Chapter 14

§ 1401 Objectives. The primary objective of the Board of Electrical Examiners, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and, to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners. 64 Del. Laws, c. 476, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1402 Definitions. The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: (1) “Apprentice electrician” means a person who is licensed by the Board and whose principal occupation is the learning and assisting in the performance of electrical services. (2) “Board” means the State Board of Electrical Examiners established in this chapter. (3) “Cut-in-card” means the approval certificate sent to the power company by the inspection agency after an inspection has been completed, which authorizes the power company to turn on the electricity at the property. (4) “Division” means the State Division of Professional Regulation. (5) “Dwelling” means, for purposes of this chapter, any enclosure that affords habitable living space for a human being or human beings. (6) “Electrical inspection agency” means the agency responsible for the oversight and the issuing of certificates of inspection for all electrical work performed in this State. (7) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs that person’s ability to perform the work of an electrician. (8) “Full-time employee” means an individual, who is added to the company payroll and who has on file with the employer a W-4 form authorizing the employer to withhold taxes and who receives a wage or salary and who is under the supervision of a licensed electrician. (9) “Homeowner” means, for purposes of this chapter, an individual who both owns and lives in that person’s home or dwelling. (10) “Journeyperson electrician” means a person who is qualified and skilled to perform electrical work and who has met the requirements of § 1408 of this title to be licensed as a journeyperson electrician. (11) “License” means the certificate issued by the Board that is evidence that the holder has met the requirements of this chapter. (12) “Limited electrician” means a person licensed by the Board to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture, for the purpose of lighting, heating or power, in any structure which contains 4 or fewer dwelling units, as determined by the applicable building code. (13) “Limited electrician special” means a person licensed by the Board to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture, for any of the following purposes: swimming pools, air conditioning, heating and oil burners, in any structure which contains 4 or fewer dwelling units, as determined by the applicable building code. (14) “Master electrician” means a person, licensed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for the purpose of lighting, heating or power in any structure. (15) “Master electrician special” means a person, licensed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for any 1 of the following purposes: swimming pools, electric signs, air conditioning, heating, refrigeration and oil burners, and overhead and underground primary distribution systems. (16) “Person” means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities. (17) “Residential electrician” means a person who is qualified and skilled to perform residential electric work and who has met the requirements of § 1408 of this title to be licensed as a residential electrician and who is subject to the restrictions imposed by § 1422A of this title. (18) “School apprentice electrician” means an individual who is licensed by the Board and who is currently enrolled at a board-approved vocational school and who is engaged in learning and assisting the performance of electrical services. (19) “Service” means, for purposes of this chapter, to repair or replace in kind. (20) “State” means the State of Delaware. (21) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of an electrician. (22) “Supervision” means that a licensed electrician shall be fully responsible for all electrical work performed under that licensed electrician’s license. (23) “Unlicensed practitioner” means any person, who engages in the occupational practices as defined in paragraph (12), (13), (14) or (15) of this section, and who has not been granted a license or a homeowner’s permit by the Board. 24 Del. C. 1953, §  1401; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  2 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 74 Del. Laws, c. 262, §  24 ; 78 Del. Laws, c. 191, §§  1, 2 ; 81 Del. Laws, c. 290, § 1 ; 85 Del. Laws, c. 227, § 1 ; § 1403 Board of Electrical Examiners; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation. (a) There is created a State Board of Electrical Examiners, which shall administer and enforce this chapter. (b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this state: Five shall be electricians licensed under this chapter, 1 of whom may be a registered professional engineer with at least 6 years’ experience in electrical planning and design, and 4 public members. The public members shall not be, nor ever have been, licensed electricians, nor members of the immediate family of a licensed electrician; shall not have been employed by an electrician or electrical contractor; shall not have a material interest in the providing of goods and services to electricians; nor have been engaged in an activity directly related to the electrical business. The public members shall be accessible to inquiries, comments and suggestions from the general public. (c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. (d) A person, who has never served on the Board, may be appointed to the Board for 2 consecutive terms; but no such person shall thereafter be eligible for 2 consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served. (e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment. (f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. (g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of electricians; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC). (h) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board. (i) Any member, who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least 1 / 2 of all regular business meetings during any calendar year, shall be guilty of neglect of duty. (j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9. 