House File 2741 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HSB 700)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing statewide licensure of electricians and
2 installers, providing for inspections, establishing fees, and
3 providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 103.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Apprentice electrician" means any person who as such
1 5 person's principal occupation is engaged in learning and
1 6 assisting in the installation, alteration, and repair of
1 7 electrical wiring, apparatus, and equipment as an employee of
1 8 a person licensed under this chapter, and who is licensed by
1 9 the board and is progressing toward completion of an
1 10 apprenticeship training program registered by the bureau of
1 11 apprenticeship and training of the United States department of
1 12 labor. For purposes of this chapter, persons who are not
1 13 engaged in the installation, alteration, or repair of
1 14 electrical wiring, apparatus, and equipment, either inside or
1 15 outside buildings, shall not be considered apprentice
1 16 electricians.
1 17 2. "Board" means the electrical examining board created
1 18 under section 103.2.
1 19 3. "Class A journeyman electrician" means a person having
1 20 the necessary qualifications, training, experience, and
1 21 technical knowledge to wire for or install electrical wiring,
1 22 apparatus, and equipment and to supervise apprentice
1 23 electricians and who is licensed by the board.
1 24 4. "Class A master electrician" means a person having the
1 25 necessary qualifications, training, experience, and technical
1 26 knowledge to properly plan, lay out, and supervise the
1 27 installation of electrical wiring, apparatus, and equipment
1 28 for light, heat, power, and other purposes and who is licensed
1 29 by the board.
1 30 5. "Class B journeyman electrician" means a person having
1 31 the necessary qualifications, training, experience, and
1 32 technical knowledge to wire for or install electrical wiring,
1 33 apparatus, and equipment who meets and is subject to the
1 34 restrictions of section 103.12.
1 35 6. "Class B master electrician" means a person having the
2 1 necessary qualifications, training, experience, and technical
2 2 knowledge to properly plan, lay out, and supervise the
2 3 installation of electrical wiring, apparatus, and equipment
2 4 who meets and is subject to the restrictions of section
2 5 103.10.
2 6 7. "Commercial installation" means an installation
2 7 intended for commerce, but does not include a residential
2 8 installation.
2 9 8. "Electrical contractor" means a person who is licensed
2 10 by the board as either a class A or class B master electrician
2 11 and who is also registered with the state of Iowa as a
2 12 contractor.
2 13 9. "Industrial installation" means an installation
2 14 intended for use in the manufacture or processing of products
2 15 involving systematic labor or habitual employment and includes
2 16 installations in which agricultural or other products are
2 17 habitually or customarily processed or stored for others,
2 18 either by buying or reselling on a fee basis.
2 19 10. "Inspector" means a person certified as an electrical
2 20 inspector upon such reasonable conditions as may be adopted by
2 21 the board. The board may permit more than one class of
2 22 electrical inspector.
2 23 11. "Life safety installer" means a person who is
2 24 certified at level two or higher by the national institute for
2 25 certification in engineering technology, who is qualified to
2 26 oversee the installation of life safety systems, including
2 27 fire alarm, security, and nurse call systems, and who is
2 28 licensed by the board.
2 29 12. "New electrical installation" means the installation
2 30 of electrical wiring, apparatus, and equipment for light,
2 31 heat, power, and other purposes.
2 32 13. "Public use building or facility" means any building
2 33 or facility designated for public use, including all property
2 34 owned and occupied or designated for use by the state of Iowa.
2 35 14. "Residential installation" means an installation
3 1 intended for a single=family or two=family residential
3 2 dwelling or a multifamily residential dwelling not larger than
3 3 a four=family dwelling.
3 4 15. "Routine maintenance" means the repair or replacement
3 5 of existing electrical apparatus or equipment of the same size
3 6 and type for which no changes in wiring are made.
3 7 16. "Special electrician" means a person having the
3 8 necessary qualifications, training, and experience in wiring
3 9 or installing special classes of electrical wiring, apparatus,
3 10 equipment, or installations which shall include irrigation
3 11 system wiring, air conditioning and refrigeration
3 12 installation, and sign installation and who is licensed by the
3 13 board.
3 14 17. "Unclassified person" means any person, other than an
3 15 apprentice electrician or other person licensed under this
3 16 chapter, who, as such person's principal occupation, is
3 17 engaged in learning and assisting in the installation,
3 18 alteration, and repair of electrical wiring, apparatus, and
3 19 equipment as an employee of a person licensed under this
3 20 chapter, and who is licensed by the board as an unclassified
3 21 person. For purposes of this chapter, persons who are not
3 22 engaged in the installation, alteration, or repair of
3 23 electrical wiring, apparatus, and equipment, either inside or
3 24 outside buildings, shall not be considered unclassified
3 25 persons.
3 26 Sec. 2. NEW SECTION. 103.2 ELECTRICAL EXAMINING BOARD
3 27 CREATED.
3 28 1. An electrical examining board is created within the
3 29 division of state fire marshal of the department of public
3 30 safety. The board shall consist of eleven voting members
3 31 appointed by the governor and subject to senate confirmation,
3 32 all of whom shall be residents of this state.
3 33 2. The members shall be as follows:
3 34 a. Two members shall be journeyman electricians, one a
3 35 member of an electrical workers union covered under a
4 1 collective bargaining agreement and one not a member of a
4 2 union.
4 3 b. Two members shall be master electricians or electrical
4 4 contractors, one of whom is a contractor signed to a
4 5 collective bargaining agreement or a master electrician
4 6 covered under a collective bargaining agreement and one of
4 7 whom is a nonunion contractor or a master electrician who is
4 8 not a member of a union.
4 9 c. One member shall be an electrical inspector.
4 10 d. Two members, one a union member covered under a
4 11 collective bargaining agreement and one a nonunion member,
4 12 shall not be a member of any of the aforementioned groups and
4 13 shall represent the general public.
4 14 e. One member shall be the state fire marshal or a
4 15 representative of the state fire marshal's office.
4 16 f. One member shall be a local building official employed
4 17 by a political subdivision to perform electrical inspections
4 18 for that political subdivision.
4 19 g. One member shall represent a public utility.
4 20 h. One member shall be an engineer licensed pursuant to
4 21 chapter 542B with a background in electrical engineering.
4 22 3. The public members of the board shall be allowed to
4 23 participate in administrative, clerical, or ministerial
4 24 functions incident to giving a licensure examination, but
4 25 shall not determine the content of the examination or
4 26 determine the correctness of the answers. Professional
4 27 associations or societies composed of licensed electricians
4 28 may recommend to the governor the names of potential board
4 29 members whose profession is representative of that association
4 30 or society. However, the governor is not bound by the
4 31 recommendations. A board member shall not be required to be a
4 32 member of any professional electrician association or society.
4 33 Sec. 3. NEW SECTION. 103.3 TERMS OF OFFICE == EXPENSES
4 34 == COUNSEL.
4 35 1. Appointments to the board, other than the state fire
5 1 marshal or a representative of the state fire marshal's
5 2 office, shall be for three=year terms and shall commence and
5 3 end as provided by section 69.19. The most recently appointed
5 4 state fire marshal, or a representative of the state fire
5 5 marshal's office, shall be appointed to the board on an
5 6 ongoing basis. Vacancies shall be filled for the unexpired
5 7 term by appointment of the governor and shall be subject to
5 8 senate confirmation. Members shall serve no more than three
5 9 terms or nine years, whichever is least.
5 10 2. Members of the board are entitled to receive all actual
5 11 expenses incurred in the discharge of their duties within the
5 12 limits of funds appropriated to the board. Each member of the
5 13 board may also be eligible to receive compensation as provided
5 14 in section 7E.6.
5 15 3. The board shall be entitled to the counsel and services
5 16 of the attorney general. The board may compel the attendance
5 17 of witnesses, pay witness fees and mileage, take testimony and
5 18 proofs, and administer oaths concerning any matter within its
5 19 jurisdiction.
5 20 Sec. 4. NEW SECTION. 103.4 ORGANIZATION OF THE BOARD.
5 21 The board shall elect annually from its members a
5 22 chairperson and a vice chairperson, and shall hire and provide
5 23 staff to assist the board in administering this chapter. An
5 24 executive secretary designated by the board shall report to
5 25 the state fire marshal for purposes of routine board
5 26 administrative functions, and shall report directly to the
5 27 board for purposes of execution of board policy such as
5 28 application of licensing criteria and processing of
5 29 applications. The board shall hold at least one meeting
5 30 annually at the location of the board's principal office, and
5 31 meetings shall be called at other times by the chairperson or
5 32 four members of the board. At any meeting of the board, a
5 33 majority of members constitutes a quorum.
