[Amended 11-10-1987 by Bill No. 87-5; 10-19-1993 by Bill No. 93-22; 11-16-1999 by Bill No. 99-6; 3-18-2003 by Bill No. 03-4; 5-19-2015 by Bill No. 15-2; 6-20-2017 by Bill No. 17-4; 6-20-2017 by Bill No. 17-5; 9-7-2021 by Bill No. Emergency 21-1; 1-17-2023 by Bill No. 23-02]
(a)
Adoption by resolution. The County Commissioners
shall, by resolution, after a public hearing upon at least fifteen
days' notice, adopt or amend an electrical code for the purpose
of establishing rules and regulations for the installation, renewal,
extension and reception of electrical wiring and electrical apparatus
in existing buildings, structures or outdoor electrical displays or
signs or in the construction, reconstruction, alteration or repair
of buildings, structures or outdoor electrical displays or signs.
The 1975 National Electrical Code as recommended by the National Fire
Protection Association shall be in effect until amended or changed
pursuant hereto.
(b)
Adopted code shall govern. When the terms
of the electrical code so adopted are inconsistent with the terms
hereof, the terms hereof shall be governing.
(c)
Services to conform to code. The code shall
govern all electrical services regardless of whether or not such services
are required to be done by licensed and registered personnel or inspection
hereunder.
As used in this Subtitle, the following terms shall have the
meanings indicated:
The Worcester County Board of Electrical Examiners.
The written authorization from the electrical inspector or
authorized inspection agency to the power company in order to connect
power to an electrical system.
The Worcester County Department of Development, Review and
Permitting or such other County department as the County Commissioners
designate by resolution.
To provide any service in the electrical trade, including
installing, repairing, maintaining, erecting, or altering any electrical
equipment, wiring, fixture, appliance, apparatus, raceway, conduit,
or system that:
Includes all electrical apparatus, electrical wiring, electrical
fixtures and electrical supplies used as a part of any installation
for the transmission or utilization of electrical energy. This shall
include all equipment necessary to operate the physical plant and
ventilating, heating, air-conditioning, refrigeration and water-heating
systems, provided that said term shall not include portable lamps,
electrical appliances and special manufacturing equipment separable
from permanently fixed plug-in receptacles.
A person authorized hereby by registration to engage in electrical
services of the following types and having a sufficient knowledge
of such type or types as determined by the Board: 1) electrically
operated heating or air-conditioning equipment; 2) electrically operated
refrigeration equipment; 3) electrically operated display signs; 4)
electrically operated home appliances; 5) electrically operated fire
alarm or detection systems; 6) other electrical apparatuses of a similar
nature as the Board may determine by written regulation. An "electrician
limited" may not work on multiphase electrical wiring systems or appliances
unless he is specifically registered therefor by the Board.
A license issued by the State Board of Electricians to provide
or assist in providing electrical services.
The Clerk of the Department of Development, Review and Permitting
or such other person as the County Commissioners designate by resolution.
Electrical services not including new installation (except
by replacement of existing installations with the same as those replaced)
and without additional installations or fixtures, an increase in electrical
power consumption, change of phase, increase in service capacity or
change in electrical characteristics.
An individual who has the experience, knowledge, and skill
to provide electrical services in all aspects of the electrical trade,
in a manner that complies with applicable plans, specifications, codes,
or law.
Any location not determined to be a hazardous (classified)
location pursuant to Article 500 of the National Electrical Code,
as from time to time amended, duly adopted pursuant to § BR
2-201(a) hereof.
Corporations, companies and partnerships, as well as individuals.
Authorization by the Board to provide electrical services
in Worcester County.
The temporary placing of a registration with the Board in
an inactive status.
Under the direction of and subject to the inspection of the
supervising party (be the party a master electrician or electrician
limited) and to the end that the supervising party shall be responsible
for the services of one who works under him as though such services
had been done by such supervising party and further subject to the
registration provisions herein.
(a)
There is hereby established a Board of Electrical Examiners of Worcester
County.
(b)
Members. There shall be seven members of the
Board, one of whom shall be an electrician currently engaged in the
electrical contracting business in Worcester County, Maryland, and
who has been so engaged in such business for at least five years prior
to this appointment and one of whom shall be an electrician actively
engaged in the electrical business in Worcester County. All shall
be residents of Worcester County, Maryland.
