Senate File 2244 - Introduced SENATE FILE BY LUNDBY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for 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 5777XS 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, well pump wiring, air conditioning and 3 12 refrigeration installation, and sign installation and who is 3 13 licensed by the 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 ten members, seven voting 3 31 and three nonvoting, appointed by the governor and subject to 3 32 senate confirmation, all of whom shall be residents of this 3 33 state. 3 34 2. The voting members shall be as follows: 3 35 a. Two members shall be journeyman electricians, one a 4 1 member of an electrical workers union covered under a 4 2 collective bargaining agreement and one not a member of a 4 3 union. 4 4 b. Two members shall be master electricians or electrical 4 5 contractors, one of whom is a contractor signed to a 4 6 collective bargaining agreement or a master electrician 4 7 covered under a collective bargaining agreement and one of 4 8 whom is a nonunion contractor or a master electrician who is 4 9 not a member of a union. 4 10 c. One member shall be an electrical inspector. 4 11 d. Two members, one a union member covered under a 4 12 collective bargaining agreement and one a nonunion member, 4 13 shall not be a member of any of the aforementioned groups and 4 14 shall represent the general public. 4 15 3. The nonvoting members shall be as follows: 4 16 a. One member shall be the state fire marshal or a 4 17 representative of the state fire marshal's office. 4 18 b. One member shall be a local building official employed 4 19 by a political subdivision to perform electrical inspections 4 20 for that political subdivision. 4 21 c. One member shall represent a public utility. 4 22 4. 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 state fire marshal, or 5 4 a representative of the state fire marshal's office, shall be 5 5 permanently appointed to the board. Vacancies shall be filled 5 6 for the unexpired term by appointment of the governor and 5 7 shall be subject to senate confirmation. Members shall serve 5 8 no more than three terms or nine years, whichever is least. 5 9 2. Members of the board are entitled to receive all actual 5 10 expenses incurred in the discharge of their duties within the 5 11 limits of funds appropriated to the board. Each member of the 5 12 board may also be eligible to receive compensation as provided 5 13 in section 7E.6. 5 14 3. The board shall be entitled to the counsel and services 5 15 of the attorney general. The board may compel the attendance 5 16 of witnesses, pay witness fees and mileage, take testimony and 5 17 proofs, and administer oaths concerning any matter within its 5 18 jurisdiction. 5 19 Sec. 4. NEW SECTION. 103.4 ORGANIZATION OF THE BOARD. 5 20 The board shall elect annually from its members a 5 21 chairperson and a vice chairperson, and shall hire and provide 5 22 staff to assist the board in administering this chapter. The 5 23 board shall hold at least one meeting annually at the location 5 24 of the board's principal office, and meetings shall be called 5 25 at other times by the chairperson or four members of the 5 26 board. At any meeting of the board, a majority of members 5 27 constitutes a quorum. 5 28 Sec. 5. NEW SECTION. 103.5 OFFICIAL SEAL == BYLAWS. 5 29 The board shall adopt and have an official seal which shall 5 30 be affixed to all certificates of licensure granted. 5 31 Sec. 6. NEW SECTION. 103.6 POWERS AND DUTIES. 5 32 The board shall: 5 33 1. Adopt rules pursuant to chapter 17A and in doing so 5 34 shall be governed by the minimum standards set forth in the 5 35 most current publication of the national electrical code 6 1 issued and adopted by the national fire protection 6 2 association, and amendments to the code, which code and 6 3 amendments shall be filed in the offices of the secretary of 6 4 state and the board and shall be a public record. The board 6 5 shall adopt rules reflecting updates to the code and 6 6 amendments to the code. The board shall promulgate and adopt 6 7 rules establishing wiring standards that protect public safety 6 8 and health and property and that apply to all electrical 6 9 wiring which is installed subject to this chapter. 6 10 2. Revoke, suspend, or refuse to renew any license granted 6 11 pursuant to this chapter when the licensee: 6 12 a. Fails or refuses to pay any examination, license, or 6 13 renewal fee required by law. 6 14 b. Is an electrical contractor and fails or refuses to 6 15 provide and keep in force a public liability insurance policy 6 16 as required by the board. 