5 34 Sec. 5. NEW SECTION. 103.5 OFFICIAL SEAL == BYLAWS.
5 35 The board shall adopt and have an official seal which shall
6 1 be affixed to all certificates of licensure granted.
6 2 Sec. 6. NEW SECTION. 103.6 POWERS AND DUTIES.
6 3 The board shall:
6 4 1. Adopt rules pursuant to chapter 17A and in doing so
6 5 shall be governed by the minimum standards set forth in the
6 6 most current publication of the national electrical code
6 7 issued and adopted by the national fire protection
6 8 association, and amendments to the code, which code and
6 9 amendments shall be filed in the offices of the secretary of
6 10 state and the board and shall be a public record. The board
6 11 shall adopt rules reflecting updates to the code and
6 12 amendments to the code. The board shall promulgate and adopt
6 13 rules establishing wiring standards that protect public safety
6 14 and health and property and that apply to all electrical
6 15 wiring which is installed subject to this chapter.
6 16 2. Revoke, suspend, or refuse to renew any license granted
6 17 pursuant to this chapter when the licensee:
6 18 a. Fails or refuses to pay any examination, license, or
6 19 renewal fee required by law.
6 20 b. Is an electrical contractor and fails or refuses to
6 21 provide and keep in force a public liability insurance policy
6 22 as required by the board.
6 23 c. Violates any political subdivision's inspection
6 24 ordinances.
6 25 The board may, in its discretion, revoke, suspend, or
6 26 refuse to renew any license granted pursuant to this chapter
6 27 when the licensee violates any provision of the national
6 28 electrical code as adopted pursuant to subsection 1, this
6 29 chapter, or any rule adopted pursuant to this chapter.
6 30 3. Adopt rules for continuing education requirements for
6 31 each classification of licensure established pursuant to this
6 32 chapter, and adopt all rules, not inconsistent with the law,
6 33 necessary for the proper performance of the duties of the
6 34 board.
6 35 4. Provide for the amount and collection of fees for
7 1 inspection and other services.
7 2 Sec. 7. NEW SECTION. 103.7 ELECTRICIAN AND INSTALLER
7 3 LICENSING AND INSPECTION FUND.
7 4 An electrician and installer licensing and inspection fund
7 5 is created in the state treasury as a separate fund under the
7 6 control of the board. All licensing, examination, renewal,
7 7 and inspection fees shall be deposited into the fund and
7 8 retained by and for the use of the board. Expenditures from
7 9 the fund shall be approved by the sole authority of the board.
7 10 Amounts deposited into the fund shall be considered repayment
7 11 receipts as defined in section 8.2. Notwithstanding section
7 12 8.33, any balance in the fund on June 30 of each fiscal year
7 13 shall not revert to the general fund of the state, but shall
7 14 remain available for the purposes of this chapter in
7 15 subsequent fiscal years. Notwithstanding section 12C.7,
7 16 subsection 2, interest or earnings on moneys deposited in the
7 17 fund shall be credited to the fund.
7 18 Sec. 8. NEW SECTION. 103.8 PLAN, LAY OUT, OR SUPERVISE
7 19 CERTAIN ACTIVITIES == LICENSE REQUIRED == EXCEPTIONS.
7 20 Except as provided in sections 103.13 and 103.14, no person
7 21 shall, for another, plan, lay out, or supervise the
7 22 installation of wiring, apparatus, or equipment for electrical
7 23 light, heat, power, and other purposes unless the person is
7 24 licensed by the board as an electrical contractor, a class A
7 25 master electrician, or a class B master electrician.
7 26 Sec. 9. NEW SECTION. 103.9 ELECTRICAL CONTRACTOR
7 27 LICENSE.
7 28 1. An applicant for an electrical contractor license shall
7 29 either be or employ a licensed class A or class B master
7 30 electrician, and be registered with the state of Iowa as a
7 31 contractor.
7 32 2. A contractor who holds a class B master electrician
7 33 license shall be licensed subject to the restrictions of
7 34 section 103.10.
7 35 Sec. 10. NEW SECTION. 103.10 CLASS A MASTER ELECTRICIAN
8 1 LICENSE == QUALIFICATIONS == CLASS B MASTER ELECTRICIAN
8 2 LICENSE.
8 3 1. An applicant for a class A master electrician license
8 4 shall have at least one year's experience, acceptable to the
8 5 board, as a licensed class A or class B journeyman
8 6 electrician.
8 7 2. In addition, an applicant shall obtain a score of at
8 8 least seventy=five percent on an examination prescribed and
8 9 administered by the board based upon the most recent national
8 10 electrical code adopted pursuant to section 103.6 and upon
8 11 electrical theory.
8 12 3. a. An applicant who can provide proof acceptable to
8 13 the board that the applicant has been working in the
8 14 electrical business and involved in planning for, laying out,
8 15 supervising, and installing electrical wiring, apparatus, or
8 16 equipment for light, heat, and power prior to 1990 may be
8 17 granted a class B master electrician license without taking an
8 18 examination. An applicant who is issued a class B master
8 19 electrician license pursuant to this section shall not be
8 20 authorized to plan, lay out, or supervise the installation of
8 21 electrical wiring, apparatus, and equipment in a political
8 22 subdivision which, prior to or after the effective date of
8 23 this section of this Act, establishes licensing standards
8 24 which preclude such work by class B master electricians in the
8 25 political subdivision. The board shall adopt rules
8 26 establishing procedures relating to the restriction of a class
8 27 B master electrician license pursuant to this subsection.
8 28 b. A class B master electrician may become licensed as a
8 29 class A master electrician upon successful passage of the
8 30 examination prescribed in subsection 2.
8 31 4. A person licensed to plan, lay out, or supervise the
8 32 installation of electrical wiring, apparatus, or equipment for
8 33 light, heat, power, and other purposes and supervise
8 34 apprentice electricians by a political subdivision preceding
8 35 the effective date of this section of this Act pursuant to a
9 1 supervised written examination, and who is currently engaged
9 2 in the electrical contracting industry, shall be issued an
9 3 applicable statewide license corresponding to that licensure
9 4 as a class A master electrician or electrical contractor. The
9 5 board shall adopt by rule certain criteria for city
9 6 examination standards satisfactory to fulfill this
9 7 requirement.
9 8 Sec. 11. NEW SECTION. 103.11 WIRING OR INSTALLING ==
9 9 SUPERVISING APPRENTICES LICENSE REQUIRED == QUALIFICATIONS.
9 10 1. Except as provided in section 103.13, no person shall,
9 11 for another, wire for or install electrical wiring, apparatus,
9 12 or equipment, or supervise an apprentice electrician or
9 13 unclassified person, unless the person is licensed by the
9 14 board as an electrical contractor, a class A master
9 15 electrician, a class B master electrician, or a life safety
9 16 installer, or is licensed as a class A journeyman electrician,
9 17 a class B journeyman electrician, or a life safety installer
9 18 and is employed by an electrical contactor, a class A master
9 19 electrician, a class B master electrician, or a life safety
9 20 installer.
9 21 2. For purposes of this section, the holder of a life
9 22 safety installer license shall only supervise those
9 23 apprentices engaged in the installation of fire alarm
9 24 equipment and apparatus operating at fifty volts or less.
9 25 Sec. 12. NEW SECTION. 103.12 CLASS A JOURNEYMAN
9 26 ELECTRICIAN LICENSE QUALIFICATIONS == CLASS B JOURNEYMAN
9 27 ELECTRICIAN LICENSE.
9 28 1. An applicant for a class A journeyman electrician
9 29 license shall have successfully completed an apprenticeship
9 30 training program registered by the bureau of apprenticeship
9 31 and training of the United States department of labor in
9 32 accordance with the standards established by that department.
9 33 An applicant may petition the board to receive a waiver of
9 34 this requirement. The board shall determine a level of on=
9 35 the=job experience as an unclassified person sufficient to
10 1 qualify for a waiver.
10 2 2. In addition, an applicant shall obtain a score of at
10 3 least seventy=five percent on an examination prescribed and
10 4 administered by the board based upon the most recent national
10 5 electrical code adopted pursuant to section 103.6 and upon
10 6 electrical theory.
10 7 3. a. An applicant who can provide proof acceptable to
10 8 the board that the applicant has been employed as a journeyman
10 9 electrician since 1990 may be granted a class B journeyman
10 10 electrician license without taking an examination. An
10 11 applicant who is issued a class B journeyman electrician
10 12 license pursuant to this section shall not be authorized to
10 13 wire for or install electrical wiring, apparatus, and
10 14 equipment in a political subdivision which, prior to or after
10 15 the effective date of this section of this Act, establishes
10 16 licensing standards which preclude such work by class B
10 17 journeyman electricians in the political subdivision. The
10 18 board shall adopt rules establishing procedures relating to
10 19 the restriction of a class B journeyman electrician license
10 20 pursuant to this subsection.