24 Del. C. 1953, §§  1402, 1403, 1404; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §§  3, 4 ; 65 Del. Laws, c. 231, §  1 ; 67 Del. Laws, c. 366, §  3 ; 69 Del. Laws, c. 376, §  1 ; 70 Del Laws, c. 186,, §  1; 72 Del. Laws, c. 210, §  1 ; 81 Del. Laws, c. 85, § 6 ; § 1404 Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the president deems necessary, or, at the request of a majority of Board members. (b) The Board annually shall elect a president, vice-president, secretary, a complaint officer and an education officer. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. (c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least 5 members of the Board. (d) Minutes of all meetings shall be recorded and the Division shall maintain copies of the minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting the transcript shall incur the cost of preparing any transcript. 24 Del. C. 1953, §  1405; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  5 ; 65 Del. Laws, c. 231, §  2 ; 67 Del. Laws, c. 366, §  4 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1405 Records. The Division shall keep a register of all approved applications for license as a limited electrician, limited electrician special, master electrician and master electrician special, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board. 24 Del. C. 1953, §  1408; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  6 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1406 Powers and duties. (a) The Board of Electrical Examiners shall have authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter. (2) Designate the application form to be used by all applicants and process all applications; (3) Designate the written, standardized examination, approved by the Division, and administered and graded by the testing service, to be taken by all persons applying for licensure; except applicants who qualify for licensure by reciprocity; (4) Evaluate the credentials of all persons applying for a license as limited electrician, limited electrician special, master electrician, master electrician special, journeyperson electrician, apprentice electrician, and school apprentice electrician in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter. (5) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure; (6) Delegate authority to the Division to grant homeowners’ permits to persons who qualify for such permits; (7) Establish by rule and regulation continuing education standards required for license renewal; (8) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified or registered in another jurisdiction as an electrician, has engaged in any act or offense that would be grounds for disciplinary action under this chapter, and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses; (9) Refer all complaints from licensees and the public concerning licensed electricians, or concerning practices of the Board, or of the profession, to the Division for investigation pursuant to § 8735 of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint; (10) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (11) Grant a license to, and renew the license of, a nonpracticing licensee, as defined in the Board’s rules and regulations, provided the individual does not use the license to perform electrical installations or file inspections, and who in addition, submits proof of completion of biennial continuing education requirements. (12) Require, if necessary, that a licensed electrician take over the work done by an unlicensed practitioner, or if the work is completed, that the work be inspected by a Board-licensed inspection agency; such work shall be inspected by the inspection agency within 5 working days after receipt of the Board’s request. (13) Designate and impose the appropriate sanction or penalty, after time for appeal has lapsed, when the Board determined after a hearing, that penalties or sanctions should be imposed. (b) The Board shall require that all persons receiving a master electrician, master electrician special, limited electrician or limited electrician special license, display on the vehicles used in the performance of their work, the words “Licensed Electrician,” and the number assigned to them, in not less than 3-inch letters and numbers. (c) The Board of Electrical Examiners shall promulgate regulations specifically identifying those crimes which are substantially related to the work of an electrician. 24 Del. C. 1953, §  1406; 55 Del. Laws, c. 423, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 74 Del. Laws, c. 257, §  1 ; 74 Del. Laws, c. 262, §  25 ; 78 Del. Laws, c. 191, §§  3, 4 ; 85 Del. Laws, c. 227, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1407 License required. (a) No person shall engage in the practice of providing electrical services or hold himself or herself out to the public in this State as being qualified to act as a licensed electrician; or use in connection with that person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to act as a licensed electrician, unless such person has been duly licensed under this chapter. (b) Whenever a license to practice as an electrician in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as an electrician in this State. 