2007 Bill Text IA H.B. 897
VERSION: Passed First House

VERSION-DATE: April 27, 2007

SYNOPSIS:

A BILL FOR

An Act establishing statewide licensure and certification of electricians and
installers, providing for inspections, establishing fees, and providing
penalties.


TEXT: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1. Section 100.1, subsection 7, Code 2007, is amended to read as
follows:

7. To administer the fire extinguishing system contractor [A> , ALARM SYSTEM
CONTRACTOR, AND ALARM SYSTEM INSTALLER <A] certification program established
in chapter 100C.

Sec. 2. Section 100C.1, Code 2007, is amended by adding the following new
subsections:

NEW SUBSECTION. 0A. "Alarm system" means a system or portion of a combination
system that consists of components and circuits arranged to monitor and
annunciate the status of a fire alarm, security alarm, or medical alarm or
supervisory signal-initiating devices and to initiate the appropriate response to
those signals.

NEW SUBSECTION. 0B. "Alarm system contractor" means a person engaging in or
representing oneself as engaging in the activity or business of layout,
installation, repair, alteration, addition, maintenance, or maintenance inspection of
alarm systems in this state.

NEW SUBSECTION. 0C. "Alarm system installer" means an employee of an alarm
system contractor who is engaged in the layout, installation, repair,
alteration, addition, maintenance, or maintenance inspection of alarm systems.

Sec. 3. Section 100C.1, subsection 10, Code 2007, is amended by striking the
subsection and inserting in lieu thereof the following:

10. "Responsible managing employee" means one of the following:

a. An owner, partner, officer, or manager employed full-time by a fire
extinguishing system contractor who is certified by the national institute for
certification in engineering technologies at a level three in fire protection
technology, automatic sprinkler system layout, or another certification in
automatic sprinkler system layout recognized by rules adopted by the fire marshal
pursuant to section 100C.7 or who meets any other criteria established by rule.

b. An owner, partner, officer, or manager employed full-time by an alarm
system contractor who is certified by the national institute for certification in
engineering technologies in fire alarm systems or security systems at a level
established by the fire marshal by rule or who meets any other criteria
established by rule under this chapter. The rules may provide for separate
endorsements for fire, security, and medical alarm systems and may require separate
qualifications for each.

Sec. 4. Section 100C.2, Code 2007, is amended to read as follows:

100C.2 CERTIFICATION -- EMPLOYEES.

1. A person shall not act as a fire extinguishing system contractor without
first obtaining a fire extinguishing system contractor's certificate pursuant
to this chapter.

[A> 2. A PERSON SHALL NOT ACT AS AN ALARM SYSTEM CONTRACTOR WITHOUT FIRST
OBTAINING AN ALARM SYSTEM CONTRACTOR'S CERTIFICATE PURSUANT TO THIS CHAPTER. A
PERSON SHALL NOT ACT AS AN ALARM SYSTEM INSTALLER WITHOUT FIRST OBTAINING AN
ALARM SYSTEM CONTRACTOR'S OR ALARM SYSTEM INSTALLER'S CERTIFICATE PURSUANT TO
THIS CHAPTER. <A]

[D> 2. <D] [A> 3. A. <A] A responsible managing employee may act as a
responsible managing employee for only one fire extinguishing system contractor at a
time. The responsible managing employee shall not be designated as the
responsible managing employee for more than two fire extinguishing system contractors
in any twelve-month period.

[A> B. A RESPONSIBLE MANAGING EMPLOYEE MAY ACT AS A RESPONSIBLE MANAGING
EMPLOYEE FOR ONLY ONE ALARM SYSTEM CONTRACTOR AT A TIME. THE RESPONSIBLE MANAGING
EMPLOYEE SHALL NOT BE DESIGNATED AS THE RESPONSIBLE MANAGING EMPLOYEE FOR MORE
THAN TWO ALARM SYSTEM CONTRACTORS IN ANY TWELVE-MONTH PERIOD. <A]

[A> C. A RESPONSIBLE MANAGING EMPLOYEE MAY SERVE AS THE RESPONSIBLE MANAGING
EMPLOYEE FOR A FIRE EXTINGUISHING SYSTEM CONTRACTOR AND AN ALARM SYSTEM
CONTRACTOR AT THE SAME TIME, PROVIDED THAT THE FIRE EXTINGUISHING SYSTEM CONTRACTOR
AND THE ALARM SYSTEM CONTRACTOR ARE THE SAME BUSINESS, AND THAT THE PERSON
DESIGNATED AS THE RESPONSIBLE MANAGING EMPLOYEE MEETS THE RESPONSIBLE MANAGING
EMPLOYEE CRITERIA ESTABLISHED FOR EACH CERTIFICATION. <A]

[D> 3. <D] [A> 4. A. <A] An employee of a certified fire extinguishing system
contractor working under the direction of a responsible managing employee is
not required to obtain and maintain an individual fire extinguishing system
contractor's certificate.

[A> B. AN EMPLOYEE OF A CERTIFIED ALARM SYSTEM CONTRACTOR WHO IS AN ALARM
SYSTEM INSTALLER, AND WHO IS NOT LICENSED PURSUANT TO CHAPTER 103 SHALL OBTAIN
AND MAINTAIN CERTIFICATION AS AN ALARM SYSTEM INSTALLER AND SHALL MEET AND
MAINTAIN QUALIFICATIONS ESTABLISHED BY THE STATE FIRE MARSHAL BY RULE. <A]

Sec. 5. Section 100C.3, Code 2007, is amended to read as follows:

100C.3 APPLICATION -- INFORMATION TO BE PROVIDED.

1. A fire extinguishing system contractor [A> , AN ALARM SYSTEM CONTRACTOR,
OR AN ALARM SYSTEM INSTALLER <A] shall apply for a certificate on a form
prescribed by the state fire marshal. The application shall be accompanied by a fee
in an amount prescribed by rule pursuant to section 100C.7 and shall include
all of the following information [A> , AS APPLICABLE <A] :

a. The name, address, and telephone number of the contractor [A> OR INSTALLER
AND, IN THE CASE OF AN INSTALLER, THE NAME AND CERTIFICATION NUMBER OF THE
CONTRACTOR BY WHOM THE INSTALLER IS EMPLOYED <A] , including all legal and
fictitious names.

b. Proof of insurance coverage required by section 100C.4.

c. The name and qualifications of the person designated as the contractor's
responsible managing employee and of persons designated as alternate
responsible managing employees.

d. Any other information deemed necessary by the state fire marshal.

2. Upon receipt of a completed application and prescribed fees, if the
contractor [A> OR INSTALLER <A] meets all requirements established by this chapter,
the state fire marshal shall issue a certificate to the [D> fire extinguishing
system <D] contractor [A> OR INSTALLER <A] within thirty days.

3. Certificates shall expire and be renewed as established by rule pursuant
to section 100C.7.

4. Any change in the information provided in the application shall be
promptly reported to the state fire marshal. When the employment of a responsible
managing employee is terminated, the [D> fire extinguishing system <D] contractor
shall notify the state fire marshal within thirty days after termination.

Sec. 6. Section 100C.4, Code 2007, is amended to read as follows:

100C.4 INSURANCE.