10 21 b. A class B journeyman electrician may become licensed as
10 22 a class A journeyman electrician upon successful passage of
10 23 the examination prescribed in subsection 2.
10 24 4. A person licensed to wire for or install electrical
10 25 wiring, apparatus, or equipment or supervise an apprentice
10 26 electrician by a political subdivision preceding the effective
10 27 date of this section of this Act pursuant to a supervised
10 28 written examination, and who is currently engaged in the
10 29 electrical contracting industry with at least four years'
10 30 experience, shall be issued an applicable statewide license
10 31 corresponding to that licensure as a class A journeyman
10 32 electrician or a class B journeyman electrician. The board
10 33 shall adopt by rule certain criteria for city examination
10 34 standards satisfactory to fulfill this requirement.
10 35 Sec. 13. NEW SECTION. 103.13 SPECIAL ELECTRICIAN LICENSE
11 1 == QUALIFICATIONS.
11 2 The board shall by rule provide for the issuance of special
11 3 electrician licenses authorizing the licensee to engage in a
11 4 limited class or classes of electrical work, which class or
11 5 classes shall be specified on the license. Each licensee
11 6 shall have experience, acceptable to the board, in each such
11 7 limited class of work for which the person is licensed.
11 8 Sec. 14. NEW SECTION. 103.14 LIFE SAFETY INSTALLER
11 9 LICENSE.
11 10 1. A person not otherwise licensed pursuant to this
11 11 chapter shall not plan, lay out, or install electrical wiring,
11 12 apparatus, and equipment for components of life safety
11 13 systems. A person authorized to plan, lay out, or install
11 14 electrical wiring, apparatus, and equipment for components of
11 15 life safety systems that operate at fifty volts or less by a
11 16 political subdivision on the effective date of this section of
11 17 this Act shall be issued an applicable statewide license
11 18 corresponding to that authorization as a life safety
11 19 installer.
11 20 2. On or after the effective date of this section of this
11 21 Act, any person to be licensed as a life safety installer to
11 22 plan, lay out, and install electrical wiring, apparatus, and
11 23 equipment for components of life safety systems shall have at
11 24 least two years' experience, acceptable to the board, in
11 25 planning, laying out, and installing life safety systems.
11 26 3. In addition to the requirements of subsections 1 and 2,
11 27 an applicant for a life safety installer license shall obtain
11 28 a score of at least seventy=five percent on a level two or
11 29 higher examination prescribed and administered by the board
11 30 based on the most recent national institute for certification
11 31 in engineering technology requirements.
11 32 4. A person licensed as a class A or class B master
11 33 electrician, or a class A or class B journeyman electrician,
11 34 who has not successfully passed the examination prescribed in
11 35 subsection 3 shall be authorized to install electrical wiring,
12 1 apparatus, and equipment for components of life safety systems
12 2 if their work is approved by a person who is licensed as a
12 3 life safety installer.
12 4 Sec. 15. NEW SECTION. 103.15 APPRENTICE ELECTRICIAN ==
12 5 UNCLASSIFIED PERSON.
12 6 1. A person shall be licensed by the board and pay a
12 7 licensing fee to work as an apprentice electrician while
12 8 participating in an apprenticeship training program registered
12 9 by the bureau of apprenticeship and training of the United
12 10 States department of labor in accordance with the standards
12 11 established by that department. A person is eligible for
12 12 licensure as an apprentice electrician for only one
12 13 apprenticeship, which shall be limited to six years from the
12 14 date of licensure, unless extended by the board upon a finding
12 15 that a hardship existed which prevented completion of the
12 16 apprenticeship program. Such licensure shall entitle the
12 17 licensee to act as an apprentice to an electrical contractor,
12 18 a class A master electrician, a class B master electrician, a
12 19 class A journeyman electrician, or a class B journeyman
12 20 electrician as provided in subsection 3.
12 21 2. A person shall be licensed as an unclassified person by
12 22 the board to perform electrical work if the work is performed
12 23 under the personal supervision of a person actually licensed
12 24 to perform such work and the licensed and unclassified persons
12 25 are employed by the same employer. After one hundred
12 26 continuous days of employment as a nonlicensed unclassified
12 27 person, the unclassified person must receive a license from
12 28 the board. Licensed persons shall not permit unclassified
12 29 persons to perform electrical work except under the personal
12 30 supervision of a person actually licensed to perform such
12 31 work. Unclassified persons shall not supervise the
12 32 performance of electrical work or make assignments of
12 33 electrical work to unclassified persons. Electrical
12 34 contractors employing unclassified persons performing
12 35 electrical work shall maintain records establishing compliance
13 1 with this section, which shall designate all unclassified
13 2 persons performing electrical work.
13 3 3. Apprentice electricians and unclassified persons shall
13 4 do no electrical wiring except under the direct personal on=
13 5 the=job supervision and control and in the immediate presence
13 6 of a licensee pursuant to this chapter. Such supervision
13 7 shall include both on=the=job training and related classroom
13 8 training as approved by the board. The licensee may employ or
13 9 supervise apprentice electricians and unclassified persons at
13 10 a ratio not to exceed three apprentice electricians and
13 11 unclassified persons to one licensee, except that such ratio
13 12 and the other requirements of this section shall not apply to
13 13 apprenticeship classroom training.
13 14 4. For purposes of this section, "the direct personal on=
13 15 the=job supervision and control and in the immediate presence
13 16 of a licensee" shall mean the licensee and the apprentice
13 17 electrician or unclassified person shall be working at the
13 18 same project location but shall not require that the licensee
13 19 and apprentice electrician or unclassified person be within
13 20 sight of one another at all times.
13 21 5. An apprentice electrician shall not install, alter, or
13 22 repair electrical equipment except as provided in this
13 23 section, and the licensee employing or supervising an
13 24 apprentice electrician shall not authorize or permit such
13 25 actions by the apprentice electrician.
13 26 Sec. 16. NEW SECTION. 103.16 LICENSE EXAMINATIONS.
13 27 1. Examinations for licensure shall be given as often as
13 28 deemed necessary by the board, but no less than one time per
13 29 month. The scope of the examinations and the methods of
13 30 procedure shall be prescribed by the board. The examinations
13 31 given by the board shall be the experior assessment
13 32 examination, or a successor examination approved by the board,
13 33 or an examination prepared by a third=party testing service
13 34 which is substantially equivalent to the experior assessment
13 35 examination, or a successor examination approved by the board.
14 1 2. An examination may be given by representatives of the
14 2 board. As soon as practicable after the close of each
14 3 examination, a report shall be filed in the office of the
14 4 secretary of the board by the board. The report shall show
14 5 the action of the board upon each application and the
14 6 secretary of the board shall notify each applicant of the
14 7 result of the applicant's examination. Applicants who fail
14 8 the examination once shall be allowed to take the examination
14 9 at the next scheduled time. Thereafter, the applicant shall
14 10 be allowed to take the examination at the discretion of the
14 11 board. An applicant who has failed the examination may
14 12 request, in writing, information from the board concerning the
14 13 applicant's examination grade and subject areas or questions
14 14 which the applicant failed to answer correctly, except that if
14 15 the board administers a uniform, standardized examination, the
14 16 board shall only be required to provide the examination grade
14 17 and such other information concerning the applicant's
14 18 examination results which are available to the board.
14 19 Sec. 17. NEW SECTION. 103.17 DISCLOSURE OF CONFIDENTIAL
14 20 INFORMATION == CRIMINAL PENALTY.
14 21 A member of the board shall not disclose information
14 22 relating to the following:
14 23 1. Criminal history or prior misconduct of an applicant.
14 24 2. Information relating to the contents of an examination.
14 25 3. Information relating to examination results other than
14 26 a final score except for information about the results of an
14 27 examination given to the person who took the examination.
14 28 A member of the board who willfully communicates or seeks
14 29 to communicate such information, and any person who willfully
14 30 requests, obtains, or seeks to obtain such information, is
14 31 guilty of a simple misdemeanor.
14 32 Sec. 18. NEW SECTION. 103.18 LICENSE RENEWAL ==
14 33 CONTINUING EDUCATION.
