[HISTORY: Adopted by the County Council of
Talbot County 5-24-1994 by Bill
No. 536. Amendments noted where applicable.]
This chapter shall be known as the "Talbot County
Electrical Code," hereinafter referred to as the "code."
[Amended 7-8-2008 by Bill No. 1117; 6-14-2022 by Bill No. 1499]
The National Electrical Code, as published by
the National Fire Protection Association, and as updated from time
to time, is hereby adopted as the minimum standard for electrical
work in Talbot County, Maryland.
The County Council of Talbot County, Maryland,
hereinafter referred to as the "County Council," shall appoint the
Board of Electrical Examiners of Talbot County, Maryland, hereinafter
referred to as the "Board," which shall be established in accordance
with the following provisions:
A.
The Board shall be authorized to define criteria for
qualifications, registration, and licensing of various classifications
of electricians permitted to perform electrical work in Talbot County,
Maryland to the extent authorized by Md. Code Ann., Business Occupations
and Professions § 6-301, et seq., as amended from time to
time; to define the duties and powers of electrical inspectors qualified
and authorized to inspect and approve electrical work performed in
Talbot County, Maryland; and to enforce penalties for violation of
provisions of the code, for the purpose of enforcing the National
Electrical Code, as the minimum standard for electrical work in Talbot
County.
[Amended 6-14-2022 by Bill No. 1499]
B.
The Board shall be comprised of five members; three
members shall be currently engaged in the electrical business, and
shall have engaged in such business for at least five years prior
to their appointment, one member shall be appointed from a list of
recommendations made by the Talbot County Volunteer Fire and Rescue
Association, and one member shall be appointed from the public at
large. All Board members shall be current residents of Talbot County,
Maryland.
C.
Members of the Board shall be appointed by the County
Council.
D.
The initial Board appointments were one member for
a term of one year, two members for terms of two years each, and two
members for terms of three years each. Subsequent appointments shall
be for terms of four years, such that no more than two full-term appointments
are made in one calendar year. Interim appointments shall not extend
past the partial term for which the appointment is made.[1]
[Amended 6-25-2002 by Bill No. 865]
[1]
Editor's Note: Former Subsection E, prohibiting
members from serving more than two consecutive terms, which immediately
followed this subsection, was repealed 6-25-2002 by Bill No. 865.
The County Council may suspend or remove, at
any time, any member of the Board for misconduct, incompetence, neglect
of duty, or other sufficient cause deemed in the best interest of
the Board, upon written notice of removal or suspension to the member,
and after the member is given an opportunity to respond to the reasons
for removal or suspension.
Members of the Board shall receive such allowance
for compensation and expenses as approved by the County Council.
The Board shall annually elect members to serve
as the Chairman, Vice Chairman, and Secretary of the Board. The Board
shall adopt Rules of Procedure to govern meetings of the Board and
shall hold such meetings as the Chairman shall determine necessary
and proper to perform the Board's prescribed duties.
A.
The Board may adopt and amend, subject to the approval
of the County Council, all rules and regulations, which are not inconsistent
with the Constitution of the United States of America and the laws
and regulations of the United States, Maryland, and Talbot County
governments, and which may be necessary for the proper performance
of the duties of the Board and the proceedings before it.
B.
The Board shall adopt an Official Seal of the Talbot
County Board of Electrical Examiners, which shall be used in the conduct
of the business and affairs of the Board to validate its authority.
C.
In carrying out the provisions of the code, the Board,
under the hand of its Chairman and the Official Seal of the Board,
may subpoena witnesses for the purpose of obtaining depositions and/or
testimony. The Board may also require the production of written information,
papers, documents, or other items pertaining to the investigation
of any case involving the revocation of any license or registration
to perform electrical work in Talbot County, Maryland, or the investigation
of any person, persons, or corporations engaged in the practice of
electrical work, or the offer to practice electrical work, without
license or registration to perform electrical work, or in violation
of the code provisions.
[Amended 6-14-2022 by Bill No. 1499]
D.
Any member of the Board may administer oaths or affirmations
of witnesses appearing before the Board.
E.
If any person refuses to obey a subpoena issued by
the Board, or refuses to testify or produce any information, papers,
publications, documents, or other items requested by the Board in
the context of an official investigation, the Board may request the
intervention of the Circuit Court of Talbot County in support of the
facts of the case. If appropriate, the Court shall issue a subpoena
to summon such person before the Court to testify or produce information,
papers, publications, documents, or other items as deemed necessary
and pertinent to the investigation of the Board. Any person failing
or refusing to obey such subpoena or order of the Court shall be subject
to the force and authority of the Court.