[A> 1. <A] A fire extinguishing system contractor shall maintain general and
complete operations liability insurance for the layout, installation, repair,
alteration, addition, maintenance, and inspection of automatic fire
extinguishing systems in an amount determined by the state fire marshal by rule.

[A> 2. AN ALARM SYSTEM CONTRACTOR SHALL MAINTAIN GENERAL AND COMPLETE
OPERATIONS LIABILITY INSURANCE FOR THE LAYOUT, INSTALLATION, REPAIR, ALTERATION,
ADDITION, MAINTENANCE, AND INSPECTION OF ALARM SYSTEMS IN AN AMOUNT DETERMINED BY
THE STATE FIRE MARSHAL BY RULE. <A]

Sec. 7. Section 100C.5, subsection 1, Code 2007, is amended to read as
follows:

1. The state fire marshal shall suspend or revoke the certificate of any [D>
fire extinguishing system <D] contractor [A> OR INSTALLER <A] who fails to
maintain compliance with the conditions necessary to obtain a certificate. A
certificate may also be suspended or revoked if any of the following occur:

a. The employment or relationship of a responsible managing employee with a
[D> fire extinguishing system <D] contractor is terminated, unless the [D> fire
extinguishing system <D] contractor has included a qualified alternate on the
application or an application designating a new responsible managing employee
is filed with the state fire marshal within six months after the termination.

b. The contractor [A> OR INSTALLER <A] fails to comply with any provision of
this chapter.

c. The contractor [A> OR INSTALLER <A] fails to comply with any other
applicable codes and ordinances.

Sec. 8. Section 100C.6, subsection 2, Code 2007, is amended to read as
follows:

2. Limit the power of the state or a political subdivision of the state to
regulate the quality and character of work performed by [D> fire extinguishing
system <D] contractors [A> OR INSTALLERS <A] through a system of fees, permits,
and inspections designed to ensure compliance with, and aid in the
administration of, state and local building codes or to enforce other local laws for the
protection of the public health and safety.

Sec. 9. Section 100C.7, Code 2007, is amended to read as follows:

100C.7 ADMINISTRATION -- RULES.

The state fire marshal shall administer this chapter and, after consultation
with the fire extinguishing system contractors [A> AND ALARM SYSTEMS <A]
advisory board, shall adopt rules pursuant to chapter 17A necessary for the
administration and enforcement of this chapter.

Sec. 10. Section 100C.10, Code 2007, is amended to read as follows:

100C.10 FIRE EXTINGUISHING SYSTEM CONTRACTORS [A> AND ALARM SYSTEMS <A]
ADVISORY BOARD.

1. A fire extinguishing system contractors [A> AND ALARM SYSTEMS <A] advisory
board is established in the division of state fire marshal of the department
of public safety and shall advise the division on matters pertaining to the
application and certification of [D> fire extinguishing system <D] contractors
[A> AND INSTALLERS <A] pursuant to this chapter.

2. The board shall consist of [D> seven <D] [A> ELEVEN <A] voting members
appointed by the commissioner of public safety as follows:

a. Two full-time fire officials of incorporated municipalities or counties.

b. One full-time building official of an incorporated municipality or county.

c. [D> Two <D] [A> THREE <A] fire extinguishing system contractors, certified
pursuant to this chapter, of which at least one shall be a water-based fire
sprinkler contractor.

[A> D. THREE ALARM SYSTEM CONTRACTORS, CERTIFIED PURSUANT TO THIS CHAPTER, AT
LEAST ONE OF WHOM SHALL HAVE EXPERIENCE WITH FIRE ALARM SYSTEMS, AT LEAST ONE
OF WHOM SHALL HAVE EXPERIENCE WITH SECURITY ALARM SYSTEMS, AND AT LEAST ONE
OF WHOM SHALL HAVE EXPERIENCE WITH MEDICAL ALARM SYSTEMS. <A]

[D> d. <D] [A> E. <A] One professional engineer or architect licensed in the
state.

[D> e. <D] [A> F. <A] One representative of the general public.

3. The state fire marshal, or the state fire marshal's designee, [A> AND THE
CHAIRPERSON OF THE ELECTRICAL EXAMINING BOARD CREATED IN SECTION 103.2 <A]
shall be [D> a <D] nonvoting ex officio [D> member <D] [A> MEMBERS <A] of the
board.

4. The commissioner shall initially appoint two members for two-year terms,
two members for four-year terms, and three members for six-year terms.
Following the expiration of the terms of initially appointed members, each term
thereafter shall be for a period of six years. No member shall serve more than two
consecutive terms. [A> OF THE APPOINTMENTS TO NEW POSITIONS ON THE BOARD WHICH
TAKE EFFECT JULY 1, 2007, THE COMMISSIONER SHALL MAKE THE INITIAL APPOINTMENTS
FOR TWO, FOUR, OR SIX YEARS, AT THE COMMISSIONER'S DISCRETION, SO THAT THE
TERMS OF NO MORE THAN FOUR BOARD MEMBERS SHALL EXPIRE AT THE SAME TIME. IF A
POSITION ON THE BOARD BECOMES VACANT PRIOR TO THE EXPIRATION OF A MEMBER'S TERM,
THE MEMBER APPOINTED TO THE VACANCY SHALL SERVE THE BALANCE OF THE UNEXPIRED
TERM. <A]

5. [D> Four <D] [A> SIX <A] voting members of the advisory board shall
constitute a quorum. A majority vote of the board shall be required to conduct
business.

Sec. 11. NEW SECTION. 103.1 DEFINITIONS.

As used in this chapter, unless the context otherwise requires:

1. "Apprentice electrician" means any person who as such person's principal
occupation is engaged in learning and assisting in the installation,
alteration, and repair of electrical wiring, apparatus, and equipment as an employee of
a person licensed under this chapter, and who is licensed by the board and is
progressing toward completion of an apprenticeship training program registered
by the bureau of apprenticeship and training of the United States department
of labor. For purposes of this chapter, persons who are not engaged in the
installation, alteration, or repair of electrical wiring, apparatus, and
equipment, either inside or outside buildings, shall not be considered apprentice
electricians.

2. "Board" means the electrical examining board created under section 103.2.

3. "Class A journeyman electrician" means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for or
install electrical wiring, apparatus, and equipment and to supervise apprentice
electricians and who is licensed by the board.

4. "Class A master electrician" means a person having the necessary
qualifications, training, experience, and technical knowledge to properly plan, lay
out, and supervise the installation of electrical wiring, apparatus, and
equipment for light, heat, power, and other purposes and who is licensed by the board.

5. "Class B journeyman electrician" means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for or
install electrical wiring, apparatus, and equipment who meets and is subject to the
restrictions of section 103.12.

6. "Class B master electrician" means a person having the necessary
qualifications, training, experience, and technical knowledge to properly plan, lay
out, and supervise the installation of electrical wiring, apparatus, and
equipment who meets and is subject to the restrictions of section 103.10.

7. "Commercial installation" means an installation intended for commerce, but
does not include a residential installation.

8. "Electrical contractor" means a person affiliated with an electrical
contracting firm or business who is licensed by the board as either a class A or
class B master electrician and who is also registered with the state of Iowa as
a contractor.

