Text: HF02107 Text: HF02109 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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1 1 Section 1. Section 10A.502, Code 2001, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 3. Inspections relating to electrical
1 4 wiring installed by licensees pursuant to chapter 542A.
1 5 Sec. 2. NEW SECTION. 542A.1 DEFINITIONS.
1 6 As used in this chapter, unless the context otherwise
1 7 requires:
1 8 1. "Apprentice electrician" means a person, other than a
1 9 licensee under this chapter, who is engaged, as the person's
1 10 principal occupation, in learning and assisting in the
1 11 installation of electrical wiring, apparatus, and equipment as
1 12 an employee of a licensee under this chapter.
1 13 2. "Board" means the electrician examining board created
1 14 under section 542A.3.
1 15 3. "Class A master electrician/electrical contractor"
1 16 means a person having the necessary qualifications, training,
1 17 experience, and technical knowledge to plan, lay out, install,
1 18 and supervise the installation of wiring, apparatus, and
1 19 equipment for electric light, heat, power, and other purposes
1 20 and to supervise apprentice electricians.
1 21 4. "Class A journeyman electrician" means a person having
1 22 the necessary qualifications, training, experience, and
1 23 technical knowledge to wire for or install electrical wiring,
1 24 apparatus, and equipment and to supervise apprentice
1 25 electricians.
1 26 5. "Class B master electrician/electrical contractor"
1 27 means a person having the necessary qualifications, training,
1 28 experience, and technical knowledge to plan, lay out, install,
1 29 and supervise the installation of wiring, apparatus, and
1 30 equipment for systems of not over four hundred ampere capacity
1 31 for light, heat, power, and other purposes in any structure
1 32 used and maintained as a residential dwelling but not larger
1 33 than a four-family dwelling located in any city or county
1 34 which has a population of less than one hundred thousand
1 35 inhabitants.
2 1 6. "Class B journeyman electrician" means a person having
2 2 the necessary qualifications, training, experience, and
2 3 technical knowledge to wire for or install electrical wiring,
2 4 apparatus, and equipment for systems of not over four hundred
2 5 ampere capacity for light, heat, power, and other purposes in
2 6 any structure used and maintained as a residential dwelling
2 7 but not larger than a four-family dwelling located in any city
2 8 or county which has a population of less than one hundred
2 9 thousand inhabitants.
2 10 7. "Electrical inspector" means a person licensed as an
2 11 electrical inspector upon such reasonable conditions as may be
2 12 adopted by the board. The board may permit more than one
2 13 class of electrical inspector.
2 14 8. "Fire alarm installer" means a person having the
2 15 necessary qualifications, training, and experience to plan,
2 16 lay out, and install electrical wiring, apparatus, and
2 17 equipment for only those components of fire alarm systems that
2 18 operate at fifty volts or less.
2 19 9. "Installer" means a person who has the necessary
2 20 qualifications, training, experience, and technical knowledge
2 21 to lay out and install electrical wiring, apparatus, and
2 22 equipment for major electrical home appliances on the load
2 23 side of the main service in any city or county which has a
2 24 population of less than one hundred thousand inhabitants.
2 25 10. "Special electrician" means a person having the
2 26 necessary qualifications, training, and experience in wiring
2 27 or installing special classes of electrical wiring, apparatus,
2 28 equipment, or installations, including irrigation system
2 29 wiring, well pump wiring, air conditioning and refrigeration
2 30 installation, and sign installation.
2 31 Sec. 3. NEW SECTION. 542A.2 CHAPTER INAPPLICABILITY.
2 32 This chapter does not apply to a person licensed as an
2 33 engineer pursuant to chapter 542B or licensed as an architect
2 34 pursuant to chapter 544A providing consultations and
2 35 developing plans concerning electrical installations who is
3 1 exclusively engaged in the practice of the person's
3 2 profession.
3 3 Sec. 4. NEW SECTION. 542A.3 ELECTRICIAN EXAMINING BOARD
3 4 CREATED.
3 5 An electrician examining board is created within the
3 6 professional licensing and regulation division of the
3 7 department of commerce. The board shall consist of seven
3 8 members, appointed by the governor and subject to senate
3 9 confirmation, all of whom shall be residents of this state.
3 10 Two members shall be journeyman electricians, one a member of
3 11 an electrical workers union and one not a member of a union;
3 12 two members shall be master electricians/electrical
3 13 contractors, one who is a union contractor and one who is a
3 14 nonunion contractor; one member shall be an electrical
3 15 inspector; and two members, one a union member and one a
3 16 nonunion member, shall not be a member of any of the
3 17 aforementioned groups and shall represent the general public.
