ECN Forum Forums Code Related Discussion NEC & other Code issues Application of Code Enforcement

Virtually all of these cases will end up in civil court, if it gets that far, so you don't really have a prosecutor. Basically the AHJ is suing unlicensed installers, seeking injunctions (stop work order) and financial punitive damages.
The reason they do that is the burden of proof is a lot less, warrants easier to get and they can still put a serious hurt on you.
Most of the time this starts an an administrative fine and if you don't just pay it they move into court.
They may move into criminal court when there is fraud, loss of life or repeated offenses.

nesparky it all depends on where you live.


Here in MA licensing issues are not handled by the local inspector although he certainly can turn you in to Board of Registration of Electricians.

I know RI works in much the same way.


The following quote comes from Massachusetts Board of Registration of Electricians

http://www.mass.gov/dpl/consumer/press2004/el102904.htm

If you follow the link you can read about a few of the hearings.

OK, Harold; thank you for the LV stuff, & the Home Improvement Contractor Registration Act.

Guys:
Enforcement of the UCC (think of it as the overall building code) is the responsibility of the CO (Construction Official) The CO, and the 'Sub-Codes' (Elec.,Plumb., Bldg., Fire all have the authority to impose monetary fines for working without required permits.

As to someone working without a license (Elec/Plumb/Fire/Locksmiths/B&F Alarm) they are fined or jailed by the various Boards of Examiners.

Everyone falls under the two (2) DCA's, Dept of Consumer Affairs, or Dept of Community Affairs. Ultamately, back to the State Attorney General, who is 'in-charge' of the whole enchalada.

Working without a permit is a max of $2000 now, up from the max of $500, written and collected by the Construction Official.

John

Here in Nebraska our state electrical Act states that " no one for another may do any electrical work unless licensed by the act."
There is even a criminal penality of up to a $1000.00 fine or up to 1 year in jail or both for those who are convicted of violating the act.
Many cities have simular ordinaces but with smaller fines and shorter jail times.
I have yet to see any one convicted here. One inspector told me that the prosecuter can't be bothered.
Like I said even if the laws are on the books it has to be enforced. Most if not all the state or city cases, I have heard or read about are against an electrician. I do not personally know of any against another trade performing electrical work. Come to think of of I don't know of any against a home owner or handyman.
Who knows maybe one day that will happen but I doubt it.

John,

"NO, Thank YOU!" just kidding. I think that NJ might be one of the most govern states as for licensing of people, is it worth it? Yes and no. It depends on who you talk to. I think our state tries real hard to get "qualified" people to do electrical work in our state, but you still see things slip through the crack. Have you ever called the State Board of Electrical Examiners to try and turn someone in? Sometimes they can't be bothered. However have a Lic. Elec. Cont. screw up and they will go after their Lic. "Tooth and Nail.". They will make a big deal about it. BTW. I did get your package in the mail and Thank You very much. I will read it (Without looking at the answers.) and see if I can figure it all out.

Florida does seem to be pretty interested in going after unlicensed and unpermitted activity. After the storms the people were complaining because we were not letting unlicensed trades work, even if they did have a license from another state. Part of the AHJ concern was that we have different building standards and practices than folks "up north".

Gfretwell wrote "Part of the AHJ concern was that we have different building standards and practices than folks "up north".

OK, we (NJ) use the '02 NEC, and may adopt the '05 in May of '06..

Do you have local more stringent standards?

AS to Harold's comments; yes, it's tough to get the Board after an un-licensed person sometimes....but if that person happens to be in the process of getting a Lic or Business Permit....he's/she's in real deep 'do-do' The Board posts each meeting minutes on their website....makes interesting reading sometimes!

John

They use the NEC unaltered here but most of the other trades work under stricter codes because of wind load requirements.

Greg:
Thank You! That's what I thought regarding the other trades.

Have a great day
John

John,

Sometimes if you turn the unlicensed people over to the local county electrical contractors groups they sometimes will go after the unlicensed guys. I know that Morris County Electrical Contractors Orig.(MCEC) will try. They went after a few of them already.

How about this? A homeowner (HO)says that he is buying this house and ripping it apart and redoing the elec. and plumb. etc. and that he will live in this house. As you know the state will not allow us to question the HO about his qualfications. So the HO rips out everything and puts all new in. Gets inspections and passes and then turns around after 4-8 months later and re-sells the house. What is to stop him from buying another house and doing it all over again?