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: 5 TLSB 5777HV 81 6 rn/cf/24 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