Bill Text: IA HF259 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act modifying provisions applicable to electrician and electrical contractor licensing and regulation, including transition provisions, and including effective date provisions. (See Cmte. Bill HF 542)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF259 Detail]

Download: Iowa-2013-HF259-Introduced.html
House File 259 - Introduced HOUSE FILE 259 BY PETTENGILL A BILL FOR An Act modifying provisions applicable to electrician and 1 electrical contractor licensing and regulation, including 2 transition provisions, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1367YH (12) 85 rn/rj
H.F. 259 Section 1. Section 100C.10, subsection 3, Code 2013, is 1 amended to read as follows: 2 3. The state fire marshal, or the state fire marshal’s 3 designee, and the chairperson of the electrical examining 4 board created in section 103.2 shall be a nonvoting ex officio 5 members member of the board. 6 Sec. 2. Section 103.1, Code 2013, is amended to read as 7 follows: 8 103.1 Definitions. 9 As used in this chapter , unless the context otherwise 10 requires: 11 1. “Apprentice electrician” means any person who, as such 12 person’s principal occupation, is engaged in learning and 13 assisting in the installation, alteration, and repair of 14 electrical wiring, apparatus, and equipment as an employee of a 15 person licensed under this chapter , and who is licensed by the 16 board state fire marshal and is progressing toward completion 17 of an apprenticeship training program registered by the office 18 of apprenticeship of the United States department of labor. 19 For purposes of this chapter , persons who are not engaged in 20 the installation, alteration, or repair of electrical wiring, 21 apparatus, and equipment, either inside or outside buildings, 22 shall not be considered apprentice electricians. 23 2. “Board” means the electrical examining electricians and 24 electrical contractors board created under section 103.2 . 25 3. “Class A journeyman electrician” means a person 26 having the necessary qualifications, training, experience, 27 and technical knowledge to wire for or install electrical 28 wiring, apparatus, and equipment and to supervise apprentice 29 electricians and who is licensed by the board state fire 30 marshal . 31 4. “Class A master electrician” means a person having the 32 necessary qualifications, training, experience, and technical 33 knowledge to properly plan, lay out, and supervise the 34 installation of electrical wiring, apparatus, and equipment for 35 -1- LSB 1367YH (12) 85 rn/rj 1/ 33
H.F. 259 light, heat, power, and other purposes and who is licensed by 1 the board state fire marshal . 2 5. “Class B journeyman electrician” means a person having 3 the necessary qualifications, training, experience, and 4 technical knowledge to wire for or install electrical wiring, 5 apparatus, and equipment who meets and is subject to the 6 restrictions of section 103.12 . 7 6. “Class B master electrician” means a person having the 8 necessary qualifications, training, experience, and technical 9 knowledge to properly plan, lay out, and supervise the 10 installation of electrical wiring, apparatus, and equipment who 11 meets and is subject to the restrictions of section 103.10 . 12 7. “Electrical contractor” means a person affiliated with an 13 electrical contracting firm or business who is, or who employs 14 a person who is, licensed by the board state fire marshal as 15 either a class A or class B master electrician and who is also 16 registered with the state of Iowa as a contractor pursuant to 17 chapter 91C . 18 8. “Farm” means land, buildings and structures used for 19 agricultural purposes including but not limited to the storage, 20 handling, and drying of grain and the care, feeding, and 21 housing of livestock. 22 9. “Industrial installation” means an installation 23 intended for use in the manufacture or processing of products 24 involving systematic labor or habitual employment and includes 25 installations in which agricultural or other products are 26 habitually or customarily processed or stored for others, 27 either by buying or reselling on a fee basis. 28 10. “Inspector” means a person certified as an electrical 29 inspector upon such reasonable conditions as may be adopted by 30 the board state fire marshal . The board state fire marshal may 31 permit more than one class of electrical inspector. 32 11. “New electrical installation” means the installation of 33 electrical wiring, apparatus, and equipment for light, heat, 34 power, and other purposes. 35 -2- LSB 1367YH (12) 85 rn/rj 2/ 33
H.F. 259 12. “Public use building or facility” means any building 1 or facility designated for public use, including all property 2 owned and occupied or designated for use by the state of Iowa. 3 13. “Residential electrician” means a person having the 4 necessary qualifications, training, experience, and technical 5 knowledge to perform a residential installation. 6 14. “Residential installation” means the wiring for or 7 installation of electrical wiring, apparatus, and equipment in 8 a residence consisting of no more than four living units within 9 the same building. 10 15. “Residential master electrician” means a person having 11 the necessary qualifications, training, experience, and 12 technical knowledge to properly plan, lay out, and supervise 13 the performance of a residential installation. 14 16. “Routine maintenance” means the repair or replacement 15 of existing electrical apparatus or equipment, including but 16 not limited to wires, cables, switches, receptacles, outlets, 17 fuses, circuit breakers, and fixtures, of the same size and 18 type for which no changes in wiring are made, but does not 19 include any new electrical installation or the expansion or 20 extension of any circuit. 21 17. “Special electrician” means a person having the 22 necessary qualifications, training, and experience in wiring 23 or installing special classes of electrical wiring, apparatus, 24 equipment, or installations which shall include irrigation 25 system wiring, disconnecting and reconnecting of existing air 26 conditioning and refrigeration, and sign installation and who 27 is licensed by the board state fire marshal . 28 18. “Unclassified person” means any person, other than an 29 apprentice electrician or other person licensed under this 30 chapter , who, as such person’s principal occupation, is engaged 31 in learning and assisting in the installation, alteration, 32 and repair of electrical wiring, apparatus, and equipment 33 as an employee of a person licensed under this chapter , 34 and who is licensed by the board state fire marshal as an 35 -3- LSB 1367YH (12) 85 rn/rj 3/ 33
H.F. 259 unclassified person. For purposes of this chapter , persons 1 who are not engaged in the installation, alteration, or repair 2 of electrical wiring, apparatus, and equipment, either inside 3 or outside buildings, shall not be considered unclassified 4 persons. 5 Sec. 3. Section 103.2, Code 2013, is amended to read as 6 follows: 7 103.2 Electrical examining Electricians and electrical 8 contractors board created. 9 1. An electrical examining electricians and electrical 10 contractors board is created within the division of state fire 11 marshal of the department of public safety and shall advise the 12 division in administering this chapter and perform its other 13 duties under this chapter . The board shall consist of eleven 14 voting members appointed by the governor and subject to senate 15 confirmation, all of whom shall be residents of this state. 16 2. The members shall be as follows: 17 a. Two members shall be journeyman electricians, one 18 a member of an electrical workers union covered under a 19 collective bargaining agreement and one not a member of a 20 union. 21 b. Two members shall be master electricians or electrical 22 contractors, one of whom is a contractor signed to a collective 23 bargaining agreement or a master electrician covered under a 24 collective bargaining agreement and one of whom is a contractor 25 not signed to a collective bargaining agreement or a master 26 electrician who is not a member of a union. 27 c. One member Two members shall be an electrical inspector 28 inspectors . 29 d. Two members, one a union member covered under a 30 collective bargaining agreement and one who is not a member of 31 a union, each of whom shall not be a member of any of the groups 32 described in paragraphs “a” through “c” , and shall represent the 33 general public. 34 e. One member shall be the state fire marshal or a 35 -4- LSB 1367YH (12) 85 rn/rj 4/ 33