9. "Industrial installation" means an installation intended for use in the
manufacture or processing of products involving systematic labor or habitual
employment and includes installations in which agricultural or other products are
habitually or customarily processed or stored for others, either by buying or
reselling on a fee basis.

10. "Inspector" means a person certified as an electrical inspector upon such
reasonable conditions as may be adopted by the board. The board may permit
more than one class of electrical inspector.

11. "New electrical installation" means the installation of electrical
wiring, apparatus, and equipment for light, heat, power, and other purposes.

12. "Public use building or facility" means any building or facility
designated for public use, including all property owned and occupied or designated for
use by the state of Iowa.

13. "Residential installation" means an installation intended for a
single-family or two-family residential dwelling or a multifamily residential dwelling
not larger than a four-family dwelling.

14. "Routine maintenance" means the repair or replacement of existing
electrical apparatus or equipment of the same size and type for which no changes in
wiring are made.

15. "Special electrician" means a person having the necessary qualifications,
training, and experience in wiring or installing special classes of
electrical wiring, apparatus, equipment, or installations which shall include
irrigation system wiring, disconnecting and reconnecting of existing air conditioning
and refrigeration, and sign installation and who is licensed by the board.

16. "Unclassified person" means any person, other than an apprentice
electrician or other person licensed under this chapter, who, as such person's
principal occupation, is engaged in learning and assisting in the installation,
alteration, and repair of electrical wiring, apparatus, and equipment as an
employee of a person licensed under this chapter, and who is licensed by the board as
an unclassified person. For purposes of this chapter, persons who are not
engaged in the installation, alteration, or repair of electrical wiring,
apparatus, and equipment, either inside or outside buildings, shall not be considered
unclassified persons.

Sec. 12. NEW SECTION. 103.2 ELECTRICAL EXAMINING BOARD CREATED.

1. An electrical examining board is created within the division of state fire
marshal of the department of public safety. The board shall consist of eleven
voting members appointed by the governor and subject to senate confirmation,
all of whom shall be residents of this state.

2. The members shall be as follows:

a. Two members shall be journeyman electricians, one a member of an
electrical workers union covered under a collective bargaining agreement and one not a
member of a union.

b. Two members shall be master electricians or electrical contractors, one of
whom is a contractor signed to a collective bargaining agreement or a master
electrician covered under a collective bargaining agreement and one of whom is
a nonunion contractor or a master electrician who is not a member of a union.

c. One member shall be an electrical inspector.

d. Two members, one a union member covered under a collective bargaining
agreement and one a nonunion member, shall not be a member of any of the
aforementioned groups and shall represent the general public.

e. One member shall be the state fire marshal or a representative of the
state fire marshal's office.

f. One member shall be a local building official employed by a political
subdivision to perform electrical inspections for that political subdivision.

g. One member shall represent a public utility.

h. One member shall be an engineer licensed pursuant to chapter 542B with a
background in electrical engineering.

3. The public members of the board shall be allowed to participate in
administrative, clerical, or ministerial functions incident to giving a licensure
examination, but shall not determine the content of the examination or determine
the correctness of the answers. Professional associations or societies
composed of licensed electricians may recommend to the governor the names of
potential board members whose profession is representative of that association or
society. However, the governor is not bound by the recommendations. A board member
shall not be required to be a member of any professional electrician
association or society.

Sec. 13. NEW SECTION. 103.3 TERMS OF OFFICE -- EXPENSES -- COUNSEL.

1. Appointments to the board, other than the state fire marshal or a
representative of the state fire marshal's office, shall be for three-year staggered
terms and shall commence and end as provided by section 69.19. The most
recently appointed state fire marshal, or a representative of the state fire
marshal's office, shall be appointed to the board on an ongoing basis. Vacancies shall
be filled for the unexpired term by appointment of the governor and shall be
subject to senate confirmation. Members shall serve no more than three terms
or nine years, whichever is least.

2. Members of the board are entitled to receive all actual expenses incurred
in the discharge of their duties within the limits of funds appropriated to
the board. Each member of the board may also be eligible to receive compensation
as provided in section 7E.6.

3. The board shall be entitled to the counsel and services of the attorney
general. The board may compel the attendance of witnesses, pay witness fees and
mileage, take testimony and proofs, and administer oaths concerning any matter
within its jurisdiction.

Sec. 14. NEW SECTION. 103.4 ORGANIZATION OF THE BOARD.

The board shall elect annually from its members a chairperson and a vice
chairperson, and shall hire and provide staff to assist the board in administering
this chapter. An executive secretary designated by the board shall report to
the state fire marshal for purposes of routine board administrative functions,
and shall report directly to the board for purposes of execution of board
policy such as application of licensing criteria and processing of applications.
The board shall hold at least one meeting quarterly at the location of the
board's principal office, and meetings shall be called at other times by the
chairperson or four members of the board. At any meeting of the board, a majority
of members constitutes a quorum.

Sec. 15. NEW SECTION. 103.5 OFFICIAL SEAL -- BYLAWS.

The board shall adopt and have an official seal which shall be affixed to all
certificates of licensure granted.

Sec. 16. NEW SECTION. 103.6 POWERS AND DUTIES.

The board shall:

1. Adopt rules pursuant to chapter 17A and in doing so shall be governed by
the minimum standards set forth in the most current publication of the national
electrical code issued and adopted by the national fire protection
association, and amendments to the code, which code and amendments shall be filed in the
offices of the secretary of state and the board and shall be a public record.
The board shall adopt rules reflecting updates to the code and amendments to
the code. The board shall promulgate and adopt rules establishing wiring
standards that protect public safety and health and property and that apply to all
electrical wiring which is installed subject to this chapter.

2. Revoke, suspend, or refuse to renew any license granted pursuant to this
chapter when the licensee:

a. Fails or refuses to pay any examination, license, or renewal fee required
by law.

b. Is an electrical contractor and fails or refuses to provide and keep in
force a public liability insurance policy and surety bond as required by the
board.

c. Violates any political subdivision's inspection ordinances.

The board may, in its discretion, revoke, suspend, or refuse to renew any
license granted pursuant to this chapter when the licensee violates any provision
of the national electrical code as adopted pursuant to subsection 1, this
chapter, or any rule adopted pursuant to this chapter.

3. Adopt rules for continuing education requirements for each classification
of licensure established pursuant to this chapter, and adopt all rules, not
inconsistent with the law, necessary for the proper performance of the duties of
the board.

4. Provide for the amount and collection of fees for inspection and other
services.

Sec. 17. NEW SECTION. 103.7 ELECTRICIAN AND INSTALLER LICENSING AND
INSPECTION FUND.

An electrician and installer licensing and inspection fund is created in the
state treasury as a separate fund under the control of the board. All
licensing, examination, renewal, and inspection fees shall be deposited into the fund
and retained by and for the use of the board. Expenditures from the fund shall
be approved by the sole authority of the board in consultation with the state
fire marshal. Amounts deposited into the fund shall be considered repayment
receipts as defined in section 8.2. Notwithstanding section 8.33, any balance
in the fund on June 30 of each fiscal year shall not revert to the general fund
of the state, but shall remain available for the purposes of this chapter in
subsequent fiscal years. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys deposited in the fund shall be credited to the fund.