24 Del. C. 1953, §  1421; 55 Del. Laws, c. 423, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1408 Qualifications of applicant [For application of this section, see 81 Del. Laws, c. 290, § 5]. (a) An applicant, who is applying for licensure as an electrician under this chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) For licensure as a master electrician shall have knowledge of electricity in the residential, commercial and industrial areas, and in addition shall have: a. Six years’ full-time experience under the supervision of a licensed master electrician; or b. Eight thousand hours of full-time experience under the supervision of a licensed master electrician, plus 576 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from any bona fide, registered apprenticeship program of any state; or c. Four years’ full-time experience under the supervision of a licensed master electrician and 2 years’ of technical training. (2) For licensure as limited electrician shall have knowledge of electricity in the residential area, and in addition shall have: a. Three years’ full-time experience under the supervision of a licensed electrician, master or limited; or b. Four thousand hours of full-time experience under the supervision of a licensed electrician, master or limited, plus 288 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from any bona fide, registered apprenticeship program of any state. (3) For licensure as master electrician special shall have knowledge of electricity as it relates to the particular type or types of specialty, and in addition shall have: a. Six years’ full-time experience under the supervision of a licensed master electrician, or master electrician special in the applicable specialty; or b. Eight thousand hours of full-time experience under the supervision of a licensed master electrician or master electrician special, plus 576 hours of related instruction, or other approved training in the applicable specialty, verified by a certificate of completion of apprenticeship from any bonafide, registered apprenticeship program of any state. (4) For licensure as limited electrician special shall have knowledge of electricity as it relates to the particular type or types of specialty, and in addition shall have: a. Three years’ full-time experience under the supervision of a licensed master electrician, master electrician special or limited electrician special in the applicable specialty; or b. Four thousand hours of full-time experience under the supervision of a licensed master electrician, master electrician special or limited electrician special, in the applicable specialty, plus successful completion of 288 hours of related instruction, or other approved training in a specialty verified by a certificate of completion of apprenticeship from any bonafide, registered apprenticeship program of any state. (5) For licensure as a journeyperson electrician shall: a. Be at least 20 years of age. b. Shall either: 1. Successfully complete an apprenticeship program approved by the Board that includes passing a final exam for successful completion of such program; or 2. Have over 8,000 hours of full-time experience performing electrical work under the supervision of a licensed master electrician, master electrician special, limited electrician or limited electrician special. c. The exam required for a journeyperson license in paragraph (a)(8) of this section shall not be required for any person that has successfully met the requirement of paragraph (a)(5)b.1. of this section. (6) For licensure as a residential electrician shall: a. Pass a residential electrician exam as determined by the Board, and which is approved by the Division; and b. Have over 4,000 hours of full-time experience performing electrical work or have successfully completed a residential apprenticeship program approved by the Board. Work experience is applicable if acquired under the supervision of a licensed master electrician or limited electrician or while the applicant was individually licensed. (7) a. For licensure as an apprentice electrician shall: 1. Be at least 18 years of age. 2. Be enrolled in an apprentice program approved by the Board. 3., 4. [Repealed.] b. For licensure as a school apprentice electrician shall be enrolled in a board-approved vocational program at a vocational high school in this State. (8) After fulfilling the applicable experience and/or training requirements of this section, a person applying for licensure as a master electrician, master electrician special, journeyperson electrician, limited electrician, and limited electrician special shall have achieved the passing score on the written, standardized examination for licensure, with a passing score as determined by the Board in rules and regulations, and which is approved by the Division. (9) Shall not have been the recipient of any administrative penalties regarding that person’s practice as an electrician, including, but not limited, to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether such administrative penalty is grounds to deny licensure. (10) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as an electrician in a manner consistent with the safety of the public. (11) Does not have a criminal conviction record for an offense substantially related to providing electrical services. Applicants who have criminal conviction records shall request appropriate authorities to provide information about the record directly to the Board. If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(11). No waiver may be granted for a conviction of a felony sexual offense. a.-d. [Repealed.] (12) Shall have no disciplinary proceedings or unresolved complaints pending against the person in any jurisdiction where the applicant has previously been or currently is licensed or registered. (13) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense. (b) All evidence of experience shall be submitted on written affidavit forms provided by the Board. (c) All evidence of education shall be submitted by written certification from the educational institution attended. (d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. (e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. (f) An applicant may elect to postpone submitting the applicant’s licensure fee and proof of general liability insurance after successfully completing the examination for licensure; but such postponement shall not exceed 12 months. If the applicant fails to activate that applicant’s license within 12 months of passing the examination, the Board shall require that the applicant retake the examination. 