A.
All funds, revenues, fees, fines, payments, or other
monies received by the Board shall be submitted to the Talbot County
Finance Officer, upon receipt by the Board, and shall be credited
to the general fund of Talbot County, Maryland.
B.
All disbursements made by the Board for salaries,
compensation, expenses, or other authorized expenditures shall be
paid by the Talbot County Finance Officer, out of funds appropriated
for such purposes by the County Council, on vouchers signed by the
Chairman and attested to by the Secretary of the Board, or by an employee,
department, agency, or office authorized by the Board and the County
Manager to administer payment requests on behalf of the Board.
C.
The Board may employ such clerical or other assistants,
as the County Council deems proper, to provide services, special expertise,
or resources which are necessary for the proper performance of the
duties of the Board under the authority of the code. The Board may
make expenditures from authorized funding for such support and services.
[Amended 6-14-2022 by Bill No. 1499]
No person, firm, or corporation shall install, repair, maintain, or erect any kind of electrical wiring, conduits, motors, fixtures, signs, electrically operated or controlled heating, ventilation, cooling or refrigeration equipment, air conditioners, elevators, or any other electrically operated apparatus or device in or about any premises in Talbot County, Maryland, including the incorporated municipalities within Talbot County, Maryland, without having first obtained a Talbot County certificate of registration or license, as applicable, to perform electrical work, as required by the provisions of the code, except as specifically exempt under § 56-10 of this chapter and without having first obtained any required state licensing as set forth in Md. Code Ann., Business Occupations and Professions § 6-301, et seq., as amended from time to time.
[Amended 6-14-2022 by Bill No. 1499]
The following exceptions to § 56-9 of this chapter are permissible, to the extent they do not conflict with any state licensing requirements:
A.
Electric light and power companies, railway companies,
telephone companies, telegraph companies, or cable television companies,
or persons employed or contracted to perform the electrical work of
any such companies, when such work is part of the plant or services
of such company in rendering its authorized service to the public.
B.
Employees engaged in maintenance and repair of electrical
equipment on the premises of their employer.
C.
Any person doing electrical work in a single-family dwelling used exclusively for living purposes, provided that person is a bona fide owner and occupant of such dwelling for a period of six months immediately following completion of the work, and said owner and occupant personally purchases and installs all equipment and materials in connection with the installation therewith, except that such work is not relieved of the inspections and approvals as required under § 56-16 of this chapter.
D.
Employees of persons licensed to perform electrical
work as master electrician, electrician general, or electrician limited,
when engaged in the performance of their duties under the supervision
of their employer.
E.
Employees or contractors engaged in the construction,
reconstruction, maintenance, or repair of any state or federal installations.
F.
Anyone engaged in the installation of insertion (plug-in)
devices or appliances which are designed for such insertion devices.
[Amended 5-12-2009 by Bill No. 1164; 6-14-2022 by Bill No. 1499]
Application for a license or registration, as
applicable, to perform electrical work in Talbot County, Maryland,
may be processed through the responsible agency of the County government
as assigned by the County Council. The applicants must state that
they are applying for one of the following classifications:
A.
"Master electrician" shall have the meaning set forth
in Md. Code Ann., Business Occupations and Professions § 6-101(j),
as amended from time to time.
B.
"Electrician limited" means any person who limits
electrical work to the installation of the maintenance and control
wiring in not more than two of the following categories of electrically
operated equipment, systems, or devices:
(1)
Heating, ventilation, air-conditioning, and refrigeration
equipment.
(2)
Display signs.
(3)
Elevators.
(4)
Any alarm system, including, but not limited to: fire,
burglary, medical, or detection systems.
(5)
Appliances.
(6)
Voice, audio, or video wiring.
(7)
Swimming
pool and spa bonding.
(8)
Low-voltage
wiring not included in the above categories.
[Amended 6-14-2022 by Bill No. 1499]
If not applying for an electrician limited license under the provisions of reciprocity in accordance with § 56-17 herein, applicants shall submit validation of qualifications for the license or registration requested. At a minimum, the application shall be supported by the following documentation:
A.
Master electrician. An applicant for a Talbot County registration
as master electrician shall hold a valid master electrician's license
issued by the State Board of Electricians and shall be regularly and
principally employed or engaged in electrical construction, maintenance,
installation, and repair of all types of electrical equipment and
apparatus as of the date of application.
