Current through August, 2024
Section 1. Purpose of the Rules.
The purpose of these rules is to protect the people of the
State of Vermont from the risk of fire or electrocution from unsafe electrical
installation, by the adoption and enforcement of nationally recognized safety
codes and by the licensure, education and training, of people doing electrical
installation work. The State of Vermont's law regarding electricians and
electrical installations (Chapter 15 of Title 26, Vermont Statutes Annotated)
is referenced in Annex I. Further information about these rules and their
application may be obtained from the:
Division of Fire Safety
45 State Drive
Waterbury, VT 05676-1597 Telephone: 802-479-7561
Website: www.firesafety.vermont.gov
Section 2. Adoption of the Rules.
(a) These rules are adopted by the
Commissioner of Public Safety and the Electricians' Licensing Board pursuant to
26 V.S.A. Chapter 15, to license people doing electrical work and to adopt and
enforce nationally recognized safety codes.
(b) Existing electrical installations that do
not comply with the provisions of these rules shall be permitted to be
continued in use unless the authority having jurisdiction determines that the
lack of conformity with these rules presents an imminent danger. Where changes
are required for correction of hazards, a reasonable amount of time shall be
given for compliance, depending on the degree of the hazards.
(c) These rules do not apply to:
(1) The construction, installation,
operation, repair or maintenance of electrical installations which are used by
a public utility in rendering its authorized service, including communications,
metering, generation, control, transformation, transmission or distribution of
electric energy; nor to the installation, operation, repair and wiring
associated with telecommunication services and equipment used for the
transmission of information by electricity regardless of the location of such
electrical installations, equipment or facilities.
(2) Electrical installations in ships,
aircraft, pipeline systems, railway rolling stock, automotive equipment, or
portable sound equipment.
(3) The
manufacture, testing or repair of electrical equipment in the plant of the
manufacturer of the equipment.
(4)
The construction repairs or maintenance of buildings used exclusively for
agricultural purposes on owner occupied farms.
(5) Manufactured or mobile homes owned by the
occupant and located on leased land or in a mobile home park. The rules do
apply to the electrical service and feeder for such units.
(6) A single-family owner occupied
dwelling.
Section
3. Electrical Licensing.
With limited exceptions, anyone performing electrical work in
the State of Vermont, other than in a residential building containing two or
fewer dwelling units or electrical work regulated under the National Electrical
Code, article 800, Communications Circuits, is required to be licensed as an
electrician. The exceptions to the licensing requirement are contained in 26
V.S.A. § 910, which is reference in Annex I.
An elevator or lift mechanic licensed in accordance with 21
V.S.A. § 145 is permitted to install, alter or maintain electrical wiring
required for an elevator or lift beginning after the main electrical disconnect
for the elevator or lift. The main disconnect for the elevator or lift and
building wiring and devices associated with an elevator or lift, such as
electrical lights, receptacles and fire alarm devices are required to be
installed by an electrician licensed under this section.
To become licensed to do electrical work in the State of
Vermont an applicant must meet the requirements established by the following
sections:
Section 3.1
Master Electrician.
(a) To be eligible for
licensure as a master electrician, an applicant shall:
(1) have been licensed as, and working as, a
journeyman electrician under this chapter for at least two years; or
(2) have had comparable experience and
training, within or without this state, acceptable to the board; and
(3) pass an examination to the satisfaction
of the board.
(b) Upon
successful completion of the examination and payment of the required fee, the
applicant shall receive a master electrician's license in the form of a
wallet-size card. This license shall be carried by the master electrician at
all times while performing his or her trade and shall be displayed upon
request. Upon the request by the licensee and upon payment of the required fee,
the board shall issue a license certificate suitable for framing.
(c) A person licensed under this chapter as a
master electrician is entitled to design, install, repair, maintain and replace
electrical installations including work in the specialty fields designated in
Section 3.3 of these rules, as his or her principal business or in the course
of another business conducted by him or her, and may employ other persons
licensed under this chapter or electrician's helpers to perform work in
connection with electrical installations under his or her direction.
In the case of an apprentice or helper, "under his or her
direction" means either that the master is physically present on the work site
and is immediately available to direct and supervise that apprentice or helper,
or that a journeyman under the master's direction is immediately available to
direct and supervise that apprentice or helper.
Section 3.2 Journeyman Electrician.
(a) To be eligible for licensure as a
journeyman electrician an applicant shall:
(1)
provide verification by the Vermont apprenticeship council of completion of an
apprenticeship in electrical wiring which included both instruction and
practice in work processes; or
(2)
have had equivalent training acceptable to the board; and
(3) pass an examination to the satisfaction
of the board.
