| 1 | 1 | | SENATE BILL NO. 72 A bill to amend 2016 PA 407, entitled "Skilled trades regulation act," by amending sections 701, 711, 715, and 717 (MCL 339.5701, 339.5711, 339.5715, and 339.5717), section 701 as amended by 2018 PA 151. the people of the state of michigan enact: Sec. 701. As used in this article: (a) "Apprentice electrician" means an individual other than an electrical contractor, master electrician, or electrical journeyman, who is engaged in learning about and assisting in the installation or alteration of electrical wiring and equipment under the direct, personal on-site, in-person supervision of an electrical journeyman or master electrician. (b) "Board" means the electrical administrative board described in section 705. (c) "Electrical contractor" means a person that is engaged in the business of erecting, installing, altering, repairing, servicing, or maintaining electrical wiring. (d) "Electrical journeyman" means an individual other than an electrical contractor who, as his or her the electrical journeyman's principal occupation, is engaged in the practical installation or alteration of electrical wiring. An electrical contractor or master electrician may also be an electrical journeyman. (e) "Electric sign" means fixed, stationary, or portable self-contained, electrically illuminated equipment that has words or symbols designed to convey information or attract attention. Electric sign includes outline lighting. Electric sign does not include those signs that are indoor or outdoor portable applications or recognized holiday residential signs listed with a recognized testing and approval agency and that use a cord cap-110 volt plug as the electrical energizing attachment method. (f) "Electrical wiring" means all wiring, generating equipment, fixtures, appliances, devices, and appurtenances in connection with the generation, distribution, and utilization of electrical energy, in or on a building, residence, structure, or properties, regardless of whether or not the electrical wiring is energized at the time of installation. The term Electrical wiring includes service entrance wiring as defined in the Michigan electrical code. (g) "Fire alarm contractor" means a person that is engaged in the business of erecting, installing, altering, repairing, servicing, or maintaining wiring, devices, appliances, or equipment of a fire alarm system. (h) "Fire alarm specialty apprentice technician" means an individual other than a fire alarm contractor or a fire alarm specialty technician who is engaged in learning about and assisting in the installation or alteration of fire alarm system wiring and equipment under the direct, personal on-site, in-person supervision of a fire alarm specialty technician. (i) "Fire alarm specialty licensure" means licensure as a fire alarm contractor or a fire alarm specialty or apprentice technician. (j) "Fire alarm specialty technician" means an individual other than a fire alarm contractor who, as his or her the fire alarm specialty technician's principal occupation, is engaged in the design and practical installation or alteration of fire alarm systems. An individual who is a fire alarm contractor may also be a fire alarm specialty technician. (k) "Fire alarm system" means a system that is designed to detect and annunciate the presence of fire, or by-products of fire, installed in a building or structure. Fire alarm system does not include a single station smoke detector. Sec. 711. (1) The department shall issue an electrical contractor's license to a person that meets the requirements described in article 2 and either of the following: (a) Is an individual who holds a master electrician's license. (b) Has at least 1 full-time employee who is a master electrician, resides in this state, and is actively in charge of and responsible for Michigan electrical code compliance of all installations of electrical wiring and equipment. (2) If an electrical contractor's license is issued to a person that meets the requirements of subsection (1)(b), the electrical contractor and the master electrician employed by the electrical contractor are jointly and severally responsible for the supervision or control of all electrical wiring operations necessary to secure compliance with this article, the rules promulgated under this article, and all other laws and rules related to the installation of electrical wiring and equipment. (3) If the master electrician described under subsection (1)(b) ceases to be employed by the electrical contractor, not more than 30 days after the end of the master electrician's employment, the electrical contractor must employ another master electrician to be actively in charge of and responsible for Michigan electrical code compliance of all installations of electrical wiring and equipment. The electrical contractor shall notify the department in writing of the change in master electricians. Sec. 715. (1) The department shall issue an electrical journeyman's license to any individual who is at least not less than 20 years old, meets the requirements described in article 2, and meets either of the following: (a) Has at least not less than 8,000 hours of experience obtained over a period of at least not less than 4 years related to electrical construction or maintenance of buildings or electrical wiring or equipment under the direct supervision of an individual who is licensed under this article.as an apprentice electrician registered under section 717. (b) While on active duty in the armed forces, served as an interior electrician or in an equivalent job classification; was honorably discharged from that military service in the 1-year period preceding the date the license application is filed; and has, and provides with his or her the applicant's application, an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states that he or she the applicant has , at least not less than 8,000 hours of entry-level experience in and basic knowledge of each of the following: (i) General knowledge of the electrical