STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION JULY 2004

state of connecticut department of consumer protection july 2004 minutes state electrical work examining board the meeting of j

STATE OF CONNECTICUT
DEPARTMENT OF CONSUMER PROTECTION
JULY 2004 MINUTES
STATE ELECTRICAL WORK EXAMINING BOARD
The meeting of July 9, 2004 was called to order by Laurence A.
Vallieres, Chairman, at 8:25 a.m. in Room 117 of the State Office
Building, 165 Capitol Avenue, Hartford, Connecticut.
Members Present: Laurence A. Vallieres, Contractor, Chairman
Beverly A. Ceuch, Journeyperson
Jack B. Halpert, Public Member
Roger L. Johnson, Jr., Journeyman
Michael Muthersbaugh, Electronic Technician
Douglas A. Reid, Journeyman
Raymond A. Turri, Contractor
Members Absent: Kenneth B. Leech, Journeyman
Member Vacancy: This Board currently has the following vacancies:
Three (3) Public Members, One (1) Contractor
Board Counsel Present: None
DCP Staff Present: Richard Hurlburt, Director of Occ./Pro. Licensing
Division
Judith R. Booth, Electrical Board Secretary
Anthony Santoro, DCP Administrative Attorney
Jack Korduner, Occ/Pro Inspector
Others Present: Robert Tworkowski, Electrical Contractor
Antoinette Tworkowski, Self Employed
Bob Nuzzi, State Electrical Inspector
The next regular meeting of this Board is scheduled for Friday,
September, 10, 2004 at 8:30 a.m. in Room 117.
Note: The administrative functions of this Board are carried out by
the Department of Consumer Protection, Occupational and Professional
Licensing Division. For information, call Director Richard M. Hurlburt
at (860) 713-6135.
Review of the Electrical Board Minutes:
1. Review of the May 14, 2004 and June 10, 2004 Minutes.
Board Member Jack Halpert made a motion to approve the May 14, 2004
meeting Minutes. The motion was seconded by Board Member Michael
Muthersbaugh. The motion carried unanimously.
Note: Board Member Raymond Turri abstained from voting.
Board Member Raymond Turri made a motion to approve the June 10, 2004
meeting Minutes. The motion was seconded by Board Member Jack Halpert.
The motion carried unanimously.
Note: Board Members Beverly Ceuch and Roger Johnson abstained from
voting.
Appearing Before the Board Today: None
Comments or Concerns of Any Person Present Today:
There were no comments or concerns addressed to the Board.
Applicants for Licensure Examination: None
Applicants for Licensure Appearing in Person: None
CHRO Applicants for Licensure: None
Prior CHRO Applicants for Licensure Pending Decision: None
CHRO Renewal of Licensure: None
Prior CHRO Request for Renewal of Licensure Pending Decision: None
CHRO Request for Reinstatement of Licensure: None
Prior CHRO Request for Reinstatement of Licensure Pending Decision:
None
Request for Reconsideration: None
Request to Suspend: None
Stipulation and Settlement Agreement Containing Consent Orders:
Stipulation Containing Consent Order(s): None
Stipulation Containing Consent Order(s) Previously Heard: None
­
Settlement Agreement Containing Consent Order(s): None
Settlement Agreement Containing Consent Order(s) Previously Heard:
None
Notice of Continuance: None
Request to Dismiss and Request to Dismiss Without Prejudice:
Request to Dismiss: None
Request to Dismiss without Prejudice: None
Request to Revise: None
Request to Reopen: None
Review of PSI Examination Results:
The Board reviewed the PSI Examination results covering dates May 1,
2004 through June 30, 2004.
Correspondence:
1. June 16, 2004 Special Meeting Notice to the Office of the Secretary
of State concerning an Electrical Board special meeting for the
continuation of the B & B Electric hearing.
This information was submitted to the Board from Board Secretary Booth
as a reminder for the Board’s upcoming hearing on Thursday, July 15,
2004. No comments were noted.
2. May 25, 2004 letter from Vanessa L. Ramirez, Esq. to Reverend David
Saylor advising that persons performing any type of mechanical trade
must be duly licensed in Connecticut.
This information was submitted to the Board from Director Richard
Hurlburt as a FYI. No comments were noted.
3. April 2004 TELSA News
This information was submitted to the Board from Director Richard
Hurlburt as a FYI. No comments were noted.