(b) The
board may approve an applicant who has completed the instruction portion of the
apprenticeship program to take the examination prior to completion of the
practice in work experience. Where an applicant has successfully completed the
examination, but not the practice in work experience, a license shall not be
issued until the practice in work experience portion of the apprenticeship
program has been completed.
(c)
Upon successful completion of the examination and payment of the required fee,
the applicant shall receive a journeyman electrician's license in the form of a
wallet-size card. This license shall be carried by the journeyman at all times
while performing his or her trade and shall be displayed upon request. Upon
request by the licensee and payment of the required fee, the board shall issue
a license certificate suitable for framing.
(d) A person licensed under this chapter as a
journeyman electrician is entitled to perform electrical installations under
the direction of a master electrician or a type-s journeyman in connection with
that specialty field, and may supervise an apprentice electrician or an
electrician's helper employed by a master electrician under the master
electrician's direction. In the case of an apprentice or helper, "supervise"
means that the journeyman is physically present on the work site and is
immediately available to direct and supervise that apprentice or
helper.
Section 3.3
Type-S Journeyman Electrician.
(a) To be
eligible for licensure as a Type-S Journeyman an applicant shall:
(1) Complete an accredited training and
experience program recognized by the board; or
(2) Have had training and experience, within
or without this state, acceptable to the Board; and
(3) Pass an examination to the satisfaction
of the board in one or more of the following fields:
(A1) Automatic gas or oil heating, including
geo-thermal;
(B2) Outdoor
advertising;
(C3) Refrigeration or
air conditioning;
(D4) Appliance
and motor repairs;
(E5) Well
pumps;
(F6) Farm
Equipment;
(G7) Any miscellaneous
specified area of specialized competence. This class includes:
(G7)c Commercial fire alarm systems
(G7)g Gas pump installation, including
electrical work involving a canopy over gas pumps, and bulk plant
work
(G7)k Electrical lock
installation including delayed egress and access control
(G7)l Lightning rod installation
(G7)s Solar Installation
(b) Upon successful
completion of the examination and payment of the required fee for each field in
which a license is to be issued, the applicant shall receive a license in the
form of a wallet-size card which shall be carried at all times while performing
his or her trade and shall be displayed upon request. Upon request of the
licensee and upon payment of the required fee, the board shall issue a license
certificate suitable for framing.
(c) A person licensed under this Chapter as a
Type-S Journeyman Electrician is entitled to design, install, repair, maintain
and replace electrical installations as an employee or an independent
contractor only in connection with the specialty field designated on the
person's license, and may only install branch circuits from the existing
electrical service. A Type-S Journeyman Electrician may employ other persons
licensed under this chapter and may supervise an apprentice or an electrician's
helper. In the case of an apprentice or helper, "supervise" means that the
Type-S journeyman is physically present on the work site and is immediately
available to direct and supervise that apprentice or helper.
(d) No person, other than a licensed master
electrician, shall engage in the business of installing lightning rods, fire
alarms or fire detection equipment or systems for another unless that person
holds an appropriate type-s journeyman electricians' license, issued by the
Board under this section.
Section
3.4 Application; Examinations and Fees.
(a) Each applicant for a license shall submit
to the board, on forms furnished by it, a written application containing such
relevant information as the board may require, accompanied by the required
examination fee. The examination fee shall be established by the board but
shall be no greater than the cost associated with administering the
examination. The examination fee may be paid directly to a testing agency under
contract to provide examinations for the board.
(b) Examinations shall be conducted in
writing and shall include a practical skills examination. The examination shall
cover theoretical and practical aspects of electrical work, together with
pertinent laws and rules. In addition, the master electrician's examination
shall contain questions on all specialty fields designated for type-s
journeyman electricians.
(c) The
board, in determining the qualifications of an applicant for a license, may in
its discretion give recognition, in the case of an application for a master's
license, to the applicant's experience as a licensed journeyman in another
state, or in the case of an application for a journeyman's license, to an
apprenticeship served in another state, or may otherwise give recognition to
experience or prior qualifications.
(d) The approval to an applicant for a
license to take the required examination is valid for three years from the date
of the approval by the board.
(e)
An applicant who fails the examination may, upon payment of the required fee to
the testing agency, retake the examination. The board shall require that an
applicant obtain a minimum of 8 hours of education on the National Electrical
Code or National Fire Alarm Code before retaking the examination where the
applicant has failed the examination on three attempts.
(f) A person to whom a master electrician's
license or a journeyman electrician's license has been previously issued by
another state, whose standards are equivalent to those of this state, if under
the laws or regulations of the state issuing the license a similar privilege is
granted to electricians licensed under the laws of this state, shall be issued
a reciprocal license without examination on payment of the required fee.
Electrical license fees are established by the Vermont
Legislature. Refer to § 905 located at site below for fees;
http://legislature.vermont.gov/statutes/chapter/
26/015
Section 3.5 Renewal of License.