14 34 In order to renew a class A master electrician, class B
14 35 master electrician, class A journeyman electrician, or class B
15 1 journeyman electrician license issued pursuant to this
15 2 chapter, the licensee shall be required to complete eighteen
15 3 contact hours of continuing education courses approved by the
15 4 board during the three=year period for which a license is
15 5 granted. The contact hours shall include a minimum of six
15 6 contact hours studying the national electrical code described
15 7 in section 103.6, and the remaining contact hours may include
15 8 study of electrical circuit theory, blueprint reading,
15 9 transformer and motor theory, electrical circuits and devices,
15 10 control systems, programmable controllers, and microcomputers
15 11 or any other study of electrical=related material that is
15 12 approved by the board. Any additional hours studying the
15 13 national electrical code shall be acceptable. For purposes of
15 14 this section, "contact hour" means fifty minutes of classroom
15 15 attendance at an approved course under a qualified instructor
15 16 approved by the board.
15 17 Sec. 19. NEW SECTION. 103.19 LICENSES == EXPIRATION ==
15 18 APPLICATION == FEES.
15 19 Licenses issued pursuant to this chapter shall expire every
15 20 three years, with the exception of licenses for apprentice
15 21 electricians and unclassified persons, which shall expire on
15 22 an annual basis. All license applications shall include the
15 23 applicant's social security number. The board shall establish
15 24 the fees to be payable for examination and license issuance
15 25 and renewal in amounts not to exceed the following:
15 26 1. For examinations:
15 27 a. Class A master electrician, one hundred twenty=five
15 28 dollars.
15 29 b. Class A journeyman electrician, sixty dollars.
15 30 c. Life safety installer, sixty dollars.
15 31 2. For each year of the three=year license period for
15 32 issuance and renewal:
15 33 a. Electrical contractor, one hundred twenty=five dollars.
15 34 b. Class A master electrician, class B master electrician,
15 35 one hundred twenty=five dollars.
16 1 c. Class A journeyman electrician, class B journeyman
16 2 electrician, life safety installer, or special electrician,
16 3 twenty=five dollars.
16 4 3. For apprentice electricians, twenty dollars.
16 5 The holder of an expired license may renew the license for
16 6 a period of three months from the date of expiration upon
16 7 payment of the license fee plus ten percent of the renewal fee
16 8 for each month or portion thereof past the expiration date.
16 9 All holders of licenses expired for more than three months
16 10 shall apply for a new license.
16 11 Sec. 20. NEW SECTION. 103.20 DEATH OF LICENSEE ==
16 12 REPRESENTATIVE TO CARRY ON BUSINESS == INSURANCE REQUIRED.
16 13 Upon the death of an electrical contractor, a class A
16 14 master electrician, a class B master electrician, or a life
16 15 safety installer, the board may permit a representative to
16 16 carry on the business of the decedent for a period not to
16 17 exceed six months for the purpose of completing work under
16 18 contract to comply with this chapter. Such representative
16 19 shall furnish all public liability and property damage
16 20 insurance required by the board.
16 21 Sec. 21. NEW SECTION. 103.21 LICENSES WITHOUT
16 22 EXAMINATION == RECIPROCITY WITH OTHER STATES.
16 23 1. To the extent that any other state which provides for
16 24 the licensing of electricians provides for similar action, the
16 25 board may grant licenses, without examination, of the same
16 26 grade and class to an electrician who has been licensed by
16 27 such other state for at least one year, upon payment by the
16 28 applicant of the required fee, and upon the board being
16 29 furnished with proof that the qualifications of the applicant
16 30 are equal to the qualifications of holders of similar licenses
16 31 in this state.
16 32 2. A temporary ninety=day license may be granted to a
16 33 person licensed in another state, territory, or possession of
16 34 the United States, or the District of Columbia, as prescribed
16 35 by rule, provided that before practicing within this state the
17 1 person shall have applied for temporary licensure, have taken
17 2 an equivalent test in their state and have verifiable work
17 3 experience, and shall have paid the fee to be established by
17 4 the board by rule. An applicant who does not meet one or more
17 5 of these requirements may petition the board for reciprocity.
17 6 Sec. 22. NEW SECTION. 103.22 CHAPTER INAPPLICABILITY.
17 7 The provisions of this chapter shall not:
17 8 1. Apply to a person licensed as an engineer pursuant to
17 9 chapter 542B or registered as an architect pursuant to chapter
17 10 544A providing consultations and developing plans concerning
17 11 electrical installations who is exclusively engaged in the
17 12 practice of the person's profession.
17 13 2. Require employees of municipal corporations, electric
17 14 membership or cooperative associations, public utility
17 15 corporations, rural water associations or districts,
17 16 railroads, telecommunications companies, franchised cable
17 17 television operators, or commercial or industrial companies
17 18 performing manufacturing, installation, and repair work for
17 19 such employer to hold licenses while acting within the scope
17 20 of their employment.
17 21 3. Require any person doing work for which a license would
17 22 otherwise be required under this chapter to hold a license
17 23 issued under this chapter if the person is the holder of a
17 24 valid license issued by any political subdivision, so long as
17 25 the person makes electrical installations only in the
17 26 jurisdictional limits of such political subdivision and such
17 27 license issued by the political subdivision meets the
17 28 requirements of this chapter.
17 29 4. Apply to the installation, maintenance, repair, or
17 30 alteration of vertical transportation or passenger conveyors,
17 31 elevators, moving walks, dumbwaiters, stagelifts, manlifts, or
17 32 appurtenances thereto beyond the terminals of the controllers.
17 33 The licensing of elevator contractors or constructors shall
17 34 not be considered a part of the licensing requirements of this
17 35 chapter.
18 1 5. Require a license of any person who engages any
18 2 electrical appliance where approved electrical outlets are
18 3 already installed.
18 4 6. Prohibit an owner of property from performing work on
18 5 the owner's principal residence, if such residence is an
18 6 existing dwelling rather than new construction and is not
18 7 larger than a single=family dwelling, or farm property,
18 8 excluding commercial or industrial installations or
18 9 installations in public use buildings or facilities, or
18 10 require such owner to be licensed under this chapter. In
18 11 order to qualify for inapplicability pursuant to this
18 12 subsection, a residence shall qualify for the homestead tax
18 13 exemption.
18 14 7. Require that any person be a member of a labor union in
18 15 order to be licensed.
18 16 8. Apply to a person who is qualified pursuant to
18 17 administrative rules relating to the storage and handling of
18 18 liquefied petroleum gases while engaged in installing,
18 19 servicing, testing, replacing, or maintaining propane gas
18 20 utilization equipment, or gas piping systems of which the
18 21 equipment is a part, and related or connected accessory
18 22 systems or equipment necessary to the operation of the
18 23 equipment.
18 24 9. Apply to a person who meets the requirements for a well
18 25 contractor pursuant to administrative rules while engaged in
18 26 installing, servicing, testing, replacing, or maintaining a
18 27 well or well equipment, or piping systems of which the
18 28 equipment is a part, and related or connected accessory
18 29 systems or equipment necessary to the operation of the
18 30 equipment.
18 31 Sec. 23. NEW SECTION. 103.23 ELECTRICAL INSTALLATIONS ==
18 32 SUBJECT TO INSPECTION.
18 33 The inspection and enforcement provisions of this chapter
18 34 shall apply to the following:
18 35 1. All new electrical installations for commercial or
19 1 industrial applications, including installations both inside
19 2 and outside of buildings, and for public use buildings and
19 3 facilities and any installation at the request of the owner.
19 4 2. All new electrical installations for residential
19 5 applications in excess of single=family residential
19 6 applications.
19 7 3. All new electrical installations for single=family
19 8 residential applications requiring new electrical service
19 9 equipment.
19 10 4. Existing electrical installations observed during
19 11 inspection which constitute an electrical hazard. Existing
19 12 installations shall not be deemed to constitute an electrical
19 13 hazard if the wiring when originally installed was installed
19 14 in accordance with the electrical code in force at the time of
19 15 installation and has been maintained in that condition.
19 16 Sec. 24. NEW SECTION. 103.24 STATE INSPECTION ==
19 17 INAPPLICABILITY IN CERTAIN POLITICAL SUBDIVISIONS ==
19 18 ELECTRICAL INSPECTORS == CERTIFICATE OF QUALIFICATION.
19 19 1. No person other than the holder of an electrical
19 20 inspector's certificate of qualification shall be appointed to
19 21 act as an electrical inspector and to enforce this chapter as
19 22 an electrical inspector and to enforce this chapter or any
19 23 applicable resolution or ordinance within the inspector's
19 24 jurisdiction. The board shall establish by rule standards for
19 25 the certification and decertification of state electrical
19 26 inspectors, and certified electrical inspector continuing
19 27 education requirements.
19 28 2. State inspection shall not apply within the
19 29 jurisdiction of any political subdivision which, pursuant to
19 30 section 103.29, provides by resolution or ordinance standards
19 31 of electrical wiring and its installation that are not less
19 32 than those prescribed by the board or by this chapter and
19 33 which further provides by resolution or ordinance for the
19 34 inspection of electrical installations within the limits of
19 35 such subdivision by a certified electrical inspector. A copy
20 1 of the certificate of each electrical inspector shall be
20 2 provided to the board by the political subdivision issuing the
20 3 certificate.
