CHAPTER 43-09

ELECTRICIANS

43-09-01. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
1. "Apprentice electrician" means an individual who is learning the trade under the
personal supervision of a state-licensed electrician.
2. "Board" means the state electrical board.
3. "Class B electrician" means an individual who has the necessary qualifications,
training, and technical knowledge to wire, install, and repair electrical apparatus and
equipment in accordance with the standard rules and regulations governing such work,
who has eighteen months' experience in farmstead or residential wiring, and passed
an examination before the state electrical board based upon the national electrical
code as it applies to farmstead or residential wiring.
4. "Journeyman electrician" means an individual who has the necessary qualifications,
training, and technical knowledge to wire, install, and repair electrical apparatus and
equipment and power limited systems in accordance with the standard rules and
regulations governing such work.
5. "Licensee" means an individual who holds a valid license issued by the board.
6. "Master electrician" means an individual who has the necessary qualifications, training,
experience, and technical knowledge to plan, lay out, and supervise the installation
and repair of electrical wiring apparatus, and equipment for electric light, heat, power,
and power limited systems, in accordance with the standard rules and regulations
governing such work.
7. "Nonelectrical system" means a system as defined by the articles contained in
chapter 8 and other articles which contains class II or class III circuits and systems as
defined by the national electrical code, as adopted by the board. Although the board
may expand this definition, the board may not narrow this definition. The term does not
include a circuit or system that is installed:
a. Within an area of special occupancies, as defined under articles 500 through 517
of the national electrical code.
b. For heat, light, or power.
c. For the control of heat, light, or power, unless the circuit or system employs digital
communication.
8. "Power limited electrician" means an individual who has the necessary qualifications,
training, experience, and technical knowledge to plan, layout, and supervise the
installation and repair of a power limited system.
9. "Power limited system" means a system as defined by the articles contained in chapter
8 and other articles which contains class II or class III circuits and systems as defined
by the national electrical code, as adopted by the board. Although the board may
expand this definition, the term does not include a nonelectrical system.

43-09-02. State electrical board - Members - Terms of office - Vacancies.

The state electrical board must consist of five members appointed by the governor for a
term of five years with their terms of office so arranged that one term and only one term expires
on June thirtieth of each year. One member of the board shall represent the public and may not
be directly associated with the electrical industry. The board must include a master electrician
who is a contractor, a journeyman electrician, a consumer member of a rural electric
cooperative, and a person associated with an investor-owned utility. A member of the board
shall qualify by taking the oath of office required of civil officers and shall hold office until that
member's successor is appointed and qualified. The governor shall fill any vacancy by
appointment for the unexpired term of office.

43-09-03. Qualifications of members of board.

Repealed by S.L. 1949, ch. 287, § 11.

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 43-09-04. Officers of board - Compensation of members.
The members of the board shall select from their members a president, a treasurer, and a
secretary. Each appointive member of the board is entitled to receive such amount as may be
set by the board, and in addition thereto, each member shall receive the necessary and actual
expenses incurred by the member in the discharge of the member's duties. The mileage and
travel expense allowed may not exceed the amount provided for in section 54-06-09.

43-09-05. Powers and duties of state electrical board - Biennial report.

The board shall adopt a seal and may adopt reasonable rules to carry out this chapter. The
board may submit a biennial report to the governor and the secretary of state in accordance with
section 54-06-04. The board shall appoint qualified inspectors. Upon receipt of notice of
completion of any electrical wiring or power limited system installation involving a value of five
hundred dollars or more, the inspectors shall inspect the electrical or power limited system
installation and approve or condemn that installation. The inspector shall make a report of the
inspection on forms prescribed by the board.

43-09-06. Meetings of board.

The board shall hold a meeting in January of each year in Bismarck and may hold such
other meetings as are necessary to conduct examinations and perform the other duties coming
before it. Special meetings must be held at the time and place determined by the president, and
upon ten days' written notice given by the president to each member of the board.

43-09-07. Expenses of board - How paid.

All reasonable and necessary expenses incurred in conducting the business of the board
must be allowed and paid by the board.

43-09-08. Treasurer to hold moneys of board - Use - Disbursement.

Repealed by S.L. 1971, ch. 510, § 15.

43-09-09. License required - Examination - Board to issue license.