Sec. 18. NEW SECTION. 103.8 PLAN, LAY OUT, OR SUPERVISE CERTAIN ACTIVITIES
-- LICENSE REQUIRED -- EXCEPTIONS.

Except as provided in sections 103.13 and 103.14, no person shall, for
another, plan, lay out, or supervise the installation of wiring, apparatus, or
equipment for electrical light, heat, power, and other purposes unless the person
is licensed by the board as an electrical contractor, a class A master
electrician, or a class B master electrician.

Sec. 19. NEW SECTION. 103.9 ELECTRICAL CONTRACTOR LICENSE.

1. An applicant for an electrical contractor license shall either be or
employ a licensed class A or class B master electrician, and be registered with the
state of Iowa as a contractor.

2. A contractor who holds a class B master electrician license shall be
licensed subject to the restrictions of section 103.10.

Sec. 20. NEW SECTION. 103.10 CLASS A MASTER ELECTRICIAN LICENSE --
QUALIFICATIONS -- CLASS B MASTER ELECTRICIAN LICENSE.

1. An applicant for a class A master electrician license shall have at least
one year's experience, acceptable to the board, as a licensed class A or class
B journeyman electrician.

2. In addition, an applicant shall meet examination criteria based upon the
most recent national electrical code adopted pursuant to section 103.6 and upon
electrical theory, as determined by the board.

3. a. An applicant who can provide proof acceptable to the board that the
applicant has been working in the electrical business and involved in planning
for, laying out, supervising, and installing electrical wiring, apparatus, or
equipment for light, heat, and power prior to 1990 may be granted a class B
master electrician license without taking an examination. An applicant who is
issued a class B master electrician license pursuant to this section shall not be
authorized to plan, lay out, or supervise the installation of electrical
wiring, apparatus, and equipment in a political subdivision which, prior to or
after the effective date of this section of this Act, establishes licensing
standards which preclude such work by class B master electricians in the political
subdivision. The board shall adopt rules establishing procedures relating to
the restriction of a class B master electrician license pursuant to this
subsection.

b. A class B master electrician may become licensed as a class A master
electrician upon successful passage of the examination prescribed in subsection 2.

4. A person licensed to plan, lay out, or supervise the installation of
electrical wiring, apparatus, or equipment for light, heat, power, and other
purposes and supervise apprentice electricians by a political subdivision preceding
the effective date of this section of this Act pursuant to a supervised
written examination, and who is currently engaged in the electrical contracting
industry, shall be issued an applicable statewide license corresponding to that
licensure as a class A master electrician or electrical contractor. The board
shall adopt by rule certain criteria for city examination standards satisfactory
to fulfill this requirement.

Sec. 21. NEW SECTION. 103.11 WIRING OR INSTALLING -- SUPERVISING
APPRENTICES -- LICENSE REQUIRED -- QUALIFICATIONS.

Except as provided in section 103.13, no person shall, for another, wire for
or install electrical wiring, apparatus, or equipment, or supervise an
apprentice electrician or unclassified person, unless the person is licensed by the
board as an electrical contractor, a class A master electrician, a class B
master electrician, or is licensed as a class A journeyman electrician, or a class
B journeyman electrician, and is employed by an electrical contractor, a
class A master electrician, a class B master electrician.

Sec. 22. NEW SECTION. 103.12 CLASS A JOURNEYMAN ELECTRICIAN LICENSE
QUALIFICATIONS -- CLASS B JOURNEYMAN ELECTRICIAN LICENSE.

1. An applicant for a class A journeyman electrician license shall have
successfully completed an apprenticeship training program registered by the bureau
of apprenticeship and training of the United States department of labor in
accordance with the standards established by that department. An applicant may
petition the board to receive a waiver of this requirement. The board shall
determine a level of on-the-job experience as an unclassified person sufficient to
qualify for a waiver.

2. In addition, an applicant shall obtain a score of at least seventy-five
percent on an examination prescribed and administered by the board based upon
the most recent national electrical code adopted pursuant to section 103.6 and
upon electrical theory.

3. a. An applicant who can provide proof acceptable to the board that the
applicant has been employed as a journeyman electrician since 1990 may be granted
a class B journeyman electrician license without taking an examination. An
applicant who is issued a class B journeyman electrician license pursuant to
this section shall not be authorized to wire for or install electrical wiring,
apparatus, and equipment in a political subdivision which, prior to or after the
effective date of this section of this Act, establishes licensing standards
which preclude such work by class B journeyman electricians in the political
subdivision. The board shall adopt rules establishing procedures relating to the
restriction of a class B journeyman electrician license pursuant to this
subsection.

b. A class B journeyman electrician may become licensed as a class A
journeyman electrician upon successful passage of the examination prescribed in
subsection 2.

4. A person licensed to wire for or install electrical wiring, apparatus, or
equipment or supervise an apprentice electrician by a political subdivision
preceding the effective date of this section of this Act pursuant to a
supervised written examination, and who is currently engaged in the electrical
contracting industry with at least four years' experience, shall be issued an
applicable statewide license corresponding to that licensure as a class A journeyman
electrician or a class B journeyman electrician. The board shall adopt by rule
certain criteria for city examination standards satisfactory to fulfill this
requirement.

Sec. 23. NEW SECTION. 103.13 SPECIAL ELECTRICIAN LICENSE --
QUALIFICATIONS.

The board shall by rule provide for the issuance of special electrician
licenses authorizing the licensee to engage in a limited class or classes of
electrical work, which class or classes shall be specified on the license. Each
licensee shall have experience, acceptable to the board, in each such limited
class of work for which the person is licensed.

Sec. 24. NEW SECTION. 103.14 ALARM INSTALLATIONS.

A person who is not licensed pursuant to this chapter may plan, lay out, or
install electrical wiring, apparatus, and equipment for components of alarm
systems that operate at seventy volt/amps (VA) or less, only if the person is
certified to conduct such work pursuant to chapter 100C. Installations of alarm
systems that operate at seventy volt/amps (VA) or less are subject to
inspection by state inspectors as provided in section 103.32, except that reports of
such inspections, if the installation being inspected was performed by a person
certified pursuant to chapter 100C, shall be submitted to the state fire
marshal and any action taken on a report of an inspection of an installation
performed by a person certified pursuant to chapter 100C shall be taken by or at the
direction of the state fire marshal, unless the installation has been found
to exceed the authority granted to the certificate holder pursuant to chapter
100C and therefore to be in violation of this chapter.

Sec. 25. NEW SECTION. 103.15 APPRENTICE ELECTRICIAN -- UNCLASSIFIED
PERSON.

1. A person shall be licensed by the board and pay a licensing fee to work as
an apprentice electrician while participating in an apprenticeship training
program registered by the bureau of apprenticeship and training of the United
States department of labor in accordance with the standards established by that
department. An apprenticeship shall be limited to six years from the date of
licensure, unless extended by the board upon a finding that a hardship existed
which prevented completion of the apprenticeship program. Such licensure
shall entitle the licensee to act as an apprentice to an electrical contractor, a
class A master electrician, a class B master electrician, a class A journeyman
electrician, or a class B journeyman electrician as provided in subsection 3.