(a) All licenses expire on the last day of a
month designated by the board. A license shall be valid for three years. A
notice of renewal and application for renewal is sent to each licensee prior to
the expiration of the license. The signed application for renewal, the
certification of continuing education and the appropriate fee must be returned
prior to the date that the license expires. The board shall renew the license
of a person holding a valid license issued under this chapter on receipt of an
application for renewal, certification of continuing education, child support
certification, tax certification and the required fee, on or before the
expiration date of his license.
(b)
All journeyman and master electricians shall, as a condition of license
renewal, complete 15 hours of instruction, approved by the board, on the
national electrical code during the preceding 36-month period. All holders of a
type-S journeyman license shall, as a condition of renewal, complete eight
hours of instruction, approved by the board, on the subject of the license
holder's specialty during the preceding 36 months. A person who is licensed in
more than two fields of specialized competence shall not be required to
complete more than a total of 15 hours of instruction.
(c) If a license is allowed to lapse it may
be renewed within one year of its expiration date by the payment of $ 25.00 in
addition to the renewal fee. A licensed electrician whose license has lapsed
shall not accomplish any unsupervised electrical installation work covered by
these rules until the license has been renewed.
(d) If a license is not renewed within one
year of its expiration date the inactive licensee shall make application for a
new license and shall follow the appropriate licensing procedure. The Board may
waive the requirement for reexamination where there is an undue hardship or
other unusual circumstance.
Section
3.6 Revocation, Suspension and Refusal of Renewal of License.
(a) The board, after notice to the licensee
and opportunity for hearing, may revoke or suspend a license issued under this
chapter, or refuse to renew the license of a person who has made application
for renewal:
(1) If the license was wrongfully
or fraudulently obtained;
(2) If
the licensee has violated or failed to comply with any provision of 26 V.S.A.
Chapter 15 or any provision of these rules;
(3) If the licensee is found by the board to
be unqualified to hold the license.
(b) The board, after notice and opportunity
for hearing, may take alternative actions against a license holder which is
less severe than revocation, suspension or refusal to renew a license,
including but not limited to formal reprimand, additional required education,
conditions on electrical installation, etc. The Board may act:
(1) If the license was wrongfully or
fraudulently obtained;
(2) If the
licensee has violated or failed to comply with any provision of 26 V.S.A.
Chapter 15 or any provision of these rules;
(3) If the licensee is found by the board to
be unqualified to hold the license.
(c) The Board will proceed with initiating a
complaint against a licensee, investigation of the complaint, action and
hearings as described in Section 9.
(d) A person may file a complaint with the
Board by doing so in writing, setting forth a full statement of the facts
concerning the alleged infraction of the electrician's licensing law or rules.
In the event a complaint is filed with the Board, the Board's investigation
shall not be limited to the matter set forth in the request for investigation
but may extend to any act coming to the attention of the board which appears to
violate the law or these rules.
Section 4. Duties of the Licensee.
(a) Any person who has obtained an electrical
license under these rules shall:
(1) Not
install, repair or maintain electrical conductors and equipment in a manner
which is likely to be unsafe to people and property.
(2) Observe these rules regarding all
electrical installation, repair or maintenance work, and supervision of
unlicensed employees.
(3) Not begin
electrical work until a work notice for the work has been validated.
(4) Notify the division of fire safety of a
change of address.
(b)
Any licensed electrician who has filed a work notice shall;
(1) Keep records which outline who has
accomplished the work covered under the work notice.
(2) Provide at least 5 working days notice to
the electrical inspector for any required inspection.
(3) Provide access for the electrical
inspector to all electrical work and records subject to inspection.
Section 5. Adoption of
Nationally Recognized Safety Standards.
(a)
The Electricians' Licensing Board, for the purpose of making rules regarding
the safeguarding of persons and property from hazards arising from the use of
electricity adopts the following standards per the specific edition.
NFPA 70, National Electrical Code, (2020 edition) To meet the
needs of Vermont, NFPA 70 is amended as follows:
-delete & replace- 210.8(A)(10) Laundry areas and rooms:
GFCI protection shall be required for receptacles installed within 6 feet (1.8
m) of a washing machine or sink.
-delete & replace- 210.8 (A) Dwelling Units. All readily
accessible 125-volt through 250-volt receptacles installed in the locations
specified in 210.8(A) (1) through (A) (11) and supplied by single-phase branch
circuits rated 150 volts or less to ground shall have ground-fault circuit
interrupter protection for personnel
-delete & replace- 210.8(B) Other than Dwelling Units.