20 4 3. State inspection shall not apply to routine
20 5 maintenance.
20 6 Sec. 25. NEW SECTION. 103.25 REQUEST FOR INSPECTION ==
20 7 FEES.
20 8 At or before commencement of any installation required to
20 9 be inspected by the board, the licensee or owner making such
20 10 installation shall submit to the state fire marshal's office a
20 11 request for inspection. The board shall prescribe the methods
20 12 by which the request may be submitted, which may include
20 13 electronic submission or through a form prescribed by the
20 14 board that can be submitted either through the mail or by a
20 15 fax transmission. The board shall also prescribe methods by
20 16 which inspection fees can by paid, which may include
20 17 electronic methods of payment. If the board or the state fire
20 18 marshal's office becomes aware that a person has failed to
20 19 file a necessary request for inspection, the board or the
20 20 state fire marshal's office shall send a written notification
20 21 by certified mail that the request must by filed within
20 22 fourteen days. Any person filing a late request for
20 23 inspection shall pay a delinquency fee in an amount to be
20 24 determined by the board. Failure to file a late request
20 25 within fourteen days shall be subject to a civil penalty to be
20 26 determined by the board by rule.
20 27 Sec. 26. NEW SECTION. 103.26 CONDEMNATION ==
20 28 DISCONNECTION == OPPORTUNITY TO CORRECT NONCOMPLIANCE.
20 29 If the inspector finds that any installation or portion of
20 30 an installation is not in compliance with accepted standards
20 31 of construction for safety to health and property, based upon
20 32 minimum standards set forth in the local electrical code or
20 33 the national electrical code adopted by the board pursuant to
20 34 section 103.6, the inspector shall by written order condemn
20 35 the installation or noncomplying portion or order service to
21 1 such installation disconnected and shall send a copy of such
21 2 order to the board and the electrical utility supplying power
21 3 involved. If the installation or the noncomplying portion is
21 4 such as to seriously and proximately endanger human health or
21 5 property, the order of the inspector when approved by the
21 6 inspector's superior shall require immediate condemnation and
21 7 disconnection by the applicant. In all other cases, the order
21 8 of the inspector shall establish a reasonable period of time
21 9 for the installation to be brought into compliance with
21 10 accepted standards of construction for safety to health and
21 11 property prior to the effective date established in such order
21 12 for condemnation or disconnection.
21 13 Sec. 27. NEW SECTION. 103.27 CONDEMNATION OR
21 14 DISCONNECTION ORDER == SERVICE.
21 15 1. A copy of each condemnation or disconnection order
21 16 shall be served personally or by regular mail upon the
21 17 property owner at the property owner's last known address, the
21 18 licensee making the installation, and such other persons as
21 19 the board by rule may direct.
21 20 2. The electrical utility supplying power shall be served
21 21 with a copy of any order which requires immediate
21 22 disconnection or prohibits energizing an installation.
21 23 Sec. 28. NEW SECTION. 103.28 CERTIFICATE OF SAFE
21 24 OPERATION == DISMISSAL OF CONDEMNATION OR DISCONNECTION ORDER.
21 25 1. No electrical installation subject to inspection by the
21 26 board shall be newly connected or reconnected for use until
21 27 the electrical inspector has filed with the electrical utility
21 28 supplying power a certificate stating that the electrical
21 29 inspector has approved such energization.
21 30 2. If the electrical inspector determines that an
21 31 electrical installation subject to inspection by the board is
21 32 not in compliance with accepted standards of construction for
21 33 safety to health and property, based upon minimum standards
21 34 adopted by the board pursuant to this chapter, the inspector
21 35 shall issue a correction order. A correction order made
22 1 pursuant to this section shall be served personally or by
22 2 United States mail only upon the licensee making the
22 3 installation. The correction order shall order the licensee
22 4 to make the installation comply with the standards, noting
22 5 specifically what changes are required. The order shall
22 6 specify a date, not more than seventeen calendar days from the
22 7 date of the order, when a new inspection shall be made. When
22 8 the installation is brought into compliance to the
22 9 satisfaction of the inspector, the inspector shall file with
22 10 the electrical utility supplying power a certificate stating
22 11 that the electrical inspector has approved energization.
22 12 3. An electrical utility supplier may refuse service
22 13 without liability for such refusal until the provisions of
22 14 this section have been met.
22 15 Sec. 29. NEW SECTION. 103.29 POLITICAL SUBDIVISION
22 16 INSPECTIONS == AUTHORITY OF POLITICAL SUBDIVISION.
22 17 1. A political subdivision performing electrical
22 18 inspections prior to December 31, 2006, shall continue to
22 19 perform such inspections. After December 31, 2011, a
22 20 political subdivision may choose to discontinue performing its
22 21 own inspections and permit the board to have jurisdiction over
22 22 inspections in the political subdivision. If a political
22 23 subdivision seeks to discontinue its own inspections prior to
22 24 December 31, 2011, the political subdivision shall petition
22 25 the board. If a unanimous vote of the board finds that a
22 26 political subdivision's inspections are inadequate by reason
22 27 of misfeasance, malfeasance, or nonfeasance, the board may
22 28 suspend or revoke the political subdivision's authority to
22 29 perform its own inspections. A political subdivision not
22 30 performing electrical inspections prior to December 31, 2006,
22 31 may make provision for inspection of electrical installations
22 32 within its jurisdiction, in which case it shall keep on file
22 33 with the board copies of its current inspection ordinances or
22 34 resolutions and electrical codes.
22 35 2. A political subdivision that performs electrical
23 1 inspections may set appropriate permit fees to pay for such
23 2 inspections. A political subdivision shall not require any
23 3 person holding a license from the board to pay any license fee
23 4 or take any examination if the person holds a current license
23 5 issued by the board which is of a classification equal to or
23 6 greater than the classification needed to do the work
23 7 proposed. Any such political subdivision may provide a
23 8 requirement that each person doing electrical work within the
23 9 jurisdiction of such political subdivision have on file with
23 10 the political subdivision a copy of the current license issued
23 11 by the board or such other evidence of such license as may be
23 12 provided by the board.
23 13 Sec. 30. NEW SECTION. 103.30 INSPECTIONS NOT REQUIRED.
23 14 Nothing in this chapter shall be construed to require the
23 15 work of employees of municipal corporations, railroads,
23 16 electric membership or cooperative associations, public
23 17 utility corporations, rural water associations or districts,
23 18 or telecommunications systems to be inspected while acting
23 19 within the scope of their employment.
23 20 Sec. 31. NEW SECTION. 103.31 SUPPLIER OF ELECTRICAL
23 21 SERVICE == LIABILITY.
23 22 Upon inspection and approval by any certified inspector,
23 23 all liability upon any supplier of electrical service for
23 24 subsequent damage or loss arising from any installation shall
23 25 be terminated, except for any acts of gross negligence by such
23 26 supplier.
23 27 Sec. 32. NEW SECTION. 103.32 STATE INSPECTION
23 28 PROCEDURES.
23 29 1. An inspection shall be made within three business days
23 30 of the submission of a request for an inspection as provided
23 31 in section 103.25. When necessary, circuits may be energized
23 32 by the authorized installer prior to inspection but the
23 33 installation shall remain subject to condemnation and
23 34 disconnection.
23 35 2. Where wiring is to be concealed, the inspector must be
24 1 notified within a reasonable time to complete rough=in
24 2 inspections prior to concealment, exclusive of Saturdays,
24 3 Sundays, and holidays. If wiring is concealed before rough=in
24 4 inspections without adequate notice having been given to the
24 5 inspector, the person responsible for having enclosed the
24 6 wiring shall be responsible for all costs resulting from
24 7 uncovering and replacing the cover material.
24 8 3. State inspection procedures and policies shall be
24 9 established by the board. The state fire marshal, or the
24 10 state fire marshal's designee, shall enforce the procedures
24 11 and policies, and enforce the provisions of the national
24 12 electrical code adopted by the board.
24 13 4. Except when an inspection reveals that an installation
24 14 or portion of an installation is not in compliance with
24 15 accepted standards of construction for safety to health and
24 16 property, based upon minimum standards set forth in the local
24 17 electrical code or the national electrical code adopted by the
24 18 board pursuant to section 103.6, such that an order of
24 19 condemnation or disconnection is warranted pursuant to section
24 20 103.26, an inspector shall not add to, modify, or amend a
24 21 construction plan as originally approved by the state fire
24 22 marshal in the course of conducting an inspection. The state
24 23 fire marshal shall establish by rule procedures to ensure the
24 24 uniform and consistent application and enforcement of the
24 25 national electrical code by each individual performing
24 26 inspections pursuant to this chapter.
