HF 443 (LSB 2053HV (1) 87)

HOUSE FILE 443

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 86)

A BILL FOR

An Act modifying licensing provisions applicable to electricians and electrical contractors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  103.1A  Term “commercial” applied.
   As used in this chapter:
   1.  “Commercial” refers to a use, installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise is stored or offered for sale on a wholesale or retail basis.
   2.  “Commercial” refers to a residence only if the residence is regularly open to the public as a place of business as provided in subsection 1.
   3.  “Commercial” does not refer to a use, installation, structure, or premises associated with any of the following:
   a.  A farm.
   b.  An industrial installation.
    Sec. 2.  Section 103.22, subsection 7, Code 2017, is amended to read as follows:
   7.  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 an apartment that is attached to any other apartment or building, as those terms are defined in section 499B.2, 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.
    Sec. 3.  Section 103.22, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Apply to a person performing any installation on a farm, if the person is associated with the farm as a holder of a legal or equitable interest, a relative or employee of the holder, or an operator or manager of the farm. The provisions of this chapter do not require such person to be licensed. In addition, a permit is not required for an installation on a farm, and an installation on a farm is not required to be inspected. In order for a farm building to qualify under this subsection, the farm building must not be regularly open to the public as a place of business for the retail sale of goods, wares, services, or merchandise.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies licensing provisions applicable to electricians and electrical contractors.
   The bill provides that whenever the term “commercial” is used in Code chapter 103, pertaining to the licensure of electricians and electrical contractors, it refers to a use, installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise is stored or offered for sale on a wholesale or retail basis, and refers to a residence only if the residence is regularly open to the public as a place of business. The bill states that “commercial” does not refer to a use, installation, structure, or premises associated with either a farm or an industrial installation.
   The bill removes reference to farm property from Code section 103.22, subsection 7, which provides an exemption from Code chapter 103 for performing electrical work on an owner’s principal residence under specified circumstances. The bill creates a new subsection in Code section 103.22 specifically relating to farm property, stating that the Code chapter’s inapplicability provisions shall cover a person performing any installation on a farm, if the person is associated with the farm as a holder of a legal or equitable interest, a relative or employee of the holder, or an operator or manager of the farm, and that such person shall not be required to be licensed under the Code chapter. The bill also states that a permit is not required for an installation on a farm, and an installation on a farm is not required to be inspected. In order for a farm building to qualify for Code chapter inapplicability, the bill provides that the farm property shall not be regularly open to the public as a place of business for the retail sale of goods, wares, services, or merchandise.