All readily accessible 125-volt through 250-volt receptacles supplied by
single-phase branch circuits rated 150 volts or less to ground. 50 amperes or
less, and all receptacles supplied by three-phase branch circuits rated 150
volts or less to ground, 100 ampere or less, installed in the locations
specified in 210.8(B)(1) through (B)(12) shall have ground fault circuit
interrupter protection for personnel.
-add- 210.8(F) Outdoor Outlets: All readily accessible
outdoor outlets for dwellings, other than those covered in 210.8(A)(3)
exception (3) that are supplied by single phase branch circuits rated for 150
volts to ground or less, 50 amperes or less, shall have ground fault circuit
interrupter protection installed for safety of personnel. Per NFPA TIA 20-13
"This requirement shall become effective on January 1, 2023 for mini-split-type
heating/ventilating/air conditioning (HVAC) equipment and other HVAC units
employing power conversion equipment as a means to control compressor
speed"
-add- 210.12(D)(2): add number to first exception, now
Exception No. 1, Branch Circuit Extensions or Modifications -- Dwelling Units
and Dormitory Units.
-add- 210.12(D)(2) Exception No. 2: AFCI protection shall not
be required where the extension of the existing conductors is used solely to
hardwire single station smoke and or CO alarms in an existing dwelling or
dormitory unit.
-delete and replace as follows - article 230.70(A)(1) (1)
Location. The service disconnecting means shall be installed at a readily
accessible location either outside of a building or structure, or inside a
building or structure nearest the point of entrance of the service conductors,
not to exceed 10 feet of conductor length from the point of entrance.
-add- article 334.10(3) Exception: The 15-minute finish
rating shall not be required in buildings or portions of buildings that are not
required to be of fire resistance construction.
- delete article 334.12(A)(2)
-add- 422.31 (D) Emergency switch for oil and gas fired
heating appliances. For oil and gas fired heating appliances an emergency
disconnect switch, so labeled, shall be located outside of the entrance to the
mechanical room or just inside the entrance of the basement.
-add- article 518.3 (D) (D) Illumination of Means of Egress.
Lighting circuits and illumination of means of egress shall be provided in
accordance with Section 7.8 of the Life Safety Code (NFPA 101) as adopted under
the Vermont Fire & Building Safety Code.
-delete- article 620.51(B) Disconnecting means: (elevator
shunt-trip not required)
NFPA 73, Residential Electrical Safety Code (2016 edition),
to meet the needs of Vermont NFPA 73 is amended as follows:
-delete and replace as follows - Section 5.1 Ground Fault
Circuit Interrupter: Ground Fault Circuit Interrupters shall be installed in
accordance with NFPA 70 Section 210.8(A) and operate properly.
NFPA 780, Lightning Protection Code (2014 edition)
(b) If there are conflicting
sections between an adopted code and a referenced code or standard, the adopted
code shall apply. If there are conflicting sections between a general
requirement and a specific requirement, the specific requirement shall
apply.
Section 6.
Reference Documents.
(a) The following
documents, while not part of the electrical safety rules, have been adopted by
the State of Vermont as part of the Vermont Fire & Building Safety Code.
Electricians should be aware of these documents and consult them as needed.
NFPA 1 - Fire Prevention Code, as adopted under the Vermont
Fire & Building Safety Code.
NFPA 20 - Standard for the Installation of Centrifugal Fire
Pumps, as adopted under the Vermont Fire & Building Safety Code.
NFPA 30 - Flammable and Combustible Liquids Code, as adopted
under the Vermont Fire & Building Safety Code.
NFPA 30A - Automotive and Marine Service Station Code, as
adopted under the Vermont Fire & Building Safety Code.
NFPA 32 - Standard for Dry Cleaning Plants, as adopted under
the Vermont Fire & Building Safety Code.
NFPA 33 - Standard for Spray Application Using Flammable or
Combustible Materials, as adopted under the Vermont Fire & Building Safety
Code.
NFPA 34 - Standard for Dipping and Coating Process Using
Flammable or Combustible Liquids, as adopted under the Vermont Fire &
Building Safety Code.
NFPA 45 - Standard on Fire Protection of Laboratories Using
Chemicals, as adopted under the Vermont Fire & Building Safety Code.
NFPA 50A - Standard for Gaseous Hydrogen Systems at consumer
sites as adopted under the Vermont Fire & Building Safety Code.
NFPA 50B - Standard for Liquefied Hydrogen Systems at
consumer sites as adopted under the Vermont Fire & Building Safety
Code.
NFPA 54 - National Fuel Gas Code, as adopted under the
Vermont Fire & Building Safety Code.
NFPA 58 - Standard for the Storage and Handling of Liquefied
Petroleum Gases, as adopted under the Vermont Fire & Building Safety
Code.