3 18 The public member of the board shall be allowed to participate
3 19 in administrative, clerical, or ministerial functions incident
3 20 to giving a licensure examination, but shall not determine the
3 21 content of the examination or determine the correctness of the
3 22 answers. Professional associations or societies composed of
3 23 licensed electricians may recommend to the governor the names
3 24 of potential board members whose profession is representative
3 25 of that association or society. However, the governor is not
3 26 bound by the recommendations. A board member shall not be
3 27 required to be a member of any professional electrician
3 28 association or society.
3 29 Sec. 5. NEW SECTION. 542A.4 TERMS OF OFFICE – EXPENSES
3 30 – COUNSEL.
3 31 1. Appointments shall be for three-year terms and shall
3 32 commence and end as provided by section 69.19. Vacancies
3 33 shall be filled for the unexpired term by appointment of the
3 34 governor and shall be subject to senate confirmation. Members
3 35 shall serve no more than three terms or nine years, whichever
4 1 is least.
4 2 2. Members of the board are entitled to receive all actual
4 3 expenses incurred in the discharge of their duties within the
4 4 limits of funds appropriated to the board. Each member of the
4 5 board may also be eligible to receive compensation as provided
4 6 in section 7E.6.
4 7 3. The board shall be entitled to the counsel and to the
4 8 services of the attorney general. The board may compel the
4 9 attendance of witnesses, pay witness fees and mileage, take
4 10 testimony and proofs, and administer oaths concerning any
4 11 matter within its jurisdiction.
4 12 Sec. 6. NEW SECTION. 542A.5 ORGANIZATION OF THE BOARD.
4 13 The board shall elect annually from its members a
4 14 chairperson and a vice chairperson. The administrator of the
4 15 professional licensing and regulation division of the
4 16 department of commerce shall hire and provide staff to assist
4 17 the board in administering this chapter. The board shall hold
4 18 at least one meeting at the location of the board's principal
4 19 office, and meetings shall be called at other times by the
4 20 chairperson or four members of the board. At any meeting of
4 21 the board, a majority of members constitutes a quorum.
4 22 Sec. 7. NEW SECTION. 542A.6 OFFICIAL SEAL – BYLAWS.
4 23 The board shall adopt and have an official seal which shall
4 24 be affixed to all certificates of licensure granted.
4 25 Sec. 8. NEW SECTION. 542A.7 POWERS AND DUTIES.
4 26 The board may:
4 27 1. Adopt rules pursuant to chapter 17A and in doing so
4 28 shall be governed by the minimum standards set forth in the
4 29 national electrical code issued and adopted by the national
4 30 fire protection association in 2002, publication number 70-
4 31 2002, which code shall be filed in the offices of the
4 32 secretary of state and the board and shall be a public record.
4 33 The board shall update these rules on a timely basis to
4 34 conform with subsequent editions of the national electrical
4 35 code. The board shall adopt rules establishing wiring
5 1 standards which protect public safety and health and property
5 2 and which shall apply to all electrical wiring installed by
5 3 licensees.
5 4 2. Provide upon request such additional voluntary
5 5 inspections and reviews as it deems appropriate. The board
5 6 may, in coordination with the department of inspections and
5 7 appeals, adopt rules relating to inspection procedures,
5 8 standards, and schedules with regard to electrical wiring
5 9 installed by licensees pursuant to this chapter. Rules
5 10 providing for additional inspections and reviews based on
5 11 complaints received by the board shall require commencement of
5 12 an additional inspection or review within forty-eight hours of
5 13 receipt of a complaint.
5 14 3. Revoke, suspend, or refuse to renew any license granted
5 15 pursuant to this chapter if the licensee:
5 16 a. Violates any provision of the national electrical code
5 17 as adopted pursuant to subsection 1, or any provision of this
5 18 chapter or a rule adopted pursuant to this chapter.
5 19 b. Fails or refuses to pay any application, examination,
5 20 apprentice registration, or license renewal fee required by
5 21 law.
5 22 c. Is an master electrician/electrical contractor or
5 23 master electrician and fails or refuses to provide and keep in
5 24 force a public liability insurance policy as required by the
5 25 board.
5 26 d. Violates any city-approved or county-approved
5 27 inspection ordinance.
5 28 4. Order disconnection of power to any electrical
5 29 installation that in the board's determination is dangerous to
5 30 health and property.
5 31 5. Order removal of electrical wiring, apparatus, and
5 32 equipment from premises if such wiring, apparatus, and
5 33 equipment in the board's determination are dangerous to health
5 34 and property.
5 35 6. Investigate, for the purpose of identifying dangerous
6 1 electrical wiring or violations of the national electrical
6 2 code as adopted pursuant to subsection 1, any death by
6 3 electrocution that occurs within the state.