4. April 29, 2004 letter from Thomas Scanlon, Semac Electrical
Contractors, requesting clarification from Director Richard Hurlburt
of what work can be performed by a laborer working for Semac Electric
on the job site; specifically, laborers to core boreholes, rigging and
fire caulking.
After the Board’s review and discussion of this document, they
responded that they did not see a problem with laborers coring
boreholes or fire caulking without a license, but would like
additional, specific information from Mr. Scanlon on “rigging” and his
definition of the term “large”. Director Hurlburt presented as a
handout on this issue a court ruling issued on May 22, 2001, Abington
Constructors, Inc., V. Department of Consumer Protection, in which the
Board commented that they would need time to review, but requested in
the meantime that Director Hurlburt respond to items one and three of
Mr. Scanlon’s letter dated April 29, 2004.
5. “Credential Counts by Board and Status” submitted by Director
Hurlburt.
This information was submitted to the Board from Director Richard
Hurlburt as a FYI. No comments were noted.
6. “Electrical Licenses Types Renewable Only, No Longer Available by
Application“ submitted by Director Hurlburt.
This information was submitted to the Board from Director Richard
Hurlburt as a FYI. No comments were noted.
7. Single Family: Sec. 20-340. Exemptions from licensing requirements
(Chapter 393)
This information was submitted to the Board from Director Richard
Hurlburt as a FYI, which read the following:
Sec. 20-340. Exemptions from licensing requirements. (Chapter 393)
The provisions of this chapter shall not apply to:
(11) persons engaged in the installation, maintenance, repair and
service of glass or electrical, plumbing, fire protection sprinkler
systems, solar, heating, piping, cooling and sheet metal equipment in
and bout single-family residences owned and occupied or to be occupied
by such persons; provided any such installation, maintenance and
repair shall be subject to inspection and approval by the building
official of the municipality in which such residence is located and
shall conform to the requirements of the State Building Code;
(Single-family residences; has been interpreted by the Licensing
Boards within Chapter 393, as an unattached, standalone structure,
keeping no boarders.)
The Board requested Director Hurlburt provide this language to
Christopher Laux, State Building Official, and Bob Nuzzi, State
Electrical Inspector. Director Hurlburt replied that he did provide a
copy to Christopher Laux and that Bob Nuzzi, who was present for
today’s proceedings, would receive a copy in person.
Legal Department’s Tracking Report: None
Discussion: None
New Business:
1. Chairman Laurence Vallieres stated unless the Board Members
disagreed, he does not want applicants with engineering degrees to
automatically receive Department approval to sit for the E-1 or E-2
examination unless they have had at least one year of hands-on, i.e.
OJT experience. The Board Members agreed with Chairman Vallieres, and
Director Hurlburt replied that he will present all applications of
this type to the Board for their review.
2. Board Member Michael Muthersbaugh reported to the Board that
Halstead Communications continues to employ unlicensed laborers and
that Dish Network boldly advertises in the New Haven Register
newspaper without the display of their license.
Director Hurlburt requested a formal, written complaint be filed with
the Department, so that that the Department can investigate these
allegations.
3. Apprenticeship Program Concerns from Board Member Turri
Board Member Turri spoke to the Board regarding the untimely
expiration of his son’s apprenticeship card. Though the card was due
to expire in September 2004, the Department of Labor retired the card
early, because Mr. Turri’s son, who is a full time student, has not
put in “continuous” service as an apprentice. Board Member Turri asked
for direction from the Board since he was unable to get a response to
his numerous emails sent to Jack Guerrera, head of the Apprenticeship
Program for the Department of Labor. During the discussion, it was
brought to Mr. Turri’s attention that in Sec. 20-334(a) of the statute
it states that an apprenticeship card may also be issued by the
Department of Consumer Protection. Board Member Turri wished to
continue to resolve this matter with the Department of Labor prior to
pursuing this option.
