THE STATE OF IOWA

BILL TEXT

STATENET

2007 IA H.B. 897

IOWA 82ND IOWA GENERAL ASSEMBLY -- FIRST SESSION

HOUSE BILL 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 [D] Text within these symbols is deleted

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 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.

[D] 2. 3. 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] 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.

[D] 3. 4. A.

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.

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 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. 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 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 chapter, the state fire marshal shall issue a certificate to the [D] fire extinguishing system OR INSTALLER

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 termination.

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

100C.4 INSURANCE.

[A] 1.

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.

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 OR INSTALLER 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 fire extinguishing system application or an application designating a new responsible managing employee is with the state fire marshal within six months after the termination.

b. The contractor [A] OR INSTALLER this chapter.

c. The contractor [A] OR INSTALLER 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 OR INSTALLERS 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 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 ADVISORY BOARD.

1. A fire extinguishing system contractors [A] AND ALARM SYSTEMS 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 [A] AND INSTALLERS

2. The board shall consist of [D] seven ELEVEN 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 THREE 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.

[D] d. E.

state.

[D] e. F.

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 be [D] a member MEMBERS

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.

5. [D] Four SIX 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

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.

Iowa 82nd Iowa General Assembly -- First Session , House Bill 897, House File 897