6 4 7. Adopt rules for continuing education requirements for
6 5 each classification of licensure, and for apprentice
6 6 registration established pursuant to this chapter, and may
6 7 make all rules, not inconsistent with law, necessary for the
6 8 proper performance of its duties.
6 9 Sec. 9. NEW SECTION. 542A.8 DISCLOSURE OF CONFIDENTIAL
6 10 INFORMATION – CRIMINAL PENALTY.
6 11 A member of the board shall not disclose information
6 12 relating to the following:
6 13 1. Criminal history or prior misconduct of an applicant.
6 14 2. Information relating to the contents of an examination.
6 15 3. Information relating to examination results other than
6 16 a final score except for information about the results of an
6 17 examination given to the person who took the examination.
6 18 A member of the board who willfully communicates or seeks
6 19 to communicate such information, and any person who willfully
6 20 requests, obtains, or seeks to obtain such information, is
6 21 guilty of a simple misdemeanor.
6 22 Sec. 10. NEW SECTION. 542A.9 APPLICATIONS AND
6 23 EXAMINATIONS – FEES.
6 24 1. Applications for initial licensure shall be on forms
6 25 prescribed and furnished by the board, and shall contain
6 26 statements made under oath showing the applicant's education
6 27 and a detailed summary of the applicant's technical work. The
6 28 board shall not require that a recent photograph of the
6 29 applicant be attached to the application form. An applicant
6 30 is not ineligible for licensure because of age, citizenship,
6 31 sex, race, religion, marital status, or national origin,
6 32 although the application form may require citizenship
6 33 information. The board may deny licensure because of the past
6 34 felony record of an applicant. The board may require that an
6 35 applicant submit references.
7 1 2. Applications for licensure, and licensure renewal as
7 2 provided in section 542A.17, shall be accompanied by
7 3 application fees determined by the board. The board shall
7 4 determine the annual cost of administering licensure
7 5 examinations and shall set examination fees.
7 6 3. The board shall collect and account for all fees
7 7 provided for by this chapter and pay the fees to the treasurer
7 8 of state who shall deposit the fees in the general fund of the
7 9 state.
7 10 Sec. 11. NEW SECTION. 542A.10 PLAN, LAY OUT, OR
7 11 SUPERVISE CERTAIN ACTIVITIES – LICENSE REQUIRED –
7 12 EXCEPTIONS.
7 13 1. Except as provided in section 542A.11, a person shall
7 14 not, for another, plan, lay out, or supervise the installation
7 15 of wiring, apparatus, or equipment for electrical light, heat,
7 16 power, and other purposes unless the person is licensed by the
7 17 board as a class A master electrician/electrical contractor or
7 18 a class B master electrician/electrical contractor. A person
7 19 authorized to plan, lay out, or supervise the installation of
7 20 wiring, apparatus, or equipment for electrical light, heat,
7 21 power, and other purposes by a city preceding the effective
7 22 date of this Act pursuant to a supervised written examination
7 23 and who is currently engaged in the electrical contracting
7 24 industry with at least four years' experience, shall be issued
7 25 an applicable statewide license corresponding to that
7 26 authorized as a class A master electrician/electrical
7 27 contractor or a class B master electrician/electrical
7 28 contractor. The board shall adopt by rule criteria for city
7 29 examination standards satisfactory to fulfillment of the
7 30 requirements of this subsection and for documentation of the
7 31 four years of required experience.
7 32 2. On or after the effective date of this Act, an
7 33 applicant for licensure pursuant to this section shall meet
7 34 one of the following requirements:
7 35 a. Have at least one year's experience, acceptable to the
8 1 board, as a class A or class B journeyman electrician.
8 2 b. Have at least five years' experience, acceptable to the
8 3 board, in planning for, laying out, supervising, and
8 4 installing wiring, apparatus, or equipment for electrical
8 5 light, heat, and power.
8 6 3. In addition to the requirements of subsection 2, an
8 7 applicant shall obtain a score of at least seventy-five
8 8 percent on an examination prescribed and administered by the
8 9 board based upon the most recent national electrical code and
8 10 upon electrical theory.
8 11 Sec. 12. NEW SECTION. 542A.11 WIRING OR INSTALLING –
8 12 LICENSE REQUIRED – EXCEPTIONS.
8 13 1. Except as provided in subsection 2, a person shall not,
8 14 for another, wire for or install electrical wiring, apparatus,
8 15 or equipment unless the person is licensed by the board as a
8 16 class A master electrician/electrical contractor or a class B
8 17 master electrician/electrical contractor, or a fire alarm
8 18 installer.