24 27 Sec. 33. NEW SECTION. 103.33 STATE INSPECTION FEES.
24 28 1. All state electrical inspection fees shall be due and
24 29 payable to the board at or before commencement of the
24 30 installation and shall be forwarded with the request for
24 31 inspection. Inspection fees provided in this section shall
24 32 not apply within the jurisdiction of any political subdivision
24 33 if the political subdivision has adopted an ordinance or
24 34 resolution pursuant to this chapter.
24 35 2. The board shall establish the fees for inspections in
25 1 amounts not to exceed:
25 2 a. For each separate inspection of an installation,
25 3 replacement, alteration, or repair, twenty=five dollars.
25 4 b. For services, change of services, temporary services,
25 5 additions, alterations, or repairs on either primary or
25 6 secondary services as follows:
25 7 (1) Zero to one hundred ampere capacity, twenty=five
25 8 dollars plus five dollars per branch circuit or feeder.
25 9 (2) One hundred one to two hundred ampere capacity,
25 10 thirty=five dollars plus five dollars per branch circuit or
25 11 feeder.
25 12 (3) For each additional one hundred ampere capacity or
25 13 fraction thereof, twenty dollars plus five dollars per branch
25 14 circuit or feeder.
25 15 c. For field irrigation system inspections, sixty dollars
25 16 for each unit inspected.
25 17 d. For the first reinspection required as a result of a
25 18 correction order, fifty dollars; a second reinspection
25 19 required as a result of noncompliance with the same correction
25 20 order, seventy=five dollars; and subsequent reinspections
25 21 associated with the same correction order, one hundred dollars
25 22 for each reinspection.
25 23 3. When an inspection is requested by an owner, the
25 24 minimum fee shall be thirty dollars plus five dollars per
25 25 branch circuit or feeder. The fee for fire and accident
25 26 inspections shall be computed at the rate of forty=seven
25 27 dollars per hour, and mileage and other expenses shall be
25 28 reimbursed as provided by the office of the state fire
25 29 marshal.
25 30 4. For installations requiring more than six months in the
25 31 process of construction and in excess of three hundred dollars
25 32 total inspection fees, the persons responsible for the
25 33 installation may, after a minimum filing fee of one hundred
25 34 dollars, pay a prorated fee for each month and submit it with
25 35 an order for payment initiated by the electrical inspector.
26 1 Sec. 34. NEW SECTION. 103.34 CONDEMNATION OR
26 2 DISCONNECTION ORDERS == APPEALS == DISPOSITION OF ORDERS
26 3 PENDING APPEAL.
26 4 1. Any person aggrieved by a condemnation or disconnection
26 5 order issued by the state fire marshal's office may appeal
26 6 from the order by filing a written notice of appeal with the
26 7 board within ten days after the date the order was served upon
26 8 the owner or within ten days after the order was filed with
26 9 the board, whichever is later.
26 10 2. Upon receipt of the notice of appeal from a
26 11 condemnation or disconnection order because the electrical
26 12 installation is proximately dangerous to health or property,
26 13 the order appealed from shall not be stayed unless
26 14 countermanded by the board.
26 15 3. Upon receipt of notice of appeal from a condemnation or
26 16 disconnection order because the electrical installation is not
26 17 in compliance with accepted standards of construction for
26 18 safety to health and property, the order appealed from shall
26 19 be stayed until final decision of the board and the board
26 20 shall notify the property owner and the electrical contractor,
26 21 class A master electrician, class B master electrician, fire
26 22 alarm installer, or special electrician making the
26 23 installation. The power supplier shall also be notified in
26 24 those instances in which the order has been served on such
26 25 supplier.
26 26 Sec. 35. NEW SECTION. 103.35 APPEAL PROCEDURES.
26 27 1. Upon receipt of a notice of appeal, the chairperson or
26 28 executive secretary of the board may designate a hearing
26 29 officer from among the board members to hear the appeal or may
26 30 set the matter for hearing before the full board at its next
26 31 regular meeting. A majority of the board shall make the
26 32 decision.
26 33 2. Upon receiving the notice of appeal, the board shall
26 34 notify all persons served with the order appealed from. Such
26 35 persons may join in the hearing and give testimony in their
27 1 own behalf. The board shall set the hearing date on a date
27 2 not more than fourteen days after receipt of the notice of
27 3 appeal unless otherwise agreed by the interested parties and
27 4 the board.
27 5 Sec. 36. NEW SECTION. 103.36 SUSPENSION, REVOCATION, OR
27 6 REPRIMAND.
27 7 The board, by a simple majority vote of the entire board,
27 8 may suspend for a period not exceeding two years, or revoke
27 9 the certificate of licensure of, or reprimand any licensee who
27 10 is found guilty of any of the following acts or offenses:
27 11 1. Fraud in procuring a certificate of licensure.
27 12 2. Professional incompetency.
27 13 3. Knowingly making misleading, deceptive, untrue, or
27 14 fraudulent representations in the practice of the licensee's
27 15 profession or engaging in unethical conduct or practice
27 16 harmful to the public. Proof of actual injury need not be
27 17 established.
27 18 4. Habitual intoxication or addiction to the use of drugs.
27 19 5. Conviction of a felony under the laws of the United
27 20 States, this state, any other state, territory, or possession
27 21 of the United States, the District of Columbia, or any foreign
27 22 country. A copy of the record of conviction or plea of guilty
27 23 is conclusive evidence of such conviction.
27 24 6. Revocation or suspension of licensure, or other
27 25 disciplinary action by the licensing authority of another
27 26 state, territory, or possession of the United States, the
27 27 District of Columbia, or any foreign country. A certified
27 28 copy of the record or order of suspension, revocation, or
27 29 other disciplinary action is prima facie evidence of such
27 30 fact.
27 31 7. Fraud in representations as to skill or ability.
27 32 8. Use of untruthful or improbable statements in
27 33 advertisements.
27 34 9. Willful or repeated violations of this chapter.
27 35 Sec. 37. NEW SECTION. 103.37 PROCEDURE.
28 1 Proceedings for any action under section 103.36 shall be
28 2 commenced by filing with the board written charges against the
28 3 accused. Upon the filing of charges, the board shall conduct
28 4 an investigation into the charges. The board shall designate
28 5 a time and place for a hearing, and shall notify the accused
28 6 of this action and furnish the accused a copy of all charges
28 7 at least thirty days prior to the date of the hearing. The
28 8 accused has the right to appear personally or by counsel, to
28 9 cross=examine witnesses, or to produce witnesses in defense.
28 10 Sec. 38. NEW SECTION. 103.38 INJUNCTION.
28 11 Any person who is not legally authorized to practice in
28 12 this state according to this chapter, who practices, or in
28 13 connection with the person's name, uses any designation
28 14 tending to imply or designate the person as authorized to
28 15 practice in this state according to this chapter, may be
28 16 restrained by permanent injunction.
28 17 Sec. 39. NEW SECTION. 103.39 CRIMINAL VIOLATIONS.
28 18 A person who violates a permanent injunction issued
28 19 pursuant to section 103.38 or presents or attempts to file as
28 20 the person's own the certificate of licensure of another, or
28 21 who gives false or forged evidence of any kind to the board in
28 22 obtaining a certificate of licensure, or who falsely
28 23 impersonates another practitioner of like or different name,
28 24 or who uses or attempts to use a revoked certificate of
28 25 licensure, is guilty of a fraudulent practice under chapter
28 26 714.
28 27 Sec. 40. NEW SECTION. 103.40 CIVIL PENALTY.
28 28 1. In addition to any other penalties provided for in this
28 29 chapter, the board may by order impose a civil penalty upon a
28 30 person who is not licensed under this chapter and who does any
28 31 of the following:
28 32 a. Is employed in a capacity in which the person engages
28 33 in or offers to engage in the activities authorized pursuant
28 34 to this chapter.
28 35 b. Uses or employs the words "electrical contractor" or
29 1 "class A master electrician", "class B master electrician",
29 2 "class A journeyman electrician", "class B journeyman
29 3 electrician", or "life safety installer", or implies
29 4 authorization to provide or offer those services, or otherwise
29 5 uses or advertises any title, word, figure, sign, card,
29 6 advertisement, or other symbol or description tending to
29 7 convey the impression that the person is an "electrical
29 8 contractor", "class A master electrician", "class B master
29 9 electrician", "class A journeyman electrician", "class B
29 10 journeyman electrician", or "life safety installer".
