator testing contractor, or 10 |
---|
1153 | 1153 | | elevator contractor shall be made upon a form to be supplied by the Elevator 11 |
---|
1154 | 1154 | | Safety Board upon request and shall be accompanied by a statement of the 12 |
---|
1155 | 1155 | | applicant's experience together with an examination fee not to exceed one 13 |
---|
1156 | 1156 | | hundred fifty dollars ($150). 14 |
---|
1157 | 1157 | | (2) The examination shall be given not more than six (6) months 15 |
---|
1158 | 1158 | | from the date when the applicant makes the application. 16 |
---|
1159 | 1159 | | (3)(A) If the applicant is qualified and successfully passes the 17 |
---|
1160 | 1160 | | applicable examination specified in this section, then upon payment of a 18 |
---|
1161 | 1161 | | license fee, he or she shall be entitled to : a one-year license as an 19 |
---|
1162 | 1162 | | elevator inspector, elevator mechanic, elevator testing contractor, or 20 |
---|
1163 | 1163 | | elevator contractor. 21 |
---|
1164 | 1164 | | (i) A one-year license as an elevator inspector or 22 |
---|
1165 | 1165 | | elevator contractor; or 23 |
---|
1166 | 1166 | | (ii) A two-year license as an elevator mechanic. 24 |
---|
1167 | 1167 | | (B) The license fee and the license renewal fee shall be 25 |
---|
1168 | 1168 | | established by the board, but in no event shall either fee exceed one 26 |
---|
1169 | 1169 | | thousand dollars ($1,000). 27 |
---|
1170 | 1170 | | (4)(A) There shall be no limit to the number of times an 28 |
---|
1171 | 1171 | | applicant may seek a license as provided in this section, except that a 29 |
---|
1172 | 1172 | | rejected applicant may not make application within six (6) months from the 30 |
---|
1173 | 1173 | | date on which he or she is notified that he or she has failed to qualify. 31 |
---|
1174 | 1174 | | (B) A license fee shall be paid for the initial 32 |
---|
1175 | 1175 | | examination and each subsequent examination. 33 |
---|
1176 | 1176 | | (b) The board may license a person as an elevator inspector, elevator 34 |
---|
1177 | 1177 | | mechanic, elevator testing contractor, or elevator contractor without 35 |
---|
1178 | 1178 | | examination if he or she holds an equivalent license for a state or city that 36 SB627 |
---|
1179 | 1179 | | |
---|
1180 | 1180 | | 32 04/03/2025 6:08:32 PM LGL199 |
---|
1181 | 1181 | | has a standard of examination substantially equal to that provided for in § 1 |
---|
1182 | 1182 | | 20-24-108. 2 |
---|
1183 | 1183 | | (c) The board shall renew a license after receiving: 3 |
---|
1184 | 1184 | | (1) Payment of the license renewal fee; and 4 |
---|
1185 | 1185 | | (2) Submission of proof that the licensee has satisfied the 5 |
---|
1186 | 1186 | | continuing education requirements established by rule of the board. 6 |
---|
1187 | 1187 | | (d)(1) Whenever an emergency exists and the board determines that 7 |
---|
1188 | 1188 | | there are not enough licensed elevator mechanics to perform the work 8 |
---|
1189 | 1189 | | necessary to provide for the safety of life, limb, and property and to 9 |
---|
1190 | 1190 | | protect the public welfare, the board may waive the requirements of this 10 |
---|
1191 | 1191 | | chapter and issue an emergency elevator mechanic license that may be valid 11 |
---|
1192 | 1192 | | for no longer than thirty (30) days. 12 |
---|
1193 | 1193 | | (2) Whenever the board determines that there are not enough 13 |
---|
1194 | 1194 | | licensed elevator mechanics available to perform work necessary for the 14 |
---|
1195 | 1195 | | completion of a project for which the Division of Occupational and 15 |
---|
1196 | 1196 | | Professional Licensing Boards and Commissions Department of Labor and 16 |
---|
1197 | 1197 | | Licensing has issued a permit under § 20-24-115(d), the board may waive the 17 |
---|
1198 | 1198 | | requirements of this chapter and issue a temporary elevator mechanic license 18 |
---|
1199 | 1199 | | that may be valid for no longer than thirty (30) days. 19 |
---|
1200 | 1200 | | (3) The board may renew an emergency or temporary license if the 20 |
---|
1201 | 1201 | | circumstances justifying its original issuance continue. 21 |
---|
1202 | 1202 | | 22 |
---|
1203 | 1203 | | SECTION 50. Arkansas Code § 20 -24-110(c), concerning prohibited 23 |
---|
1204 | 1204 | | activities of elevator inspectors, is amended to read as follows: 24 |
---|
1205 | 1205 | | (c) No elevator inspector shall recommend or refer one (1) of his or 25 |
---|
1206 | 1206 | | her clients or customers to a specific business, firm, or corporation which 26 |
---|
1207 | 1207 | | manufactures, installs, repairs, alters, tests, or services elevators, 27 |
---|
1208 | 1208 | | escalators, or dumbwaiters. 28 |
---|
1209 | 1209 | | 29 |
---|
1210 | 1210 | | SECTION 51. DO NOT CODIFY. HVACR Class C license transfer. 30 |
---|
1211 | 1211 | | As of September 1, 2025, all active and current Class C license holders 31 |
---|
1212 | 1212 | | will be Class B license holders and may perform all HVACR work previously 32 |
---|
1213 | 1213 | | permitted with a Class C license and that of a Class B license. 33 |
---|
1214 | 1214 | | 34 |
---|
1215 | 1215 | | 35 |
---|
1216 | 1216 | | 36 |
---|