8 19 2. Except as provided in section 542A.10, a person shall
8 20 not wire for or install electrical wiring, apparatus, or
8 21 equipment or supervise an apprentice electrician unless the
8 22 person is licensed as a class A journeyman electrician, a
8 23 class B journeyman electrician, or a fire alarm installer and
8 24 is employed by a class A master electrician/electrical
8 25 contractor or a class B master electrician/electrical
8 26 contractor, or a fire alarm installer.
8 27 3. A person authorized to wire for or install electrical
8 28 wiring, apparatus, or equipment or supervise an apprentice
8 29 electrician by a city preceding the effective date of this Act
8 30 pursuant to a supervised written examination, and who is
8 31 currently engaged in the electrical contracting industry with
8 32 at least four years' experience, shall be issued an applicable
8 33 statewide license corresponding to that authorization as a
8 34 class A journeyman electrician or a class B journeyman
8 35 electrician.
9 1 4. a. On or after the effective date of this Act, an
9 2 applicant for a journeyman electrician license shall have at
9 3 least four years' experience, acceptable to the board, in the
9 4 electrical trade. Beginning four years after the effective
9 5 date of this Act, an applicant for a journeyman electrician
9 6 license shall have successfully completed an apprenticeship
9 7 training program registered by the bureau of apprenticeship
9 8 and training of the United States department of labor in
9 9 accordance with the standards established by that department
9 10 or a substantially similar apprenticeship training program
9 11 approved by the board. The board may by rule provide for the
9 12 allowance of one year of experience credit for successful
9 13 completion of a two-year post-high school electrical course
9 14 approved by the board.
9 15 b. In addition to the requirements of paragraph "a", an
9 16 applicant for a journeyman electrician license shall obtain a
9 17 score of at least seventy-five percent on an examination
9 18 prescribed and administered by the board based upon the most
9 19 recent national electrical code and upon electrical theory.
9 20 Sec. 13. NEW SECTION. 542A.12 INSTALLER LICENSE –
9 21 ELIGIBILITY.
9 22 The board shall by rule establish criteria for licensure as
9 23 an installer. An installer shall only lay out and install
9 24 electrical wiring, apparatus, and equipment for major
9 25 electrical home appliances on the load side of the main
9 26 service in cities or counties having a population of less than
9 27 one hundred thousand persons.
9 28 Sec. 14. NEW SECTION. 542A.13 SPECIAL ELECTRICIAN
9 29 LICENSE – QUALIFICATIONS.
9 30 The board shall by rule provide for the issuance of special
9 31 electrician licenses empowering the licensee to engage in a
9 32 limited class or classes of electrical work, which class or
9 33 classes shall be specified on the license. Each licensee
9 34 shall have experience, acceptable to the board, in each such
9 35 limited class of work for which the licensee is licensed.
10 1 Sec. 15. NEW SECTION. 542A.14 FIRE ALARM INSTALLER
10 2 LICENSE – EXPERIENCE.
10 3 1. A person not otherwise licensed pursuant to this
10 4 chapter shall not plan, lay out, or install electrical wiring,
10 5 apparatus, and equipment for components of fire alarm systems
10 6 that operate at fifty volts or less unless the person is
10 7 licensed by the board as a fire alarm installer. A person
10 8 authorized to plan, lay out, or install electrical wiring,
10 9 apparatus, and equipment for components of fire alarm systems
10 10 that operate at fifty volts or less by a city on the effective
10 11 date of this Act shall be issued an applicable statewide
10 12 license corresponding to that authorization as a fire alarm
10 13 installer.
10 14 2. On or after the effective date of this Act, any person
10 15 licensed as a fire alarm installer to plan, lay out, and
10 16 install electrical wiring, apparatus, and equipment for
10 17 components of fire alarm systems that operate at fifty volts
10 18 or less shall have at least two years' experience, acceptable
10 19 to the board, in planning, laying out, and installing fire
10 20 alarm systems.
10 21 Sec. 16. NEW SECTION. 542A.15 APPRENTICE ELECTRICIAN –
10 22 REGISTRATION – SUPERVISION.
10 23 1. A person may register with the board and pay a
10 24 registration fee to work as an apprentice electrician. Such
10 25 registration shall entitle the registrant to act as an
10 26 apprentice to a class A master electrician/electrical
10 27 contractor, a class B master electrician/electrical
10 28 contractor, a class A journeyman electrician, or a class B
10 29 journeyman electrician as provided in subsection 2.
10 30 2. A person shall not serve as an apprentice electrician
10 31 except under the direct, personal, on-the-job supervision and
10 32 control and in the presence of a licensee enumerated in
10 33 subsection 1. Such a licensee may employ or supervise
10 34 apprentice electricians at a ratio not to exceed five
10 35 apprentice electricians to one licensee, except that such
11 1 ratio and the other requirements of this section shall not be
11 2 applicable to a teacher-student relationship within a
11 3 classroom of a community college.