(c)
Appointment. Members of the Board shall be
appointed by the County Commissioners.
(d)
Terms. The initial term shall be two terms
of one year, two terms of two years and three terms of three years.
Subsequent to the initial term, all terms shall be three years.
(e)
Removal. Members of the Board may be removed
for written cause by the County Commissioners after a hearing before
said County Commissioners upon not less than fifteen days' written
notice.
The Worcester County Commissioners may remove any member of
the Board from office upon written charges after an opportunity to
be held by such member to be removed for misconduct, incompetency,
neglect of duty or other sufficient cause.
Members of the Board shall receive such allowance for expenses
and such compensation as the County Commissioners shall from time
to time determine.
The Board shall hold an organizational meeting and annually
elect a Chairman and two Vice Chairmen. 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 for the Board
to carry out its prescribed duties.
(a)
Registration required. No person shall hold
himself out to the public as being a qualified master electrician
or electrician limited, as defined herein, or use such terms in connection
with his name or otherwise assume, use or advertise any title or description
tending to convey the impression that he is a master electrician or
electrician limited unless such person has been duly licensed by the
State Board of Electricians, and no person shall perform services
upon or contract for services upon electrical wiring systems unless
duly registered under the terms of this Subtitle.
(b)
Electrician limited. In order to perform electrical
services as defined herein for an electrician limited, a person must
be so registered as an electrician limited (with the proper endorsement
on said registration to allow the services in such limited fields)
or be registered as a master electrician.
(c)
Master electrician. In order to perform electrical
services as defined herein for a master electrician, a person must
be duly registered hereunder as a master electrician.
(d)
Display of license or registration. Any master
electrician duly registered hereunder shall publicly display the wording
"licensed master electrician" together with his State license number
or the County registration number on the exterior of all motor vehicles
used in connection with the registration holder's business.
(e)
Exceptions. The registration provisions of
this Subtitle shall not apply to:
(1)
Any electric light or power company, electric railway company,
steam railway company, diesel railway company or telegraph, telephone
or cable television company nor to any person performing the electrical
services of any such company, when such services are part of the plan
or service of the company in rendering its authorized service to the
public.
(2)
Any person installing decorative outdoor lighting operating
at a nominal 50 volts or less and associated cabling and luminaires
or electrical wiring systems operating at a nominal 50 volts or less,
such as but not limited to controls, communications, burglar alarms,
audio, video and information technology systems when installed in
a single-family dwelling used exclusively for living purposes, provided
that the person is the bona fide owner and occupant of such dwelling
and said person purchases all material and personally performs all
labor in connection therewith and provided that all work must be done
in accordance with the code adopted herein and subject to inspection.
However, if an electrical permit is required by the electrical code
for the proposed work, an electrical permit must be obtained by a
registered electrician and the work completed by a registered electrician.
(3)
Repair or maintenance within a commercial or industrial (nonresident)
plant, facility or factory of equipment, electrical systems or machinery
by regularly employed trained employees of the owners or operator
of such plant, facility or factory.
(f)
Electrical services done by a corporation. Every firm, company or corporation performing services on electrical
wiring systems in Worcester County shall have at least one duly registered
natural person holding a registration of the proper class designated
as registrant for the firm, company or corporation. Every registrant
for a firm, company or corporation must be regularly engaged in supervising
all the electrical services done by the firm, company or corporation
and shall be responsible for all electrical services so supervised
by him. No registration may be assigned to more than one firm, company
or corporation. Assignments of registrations as contemplated hereby
shall be done upon written request to the Board and only strictly
in accordance herewith. All permits issued to a firm, company or corporation
shall be issued in the name of the individual registrant.
(b)
Electrician limited. In order to be registered
as an electrician limited, a person shall:
(c)
Continuing education, electrician limited. Beginning with those registrations which will expire on the last
day of December 2015 and henceforth with each subsequent biannual
application for renewal of a registration, in addition to the renewal
fee and any other required information, each applicant for an electrician
limited shall provide proof of continuing education from a course
or training based on any article or update of the duly adopted National
Electrical Code (NEC) or based on any code or standard of the National
Fire Protection Association (NFPA) that relates to the provision of
electrical services totaling not less than the following amounts,
at least one-half of which must be obtained in a classroom setting:
(1)
One continuing education unit (CEU) of training in accordance
with the standards of the American National Standards Institution
(ANSI)/International Association for Continuing Education and Training
(IACET); or
(2)
Ten hours of continuing education from a provider approved by
the Maryland Department of Labor, Licensing and Regulation (DLLR),
Division of Occupational and Professional Licensing; or
(3)
Any combination of Subsection (c)(1) and (2) above that totals
ten hours of continuing education.