trade, including terminology and the ability to make practical calculations. (ii) The determination of system and circuit grounding and design and use requirements for grounding, including choosing proper size grounding conductors. (iii) Knowledge of circuit classifications and ratings and design and use requirements for circuits, including branch circuit loads. (iv) The determination of ampacity, type of insulation, usage requirements, methods of installation, protection, support, and termination. (v) Knowledge regarding the installation of motors and control circuits. (vi) The calculation of electrical loads and determination of proper size, rating, and type of service and feeder conductors. (vii) Knowledge regarding fuses, circuit breakers, and all types of protective devices for conductors and equipment. (viii) Knowledge of all types of raceways and their uses, including determining proper size, conductor fill, support, and methods of installation. (ix) Knowledge of circuits and equipment characterized by usage and electrical power limitations, including differentiating them from electric light and power circuits. (x) Knowledge of all types and applications of lighting fixtures, ratings, requirements for occupancies, special provisions, and clearances. (2) If an applicant who otherwise meets the requirements of subsection (1)(b) has not attained 8,000 hours of entry-level experience or does not have basic knowledge in each of the areas described in subsection (1)(b)(i) to (x), he or she the applicant may provide with his or her the applicant's application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states the amount of experience the applicant has attained and of which of the areas described in subsection (1)(b)(i) to (x) the applicant has basic knowledge, and the department may in its the department's discretion grant the applicant credit toward the 8,000-hour experience requirement of subsection (1)(a) based on the applicant's experience. (3) If an applicant fails to pass the electrical journeyman examination 2 times within a period of 2 years, the applicant is ineligible to sit for another examination until a period of at least not less than 1 year after the date of failure of the second examination. After that 1-year period, he or she the applicant is again eligible to sit for an electrical journeyman's license if he or she the applicant presents to the board proof of the successful completion of a course on Michigan electrical code, electrical fundamentals, or electrical theory approved by the board. (4) As a condition of renewal of an electrical journeyman's license, the electrical journeyman must demonstrate the successful completion of a course, approved by the board, concerning any update or change in the state construction code within 12 months after the update or change in that code. This requirement applies only during or after those years that the state construction code is updated or changed. Sec. 717. (1) An individual who is employed as an apprentice electrician shall register with the board on a form provided by the board within not later than 30 days after employment. (2) The department shall issue a certificate of registration to an individual who is seeking registration under this section if it the department receives satisfactory proof of the individual's participation in an apprenticeship training program that is approved by the board under subsection (4). (3) The ratio of electrical journeymen or master electricians to registered apprentice electricians shall be is on the basis of 1 electrical journeyman or master electrician to no not more than 3 1 registered apprentice electricians. electrician. The department or an enforcing agency shall enforce the ratio on a jobsite basis. (4) For the purposes of this section, the board shall approve any bona fide apprenticeship training program that complies with subsection (3) and, excluding any requirements related to jobsite ratios that are inconsistent with subsection (3), is equivalent to or exceeds the requirements of those imposed by the Office of Apprenticeship in the United States Department of Labor. (5) If an electrical contractor violates subsection (3), the electrical contractor is subject to sanctions under subsection (6). If an individual who holds a master electrician's license as described in section 711(1)(b) violates subsection (3), both the individual who holds a master electrician's license as described in section 711(1)(b) and the electrical contractor that employs the individual are subject to sanctions under subsection (6). (6) A person that violates subsection (3) is subject to the following punishments: (a) For a first violation, a $5,000.00 administrative fine. (b) For a second violation, a $10,000.00 administrative fine. (c) For a third violation, a suspension, for not less than 90 days, of the electrical contractor's master electrician's license, if applicable, or the master electrician's license of the individual who holds a master electrician's license as described in section 711(1)(b). After 90 days, the license may be reinstated if the applicable individual passes the master electrician examination described in section 713. (7) The department shall pay any money collected under this section for an administrative fine to the enforcing agency that discovered the violation that resulted in the administrative fine. (8) If the department issues an order for a violation of this section, the department is entitled to actual costs and attorney fees related to the investigation and adjudication of the violation. |
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| 27 | 27 | | SENATE BILL NO. 72 |
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| 28 | 28 | | |
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| 29 | 29 | | |
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| 30 | 30 | | |
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| 31 | 31 | | A bill to amend 2016 PA 407, entitled |
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| 32 | 32 | | |