2. A person shall be licensed as an unclassified person by the board to
perform electrical work if the work is performed under the personal supervision of
a person actually licensed to perform such work and the licensed and
unclassified persons are employed by the same employer. After one hundred continuous
days of employment as a nonlicensed unclassified person, the unclassified person
must receive a license from the board. Licensed persons shall not permit
unclassified persons to perform electrical work except under the personal
supervision of a person actually licensed to perform such work. Unclassified persons
shall not supervise the performance of electrical work or make assignments of
electrical work to unclassified persons. Electrical contractors employing
unclassified persons performing electrical work shall maintain records establishing
compliance with this section, which shall designate all unclassified persons
performing electrical work.

3. Apprentice electricians and unclassified persons shall do no electrical
wiring except under the direct personal on-the-job supervision and control and
in the immediate presence of a licensee pursuant to this chapter. Such
supervision shall include both on-the-job training and related classroom training as
approved by the board. The licensee may employ or supervise apprentice
electricians and unclassified persons at a ratio not to exceed three apprentice
electricians and unclassified persons to one licensee, except that such ratio and
the other requirements of this section shall not apply to apprenticeship
classroom training.

4. For purposes of this section, "the direct personal on-the-job supervision
and control and in the immediate presence of a licensee" shall mean the
licensee and the apprentice electrician or unclassified person shall be working at
the same project location but shall not require that the licensee and
apprentice electrician or unclassified person be within sight of one another at all
times.

5. An apprentice electrician shall not install, alter, or repair electrical
equipment except as provided in this section, and the licensee employing or
supervising an apprentice electrician shall not authorize or permit such actions
by the apprentice electrician.

Sec. 26. NEW SECTION. 103.16 LICENSE EXAMINATIONS.

1. Examinations for licensure shall be given as often as deemed necessary by
the board, but no less than one time per month. The scope of the examinations
and the methods of procedure shall be prescribed by the board. The
examinations given by the board shall be the experior assessment examination, or a
successor examination approved by the board, or an examination prepared by a
third-party testing service which is substantially equivalent to the experior
assessment examination, or a successor examination approved by the board.

2. An examination may be given by representatives of the board. As soon as
practicable after the close of each examination, a report shall be filed in the
office of the secretary of the board by the board. The report shall show the
action of the board upon each application and the secretary of the board shall
notify each applicant of the result of the applicant's examination. Applicants
who fail the examination once shall be allowed to take the examination at the
next scheduled time. Thereafter, the applicant shall be allowed to take the
examination at the discretion of the board. An applicant who has failed the
examination may request, in writing, information from the board concerning the
applicant's examination grade and subject areas or questions which the applicant
failed to answer correctly, except that if the board administers a uniform,
standardized examination, the board shall only be required to provide the
examination grade and such other information concerning the applicant's examination
results which are available to the board.

Sec. 27. NEW SECTION. 103.17 DISCLOSURE OF CONFIDENTIAL INFORMATION --
CRIMINAL PENALTY.

A member of the board shall not disclose information relating to the
following:

1. Criminal history or prior misconduct of an applicant.

2. Information relating to the contents of an examination.

3. Information relating to examination results other than a final score
except for information about the results of an examination given to the person who
took the examination.

A member of the board who willfully communicates or seeks to communicate such
information, and any person who willfully requests, obtains, or seeks to
obtain such information, is guilty of a simple misdemeanor.

Sec. 28. NEW SECTION. 103.18 LICENSE RENEWAL -- CONTINUING EDUCATION.

In order to renew a class A master electrician, class B master electrician,
class A journeyman electrician, or class B journeyman electrician license
issued pursuant to this chapter, the licensee shall be required to complete
eighteen contact hours of continuing education courses approved by the board during
the three-year period for which a license is granted. The contact hours shall
include a minimum of six contact hours studying the national electrical code
described in section 103.6, and the remaining contact hours may include study of
electrical circuit theory, blueprint reading, transformer and motor theory,
electrical circuits and devices, control systems, programmable controllers, and
microcomputers or any other study of electrical-related material that is
approved by the board. Any additional hours studying the national electrical code
shall be acceptable. For purposes of this section, "contact hour" means fifty
minutes of classroom attendance at an approved course under a qualified
instructor approved by the board.

Sec. 29. NEW SECTION. 103.19 LICENSES -- EXPIRATION -- APPLICATION --
FEES.

1. Licenses issued pursuant to this chapter shall expire every three years,
with the exception of licenses for apprentice electricians and unclassified
persons, which shall expire on an annual basis. All license applications shall
include the applicant's social security number. The board shall establish the
fees to be payable for examination and license issuance and renewal in amounts
not to exceed the following:

a. For examinations:

(1) Class A master electrician, one hundred twenty-five dollars.

(2) Class A journeyman electrician, sixty dollars.

b. For each year of the three-year license period for issuance and renewal:

(1) Electrical contractor, one hundred twenty-five dollars.

(2) Class A master electrician, class B master electrician, one hundred
twenty-five dollars.

(3) Class A journeyman electrician, class B journeyman electrician, or
special electrician, twenty-five dollars.

c. For apprentice electricians, twenty dollars.

2. The holder of an expired license may renew the license for a period of
three months from the date of expiration upon payment of the license fee plus ten
percent of the renewal fee for each month or portion thereof past the
expiration date. All holders of licenses expired for more than three months shall
apply for a new license.

Sec. 30. NEW SECTION. 103.20 LICENSEE STATUS -- EMPLOYMENT -- DEATH.

1. Individuals performing electrical work in a capacity for which licensure
is required pursuant to this chapter shall be employed by the authority or
company obtaining a permit for the performance of such work, and shall possess a
valid license issued by the board.

2. Upon the death of an electrical contractor, a class A master electrician,
or a class B master electrician, the board may permit a representative to
carry on the business of the decedent for a period not to exceed six months for
the purpose of completing work under contract to comply with this chapter. Such
representative shall furnish all public liability and property damage
insurance required by the board.

Sec. 31. NEW SECTION. 103.21 LICENSES WITHOUT EXAMINATION -- RECIPROCITY
WITH OTHER STATES.

To the extent that any other state which provides for the licensing of
electricians provides for similar action, the board may grant licenses, without
examination, of the same grade and class to an electrician who has been licensed
by such other state for at least one year, upon payment by the applicant of the
required fee, and upon the board being furnished with proof that the
qualifications of the applicant are equal to the qualifications of holders of similar
licenses in this state.

Sec. 32. NEW SECTION. 103.22 CHAPTER INAPPLICABILITY.

The provisions of this chapter shall not:

1. Apply to a person licensed as an engineer pursuant to chapter 542B,
registered as an architect pursuant to chapter 544A, licensed as a landscape
architect pursuant to chapter 544B, or designated as lighting certified by the
national council on qualifications for the lighting professions providing
consultations and developing plans concerning electrical installations who is
exclusively engaged in the practice of the person's profession.

2. Require employees of municipal corporations, electric membership or
cooperative associations, public utility corporations, rural water associations or
districts, railroads, telecommunications companies, franchised cable television
operators, or commercial or industrial companies performing manufacturing,
installation, and repair work for such employer to hold licenses while acting
within the scope of their employment.

3. Require any person doing work for which a license would otherwise be
required under this chapter to hold a license issued under this chapter if the
person is the holder of a valid license issued by any political subdivision, so
long as the person makes electrical installations only in the jurisdictional
limits of such political subdivision and such license issued by the political
subdivision meets the requirements of this chapter.