6 17 c. Violates any political subdivision's approved 6 18 inspection ordinances. 6 19 The board may, in its discretion, revoke, suspend, or 6 20 refuse to renew any license granted pursuant to this chapter 6 21 when the licensee violates any provision of the national 6 22 electrical code as adopted pursuant to subsection 1, this 6 23 chapter, or any rule adopted pursuant to this chapter. 6 24 3. Order disconnection of power to any electrical 6 25 installation that is proximately dangerous to health or 6 26 property. 6 27 4. Order removal of electrical wiring, apparatus, or 6 28 equipment from premises when such wiring, apparatus, or 6 29 equipment is proximately dangerous to health or property. 6 30 5. Investigate, for the purpose of identifying dangerous 6 31 electrical wiring or violations of the national electrical 6 32 code as adopted pursuant to subsection 1, any death by 6 33 electrocution that occurs within the state. 6 34 6. Adopt rules for continuing education requirements for 6 35 each classification of licensure established pursuant to this 7 1 chapter, and adopt all rules, not inconsistent with the law, 7 2 necessary for the proper performance of the duties of the 7 3 board. 7 4 7. Provide for the amount and collection of fees for 7 5 inspection and other services. 7 6 8. Enforce the provisions of the national electrical code 7 7 as adopted pursuant to subsection 1. 7 8 Sec. 7. NEW SECTION. 103.7 ELECTRICIAN AND INSTALLER 7 9 LICENSING AND INSPECTION FUND. 7 10 An electrician and installer licensing and inspection fund 7 11 is created in the state treasury as a separate fund under the 7 12 control of the board. All licensing, examination, renewal, 7 13 and inspection fees shall be deposited into the fund and 7 14 retained by and for the use of the board. Expenditures from 7 15 the fund shall be approved by the sole authority of the board. 7 16 Amounts deposited into the fund shall be considered repayment 7 17 receipts as defined in section 8.2. Notwithstanding section 7 18 8.33, any balance in the fund on June 30 of each fiscal year 7 19 shall not revert to the general fund of the state, but shall 7 20 remain available for the purposes of this chapter in 7 21 subsequent fiscal years. Notwithstanding section 12C.7, 7 22 subsection 2, interest or earnings on moneys deposited in the 7 23 fund shall be credited to the fund. 7 24 Sec. 8. NEW SECTION. 103.8 PLAN, LAY OUT, OR SUPERVISE 7 25 CERTAIN ACTIVITIES == LICENSE REQUIRED == EXCEPTIONS. 7 26 Except as provided in sections 103.13 and 103.14, no person 7 27 shall, for another, plan, lay out, or supervise the 7 28 installation of wiring, apparatus, or equipment for electrical 7 29 light, heat, power, and other purposes unless the person is 7 30 licensed by the board as an electrical contractor, a class A 7 31 master electrician, or a class B master electrician. 7 32 Sec. 9. NEW SECTION. 103.9 ELECTRICAL CONTRACTOR 7 33 LICENSE. 7 34 1. An applicant for an electrical contractor license shall 7 35 be a licensed class A or class B master electrician, and be 8 1 registered with the state of Iowa as a contractor. 8 2 2. A contractor who holds a class B master electrician 8 3 license shall be licensed subject to the restrictions of 8 4 section 103.10. 8 5 Sec. 10. NEW SECTION. 103.10 CLASS A MASTER ELECTRICIAN 8 6 LICENSE QUALIFICATIONS == CLASS B MASTER ELECTRICIAN LICENSE. 8 7 1. An applicant for a class A master electrician license 8 8 shall have at least one year's experience, acceptable to the 8 9 board, as a licensed class A or class B journeyman 8 10 electrician. 8 11 2. In addition, an applicant shall obtain a score of at 8 12 least seventy=five percent on an examination prescribed and 8 13 administered by the board based upon the most recent national 8 14 electrical code adopted pursuant to section 103.6 and upon 8 15 electrical theory. 8 16 3. a. An applicant who can provide proof acceptable to 8 17 the board that the applicant has been working in the 8 18 electrical business and involved in planning for, laying out, 8 19 supervising, and installing electrical wiring, apparatus, or 8 20 equipment for light, heat, and power prior to 1990 may be 8 21 granted a class B master electrician license without taking an 8 22 examination. An applicant who is issued a class B master 8 23 electrician license pursuant to this section shall not be 8 24 authorized to plan, lay out, or supervise the installation of 8 25 electrical wiring, apparatus, and equipment in a political 8 26 subdivision which, prior to or after the effective date of 8 27 this section of this Act, establishes licensing standards 8 28 which preclude such work by class B master electricians in the 8 29 political subdivision. The board shall adopt rules 8 30 establishing procedures relating to the restriction of a class 8 31 B master electrician license pursuant to this subsection. 