24 Del. C. 1953, §  1422; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 48, §  5 ; 59 Del. Laws, c. 202, §  7 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 73 Del. Laws, c. 128, §§  1-6 ; 74 Del. Laws, c. 262, §  26 ; 75 Del. Laws, c. 436, §  11 ; 77 Del. Laws, c. 199, §  9 ; 78 Del. Laws, c. 44, §§  14, 15 ; 78 Del. Laws, c. 191, §§  5, 6 ; 79 Del. Laws, c. 86, §§  1, 2 ; 81 Del. Laws, c. 290, § 2 ; 82 Del. Laws, c. 198, § 1 ; 83 Del. Laws, c. 433, § 9 ; 85 Del. Laws, c. 227, § 1 ; § 1409 Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in “good standing” in another state, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in “good standing” is defined in § 1408(a)(9)-(12) of this title. (b) An applicant, who is licensed in a state whose standards are not substantially similar to those of this State, shall have practiced for a minimum of 5 years after licensure; provided however, that the applicant meets all other qualifications for reciprocity in this section. 24 Del. C. 1953, §  1426; 55 Del. Laws, c. 423, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 78 Del. Laws, c. 191, §  5 ; 81 Del. Laws, c. 290, § 2 ; § 1410 Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure or biennium. 24 Del. C. 1953, §  1424; 55 Del. Laws, c. 423, §  1 ; 57 Del. Laws, c. 607 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1411 Issuance and renewal of licenses. (a) The Board shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure as an electrician, in the category applied for, and who pays the fee established under § 1410 of this title, and submits proof of general liability insurance as required by the Board. (b) Each license, with the exception of apprentice electricians and school apprentice electricians, shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, proof of general liability insurance as required by the Board, and proof that the licensee has met the continuing education requirements established by the Board. (1) Apprentice electricians licensed 5 years or more prior to July 1, 2026, shall not be eligible to renew past the license’s current expiration date; however: a. For good cause shown, the Board may, at its discretion, allow extensions of 1 year to enable the individual to complete an apprentice program approved by the Board. b. Any such request must be made to the Board at least 60 days before the expiration date. (2) Apprentice electricians licensed less than 5 years as of July 1, 2026, shall not be eligible to renew and the license’s expiration date shall be extended to expire 5 years from the current issue date; however: a. For good cause shown, the Board may, at its discretion, allow extensions of 1 year to enable the individual to complete an apprentice program approved by the Board. b. Any such request must be made to the Board at least 60 days before the expiration date. (3) Any apprentice electrician license issued on or after July 1, 2026, will expire after 5 years and may be extended for good cause shown to the Board. a. For good cause shown, the Board may, at its discretion, allow extensions of 1 year to enable the individual to complete an apprentice program approved by the Board. b. Any such request must be made to the Board at least 60 days before the expiration date. (4) School apprentice electrician licenses need not be renewed. These licenses remain valid as long as the license holder is enrolled in a board-approved vocational program at a vocational high school in this State or has attained the age of 18, whichever is later. (c) The Board, in its rules and regulations, shall determine the period of time within which a licensed electrician may still renew that licensed electrician’s license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date. (d) A licensee, with the exception of a school apprentice, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such person may reenter practice upon written request to the Board of the intent to do so, and completion of continuing education, as required in the Board’s rules and regulations. 24 Del. C. 1953, §§  1425, 1427; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §§  8, 10 ; 64 Del. Laws, c. 476, §  7 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 85 Del. Laws, c. 227, § 1 ; § 1412 Grounds for discipline. (a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1414 of this title, if, after a hearing, the Board finds that the practitioner has: (1) Employed, or knowingly cooperated in, fraud or material deception in order to acquire a license as an electrician; has impersonated another person holding a license, or allowed another person to use the practitioner’s license, or aided or abetted a person not licensed as an electrician to represent himself or herself as a licensed electrician; (2) Illegally, incompetently or negligently provided electrical services; (3) Performed electrical work in a category for which the practitioner is not licensed; (4) Been convicted of any offense, the circumstances of which substantially relate to the performance of electrical work. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor; (5) Excessively used or abused drugs; (6) Engaged in an act of consumer fraud or deception of the public; (7) Violated a lawful provision of this chapter, or any lawful rule or regulation established thereunder; (8) Had the practitioner’s license as an electrician suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as an electrician in this State shall be deemed to have given consent to the release of this information by the Board, or other comparable agencies in another jurisdiction, and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; (9) Failed to notify the Board that the practitioner’s license as an electrician in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or (b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice as an electrician shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. 