[Amended 1-12-2021 by Bill No. 1467; 6-14-2022 by Bill No. 1499]
The Board is required to verify that applicants for a Talbot County license as an electrician limited have the knowledge and skills required to perform the duties thereof. If not applying for an electrician limited license under provisions of reciprocity, in accordance with § 56-17, applicants shall be tested by the Board through written examination, based on the current issue of the National Electrical Code, to verify qualifications for such license. Examinations shall be conducted under the following rules:
A.
Examinations shall be conducted at such dates, times,
and locations as scheduled by the Board, in accordance with the Rules
of Procedure of the Board.
B.
Applicants requiring testing shall pay the appropriate
registration fee, as approved by the Board, prior to sitting for the
examination.
C.
At least three members of the Board shall be present
during examination sessions.
D.
The use of the National Electrical Code book by the
applicant will be permitted during the examination.
E.
An examination score of at least 70% correct will
be deemed a passing grade.
F.
Applicants failing an examination may, upon request,
be permitted to review their corrected testing papers in the presence
of two Board members. Retesting shall be permitted upon reapplication
and approval by the Board.
[Amended 6-14-2022 by Bill No. 1499]
The Board shall establish a schedule of fees
for a Talbot County registration as a master electrician or a Talbot
County license as an electrician limited as required under the code,
subject to the approval of the County Council. Such fee schedule may
be altered or amended at the discretion of the Board, subject to the
approval of the County Council.
[Amended 5-12-2009 by Bill No. 1164; 6-14-2022 by Bill No. 1499]
A.
Any person, firm, or corporation in the business of electrical contracting in Talbot County, Maryland, or holding a valid license or registration to perform electrical work in Talbot County, Maryland, may not undertake any electrical work within Talbot County, Maryland, unless they carry, or are covered by, general liability insurance in the minimum amount of $300,000 and property damage insurance in the minimum amount of $100,000, or a combined policy in the minimum amount of $400,000, or, for holders of a Talbot County registration as a master electrician, such other amount(s) as required by Md. Code Ann., Business Occupations and Professions § 6-101, et seq. Proof and certification of current insurance shall be submitted with applications for registration or license renewal, regardless of classification. Insurance shall be validated prior to the issuance or renewal of any registration or license. Notice of cancellation of general liability insurance or property damage insurance, or any change in the insured status, shall be forwarded to the Board within 10 calendar days of the effective date of the insurance cancellation or status change. Inactive holders are exempt from the insurance requirements, provided that the inactive status is established as required under § 56-15C.
B.
Renewal of an electrician limited license shall be required every two years during the month of July. Renewal of a master electrician registration shall be required prior to expiration of the master electrician's license issued by the State Board of Electricians. Renewal in good standing shall be approved upon compliance with requirements for certification of insurance under § 56-15A, and payment of the fee according to the fee schedule in effect. Failure to timely renew as required by this section shall not deprive any registrant or licensee of the right of renewal. However, the fee to be paid for the untimely renewal after the month of July shall be an additional $2 for each calendar day, or fraction thereof, that payment of the renewal fee is delayed, up to 90 days, at which time the registration or license will be subject to revocation at the discretion of the Board.
C.
Any applicant or registrant can be licensed or registered under inactive status upon written request to the Board and payment of any additional fee in effect for this action. Inactive license holders or registrants may maintain and renew their license or registration, upon payment of the renewal fee in effect, without insurance coverage as specified in § 56-15A, provided the Rules of Procedure of the Board, or provisions of the code, have not been violated. Inactive license holders or registrants shall not be permitted to perform or represent electrical work in Talbot County, Maryland.
D.
Any applicant or registrant applying for or holding
a registration or license under the provisions of the code is responsible
for notifying the Secretary of the Board of any change of residence,
business address, place of employment, or telephone contact within
30 calendar days of the effective date of said change.
E.
No registration or license issued according to the
provisions herein may be used by anyone other than the individual
to whom the registration or license is issued, for purposes of transferring
or representing the authority to inspect or perform electrical work
in Talbot County, Maryland, or to seek registration or licensing in
another jurisdiction under provisions of reciprocity.