11 4 For purposes of this section, "the direct, personal, on-
11 5 the-job supervision and control and in the presence of a
11 6 licensee" shall mean the licensee and the apprentice
11 7 electrician shall be working at the same project location but
11 8 shall not require that the licensee and apprentice electrician
11 9 be within sight of one another at all times.
11 10 3. An apprentice electrician shall not install, alter, or
11 11 repair electrical wiring, apparatus, or equipment except as
11 12 provided in this section, and the licensee employing or
11 13 supervising an apprentice electrician shall not authorize or
11 14 permit such actions by the apprentice electrician.
11 15 Sec. 17. NEW SECTION. 542A.16 EXAMINATIONS – REPORT
11 16 REQUIRED.
11 17 Examinations for licensure shall be given as often as
11 18 deemed necessary by the board, but no less than one time per
11 19 month. The scope of the examinations and the methods of
11 20 procedure shall be prescribed by the board. Any examination
11 21 may be given by representatives of the board. As soon as
11 22 practicable after the close of each examination, a report
11 23 shall be filed in the office of the secretary of the board by
11 24 the board. The report shall show the action of the board upon
11 25 each application and the secretary of the board shall notify
11 26 each applicant of the result of the applicant's examination.
11 27 Applicants who fail the examination once shall be allowed to
11 28 take the examination at the next scheduled time. Thereafter,
11 29 the applicant shall be allowed to take the examination at the
11 30 discretion of the board. An applicant who has failed the
11 31 examination may request, in writing, information from the
11 32 board concerning the applicant's examination grade and subject
11 33 areas or questions which the applicant failed to answer
11 34 correctly, except that if the board administers a uniform,
11 35 standardized examination, the board shall only be required to
12 1 provide the examination grade and such other information
12 2 concerning the applicant's examination results which are
12 3 available to the board.
12 4 Sec. 18. NEW SECTION. 542A.17 CONTINUING EDUCATION
12 5 REQUIREMENT – LICENSE EXPIRATIONS AND RENEWALS.
12 6 Licenses issued pursuant to this chapter shall expire three
12 7 years following issuance. The secretary of the board shall
12 8 notify every person licensed under this chapter of the date of
12 9 expiration of the certificate and the amount of the fee that
12 10 shall be required for its renewal. Such notice shall be
12 11 mailed at least one month in advance of the date of the
12 12 expiration of the certificate. In order to be eligible for
12 13 renewal, the holder of a license issued pursuant to this
12 14 chapter shall certify to the board as a part of an application
12 15 to renew that twelve hours of continuing education have been
12 16 completed covering provisions of the national electric code
12 17 and updates to that code since the issuance of the license to
12 18 be renewed. Renewal may be effected by the payment of a fee,
12 19 the amount of which shall be determined by the board. The
12 20 failure on the part of any licensee to renew a certificate in
12 21 the month of expiration as required above shall not deprive a
12 22 person of the right of renewal. A person who fails to renew a
12 23 certificate by the expiration date shall be allowed to do so
12 24 within thirty days following its expiration, but the board may
12 25 assess a reasonable penalty. For the duration of any military
12 26 intervention in which the United States is engaged the board
12 27 may, in its discretion, defer the collection of renewal fees
12 28 without penalty, which have or may become due from individuals
12 29 licensed pursuant to this chapter who are engaged in the
12 30 military intervention, and residing outside the state, or who
12 31 are members of the armed forces of the United States, and may
12 32 renew the licenses of individuals licensed pursuant to this
12 33 chapter.
12 34 Sec. 19. NEW SECTION. 542A.18 FOREIGN LICENSEES.
12 35 A person holding a certificate of licensure issued to the
13 1 person by a proper authority of a state, territory, or
13 2 possession of the United States, the District of Columbia, or
13 3 any foreign country, based on requirements and qualifications,
13 4 in the opinion of the board equal to or higher than the
13 5 requirements of this chapter, may be licensed without further
13 6 examination.
13 7 A temporary license may be granted to a person licensed in
13 8 another state, territory, or possession of the United States,
13 9 the District of Columbia, or any foreign country, as
13 10 prescribed by rule, provided that before practicing within
13 11 this state the person shall have applied for temporary
13 12 licensure and shall have paid the fee prescribed by the board.
13 13 Sec. 20. NEW SECTION. 542A.19 SUSPENSION, REVOCATION, OR
13 14 REPRIMAND.