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| 33 | 33 | | "Skilled trades regulation act," |
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| 34 | 34 | | |
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| 35 | 35 | | by amending sections 701, 711, 715, and 717 (MCL 339.5701, 339.5711, 339.5715, and 339.5717), section 701 as amended by 2018 PA 151. |
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| 36 | 36 | | |
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| 37 | 37 | | the people of the state of michigan enact: |
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| 38 | 38 | | |
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| 39 | 39 | | Sec. 701. As used in this article: |
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| 40 | 40 | | |
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| 41 | 41 | | (a) "Apprentice electrician" means an individual other than an electrical contractor, master electrician, or electrical journeyman, who is engaged in learning about and assisting in the installation or alteration of electrical wiring and equipment under the direct, personal on-site, in-person supervision of an electrical journeyman or master electrician. |
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| 42 | 42 | | |
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| 43 | 43 | | (b) "Board" means the electrical administrative board described in section 705. |
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| 44 | 44 | | |
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| 45 | 45 | | (c) "Electrical contractor" means a person that is engaged in the business of erecting, installing, altering, repairing, servicing, or maintaining electrical wiring. |
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| 46 | 46 | | |
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| 47 | 47 | | (d) "Electrical journeyman" means an individual other than an electrical contractor who, as his or her the electrical journeyman's principal occupation, is engaged in the practical installation or alteration of electrical wiring. An electrical contractor or master electrician may also be an electrical journeyman. |
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| 48 | 48 | | |
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| 49 | 49 | | (e) "Electric sign" means fixed, stationary, or portable self-contained, electrically illuminated equipment that has words or symbols designed to convey information or attract attention. Electric sign includes outline lighting. Electric sign does not include those signs that are indoor or outdoor portable applications or recognized holiday residential signs listed with a recognized testing and approval agency and that use a cord cap-110 volt plug as the electrical energizing attachment method. |
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| 50 | 50 | | |
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| 51 | 51 | | (f) "Electrical wiring" means all wiring, generating equipment, fixtures, appliances, devices, and appurtenances in connection with the generation, distribution, and utilization of electrical energy, in or on a building, residence, structure, or properties, regardless of whether or not the electrical wiring is energized at the time of installation. The term Electrical wiring includes service entrance wiring as defined in the Michigan electrical code. |
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| 52 | 52 | | |
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| 53 | 53 | | (g) "Fire alarm contractor" means a person that is engaged in the business of erecting, installing, altering, repairing, servicing, or maintaining wiring, devices, appliances, or equipment of a fire alarm system. |
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| 54 | 54 | | |
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| 55 | 55 | | (h) "Fire alarm specialty apprentice technician" means an individual other than a fire alarm contractor or a fire alarm specialty technician who is engaged in learning about and assisting in the installation or alteration of fire alarm system wiring and equipment under the direct, personal on-site, in-person supervision of a fire alarm specialty technician. |
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| 56 | 56 | | |
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| 57 | 57 | | (i) "Fire alarm specialty licensure" means licensure as a fire alarm contractor or a fire alarm specialty or apprentice technician. |
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| 58 | 58 | | |
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| 59 | 59 | | (j) "Fire alarm specialty technician" means an individual other than a fire alarm contractor who, as his or her the fire alarm specialty technician's principal occupation, is engaged in the design and practical installation or alteration of fire alarm systems. An individual who is a fire alarm contractor may also be a fire alarm specialty technician. |
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| 60 | 60 | | |
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| 61 | 61 | | (k) "Fire alarm system" means a system that is designed to detect and annunciate the presence of fire, or by-products of fire, installed in a building or structure. Fire alarm system does not include a single station smoke detector. |
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| 62 | 62 | | |
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| 63 | 63 | | Sec. 711. (1) The department shall issue an electrical contractor's license to a person that meets the requirements described in article 2 and either of the following: |
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| 64 | 64 | | |
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| 65 | 65 | | (a) Is an individual who holds a master electrician's license. |
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| 66 | 66 | | |