H.F. 259 representative of the state fire marshal’s office. 1 f. e. One member shall be a local building official 2 employed by a political subdivision to perform electrical 3 inspections for that political subdivision. 4 g. f. One member shall represent a public utility. 5 h. g. One member shall be an engineer licensed pursuant to 6 chapter 542B with a background in electrical engineering. 7 3. The public members of the board shall be allowed to 8 participate in administrative, clerical, or ministerial 9 functions incident to giving a licensure examination, but shall 10 not determine the content of the examination or determine 11 the correctness of the answers. Professional associations 12 or societies composed of licensed electricians may recommend 13 to the governor the names of potential board members whose 14 profession is representative of that association or society. 15 However, the governor is not bound by the recommendations. 16 A board member shall not be required to be a member of any 17 professional electrician association or society. 18 Sec. 4. Section 103.3, subsection 1, Code 2013, is amended 19 to read as follows: 20 1. Appointments to the board , other than the state fire 21 marshal or a representative of the state fire marshal’s office, 22 shall be for three-year staggered terms and shall commence and 23 end as provided by section 69.19 . The most recently appointed 24 state fire marshal, or a representative of the state fire 25 marshal’s office, shall be appointed to the board on an ongoing 26 basis. Vacancies shall be filled for the unexpired term by 27 appointment of the governor and shall be subject to senate 28 confirmation. Members shall serve no more than three terms or 29 nine years, whichever is least. 30 Sec. 5. Section 103.4, Code 2013, is amended to read as 31 follows: 32 103.4 Organization and meetings of the board. 33 1. The board shall elect annually from its members a 34 chairperson and a vice chairperson , and shall hire and provide 35 -5- LSB 1367YH (12) 85 rn/rj 5/ 33
H.F. 259 staff to assist the board in administering this chapter . An 1 executive secretary designated by the board shall report to the 2 state fire marshal for purposes of routine board administrative 3 functions, and shall report directly to the board for purposes 4 of execution of board policy such as application of licensing 5 criteria and processing of applications. The board shall 6 hold at least one meeting quarterly at the location of the 7 board’s principal office, and meetings shall be called at other 8 times by the chairperson or four members of the board. At 9 any meeting of the board, a majority of members constitutes a 10 quorum. 11 2. a. All meetings, actions, and deliberations of the 12 board shall be fully subject to and shall comply with the open 13 meetings and open records requirements of chapters 21 and 22. 14 b. Notwithstanding section 21.5, subsection 4, the office of 15 the citizens’ aide without an order of the court and only for 16 purposes of conducting a confidential investigation in response 17 to a complaint relating to the board pursuant to section 2C.12, 18 shall have access to the minutes and audio recording of a 19 closed session of a meeting of the board. 20 Sec. 6. Section 103.6, Code 2013, is amended to read as 21 follows: 22 103.6 Powers and duties. 23 1. The board state fire marshal shall: 24 a. Adopt rules in consultation with the board pursuant to 25 chapter 17A and in doing so shall be governed by the minimum 26 standards set forth in the most current publication of the 27 national electrical code issued and adopted by the national 28 fire protection association, and amendments to the code, which 29 code and amendments shall be filed in the offices of the state 30 law library and the board and shall be a public record . The 31 board state fire marshal shall adopt rules reflecting updates 32 to the code and amendments to the code establish by rule an 33 electrical installation code governing the installation of 34 electrical work in this state . The board state fire marshal 35 -6- LSB 1367YH (12) 85 rn/rj 6/ 33
H.F. 259 shall promulgate and adopt rules establishing wiring standards 1 that protect public safety and health and property and that 2 apply to all electrical wiring which is installed subject to 3 this chapter . 4 b. Revoke, suspend, or refuse to renew any license granted 5 pursuant to this chapter when the licensee does any of the 6 following: 7 (1) Fails or refuses to pay any examination, license, or 8 renewal fee required by law. 9 (2) Is an electrical contractor and fails or refuses to 10 provide and keep in force a public liability insurance policy 11 and surety bond as required by the board. 12 (3) Violates any political subdivision’s inspection 13 ordinances. 14 c. b. Adopt rules for continuing education requirements 15 for each classification of licensure established pursuant to 16 this chapter , and adopt all rules, not inconsistent with the 17 law, necessary for the proper performance of the duties of the 18 board. 19 d. c. Provide for the amount and collection of fees for 20 inspection and other services , by rule . 21 2. The board may, in its discretion, revoke, suspend, or 22 refuse to renew any license granted pursuant to this chapter 23 when the licensee violates any provision of the national 24 electrical code as adopted pursuant to subsection 1 , this 25 chapter , or any rule adopted pursuant to this chapter . 26 Sec. 7. Section 103.7, Code 2013, is amended to read as 27 follows: 28 103.7 Electrician and installer licensing and inspection 29 fund. 30 An electrician and installer licensing and inspection fund 31 is created in the state treasury as a separate fund under 32 the control of the board state fire marshal . All licensing, 33 examination, renewal, and inspection fees shall be deposited 34 into the fund and retained by and for the use of the board state 35 -7- LSB 1367YH (12) 85 rn/rj 7/ 33
H.F. 259 fire marshal . Expenditures from the fund shall be approved by 1 the sole authority of the board in consultation with the state 2 fire marshal for any of the board’s duties and the regulatory 3 or administrative functions of this chapter . Amounts deposited 4 into the fund shall be considered repayment receipts as defined 5 in section 8.2 . Notwithstanding section 8.33 , any balance 6 in the fund on June 30 of each fiscal year shall not revert 7 to the general fund of the state, but shall remain available 8 for the purposes of this chapter in subsequent fiscal years. 9 Notwithstanding section 12C.7, subsection 2 , interest or 10 earnings on moneys deposited in the fund shall be credited to 11 the fund. 12 Sec. 8. Section 103.8, subsection 2, Code 2013, is amended 13 to read as follows: 14 2. Except as provided in sections 103.13 and 103.14 , no 15 person shall, for another, plan, lay out, or supervise the 16 installation of wiring, apparatus, or equipment for electrical 17 light, heat, power, and other purposes unless the person is 18 licensed by the board under this chapter as an electrical 19 contractor, a class A master electrician, or a class B master 20 electrician. 21 Sec. 9. Section 103.10, Code 2013, is amended to read as 22 follows: 23 103.10 Class A master electrician license —— qualifications 24 —— class B master electrician license. 25 1. An applicant for a class A master electrician license 26 shall have at least one year’s experience, acceptable to the 27 board state fire marshal , as a licensed class A or class B 28 journeyman electrician. 29 2. In addition, an applicant shall meet examination 30 criteria based upon the most recent national electrical code 31 adopted pursuant to section 103.6 and upon electrical theory, 32 as determined by the board state fire marshal . 33 3. a. An applicant who can provide proof acceptable to the 34 board state fire marshal that the applicant has been working in 35 -8- LSB 1367YH (12) 85 rn/rj 8/ 33