1. A person may not undertake or plan to undertake with another person to plan, lay out,
supervise, install, make additions, make alterations, or make repairs, in the installation
of wiring, apparatus, or equipment for electric light, heat, or power or for a power
limited system, unless licensed by the board.
2. The board shall examine an applicant for licensure and if, upon a technical and
practical examination, the applicant is found to possess the required knowledge and
skill and to be versed in the laws of electricity, the applicant shall be issued a license in
the class for which the applicant was examined. The license must be signed by the
president and the secretary of the board and attested by the seal of the board.
3. Each licensee or permitholder shall report that individual's licensing or renewals to the
electrical inspector, if there is one, in the city in which that individual operates.

43-09-09.1. Conviction not bar to licensure - Exceptions.

Conviction of an offense does not disqualify a person from licensure under this chapter
unless the board determines that the offense has a direct bearing upon a person's ability to
serve the public as an electrician or that, following conviction of any offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.

43-09-09.2. Advertising prohibited - Exceptions - Liability - Penalty.

1. Except as provided in this section, if a license is required under section 43-09-09, a
person may not advertise to contract for electrical services without being licensed as
or being associated with a class B electrician, master electrician, or power limited
electrician, unless that person intends to contract the electrical services with a licensed
electrical contractor.

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 2. If a person associates with an electrician under subsection 1 and that association
ends, that person is jointly and severally liable for any contracts entered under that
association.
3. a. A person violating this section is guilty of a class B misdemeanor for a first
conviction, but no fine in excess of one hundred dollars and no term of
imprisonment may be imposed.
b. A person violating this section is guilty of a class A misdemeanor for a second or
subsequent conviction, but the penalties are as follows:
(1) For a second conviction, no fine in excess of one thousand dollars and no
term of imprisonment may be imposed.
(2) For a third or subsequent conviction, a fine not to exceed one thousand
dollars, or imprisonment not to exceed thirty days, or both, may be imposed.

43-09-10. Types of licenses.

The classes of electricians who may be licensed under section 43-09-09 are:
1. Master electrician.
2. Journeyman electrician.
3. Class B electrician.
4. Power limited electrician.

43-09-11. Qualifications.
An applicant for an electrician's license must have the following experience and training:
1. For licensure as a master electrician, an applicant must have completed one year's
experience as a licensed journeyman electrician.
2. For licensure as a journeyman electrician, an applicant must have:
a. Completed eight thousand hours' experience in installing and repairing electrical
wiring, apparatus, and equipment, which experience may not be obtained in less
than three years.
b. Effective for an applicant who registered with the board as an apprentice after
January 31, 2008, completed at least one of the following:
(1) Successfully completed apprenticeship training approved by the board and
completed eight thousand hours' experience in installing and repairing
electrical wiring, apparatus, and equipment.
(2) Successfully completed an appropriate course of study, which may not be
less than two years or the equivalent of two years, at a board-approved
institution of higher education and completed eight thousand hours'
experience in installing and repairing electrical wiring, apparatus, and
equipment. The board may determine equivalent hours of education that
may be applied as a credit against the eight thousand hours' experience
requirement under this paragraph.
3. For licensure as a class B electrician, eighteen months' experience in farmstead or
residential wiring.
4. For licensure as a power limited electrician:
a. Hold a valid board-recognized tradesman certification; or
b. Possess the necessary work experience and training, as approved by the board.

43-09-12. Examination - Requirements.

Each applicant for an electrician's license shall pay the examination fee and shall take an
oath and submit written evidence that the applicant has had the required experience.

43-09-13. License fees.

Examination and annual license fees required to be paid for an electrician's license must be
set by the board.

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 43-09-13.1. Apprentice electrician registration.
An apprentice electrician shall register with the state electrical board within the first six
months of employment and shall pay an annual registration fee in an amount set by the board.
An apprentice electrician may work on installations only under the personal supervision of a
licensed electrician as provided in section 43-09-18.

43-09-13.2. Inspectors - License required - Exception.

An individual employed by the state electrical board or a political subdivision to inspect
electrical or power limited system installations must be licensed as a journeyman electrician or
master electrician.

43-09-14. Master electrician and class B electrician - Undertaking - Fund.

Repealed by S.L. 2015, ch. 292, §3.

43-09-15. Renewal of license - Denial, suspension, or revocation of licenses.