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| 67 | 67 | | (b) Has at least 1 full-time employee who is a master electrician, resides in this state, and is actively in charge of and responsible for Michigan electrical code compliance of all installations of electrical wiring and equipment. |
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| 68 | 68 | | |
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| 69 | 69 | | (2) If an electrical contractor's license is issued to a person that meets the requirements of subsection (1)(b), the electrical contractor and the master electrician employed by the electrical contractor are jointly and severally responsible for the supervision or control of all electrical wiring operations necessary to secure compliance with this article, the rules promulgated under this article, and all other laws and rules related to the installation of electrical wiring and equipment. |
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| 70 | 70 | | |
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| 71 | 71 | | (3) If the master electrician described under subsection (1)(b) ceases to be employed by the electrical contractor, not more than 30 days after the end of the master electrician's employment, the electrical contractor must employ another master electrician to be actively in charge of and responsible for Michigan electrical code compliance of all installations of electrical wiring and equipment. The electrical contractor shall notify the department in writing of the change in master electricians. |
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| 72 | 72 | | |
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| 73 | 73 | | Sec. 715. (1) The department shall issue an electrical journeyman's license to any individual who is at least not less than 20 years old, meets the requirements described in article 2, and meets either of the following: |
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| 74 | 74 | | |
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| 75 | 75 | | (a) Has at least not less than 8,000 hours of experience obtained over a period of at least not less than 4 years related to electrical construction or maintenance of buildings or electrical wiring or equipment under the direct supervision of an individual who is licensed under this article.as an apprentice electrician registered under section 717. |
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| 76 | 76 | | |
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| 77 | 77 | | (b) While on active duty in the armed forces, served as an interior electrician or in an equivalent job classification; was honorably discharged from that military service in the 1-year period preceding the date the license application is filed; and has, and provides with his or her the applicant's application, an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states that he or she the applicant has , at least not less than 8,000 hours of entry-level experience in and basic knowledge of each of the following: |
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| 78 | 78 | | |
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| 79 | 79 | | (i) General knowledge of the electrical trade, including terminology and the ability to make practical calculations. |
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| 80 | 80 | | |
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| 81 | 81 | | (ii) The determination of system and circuit grounding and design and use requirements for grounding, including choosing proper size grounding conductors. |
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| 82 | 82 | | |
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| 83 | 83 | | (iii) Knowledge of circuit classifications and ratings and design and use requirements for circuits, including branch circuit loads. |
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| 84 | 84 | | |
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| 85 | 85 | | (iv) The determination of ampacity, type of insulation, usage requirements, methods of installation, protection, support, and termination. |
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| 86 | 86 | | |
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| 87 | 87 | | (v) Knowledge regarding the installation of motors and control circuits. |
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| 88 | 88 | | |
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| 89 | 89 | | (vi) The calculation of electrical loads and determination of proper size, rating, and type of service and feeder conductors. |
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| 90 | 90 | | |
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| 91 | 91 | | (vii) Knowledge regarding fuses, circuit breakers, and all types of protective devices for conductors and equipment. |
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| 92 | 92 | | |
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| 93 | 93 | | (viii) Knowledge of all types of raceways and their uses, including determining proper size, conductor fill, support, and methods of installation. |
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| 94 | 94 | | |
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| 95 | 95 | | (ix) Knowledge of circuits and equipment characterized by usage and electrical power limitations, including differentiating them from electric light and power circuits. |
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| 96 | 96 | | |
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| 97 | 97 | | (x) Knowledge of all types and applications of lighting fixtures, ratings, requirements for occupancies, special provisions, and clearances. |
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| 98 | 98 | | |
