THE STATE OF IOWA
                                   BILL TEXT
                                    STATENET
         

                               2007 IA H.B. 2547

               IOWA 82ND IOWA GENERAL ASSEMBLY -- SECOND SESSION

                                HOUSE BILL 2547

                                HOUSE FILE 2547

             BILL TRACKING REPORT: 2007 Bill Tracking IA H.B. 2547

                          2007 Bill Text IA H.B. 2547

VERSION: Enacted

VERSION-DATE: April 16, 2008

SYNOPSIS:                                       AN ACT

   MODIFYING PROVISIONS RELATING TO STATEWIDE LICENSURE AND CERTIFICATION OF
ELECTRICIANS AND ALARM SYSTEM CONTRACTORS AND INSTALLERS, AND PROVIDING AN
EFFECTIVE DATE.

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 100C.1, subsection 1, Code Supplement 2007, is amended to
read as follows:

   1. "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 [D> medical alarm <D] [A> NURSE CALL
<A] or supervisory signal-initiating devices and to initiate the appropriate
response to those signals [A> , BUT DOES NOT MEAN ANY SUCH SECURITY SYSTEM OR
PORTION OF A COMBINATION SYSTEM INSTALLED IN A PRISON, JAIL, OR DETENTION
FACILITY OWNED BY THE STATE, A POLITICAL SUBDIVISION OF THE STATE, THE
DEPARTMENT OF HUMAN SERVICES, OR THE IOWA VETERANS HOME <A] .

   Sec. 2. Section 100C.1, subsections 2 and 3, Code Supplement 2007, are
amended to read as follows:

   2. "Alarm system contractor" means a person engaging in or representing
oneself as engaging in the [D> activity or <D] business of layout, installation,
repair, alteration, addition, maintenance, or maintenance inspection of alarm
systems in this state.

   3. "Alarm system installer" means [D> an employee of an alarm system
contractor who is <D] [A> A PERSON <A] engaged in the layout, installation,
repair, alteration, addition, [A> OR <A] maintenance [D> , or maintenance
inspection <D] of alarm systems [A> AS AN EMPLOYEE OF AN ALARM SYSTEM
CONTRACTOR, OR AS AN EMPLOYEE OF ANY EMPLOYER OTHER THAN AN ALARM SYSTEM
CONTRACTOR IN A BUILDING OR FACILITY OWNED OR OCCUPIED BY SUCH EMPLOYER <A] .

   Sec. 3. Section 100C.1, subsection 13, paragraph b, Code Supplement 2007, is
amended to read as follows:

   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 [A> ALARM SYSTEMS <A] , security [A> ALARM SYSTEMS <A] ,
and [D> medical alarm <D] [A> NURSE CALL <A] systems and may require separate
qualifications for each.

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

   b. An employee [A> OR SUBCONTRACTOR <A] 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.

   Sec. 5. Section 100C.6, Code Supplement 2007, is amended by adding the
following new subsection:

   NEW SUBSECTION. 3. Apply to a person licensed as an engineer pursuant to
chapter 542B who provides consultation or develops plans or other work
concerning the installation or design of fire protection systems.

   Sec. 6. Section 100C.10, subsection 2, paragraph d, Code Supplement 2007, is
amended to read as follows:

   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 [D> medical alarm <D] [A> NURSE CALL <A] systems.

   Sec. 7. Section 103.1, subsection 7, Code Supplement 2007, is amended by
striking the subsection.

   Sec. 8. Section 103.1, subsection 8, Code Supplement 2007, is amended to read
as follows:

   8. "Electrical contractor" means a person affiliated with an electrical
contracting firm or business who is [A> , OR WHO EMPLOYS A PERSON WHO IS, <A]
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.

   Sec. 9. Section 103.1, subsection 13, Code Supplement 2007, is amended by
striking the subsection.