13 15 The board, by a five-sevenths vote of the entire board, may
13 16 suspend for a period not exceeding two years, or revoke the
13 17 certificate of licensure of, or reprimand any licensee who is
13 18 found guilty of the following acts or offenses:
13 19 1. Fraud in procuring a certificate of licensure.
13 20 2. Professional incompetency.
13 21 3. Knowingly making misleading, deceptive, untrue, or
13 22 fraudulent representations in the practice of the licensee's
13 23 profession or engaging in unethical conduct or practice
13 24 harmful to the public. Proof of actual injury need not be
13 25 established.
13 26 4. Habitual intoxication or addiction to the use of drugs.
13 27 5. Conviction of a felony under the laws of the United
13 28 States, any state, territory, or possession of the United
13 29 States, the District of Columbia, or any foreign country. A
13 30 copy of the record of conviction or plea of guilty is
13 31 conclusive evidence.
13 32 6. Revocation or suspension of licensure, or other
13 33 disciplinary action by the licensing authority of another
13 34 state, territory, possession of the United States, the
13 35 District of Columbia, or any foreign country. A certified
14 1 copy of the record or order of suspension, revocation, or
14 2 other disciplinary action is prima facie evidence of such
14 3 fact.
14 4 7. Fraud in representations as to skill or ability.
14 5 8. Use of untruthful or improbable statements in
14 6 advertisements.
14 7 9. Willful or repeated violations of this chapter.
14 8 Sec. 21. NEW SECTION. 542A.20 PROCEDURE.
14 9 Proceedings for any action under section 542A.19 shall be
14 10 begun by filing with the board written charges against the
14 11 accused. Upon the filing of charges the board may request the
14 12 department of inspections and appeals to conduct an
14 13 investigation into the charges. The department of inspections
14 14 and appeals shall report its findings to the board, and the
14 15 board shall designate a time and place for a hearing, and
14 16 shall notify the accused of this action and furnish the
14 17 accused a copy of all charges at least thirty days prior to
14 18 the date of the hearing. The accused has the right to appear
14 19 personally or by counsel, to cross-examine witnesses, or to
14 20 produce witnesses in defense.
14 21 Sec. 22. NEW SECTION. 542A.21 INJUNCTION.
14 22 Any person who is not legally authorized to practice in
14 23 this state according to this chapter, who practices, or in
14 24 connection with the person's name, uses any designation
14 25 tending to imply or designate the person as authorized to
14 26 practice in this state according to this chapter, may be
14 27 restrained by permanent injunction.
14 28 Sec. 23. NEW SECTION. 542A.22 CRIMINAL VIOLATIONS.
14 29 A person who violates such a permanent injunction or
14 30 presents or attempts to file as the person's own the
14 31 certificate of licensure or apprentice registration of
14 32 another, or who gives false or forged evidence of any kind to
14 33 the board in obtaining a certificate of licensure or
14 34 apprentice registration, or who falsely impersonates another
14 35 practitioner of like or different name, or who uses or
15 1 attempts to use a revoked certificate of licensure or
15 2 registration, is guilty of a fraudulent practice.
15 3 Sec. 24. NEW SECTION. 542A.23 CIVIL PENALTY.
15 4 1. In addition to any other penalties provided for in this
15 5 chapter, the board may by order impose a civil penalty upon a
15 6 person who is not licensed or registered under this chapter
15 7 and who does any of the following:
15 8 a. Is employed in a capacity in which the person engages
15 9 in or offers to engage in the activities authorized pursuant
15 10 to this chapter.
15 11 b. Uses or employs the words "class A master
15 12 electrician/electrical contractor", "class B master
15 13 electrician/electrical contractor", "class A journeyman
15 14 electrician", "class B journeyman electrician", "fire alarm
15 15 installer", or implies authorization to provide or offer those
15 16 services, or otherwise uses or advertises any title, word,
15 17 figure, sign, card, advertisement, or other symbol or
15 18 description tending to convey the impression that the person
15 19 is a "class A master electrician/electrical contractor",
15 20 "class B master electrician/electrical contractor", "class A
15 21 journeyman electrician", "class B journeyman electrician", or
15 22 "fire alarm installer".
15 23 c. Gives false or forged evidence of any kind to the board
15 24 or any member of the board in obtaining or attempting to
15 25 obtain a certificate of licensure or registration.
15 26 d. Falsely impersonates any individual licensed pursuant
15 27 to this chapter.
15 28 e. Uses or attempts to use an expired, suspended, revoked,
15 29 or nonexistent certificate of licensure or registration.
15 30 f. Knowingly aids or abets an unlicensed or unregistered
15 31 person who engages in any activity identified in this
15 32 subsection.
15 33 2. A civil penalty imposed shall not exceed one thousand
15 34 dollars for each offense. Each day of a continued violation
15 35 constitutes a separate offense, except that offenses resulting
16 1 from the same or common facts or circumstances shall be
16 2 considered a single offense.