72 Del. Laws, c. 210, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 436, §  12 ; § 1413 Complaints. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. (b) When it is determined that an individual, not currently licensed by the Board, is engaging, or has engaged, in providing electrical services to the public, or is using the title “master electrician”, “master electrician special”, “limited electrician”, “limited electrician special”, or other title implying that the individual is competent to provide electrical services, the Board shall apply to the Office of the Attorney General to issue a cease and desist order. 64 Del. Laws, c. 476, §  6 ; 65 Del. Laws, c. 355, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1414 Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 1412 of this title applies to a practitioner or licensee regulated by this chapter: (1) Issue a letter of reprimand. (2) Censure a practitioner. (3) Place a practitioner on probationary status, and require the practitioner to do 1 or more of the following: a. Report regularly to the Board upon the matters, which are the basis of the probation. b. Limit all practice and professional activities to those areas prescribed by the Board. (4) Suspend any practitioner’s license. (5) Revoke any practitioner’s license. (6) Impose a monetary penalty: a. Not to exceed $1,500 for each violation of § 1412(a)(2) and (a)(4) through (9) of this title; and b. No less than $4,500 for violations of § 1412(a)(1) and (a)(3) of this title. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action have been remedied. (c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license. 24 Del. C. 1953, §  1428; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  11 ; 64 Del. Laws, c. 476, §§  2, 3 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 79 Del. Laws, c. 213, §  2 ; 81 Del. Laws, c. 290, § 3 ; 83 Del. Laws, c. 230, § 1 ; § 1415 Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 1412 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter, as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner. (c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29. 24 Del. C. 1953, §  1431; 55 Del. Laws, c. 423, §  1 ; 64 Del. Laws, c. 476, §  8 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1416 Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation. (b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate. (c) [Repealed.] 24 Del. C. 1953, §  1429; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §§  12, 13 ; 64 Del. Laws, c. 476, §  4 ; 65 Del. Laws, c. 462, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 82 Del. Laws, c. 8, § 4 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1417 Homeowner’s Permits. (a) Any person, who plans to install that person’s own internal wiring, electrical work or equipment, including the main breaker or fuse, in or about that person’s own home, that is not for sale nor any part for rent, excluding swimming pools and hot tubs, shall obtain a homeowner’s permit. Permits shall be valid for 1 year. Failure of the homeowner to obtain a final inspection of the homeowner’s work shall be cause for the Board to cancel the homeowner’s permit. (b) Persons applying for a homeowner’s permit shall submit a photo identification, copy of the deed to the home and title or contract of sale for the mobile home (if applicable). (c) Application for a homeowner’s permit shall be available at the Board office in Dover, or by mail. The Division shall issue the permit only to those persons who fulfill the requirements of this section. 72 Del. Laws, c. 210, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1418 Partnership, firm or corporation; loss of license holder. (a) If a partnership, firm or corporation suffers a loss of a license holder, the partnership, firm or corporation shall notify the Board in writing with supporting documentation within 7 days of the loss of a license holder. (b) The Board shall schedule an emergency meeting within 10 days during which time the partnership, firm or corporation may continue to operate without a license holder provided the partnership, firm or corporation continues to employ the same personnel with the exception of the license holder. (c) A person associated with the partnership, firm or corporation shall submit an application for a license to the Board, before the emergency meeting, for consideration by the Board at such meeting. At the emergency meeting the Board may issue a temporary license valid for 100 days dated from the date of notification by the partnership, firm or corporation. (d) If approved at the emergency meeting, the applicant shall be scheduled for the next available examination. (e) Regardless of the provisions of subsection (c) of this section, a temporary license shall expire when the Board receives notification of the results of the examination. (f) If the partnership, firm or corporation allows the 100-day temporary license to expire without having a person obtain a license or having in their employ a person with a license, then said partnership, firm or corporation shall cease and desist immediately from all electrical work for which a license is required under this chapter. 