1. An electrician's license may be issued for a term of only one year, but may be renewed
without examination upon the payment of the proper fee. If the licensee fails to renew
the license for a period of three consecutive years or more, the licensee is required to
appear for re-examination. The state electrical board may deny, suspend, revoke, or
refuse to renew any license issued or applied for under this chapter for any of the
following reasons:
a. Failure or refusal to maintain or adhere to the minimum standards set forth in the
electrical code referred to in section 43-09-21.
b. Any cause for which the issuance of the license could have been refused had that
information then existed and been known to the board.
c. Commitment of any act of gross negligence, incompetency, or misconduct in the
practice of the profession regulated under this chapter.
d. Material misstatement, misrepresentation, or fraud in obtaining the license.
e. After due notice, failed or refused to correct, within the specified time, any
installation not in compliance with this chapter.
f. Failure or refusal to make a deposit or acquire public liability insurance as
required by section 43-09-20.
g. Failure to pay or enter a written contract for repayment, under a payment
schedule acceptable to the board, any financial obligation to the board.
h. Failure to furnish certification of completion of education as required under
section 43-09-15.1.
2. If an individual's license is denied, suspended, or revoked by the board, or that
individual is refused a license by the board, that individual may appeal to the
appropriate court.

43-09-15.1. Education.
An applicant for renewal of an electrician's license pursuant to section 43-09-15 must have
successfully completed at least eight hours each biennium, of education relating to the
standards set forth in section 43-09-21 or as otherwise prescribed by the board. The board may
not require more than sixteen hours of continuing education in each biennium. The board shall
conduct education sessions each year at not fewer than six locations throughout the state.
Attendance at such sessions, or attendance at other education sessions certified by the board
as approved, fulfills the educational requirements of this section. The board may charge a fee
for attendance at the education sessions at an amount to be determined by the board, but not to
exceed ten dollars per attendee for each session. The board may expend funds to educate and
encourage potential electricians into the trade.

43-09-16. When license not required.

The following persons are not required to be licensed by and are not subject to regulation
by the board under this chapter:

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 1. Employees of public utilities engaged in the manufacture and distribution of electrical
energy while engaged in work directly pertaining to the manufacture and distribution of
electrical energy. This exemption terminates at the first point of service attachment,
except for the installing or testing of electric meters and measuring devices and the
maintenance of electric meters and measuring devices.
2. Employees, independent contractors, or subcontractors of a company that is a
telecommunication carrier as defined under section 57-34-01 or that is a satellite or
cable systems provider, while acting in the scope of employment or the terms of the
contract.
3. Employees, independent contractors, or subcontractors of dealers in household
appliances, such as room air-conditioners, clothes dryers, dishwashers, freezers,
garbage disposals, refrigerators, stoves, washing machines, water heaters, and similar
appliances while installing and connecting such appliances to an existing electrical
receptacle.
4. A representative of a manufacturing firm that is installing or modifying controls of wiring
solely on industrial machinery that is for use by the firm itself, and performed by or
under the direction of a registered professional engineer who issues a state-accepted
evaluation, which is to be maintained with the equipment.
5. An individual who is installing a nonelectrical system.
6. An individual who is installing a power limited system that is installed within a
residential dwelling or is installed with a factory connector or cord powered by an
existing electrical receptacle.

43-09-17. Journeyman electrician's permit.

The board, upon the recommendation of one master electrician and two journeyman
electricians, may issue a permit for a journeyman electrician to engage in the journeyman
electrician's trade until the next meeting of the board for the examination of applicants. Such
permit is not renewable.

43-09-18. Apprentice.
An individual may serve as an apprentice under a licensed master electrician or power
limited electrician, but a master electrician or power limited electrician may not allow an
apprentice to work on any installation without personal supervision of a licensed electrician.

43-09-19. Report of work done by licensee.

Every person licensed under the provisions of this chapter and doing electrical work shall
report the same to the secretary of the board upon blanks furnished by the board for that
purpose.

43-09-20. Installations made with master electrician, class B electrician, or power

limited electrician - Requirement for liability insurance.
1. A contract, agreement, or undertaking with another person for the installation of
electrical wiring or power limited wiring or the installation of electrical or power limited
system parts of other apparatus may not be entered by anyone other than a master
electrician or power limited electrician. A class B electrician may not enter a contract,
undertaking, or agreement for the installation of electrical wiring, except for:
a. Farmstead electrical wiring; or
b. Residential electrical wiring in one or two family dwellings located in a city with a
population of two thousand five hundred or fewer.
2. If a licensee is acting as a contractor, that licensee shall submit to the board evidence
of the existence of public liability insurance with a licensed insurance carrier, with
policy limits of at least five hundred thousand dollars.