8 32 b. A class B master electrician may become licensed as a 8 33 class A master electrician upon successful passage of the 8 34 examination prescribed in subsection 2. 8 35 4. A person licensed by a political subdivision to plan, 9 1 lay out, or supervise the installation of electrical wiring, 9 2 apparatus, or equipment for light, heat, power, and other 9 3 purposes and supervise apprentice electricians preceding the 9 4 effective date of this section of this Act pursuant to a 9 5 supervised written examination, and who is currently engaged 9 6 in the electrical contracting industry, shall be issued an 9 7 applicable statewide license corresponding to that licensure 9 8 as a class A master electrician or electrical contractor. The 9 9 board shall adopt by rule certain criteria for city 9 10 examination standards satisfactory to fulfill this 9 11 requirement. 9 12 Sec. 11. NEW SECTION. 103.11 WIRING OR INSTALLING == 9 13 SUPERVISING APPRENTICES LICENSE REQUIRED == QUALIFICATIONS. 9 14 1. Except as provided in section 103.13, no person shall, 9 15 for another, wire for or install electrical wiring, apparatus, 9 16 or equipment, or supervise an apprentice electrician or 9 17 unclassified person, unless the person is licensed by the 9 18 board as an electrical contractor, a class A master 9 19 electrician, a class B master electrician, or a life safety 9 20 installer, or is licensed as a class A journeyman electrician, 9 21 a class B journeyman electrician, or a life safety installer 9 22 and is employed by an electrical contactor, a class A master 9 23 electrician, a class B master electrician, or a life safety 9 24 installer. 9 25 2. For purposes of this section, the holder of a life 9 26 safety installer license shall only supervise those 9 27 apprentices engaged in the installation of fire alarm 9 28 equipment and apparatus operating at fifty volts or less. 9 29 Sec. 12. NEW SECTION. 103.12 CLASS A JOURNEYMAN 9 30 ELECTRICIAN LICENSE QUALIFICATIONS == CLASS B JOURNEYMAN 9 31 ELECTRICIAN LICENSE. 9 32 1. An applicant for a class A journeyman electrician 9 33 license shall have successfully completed an apprenticeship 9 34 training program registered by the bureau of apprenticeship 9 35 and training of the United States department of labor in 10 1 accordance with the standards established by that department. 10 2 An applicant may petition the board to receive a waiver of 10 3 this requirement. The board shall determine a level of on= 10 4 the=job experience as an unclassified person sufficient to 10 5 qualify for a waiver. 10 6 2. In addition, an applicant shall obtain a score of at 10 7 least seventy=five percent on an examination prescribed and 10 8 administered by the board based upon the most recent national 10 9 electrical code adopted pursuant to section 103.6 and upon 10 10 electrical theory. 10 11 3. a. An applicant who can provide proof acceptable to 10 12 the board that the applicant has been employed as a journeyman 10 13 electrician since 1990 may be granted a class B journeyman 10 14 electrician license without taking an examination. An 10 15 applicant who is issued a class B journeyman electrician 10 16 license pursuant to this section shall not be authorized to 10 17 wire for or install electrical wiring, apparatus, and 10 18 equipment in a political subdivision which, prior to or after 10 19 the effective date of this section of this Act, establishes 10 20 licensing standards which preclude such work by class B 10 21 journeyman electricians in the political subdivision. The 10 22 board shall adopt rules establishing procedures relating to 10 23 the restriction of a class B journeyman electrician license 10 24 pursuant to this subsection. 10 25 b. A class B journeyman electrician may become licensed as 10 26 a class A journeyman electrician upon successful passage of 10 27 the examination prescribed in subsection 2. 10 28 4. A person licensed by a political subdivision to wire 10 29 for or install electrical wiring, apparatus, or equipment or 10 30 supervise an apprentice electrician preceding the effective 10 31 date of this section of this Act pursuant to a supervised 10 32 written examination, and who is currently engaged in the 10 33 electrical contracting industry with at least four years' 10 34 experience, shall be issued an applicable statewide license 10 35 corresponding to that licensure as a class A journeyman 11 1 electrician or a class B journeyman electrician. The board 11 2 shall adopt by rule certain criteria for city examination 11 3 standards satisfactory to fulfill this requirement. 