NFPA 59 - Standard for the Storage and Handling of Liquefied
Petroleum Gases at Utility Gas Plants as adopted under the Vermont Fire &
Building Safety Code.
NFPA 72 - National Fire Alarm Code, as adopted under the
Vermont Fire & Building Safety Code.
NFPA 73 - Electrical Inspections for Existing Dwellings, 2016
edition.
NFPA 90A - Air Conditioning and Ventilating System as adopted
under the Vermont Fire & Building Safety Code.
NFPA 96 - Standard for Ventilation Control and Fire
Protection of Commercial Cooking Operations, as adopted under the Vermont Fire
& Building Safety Code.
NFPA 99 - Standard for Health Care Facilities, as adopted
under the Vermont Fire & Building Safety Code.
NFPA 101 - Life Safety Code as adopted under the Vermont Fire
& Building Safety Code.
NFPA 110 - Standard for Emergency and Standby Power Systems,
as adopted under the Vermont Fire & Building Safety Code.
NFPA 232 - Standard for the Protection of Records, as adopted
under the Vermont Fire & Building Safety Code.
NFPA 720 - Standard for the Installation of Carbon Monoxide
(CO) Warning Equipment in Dwelling Units, as adopted under the Vermont Fire
& Building Safety Code.
(b) If there are differences between the
requirements adopted under Section 5 and the requirements in this section, the
requirements in Section 5 shall apply.
Section 7. Work Notice, Fees, Inspection,
Energizing, Installations, Certificate of Completion.
Section 7.1 Work Notice.
(a) Electrical work in a complex structure
shall not commence until a work notice accompanied by the required fee is
submitted to the department by a Master or Type-S Journeyman Electrician and
the work notice is validated by the department. Where electrical work is
proposed in a complex structure used for residential purposes, containing no
more than two dwelling units, the work notice may be submitted by any person.
Demolition work of energized electrical wiring or equipment is considered
electrical work and requires a work notice. The validated work notice is the
electrical permit for the electrical work to be done.
(b) The electrical inspector may accept an
annual electrical work notice where electrical installation work is ongoing at
an existing building. An electrical work notice filed under this section shall
include the name and location of the building, the licensed electrician
responsible for the work and payment of the base fee. The acceptance of an
annual electrical work notice does not modify the requirements for licensure or
direct supervision as established under these rules.
(c) Installation or replacement of equipment
such as lamps and electric utilization equipment approved for connection to
suitable permanently installed receptacles, replacement of fuses, and other
minor maintenance and repair work, such as replacing worn cords and tightening
connections on a wiring device, do not require a work notice.
(d) Electrical work regulated under the
National electrical Code, Article 800, Communications Circuits, does not
require a work notice.
(e) A
validated work notice shall expire if the work authorized under the validated
work notice is not commenced, or is suspended or abandoned, for a time period
of 12 months.
(f) The fee for a
work notice, other than the base fee, may be refunded upon written request,
when the electrical work is abandoned or discontinued, prorated on the
electrical work, services, reviews and inspections conducted prior to such
abandonment or discontinued electrical work.
Electrical Work Notice may be down loaded at
www.firesafety.vermont.gov
Section 7.2 Work Notice
Fees.
Electrical work notice fees are established by the Vermont
Legislature. Refer to § 893 located at site below for fees;
http://legislature.vermont.gov/statutes/chapter/
26/015 All fees are required to be paid to the
Commissioner or designated representative prior to the validation of a work
notice.
Section 7.3
Inspection.
(a) An electrical installation in
any part of a complex structure shall not be covered unless it is inspected by
an electrical inspector. The provisions of this subsection may be specifically
waived by an electrical inspector in writing. Upon completion of a new
electrical installation, the applicant shall request a final inspection by an
electrical inspector. Within five working days of receipt of the application,
the commissioner, or inspector, shall conduct an inspection, establish a
reasonable date for inspection or issue a waiver of inspection.
(b) The electrical inspector may also waive
the presence of the licensee who filed the work notice for rough and final
inspections.
(c) A certificate of
completion shall be issued if the electrical inspector determines after
inspection that the installation is in compliance with the standards and
requirements adopted by the board and that all required fees for the electrical
installation have been paid.
(d) No
part of a complex structure, in which part a new electrical installation has
been made, shall be sold or conveyed for use or occupancy without first
securing a certificate of completion for the new electrical
installation.
(e) Violation of
these rules shall be prima facie evidence of negligence in any civil action for
damage or injury, which is the result of the violation.
Section 7.4 Energizing Installations.
(a) A new electrical installation in or on a
complex structure or an electrical installation used for the testing or
construction of a complex structure shall not be connected or caused to be
connected, to a source of electrical energy unless prior to such connection,
either a temporary or a permanent energizing permit is issued for that
installation by the electrical inspector.