4. Apply to the installation, maintenance, repair, or alteration of vertical
transportation or passenger conveyors, elevators, moving walks, dumbwaiters,
stagelifts, manlifts, or appurtenances thereto beyond the terminals of the
controllers. The licensing of elevator contractors or constructors shall not be
considered a part of the licensing requirements of this chapter.

5. Require a license of any person who engages any electrical appliance where
approved electrical supply is already installed.

6. Prohibit an owner of property from performing work on the owner's
principal residence, if such residence is an existing dwelling rather than new
construction and is not larger than a single-family dwelling, or farm property,
excluding commercial or industrial installations or installations in public use
buildings or facilities, or require such owner to be licensed under this chapter.
In order to qualify for inapplicability pursuant to this subsection, a
residence shall qualify for the homestead tax exemption.

7. Require that any person be a member of a labor union in order to be
licensed.

8. Apply to a person who is qualified pursuant to administrative rules
relating to the storage and handling of liquefied petroleum gases while engaged in
installing, servicing, testing, replacing, or maintaining propane gas
utilization equipment, or gas piping systems of which the equipment is a part, and
related or connected accessory systems or equipment necessary to the operation of
the equipment.

9. Apply to a person who meets the requirements for a well contractor
pursuant to administrative rules while engaged in installing, servicing, testing,
replacing, or maintaining a well or well equipment, or piping systems of which
the equipment is a part, and related or connected accessory systems or equipment
necessary to the operation of the equipment.

10. Apply to a person other than a person performing alarm system
installations engaged in the design, installation, erection, repair, maintenance, or
alteration of class two or class three remote control, signaling, or power-limited
circuits, optical fiber cables or other cabling, or communications circuits,
including raceways, as defined in the national electrical code for voice,
video, audio, and data signals in commercial or residential premises.

Sec. 33. NEW SECTION. 103.23 ELECTRICAL INSTALLATIONS -- SUBJECT TO
INSPECTION.

The inspection and enforcement provisions of this chapter shall apply to the
following:

1. All new electrical installations for commercial or industrial
applications, including installations both inside and outside of buildings, and for public
use buildings and facilities and any installation at the request of the owner.

2. All new electrical installations for residential applications in excess of
single-family residential applications.

3. All new electrical installations for single-family residential
applications requiring new electrical service equipment.

4. Existing electrical installations observed during inspection which
constitute an electrical hazard. Existing installations shall not be deemed to
constitute an electrical hazard if the wiring when originally installed was
installed in accordance with the electrical code in force at the time of installation
and has been maintained in that condition.

Sec. 34. NEW SECTION. 103.24 STATE INSPECTION -- INAPPLICABILITY IN
CERTAIN POLITICAL SUBDIVISIONS -- ELECTRICAL INSPECTORS -- CERTIFICATE OF
QUALIFICATION.

1. No person other than the holder of an electrical inspector's certificate
of qualification shall be appointed to act as an electrical inspector and to
enforce this chapter as an electrical inspector and to enforce this chapter or
any applicable resolution or ordinance within the inspector's jurisdiction. The
board shall establish by rule standards for the certification and
decertification of state electrical inspectors, and certified electrical inspector
continuing education requirements.

2. State inspection shall not apply within the jurisdiction of any political
subdivision which, pursuant to section 103.29, provides by resolution or
ordinance standards of electrical wiring and its installation that are not less
than those prescribed by the board or by this chapter and which further provides
by resolution or ordinance for the inspection of electrical installations
within the limits of such subdivision by a certified electrical inspector. A copy
of the certificate of each electrical inspector shall be provided to the board
by the political subdivision issuing the certificate.

3. State inspection shall not apply to routine maintenance.

Sec. 35. NEW SECTION. 103.25 REQUEST FOR INSPECTION -- FEES.

At or before commencement of any installation required to be inspected by the
board, the licensee or owner making such installation shall submit to the
state fire marshal's office a request for inspection. The board shall prescribe
the methods by which the request may be submitted, which may include electronic
submission or through a form prescribed by the board that can be submitted
either through the mail or by a fax transmission. The board shall also prescribe
methods by which inspection fees can by paid, which may include electronic
methods of payment. If the board or the state fire marshal's office becomes
aware that a person has failed to file a necessary request for inspection, the
board or the state fire marshal's office shall send a written notification by
certified mail that the request must by filed within fourteen days. Any person
filing a late request for inspection shall pay a delinquency fee in an amount to
be determined by the board. Failure to file a late request within fourteen
days shall be subject to a civil penalty to be determined by the board by rule.

Sec. 36. NEW SECTION. 103.26 CONDEMNATION -- DISCONNECTION -- OPPORTUNITY
TO CORRECT NONCOMPLIANCE.

If the inspector finds that any installation or portion of an installation is
not in compliance with accepted standards of construction for safety to
health and property, based upon minimum standards set forth in the local electrical
code or the national electrical code adopted by the board pursuant to section
103.6, the inspector shall by written order condemn the installation or
noncomplying portion or order service to such installation disconnected and shall
send a copy of such order to the board, the state fire marshal, and the
electrical utility supplying power involved. If the installation or the noncomplying
portion is such as to seriously and proximately endanger human health or
property, the order of the inspector when approved by the inspector's superior
shall require immediate condemnation and disconnection by the applicant. In all
other cases, the order of the inspector shall establish a reasonable period of
time for the installation to be brought into compliance with accepted standards
of construction for safety to health and property prior to the effective date
established in such order for condemnation or disconnection.

Sec. 37. NEW SECTION. 103.27 CONDEMNATION OR DISCONNECTION ORDER --
SERVICE.

1. A copy of each condemnation or disconnection order shall be served
personally or by regular mail upon the property owner at the property owner's last
known address, the licensee making the installation, and such other persons as
the board by rule may direct.

2. The electrical utility supplying power shall be served with a copy of any
order which requires immediate disconnection or prohibits energizing an
installation.

Sec. 38. NEW SECTION. 103.28 CERTIFICATE OF SAFE OPERATION -- DISMISSAL OF
CONDEMNATION OR DISCONNECTION ORDER.

1. No electrical installation subject to inspection under this chapter shall
be newly connected or reconnected for use until the electrical inspector has
filed with the electrical utility supplying power a certificate stating that
the electrical inspector has approved such energization.

2. If the electrical inspector determines that an electrical installation
subject to inspection by the board is not in compliance with accepted standards
of construction for safety to health and property, based upon minimum standards
adopted by the board pursuant to this chapter, the inspector shall issue a
correction order. A correction order made pursuant to this section shall be
served personally or by United States mail only upon the licensee making the
installation. The correction order shall order the licensee to make the
installation comply with the standards, noting specifically what changes are required.
The order shall specify a date, not more than seventeen calendar days from the
date of the order, when a new inspection shall be made. When the installation
is brought into compliance to the satisfaction of the inspector, the inspector
shall file with the electrical utility supplying power a certificate stating
that the electrical inspector has approved energization.

3. An electrical utility supplier may refuse service without liability for
such refusal until the provisions of this section have been met.

Sec. 39. NEW SECTION. 103.29 POLITICAL SUBDIVISIONS -- INSPECTIONS --
AUTHORITY OF POLITICAL SUBDIVISIONS.

