Administrative Rule Review Report  #AR11-016

Legislative Service Office

19-Apr-11

 

AGENCY:                                 Fire Prevention & Electrical Safety.

 

DATE SUBMITTED:                   April 8, 2011.

 

SUBJECT:                                 Chapter 1, General Provisions; Chapter 2, Definitions, Chapter 3, Adverse Action (Repeal); Chapter 4, Appeals (Repeal); Chapter 5, Electrical Licensing; Chapter 6, Electrical Permits and Inspections (Repeal); and Chapter 7, Hearing Procedures.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 35-9-124

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:   Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  The Senate and House chairmen of the sponsoring committee provided comments directly to the Board.  Those legislators suggested that the rules failed to adequately reflect the intention of the legislature because the rules maintained an inordinately high number of experience hours for the various low voltage licenses.  The board responded stating that the experience hours required for most low voltage license categories are substantially decreased from previous statutory amounts and they are necessary to protect public safety.

 

SUMMARY OF RULES:        In 2008, the Management Audit Committee recommended several changes to the structure of the Department of Fire Prevention and Electrical Safety, the Electrical Board and the Council on Fire Prevention and Electrical Safety to more clearly define the roles of each entity.  In 2010, legislation was passed that provided for this restructuring.  These rules (in conjunction with rules promulgated by the Department and Council) repeal several chapters and sections to accommodate the transfer of responsibilities, including issuance of licenses, establishment of fees and certain appeals procedures, to the Department.   The Department is currently adopting emergency rules to take the place of the fee structure and appeals processes repealed under these Board rules.

 

The rules revise the experience requirements for low voltage electrical licenses substantially.  Prior rules required 4,000 hours experience for a low voltage license.  These rules provide for varying levels of experience (from 80 hours to 4,000 hours) for various low voltage installations.  In addition, these rules create new categories of low voltage licenses depending on the installations being performed.  Classroom instruction is not required to meet the experience hours.   It is noted that a typographical error in Chapter 5, Section 4(c)(ii) states that the experience requirement for a low voltage alarm license is "3000 hours during a period of not less than two (18) months."  The intention of the board was to allow not less than eighteen months to obtain those hours of experience, but the two month language controls.  The board noted that it is not critical that the eighteen month period be met and they will correct this language in future iterations of the rules.

 

For agency consideration:  The following typographical errors are not substantive and should be corrected in the final rules filed with the Secretary of State:

 

1)  Throughout the rules numbers in excess of one thousand should be written numerically, with appropriate commas (i.e. 1,000).

 

2)  Chapter 5, Section 4(c)(iii) and Section 4(d)(ii) – the term "then" should be "than".

 

FINDINGS:  The rules appear to be within the scope of statutory authority.  While there is some question regarding legislative intent, there is an insufficient record of legislative history to declare that the rules fail to comply with legislative intent. 

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                            _______________________

                                                            Lynda Cook

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

LGC/