Dear Honorable Green,
The Attorney General has received your request for an official opinion asking, in effect:
1. Under the Electrical License Act, 59 Ohio St. 1680 (1985) et seq. (the "Act") are state electrical licenses required for persons performing the work of a journeyman electrician or electrical con tractor outside incorporated cities or towns where no local ordinances regulate such work?
2. Who has the authority to enforce wiring standards as set forth in the Act throughout the State?
The Electrical License Act provides for a statewide system of examination and licensing of electrical contractors and journeyman electricians through a committee of electrical examiners (the "Committee") created to administer examinations for licensing, 59 O.S.1683 (1985), and to certify to the State Commissioner of Health as to those applicants qualified for licensing. 59 Ohio St. 1685 (1985). Under 59O.S. 1690 of the Act it is a misdemeanor for any person to perform the work of a journeyman electrician or to act as an electrical contractor without a license.
Title 59 Ohio St. 1692(B) (1985) states:
"Nothing in the Electrical License Act shall be construed to require:
"1. Employment of a licensed electrical contractor, journeyman electrician or electrical apprentice except as required by local ordinances and resolutions[.]"
The fundamental rule of statutory construction is to ascertain and give effect to the intention of the Legislature as expressed in the statute.Jackson v. Independent School District No. 16 of Payne County,
With regard to your second question, 59 Ohio St. 1693(B) of the Act provides that any city or town may create an office of electrical inspector to inspect and issue certificates of completion on electrical work after such inspection. Section 59 Ohio St. 1696 of the Act requires each state licensed electrical contractor and journeyman electrician to register with the local authorities in the jurisdiction in which he operates. Section 59 Ohio St. 1696 of the Act also provides:
"Nothing in the Electrical License Act shall prohibit cities and towns from having full authority to provide supervision and inspection of electrical facilities by the enactment of codes, ordinances, bylaws, rules and regulations in such form as they may determine and prescribe; provided, that no such codes, ordinances, bylaws, rules or regulations shall be inconsistent with the Electrical License Act, or any rule or regulation adopted or prescribed by the State Board of Health as authorized by the Electrical License Act." (Emphasis added).
Section 59 Ohio St. 1696 can only be interpreted to provide that supervision and inspection of electrical facilities for compliance with the Act remains with the local authorities where the local jurisdiction has created the office of electrical inspector. Richards, supra. The State Commissioner of Health and the Committee have authority to insure compliance with the Act through their powers to revoke or suspend licenses for noncompliance. 59 Ohio St. 1689 (1985).
It is, therefore, the official opinion of the Attorney Generalthat:
1. The Electrical License Act, codified at 59 O.S. 1680 (1986) et seq., requires licensing by the State of Oklahoma of all journeyman electricians, and electrical contractors, and registration of all electrical apprentices regardless of local regulating ordinances.
2. Municipal electrical inspectors have full authority to provide supervision and inspection of electrical facilities as provided in 59 Ohio St. 1696 (1985) of the Electrical License Act. The State Board of Health has the authority to insure compliance with the Act through the powers to revoke or suspend licenses issued under the Act. 59 Ohio St. 1689 (1985).
MICHAEL C. TURPEN, ATTORNEY GENERAL OF OKLAHOMA
SUSAN BRIMER AGOSTA, ASSISTANT ATTORNEY GENERAL CHIEF, LEGAL SERVICES
M. LOUISE HIBBARD, ASSISTANT ATTORNEY GENERAL