1. A political subdivision performing electrical inspections prior to
December 31, 2007, shall continue to perform such inspections. After December 31,
2012, a political subdivision may choose to discontinue performing its own
inspections and permit the board to have jurisdiction over inspections in the
political subdivision. If a political subdivision seeks to discontinue its own
inspections prior to December 31, 2012, the political subdivision shall petition
the board. If a unanimous vote of the board finds that a political subdivision's
inspections are inadequate by reason of misfeasance, malfeasance, or
nonfeasance, the board may suspend or revoke the political subdivision's authority to
perform its own inspections, subject to appeal according to the procedure set
forth in section 103.35 and judicial review pursuant to section 17A.19. A
political subdivision not performing electrical inspections prior to December 31,
2007, may make provision for inspection of electrical installations within its
jurisdiction, in which case it shall keep on file with the board copies of
its current inspection ordinances or resolutions and electrical codes.

2. A political subdivision performing electrical inspections pursuant to
subsection 1 prior to December 31, 2007, may maintain a different supervision
ratio than the ratio of three apprentice electricians and unclassified persons to
one licensee specified in section 103.15, subsection 3, but may not exceed
that ratio. A political subdivision which begins performing electrical
inspections after December 31, 2007, shall maintain the specified three-to-one ratio
unless the board approves a petition by the political subdivision for a lower
ratio. A political subdivision which discontinues performing electrical
inspections and permits the board to have jurisdiction over inspections shall maintain
the specified three-to-one supervision ratio, and may not petition for a lower
ratio unless the political subdivision subsequently resumes performing
electrical inspections.

3. A political subdivision that performs electrical inspections may set
appropriate permit fees to pay for such inspections. A political subdivision shall
not require any person holding a license from the board to pay any license fee
or take any examination if the person holds a current license issued by the
board which is of a classification equal to or greater than the classification
needed to do the work proposed. Any such political subdivision may provide a
requirement that each person doing electrical work within the jurisdiction of
such political subdivision have on file with the political subdivision a copy
of the current license issued by the board or such other evidence of such
license as may be provided by the board.

4. A political subdivision is authorized to determine what work may be
performed by a class B licensee within the jurisdictional limits of the political
subdivision.

5. A political subdivision that performs electrical inspections shall act as
the authority having jurisdiction for electrical inspections and for amending
the national electrical code adopted by the board pursuant to section 103.6
for work performed within the jurisdictional limits of the political
subdivision, provided those inspections and amendments conform to the requirements of
this chapter. Any action by a political subdivision with respect to amendments to
the national electrical code shall be filed with the board prior to
enforcement by the political subdivision, and shall not be less stringent than the
minimum standards established by the board by rule.

6. A political subdivision may grant a variance or interpret the national
electrical code in a manner which deviates from a standard interpretation on an
exception basis for a one-time installation or planned installation so long as
such a variance or interpretation does not present an electrical hazard or
danger to life or property.

Sec. 40. NEW SECTION. 103.30 INSPECTIONS NOT REQUIRED.

Nothing in this chapter shall be construed to require the work of employees
of municipal corporations, railroads, electric membership or cooperative
associations, public utility corporations, rural water associations or districts, or
telecommunications systems to be inspected while acting within the scope of
their employment.

Sec. 41. NEW SECTION. 103.32 STATE INSPECTION PROCEDURES.

1. An inspection shall be made within three business days of the submission
of a request for an inspection as provided in section 103.25. When necessary,
circuits may be energized by the authorized installer prior to inspection but
the installation shall remain subject to condemnation and disconnection and
subject to any appropriate restrictions or limitations as determined by the board.

2. Where wiring is to be concealed, the inspector must be notified within a
reasonable time to complete rough-in inspections prior to concealment,
exclusive of Saturdays, Sundays, and holidays. If wiring is concealed before rough-in
inspections without adequate notice having been given to the inspector, the
person responsible for having enclosed the wiring shall be responsible for all
costs resulting from uncovering and replacing the cover material.

3. State inspection procedures and policies shall be established by the
board. The state fire marshal, or the state fire marshal's designee, shall enforce
the procedures and policies, and enforce the provisions of the national
electrical code adopted by the board.

4. Except when an inspection reveals that an installation or portion of an
installation is not in compliance with accepted standards of construction for
safety to health and property, based upon minimum standards set forth in the
local electrical code or the national electrical code adopted by the board
pursuant to section 103.6, such that an order of condemnation or disconnection is
warranted pursuant to section 103.26, an inspector shall not add to, modify, or
amend a construction plan as originally approved by the state fire marshal in
the course of conducting an inspection.

5. Management and supervision of inspectors, including hiring decisions,
disciplinary action, promotions, and work schedules are the responsibility of the
state fire marshal acting in accordance with applicable law and pursuant to
any applicable collective bargaining agreement. The state fire marshal and the
board shall jointly determine work territories, regions, or districts for
inspectors and continuing education and ongoing training requirements applicable to
inspectors. An inspector subject to disciplinary action pursuant to this
subsection shall be entitled to an appeal according to the procedure set forth in
section 103.35 and judicial review pursuant to section 17A.19.

6. The board shall establish a web-based licensure verification database for
access by a state or local inspector for verification of licensee status. The
database shall include the name of every person licensed under this chapter
and a corresponding licensure number. Inspectors shall be authorized to request
the name and license number of any person working at a jobsite subject to
inspection for verification of licensee status. Licensees under this chapter shall
be required to carry a copy of their current license and photo identification
at all times when employed on a jobsite for compliance with this subsection.

Sec. 42. NEW SECTION. 103.33 STATE INSPECTION FEES.

1. All state electrical inspection fees shall be due and payable to the board
at or before commencement of the installation and shall be forwarded with the
request for inspection. Inspection fees provided in this section shall not
apply within the jurisdiction of any political subdivision if the political
subdivision has adopted an ordinance or resolution pursuant to this chapter.

2. The board shall establish the fees for inspections in amounts not to
exceed:

a. For each separate inspection of an installation, replacement, alteration,
or repair, twenty-five dollars.

b. For services, change of services, temporary services, additions,
alterations, or repairs on either primary or secondary services as follows:

(1) Zero to one hundred ampere capacity, twenty-five dollars plus five
dollars per branch circuit or feeder.

(2) One hundred one to two hundred ampere capacity, thirty-five dollars plus
five dollars per branch circuit or feeder.

(3) For each additional one hundred ampere capacity or fraction thereof,
twenty dollars plus five dollars per branch circuit or feeder.

c. For field irrigation system inspections, sixty dollars for each unit
inspected.

d. For the first reinspection required as a result of a correction order,
fifty dollars; a second reinspection required as a result of noncompliance with
the same correction order, seventy-five dollars; and subsequent reinspections
associated with the same correction order, one hundred dollars for each
reinspection.

3. When an inspection is requested by an owner, the minimum fee shall be
thirty dollars plus five dollars per branch circuit or feeder. The fee for fire
and accident inspections shall be computed at the rate of forty-seven dollars
per hour, and mileage and other expenses shall be reimbursed as provided by the
office of the state fire marshal.