(b) This section shall not be construed to
limit or interfere with a contractor's right to receive payment for electrical
work for which a certificate of completion has been granted.
Section 8. Powers of Enforcement.
The Commissioner of Public Safety or Designated
Representative may:
(a) Refuse to
validate a work notice if the license holder has other on-going electrical work
for which a work notice has not been filed, or if the Department is owed fees
or penalties.
(b) Assess an
administrative penalty of not more than $ 1,000 for each violation of these
rules. The "Rules for Administrative Citations and Penalties" adopted by the
Vermont Department of Public Safety, Division of Fire Safety establishes the
procedure for issuing administrative citations, assessing penalties and
appealing citations pursuant to 26 V.S.A. § 897 and are included in Annex
I.
(c) Assign the responsibility
for inspection and enforcement of all or part of these rules to municipalities
as established in 26 V.S.A. 898 and included in Annex I.
(d) Assign the responsibility for inspections
and enforcement of all or part of these rules to a private corporation,
partnership or sole proprietorship for electrical work on their own premises as
established in 26 V.S.A. 899 and included in Annex I.
Section 9. Licensing Disciplinary
Procedure.
Section 9.1 Initiating a
Complaint against a License.
(l) Form of
complaint (Filing): A person may register a complaint against an electrician
licensed by the electricians' licensing board by filing a written complaint
with the Department of Public Safety, Division of Fire Safety, 1311 U.S. Route
302, Suite 600 Barre, VT 05641-2351. The written complaint must set forth, at a
minimum, the nature, date and place of the alleged violations. The board may
also initiate a license review procedure on its own motion by filing a
complaint with the department.
(2)
Verification: Upon receipt of a complaint, the department will verify the
Vermont license number of the person against whom the complaint is lodged. If
the person is unlicensed and the complaint alleges criminal conduct, the
department will refer the complaint to the office of the attorney general. If
the person is a licensee of the board, the department will docket the complaint
and open an investigation file under the name and license number of the
person.
(3) Investigating Panel: An
investigating panel consisting of an investigator designated by the department
and assistant attorney general will be formed upon the docketing of a
complaint. The Assistant Attorney General assigned to the case will head the
panel and supervise the investigation of the complaint.
Section 9.2 Initiating the
Investigation.
(1) Notice to the Assistant
Attorney General and to the investigator: Upon docketing the complaint, the
department will send a copy of all materials contained in the newly opened
file, including a copy of the complaint, to the Assistant Attorney General and
to the investigator.
(2) Notice to
the Licensee: The department will send written notice of the initiation of an
investigation to the licensee against whom the complaint has been filed. The
notice shall include a copy of the complaint and a copy of the statute and
these rules. The notice will inform the licensee that inquiries or materials
regarding the investigation should be addressed to the investigating panel at
the address of the department.
(3)
Notice to the Board: The department will send written notice to the board
indicating that an investigation has been instituted regarding a licensing
complaint.
(4) The inspector
assigned to investigate the complaint shall inspect the work which is the
subject of the complaint and interview the complainant. The inspector may also
meet and interview the licensee at the direction of the Assistant Attorney
General assigned to the matter.
Section 9.3 Recommended Action.
(1) At the conclusion of the investigation
the Assistant Attorney General assigned to the matter shall make a
recommendation as to whether formal proceedings should commence against the
licensee.
(2) If formal
disciplinary proceedings are recommended, the Assistant Attorney General shall
submit a complaint describing the alleged violations, and the rules or statutes
violated, with the recommendation.
(3) If the licensee is willing to admit to
the charges the Assistant Attorney General may develop a stipulated settlement
for approval of the Board.
(4) If
no disciplinary action is recommended the case will be closed and the
complainant and the licensee will be notified that no further action will be
taken at this time. The matter may be reopened if new evidence is
presented.
Section 9.4
Formal Hearing by the Board.
(1) Notice and
Place of Hearing: Upon the filing of a notice of charges by the investigating
panel, the board will commence the hearing process by serving the notice of
charges and a notice of the hearing upon the licensee. Notice will be served
personally or by certified mail, return receipt requested. Copies will be sent
to the members of the investigating panel and the complainant. The hearing will
be scheduled at least 20 days after service.
(2) Failure to Appear: If the licensee fails
to appear after proper notice has been given, the board shall hold the hearing
and make a decision on the charges.
(3) A quorum of the board shall be a majority
of its members.
(4) Conduct of
Hearing; Receipt of Evidence; Argument: The board may admit any evidence it
deems of a type commonly relied upon by reasonably prudent persons in the
conduct of their affairs. All persons shall testify under oath or affirmation.
The licensee or his/her attorney may examine or cross-examine witnesses,
inspect documents, and explain or rebut any evidence presented to the board.
