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                               THE STATE OF IOWA

                                   BILL TEXT

                                    STATENET

             Copyright © 2007 by State Net(R), All Rights Reserved.

 

                                2007 IA H.B. 897

 

                IOWA 82ND IOWA GENERAL ASSEMBLY -- FIRST SESSION

 

                                 HOUSE BILL 897

 

                                 HOUSE FILE 897

 

              BILL TRACKING REPORT: 2007 Bill Tracking IA H.B. 897

 

                           2007 Bill Text IA H.B. 897

 

VERSION: Enacted

 

VERSION-DATE: May 25, 2007

 

SYNOPSIS:                                       AN ACT

 

   ESTABLISHING STATEWIDE LICENSURE AND CERTIFICATION OF ELECTRICIANS AND

INSTALLERS, PROVIDING FOR INSPECTIONS, ESTABLISHING FEES, AND PROVIDING

PENALTIES.

 

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

[D> Text within these symbols is deleted <D]

 

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 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.

 

SPONSOR: House Committee on Ways and Means