All classified electrical work and electrical
installations performed in Talbot County, Maryland, except the installation
of one single-phase, twenty-ampere (or less), electrical circuit,
shall be inspected and certified for compliance with the provisions
of the code. Applications for electrical inspection, inspections,
and certifications of compliance shall be administered by an authorized
person, firm, corporation, commission, or agency, hereinafter referred
to as the "Electrical Inspector." The authority and procedure for
electrical inspection in Talbot County, Maryland, shall be as follows:
A.
The Electrical Inspector shall be certified and registered
by the Board to perform inspections in Talbot County, Maryland, in
accordance with the provisions for registration of electricians, as
stipulated herein. Electrical Inspectors shall be insured in the minimum
amount of $1,000,000 professional liability coverage, as required
by the Board.
[Amended 6-14-2022 by Bill No. 1499]
B.
The Electrical Inspector shall hold a current approval
from the Maryland State Fire Marshal before being authorized to perform
any electrical inspections in Talbot County, Maryland.
C.
An Electrical Inspector shall perform electrical inspections
in Talbot County, Maryland, only under the authority and approval
of the Board, which can, at its discretion, direct any change, addition,
deletion, or amendment to the authority of any Electrical Inspector.
The Board shall assure that an authorized Electrical Inspector is
approved for service in Talbot County, Maryland, at all times.
D.
An application for electrical inspection shall be
filed with an authorized Electrical Inspector in accordance with the
rules, policies, regulations, and procedures of the Electrical Inspector
and the Rules of Procedure of the Board. Records of electrical inspection
shall be maintained by the Electrical Inspector, as required by the
Board, and shall be available for submittal to the Board upon request.
E.
Applications for electrical inspection shall certify
that the electrical installation has been performed by the applicant,
by employees or contractors under the applicant's supervision, or
under the authority of the applicant's license. Applications for electrical
inspection shall include a comprehensive schedule of wiring and equipment
for which the inspection is requested.
F.
All electrical work to be certified, under the provisions
herein, shall be inspected only by an authorized Electrical Inspector.
Inspections shall be performed within two business days from the date
of receipt of application for inspection by the Electrical Inspector.
Failure of the Electrical Inspector to perform inspections, or omissions
or deficiencies by the Electrical Inspector in performing requested
inspections, shall not relieve any registrant from the responsibility
to install all electrical work in compliance with the code.
G.
Fees for inspection services shall be stipulated by
the Electrical Inspector, subject to review and approval of the Board.
[Amended 6-14-2022 by Bill No. 1499]
Upon receipt of an application with payment
of the required fee and certification of insurance, and without examination
and requirement of verification of experience and knowledge, the Board
shall issue an electrician limited license to any person who holds
a current certificate of qualification, license, or registration for
a similar classification, issued by the proper authorities of the
State of Maryland or of a commissioned or chartered subdivision of
the State of Maryland, provided that the requirements of the aforesaid
prior qualification, license, or registration do not conflict with
the provisions of the code and are of a standard not lower than that
specified by the code, and further provided that the same rights of
reciprocity are afforded, as applicable, to registrants of Talbot
County, Maryland.
[Amended 6-14-2022 by Bill No. 1499]
A.
The Board may revoke or suspend the application, registration,
or license of any applicant, registrant, or license holder, as applicable,
who the Board determines to be involved in any of the following types
of conduct, or other acts not specifically identified herein, but
contrary to the intent and purpose of the electrician's licensing
and registration program, or in violation of applicable local, state,
or federal law:
(1)
The act, or acts, of fraud, deceit, or perjury in
applying for, obtaining, or renewing a certificate of registration
or license to perform electrical work.
(2)
The act, or acts, of any willful or gross negligence,
incompetence, or misconduct in supplying electrical equipment, appliances,
or material, or performing services as a registered and/or licensed
electrician in violation of the provisions of the code.
(3)
Permitting, approving, or causing the installation of defective electrical work, or failure to satisfactorily respond to a notice from the Board to correct such defective electrical work. Such notice shall require correction within 15 calendar days from certified receipt, or as otherwise directed at the discretion of the Board, in accordance with § 56-19B.
(4)
Supervising work for which the owner of the work,
or the contractor performing the work, is not the applicant, registrant,
or license holder or the employer or representative thereof.
(5)
Engaging in any activity constituting unlawful transfer
and use of the authority of a registration or license issued according
to the provisions herein.
B.