H.F. 259 the electrical business and involved in planning for, laying 1 out, supervising, and installing electrical wiring, apparatus, 2 or equipment for light, heat, and power since January 1, 1998, 3 and for a total of at least sixteen thousand hours, of which at 4 least eight thousand hours shall have been accumulated since 5 January 1, 1998, may be granted a class B master electrician 6 license without taking an examination. An applicant who is 7 issued a class B master electrician license pursuant to this 8 section shall not be authorized to plan, lay out, or supervise 9 the installation of electrical wiring, apparatus, and equipment 10 in a political subdivision which, prior to or after January 1, 11 2008, establishes licensing standards which preclude such work 12 by class B master electricians in the political subdivision. 13 The board state fire marshal shall adopt rules establishing 14 procedures relating to the restriction of a class B master 15 electrician license pursuant to this subsection . 16 b. A class B master electrician may become licensed as 17 a class A master electrician upon successful passage of the 18 examination prescribed in subsection 2 . 19 4. A person licensed to plan, lay out, or supervise the 20 installation of electrical wiring, apparatus, or equipment for 21 light, heat, power, and other purposes and supervise apprentice 22 electricians by a political subdivision preceding January 1, 23 2008, pursuant to a supervised written examination, and who 24 is currently engaged in the electrical contracting industry, 25 shall be issued an applicable statewide license corresponding 26 to that licensure as a class A master electrician or electrical 27 contractor. The board state fire marshal shall adopt by rule 28 certain criteria for city examination standards satisfactory to 29 fulfill this requirement. 30 5. The board state fire marshal may reject an application 31 for licensure under this section from an applicant who would be 32 subject to suspension, revocation, or reprimand by the board 33 pursuant to section 103.35 . 34 Sec. 10. Section 103.10A, Code 2013, is amended to read as 35 -9- LSB 1367YH (12) 85 rn/rj 9/ 33
H.F. 259 follows: 1 103.10A Inactive master electrician license. 2 The board state fire marshal may by rule create an inactive 3 master electrician license and establish a fee for such a 4 license. An applicant for an inactive master electrician 5 license shall, at a minimum, meet the requirements of this 6 chapter and requirements established by the board state fire 7 marshal by rule for licensure as a class A master electrician 8 or a class B master electrician. A person licensed as an 9 inactive master electrician shall not be authorized to act 10 as a master electrician, but shall be authorized to apply 11 for a class A master electrician license or a class B master 12 electrician license at a future date subject to conditions and 13 under procedures established by the board state fire marshal by 14 rule. The conditions and procedures shall include but not be 15 limited to completion of the required number of contact hours 16 of continuing education courses specified in section 103.18 , 17 and paying the applicable license fee specified in section 18 103.19 for a class A master electrician license or class B 19 master electrician license. 20 Sec. 11. Section 103.11, Code 2013, is amended to read as 21 follows: 22 103.11 Wiring or installing —— supervising apprentices —— 23 license required —— qualifications. 24 Except as provided in section 103.13 , no person shall, for 25 another, wire for or install electrical wiring, apparatus, 26 or equipment, or supervise an apprentice electrician or 27 unclassified person, unless the person is licensed by the 28 board state fire marshal as an electrical contractor, a class 29 A master electrician, or a class B master electrician, or 30 is licensed as a class A journeyman electrician or a class 31 B journeyman electrician and is employed by an electrical 32 contractor or is working under the supervision of a class A 33 master electrician or a class B master electrician. 34 Sec. 12. Section 103.12, Code 2013, is amended to read as 35 -10- LSB 1367YH (12) 85 rn/rj 10/ 33
H.F. 259 follows: 1 103.12 Class A journeyman electrician license qualifications 2 —— class B journeyman electrician license. 3 1. An applicant for a class A journeyman electrician 4 license shall have successfully completed an apprenticeship 5 training program registered by the office of apprenticeship 6 of the United States department of labor in accordance with 7 the standards established by that department or shall have 8 received training or experience for a period of time and under 9 conditions as established by the board state fire marshal by 10 rule. 11 2. In addition, an applicant shall meet examination 12 criteria based upon the most recent national electrical code 13 adopted pursuant to section 103.6 and upon electrical theory, 14 as determined by the board state fire marshal . 15 3. a. An applicant who can provide proof acceptable to the 16 board state fire marshal that the applicant has been employed 17 as a journeyman electrician since January 1, 1998, and for a 18 total of at least sixteen thousand hours, of which at least 19 eight thousand hours shall have been accumulated since January 20 1, 1998, may be granted a class B journeyman electrician 21 license without taking an examination. An applicant who is 22 issued a class B journeyman electrician license pursuant to 23 this section shall not be authorized to wire for or install 24 electrical wiring, apparatus, and equipment in a political 25 subdivision which, prior to or after January 1, 2008, 26 establishes licensing standards which preclude such work by 27 class B journeyman electricians in the political subdivision. 28 The board state fire marshal shall adopt rules establishing 29 procedures relating to the restriction of a class B journeyman 30 electrician license pursuant to this subsection . 31 b. A class B journeyman electrician may become licensed as 32 a class A journeyman electrician upon successful passage of the 33 examination prescribed in subsection 2 . 34 4. A person licensed to wire for or install electrical 35 -11- LSB 1367YH (12) 85 rn/rj 11/ 33
H.F. 259 wiring, apparatus, or equipment or supervise an apprentice 1 electrician by a political subdivision preceding January 1, 2 2008, pursuant to a supervised written examination, and who is 3 currently engaged in the electrical contracting industry with 4 at least four years’ experience, shall be issued an applicable 5 statewide license corresponding to that licensure as a class 6 A journeyman electrician or a class B journeyman electrician. 7 The board state fire marshal shall adopt by rule certain 8 criteria for city examination standards satisfactory to fulfill 9 this requirement. 10 5. The board state fire marshal may reject an application 11 for licensure under this section from an applicant who would be 12 subject to suspension, revocation, or reprimand by the board 13 pursuant to section 103.35 . 14 Sec. 13. Section 103.12A, Code 2013, is amended to read as 15 follows: 16 103.12A Residential electrician and residential master 17 electrician license —— qualifications. 18 1. The board state fire marshal may by rule provide for the 19 issuance of a residential electrician license, and may by rule 20 provide for the issuance of a residential master electrician 21 license. 22 a. A residential electrician license or residential master 23 electrician license, if established by the board state fire 24 marshal , shall be issued to applicants who meet qualifications 25 determined by the board state fire marshal , and shall be valid 26 for the performance of residential installations, subject to 27 limitations or restrictions established by the board state fire 28 marshal . 29 b. A person who, on or after July 1, 2009, holds a special 30 electrician license authorizing residential electrical 31 installation, granted pursuant to section 103.13 , shall be 32 eligible for conversion of that special license to either 33 a residential electrician license or a residential master 34 electrician license, if established by the board state fire 35 -12- LSB 1367YH (12) 85 rn/rj 12/ 33