11 4 Sec. 13. NEW SECTION. 103.13 SPECIAL ELECTRICIAN LICENSE 11 5 == QUALIFICATIONS. 11 6 The board shall by rule provide for the issuance of special 11 7 electrician licenses authorizing the licensee to engage in a 11 8 limited class or classes of electrical work, which class or 11 9 classes shall be specified on the license. Each licensee 11 10 shall have experience, acceptable to the board, in each such 11 11 limited class of work for which the person is licensed. 11 12 Sec. 14. NEW SECTION. 103.14 LIFE SAFETY INSTALLER 11 13 LICENSE. 11 14 1. A person not otherwise licensed pursuant to this 11 15 chapter shall not plan, lay out, or install electrical wiring, 11 16 apparatus, and equipment for components of life safety 11 17 systems. A person authorized to plan, lay out, or install 11 18 electrical wiring, apparatus, and equipment for components of 11 19 life safety systems that operate at fifty volts or less by a 11 20 political subdivision on the effective date of this section of 11 21 this Act shall be issued an applicable statewide license 11 22 corresponding to that authorization as a life safety 11 23 installer. 11 24 2. On or after the effective date of this section of this 11 25 Act, any person to be licensed as a life safety installer to 11 26 plan, lay out, and install electrical wiring, apparatus, and 11 27 equipment for components of life safety systems shall have at 11 28 least two years' experience, acceptable to the board, in 11 29 planning, laying out, and installing life safety systems. 11 30 3. In addition to the requirements of subsections 1 and 2, 11 31 an applicant for a life safety installer license shall obtain 11 32 a score of at least seventy=five percent on a level two or 11 33 higher examination prescribed and administered by the board 11 34 based on the most recent national institute for certification 11 35 in engineering technology requirements. 12 1 4. A person licensed as a class A or class B master 12 2 electrician, or a class A or class B journeyman electrician, 12 3 who has not successfully passed the examination prescribed in 12 4 subsection 3 shall be authorized to install electrical wiring, 12 5 apparatus, and equipment for components of life safety systems 12 6 if their work is approved by a person who is licensed as a 12 7 life safety installer. 12 8 Sec. 15. NEW SECTION. 103.15 APPRENTICE ELECTRICIAN == 12 9 UNCLASSIFIED PERSON. 12 10 1. A person shall be licensed by the board and pay a 12 11 licensing fee to work as an apprentice electrician while 12 12 participating in an apprenticeship training program registered 12 13 by the bureau of apprenticeship and training of the United 12 14 States department of labor in accordance with the standards 12 15 established by that department. A person is eligible for 12 16 licensure as an apprentice electrician for only one 12 17 apprenticeship, which shall be limited to six years from the 12 18 date of licensure, unless extended by the board upon a finding 12 19 that a hardship existed which prevented completion of the 12 20 apprenticeship program. Such licensure shall entitle the 12 21 licensee to act as an apprentice to an electrical contractor, 12 22 a class A master electrician, a class B master electrician, a 12 23 class A journeyman electrician, or a class B journeyman 12 24 electrician as provided in subsection 3. 12 25 2. A person shall be licensed as an unclassified person by 12 26 the board and pay a licensing fee to perform electrical work 12 27 if the work is performed under the personal supervision of a 12 28 person actually licensed to perform such work and the licensed 12 29 and unclassified persons are employed by the same employer. 12 30 After one hundred days of employment as a nonlicensed 12 31 unclassified person, the unclassified person must receive a 12 32 license from the board and pay the applicable license fee. 12 33 Licensed persons shall not permit unclassified persons to 12 34 perform electrical work except under the personal supervision 12 35 of a person actually licensed to perform such work. 13 1 Unclassified persons shall not supervise the performance of 13 2 electrical work or make assignments of electrical work to 13 3 unclassified persons. Electrical contractors employing 13 4 unclassified persons performing electrical work shall maintain 13 5 records establishing compliance with this section, which shall 13 6 designate all unclassified persons performing electrical work. 13 7 3. Apprentice electricians and unclassified persons shall 13 8 do no electrical wiring except under the direct personal on= 13 9 the=job supervision and control and in the immediate presence 13 10 of a licensee pursuant to this chapter. Such supervision 13 11 shall include both on=the=job training and related classroom 13 12 training as approved by the board. The licensee may employ or 13 13 supervise apprentice electricians and unclassified persons at 13 14 a ratio not to exceed three apprentice electricians and 13 15 unclassified persons to one licensee, except that such ratio 13 16 and the other requirements of this section shall not apply to 13 17 apprenticeship classroom training. 