Thelen Reid Brown Raysman & Steiner LLP

Electricians must become certified in order to continue working in California after January 1, 2007. Below are answers to frequently asked questions about the mandatory certification program based on the applicable statutes and regulations and on information obtained from regulators.

The program is the result of Assembly Bill 1087, signed by then-Governor Gray Davis in May 2002. The law creating it is at Labor Code §§3099.2 et. seq., and regulations implementing it are at 8 California Code of Regulations §§290.0 et. seq.

1.	Has the certification deadline been extended past January 1, 2006?
	The deadline to be certified was January 1, 2006, for general and fire/life safety electricians. General and fire/life safety electricians who filed their application before December 30, 2005, have until January 1, 2007, to take the exam. Residential electricians now have until January 1, 2007, to both file their applications and take the exam. Electrical trainees have until January 1, 2007 to enroll in a training school. The deadline to be certified for as a Voice Data Video Technician and Nonresidential Lighting Technician now is January 1, 2008. DAS expects to post this announcement on its Web site soon.
2.	Who is required to be certified under the statute?
	Electricians working for California contractors licensed as Class C-10 electrical contractors. There are five types of certification:
	a.	General electricians. Electricians who work for electrical contractors doing work covered by the National Electrical Code.
	b.	Residential electricians. They are electricians who:
			Perform work for an electrical contractor on any electrical system that is covered by the National Electrical Code in single family homes and multi-family units, including hotels and motels, where the primary occupancy of the building is considered residential and the maximum voltage received from a utility company is a 3 phase, 4 wire, 120/208 or 120/240 volts.
			Perform work installing the required panel boards and feeders for commercial tenant space in multi-family/multi-use occupancies falling under the provision above where less than 50 percent of the first floor level is used for commercial tenant space but not performing any tenant improvement for these spaces.
			Do not perform work in occupancies that fall under the scope of Article 517 of the National Electrical Code.
	c.	Fire/Life Safety Technician. Persons working for an electrical contractor installing, maintaining or constructing systems covered in National Electrical Code §760.
	d.	Voice Data Video Technician. Persons working for an electrical contractor installing, maintaining or constructing systems covered in §§725, 770 (non-composite cables only), 800 (non-hybrid cables only), 810 and 820 of the National Electrical Code.
	e.	Nonresidential Lighting Technician. Persons working for an electrical contractor repairing, servicing and maintaining existing nonresidential lighting fixtures and installing retrofit upgrade fixtures. Such work does not include the installation of branch circuits or the alteration of existing branch circuits except a technician may reconnect to existing power within 3 feet.

See, 8 California Code of Regulations §290.1.

3.	If I am a certified as a general electrician and wanted to do residential work, do I need to obtain a residential electrician certification?
	No. If you are certified as a general electrician, you are certified to do all electrical work requiring certification by the State of California except that of a Fire/Life Safety Technician.

4.	Will C-7 (low voltage) workers soon be required to be certified?
	C-7 workers are not required to be certified under this statute. The statute, in part, provides: "Certification is required only for those persons who perform work as electricians for contractors licensed as Class C-10 electrical contractors under the Contractors' State License Board Rules and Regulations. Certification is not required for persons performing work for contractors licensed as Class C-7 low voltage systems or Class C-45 electric sign contractors as long as the work performed is within the scope of the Class C-7 or Class-45 license, including incidental and supplemental work as defined in Section 7059 of the Business and Professions Code, and regardless of whether the same contractor is also licensed as a Class C-10 contractor."

5.	My company certifies our electricians internally. Do they have to be certified by the state as well?
	If the electricians working for your company fall within the statute, they must be certified by the state.

6.	I am a non-union electrical contractor. If I want to hire my son to work for me for the summer, does he need to be certified?
	If your son is not certified, then he must comply with the following three requirements: (1.) Register with the Division of Apprenticeship Standards; (2.) Complete or enroll in an approved curriculum of classroom instruction; and (3.) His employer must attest that the person works under the direct supervision of a certified electrician who is responsible for supervising no more than one uncertified person. See, California Labor Code §3099.4.

7.	How do I sign up to take the test?
	The Division of Apprenticeship Standards provides an online registration form. Click here to access it.

8.	Where can I take the test?
	The Division of Apprenticeship Standards provides an online list of test centers. Click here to view it.

9.	What is the format of the test?
	The test consists of multiple choice questions taken on a computer. Click here to view details.

10.	What will be tested?
	The Division of Apprenticeship Standards provides an online list of test topics. Click here to view it.

11.	How much does it cost to take the test?
	It costs $75 to apply for the test and $100 to take the test.

12.	What happens if I work as an electrician without being certified?
	Any person who displays a certificate or otherwise claims to be certified and who is not certified is prohibited from taking the test for certification for five years. See, 8 California Code of Regulations §294.0.

13.	I have a C-10 license; do I have to be certified?
	If you are the holder of a valid C-10 license and are working under that license, certification is not required. However, if you are performing covered electrical work not under your own valid license -- for example, if your license is not in effect for some reason or you are working under someone else's C-10 license -- certification is required.

14.	I already am certified. When do I need to renew my certification, and what does renewal entail?
	If you were certified before January 1, 2006, then you do not need to renew your certification until your certification anniversary date in 2009. If you were certified after January 1, 2006, then your renewal must be completed three years after your certification date. A renewed certificate costs $100. You must certify that you have worked at least 2,000 hours during the period in which you were certified. You must have completed 32 hours of continuing education, which likely will be offered by the organization that currently apprenticeship and electrician trainee programs.

15.	I already am certified in another state. Do I need a California certification to work in California?
	Yes. California offers no reciprocity with other states that have certification laws.

16.	What are some of the common mistakes applicants make when submitting their certification applications?
	DAS says that applicants commonly forget to include their California driver's license number and forget to sign the application. DAS provides written notification to applicants regarding any errors in their applications.

17.	The certification deadline is quickly approaching. How long does it take to get certified?
	DAS usually processes applications within one week and then mails a confirmation letter to the applicant with a phone number to call to schedule the examination. Depending on the location of the test site, it usually takes about one week to schedule the examination. If the applicant passes the examination, he will receive a score sheet and may immediately start working as an electrician. DAS will send the electrician a certificate within two weeks of passing the examination. So in theory, an applicant may become certified in as little as two weeks although turnaround times are likely to increase now that the certification deadline is approaching.

18.	Are there any special accommodations during the examination for people with dyslexia or other learning disorders?
	Yes. Under the Americans with Disabilities Act (ADA), the testing center is required to give test-takers extra time if an appropriate professional can verify the disability or if the test-taker can show that he or she was granted a similar accommodation in another formal testing environment. Click here to view details.

19.	Do employees who are on the payroll of a factory, plant or similar facility and who perform electrical work solely for their employer need to be certified?
	Labor Code 3099.2 (b) provides: "Certification is required only for those persons who perform work as electricians for contractors licensed as class C-10 electrical contractors under the Contractors' State License Board Rules and Regulations." So long as the employer is not required to be licensed as a C-10 electrical contractor, the statute states that employees need not be certified. However, if the employer must have a C-10 license, employees must comply with the certification law.

If you would like to receive legal reports and updates more quickly, by e-mail, click here and fill out the mailing list form.

For more information about the issues covered in this report, please contact Paul Berning in our San Francisco office at 415-369-7229 or at pwberning@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.





©2006 Thelen Reid Brown Raysman & Steiner LLP