H.F. 259 marshal , in accordance with requirements and procedures 1 established by the board state fire marshal . 2 2. A person licensed by the board state fire marshal as 3 a class A journeyman electrician or a class B journeyman 4 electrician, or as a class A master electrician or a class B 5 master electrician, shall not be required to hold a residential 6 electrician or residential master electrician license to 7 perform any type of residential installation authorized for a 8 person licensed pursuant to this section . 9 3. The board state fire marshal may reject an application 10 for licensure under this section from an applicant who would be 11 subject to suspension, revocation, or reprimand by the board 12 pursuant to section 103.35 . 13 Sec. 14. Section 103.13, Code 2013, is amended to read as 14 follows: 15 103.13 Special electrician license —— qualifications. 16 1. The board state fire marshal shall by rule provide for 17 the issuance of special electrician licenses authorizing the 18 licensee to engage in a limited class or classes of electrical 19 work, which class or classes shall be specified on the license. 20 Each licensee shall have experience, acceptable to the board 21 state fire marshal , in each such limited class of work for 22 which the person is licensed. 23 2. Notwithstanding section 103.8 , a person who holds a 24 special electrician license is not required to obtain an 25 electrical contractor license to engage in the business of 26 providing new electrical installations or any other electrical 27 services if such installations or services fall within the 28 limited class of special electrical work for which the person 29 holds the special electrician license. 30 3. The board state fire marshal may reject an application 31 for licensure under this section from an applicant who would be 32 subject to suspension, revocation, or reprimand by the board 33 pursuant to section 103.35 . 34 Sec. 15. Section 103.15, Code 2013, is amended to read as 35 -13- LSB 1367YH (12) 85 rn/rj 13/ 33
H.F. 259 follows: 1 103.15 Apprentice electrician —— unclassified person. 2 1. A person shall be licensed by the board state fire 3 marshal and pay a licensing fee to work as an apprentice 4 electrician while participating in an apprenticeship training 5 program registered by the office of apprenticeship of the 6 United States department of labor in accordance with the 7 standards established by that department. An apprenticeship 8 shall be limited to six years from the date of licensure, 9 unless extended by the board state fire marshal upon a finding 10 that a hardship existed which prevented completion of the 11 apprenticeship program. Such licensure shall entitle the 12 licensee to act as an apprentice to an electrical contractor, 13 a class A master electrician, a class B master electrician, 14 a class A journeyman electrician, or a class B journeyman 15 electrician as provided in subsection 3 . 16 2. a. A person shall be licensed as an unclassified person 17 by the board state fire marshal to perform electrical work 18 if the work is performed under the personal supervision of a 19 person actually licensed to perform such work and the licensed 20 and unclassified persons are employed by the same employer. A 21 person shall not be employed continuously for more than one 22 hundred days as an unclassified person without having obtained 23 a current license from the board state fire marshal . For the 24 purposes of determining whether a person has been “employed 25 continuously” for more than one hundred days under this 26 subsection , employment shall include any days not worked due to 27 illness, holidays, weekend days, and other absences that do not 28 constitute separation from or termination of employment. Any 29 period of employment as a nonlicensed unclassified person shall 30 not be credited to any applicable experiential requirement of 31 an apprenticeship training program registered by the office of 32 apprenticeship of the United States department of labor. 33 b. Licensed persons shall not permit unclassified 34 persons to perform electrical work except under the personal 35 -14- LSB 1367YH (12) 85 rn/rj 14/ 33
H.F. 259 supervision of a person actually licensed to perform such 1 work. Unclassified persons shall not supervise the performance 2 of electrical work or make assignments of electrical work 3 to unclassified persons. Any person employing unclassified 4 persons performing electrical work shall maintain records 5 establishing compliance with this section , which shall 6 designate all unclassified persons performing electrical work. 7 3. Apprentice electricians and unclassified persons shall 8 do no electrical wiring except under the direct personal 9 on-the-job supervision and control and in the immediate 10 presence of a licensee as specified in section 103.11 . Such 11 supervision shall include both on-the-job training and 12 related classroom training as approved by the board state fire 13 marshal . The licensee may employ or supervise apprentice 14 electricians and unclassified persons at a ratio not to exceed 15 three apprentice electricians and unclassified persons to one 16 licensee, except that such ratio and the other requirements 17 of this section shall not apply to apprenticeship classroom 18 training. 19 4. For purposes of this section , “the direct personal 20 on-the-job supervision and control and in the immediate presence 21 of a licensee” shall mean the licensee and the apprentice 22 electrician or unclassified person shall be working at the same 23 project location but shall not require that the licensee and 24 apprentice electrician or unclassified person be within sight 25 of one another at all times. 26 5. An apprentice electrician shall not install, alter, or 27 repair electrical equipment except as provided in this section , 28 and the licensee employing or supervising an apprentice 29 electrician shall not authorize or permit such actions by the 30 apprentice electrician. 31 6. The board state fire marshal may reject an application 32 for licensure under this section from an applicant who would be 33 subject to suspension, revocation, or reprimand by the board 34 pursuant to section 103.35 . 35 -15- LSB 1367YH (12) 85 rn/rj 15/ 33
H.F. 259 Sec. 16. Section 103.16, Code 2013, is amended to read as 1 follows: 2 103.16 License examinations. 3 1. Examinations for licensure shall be offered as often 4 as deemed necessary by the board state fire marshal , but no 5 less than one time per quarter. The scope of the examinations 6 and the methods of procedure shall be prescribed by the board 7 state fire marshal . The examinations given by the board state 8 fire marshal shall be the Experior assessment examination, or a 9 successor examination approved by the board state fire marshal , 10 or an examination prepared by a third-party testing service 11 which is substantially equivalent to the Experior assessment 12 examination, or a successor examination approved by the board 13 state fire marshal . 14 2. An examination may be given by representatives of the 15 board state fire marshal . As soon as practicable after the 16 close of each examination, a report shall be filed in the 17 office of the secretary of the board by the board. The report 18 shall show the action of the board upon each application and 19 the secretary of the board shall notify each applicant of the 20 result of the applicant’s examination. Procedures regarding 21 notification of examination results shall be established by 22 the state fire marshal by rule. Applicants who fail the 23 examination once shall be allowed to take the examination at 24 the next scheduled time. Thereafter, the applicant shall 25 be allowed to take the examination at the discretion of the 26 board state fire marshal . An applicant who has failed the 27 examination may request, in writing, information from the board 28 state fire marshal concerning the applicant’s examination grade 29 and subject areas or questions which the applicant failed to 30 answer correctly, except that if the board state fire marshal 31 administers a uniform, standardized examination, the board 32 state fire marshal shall only be required to provide the 33 examination grade and such other information concerning the 34 applicant’s examination results which are available to the 35 -16- LSB 1367YH (12) 85 rn/rj 16/ 33