The assistant attorney general, investigator, and licensee may present oral and
written argument in addition to evidence, which also shall be made part of the
record.
Where a licensee is not represented by counsel the board
shall advise the licensee and aid in the examining and cross examining of
witnesses as effectively as possible compatible with the impartial discharge of
its duties as a body of impartial review.
(5) Authority of the Chair: The chair shall
administer oaths to witnesses, rule on questions of evidence and upon the
service of subpoenas and other notices, and do whatever is necessary and proper
to conduct the hearing in a judicious, fair and expeditious manner.
(6) Disqualification of a Board Member: A
member of the board shall voluntarily disqualify him or herself and withdraw
from any hearing in which the member cannot act in a fair and impartial manner,
or where the member has an interest in the proceedings. Any party to a hearing
may request disqualification of a board member by filing an affidavit stating
with particularity the grounds for disqualification. If the board member does
not disqualify him or herself in response to the motion, the chair of the board
shall decide the issue of disqualification. A hearing shall be held if
requested by the moving party or if deemed necessary by the chair. All
materials pertinent to a matter of disqualification shall be made part of the
record.
If a board member is disqualified, thereby negating the
quorum, the chair shall appoint a hearing officer to decide the matter in the
same manner as if the board were presiding.
(7) Judgment of the Board: The board will
issue a decision within a reasonable time following the conclusion of the
hearing. The decision must be in writing and be signed by the members of the
board. The decision shall set forth findings of fact, conclusions of fact and
law, and the judgment. If a decision of the board is not unanimous, the
decision of the majority will control. The minority may file a dissenting
opinion.
The Board promptly shall mail or deliver a copy of its
decision to the licensee, the investigating panel and, if appropriate, to the
complainant. An order attached to the judgment will go into effect after the
end of the 30-day appeal period, if no appeal is filed.
(8) Appeal from a Decision of the Board: A
licensee aggrieved by a judgment of the board may appeal that judgment to the
Supreme Court. The board may grant, or the court may order, a stay of the
board's order upon application of the licensee.
(9) Transcripts: A contested case hearing
shall be recorded but not transcribed unless a transcript is requested by an
interested person. Transcripts will be available for cost. The board will
provide an estimate of transcription cost before filling an order for
transcript.
Section 10.
Severability Clause and Effective Date.
(a) In
the event any part or provision of these rules is held to be illegal, this
shall not have the effect of making void or illegal any of the other parts or
provisions of these rules.
(b)
These rules shall take effect TBD and shall be known as The Vermont Electrical
Safety Rules. To achieve an orderly transition for compliance with these
rules:
(c) Electrical installation
work in the process of construction at the time of adoption of these rules, or
where a work notice has been validated and work is commenced within 30 days of
the adoption of these rules, may be completed in accordance with the 2014
Vermont Electrical Safety Rules.
Annex I Title 26: Chapter 15: Electricians and
Electrical Installations
Subchapter 1:
General Provisions
§ 881.
Definitions
§ 882.
Exceptions
Subchapter 2:
Regulation of Electrical Installations by Licensing Board
§ 891. Rules adopted by board
§ 892. Work in progress
§ 893. Commencement of work; fees; work
notice; inspection of work; certificate of completion
§ 894. Energizing
installations
§ 895. Issuance
of order by commissioner
§
896. Request for reconsideration; appeals
§ 897. Administrative penalties;
enforcement; liability
§ 898.
Municipal inspection
§ 899.
Private inspections
Subchapter
3: Licensing Electricians
§
901. Electricians' licensing board
§ 902. Master electricians
§ 903. Journeyman
electricians
§ 904. Type-S
journeyman electrician
§ 905.
Application; examinations and fees
§
906. Examinations not required
§ 907. Recognition of experience in or out of state
§ 908. Expiration and renewal of
licenses; continuing education
§
909. Revocation, suspension and refusing of renewal of
license
§ 910. License not
required
§ 911.
Penalty
§ 913. License fees and
licenses
§ 914. Members of
board; per diem and expenses
§
915. Employment of inspectors; appropriation For full text please
refer to;
http://legislature.vermont.gov/statutes/chapter/26/015Annex II Section 7.8 Illumination of Means of
Egress (NFPA 101; Life Safety Code, 2015 Edition)
7.8 Illumination of Means of Egress.
7.8.1 General.
7.8.1.1 * Illumination of means of egress
shall be provided in accordance with Section 7.8 for every building and
structure where required in Chapter 11 through Chapter 43. For the purposes of
this requirement, exit access shall include only designated stairs, aisles,
corridors, ramps, escalators, and passageways leading to an exit. For the
purposes of this requirement, exit discharge shall include only designated
stairs, aisles, corridors, ramps, escalators, walkways, and exit passageways
leading to a public way.