72 Del. Laws, c. 210, §  1 ; § 1419 Exceptions. (a) Nothing in this title shall be construed to prevent the performing of electrical work by: (1) Any of the following individuals working in a manufacturing or industrial facility: a. An electrical engineer who is recognized by their company as the person responsible for facility repairs, maintenance, or electrical additions, and who is registered with the Board, or a professional electrical engineer who is registered with the Board and who is licensed and listed on the Delaware Association of Professional Engineers; b. An electrical engineer or electrical engineering technician, recognized by the manufacturing or industrial company as qualified, working in a laboratory environment conducting basic research and development; c. An “in-house” electrical engineer, electrical engineering technician, or other person conducting research and development building and testing a custom panel designed by the company and not commercially available, provided that such exception shall not extend to the permanent installation of the equipment; (2) The Department of Transportation, its agencies, offices and divisions, for all work performed by the Department, or under its supervision, and which is approved by the Department, for the installation, erection, construction, reconstruction and/or maintenance of drawbridges and traffic-control devices, including traffic signals, traffic signs and highway lighting; (3) Persons working beyond the main breaker or fuse of 200 amps or less on structures used exclusively for agricultural purposes, except that the provisions of § 1420 of this title regarding certificates of inspection shall apply where new installations are involved; (4) Any electric light or power company, electric railway company, steam railway company, diesel railway company, telegraph or telephone company, water or wastewater utility whose rates and services are regulated by the Delaware Public Service Commission, or any person performing the electrical work of such company or utility, when such work is a part of the plant or services used by the company in rendering its authorized service to the public, as further defined in rules and regulations of the Board; (5) Any homeowner or homeowners who comply with the mandates of § 1417 of this title. (b) Nothing in this chapter shall restrict any person from servicing equipment in the fields of heating, air conditioning, refrigeration or appliances. 24 Del. C. 1953, §  1432; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  16 ; 62 Del. Laws, c. 342, §  1 ; 64 Del Laws, c. 476,, §  5; 65 Del. Laws, c. 355, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 78 Del. Laws, c. 191, §  7 ; 79 Del. Laws, c. 86, §  3 ; 79 Del. Laws, c. 407, §  1 ; § 1420 Certificate of Inspection required; “cut-in-card”. (a) All electrical work performed in this State, unless specifically exempt, shall receive a certificate of inspection issued by a Board-licensed inspection agency. (b) All applications for inspections shall be filed with the inspection agency within 5 working days of the commencement of electrical work. (c) Inspection agencies shall make all inspections within 5 working days of receipt of the application for inspection. (d) No power company shall connect any current, light or power to any property without first obtaining from an inspection agency a permanent or temporary “cut-in-card,” except in case of emergency when service may be restored by a licensed electrician prior to obtaining a “cut-in-card.” The inspection agency shall issue a “cut-in-card” only for electrical work performed by a licensed electrician, except for work being done or which has been done by persons who are not required to obtain licenses under this chapter. 24 Del. C. 1953, §  1433; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  17 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; § 1421 Electrical Inspection Agencies. (a) All agencies, who intend to conduct electrical inspections in this State, shall apply for a license as an approved electrical inspection agency, complete a Board-approved application and submit to the Board proof of the following: (1) Name or names, address or addresses, and telephone number or numbers for all office facilities located in this State, at least 1 office of which shall service all 3 counties; (2) For all electrical inspectors employed by the inspection agency, proof of at least 7 years of experience in residential, commercial or industrial wiring; (3) The passing grade obtained by each inspector on the following examinations, administered by a nationally recognized testing agency and approved by the Division: Electrical 1- and 2-family dwelling; electrical general, administered within 18 months of employment as an inspector; and electrical plan review, administered within 24 months of such employment. (b) The Board may grant conditional approval of the inspection agency, not to exceed 6 months, after reviewing the credentials of the agency, evidence of general liability insurance and errors and omission insurance, as required by the Board’s rules and regulations, and payment of the fee established by the Division. No electrical inspection agency shall conduct any electrical inspection in this State until it has at least 1 full-time, nationally-certified inspector on its payroll, who will conduct electrical inspections in this State. (c) The Board may deny an application for licensure as an inspection agency; such denial shall be in writing and state the reason or reasons for such denial; and shall be provided by the Board to the inspection agency within 10 days of the decision. The inspection agency may appeal all denials of licensure to the Superior Court. (d) After the Board has granted a conditional approval for the inspection agency and such approval has been in effect for at least 3 months, the Board may grant a license to the inspection agency, upon submission of certified proof of the following: (1) All employees, officers or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any electrical contracting business located in this State; (2) All employees, officers or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any manufacturer or seller of electrical appliances, machinery, wiring, electrical hardware or other electrical apparatus. (3) All employees, officers or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any electric utility or company, municipal electrical department or other utility or company, which supplies electrical energy for