Chapter 4.5. Electrician Certification of California Labor Code >> Division 1. >> Chapter 4.5.
(a) The Division of Labor Standards Enforcement shall do all
of the following:
(1) Maintain minimum standards for the competency and training of
electricians through a system of testing and certification.
(2) Maintain an advisory committee and panels as necessary to
carry out the functions under this section. There shall be contractor
representation from both joint apprenticeship programs and
unilateral nonunion programs in the electrical contracting industry.
(3) Establish and collect fees necessary to implement this
section.
(4) Carry out the responsibilities of the Division of
Apprenticeship Standards that are specified in Subchapter 4
(commencing with Section 290) of Chapter 2 of Division 1 of Title 8
of the California Code of Regulations. The Labor Commissioner may
amend or repeal existing regulations or adopt new regulations as
necessary to enforce this section. Pending amendments to conform to
this section, any reference within the Subchapter 4 regulations to
the Chief of the Division of Apprenticeship Standards is deemed a
reference to the Labor Commissioner, and references to prior
statutory sections are deemed to refer to current statutory language
as follows:
(A) References to former Section 3099 refer to current Section
108.
(B) References to former Section 3099.2 refer to current Section
108.2.
(C) References to former Section 3099.3 refer to current Section
108.3.
(D) References to former Section 3099.4 refer to current Section
108.4.
(E) References to former Section 3099.5 refer to current Section
108.5.
(5) Issue certification cards to electricians who have been
certified pursuant to this section. Notwithstanding Section 13340 of
the Government Code, fees collected pursuant to paragraph (3) are
continuously appropriated in an amount sufficient to pay the costs of
issuing certification cards, and that amount may be expended for
that purpose by the division.
(6) Maintain an electrical certification curriculum committee
comprised of representatives of the State Department of Education,
the California Community Colleges, and the division. The electrical
certification curriculum committee shall do all of the following:
(A) Establish written educational curriculum standards for
enrollees in training programs established pursuant to Section 108.4.
(B) If an educational provider's curriculum meets the written
educational curriculum standards established in accordance with
subparagraph (A), designate that curriculum as an approved curriculum
of classroom instruction.
(C) At the committee's discretion, review the approved curriculum
of classroom instruction of any designated educational provider. The
committee may withdraw its approval of the curriculum if the
educational provider does not continue to meet the established
written educational curriculum standards.
(D) Require each designated educational provider to submit an
annual notice to the committee stating whether the educational
provider is continuing to offer the approved curriculum of classroom
instruction and whether any material changes have been made to the
curriculum since its approval.
(b) There shall be no discrimination for or against any person
based on membership or nonmembership in a union.
(c) As used in this section, "electricians" includes all persons
who engage in the connection of electrical devices for electrical
contractors licensed pursuant to Section 7058 of the Business and
Professions Code, specifically, contractors classified as electrical
contractors in the Contractors' State License Board Rules and
Regulations. This section does not apply to electrical connections
under 100 volt-amperes. This section does not apply to persons
performing work to which Section 7042.5 of the Business and
Professions Code is applicable, or to electrical work ordinarily and
customarily performed by stationary engineers. This section does not
apply to electrical work in connection with the installation,
operation, or maintenance of temporary or portable electrical
equipment performed by technicians in the theatrical, motion picture
production, television, hotel, exhibition, or trade show industries.
(a) Persons who perform work as electricians shall become
certified pursuant to Section 108. Uncertified persons shall not
perform electrical work for which certification is required.
(b) (1) Certification is required only for those persons who
perform work as electricians for contractors licensed as class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations.
(2) Certification is not required for persons performing work for
contractors licensed as class C-7 low voltage systems or class C-45
electric sign contractors as long as the work performed is within the
scope of the class C-7 or class C-45 license, including incidental
and supplemental work as defined in Section 7059 of the Business and
Professions Code, and regardless of whether the same contractor is
also licensed as a class C-10 contractor.
(3) Certification is not required for work performed by a worker
on a high-voltage electrical transmission or distribution system
owned by a local publicly owned electric utility, as defined in
Section 224.3 of the Public Utilities Code; an electrical
corporation, as defined in Section 218 of the Public Utilities Code;
a person, as defined in Section 205 of the Public Utilities Code; or
a corporation, as defined in Section 204 of the Public Utilities
Code; when the worker is employed by the utility or a licensed
contractor principally engaged in installing or maintaining
transmission or distribution systems.
(4) Individuals desiring to be certified shall submit an
application for certification and examination that includes an
employment history report from the Social Security Administration.
The individual may redact his or her social security number from the
employment history report before it is submitted.
(c) The division shall maintain separate certifications for
general electrician, fire/life safety technician, residential
electrician, voice data video technician, and nonresidential lighting
technician.
(d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under Chapter 4 of Division 3
(commencing with Section 3070), a federal Office of Apprenticeship
program, or a state apprenticeship program authorized by the federal
Office of Apprenticeship. An apprentice who is within one year of
completion of his or her term of apprenticeship shall be permitted to
take the certification examination and, upon passing the
examination, shall be certified immediately upon completion of the
term of apprenticeship.
(e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 108.4.
(f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 108.
(g) Notwithstanding subdivision (a), the qualifying person for a
class C-10 electrical contractor license issued by the Contractors'
State License Board need not also be certified pursuant to Section
108 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 108.4.
(h) The following shall constitute additional grounds for
disciplinary proceedings, including suspension or revocation of the
license of a class C-10 electrical contractor pursuant to Article 7
(commencing with Section 7090) of Chapter 9 of Division 3 of the
Business and Professions Code:
(1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.
