AN ACT CONCERNING LICENSED ELECTRICIANS AND THE INSTALLATION OF PHOTOVOLTAIC ENERGY SYSTEMS.

AN ACT CONCERNING LICENSED ELECTRICIANS AND THE INSTALLATION OF PHOTOVOLTAIC ENERGY SYSTEMS.

This bill requires the Department of Consumer Protection (DCP) commissioner, after consulting with the Plumbing and Piping Work Board or the Heating, Piping, Cooling, and Sheet Metal Work Board as appropriate, to issue a solar thermal work certificate authorizing its holder to perform solar thermal work. To qualify for the certificate, a person must (1) hold a P-1, P-2, P-3, P-4, S-1, S-2, S-3 or S-4 license issued by DCP; (2) have completed a solar thermal installation training course approved by the commissioner; and (3) passed a solar thermal work examination approved by the commissioner. The certificate must be renewed in the same way that its holder's trade license is renewed. The certificate fee is $ 25.

The law prohibits anyone from willfully and falsely pretending to qualify to practice a licensed trade. This bill specifies that the prohibition includes offering to perform work in a print, electronic, television, or radio advertisement or listing when not licensed to do such work. It applies to contractors in the following trades: electrical; plumbing; heating, piping, and cooling; elevator installation and repair; solar electrical; solar thermal; fire protection sprinkler systems; gas hearths; irrigation; medical gas and vacuum systems; sheet metal; and automotive and flat glass. Violators commit a class B misdemeanor and violate the Connecticut Unfair Trade Practices Act (CUTPA).

*House Amendment “A” replaces the bill (File 94), which was concerned with the installation of photovoltaic systems.

EFFECTIVE DATE: Upon passage, except for the provision on offering to perform work for which a trades license is required, which is effective on October 1, 2009.

State law establishes a licensing system for several trades overseen by different licensing boards, including the Plumbing and Piping Work Board and the Heating, Piping, Cooling, and Sheet Metal Work Board. They have the power to determine who qualifies for a license, to enforce standards by disciplining licensees, and to define the scope of limited licenses. Each trade has different levels of expertise: apprentice, journeyperson, and contractor. Workers must meet education, training, and experience requirements to qualify for each level.

Contractors and journeypersons may hold either of two types of licenses, unlimited or limited. An unlimited license allows its holder to work in all areas of the trade. A limited license allows its holder to work in a specific area of the trade. The unlimited licenses in plumbing work are designated as “P-1” and “P-2” for contractor and journeyperson, respectively. The P-3 (contractor) and P-4 (journeyperson) licenses are no longer being issued, but are being renewed. They are limited licenses allowing their holders to perform domestic and light commercial work. The S-1 (contractor) and S-2 (journeyperson) licenses are unlimited and allow their holders to work in all areas of heating, piping, and cooling work. The S-3 (contractor) and S-4 (journeyperson) licenses are limited and allow their holders to work on heating systems, including oil furnaces, and air conditioning systems.

The law prohibits businesses from engaging in unfair and deceptive acts or practices. CUTPA allows the consumer protection commissioner to issue regulations defining what constitutes an unfair trade practice, investigate complaints, issue cease and desist orders, order restitution in cases involving less than $ 5,000, enter into consent agreements, ask the attorney general to seek injunctive relief, and accept voluntary statements of compliance. The act also allows individuals to sue. Courts may issue restraining orders; award actual and punitive damages, costs, and reasonable attorneys fees; and impose civil penalties of up to $ 5,000 for willful violations and $ 25,000 for violation of a restraining order.

A class B misdemeanor is punishable by up to six months imprisonment, a fine of up to $ 1,000, or both. Before anyone may be prosecuted for a licensing law violation, the law requires the consumer protection commissioner to (1) review the activity in question and (2) make a written determination that the activity requires a license and is not the subject of a bona fide dispute between members of a trade or craft, regardless of whether they are licensed.

Yea

Nay

(03/05/2009)