Applications for registrations must:
In order to be certified by the Board as an electrician limited,
applicants meeting the qualifications herein set forth shall be tested
from their knowledge of those areas of electricity required by this
Subtitle for the type of registration sought. The test shall be administered
by the Board and may be written, practical, oral or by any method
which the Board sees fit which will properly test the applicant's
abilities and knowledge. The Board shall set standards for passage
and failure of the test.
(a)
Scope. The provisions of this section do not
apply to a registrant on inactive status.
(b)
Insurance required. All persons holding an
active electrical registration in Worcester County under the provisions
of this Title shall:
(c)
Renewal. Each electrician limited requesting
renewal of an electrical registration in Worcester County pursuant
to the requirements of this Title shall submit proof of the required
insurance with their application for renewal. Unless the applicant
meets the insurance requirements of this section, the Board of Electrical
Examiners of Worcester County shall not renew the registration to
perform electrical services within Worcester County.
(d)
Notice of cancellation. If the insurance required
under this section is canceled, the insured shall notify the Board
of Electrical Examiners of Worcester County within 10 days after the
date of cancellation and at the discretion of the Board of Electrical
Examiners of Worcester County, the electrician's registration
shall be revoked or shelved in accordance with the provisions of § BR
2-214(c) and § BR 2-215 hereof.
(a)
Issuance. Upon certification of the Board,
the Department shall issue a registration to any applicant who has
complied with the requirements of this Subtitle and who, in the opinion
of the Board, has satisfactorily met all requirements of this Subtitle.
The registration shall indicate which classification of electrician
the registrant has qualified for and shall:
(b)
Rights and privileges. The issuance of a registration
by the Department shall be prima facie evidence that the registrant
is entitled to all the rights and privileges of the classification
of electrician named therein while the registration remains unrevoked
or unexpired.
(c)
Notification. The Department shall promptly
notify, in writing, the local electrical inspection authorities of
all registrations approved, suspended or revoked.
(d)
Registration holder working for corporation. In the event that a registration holder proposes to work for a partnership
or corporation as a registration holder for such partnership or corporation,
such shall be noted on his registration.
(e)
Transfer of registration unlawful. It shall
be unlawful for a person to rent, borrow, loan, sell, transfer, alter,
mutilate or change an electrical registration.
(f)
Fees. Fees provided for under this Subtitle
shall be as established by resolution of the Board of County Commissioners.
Upon authorization of the Board, the Department shall, upon
application therefor and the payment of the regular fee and without
examination, issue a registration as an electrician limited to any
person who holds such a registration or its equivalent issued to him
by the proper authorities of any county, state or territory or district
of the United States or of any country, provided that the requirements
where the aforesaid registration was issued do not conflict with the
provisions of this Subtitle and are of a standard not lower than that
specified in this Subtitle for the classification to be issued by
this Board and further provided that the same rights are given to
duly registered electricians of this County within such jurisdiction.
(a)
Expiration. Registrations shall expire on
the thirty-first day of the second December following the registration's
issuance or renewal.
(b)
Renewal. Renewal may be effected at any time
during the months of November or December by payment of the annual
renewal fee. In addition to the renewal fee, the registrant shall
be required to pay a reinstatement fee for late renewal. Registrations
shall become invalid if renewal does not take place within ninety
days from the day of expiration.
(c)
Shelving. Any electrician duly registered
hereunder may, upon written request, have his registration shelved.
All registrations held by persons not actively engaged in the electrical
business will be shelved. An annual fee may be charged during the
shelving period and for shelving. No electrical services may be done
under a shelved registration during periods of shelving. In the event
the master electrician has been issued an inactive status certificate
from the State Board of Electricians, proof of an active State license
will be required to be provided to the Board before the local registration
is reissued. In the event that a registration for an electrician limited
has been shelved for a period of five years or more, the Board may,
at its discretion, require an interview or retesting of a person asking
to have his registration unshelved and may, upon failure of such person
to satisfy the Board that he is still competent to hold said registration,
decline to reissue.