   Sec. 10. Section 103.1, subsection 14, Code Supplement 2007, is amended to
read as follows:

   14. "Routine maintenance" means the repair or replacement of existing
electrical apparatus or equipment [A> , INCLUDING BUT NOT LIMITED TO WIRES,
CABLES, SWITCHES, RECEPTACLES, OUTLETS, FUSES, CIRCUIT BREAKERS, AND FIXTURES,
<A] of the same size and type for which no changes in wiring are made [A> , BUT
DOES NOT INCLUDE ANY NEW ELECTRICAL INSTALLATION OR THE EXPANSION OR EXTENSION
OF ANY CIRCUIT <A] .

   Sec. 11. Section 103.2, subsection 2, paragraphs b and d, Code Supplement
2007, are amended to read as follows:

   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
[D> nonunion <D] contractor [A> NOT SIGNED TO A COLLECTIVE BARGAINING AGREEMENT
<A] or a master electrician who is not a member of a union.

   d. Two members, one a union member covered under a collective bargaining
agreement and one [D> a nonunion member, <D] [A> WHO IS NOT A MEMBER OF A UNION,
EACH OF WHOM <A] shall not be a member of any of the [D> aforementioned <D]
groups [A> DESCRIBED IN PARAGRAPHS "A" THROUGH "C", <A] and shall represent the
general public.

   Sec. 12. Section 103.6, subsection 1, Code Supplement 2007, is amended to
read as follows:

   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 [D> secretary of <D] state [A> LAW LIBRARY <A] 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.

   Sec. 13. Section 103.8, Code Supplement 2007, is amended to read as follows:

    103.8 ACTIVITIES WHERE LICENSE REQUIRED -- EXCEPTIONS.

   [A> 1. NO PERSON, EXCEPT A PERSON LICENSED AS AN ELECTRICAL CONTRACTOR, SHALL
ENGAGE IN THE BUSINESS OF PROVIDING NEW ELECTRICAL INSTALLATIONS OR ANY OTHER
ELECTRICAL SERVICES REGULATED UNDER THIS CHAPTER. <A]

   [A> 2. <A] 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. 14. Section 103.10, Code Supplement 2007, is amended by adding the
following new subsection:

   NEW SUBSECTION. 5. The board may reject an application for licensure under
this section from an applicant who would be subject to suspension, revocation,
or reprimand pursuant to section 103.35.

   Sec. 15. Section 103.11, Code Supplement 2007, is amended to read as follows:


    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> OR <A]
a class B master electrician, or is licensed as a class A journeyman electrician
[D> , <D] or a class B journeyman electrician [D> , <D] and is employed by an
electrical contractor [D> , <D] [A> OR IS WORKING UNDER THE SUPERVISION OF <A] a
class A master electrician [D> , <D] [A> OR <A] a class B master electrician.

   Sec. 16. Section 103.12, subsection 1, Code Supplement 2007, is amended to
read as follows:

   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 [A> OR SHALL
HAVE RECEIVED TRAINING OR EXPERIENCE FOR A PERIOD OF TIME AND UNDER CONDITIONS
AS ESTABLISHED BY THE BOARD BY RULE <A] . [D> 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. <D]

   Sec. 17. Section 103.12, subsection 2, Code Supplement 2007, is amended by
striking the subsection and inserting in lieu thereof the following:

   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.

   Sec. 18. Section 103.12, Code Supplement 2007, is amended by adding the
following new subsection:

   NEW SUBSECTION. 5. The board may reject an application for licensure under
this section from an applicant who would be subject to suspension, revocation,
or reprimand pursuant to section 103.35.