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| 99 | 99 | | (2) If an applicant who otherwise meets the requirements of subsection (1)(b) has not attained 8,000 hours of entry-level experience or does not have basic knowledge in each of the areas described in subsection (1)(b)(i) to (x), he or she the applicant may provide with his or her the applicant's application an affidavit signed by a commanding officer, supervisor, or military superior with direct knowledge of the applicant's service that states the amount of experience the applicant has attained and of which of the areas described in subsection (1)(b)(i) to (x) the applicant has basic knowledge, and the department may in its the department's discretion grant the applicant credit toward the 8,000-hour experience requirement of subsection (1)(a) based on the applicant's experience. |
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| 100 | 100 | | |
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| 101 | 101 | | (3) If an applicant fails to pass the electrical journeyman examination 2 times within a period of 2 years, the applicant is ineligible to sit for another examination until a period of at least not less than 1 year after the date of failure of the second examination. After that 1-year period, he or she the applicant is again eligible to sit for an electrical journeyman's license if he or she the applicant presents to the board proof of the successful completion of a course on Michigan electrical code, electrical fundamentals, or electrical theory approved by the board. |
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| 102 | 102 | | |
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| 103 | 103 | | (4) As a condition of renewal of an electrical journeyman's license, the electrical journeyman must demonstrate the successful completion of a course, approved by the board, concerning any update or change in the state construction code within 12 months after the update or change in that code. This requirement applies only during or after those years that the state construction code is updated or changed. |
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| 104 | 104 | | |
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| 105 | 105 | | Sec. 717. (1) An individual who is employed as an apprentice electrician shall register with the board on a form provided by the board within not later than 30 days after employment. |
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| 106 | 106 | | |
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| 107 | 107 | | (2) The department shall issue a certificate of registration to an individual who is seeking registration under this section if it the department receives satisfactory proof of the individual's participation in an apprenticeship training program that is approved by the board under subsection (4). |
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| 108 | 108 | | |
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| 109 | 109 | | (3) The ratio of electrical journeymen or master electricians to registered apprentice electricians shall be is on the basis of 1 electrical journeyman or master electrician to no not more than 3 1 registered apprentice electricians. electrician. The department or an enforcing agency shall enforce the ratio on a jobsite basis. |
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| 110 | 110 | | |
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| 111 | 111 | | (4) For the purposes of this section, the board shall approve any bona fide apprenticeship training program that complies with subsection (3) and, excluding any requirements related to jobsite ratios that are inconsistent with subsection (3), is equivalent to or exceeds the requirements of those imposed by the Office of Apprenticeship in the United States Department of Labor. |
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| 112 | 112 | | |
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| 113 | 113 | | (5) If an electrical contractor violates subsection (3), the electrical contractor is subject to sanctions under subsection (6). If an individual who holds a master electrician's license as described in section 711(1)(b) violates subsection (3), both the individual who holds a master electrician's license as described in section 711(1)(b) and the electrical contractor that employs the individual are subject to sanctions under subsection (6). |
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| 114 | 114 | | |
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| 115 | 115 | | (6) A person that violates subsection (3) is subject to the following punishments: |
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| 116 | 116 | | |
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| 117 | 117 | | (a) For a first violation, a $5,000.00 administrative fine. |
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| 118 | 118 | | |
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| 119 | 119 | | (b) For a second violation, a $10,000.00 administrative fine. |
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| 120 | 120 | | |
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| 121 | 121 | | (c) For a third violation, a suspension, for not less than 90 days, of the electrical contractor's master electrician's license, if applicable, or the master electrician's license of the individual who holds a master electrician's license as described in section 711(1)(b). After 90 days, the license may be reinstated if the applicable individual passes the master electrician examination described in section 713. |
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| 122 | 122 | | |
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| 123 | 123 | | (7) The department shall pay any money collected under this section for an administrative fine to the enforcing agency that discovered the violation that resulted in the administrative fine. |
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| 124 | 124 | | |
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| 125 | 125 | | (8) If the department issues an order for a violation of this section, the department is entitled to actual costs and attorney fees related to the investigation and adjudication of the violation. |
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