7.8.1.2
Illumination of means of egress shall be continuous during the time that the
conditions of occupancy require that the means of egress be available for use,
unless otherwise provided in 7.8.1.2.2.
7.8.1.2.1 Artificial lighting shall be
employed at such locations and for such periods of time as are necessary to
maintain the illumination to the minimum criteria values herein
specified.
7.8.1.2.2 * Unless
prohibited by Chapters 11 through 43, automatic lighting control devices shall
be permitted to temporarily turn off illumination within the means of egress,
provided that each lighting control device complies with all of the following:
(1) In new installations, the lighting
control device is listed.
(2) The
lighting control device is equipped to automatically energize the controlled
lights upon loss of normal power and is evaluated for this purpose.
(3) Illumination timers are provided and are
set for a minimum 15-minute duration.
(4) The lighting control device is activated
by any occupant movement in the area served by the lighting units.
(5) In new installations, the lighting
control device is activated by activation of the building fire alarm system, if
provided.
(6) The lighting control
device does not turn off any lights relied upon for activation of
photoluminescent exit signs or path markers.
(7) The lighting control devices does not
turn off any battery-equipped emergency luminaries, unit equipment, or exit
signs.
7.8.1.2.3 *
Energy-saving sensors, switches, timers, or controllers shall be approved and
shall not compromise the continuity of illumination of the egress required by
7.8.1.2.
7.8.1.2 The
floors and other walking surfaces within an exit and within the portions of the
exit access and exit discharge designated in 7.8.1.1 shall be illuminated as
follows:
(1) During conditions of stair use,
the minimum illumination for new stairs shall be at least 10 ft-candle (108
lux), measured at the walking surfaces..
(2) The minimum illumination for floors and
walking surfaces, other than new stairs during conditions of the stair use,
shall be to values of at least 1 ft-candle (10.8 lux) measured at the
floor.
(3) In assembly occupancies,
the illumination of the walking surfaces of exit access shall be at least 0.2
ft-candle (2.2 lux) during periods of performances or projections involving
directed light.
(4) * The minimum
illumination requirements shall not apply where operations or processes require
low lighting levels.
7.8.1.3 * Required illumination shall be
arranged so that the failure of any single lighting unit does not result in an
illumination level of less than 0.2 ft-candle (2.2 lux) in any designated
area.
7.8.1.4 The equipment or
units installed to meet the requirements of Section 7.10 also shall be
permitted to serve the function of illumination of means of egress, provided
that all requirements of Section 7.8 for such illumination are
met.
7.8.2 Sources of
Illumination.
7.8.2.1 Illumination of means of
egress shall be from a source considered reliable by the authority having
jurisdiction.
7.8.2.2
Battery-operated electric lights and other types of portable lamps or lanterns
shall not be used for primary illumination of means of egress. Battery-operated
electric lights shall be permitted to be used as an emergency source to the
extent permitted under Section 7.9.
Annex III How to Obtain Standards and Reference
Documents
American Society for Testing and Materials
100 Barr Harbor Drive
PO Box C700 West Conshohocken
PA 19428-2959
(610) 832-9500
www.astm.org/
National Fire Protection Association Fulfillment
Center
11 Tracy Drive
Avon, MA 02322-9910
(800) 344-3555
www.nfpa.org/
Underwriters Laboratories Inc.
333 Pfingsten Road
Northbrook IL 60062
(877-854-3577)
www.ul.com
IEEE Operations Center
445 Hoes Lane,
Piscataway, N.J.08854-4141
(732) 981-0060
Annex IV How to Contact the Division of Fire
Safety The Division of Fire Safety has four regional offices:
Barre:
1311 U.S. Route 302 Suite 500
Barre, VT 05641
Main Phone: (802) 479-4434
Toll Free: (888) 870-7888
Fax: (802) 479-4446
Rutland:
56 Howe St. Building A, Suite 200
Rutland, VT 05701
Main Phone: (802) 786-5867
Toll Free: (888) 370-4834
Fax: (802) 768-5872
Springfield:
100 Mineral St. Suite 307
Springfield, VT 05156
Main Phone: (802) 885-8883
Toll Free: (866) 404-8883
Fax: (802) 885-8885
Williston:
380 Hurricane Lane Suite 101
Williston, VT 05495
Main Phone: (802) 879-2300
Toll Free: (800) 366-8325
Fax: (802) 879-2312
The Division of Fire Safety Central Office is:
45 State Drive, Waterbury, VT 05676
Main Phone: (802) 479-4761 Toll Free: (800) 640-2106 Fax:
(802) 479-7562
www.firesafety.vermont.gov
STATUTORY AUTHORITY:
26 V.S.A. Ch. 15, § 891