Any person may refer charges of fraud, deceit, gross
negligence, incompetence, or misconduct to the Board against any applicant,
registrant, or license holder. Such charges shall be filed, in writing,
to the Secretary of the Board, and shall be duly dated, notarized
or attested to, and suitably verified by the complainant. All such
charges, unless dismissed by the Board as unfounded, unsupported,
arbitrary, capricious, trivial, or illegal, shall be reviewed by the
Board, through a hearing process, within 90 calendar days after the
date on which they were filed. The date, time, and place for the hearing
shall be determined by the Board, and a copy of the charges, with
a summons for hearing, shall be forwarded through certified delivery
to the currently known address of the applicant, registrant, or license
holder at least 30 calendar days prior to the date of the hearing.
The hearing shall afford due process to the defendant, or the defendant's
representative, for questioning the complainant or the complainant's
witnesses appearing against the defendant, and to produce evidence,
documentation, witness testimony, or other suitable materials or information
presented in defense of the charges being heard. The Board shall act,
after the process of such hearing, on the vote of three or more members
of the Board, to revoke, suspend, or reinstate the status of the license,
registration, or application. During the process of investigation
and hearing of charges, and prior to the final vote of the Board,
the status of the applicant, registrant, or license holder shall be
suspended at the discretion of the Board.
Any person, persons, firm, agency, corporation,
or organization determined, by the Board, to be in violation of any
of the provisions of the code shall be subject to the following provisions
for process, enforcement, conviction, and penalty for criminal conviction
or civil infraction:
A.
Violation. Each item of noncompliance with provisions
of the code or notice, by the Board, to correct deficiencies, and
each calendar day of occurrence of such noncompliance shall constitute
a violation, subject to citation as a separate offense, except when
corrective action is in progress in accordance with specific orders
of the Board.
B.
Correction. The Board, upon determination of a violation,
may order corrective action necessary for compliance with the provisions
of the code. Such notice to correct shall be issued in writing, and
suitably corrected, within 24 hours of certified receipt of the notice
for an emergency violation and within 15 calendar days of certified
receipt of the notice for a nonemergency violation. An emergency violation
shall be determined as a condition requiring immediate corrective
action in order to protect the public health, safety, and welfare
in the use and operation of the electrical installation. Costs of
ordered corrections shall be borne by the registrant to whom the notice
to correct is issued. Failure to respond, or failure to respond adequately,
to a notice to correct shall result in the issuance, by the Board,
of a citation for violation.
C.
Enforcement. The Board shall be the enforcement authority
of the code. As such, the Board may cause to be delivered to the perpetrator
a citation which certifies and documents each violation, orders corrections
determined to be necessary to abate or mitigate the conditions and
circumstances of violation, assesses or seeks applicable fines and
penalties as specified herein, and serves notice of the right of trial
against the citation for violation.
D.
Penalty:
(1)
Criminal conviction. The Board shall be empowered
to seek, through the District or Circuit Court having venue, criminal
conviction of any registrant engaging in activities constituting unlawful
violation of the code, resulting in, or related to, a public welfare
or safety hazard, under penalty of fine not to exceed $1,000, or imprisonment
not to exceed 30 days, or both, at the discretion of the Court, for
each violation.
(2)
Civil infraction. The Board shall be empowered to
assess a fine, not to exceed $100, for each violation cited by the
Board as an infraction of the code which does not result in a public
welfare or safety hazard as determined by the Board. Any party receiving
such citation may seek due process through the District Court having
venue, in accordance with the procedure for civil infractions as set
forth in the Annotated Code of Maryland. Adjudication of a violation
for civil infraction is not a criminal conviction.
(3)
Prosecution. The County Council may authorize the
Talbot County Attorney to prosecute any violation, for which there
is no, or inadequate, response to a duly executed citation by the
Board. Anyone convicted of a cited violation shall be liable for the
costs of all associated proceedings.
[Amended 6-14-2022 by Bill No. 1499]
Any person aggrieved by any action of the Board
in processing, denying, revoking, suspending, or failing to reissue
a certificate of registration or license, or by any action of the
Board, or authorized representative or employee of the Board, in administering
and enforcing any provision of the code, may appeal therefrom, within
30 calendar days, to the Talbot County Board of Appeals, in accordance
with the procedure of the Board of Appeals,[1] as authorized by the Talbot County Charter. The decision
of the Board in any matter of appeal shall be prima facie correct,
and the burden of proof shall be on the appellant to show before the
Board of Appeals that the Board acted contrary to law, fraudulently,
arbitrarily, or capriciously, in carrying out the aggrieved action.