Old Business:
1. Chairman Laurence Vallieres addressed the Board by saying that
during an Electrical Inspectors' meeting hosted by Bob Nuzzi, State
Electrical Inspector, one of the local building inspectors raised a
question to him after the meeting, asking if the exemption of a trade
license to single-family homeowners performing their own electrical,
heating and plumbing work extended to condominium and townhouse
owners. The inspector was referencing a prior communication that he
received from the State Building Inspector that was based on prior
discussions held by this board. Chairman Vallieres responded that
condo and townhouse owners doing work on their unit raises a concern,
because of firewalls that exist in these buildings which the homeowner
is not normally familiar with and in many instances common life safety
systems such as fire alarms that are also part of the infrastructure
of the overall building. Should firewalls be penetrated or any life
safety systems accidentally be tampered with, and a fire ever develop,
the effect on adjoining home owners could result in personal and
property damage or even worse a fatality. Chairman Vallieres concluded
by saying that in his opinion, unless the Board disagrees, the repairs
such as changing a light fixture, changing a light switch, or
installing a dimmer switch in place of a light switch is work that the
homeowner could do if done by the homeowner; however, any new
installation of electrical work, that likewise would require a permit
from the local authority, would need to be performed by a properly
licensed person. If the condominium or townhouse is a single stand
alone structure not connected to any other dwelling unit, the
homeowner would be allowed to perform his/her own electrical work
without a license based on the exemption of the law.
The Board agreed with Chairman Vallieres and requested that Director
Richard Hurlburt forward a letter of clarification on behalf of the
Electrical Work Examining Board to the State Building Official,
Christopher Laux, and request that he distribute this letter to all
the local building officials.
Director Hurlburt requested Board Secretary Booth submit the language
to him as it will appear in the February 13, 2004 Minutes, so he could
draft a letter to Mr. Laux. The language was submitted from Board
Secretary Booth to Director Hurlburt on Monday, 2/23. A follow up
email was sent from Board Secretary Booth to Director Hurlburt on 2/25
inquiring about the letter. No response was received.
At the Friday, March 12, 2004 meeting, Director Hurlburt when asked
about the letter to be sent to Mr. Laux replied, “Now that the March
12th Minutes have been passed, I will draft a letter.”
During last month’s proceedings, the Board noted that no letter had
been written. Director Hurlburt when asked about the letter to be sent
to Mr. Laux replied, “Now that the Minutes have been passed, I will
draft a letter.” Chairman Laurence Vallieres asked that this item
remain on the agenda until a letter is issued to Mr. Laux on this
matter.
This matter was addressed as Item 7 under the heading “Correspondence”
above. Chairman Laurence Vallieres commented that this matter is
closed and may now be removed from the agenda as an ongoing item.
2. Reminder: At the November 14, 2003 meeting, Board Member Lewis
Stanio provided a copy of a document “White Paper In Opposition to:
Amendments Proposed by the Electrical Work Examining Board to CT
General Statutes Section 20-340(4) and CT General Statutes Section
20-330(2)”. The document is in direct opposition to the Board’s
“Proposed Legislative Changes to Chapters 393 and 394” submitted to
former Consumer Protection Commissioner, James Fleming, for approval
in August 2003.
Chairman Laurence Vallieres advised the Board that he, Board Member
Kenneth Leech and Director Richard Hurlburt met with Commissioner
Edwin Rodriguez to check on the status of their legislative submission
regarding changes to Chapters 393 and 394 of the Regulations, and to
discuss their position concerning these changes. Commissioner
Rodriguez commented that the document must be re-submitted to the
Commissioner’s Office for consideration at the January 2005
legislative session. Chairman Vallieres further commented that prior
to resubmitting this package, the language concerning “fiber optics”
will need reviewing, since the Supreme Court ruled that fiber optic
work is not considered to be “electrical work”, even though it
transmits and transforms energy and is used extensively in electrical
and telecommunications work. Fiber Optics is currently not licensable.
The revised legislative package must be submitted to the
Commissioner’s Office by the end of August 2004.
Chairman Laurence Vallieres stated that he will follow up with
Commissioner Edwin Rodriguez in the near future.
3. Continuing Education for Occupational Trades
The Board reviewed the School Application packet as well as the
document entitled “Continued Education for Electricians for
2004-2005”. The Board noted few changes to both documents.
Board Member Roger Johnson made a motion to approve these documents
based on the corrections to be made. The motion was seconded by Board
Member Raymond Turri. The motion carried unanimously.