13 18 4. For purposes of this section, "the direct personal on= 13 19 the=job supervision and control and in the immediate presence 13 20 of a licensee" shall mean the licensee and the apprentice 13 21 electrician or unclassified person shall be working at the 13 22 same project location but shall not require that the licensee 13 23 and apprentice electrician or unclassified person be within 13 24 sight of one another at all times. 13 25 5. An apprentice electrician shall not install, alter, or 13 26 repair electrical equipment except as provided in this 13 27 section, and the licensee employing or supervising an 13 28 apprentice electrician shall not authorize or permit such 13 29 actions by the apprentice electrician. 13 30 Sec. 16. NEW SECTION. 103.16 LICENSE EXAMINATIONS. 13 31 1. Examinations for licensure shall be given as often as 13 32 deemed necessary by the board, but no less than one time per 13 33 month. The scope of the examinations and the methods of 13 34 procedure shall be prescribed by the board. The examinations 13 35 given by the board shall be the experior assessment 14 1 examination, or a successor examination approved by the board, 14 2 or an examination prepared by a third=party testing service 14 3 which is substantially equivalent to the experior assessment 14 4 examination, or a successor examination approved by the board. 14 5 2. An examination may be given by representatives of the 14 6 board. As soon as practicable after the close of each 14 7 examination, a report shall be filed in the office of the 14 8 secretary of the board by the board. The report shall show 14 9 the action of the board upon each application and the 14 10 secretary of the board shall notify each applicant of the 14 11 result of the applicant's examination. Applicants who fail 14 12 the examination once shall be allowed to take the examination 14 13 at the next scheduled time. Thereafter, the applicant shall 14 14 be allowed to take the examination at the discretion of the 14 15 board. An applicant who has failed the examination may 14 16 request, in writing, information from the board concerning the 14 17 applicant's examination grade and subject areas or questions 14 18 which the applicant failed to answer correctly, except that if 14 19 the board administers a uniform, standardized examination, the 14 20 board shall only be required to provide the examination grade 14 21 and such other information concerning the applicant's 14 22 examination results which are available to the board. 14 23 Sec. 17. NEW SECTION. 103.17 DISCLOSURE OF CONFIDENTIAL 14 24 INFORMATION == CRIMINAL PENALTY. 14 25 A member of the board shall not disclose information 14 26 relating to the following: 14 27 1. Criminal history or prior misconduct of an applicant. 14 28 2. Information relating to the contents of an examination. 14 29 3. Information relating to examination results other than 14 30 a final score except for information about the results of an 14 31 examination given to the person who took the examination. 14 32 A member of the board who willfully communicates or seeks 14 33 to communicate such information, and any person who willfully 14 34 requests, obtains, or seeks to obtain such information, is 14 35 guilty of a simple misdemeanor. 15 1 Sec. 18. NEW SECTION. 103.18 LICENSE RENEWAL == 15 2 CONTINUING EDUCATION. 15 3 In order to renew a license issued pursuant to this 15 4 chapter, the licensee shall be required to complete eighteen 15 5 contact hours of continuing education courses approved by the 15 6 board during the three=year period for which a license is 15 7 granted. The contact hours shall include a minimum of six 15 8 contact hours studying the national electrical code described 15 9 in section 103.6, and the remaining contact hours may include 15 10 study of electrical circuit theory, blueprint reading, 15 11 transformer and motor theory, electrical circuits and devices, 15 12 control systems, programmable controllers, and microcomputers 15 13 or any other study of electrical=related material that is 15 14 approved by the board. Any additional hours studying the 15 15 national electrical code shall be acceptable. For purposes of 15 16 this section, "contact hour" means fifty minutes of classroom 15 17 attendance at an approved course under a qualified instructor 15 18 approved by the board. 