(a)
Revocation of registration. The Board may
revoke or suspend the registration of any registrant who is found
guilty of:
(1)
Any fraud or deceit in obtaining the registration.
(2)
Any gross negligence, incompetency or misconduct in supplying
material or performing services as an electrician, electrical contractor
or supervisor.
(3)
Permitting or causing defective electrical service if done deliberately,
or if not corrected within fifteen days, or longer if necessary at
the discretion of the Board, following notice thereof by the Board.
(4)
A conviction under the laws of the United States or any state
for a felony; or a misdemeanor that is directly related to the fitness
and qualification of the applicant or registrant to provide electrical
service in accordance with the Building Occupations and Professions
Article, § 6-316(a)(6) and (c), of the Annotated Code of
Maryland, as from time to time amended.
(5)
Failure to maintain a valid State license.
(6)
Any violation hereof.
(b)
Charges. Any person may refer charges pursuant
hereto against any registrant. Such charges shall be in writing and
sworn to by the person making them at the time the charges shall be
filed with the License Permit Clerk.
(c)
Hearing by Board. All charges, unless dismissed
summarily by the Board as unfounded, frivolous or trivial, shall be
heard by the Board within ninety days after the date on which they
shall have been filed.
(d)
Procedure for hearing. The time and place
for the hearing shall be fixed by the Board and a copy of the charges,
together with a notice of the time and place of hearing, shall be
personally served on or mailed to the last known address of the registrant,
at least thirty days before the date fixed for the hearing. At any
hearing, the accused registrant shall have the right to appear personally
and by counsel, to cross-examine witnesses appearing against him and
to produce evidence and witnesses in his own defense. If, after such
hearing, a majority of the Board votes in favor of finding the accused
guilty, the Board may revoke or suspend the registration of such registrant
at the Board's discretion.
(e)
Action of Board. The maximum time of suspension
that the Board may impose is one hundred eighty days. A revocation
made by the Board may be permanent, subject to the provisions hereof.
(a)
Reissuance of revoked registration. An electrician
whose registration has been revoked may, after one year, become eligible
for a new registration by meeting all of the requirements of this
Subtitle and, for an electrician limited, upon the satisfactory completion
of any examination as hereinafter provided; provided, however, that
such registration holder did not engage in electrical services in
Worcester County during the time of revocation and further provided
that if a registration is revoked by the Board with a notation "permanent
revocation," the applicant may not reapply for a period of five years
and then only upon the unanimous consent of the Board.
(b)
Reissuance of suspended registration. Any
electrician whose registration has been suspended may apply for reissuance
of the registration upon the completion of the suspension term; provided,
however, that such registration holder did not engage in electrical
services in Worcester County during the time of his suspension. Such
reapplication shall be reviewed by the Board and the registration
issued unless cause to the contrary is shown. A reissuance fee may
be charged.
(c)
Replacement of registration. A new registration
to replace any registration lost, destroyed or mutilated may be issued,
subject to the rules of the Board. A reissuance charge may be made.
(d)
Reexamination requirement. In any case of
a revoked or suspended registration for an electrician limited, the
Board may require reexamination or retesting of the applicant.
(a)
Court review. Any person who is an interested
party and is aggrieved by any decision of the Board of Electrical
Examiners may appeal the same to the Circuit Court for Worcester County.
If, upon the review of the proceedings of the Board, it shall appear
to the Court that additional testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee
to take such evidence as it may direct and report the same to the
Court with his findings of fact and conclusions of law, which shall
constitute a part of the proceedings upon which the determination
of the Court shall be made. The Court may reverse or affirm, wholly
or partly, or may modify the decision brought up for review.
(b)
Court review procedure. An appeal to the Circuit
Court of Worcester County, Maryland, shall be taken in the manner
provided by the Maryland Rules 7-201 et seq.