industrial, residential or commercial use. (e) All licensed electrical inspection agencies in this State shall file, and keep up to date, with the Board and keep open to public inspection at all times during normal business hours, and in each office, the addresses and telephone numbers of all offices, time of regular business hours for all offices, and a schedule with all rates and charges for services rendered by the agency. (f) All licensed electrical inspection agencies in this State shall make inspections within 5 days of receipt of an application for inspection and shall issue a certificate of approval within 15 days after final inspection. All applications for inspection must be filed by a state-licensed electrician or by a person or persons specifically excepted by this chapter. (g) All violations noted during an inspection shall be corrected within 15 days and reinspected by the same inspection agency. If not corrected, the inspection agency shall notify the utility concerned and the Board of such violations. The utility shall not provide service to the premises until the violation is corrected. (h) All records of the licensed electrical inspection agencies shall be available for examination by the Division’s investigators; the agency shall inform the Division of the location of all records. (i) All licensed electrical inspection agencies in this State shall carry general liability insurance and errors and omission insurance of at least $1,000,000 each for claims of property damage or personal injury arising from faulty electrical work approved by the agency, or any of its employees, or other acts or omissions performed by the agency or any of its employees. (j) All employees of all licensed electrical inspection agencies in this State shall be remunerated on a salary basis only and shall not be given commissions or other bonus incentives for volume of work performed. (k) Each license shall be renewed annually upon payment of the appropriate fee, in such a manner as is determined by the Division. ( l ) The Board may impose any of the sanctions available under § 1414 of this title on an electrical inspection agency if the agency is determined to be guilty of: (1) Fraud or deceit in obtaining a license; (2) An act of consumer fraud or deception of the public; (3) Negligence, incompetency or misconduct in providing electrical inspection services; or (4) Violation of any lawful provision of this chapter or any lawful rule or regulation established thereunder. 24 Del. C. 1953, §  1434; 59 Del. Laws, c. 202, §  18 ; 59 Del. Laws, c. 396, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 73 Del. Laws, c. 128, §§  7, 8 ; § 1422 Apprentice electricians and school apprentice electricians. (a) An apprentice electrician or school apprentice electrician must work under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special, residential electrician or journeyperson electrician. (b) A licensed electrician supervising an apprentice electrician or school apprentice electrician pursuant to subsection (a) of this section shall be responsible for the activities of the apprentice electrician or school apprentice electrician performing work in this State. 78 Del. Laws, c. 191, §  8 ; 81 Del. Laws, c. 290, § 4 ; 85 Del. Laws, c. 227, § 1 ; § 1422A Residential electricians (a) A residential electrician license allows for a person to conduct residential electrical work without having to be under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special or journeyperson electrician. (b) Electricians with a residential electrician license are prohibited from performing any electrical work other than: (1) Electrical work performed on or within a residential dwelling or building prior to the dwelling or building being connected to the electric grid, or (2) Work to or beyond the breaker panel or fuse box in a residential dwelling or building. 81 Del. Laws, c. 290, § 4 ; § 1423 Duty to report. (a) An owner, operator, manager, or supervisor of a business performing electrical services shall have a duty to report to the Board, if such owner, operator, manager, or supervisor has knowledge that a person working for or under his or her supervision is: (1) Performing electrical work; and (2) Does not have the proper license under subchapter II of this chapter. (b) The report required pursuant to this section must be made in writing to the Board within 10 days of such owner, operator, manager, or supervisor having the required knowledge and shall contain the name of the person performing the electrical work without a license. (c) An owner, operator, manager, or supervisor of a business performing electrical services must check to see if an employee or independent contractor has the proper license under subchapter II of this chapter before allowing such employee or independent contractor to perform electrical work for such owner, operator, manager or supervisor. 79 Del. Laws, c. 86, §  4 ; 70 Del. Laws, c. 186, §  1 ; § 1424 Penalty. A person, not currently licensed as an electrician or exempt from licensure under this chapter, when guilty of performing electrical work, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey, the impression that the person is qualified to perform electrical work, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,500 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,500 nor more than $2,300 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter. 24 Del. C. 1953, §  1440; 55 Del. Laws, c. 423, §  1 ; 59 Del. Laws, c. 202, §  19 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 210, §  1 ; 78 Del. Laws, c. 191, §  8 ; 79 Del. Laws, c. 86, §  4 ; 81 Del. Laws, c. 290, § 4 ; § 1425 Inspections. An agent of the Division may inspect during business hours, without prior notice any person providing electrical services at any business or location to determine if such person has a proper license as required by this chapter. 80 Del. Laws, c. 318, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }