Substitute Senate Bill No. 1323

Public Act No. 01-164

AN ACT CONCERNING TELECOMMUNICATIONS INFRASTRUCTURE LAYOUT TECHNICIANS AND THE REGISTRATION OF EMPLOYEES OF TELECOMMUNICATIONS PROVIDERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (a) As used in this section:

(1) "Telecommunications infrastructure" means structured cabling for voice and data telecommunications;

(2) "Telecommunications infrastructure layout technician" means an individual licensed by the Department of Consumer Protection pursuant to this section, to produce telecommunications infrastructure designs that comply with nationally recognized standards;

(3) "Telecommunications infrastructure layout" means the preparing and producing of telecommunications infrastructure design and working drawings to be used for the installation, alteration or modification of a telecommunications infrastructure in all buildings, except residential buildings;

(4) "Nationally recognized standards" means the National Electric Code (NFPA-70), the (ANSI/TIA/EIA 568-A) Commercial Building Telecommunications Cabling Standard, the (ANSI/EIA/TIA-569-A) Commercial Building Standard for Telecommunications Pathways and Spaces, the (ANSI/EIA/TIA-570) Residential and Light Commercial Telecommunications Wiring Standard and all other ANSI approved telecommunications infrastructure installation standards or the equivalent thereof, as determined by the Department of Consumer Protection.

(b) No individual shall use the title "telecommunications infrastructure layout technician" unless the individual has obtained a telecommunications infrastructure layout technician license from the Department of Consumer Protection issued pursuant to this section.

(c) Each applicant shall submit an application for a telecommunications infrastructure layout technician license on forms prescribed and furnished by the Department of Consumer Protection. The applications shall include the applicant's name, residential address, business address, business telephone number and such other information or photographs as the commissioner may require. The submitted application shall include a nonrefundable application fee of seventy-five dollars.

(d) The commissioner shall issue a telecommunications infrastructure layout technician license to any individual who: (1) Completes a college level program or other program of instruction approved by the Department of Consumer Protection that assures industry standards in telecommunications infrastructure design; (2) submits an application pursuant to subsection (c) of this section deemed acceptable by the Commissioner of Consumer Protection; and (3) at the time of application, has held for not less than five years and continues to hold a valid unlimited or limited electrical license issued under the Electrical Work Board, public service technician certificate of registration issued pursuant to section 20-340b of the general statutes, or has other equivalent experience and training as required for an electrical license, as determined by the commissioner. A license issued pursuant to this subsection is nontransferable. The fee for a telecommunications infrastructure layout technician license is two hundred fifty dollars. Such license shall be renewed biennially and the renewal fee is two hundred fifty dollars.

(e) Each licensee shall obtain a seal in such manner as prescribed by the Department of Consumer Protection. The licensee shall sign and apply the seal to all documentation required by this subsection concerning work within the scope of the telecommunications infrastructure layout technician license. If such documentation is more than one page and bound together, the licensee may sign and apply the seal to one page, unless such documentation concerns filing plans for a building permit or appurtenant structures where the licensee shall sign and apply the seal to every page. No licensee shall sign or apply the seal to any documentation that such licensee did not supervise the preparation of.

(f) If, after notice and opportunity for hearing as provided in regulations adopted by the Commissioner of Consumer Protection in accordance with the provisions of chapter 54 of the general statutes, the Department of Consumer Protection determines that: (1) Negligent or incompetent work within the scope of a license issued pursuant to this section is performed by a licensee; or (2) the licensee engages in conduct of a character likely to mislead, deceive or defraud the department or the public, the department may issue an appropriate order to such licensee providing for the immediate discontinuance of such negligent or incompetent work or conduct, and may order restitution or issue a civil penalty of up to one thousand dollars, or both.

(g) The Department of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of this act.

(h) Any person who is a professional engineer licensed in accordance with the provisions of chapter 391 of the general statutes shall be exempt from provisions of this section.

(i) Nothing in this section shall be construed to require any plans, designs, drawings or similar materials used by a public service technician, as defined in section 20-340b of the general statutes, as amended by this act, in connection with telecommunications electrical work performed by such public service technician to be signed by a telecommunications infrastructure layout technician.

Sec. 2. Section 20-340b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) As used in this section:

(1) "Telecommunications electrical work" means work permitted to be performed by holders of a limited electrical contractor's license (T-1) as provided by regulation adopted under this chapter.

(2) "Public service technician" means an employee of a public service company or certified telecommunications provider, as defined in section 16-1, or any affiliate of any such company or provider, who is engaged in telecommunications electrical work and who is not otherwise exempt from licensing pursuant to section 20-340.

(b) Notwithstanding any provisions of this chapter, to the contrary, a public service technician may be issued a certificate of registration by the Department of Consumer Protection, upon authorization of the Electrical Work Board, in lieu of any license which otherwise might be required under this chapter, which shall entitle the holder of such certificate to perform telecommunications electrical work only as provided in this section, provided the public service company, certified telecommunications provider or [its] affiliate which employs the public service technician certifies to the Electrical Work Board that the employee has obtained such training and experience deemed necessary by the public service company, certified telecommunications provider or [its] affiliate to perform telecommunications electrical work included in such employee's job functions.

(c) The content and duration of the training and experience programs provided by the public service company, certified telecommunications provider or [its] affiliate must be relevant to the duties of the employee and must be approved biennially by the Labor Department. In reviewing the programs and training provided by a public service company, certified telecommunications provider or [its] affiliate, the Labor Department shall consider the specialization of the employees of the company or provider, the employee's previous company or provider training, the service record of the company or provider, the experience of the company or provider in training employees to perform telecommunications electrical work, and the quality assurance measures used by the company or provider.

(d) An employee enrolled in the [company's] training programs of the public service company or certified telecommunications provider shall be issued a trainee's certificate by such company or provider, valid for the duration of the training program, and may perform telecommunications electrical work only under the supervision of an employee of the public service company, certified telecommunications provider or [its] affiliate who is a registered public service technician or holds a journeyman's license.

(e) A public service company or certified telecommunications provider employing a public service technician shall inform the Electrical Work Board upon the change in job description or termination of any registered public service technician previously certified to the board pursuant to subsection (b) of this section and upon the issuance or termination of a trainee's certificate provided to an employee pursuant to subsection (d) of this section.

(f) A registered public service technician or employee of a public service company, certified telecommunications provider or [its] affiliate issued a trainee's certificate by such company or provider may only perform such work on behalf of such public service company, certified telecommunications provider or [its] affiliate and only while in the direct employment of such public service company, certified telecommunications provider or [its] affiliate. Such registration or trainee's certificate will be immediately relinquished upon termination of employment from such public service company, certified telecommunications provider or [its] affiliate.

(g) A registered public service technician may not supervise any duly registered apprentice performing work under a permit issued pursuant to subdivision (4) of subsection (a) of section 20-334a.

(h) The public service technician's registration shall expire annually. The fee for registration as a public service technician shall be the same fee as that charged for a journeyman's license under section 20-335.

(i) Registered public service technicians shall be subject to the same disciplinary actions as journeymen, including, but not limited to, actions authorized under sections 20-334, 20-341 and 21a-9.

(j) Supervisory personnel of a public service company, certified telecommunications provider or [its] affiliate authorized to employ registered public service technicians pursuant to this section may act as an agent of such company or provider for the purpose of taking out a permit pursuant to section 20-332-16(b) of the regulations of Connecticut state agencies.

(k) In lieu of displaying a contractor's license number pursuant to section 20-334, each public service company, certified telecommunications provider or [its] affiliate authorized pursuant to this section to employ registered public service technicians shall display its name, logo or other trademark which clearly identifies the company or provider on all commercial vehicles used in its business and in a conspicuous manner on all printed advertisements, bid proposals, contracts, invoices and on all stationery used in its business.

Sec. 3. This act shall take effect January 1, 2002.

Approved July 6, 2001