15 19 Sec. 19. NEW SECTION. 103.19 LICENSES == EXPIRATION == 15 20 APPLICATION == FEES. 15 21 All licenses issued pursuant to this chapter shall expire 15 22 every three years. 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 each year of the three=year license period for an 16 5 apprentice electrician, and for an unclassified person, twenty 16 6 dollars. 16 7 The holder of an expired license may renew the license for 16 8 a period of three months from the date of expiration upon 16 9 payment of the license fee plus ten percent of the renewal fee 16 10 for each month or portion thereof past the expiration date. 16 11 All holders of licenses expired for more than three months 16 12 shall apply for a new license. 16 13 Sec. 20. NEW SECTION. 103.20 DEATH OF LICENSEE == 16 14 REPRESENTATIVE TO CARRY ON BUSINESS == INSURANCE REQUIRED. 16 15 Upon the death of an electrical contractor, a class A 16 16 master electrician, a class B master electrician, or a life 16 17 safety installer, the board may permit a representative to 16 18 carry on the business of the decedent for a period not to 16 19 exceed six months for the purpose of completing work under 16 20 contract to comply with this chapter. Such representative 16 21 shall furnish all public liability and property damage 16 22 insurance required by the board. 16 23 Sec. 21. NEW SECTION. 103.21 LICENSES WITHOUT 16 24 EXAMINATION == RECIPROCITY WITH OTHER STATES. 16 25 1. To the extent that any other state which provides for 16 26 the licensing of electricians provides for similar action, the 16 27 board may grant licenses, without examination, of the same 16 28 grade and class to an electrician who has been licensed by 16 29 such other state for at least one year, upon payment by the 16 30 applicant of the required fee, and upon the board being 16 31 furnished with proof that the qualifications of the applicant 16 32 are equal to the qualifications of holders of similar licenses 16 33 in this state. 16 34 2. A temporary ninety=day license may be granted to a 16 35 person licensed in another state, territory, or possession of 17 1 the United States, or the District of Columbia, as prescribed 17 2 by rule, provided that before practicing within this state the 17 3 person shall have applied for temporary licensure and shall 17 4 have paid the fee to be established by the board by rule. 17 5 Sec. 22. NEW SECTION. 103.22 CHAPTER INAPPLICABILITY. 17 6 The provisions of this chapter shall not: 17 7 1. Apply to a person licensed as an engineer pursuant to 17 8 chapter 542B or registered as an architect pursuant to chapter 17 9 544A providing consultations and developing plans concerning 17 10 electrical installations who is exclusively engaged in the 17 11 practice of the person's profession. 17 12 2. Require employees of municipal corporations, electric 17 13 membership or cooperative associations, public utility 17 14 corporations, railroads, telecommunications companies, or 17 15 commercial or industrial companies performing manufacturing, 17 16 installation, and repair work for such employer to hold 17 17 licenses while acting within the scope of their employment. 17 18 3. Require any person doing work for which a license would 17 19 otherwise be required under this chapter to hold a license 17 20 issued under this chapter if the person is the holder of a 17 21 valid license issued by any political subdivision, so long as 17 22 the person makes electrical installations only in the 17 23 jurisdictional limits of such political subdivision and such 17 24 license issued by the political subdivision meets the 17 25 requirements of this chapter. 17 26 4. Apply to the installation, maintenance, repair, or 17 27 alteration of vertical transportation or passenger conveyors, 17 28 elevators, moving walks, dumbwaiters, stagelifts, manlifts, or 17 29 appurtenances thereto beyond the terminals of the controllers. 17 30 The licensing of elevator contractors or constructors shall 17 31 not be considered a part of the licensing requirements of this 17 32 chapter. 17 33 5. Require a license of any person who engages any 17 34 electrical appliance where approved electrical outlets are 17 35 already installed. 