H.F. 259 board state fire marshal . 1 Sec. 17. Section 103.17, Code 2013, is amended to read as 2 follows: 3 103.17 Disclosure of confidential information —— criminal 4 penalty . 5 1. A member of the board The state fire marshal shall not 6 disclose information relating to the following: 7 a. 1. Criminal history or prior misconduct of an applicant. 8 b. 2. Information relating to the contents of an 9 examination. 10 c. 3. Information relating to examination results other 11 than a final score except for information about the results of 12 an examination given to the person who took the examination. 13 2. A member of the board who willfully communicates or seeks 14 to communicate such information, and any person who willfully 15 requests, obtains, or seeks to obtain such information, is 16 guilty of a simple misdemeanor. 17 Sec. 18. Section 103.18, Code 2013, is amended to read as 18 follows: 19 103.18 License renewal —— continuing education. 20 In order to renew a class A master electrician, class B 21 master electrician, class A journeyman electrician, or class B 22 journeyman electrician license issued pursuant to this chapter , 23 the licensee shall be required to complete eighteen contact 24 hours of continuing education courses approved by the board 25 state fire marshal during the three-year period for which a 26 license is granted. The contact hours shall include a minimum 27 of six contact hours studying the national electrical code 28 described in section 103.6 , and the remaining contact hours may 29 include study of electrical circuit theory, blueprint reading, 30 transformer and motor theory, electrical circuits and devices, 31 control systems, programmable controllers, and microcomputers 32 or any other study of electrical-related material that is 33 approved by the board state fire marshal . Any additional hours 34 studying the national electrical code shall be acceptable. For 35 -17- LSB 1367YH (12) 85 rn/rj 17/ 33
H.F. 259 purposes of this section , “contact hour” means fifty minutes of 1 classroom attendance at an approved course under a qualified 2 instructor approved by the board state fire marshal . 3 Sec. 19. Section 103.19, Code 2013, is amended to read as 4 follows: 5 103.19 Licenses —— expiration —— application —— fees. 6 1. Licenses issued pursuant to this chapter shall 7 expire every three years, with the exception of licenses for 8 apprentice electricians and unclassified persons, which shall 9 expire on an annual basis. All license applications shall 10 include the applicant’s social security number, which shall be 11 maintained as a confidential record and shall be redacted prior 12 to public release of an application or other record containing 13 such social security number. The board state fire marshal 14 shall establish the fees to be payable for license issuance and 15 renewal in amounts not to exceed the following: 16 a. For each year of the three-year license period for 17 issuance and renewal: 18 (1) Electrical contractor, one hundred twenty-five dollars. 19 (2) Class A master electrician, class B master electrician, 20 residential master electrician, one hundred twenty-five 21 dollars. 22 (3) Class A journeyman electrician, class B journeyman 23 electrician, residential electrician, or special electrician, 24 twenty-five dollars. 25 b. For apprentice electricians or unclassified persons, 26 twenty dollars. 27 2. The holder of an expired license may renew the license 28 for a period of three months from the date of expiration upon 29 payment of the license fee plus ten percent of the renewal fee 30 for each month or portion thereof past the expiration date. 31 All holders of licenses expired for more than three months 32 shall apply for a new license. 33 3. If the board state fire marshal determines that all 34 licenses shall expire on the same date every three years for 35 -18- LSB 1367YH (12) 85 rn/rj 18/ 33
H.F. 259 licenses specified in subsection 1 , paragraph “a” , the license 1 fees shall be prorated by month. The board state fire marshal 2 shall determine an individual’s license fee based on the number 3 of months that the individual’s license will be in effect after 4 being issued and prior to expiration. 5 Sec. 20. Section 103.20, Code 2013, is amended to read as 6 follows: 7 103.20 Licensee status —— employment —— death. 8 1. Individuals performing electrical work in a capacity 9 for which licensure is required pursuant to this chapter shall 10 be employed by the authority or company obtaining a permit for 11 the performance of such work, and shall possess a valid license 12 issued by the board state fire marshal . 13 2. Upon the death of an electrical contractor, a class A 14 master electrician, or a class B master electrician, the board 15 state fire marshal may permit a representative to carry on 16 the business of the decedent for a period not to exceed six 17 months for the purpose of completing work under contract to 18 comply with this chapter . Such representative shall furnish 19 all public liability and property damage insurance required by 20 the board state fire marshal . 21 Sec. 21. Section 103.21, Code 2013, is amended to read as 22 follows: 23 103.21 Licenses without examination —— reciprocity with other 24 states. 25 To the extent that any other state which provides for 26 the licensing of electricians provides for similar action, 27 the board state fire marshal may grant licenses, without 28 examination, of the same grade and class to an electrician who 29 has been licensed by such other state for at least one year, 30 upon payment by the applicant of the required fee, and upon the 31 board state fire marshal being furnished with proof that the 32 qualifications of the applicant are equal to the qualifications 33 of holders of similar licenses in this state. 34 Sec. 22. Section 103.22, subsections 11, 13, and 14, Code 35 -19- LSB 1367YH (12) 85 rn/rj 19/ 33
H.F. 259 2013, are amended to read as follows: 1 11. Apply to a person performing alarm system installations 2 pursuant to section 103.14 or to a person who is engaged in 3 the design, installation, erection, repair, maintenance, 4 or alteration of class two or class three remote control, 5 signaling, or power-limited circuits, optical fiber cables or 6 other cabling, or communications circuits, including raceways, 7 as defined in the national electrical code for voice, video, 8 audio, and data signals in commercial or residential premises. 9 13. Apply to a person otherwise licensed pursuant to 10 this chapter who is engaged in the wiring or installation of 11 electrical wiring, apparatus, or equipment while presenting a 12 course of instruction relating to home construction technology, 13 or a similar course of instruction, offered to students 14 by a community college established under chapter 260C , an 15 institution under the control of the state board of regents, or 16 a school corporation. A student enrolled in such a course of 17 instruction shall not be considered an apprentice electrician 18 or unclassified person, and supervision ratios as provided in 19 section 103.15, subsection 3 , shall not be applicable. The 20 board state fire marshal shall by rule establish inspection 21 procedures in the event that the home constructed pursuant to 22 the course is intended for eventual occupation as a residence. 23 14. Prohibit a person from performing work on an emergency 24 basis as determined by the board state fire marshal . 25 Sec. 23. Section 103.24, Code 2013, is amended to read as 26 follows: 27 103.24 State inspection —— inapplicability in certain 28 political subdivisions —— electrical inspectors —— certificate 29 of qualification. 30 1. The board state fire marshal shall establish by rule 31 standards for the certification and decertification of 32 electrical inspectors appointed by the state or a political 33 subdivision to enforce this chapter or any applicable 34 resolution or ordinance within the inspector’s jurisdiction, 35 -20- LSB 1367YH (12) 85 rn/rj 20/ 33