Postponed Formal Administrative Hearings: None
Formal Administrative Hearings:
1. Carl M. Miele Docket No. 04-550
At all times relevant herein, the Respondent, Carl M. Miele resided
and or in engaged in business in Waterbury, CT. Respondent is and has
been the holder of an unlimited Electrical license, number 125712,
type E-1. At times during the period August 20, 2002 and October20,
2002, the Respondent caused Electrical work to be performed by a
person or persons who were improperly licensed and/or not licensed or
registered in accordance with Chapter 393 of the Connecticut General
Statutes on a job site located at 116-118 New Britain Ave.,
Plainville, Connecticut. At times during the period August 20, 2002
and October 20, 2002, the Respondent performed or caused to perform
work in an incompetent or negligent manner on a job site located at
116-118 New Britain Ave., Plainville, Connecticut. The Respondent
violated applicable state statue and/or municipal code and/or
generally accepted trade practice in regards to work performed
referred to in Paragraph 4 (of the detailed complaint).
CONCLUSION:
The Board found Mr. Miele, who did not appear today, guilty of causing
electrical work to be performed by unlicensed people, performing
incompetent and negligent work, and five code violations.
ORDER:
Board Member Michael Muthersbuagh made a motion to issue an Immediate
Order of Discontinuance; a Civil Penalty totaling $20,500.00:
$1,000.00 for the first unlicensed person, $1,500.00 for the second
unlicensed person, $3,000.00 for performing incompetent and negligent
work, $3,000.00 for each of the five code violations found; and the
revocation of Mr. Miele’s E-1 electrical license, ELC.125712. The
motion was seconded by Board Member Douglas Reid. The motion carried
unanimously.
2. Christine Vachon Docket No. 04-551
At all times relevant herein the Respondent, Christine Vachon, engaged
in business or resided in Waterbury, CT. At all times relevant herein
the Respondent was employed by En Route Electric, LLC Waterbury,
Connecticut. At all times relevant herein, the Respondent did not
possess a certificate, license or registration issued by this Board to
engage in electrical work in the State of Connecticut. At times
between August 20, 2002 and October 20, 2002, the Respondent engaged
in electrical work in Plainville and surrounding areas in the State of
Connecticut which required a license pursuant to Chapter 393 of the
Connecticut General Statutes. At times between August 20, 2002 and
October 20, 2002, the Respondent performed electrical work on a job
site at 116-118 New Britain Ave. Plainville, Connecticut.
CONCLUSION:
The Board found Ms Vachon, who did not appear today, guilty of
performing electrical work without a valid certificate, license or
registration issued by this Board to engage in electrical work in the
State of Connecticut.
ORDER:
Board Member Raymond Turri made a motion to issue an Immediate Order
of Discontinuance and no Civil Penalty ($0.00). The motion was
seconded by Board Member Douglas Reid. The motion carried with one
dissent. (Board Members Muthersbaugh, Turri, Johnson, Reid and Ceuch
approved the motion. Board Member Halpert opposed the motion.)
3. Gregg Brenneman Docket No. 04-552
At all times relevant herein the Respondent, Gregg Brenneman, engaged
in business or resided in Waterbury, CT. At all times relevant herein
the Respondent was employed by En Route Electric, LLC, Waterbury,
Connecticut. At all times relevant herein, the Respondent did not
possess a certificate, license or registration issued by this Board to
engage in electrical work in the State of Connecticut. At times
between August 20, 2002 and October 20, 2002, the Respondent engaged
in electrical work in Plainville and surrounding areas in the State of
Connecticut which required a license pursuant to Chapter 393 of the
Connecticut General Statutes. At times between August 20, 2002 and
October 20, 2002, the Respondent performed electrical work on a job
site at 116-118 New Britain Ave. Plainville, Connecticut.
CONCLUSION:
The Board found Mr. Brenneman, who did not appear today, guilty of
performing electrical work without a valid certificate, license or
registration issued by this Board to engage in electrical work in the
State of Connecticut.
ORDER:
Board Member Douglas Reid made a motion to issue an Immediate Order of
Discontinuance and a Civil Penalty of $1,000.00 waived. The motion was
seconded by Board Member Raymond Turri. The motion carried
unanimously.
Final Decisions and Orders Presented and were Signed:
The following Final Decisions and Orders were submitted by France Lee,
DCP Paralegal, to Chairman Laurence Vallieres:
1. William J. Herlth Docket No. 03-639
Final Decisions and Orders Presented and were not Signed: None
There being no further business, a motion was made by Board Member
Beverly Ceuch to adjourn the meeting.
The motion was seconded by Board Member Michael Muthersbaugh.
The motion carried unanimously.
The meeting adjourned at 12:35 p.m.
Respectfully submitted,
Judith R. Booth, Board Secretary
1
Electrical Board Meeting of July 9, 2004