(a)
Applicable in unincorporated areas. The provisions
of this Subtitle shall apply throughout the County but shall not apply
within the corporate limits of any incorporated city or town within
the County; provided, however, that if any such city or town may,
by ordinance or resolution duly adopted by its governing body, adopt
this Subtitle as enforceable within such corporate limits and request
that it be enforced therein. Upon such appropriate legislative act
by such governing body, this Subtitle shall be in full force and effect
within the corporate limits of any municipality so adopting it.
(b)
Applicable in Snow Hill and Berlin. The incorporated
Towns of Snow Hill and Berlin, having adopted Ordinance No. 30, as
amended, of which this Subtitle is a recodification, with amendments,
are hereby deemed to have adopted this Subtitle; provided, however,
that such towns may, by ordinance or resolution duly adopted by their
respective governing bodies, unadopt the provisions hereof at some
time subsequent to the effective date hereof, it being the intention
that the previous adoption of Ordinance No. 30, as amended, by the
Towns of Snow Hill and Berlin carry over as an adoption hereof unless
such adoption is duly repudiated according to the terms hereof to
the end that unless so repudiated or unadopted, the provisions of
this Subtitle shall be applicable within the corporate limits of Snow
Hill and Berlin.
(a)
Permit required. No person shall install any
new or used electrical wires, conduits, machinery, apparatus or any
kind of electrical equipment, fixtures, appliances or devices or perform
service on electrical systems (except as hereinafter provided) without
obtaining a permit and having such service or installation inspected
as herein provided or without complying with § BR 2-207
herein, as from time to time amended.
(b)
Issuance. A permit for any such service shall
be obtained from the Department before commencing such service. A
fee may be charged for such permit. In the case of a bona fide emergency
where eminent danger to life and property is present, service may
be commenced; provided, however, that a permit must be obtained within
seven hours of the next time the Department is open for business.
(c)
Inspection required. All services shall be
inspected by a duly designated County inspector or inspection agency.
No qualified County inspector shall approve a final cut-in card to
any light or power company until all electrical service reasonably
contemplated or required on any construction or electrical job or
project has had a permit issued for its completion and construction
or installation commenced.
(d)
Contract with private inspection agencies. The Board may designate and contract with private inspection agencies
to perform any inspections. Fees charged by such agencies shall be
the liability of the person requesting inspection.
(e)
Cut-in card required for connection. No light
or power company, whether public or private, shall connect any current,
light or power to any property without first obtaining a permanent
or temporary cut-in card from the County inspector or inspection agency
except in case of an emergency when service may be restored by a registered
electrician prior to obtaining such cut-in card. No permanent or temporary
cut-in cards shall be issued unless said cut-in cards are requested
by a registered electrician, except for services being done or which
has been done by persons who are not required to be registered under
the provisions of this Subtitle.
(f)
Permit exception. The following electrical
services shall not require an inspection or a permit:
(1)
An electrical installation which is single phase, of twenty
amperes/one hundred twenty volts AC or less and installed in an existing
structure.
(2)
The installation of decorative outdoor lighting operating at
a nominal 50 volts or less and associated cabling and luminaires or
electrical wiring systems operating at a nominal 50 volts or less,
such as but not limited to controls, communications, burglar alarms,
audio, video and information technology systems when installed in
one- and two-family dwelling units.
(g)
Inspection exception. Insertion in electrical
circuits of devices or appliances which are properly designed for
such insertion or with the replacement of existing sockets, fixtures,
controls, motors or fuses with like material where no additional wiring
is involved shall not be subject to inspection.
The Board shall set qualifications for electrical inspectors.
In the case of individual inspectors, each proposed inspector shall
be qualified individually by the Board. In the case of an inspection
agency, each individual inspector within Worcester County shall be
duly qualified by the Board. The Board shall issue a registration
to each individual electrical inspector and may charge an annual fee
therefor. In the event that the electrical inspector is in the employ
of an approved agency, the agency's name shall also appear on
the registration. Electrical inspectors shall be bonded or insured
to the satisfaction of the Board. It shall be unlawful for any person
to perform electrical inspections or hold himself out to the public
as a qualified electrical inspector under the terms of this Subtitle
unless duly registered hereunder.
Electrical inspectors and members of the Board shall have all
such rights of entry as are necessary and proper to ensure compliance
herewith.
Any person who violates the provisions of this Subtitle shall
be guilty of a civil infraction.