H.F. 259 and for certified electrical inspector continuing education 1 requirements. 2 a. On and after January 1, 2009, a person appointed to 3 act as an electrical inspector for the state shall obtain an 4 inspector’s certificate of qualification within one year of 5 such appointment and shall maintain the certificate thereafter 6 for the duration of the inspector’s service as an electrical 7 inspector. 8 b. On and after January 1, 2014, a person appointed to act 9 as an electrical inspector for a political subdivision shall 10 obtain an inspector’s certificate of qualification within one 11 year of such appointment and shall maintain the certificate 12 thereafter for the duration of the inspector’s service as an 13 electrical inspector. 14 2. State inspection shall not apply within the jurisdiction 15 of any political subdivision which, pursuant to section 103.29 , 16 provides by resolution or ordinance standards of electrical 17 wiring and its installation that are not less stringent than 18 those prescribed by the board state fire marshal or by this 19 chapter and which further provides by resolution or ordinance 20 for the inspection of electrical installations within the 21 limits of such subdivision by a certified electrical inspector. 22 A copy of the certificate of each electrical inspector shall 23 be provided to the board state fire marshal by the political 24 subdivision issuing the certificate. 25 3. State inspection shall not apply to routine maintenance. 26 Sec. 24. Section 103.25, Code 2013, is amended to read as 27 follows: 28 103.25 Request for inspection —— fees. 29 1. At or before commencement of any installation required 30 to be inspected by the board state fire marshal , the licensee 31 or property owner making such installation shall submit to the 32 state fire marshal’s office a request for inspection. The 33 board state fire marshal shall prescribe the methods by which 34 the request may be submitted, which may include electronic 35 -21- LSB 1367YH (12) 85 rn/rj 21/ 33
H.F. 259 submission or through a form prescribed by the board state fire 1 marshal that can be submitted either through the mail or by a 2 fax facsimile transmission. The board state fire marshal shall 3 also prescribe methods by which inspection fees can be paid, 4 which may include electronic methods of payment. If the board 5 or the state fire marshal’s office marshal becomes aware that a 6 person has failed to file a necessary request for inspection, 7 the board state fire marshal shall send a written notification 8 by certified mail that the request must be filed within 9 fourteen days. Any person filing a late request for inspection 10 shall pay a delinquency fee in an amount to be determined by 11 the board state fire marshal . A person who fails to file a late 12 request within fourteen days from receipt of the notification 13 shall be subject to a civil penalty to be determined by the 14 board state fire marshal by rule. 15 2. Notwithstanding subsection 1 , the board state fire 16 marshal may by rule provide for the issuance of a single permit 17 to a licensee to request multiple inspections. The permit 18 authorizes the licensee to perform new electrical installations 19 specified in the permit. The board state fire marshal shall 20 prescribe the methods by which the request for multiple 21 inspections may be submitted, which may include electronic 22 submission or through a form prescribed by the board state fire 23 marshal that can be submitted either through the mail or by 24 a fax facsimile transmission. The board state fire marshal 25 shall also prescribe methods by which inspection fees can be 26 paid, which may include electronic methods of payment. The 27 board state fire marshal may perform inspections of each new 28 electrical installation or any portion of the total number 29 of new electrical installations made under each permit. The 30 board state fire marshal shall establish fees for such permits, 31 which shall not exceed the total inspection fees that would be 32 required if each new electrical installation performed under 33 the request for multiple inspections had been performed under 34 individual requests for inspections as provided in subsection 35 -22- LSB 1367YH (12) 85 rn/rj 22/ 33
H.F. 259 1 . 1 Sec. 25. Section 103.26, Code 2013, is amended to read as 2 follows: 3 103.26 Condemnation —— disconnection —— opportunity to 4 correct noncompliance. 5 If the inspector finds that any installation or portion of 6 an installation is not in compliance with accepted standards 7 of construction for health safety and property safety, based 8 upon minimum standards set forth in the local electrical code 9 or the national electrical code adopted by the board state 10 fire marshal pursuant to section 103.6 , the inspector shall 11 by written order condemn the installation or noncomplying 12 portion or order service to such installation disconnected 13 and shall send a copy of such order to the board, the state 14 fire marshal , and the electrical utility supplying power 15 involved. If the installation or the noncomplying portion is 16 such as to seriously and proximately endanger human health 17 or property, the order of the inspector when approved by the 18 inspector’s supervisor shall require immediate condemnation 19 and disconnection by the applicant. In all other cases, the 20 order of the inspector shall establish a reasonable period 21 of time for the installation to be brought into compliance 22 with accepted standards of construction for health safety and 23 property safety prior to the effective date established in such 24 order for condemnation or disconnection. 25 Sec. 26. Section 103.27, subsection 1, Code 2013, is amended 26 to read as follows: 27 1. A copy of each condemnation or disconnection order shall 28 be served personally or by regular mail upon the property owner 29 at the property owner’s last known address, the licensee making 30 the installation, and such other persons as the board state 31 fire marshal by rule may direct. 32 Sec. 27. Section 103.28, subsection 2, Code 2013, is amended 33 to read as follows: 34 2. If the electrical inspector determines that an 35 -23- LSB 1367YH (12) 85 rn/rj 23/ 33
H.F. 259 electrical installation subject to inspection by the board 1 state fire marshal is not in compliance with accepted standards 2 of construction for health safety and property safety, 3 based upon minimum standards adopted by the board state fire 4 marshal pursuant to this chapter , the inspector shall issue a 5 correction order. A correction order made pursuant to this 6 section shall be served personally or by United States mail 7 only upon the licensee making the installation. The correction 8 order shall order the licensee to make the installation 9 comply with the standards, noting specifically what changes 10 are required. The order shall specify a date, not more than 11 seventeen calendar days from the date of the order, when a new 12 inspection shall be made. When the installation is brought 13 into compliance to the satisfaction of the inspector, the 14 inspector shall file with the electrical utility supplying 15 power a certificate stating that the electrical inspector has 16 approved energization. 17 Sec. 28. Section 103.29, Code 2013, is amended to read as 18 follows: 19 103.29 Political subdivisions —— inspections —— authority of 20 political subdivisions. 21 1. A political subdivision performing electrical 22 inspections prior to December 31, 2007, shall continue 23 to perform such inspections. After December 31, 2013, a 24 political subdivision may choose to discontinue performing 25 its own inspections and permit the board state fire marshal 26 to have jurisdiction over inspections in the political 27 subdivision. If a political subdivision seeks to discontinue 28 its own inspections prior to December 31, 2013, the political 29 subdivision shall petition the board state fire marshal . On or 30 after January 1, 2014, if a unanimous vote of the board state 31 fire marshal finds that a political subdivision’s inspections 32 are inadequate by reason of misfeasance, malfeasance, or 33 nonfeasance, the board state fire marshal may suspend or revoke 34 the political subdivision’s authority to perform its own 35 -24- LSB 1367YH (12) 85 rn/rj 24/ 33
