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2007 Bill Text IA H.B. 897, Iowa 82ND Iowa General Assembly -- First Session, Passed First House, Version-Date: April 27, 2007,

 2007 Bill Text IA H.B. 897

VERSION: Passed First House

VERSION-DATE: April 27, 2007

SYNOPSIS:

A BILL FOR

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

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

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

7. To administer the fire extinguishing system contractor [A> , ALARM SYSTEM  CONTRACTOR, AND ALARM SYSTEM INSTALLER 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.

[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 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 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. 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 filed 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 shall be [D> a member MEMBERS 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.

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.