   Sec. 19. Section 103.13, Code Supplement 2007, is amended to read as follows:


    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. [A> THE BOARD MAY REJECT AN
APPLICATION FOR LICENSURE UNDER THIS SECTION FROM AN APPLICANT WHO WOULD BE
SUBJECT TO SUSPENSION, REVOCATION, OR REPRIMAND PURSUANT TO SECTION 103.35. <A]

   Sec. 20. Section 103.15, Code Supplement 2007, is amended to read as follows:


    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> A. <A] 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. [D> After one
hundred continuous days of employment as a nonlicensed unclassified person, the
unclassified person must receive a license from the board. <D] [A> A PERSON
SHALL NOT BE EMPLOYED CONTINUOUSLY FOR MORE THAN ONE HUNDRED DAYS AS AN
UNCLASSIFIED PERSON WITHOUT HAVING OBTAINED A CURRENT LICENSE FROM THE BOARD.
FOR THE PURPOSES OF THIS SUBSECTION, "ONE HUNDRED CONTINUOUS DAYS OF EMPLOYMENT"
INCLUDES ANY DAYS NOT WORKED DUE TO ILLNESS, HOLIDAYS, WEEKEND DAYS, AND OTHER
ABSENCES THAT DO NOT CONSTITUTE SEPARATION FROM OR TERMINATION OF EMPLOYMENT.
ANY PERIOD OF EMPLOYMENT AS A NONLICENSED UNCLASSIFIED PERSON SHALL NOT BE
CREDITED TO ANY APPLICABLE EXPERIENTIAL REQUIREMENT OF AN APPRENTICESHIP
TRAINING PROGRAM REGISTERED BY THE BUREAU OF APPRENTICESHIP AND TRAINING OF THE
UNITED STATES DEPARTMENT OF LABOR. <A]

   [A> B. <A] 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. [D> Electrical contractors <D] [A> ANY PERSON <A]
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 [D> pursuant to this chapter <D] [A> AS
SPECIFIED IN SECTION 103.11 <A] . 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.

   [A> 6. THE BOARD MAY REJECT AN APPLICATION FOR LICENSURE UNDER THIS SECTION
FROM AN APPLICANT WHO WOULD BE SUBJECT TO SUSPENSION, REVOCATION, OR REPRIMAND
PURSUANT TO SECTION 103.35. <A]

   Sec. 21. Section 103.16, subsection 1, Code Supplement 2007, is amended to
read as follows:

   1. Examinations for licensure shall be [D> given <D] [A> OFFERED <A] as often
as deemed necessary by the board, but no less than one time per [D> month <D]
[A> QUARTER <A] . 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.

   Sec. 22. Section 103.19, subsection 1, Code Supplement 2007, is amended to
read as follows:

   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 [A> , WHICH SHALL BE MAINTAINED
AS A CONFIDENTIAL RECORD AND SHALL BE REDACTED PRIOR TO PUBLIC RELEASE OF AN
APPLICATION OR OTHER RECORD CONTAINING SUCH SOCIAL SECURITY NUMBER <A] . The
board shall establish the fees to be payable for [D> examination and <D] license
issuance and renewal in amounts not to exceed the following:

   [D> a. For examinations: <D]

   [D> (1) Class A master electrician, one hundred twenty-five dollars. <D]

   [D> (2) Class A journeyman electrician, sixty dollars. <D]

   [D> b. <D] [A> A. <A] 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.

   [D> c. <D] [A> B. <A] For apprentice electricians [A> OR UNCLASSIFIED PERSONS
<A] , twenty dollars.

   Sec. 23. Section 103.22, subsections 1, 6, and 10, Code Supplement 2007, are
amended to read as follows:

   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, [A> LICENSED AS A MANUFACTURED OR MOBILE
HOME RETAILER OR CERTIFIED AS A MANUFACTURED OR MOBILE HOME INSTALLER PURSUANT
TO CHAPTER 103A, <A] 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.

   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 [A> AND IS NOT AN APARTMENT THAT IS ATTACHED TO ANY OTHER APARTMENT
OR BUILDING, AS THOSE TERMS ARE DEFINED IN SECTION 499B.2, <A] 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.

   10. Apply to a person performing alarm system installations [A> PURSUANT TO
SECTION 103.14 OR TO A PERSON <A] 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. 24. Section 103.22, Code Supplement 2007, is amended by adding the
following new subsection:

   NEW SUBSECTION. 11. Require any person, including an employee of the state or
any political subdivision of the state, performing routine maintenance to be
licensed under this chapter.