H.F. 259 inspections, subject to appeal according to the procedure set 1 forth in section 103.34 and judicial review pursuant to section 2 17A.19 . A political subdivision not performing electrical 3 inspections prior to December 31, 2007, may make provision for 4 inspection of electrical installations within its jurisdiction, 5 in which case it shall keep on file with the board state 6 fire marshal copies of its current inspection ordinances or 7 resolutions and electrical codes. 8 2. A political subdivision performing electrical 9 inspections pursuant to subsection 1 prior to December 31, 10 2007, may maintain a different supervision ratio than the ratio 11 of three apprentice electricians and unclassified persons to 12 one licensee specified in section 103.15, subsection 3 , but may 13 not exceed that ratio. A political subdivision which begins 14 performing electrical inspections after December 31, 2007, 15 shall maintain the specified three-to-one ratio unless the 16 board state fire marshal approves a petition by the political 17 subdivision for a lower ratio. A political subdivision which 18 discontinues performing electrical inspections and permits the 19 board state fire marshal to have jurisdiction over inspections 20 shall maintain the specified three-to-one supervision ratio, 21 and may not petition for a lower ratio unless the political 22 subdivision subsequently resumes performing electrical 23 inspections. 24 3. A political subdivision that performs electrical 25 inspections may set appropriate permit fees to pay for such 26 inspections. A political subdivision shall not require any 27 person holding a license from the board state fire marshal 28 to pay any license fee or take any examination if the person 29 holds a current license issued by the board state fire marshal 30 which is of a classification equal to or greater than the 31 classification needed to do the work proposed. Any such 32 political subdivision may provide a requirement that each 33 person doing electrical work within the jurisdiction of 34 such political subdivision have on file with the political 35 -25- LSB 1367YH (12) 85 rn/rj 25/ 33
H.F. 259 subdivision a copy of the current license issued by the board 1 state fire marshal or such other evidence of such license as 2 may be provided by the board state fire marshal . 3 4. A political subdivision is authorized to determine 4 what work may be performed by a class B licensee within the 5 jurisdictional limits of the political subdivision, provided, 6 however, that a political subdivision shall not prohibit 7 a class B licensee from performing any type of work that 8 the licensee was authorized to perform within the political 9 subdivision under the authority of a license validly issued or 10 recognized by the political subdivision on December 31, 2007. 11 5. A political subdivision that performs electrical 12 inspections shall act as the authority having jurisdiction 13 for electrical inspections and for amending the national 14 electrical code adopted by the board state fire marshal 15 pursuant to section 103.6 for work performed within the 16 jurisdictional limits of the political subdivision, provided 17 those inspections and amendments conform to the requirements 18 of this chapter . Any action by a political subdivision with 19 respect to amendments to the national electrical code shall be 20 filed with the board state fire marshal prior to enforcement 21 by the political subdivision, and shall not be less stringent 22 than the minimum standards established by the board state fire 23 marshal by rule. 24 6. A political subdivision may grant a variance or interpret 25 the national electrical code in a manner which deviates from a 26 standard interpretation on an exception basis for a one-time 27 installation or planned installation so long as such a variance 28 or interpretation does not present an electrical hazard or 29 danger to life or property. 30 7. A county shall not perform electrical inspections on a 31 farm or farm residence. 32 Sec. 29. Section 103.30, subsection 2, Code 2013, is amended 33 to read as follows: 34 2. The board state fire marshal may by rule exempt specified 35 -26- LSB 1367YH (12) 85 rn/rj 26/ 33
H.F. 259 types of new electrical installations from the state electrical 1 inspection requirements under section 103.23 , provided that 2 a political subdivision conducting inspections pursuant 3 to section 103.24 shall not be prohibited from requiring 4 inspection of any new electrical installation exempt by rule 5 from state inspection pursuant to this subsection . 6 Sec. 30. Section 103.31, Code 2013, is amended to read as 7 follows: 8 103.31 State inspection procedures. 9 1. An inspection shall be made within three business 10 days of the submission of a request for an inspection as 11 provided in section 103.25 . When necessary, circuits may be 12 energized by the authorized installer prior to inspection but 13 the installation shall remain subject to condemnation and 14 disconnection and subject to any appropriate restrictions or 15 limitations as determined by the board state fire marshal . 16 2. Where wiring is to be concealed, the inspector must 17 be notified within a reasonable time to complete rough-in 18 inspections prior to concealment, exclusive of Saturdays, 19 Sundays, and holidays. If wiring is concealed before rough-in 20 inspections without adequate notice having been given to the 21 inspector, the person responsible for having enclosed the 22 wiring shall be responsible for all costs resulting from 23 uncovering and replacing the cover material. 24 3. State inspection procedures and policies shall be 25 established and enforced by the board state fire marshal . The 26 state fire marshal , or the state fire marshal’s designee, shall 27 also enforce the procedures and policies, and enforce the 28 provisions of the national electrical code adopted by the board 29 state fire marshal . 30 4. Except when an inspection reveals that an installation or 31 portion of an installation is not in compliance with accepted 32 standards of construction for health safety and property 33 safety, based upon minimum standards set forth in the local 34 electrical code or the national electrical code adopted by the 35 -27- LSB 1367YH (12) 85 rn/rj 27/ 33
H.F. 259 board state fire marshal pursuant to section 103.6 , such that 1 an order of condemnation or disconnection is warranted pursuant 2 to section 103.26 , an inspector shall not add to, modify, or 3 amend a construction plan as originally approved by the state 4 fire marshal or the state building code commissioner in the 5 course of conducting an inspection. 6 5. Management and supervision of inspectors, including 7 hiring decisions, disciplinary action, promotions, and work 8 schedules are the responsibility of the state fire marshal 9 acting in accordance with applicable law and pursuant to any 10 applicable collective bargaining agreement. The state fire 11 marshal and the board shall jointly determine work territories, 12 regions, or districts for inspectors and continuing education 13 and ongoing training requirements applicable to inspectors. 14 An inspector subject to disciplinary action pursuant to this 15 subsection shall be entitled to an appeal according to the 16 procedure set forth in section 103.34 and judicial review 17 pursuant to section 17A.19 . 18 6. The board state fire marshal shall establish a web-based 19 an internet-based licensure verification database for access 20 by a state or local inspector for verification of licensee 21 status. The database shall include the name of every person 22 licensed under this chapter and a corresponding licensure 23 number. Inspectors shall be authorized to request the name 24 and license number of any person working at a job site subject 25 to inspection for verification of licensee status. Licensees 26 under this chapter shall be required to carry a copy of their 27 current license and photo identification at all times when 28 employed on a job site for compliance with this subsection . 29 Sec. 31. Section 103.32, subsections 1 and 2, Code 2013, are 30 amended to read as follows: 31 1. All state electrical inspection fees shall be due 32 and payable to the board state fire marshal at or before 33 commencement of the installation and shall be forwarded with 34 the request for inspection. Inspection fees provided in 35 -28- LSB 1367YH (12) 85 rn/rj 28/ 33