29 11 c. Gives false or forged evidence of any kind to the board
29 12 or any member of the board in obtaining or attempting to
29 13 obtain a certificate of licensure.
29 14 d. Falsely impersonates any individual licensed pursuant
29 15 to this chapter.
29 16 e. Uses or attempts to use an expired, suspended, revoked,
29 17 or nonexistent certificate of licensure.
29 18 f. Knowingly aids or abets an unlicensed person who
29 19 engages in any activity identified in this subsection.
29 20 2. A civil penalty imposed shall not exceed one thousand
29 21 dollars for each offense. Each day of a continued violation
29 22 constitutes a separate offense, except that offenses resulting
29 23 from the same or common facts or circumstances shall be
29 24 considered a single offense.
29 25 3. In determining the amount of a civil penalty to be
29 26 imposed, the board may consider any of the following:
29 27 a. Whether the amount imposed will be a substantial
29 28 economic deterrent to the violation.
29 29 b. The circumstances leading to the violation.
29 30 c. The severity of the violation and the risk of harm to
29 31 the public.
29 32 d. The economic benefits gained by the violator as a
29 33 result of noncompliance.
29 34 e. The interest of the public.
29 35 4. Before issuing an order under this section, the board
30 1 shall provide the person written notice and the opportunity to
30 2 request a hearing on the record. The hearing must be
30 3 requested within thirty days of the issuance of the notice and
30 4 shall be conducted in the same manner as provided in section
30 5 103.37.
30 6 5. The board, in connection with a proceeding under this
30 7 section, may issue subpoenas to compel the attendance and
30 8 testimony of witnesses and the disclosure of evidence, and may
30 9 request the attorney general to bring an action to enforce the
30 10 subpoena.
30 11 6. A person aggrieved by the imposition of a civil penalty
30 12 under this section may seek judicial review in accordance with
30 13 section 17A.19.
30 14 7. If a person fails to pay a civil penalty within thirty
30 15 days after entry of an order under subsection 1, or if the
30 16 order is stayed pending an appeal within ten days after the
30 17 court enters a final judgment in favor of the board, the board
30 18 shall notify the attorney general. The attorney general may
30 19 commence an action to recover the amount of the penalty,
30 20 including reasonable attorney fees and costs.
30 21 8. An action to enforce an order under this section may be
30 22 joined with an action for an injunction.
30 23 Sec. 41. EFFECTIVE DATES. Sections 1 through 5, section
30 24 6, subsections 1 and 6, and section 17, being deemed of
30 25 immediate importance, take effect upon enactment. Sections 23
30 26 through 35 of this Act take effect January 1, 2008. The
30 27 remaining sections and subsections of this Act take effect
30 28 January 1, 2007.
30 29 EXPLANATION
30 30 This bill provides for a statewide system of licensure for
30 31 electricians and life safety installers, provisions regarding
30 32 electrical inspections, and specifies related licensing and
30 33 inspection fees. The new statewide licensure system
30 34 supplements current licensure of electricians on a city=by=
30 35 city basis, permitting electricians to practice on a
31 1 statewide, as well as local, basis.
31 2 The bill provides for the creation of an 11=member
31 3 electrical examining board within the state fire marshal
31 4 division of the department of public safety.
31 5 The bill establishes several powers and duties relating to
31 6 the activities of the board. The board shall be authorized to
31 7 adopt rules to administer the chapter, and in so doing shall
31 8 be governed by the minimum standards set forth in the national
31 9 electrical code issued and adopted by the national fire
31 10 protection association. The rules shall establish wiring
31 11 standards that protect public safety and health and property
31 12 and that apply to all electrical wiring installed pursuant to
31 13 the chapter. Additional powers and duties of the board
31 14 include the ability to revoke, suspend, or refuse to renew any
31 15 license under specified circumstances, to adopt rules for
31 16 continuing education requirements, and to specify fee levels
31 17 and collection procedures.
31 18 The bill creates an electrician and installer licensing and
31 19 inspection fund in the state treasury as a separate fund under
31 20 the control of the board. The bill provides that all
31 21 licensing, registration, examination, renewal, and inspection
31 22 fees deposited or paid into the fund are appropriated and made
31 23 available to the board, and that the balance shall not revert
31 24 to the general fund.
31 25 The bill provides that in order to, for another, plan, lay
31 26 out, or supervise the installation of electrical wiring,
31 27 apparatus, or equipment for light, heat, or power, an
31 28 individual must be licensed by the board as an electrical
31 29 contractor, a class A master electrician, or a class B master
31 30 electrician, as defined in the bill. The bill provides that
31 31 an applicant for an electrical contractor license shall either
31 32 be or employ a licensed class A or class B master electrician,
31 33 and be registered with the state of Iowa as a contractor.
31 34 The bill provides that an applicant for a class A master
31 35 electrician license shall have at least one year's experience,
32 1 acceptable to the board, as a licensed class A or class B
32 2 journeyman electrician, and obtain a score of at least 75
32 3 percent on an examination prescribed and administered by the
32 4 board. An applicant who establishes that they have been
32 5 working in the electrical business and involved in planning
32 6 for, laying out, supervising, and installing electrical
32 7 wiring, apparatus, or equipment for light, heat, and power
32 8 prior to 1990 may be granted a class B master electrician
32 9 license without being tested, valid unless a political
32 10 subdivision establishes standards not permitting such work by
32 11 a class B master electrician. Additionally, the bill states
32 12 that a person licensed to plan, lay out, or supervise the
32 13 installation of electrical wiring, apparatus, or equipment for
32 14 light, heat, power, and other purposes by a political
32 15 subdivision preceding the effective date of the applicable
32 16 section of the bill pursuant to a supervised written
32 17 examination and who is currently engaged in the electrical
32 18 contracting industry, shall be issued an applicable
32 19 corresponding statewide license with the board adopting by
32 20 rule criteria for political subdivision examination standards.
32 21 The bill provides that a person shall not, for another,
32 22 wire for or install electrical wiring, apparatus, or
32 23 equipment, or supervise an apprentice electrician or
32 24 unclassified person, unless licensed by the board as an
32 25 electrical contractor, a class A master electrician, a class B
32 26 master electrician, or a life safety installer, or is licensed
32 27 as a class A or B journeyman electrician or life safety
32 28 installer and employed by an electrical contractor, class A or
32 29 B master electrician, or a life safety installer as defined in
32 30 the bill.
32 31 The bill provides that an applicant for a class A
32 32 journeyman electrician license shall have successfully
32 33 completed an apprenticeship training program and have obtained
32 34 a score of at least 75 percent on an examination prescribed
32 35 and administered by the board. An applicant who can provide
33 1 proof that they have been employed as a journeyman electrician
33 2 since 1990 can be granted a class B journeyman electrician
33 3 license without being tested subject to political subdivision
33 4 restrictions similar to those applicable for class B master
33 5 electricians. The bill provides that a person licensed to
33 6 wire for or install electrical wiring, electrical apparatus,
33 7 or electrical equipment or supervise an apprentice electrician
33 8 by a political subdivision preceding the effective date of the
33 9 applicable section of the bill pursuant to a supervised
33 10 written examination, and who is currently engaged in the
33 11 electrical contracting industry with at least four years'
33 12 experience, shall be issued an applicable corresponding
33 13 statewide license, with the board adopting rules for criteria
33 14 for city examination standards.
33 15 The bill provides for a special electrician license
33 16 authorizing the licensee to engage in a limited class or
33 17 classes of electrical work. Additionally, the bill provides
33 18 for the licensing of a life safety installer. The bill
33 19 provides that a person authorized to plan, lay out, or install
33 20 electrical wiring, electrical apparatus, and electrical
33 21 equipment for components of life safety systems that operate
33 22 at 50 volts or less by a political subdivision on the
33 23 applicable section of the bill's effective date shall be
33 24 issued an applicable statewide license corresponding to that
33 25 authorization, and that on or after the effective date of the
33 26 applicable section of the bill, a person licensed as a life
33 27 safety installer to plan, lay out, and install electrical
33 28 wiring, electrical apparatus, and electrical equipment for
33 29 components of life safety systems shall have at least two
33 30 years' experience, acceptable to the board, in planning,
33 31 laying out, and installing life safety systems. Additionally,
33 32 the bill specifies that an applicant for a life safety
33 33 installer license shall obtain a score of at least 75 percent
33 34 on an examination prescribed and administered by the board.
33 35 The bill provides that a person licensed as a class A or class
34 1 B master electrician, or a class A or class B journeyman
34 2 electrician, who has not successfully passed the examination
34 3 shall be authorized to install electrical wiring, apparatus,
34 4 and equipment for components of life safety systems if their
34 5 work is approved by a person who is licensed as a life safety
34 6 installer.