   Sec. 25. 2007 Iowa Acts, chapter 197, section 33, subsection 2, is amended to
read as follows:

   2. All new electrical installations for residential applications in excess of
single-family residential applications [A> , INCLUDING AN APARTMENT THAT IS
ATTACHED TO ANY OTHER APARTMENT OR BUILDING, AS THOSE TERMS ARE DEFINED IN
SECTION 499B.2 <A] .

   Sec. 26. Section 103.24, as enacted by 2007 Iowa Acts, chapter 197, section
34, is amended to read as follows:

    103.24 STATE INSPECTION -- INAPPLICABILITY IN CERTAIN POLITICAL
SUBDIVISIONS -- ELECTRICAL INSPECTORS -- CERTIFICATE OF QUALIFICATION.

   1. [D> 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. <D] The board shall establish by rule standards for the
certification and decertification of [D> state <D] electrical inspectors [A>
APPOINTED BY THE STATE OR A POLITICAL SUBDIVISION TO ENFORCE THIS CHAPTER OR ANY
APPLICABLE RESOLUTION OR ORDINANCE WITHIN THE INSPECTOR'S JURISDICTION <A] , and
[A> FOR <A] certified electrical inspector continuing education requirements.

   [A> A. ON AND AFTER JANUARY 1, 2009, A PERSON APPOINTED TO ACT AS AN
ELECTRICAL INSPECTOR FOR THE STATE SHALL OBTAIN AN INSPECTOR'S CERTIFICATE OF
QUALIFICATION WITHIN ONE YEAR OF SUCH APPOINTMENT AND SHALL MAINTAIN THE
CERTIFICATE THEREAFTER FOR THE DURATION OF THE INSPECTOR'S SERVICE AS AN
ELECTRICAL INSPECTOR. <A]

   [A> B. ON AND AFTER JANUARY 1, 2014, A PERSON APPOINTED TO ACT AS AN
ELECTRICAL INSPECTOR FOR A POLITICAL SUBDIVISION SHALL OBTAIN AN INSPECTOR'S
CERTIFICATE OF QUALIFICATION WITHIN ONE YEAR OF SUCH APPOINTMENT AND SHALL
MAINTAIN THE CERTIFICATE THEREAFTER FOR THE DURATION OF THE INSPECTOR'S SERVICE
AS AN ELECTRICAL INSPECTOR. <A]

   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. 27. Section 103.25, as enacted by 2007 Iowa Acts, chapter 197, section
35, is amended to read as follows:

    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 [D> or the state fire marshal's office <D] 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. 28. Section 103.26, as enacted by 2007 Iowa Acts, chapter 197, section
36, is amended to read as follows:

    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 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. 29. 2007 Iowa Acts, chapter 197, section 39, subsection 1, is amended to
read as follows:

   1. A political subdivision performing electrical inspections prior to
December 31, 2007, shall continue to perform such inspections. After December
31, [D> 2012 <D] [A> 2013 <A] , 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, [D>
2012 <D] [A> 2013 <A] , the political subdivision shall petition the board. [D>
If <D] [A> ON OR AFTER JANUARY 1, 2014, IF <A] 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.

   Sec. 30. 2007 Iowa Acts, chapter 197, section 41, subsection 4, is amended to
read as follows:

   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
[A> OR THE STATE BUILDING CODE COMMISSIONER <A] in the course of conducting an
inspection.

   Sec. 31. Section 103.35, as enacted by 2007 Iowa Acts, chapter 197, section
44, is amended to read as follows:

   103.35 APPEAL PROCEDURES.

   1. Upon receipt of a notice of appeal [A> FILED PURSUANT TO SECTION 103.34
<A] , 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 [A> FILED PURSUANT TO SECTION 103.34
<A] , 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. 32. EFFECTIVE DATE. This Act, being deemed of immediate importance,
takes effect upon enactment.

SPONSOR: House Committee on State Government