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 43-09-21. Standards for wiring, apparatus, and equipment.
All electrical and power limited wiring, apparatus, or equipment must comply with the rules
of the board made under authority of the laws of this state and in conformity with the approved
methods of construction for safety to life and property. The regulations in the national electrical
code and the national electrical safety code as approved by the American national standards
institute are prima facie evidence of these approved methods. Although a city may make more
stringent requirements by ordinance, application of the ordinance must be limited to individuals
licensed by the board under this chapter. An electrical or power limited system installation may
not be connected for use until proof has been furnished to the person supplying electrical
energy that there is compliance with the applicable regulations. The manufacturer of a new
manufactured building or modular unit shall make any changes required for the proof within
fourteen days from the notice that the building or unit does not comply with the applicable
regulations. This section does not apply to the movement of a new manufactured building or
modular unit into or within this state before the process of being connected for use.

43-09-22. Inspection of installation - Condemnation.

1. The board has jurisdiction over and shall provide inspection for all electrical
installations. The board has jurisdiction over and shall provide inspection for all power
limited system installations. If there is a disagreement between an electrician and an
inspector over interpretation or over a correction for violation issued by any inspector,
the executive director of the board shall review the identified disagreement and render
a final decision, which either party may appeal to the board.
2. The executive director of the board, as authorized by the board, may condemn
installations hazardous to life and property or may order specific corrections to be
made. The executive director may order disconnection of service after notice to the
owner of the property. The order is subject to the owner's right of appeal to the board.
A condemned installation may not be reconnected for service until proof has been
furnished that the installation has been brought up to the required standards.
3. The board may charge a master electrician, class B electrician, or power limited
electrician responsible for the installation a fee for inspections.
4. A city may make provisions for inspection of all electrical and power limited systems
installed within the corporate limits of the city. A city shall register the name of the
inspector with the board within ten days of appointment. A city may not require
inspection of an installation that is outside the jurisdiction of the board.

43-09-23. Criminal penalty - Civil proceedings.

A person that violates any of the provisions of this chapter is guilty of a class B
misdemeanor. In addition to criminal proceedings, the board may commence administrative or
civil court proceedings as follows:
1. The board may issue a cease and desist order against a person allegedly making or
offering to make installations in violation of section 43-09-09 or 43-09-09.2 based upon
information provided to the board by its inspectors or other persons, by investigation
reports, affidavits, complaints of witnesses, or oral testimony given to the board at a
regular or special board meeting. Violation of the cease and desist order may be
considered by the court in issuing a temporary or permanent restraining order and in
ordering the payment of costs and attorney's fees in proceedings authorized under this
section.
2. The board may apply to the district court in the county in which the violations have
occurred for a temporary or permanent injunction under chapter 32-06, enjoining
persons from performing, advertising, or contracting for making installations without a
valid license issued by the board in violation of section 43-09-09 or 43-09-09.2. The
court may not require a written undertaking, security, or bond as a basis for issuing any
temporary or permanent restraining order under this section unless the court
specifically orders and states the basis for requiring the security. Upon a determination
that a violation of section 43-09-09 or 43-09-09.2 has occurred, the court may assess

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 against the defendants the actual costs incurred and reasonable attorney's fees
necessary for the investigation and court proceedings against the unlicensed person.
3. After an administrative hearing has been conducted by the board under chapter 28-32,
an appeal from an order of the board or from the assessment of costs and attorney's
fees may be taken to the district court under chapter 28-32.

43-09-24. Special emergency.

Repealed by omission from this code.

43-09-25. License to nonresidents - Reciprocity.

To the extent that other states which provide for the licensing of electricians provide for
similar action, the state electrical board may grant licenses of the same grade or class to
electricians licensed by other states, upon payment by the applicant of the required fee, after
being furnished with proof that the qualifications of the applicant are equal to the qualifications
of holders of similar licenses in North Dakota.

43-09-26. Exemption for coal mines.

The jurisdiction of the board and other requirements of this chapter do not apply to
installations, wiring, apparatus, or equipment that are part of a coal mine permitted by the public
service commission and are subject to the jurisdiction of the federal mine safety and health
administration.

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