34 7 The bill additionally includes provisions pertaining to
34 8 apprentice electricians and unclassified persons employed by
34 9 licensees. The bill provides that a person shall be licensed
34 10 to work as an apprentice electrician while participating in an
34 11 apprenticeship training program, and that a person is eligible
34 12 as an apprentice electrician for only one apprenticeship,
34 13 which shall be limited to six years from the date of licensure
34 14 unless extended for hardship. A person shall be licensed as
34 15 an unclassified person to perform electrical work if the work
34 16 is performed under the personal supervision of a person
34 17 actually licensed to perform such work and the licensed and
34 18 unclassified persons are employed by the same employer. The
34 19 bill provides that apprentice electricians and unclassified
34 20 persons shall do no electrical wiring except under the direct
34 21 personal on=the=job supervision and control in specified
34 22 ratios in the immediate presence of a licensee pursuant to the
34 23 bill. The bill provides that an unlicensed unclassified
34 24 person must obtain licensure as an unclassified person within
34 25 100 days of continuous employment.
34 26 The bill specifies the types of licensing examinations and
34 27 specifies examination frequencies and procedures. The bill
34 28 provides a criminal penalty of a simple misdemeanor for a
34 29 board member who discloses listed confidential information
34 30 relating to applicants and examinations.
34 31 The bill provides that with respect to class A master
34 32 electricians, class B master electricians, class A journeyman
34 33 electricians, and class B journeyman electricians, licenses
34 34 shall expire every three years, and specifies examination,
34 35 issuance, and renewal fees for the various classifications of
35 1 licensure. The bill also provides that to renew a license,
35 2 the licensee shall be required to complete 18 contact hours of
35 3 continuing education courses approved by the board per three=
35 4 year of licensure. The contact hours shall include a minimum
35 5 of six contact hours studying the national electrical code.
35 6 With respect to apprentice electricians and unclassified
35 7 persons, the bill provides that licenses shall expire
35 8 annually.
35 9 The bill provides for the continuation of business by a
35 10 licensee by a representative for a period of six months
35 11 following the licensee's death, and provides for reciprocity
35 12 and temporary licensure. The bill contains a chapter
35 13 inapplicability section, including inapplicability to a person
35 14 licensed as an engineer or architect providing consultations
35 15 and developing plans concerning electrical installations while
35 16 exclusively engaged in the practice of their profession, and
35 17 employees of specified entities while acting within the scope
35 18 of their employment. The bill provides that persons who hold
35 19 a valid license issued by any political subdivision are not
35 20 required to obtain state licensure, so long as they make
35 21 electrical installations only in the jurisdictional limits of
35 22 that political subdivision and the license issued by the
35 23 political subdivision meets the requirements of the bill.
35 24 Further, the bill's provisions shall not apply to vertical
35 25 transportation or passenger conveyors, elevators, moving
35 26 walks, dumbwaiters, stagelifts, manlifts, or appurtenances,
35 27 shall not require a license of any person who engages any
35 28 electrical appliance where approved electrical outlets are
35 29 already installed, prohibit an owner of property from
35 30 performing work on the owner's principal residence under
35 31 specified circumstances, or require that any person be a
35 32 member of a labor union in order to be licensed. Additionally,
35 33 the bill is inapplicable to persons qualified pursuant to
35 34 administrative rules relating to the storage and handling of
35 35 liquefied petroleum gases while engaged in specified
36 1 activities, and to persons meeting administrative rule
36 2 requirements for well contractors while engaged in specified
36 3 tasks.
36 4 The bill specifies inspection procedures and requirements
36 5 applicable to all new electrical installations for commercial
36 6 or industrial applications, including installations both
36 7 inside and outside of buildings, and for public use buildings
36 8 and facilities and any installation at the request of the
36 9 owner, all new electrical installations for residential
36 10 applications in excess of single=family residential
36 11 applications, all new electrical installations for single=
36 12 family residential applications requiring new electrical
36 13 service equipment, and existing electrical installations
36 14 observed during inspection which constitute an electrical
36 15 hazard, with the caveat that existing installations shall not
36 16 be deemed to constitute an electrical hazard if the wiring
36 17 when originally installed was installed in accordance with the
36 18 electrical code in force at the time of installation and has
36 19 been maintained in that condition.
36 20 The bill provides that state inspection shall not apply
36 21 within the jurisdiction of any political subdivision which
36 22 provides by resolution or ordinance standards of electrical
36 23 wiring and its installation that are not less than those
36 24 prescribed by the board or by the Code chapter established by
36 25 the bill and which further provides by resolution or ordinance
36 26 for the inspection of electrical installations within the
36 27 limits of such subdivision by a certified electrical
36 28 inspector. The bill provides that only the holder of an
36 29 electrical inspector's certificate of qualification shall be
36 30 appointed to act as electrical inspector, and provides that
36 31 the board shall establish by rule standards for the
36 32 certification and decertification of state electrical
36 33 inspectors, and certified electrical inspector continuing
36 34 education requirements.
36 35 The bill specifies procedures relating to a request for
37 1 inspection at or before commencement of any installation
37 2 required to be inspected, and provides penalties for the
37 3 failure to do so. The bill provides that if an inspector
37 4 finds that any installation or portion of an installation is
37 5 not in compliance with accepted standards of construction for
37 6 safety to health and property, the inspector may issue written
37 7 condemnation orders, or orders for disconnection, with the
37 8 immediacy of such orders and opportunities to remedy the
37 9 noncompliance varying with the extent to which the
37 10 noncompliance is found to be a serious and proximate danger to
37 11 human health and property. The bill provides that before an
37 12 electrical installation subject to inspection is either newly
37 13 connected or reconnected, there must be filed with the
37 14 electrical utility supplying power a certificate by the
37 15 inspector stating that the conditions of the installation are
37 16 safe for energization. The bill specifies additional
37 17 procedures relating to inspections for new installations, and
37 18 provides that when an installation is brought into compliance
37 19 to the satisfaction of the inspector, the inspector shall file
37 20 with the electrical utility supplying power a certificate
37 21 stating that the electrical inspector has approved
37 22 energization.
37 23 The bill provides that all political subdivisions
37 24 performing electrical inspections prior to December 31, 2006,
37 25 shall continue performing them. The bill states that after
37 26 December 31, 2011, a political subdivision may choose to
37 27 discontinue performing its own inspections and permit the
37 28 board to have jurisdiction over inspections. A political
37 29 subdivision may petition the board to discontinue performing
37 30 its own inspections prior to December 31, 2011, and authority
37 31 may be revoked by the board if by unanimous vote the board
37 32 finds just cause as specified in the bill. The bill also
37 33 provides that a political subdivision not performing
37 34 electrical inspections prior to December 31, 2006, may make
37 35 provision for inspection of electrical installations within
38 1 its jurisdiction. The bill provides that a political
38 2 subdivision that performs electrical inspections may set
38 3 appropriate permit fees, and that a political subdivision
38 4 shall not require payment of any license fee or the taking of
38 5 any examination if a person holds a current license issued by
38 6 the board which is of a classification equal to or greater
38 7 than the classification needed to do the work proposed.
38 8 However, a political subdivision may require the filing of a
38 9 copy of the current license issued by the board or such other
38 10 evidence of such license.
38 11 The bill specifies instances where inspections shall not be
38 12 required, specifies state inspection procedures, establishes
38 13 inspection and reinspection fees, and provides that such fees
38 14 shall not apply within the jurisdiction of any political
38 15 subdivision if the has adopted an ordinance or resolution as
38 16 previously explained regarding conducting its own inspections.
38 17 The bill states that except when an inspection reveals that an
38 18 order of condemnation or disconnection is warranted, an
38 19 inspector shall not add to, modify, or amend a construction
38 20 plan as originally approved by the state fire marshal in the
38 21 course of conducting an inspection, and that the national
38 22 electrical code shall be uniformly and consistently applied
38 23 and enforced by all inspectors. The bill additionally
38 24 provides that the state fire marshal, or the state fire
38 25 marshal's designee, shall enforce the procedures and policies
38 26 determined by the board, and the provisions of the national
38 27 electrical code adopted by the board.
38 28 The bill provides for an appeal process, and provides
38 29 suspension, revocation, reprimand, and penalty provisions.
38 30 Provisions of the bill relating primarily to definitions
38 31 and the establishment of the electrician examining board take
38 32 effect upon enactment. Provisions relating primarily to
38 33 establishing the various categories of licensure take effect
38 34 January 1, 2007. Provisions relating primarily to inspections
38 35 take effect January 1, 2008.
39 1 LSB 5777HV 81
39 2 rn:nh/cf/24