16 3 3. In determining the amount of a civil penalty to be
16 4 imposed, the board may consider any of the following:
16 5 a. Whether the amount imposed will be a substantial
16 6 economic deterrent to the violation.
16 7 b. The circumstances leading to the violation.
16 8 c. The severity of the violation and the risk of harm to
16 9 the public.
16 10 d. The economic benefits gained by the violator as a
16 11 result of noncompliance.
16 12 e. The interest of the public.
16 13 4. Before issuing an order under this section, the board
16 14 shall provide the person written notice and the opportunity to
16 15 request a hearing on the record. The hearing must be
16 16 requested within thirty days of the issuance of the notice and
16 17 shall be conducted in the same manner as provided in section
16 18 542A.20.
16 19 5. The board, in connection with a proceeding under this
16 20 section, may issue subpoenas to compel the attendance and
16 21 testimony of witnesses and the disclosure of evidence, and may
16 22 request the attorney general to bring an action to enforce the
16 23 subpoena.
16 24 6. A person aggrieved by the imposition of a civil penalty
16 25 under this section may seek judicial review in accordance with
16 26 section 17A.19.
16 27 7. If a person fails to pay a civil penalty within thirty
16 28 days after entry of an order under subsection 1, or if the
16 29 order is stayed pending an appeal within ten days after the
16 30 court enters a final judgment in favor of the board, the board
16 31 shall notify the attorney general. The attorney general may
16 32 commence an action to recover the amount of the penalty,
16 33 including reasonable attorney fees and costs.
16 34 8. An action to enforce an order under this section may be
16 35 joined with an action for an injunction.
17 1 Sec. 25. EFFECTIVE DATE. Sections 2 through 7, section 8,
17 2 subsections 1 and 7, and section 9 of this Act, being deemed
17 3 of immediate importance, shall become effective upon
17 4 enactment. The remaining sections and subsections of this Act
17 5 shall become effective on July 1, 2003.
17 6 EXPLANATION
17 7 This bill provides for and requires the statewide licensure
17 8 of electricians and installers and provides for the
17 9 registration of apprentice electricians. Statewide licensure
17 10 replaces current licensure of electricians on a city-by-city
17 11 basis.
17 12 The bill provides that individuals authorized to plan, lay
17 13 out, supervise, or perform the installation of wiring,
17 14 apparatus, or equipment for electrical light, heat, power, and
17 15 other purposes by a city on the effective date of the bill,
17 16 who has passed a city examination, is currently engaged in the
17 17 industry, and possesses four years' experience, shall be
17 18 issued a statewide license corresponding to their current
17 19 classification, as defined in the bill, of class A master
17 20 electrician/electrical contractor, class B master
17 21 electrician/electrical contractor, class A journeyman
17 22 electrician, class B journeyman electrician, or fire alarm
17 23 installer. The bill provides that an individual applying for
17 24 licensure on or after the effective date of the licensing
17 25 portions of the bill shall be required to meet the specified
17 26 licensure criteria. The bill provides that an applicant shall
17 27 have at least one year's experience, acceptable to the board,
17 28 as a class A journeyman electrician or a class B journeyman
17 29 electrician; or have at least five years' experience,
17 30 acceptable to the board, in planning for, laying out,
17 31 supervising, and installing wiring, apparatus, or equipment
17 32 for electrical light, heat, and power. The bill additionally
17 33 provides that an applicant must obtain a score of at least 75
17 34 percent on an examination prescribed and administered by the
17 35 board based upon the most recent national electrical code and
18 1 upon electrical theory.
18 2 The bill provides that individuals authorized to wire for
18 3 or install for another individual electrical wiring,
18 4 apparatus, or equipment, or supervise an apprentice
18 5 electrician, by a city preceding the effective date of the
18 6 licensing portions of the bill shall be issued a statewide
18 7 license corresponding to their current classification, as
18 8 defined in the bill, of class A journeyman electrician, class
18 9 B journeyman electrician, or fire alarm installer provided the
18 10 individual is employed by a class A master
18 11 electrician/electrical contractor, a class B master
18 12 electrician/electrical contractor, or a fire alarm installer
18 13 and has passed a city examination, is currently engaged in the
18 14 industry, and possesses four years' experience. The bill
18 15 provides that on or after the effective date of the licensing
18 16 portions of the bill, an applicant shall possess at least four
18 17 years' experience in the electrical trade, and that beginning
18 18 four years after the effective date, an apprenticeship
18 19 training program shall have been successfully completed. The
18 20 bill provides that the board may by rule provide for the
18 21 allowance of one year of experience credit for successful
18 22 completion of a two-year post-high school electrical course
18 23 approved by the board. The bill provides that an applicant
18 24 for a class A or class B journeyman electrician license shall
18 25 obtain a score of at least 75 percent on an examination
18 26 prescribed and administered by the board based upon the most
18 27 recent national electrical code and upon electrical theory.