4. For installations requiring more than six months in the process of
construction and in excess of three hundred dollars total inspection fees, the
persons responsible for the installation may, after a minimum filing fee of one
hundred dollars, pay a prorated fee for each month and submit it with an order for
payment initiated by the electrical inspector.

Sec. 43. NEW SECTION. 103.34 CONDEMNATION OR DISCONNECTION ORDERS --
APPEALS -- DISPOSITION OF ORDERS PENDING APPEAL.

1. Any person aggrieved by a condemnation or disconnection order issued by
the state fire marshal's office may appeal from the order by filing a written
notice of appeal with the board within ten days after the date the order was
served upon the owner or within ten days after the order was filed with the
board, whichever is later.

2. Upon receipt of the notice of appeal from a condemnation or disconnection
order because the electrical installation is proximately dangerous to health
or property, the order appealed from shall not be stayed unless countermanded
by the board.

3. Upon receipt of notice of appeal from a condemnation or disconnection
order because the electrical installation is not in compliance with accepted
standards of construction for safety to health and property, except as provided in
subsection 2, the order appealed from shall be stayed until final decision of
the board and the board shall notify the property owner and the electrical
contractor, class A master electrician, class B master electrician, fire alarm
installer, or special electrician making the installation. The power supplier
shall also be notified in those instances in which the order has been served on
such supplier.

Sec. 44. NEW SECTION. 103.35 APPEAL PROCEDURES.

1. Upon receipt of a notice of appeal, the chairperson or executive secretary
of the board may designate a hearing officer from among the board members to
hear the appeal or may set the matter for hearing before the full board at its
next regular meeting. A majority of the board shall make the decision.

2. Upon receiving the notice of appeal, the board shall notify all persons
served with the order appealed from. Such persons may join in the hearing and
give testimony in their own behalf. The board shall set the hearing date on a
date not more than fourteen days after receipt of the notice of appeal unless
otherwise agreed by the interested parties and the board.

Sec. 45. NEW SECTION. 103.36 SUSPENSION, REVOCATION, OR REPRIMAND.

The board, by a simple majority vote of the entire board, may suspend for a
period not exceeding two years, or revoke the certificate of licensure of, or
reprimand any licensee who is found guilty of any of the following acts or
offenses:

1. Fraud in procuring a certificate of licensure.

2. Professional incompetency.

3. Knowingly making misleading, deceptive, untrue, or fraudulent
representations in the practice of the licensee's profession or engaging in unethical
conduct or practice harmful to the public. Proof of actual injury need not be
established.

4. Habitual intoxication or addiction to the use of drugs.

5. Conviction of a felony under the laws of the United States, this state,
any other state, territory, or possession of the United States, the District of
Columbia, or any foreign country. A copy of the record of conviction or plea
of guilty is conclusive evidence of such conviction.

6. Revocation or suspension of licensure, or other disciplinary action by the
licensing authority of another state, territory, or possession of the United
States, the District of Columbia, or any foreign country. A certified copy of
the record or order of suspension, revocation, or other disciplinary action is
prima facie evidence of such fact.

7. Fraud in representations as to skill or ability.

8. Use of untruthful or improbable statements in advertisements.

9. Willful or repeated violations of this chapter.

Sec. 46. NEW SECTION. 103.37 PROCEDURE.

Proceedings for any action under section 103.36 shall be commenced by filing
with the board written charges against the accused. Upon the filing of
charges, the board shall conduct an investigation into the charges. The board shall
designate a time and place for a hearing, and shall notify the accused of this
action and furnish the accused a copy of all charges at least thirty days
prior to the date of the hearing. The accused has the right to appear personally
or by counsel, to cross-examine witnesses, or to produce witnesses in defense.

Sec. 47. NEW SECTION. 103.38 INJUNCTION.

Any person who is not legally authorized to practice in this state according
to this chapter, who practices, or in connection with the person's name, uses
any designation tending to imply or designate the person as authorized to
practice in this state according to this chapter, may be restrained by permanent
injunction.

Sec. 48. NEW SECTION. 103.39 CRIMINAL VIOLATIONS.

A person who violates a permanent injunction issued pursuant to section
103.38 or presents or attempts to file as the person's own the certificate of
licensure of another, or who gives false or forged evidence of any kind to the
board in obtaining a certificate of licensure, or who falsely impersonates another
practitioner of like or different name, or who uses or attempts to use a
revoked certificate of licensure, is guilty of a fraudulent practice under chapter
714.

Sec. 49. NEW SECTION. 103.40 CIVIL PENALTY.

1. In addition to any other penalties provided for in this chapter, the board
may by order impose a civil penalty upon a person who is not licensed under
this chapter and who does any of the following:

a. Is employed in a capacity in which the person engages in or offers to
engage in the activities authorized pursuant to this chapter.

b. Uses or employs the words "electrical contractor", "class A master
electrician", "class B master electrician", "class A journeyman electrician", or
"class B journeyman electrician", or implies authorization to provide or offer
those services, or otherwise uses or advertises any title, word, figure, sign,
card, advertisement, or other symbol or description tending to convey the
impression that the person is an "electrical contractor", "class A master
electrician", "class B master electrician", "class A journeyman electrician", or "class
B journeyman electrician".

c. Gives false or forged evidence of any kind to the board or any member of
the board in obtaining or attempting to obtain a certificate of licensure.

d. Falsely impersonates any individual licensed pursuant to this chapter.

e. Uses or attempts to use an expired, suspended, revoked, or nonexistent
certificate of licensure.

f. Knowingly aids or abets an unlicensed person who engages in any activity
identified in this subsection.

2. A civil penalty imposed shall not exceed one thousand dollars for each
offense. Each day of a continued violation constitutes a separate offense, except
that offenses resulting from the same or common facts or circumstances shall
be considered a single offense.

3. In determining the amount of a civil penalty to be imposed, the board may
consider any of the following:

a. Whether the amount imposed will be a substantial economic deterrent to the
violation.

b. The circumstances leading to the violation.

c. The severity of the violation and the risk of harm to the public.

d. The economic benefits gained by the violator as a result of noncompliance.

e. The interest of the public.

4. Before issuing an order under this section, the board shall provide the
person written notice and the opportunity to request a hearing on the record.
The hearing must be requested within thirty days of the issuance of the notice
and shall be conducted in the same manner as provided in section 103.37.

5. The board, in connection with a proceeding under this section, may issue
subpoenas to compel the attendance and testimony of witnesses and the
disclosure of evidence, and may request the attorney general to bring an action to
enforce the subpoena.

6. A person aggrieved by the imposition of a civil penalty under this section
may seek judicial review in accordance with section 17A.19.

7. If a person fails to pay a civil penalty within thirty days after entry of
an order under subsection 1, or if the order is stayed pending an appeal
within ten days after the court enters a final judgment in favor of the board, the
board shall notify the attorney general. The attorney general may commence an
action to recover the amount of the penalty, including reasonable attorney
fees and costs.

8. An action to enforce an order under this section may be joined with an
action for an injunction.

Sec. 50. EFFECTIVE DATES. Section 2, section 3, section 10, sections 11
through 15, section 16, subsections 1 and 3, and section 27 of this Act, being
deemed of immediate importance, take effect upon enactment. Sections 33 through 44
of this Act take effect January 1, 2009. The remaining sections and
subsections of this Act take effect January 1, 2008.