H.F. 259 this section shall not apply within the jurisdiction of any 1 political subdivision if the political subdivision has adopted 2 an ordinance or resolution pursuant to this chapter . 3 2. The board state fire marshal shall establish the fees for 4 inspections in amounts not to exceed: 5 a. For each separate inspection of an installation, 6 replacement, alteration, or repair, twenty-five dollars. 7 b. For services, change of services, temporary services, 8 additions, alterations, or repairs on either primary or 9 secondary services as follows: 10 (1) Zero to one hundred ampere capacity, twenty-five 11 dollars plus five dollars per branch circuit or feeder. 12 (2) One hundred one to two hundred ampere capacity, 13 thirty-five dollars plus five dollars per branch circuit or 14 feeder. 15 (3) For each additional one hundred ampere capacity or 16 fraction thereof, twenty dollars plus five dollars per branch 17 circuit or feeder. 18 c. For field irrigation system inspections, sixty dollars 19 for each unit inspected. 20 d. For the first reinspection required as a result of a 21 correction order, fifty dollars; a second reinspection required 22 as a result of noncompliance with the same correction order, 23 seventy-five dollars; and subsequent reinspections associated 24 with the same correction order, one hundred dollars for each 25 reinspection. 26 Sec. 32. Section 103.33, Code 2013, is amended to read as 27 follows: 28 103.33 Condemnation or disconnection orders —— appeals —— 29 disposition of orders pending appeal. 30 1. Any person aggrieved by a condemnation or disconnection 31 order issued by the state fire marshal’s office may appeal from 32 the order by filing a written notice of appeal with the board 33 commissioner of public safety within ten days after the date 34 the order was served upon the property owner or within ten days 35 -29- LSB 1367YH (12) 85 rn/rj 29/ 33
H.F. 259 after the order was filed with the board, whichever is later . 1 2. Upon receipt of the notice of appeal from a condemnation 2 or disconnection order because the electrical installation is 3 proximately dangerous to health or property, the order appealed 4 from shall not be stayed unless countermanded by the board 5 commissioner . 6 3. Upon receipt of notice of appeal from a condemnation 7 or disconnection order because the electrical installation 8 is not in compliance with accepted standards of construction 9 for health safety and property safety, except as provided 10 in subsection 2 , the order appealed from shall be stayed 11 until final decision of the board commissioner and the 12 board commissioner or state fire marshal shall notify the 13 property owner and the electrical contractor, class A master 14 electrician, class B master electrician, fire alarm installer, 15 special electrician, or if established by the board state 16 fire marshal the residential master electrician, making the 17 installation. The power supplier shall also be notified in 18 those instances in which the order has been served on such 19 supplier. 20 Sec. 33. Section 103.34, Code 2013, is amended to read as 21 follows: 22 103.34 Appeal procedures. 23 1. Upon receipt of a notice of appeal filed pursuant to 24 section 103.33 , the chairperson or executive secretary of the 25 board may designate a hearing officer from among the board 26 members to hear the appeal or may set the matter for hearing 27 before the full board at its next regular meeting. A majority 28 of the board shall make the decision. 29 2. Upon receiving the notice of appeal filed pursuant to 30 section 103.33 , the board commissioner of public safety shall 31 notify all persons served with the order appealed from. Such 32 persons may join in the hearing and give testimony in their own 33 behalf. The board commissioner shall set the hearing date on a 34 date not more than fourteen days after receipt of the notice of 35 -30- LSB 1367YH (12) 85 rn/rj 30/ 33
H.F. 259 appeal unless otherwise agreed by the interested parties and 1 the board commissioner . 2 Sec. 34. Section 103.35, unnumbered paragraph 1, Code 2013, 3 is amended to read as follows: 4 The board, by a simple majority vote of the entire board, 5 may suspend for a period not exceeding two years, or refuse to 6 renew, revoke the certificate of licensure of, or reprimand any 7 licensee who is found guilty of any of the following acts or 8 offenses : 9 Sec. 35. Section 103.35, Code 2013, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 10. Failure or refusal to pay any 12 examination, license, or renewal fee required by law. 13 NEW SUBSECTION . 11. Failure or refusal, if the licensee is 14 an electrical contractor, to provide and keep in force a public 15 liability insurance policy and surety bond as required by the 16 state fire marshal. 17 NEW SUBSECTION . 12. Violation of any political 18 subdivision’s inspection ordinances. 19 NEW SUBSECTION . 13. Violation of any provision of the 20 electrical code as adopted pursuant to this chapter or any rule 21 adopted pursuant to this chapter. 22 Sec. 36. Section 103.38, Code 2013, is amended to read as 23 follows: 24 103.38 Criminal violations. 25 A person who violates a permanent injunction issued pursuant 26 to section 103.37 or presents or attempts to file as the 27 person’s own the certificate of licensure of another, or who 28 gives false or forged evidence of any kind to the board state 29 fire marshal in obtaining a certificate of licensure, or who 30 falsely impersonates another practitioner of like or different 31 name, or who uses or attempts to use a revoked certificate of 32 licensure, is guilty of a fraudulent practice under chapter 33 714 . 34 Sec. 37. Section 103.39, subsection 1, paragraph c, Code 35 -31- LSB 1367YH (12) 85 rn/rj 31/ 33
H.F. 259 2013, is amended to read as follows: 1 c. Gives false or forged evidence of any kind to the board 2 or any member of the board state fire marshal in obtaining or 3 attempting to obtain a certificate of licensure. 4 Sec. 38. REPEAL. Section 103.5, Code 2013, is repealed. 5 Sec. 39. TRANSITION PROVISIONS. Any license or permit 6 issued by the board created in section 103.2, Code 2013, prior 7 to December 31, 2013, shall continue in full force and effect 8 until expiration and reissuance by the state fire marshal. 9 Sec. 40. EFFECTIVE DATE. This Act takes effect January 1, 10 2014. 11 EXPLANATION 12 This bill amends provisions throughout Code chapter 103 13 dealing with the licensure of electricians and electrical 14 contractors to modify the primary authority for administering 15 the Code chapter. 16 Currently, an electrical examining board established 17 within the division of state fire marshal of the department 18 of public safety administers the Code chapter and has primary 19 responsibility for all related functions, including the 20 adoption and application of the national electric code; 21 licensing issuance, suspension, and revocation; electrical 22 inspections; and licensee disciplinary actions. The bill 23 removes the state fire marshal or the fire marshal’s designee 24 from membership on the board and increases the number of 25 electrical inspector board members from one to two members. 26 The bill transfers most of the previous board’s 27 responsibilities to the state fire marshal. The bill deletes 28 references in the Code chapter to the national electrical 29 code, instead providing that the state fire marshal shall 30 establish by rule an electrical installation code governing the 31 installation of electrical work in Iowa. The bill provides 32 that expenditures from the electrician and installer licensing 33 and inspection fund established in Code section 103.7 shall 34 be approved by the sole authority of the state fire marshal 35 -32- LSB 1367YH (12) 85 rn/rj 32/ 33
H.F. 259 for any of the board’s duties and for the regulatory and 1 administrative functions of Code chapter 103. The bill 2 provides that the board shall retain previous authority 3 regarding the suspension or revocation of licenses and the 4 reprimanding of licensees for violations of the Code chapter 5 and imposition of civil penalties for such violations. The 6 bill transfers authority regarding appeals from persons 7 aggrieved by a condemnation or disconnection order from the 8 board to the commissioner of public safety. 9 The bill specifies that all actions and deliberations of 10 the board shall be fully subject to the open meetings and 11 open records provisions of Code chapters 21 and 22. The 12 bill provides, notwithstanding Code section 21.5, subsection 13 4, relating to closed session meetings held by governmental 14 bodies, that the minutes and audio recording of a closed 15 session of a meeting of the board shall be accessible to the 16 office of the citizens’ aide without an order of the court and 17 only for purposes of conducting a confidential investigation in 18 response to a complaint relating to the board. 19 The bill contains transition provisions regarding the 20 continuation of licenses and permits issued by the board. 21 The bill takes effect January 1, 2014. 22 -33- LSB 1367YH (12) 85 rn/rj 33/ 33
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