18 28 The bill provides for the creation of a seven-member
18 29 electrician examining board within the professional licensing
18 30 and regulation division of the department of commerce. The
18 31 bill provides that board members shall be appointed by the
18 32 governor and subject to senate confirmation, and shall be
18 33 residents of the state. The bill provides that membership
18 34 shall be comprised of two journeyman electricians, one a
18 35 member of an electrical workers union and one not a member;
19 1 two master electricians/electrical contractors, one who is a
19 2 union contractor and one who is not; one electrical inspector,
19 3 and two members, one union and one nonunion, who are not
19 4 members of the aforementioned groups representing the general
19 5 public. The bill specifies several specific powers of the
19 6 electrician examining board. The bill provides that the board
19 7 shall adopt rules pursuant to Code chapter 17A governed by the
19 8 minimum standards set forth in the national electrical code
19 9 issued and adopted by the national fire protection association
19 10 in 2002, publication number 70-2002, establishing wiring
19 11 standards which protect public safety and health and property
19 12 and which shall apply to all electrical wiring installed by
19 13 licensees. The bill provides that the board shall provide
19 14 upon request such additional voluntary inspections and reviews
19 15 as it deems appropriate, establish rules for inspections based
19 16 on complaints within 48 hours, and in coordination with the
19 17 department of inspections and appeals adopt rules relating to
19 18 inspection procedures, standards, and schedules with regard to
19 19 electrical wiring installed by licensees. The bill contains
19 20 provisions relating to the circumstances leading to the
19 21 revocation, suspension, or refusal to renew a license, and
19 22 provides that the board may order disconnection of power to
19 23 any electrical installation that in the board's determination
19 24 is dangerous to health and property, order removal of
19 25 electrical wiring and apparatus from premises when such wiring
19 26 and apparatus in the board's determination is dangerous to
19 27 health and property, investigate dangerous electrical wiring
19 28 or violations of the national electrical code, and establish
19 29 rules for continuing education requirements for each
19 30 classification of licensure and registration.
19 31 The bill additionally provides that the board shall
19 32 establish criteria for the statewide licensure of an
19 33 individual possessing an installer license to lay out and
19 34 install electrical wiring, apparatus, and equipment for major
19 35 electrical home appliances on the load side of the main
20 1 service in any city or county having a population of less than
20 2 100,000 inhabitants. The bill provides for the issuance of
20 3 special electrician licenses empowering the licensee to engage
20 4 in a limited class or classes of electrical work. The bill
20 5 also provides for the statewide licensure of an individual
20 6 authorized to plan, lay out, and install electrical wiring,
20 7 apparatus, and equipment for components of fire alarm systems
20 8 that operate at 50 volts or less by a city on the effective
20 9 date of the licensing portions of the bill. The bill provides
20 10 that beginning on or after the effective date of the licensing
20 11 portions of the bill, an applicant for a fire alarm installer
20 12 license shall have at least two years' experience, acceptable
20 13 to the board, in planning, laying out, and installing fire
20 14 alarm systems.
20 15 The bill provides for a registration process for apprentice
20 16 electricians. The bill provides that registration shall
20 17 entitle the registrant to act as an apprentice electrician to
20 18 a class A master electrician/electrical contractor, a class B
20 19 master electrician/electrical contractor, a class A journeyman
20 20 electrician, or a class B journeyman electrician, and that an
20 21 apprentice electrician shall do no electrical wiring except
20 22 under the direct, personal, on-the-job supervision and control
20 23 and in the presence of such licensed individuals. The bill
20 24 provides that a licensee may employ or supervise apprentice
20 25 electricians at a ratio not to exceed five apprentice
20 26 electricians to one licensee, with the exception of a teacher-
20 27 student relationship within a classroom of a community
20 28 college.
20 29 The bill provides an application process and provides for
20 30 the establishment of application, examination, licensure,
20 31 renewal, and registration fees. The bill additionally
20 32 provides suspension, revocation, reprimand, and penalty
20 33 provisions. Provisions of the bill relating primarily to
20 34 definitions and the establishment of the electrician examining
20 35 board take effect upon enactment. Remaining provisions of the
21 1 bill, dealing primarily with forms of and qualifications for
21 2 licensure or registration, take effect on July 1, 2003.
21 3 LSB 5001HH 79
21 4 rn/cf/24.1
Text: HF02107 Text: HF02109 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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