(2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 108.4.
(3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
(i) The Labor Commissioner shall maintain a process for referring
cases to the Contractors' State License Board when it has been
determined that a violation of this section has likely occurred. The
Labor Commissioner shall have a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
(j) Upon receipt of a referral by the Labor Commissioner alleging
a violation under this section, the Registrar of Contractors shall
open an investigation. Any disciplinary action against the licensee
shall be initiated within 60 days of the receipt of the referral. The
Registrar of Contractors may initiate disciplinary action against
any licensee upon his or her own investigation, the filing of any
complaint, or any finding that results from a referral from the Labor
Commissioner alleging a violation under this section. Failure of the
employer or employee to provide evidence of certification or trainee
status shall create a rebuttable presumption of violation of this
provision.
(k) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 108.
The Division of Labor Standards Enforcement shall do all of
the following:
(a) Make information about electrician certification available in
non-English languages spoken by a substantial number of construction
workers, as defined in Section 7296.2 of the Government Code.
(b) Provide for the administration of certification tests in
Spanish and, to the extent practicable, other non-English languages
spoken by a substantial number of applicants, as defined in Section
7296.2 of the Government Code, except insofar as the ability to
understand warning signs, instructions, and certain other information
in English is necessary for safety reasons.
(c) Ensure, in conjunction with the California Apprenticeship
Council, that all electrician apprenticeship programs approved under
Chapter 4 (commencing with Section 3070) of Division 3 that impose
minimum formal education requirements as a condition of entry provide
for reasonable alternative means of satisfying those requirements.
(d) Ensure, in conjunction with the California Apprenticeship
Council, that all electrician apprenticeship programs approved under
Chapter 4 (commencing with Section 3070) of Division 3 have adopted
reasonable procedures for granting credit toward a term of
apprenticeship for other vocational training and on-the-job training
experience.
(a) An uncertified person may perform electrical work for
which certification is required under Section 108 in order to acquire
the necessary on-the-job experience for certification, if all of the
following requirements are met:
(1) The person is registered with the Labor Commissioner. A list
of current registrants shall be maintained by the division and made
available to the public upon request.
(2) The person either has completed or is enrolled in an approved
curriculum of classroom instruction.
(3) The employer attests that the person shall be under the direct
supervision of an electrician certified pursuant to Section 108 who
is responsible for supervising no more than one uncertified person.
An employer who is found by the division to have failed to provide
adequate supervision may be barred by the division from employing
uncertified individuals pursuant to this section in the future.
(b) For purposes of this section, "an approved curriculum of
classroom instruction" means a curriculum of classroom instruction
approved by the electrician certification curriculum committee
established pursuant to paragraph (6) of subdivision (a) of Section
108 and provided under the jurisdiction of the State Department of
Education, the Board of Governors of the California Community
Colleges, or the Bureau for Private Postsecondary and Vocational
Education.
(c) The curriculum committee may grant approval to an educational
provider that presently offers only a partial curriculum if the
educational provider intends in the future to offer, or to cooperate
with other educational providers to offer, a complete curriculum for
the type of certification involved. The curriculum committee may
require an educational provider receiving approval for a partial
curriculum to periodically renew its approval with the curriculum
committee until a complete curriculum is offered and approved. A
partial curriculum means a combination of classes that does not
include all classroom educational components of the complete
curriculum for one of the categories of certification established in
accordance with subdivision (c) of Section 108.2.
(d) An educational provider that receives approval for a partial
curriculum must disclose in all communications to students and to the
public that the educational provider has only received approval for
a partial curriculum and shall not make any representations that the
provider offers a complete approved curriculum of classroom
instruction as established by subparagraph (A) of paragraph (6) of
subdivision (a) of Section 108.
(e) For purposes of this section, a person is enrolled in an
approved curriculum of classroom instruction if the person is
attending classes on a full-time or part-time basis toward the
completion of an approved curriculum.
(f) Registration under this section shall be renewed annually and
the registrant shall provide to the division certification of the
classwork completed and on-the-job experience acquired since the
prior registration.
(g) For purposes of verifying the information provided by a person
registered with the division, an educational provider of an approved
curriculum of classroom instruction shall, upon the division's
request, provide the division with information regarding the
enrollment status and instruction completed by a person registered.
By registering with the division in accordance with this section, a
person consents to the release of this information.
(h) The division shall establish registration fees necessary to
implement this section, not to exceed twenty-five dollars ($25) for
the initial registration. There shall be no fee for annual renewal of
registration. Notwithstanding Section 13340 of the Government Code,
fees collected are continuously appropriated in an amount sufficient
to administer this section and that amount may be expended by the
division for this purpose.
(i) The division shall issue regulations to implement this
section.
(j) For purposes of Section 1773, persons employed pursuant to
this section do not constitute a separate craft, classification, or
type of worker.
(k) Notwithstanding any other provision of law, an uncertified
person who has completed an approved curriculum of classroom
instruction and is currently registered with the division may take
the certification examination. The person shall be certified upon
passing the examination and satisfactorily completing the requisite
number of on-the-job hours required for certification. A person who
passes the examination prior to completing the requisite hours of
on-the-job experience shall continue to comply with subdivision (f).
(a) The Electrician Certification Fund is established as a
special account in the State Treasury. Proceeds of the fund may be
expended by the department, upon appropriation by the Legislature,
for the costs of the Division of Labor Standards Enforcement program
to validate and certify electricians as provided by Section 108, and
shall not be used for any other purpose.
(b) The fund shall consist of the fees collected pursuant to
Section 108.