18 1 6. Prohibit an owner of property from performing work on 18 2 the owner's principal residence, if such residence is not 18 3 larger than a single=family dwelling, or farm property, 18 4 excluding commercial or industrial installations or 18 5 installations in public use buildings or facilities, or 18 6 require such owner to be licensed under this chapter. 18 7 7. Require that any person be a member of a labor union in 18 8 order to be licensed. 18 9 Sec. 23. NEW SECTION. 103.23 ELECTRICAL INSTALLATIONS == 18 10 SUBJECT TO INSPECTION. 18 11 The inspection and enforcement provisions of this chapter 18 12 shall apply to the following: 18 13 1. All new electrical installations for commercial or 18 14 industrial applications, including installations both inside 18 15 and outside of buildings, and for public use buildings and 18 16 facilities and any installation at the request of the owner. 18 17 2. All new electrical installations for residential 18 18 applications in excess of single=family residential 18 19 applications. 18 20 3. All new electrical installations for single=family 18 21 residential applications requiring new electrical service 18 22 equipment. 18 23 4. Existing electrical installations observed during 18 24 inspection which constitute an electrical hazard. Existing 18 25 installations shall not be deemed to constitute an electrical 18 26 hazard if the wiring when originally installed was installed 18 27 in accordance with the electrical code in force at the time of 18 28 installation and has been maintained in that condition. 18 29 Sec. 24. NEW SECTION. 103.24 STATE INSPECTION == 18 30 INAPPLICABILITY IN CERTAIN POLITICAL SUBDIVISIONS == 18 31 ELECTRICAL INSPECTORS == CERTIFICATE OF QUALIFICATION. 18 32 1. No person other than the holder of an electrical 18 33 inspector's certificate of qualification shall be appointed to 18 34 act as an electrical inspector and to enforce this chapter or 18 35 any applicable resolution or ordinance within the inspector's 19 1 jurisdiction. The board shall establish by rule standards for 19 2 the certification and decertification of state electrical 19 3 inspectors, and certified electrical inspector continuing 19 4 education requirements. 19 5 2. State inspection shall not apply within the 19 6 jurisdiction of any political subdivision which, pursuant to 19 7 section 103.29, provides by resolution or ordinance standards 19 8 of electrical wiring and its installation that are not less 19 9 than those prescribed by the board or by this chapter and 19 10 which further provides by resolution or ordinance for the 19 11 inspection of electrical installations within the limits of 19 12 such subdivision by a certified electrical inspector. A copy 19 13 of the certificate of each electrical inspector shall be 19 14 provided to the board by the political subdivision issuing the 19 15 certificate. 19 16 3. State inspection shall not apply to routine 19 17 maintenance. 19 18 Sec. 25. NEW SECTION. 103.25 REQUEST FOR INSPECTION == 19 19 FEES. 19 20 At or before commencement of any installation required to 19 21 be inspected by the board, the licensee or owner making such 19 22 installation shall submit to the board a request for 19 23 inspection. The board shall prescribe the methods by which 19 24 the request may be submitted, which may include electronic 19 25 submission or through a form prescribed by the board that can 19 26 be submitted either through the mail or by a fax transmission. 19 27 The board shall also prescribe methods by which inspection 19 28 fees can by paid, which may include electronic methods of 19 29 payment. If the board becomes aware that a person has failed 19 30 to file a necessary request for inspection, the board shall 19 31 send a written notification by certified mail that the request 19 32 must be filed within fourteen days. Any person filing a late 19 33 request for inspection shall pay a delinquency fee in an 19 34 amount to be determined by the board. Failure to file a late 19 35 request within fourteen days shall be subject to a civil 20 1 penalty to be determined by the board by rule. 20 2 Sec. 26. NEW SECTION. 103.26 CONDEMNATION == 20 3 DISCONNECTION == OPPORTUNITY TO CORRECT NONCOMPLIANCE. 20 4 If the inspector finds that any installation or portion of 20 5 an installation is not in compliance with accepted standards 20 6 of construction for safety to health and property, based upon 20 7 minimum standards set forth in the local electrical code or 20 8 the national electrical code adopted by the board pursuant to 20 9 section 103.6, the inspector shall by written order condemn 20 10 the installation or noncomplying portion or order service to 20 11 such installation disconnected and shall send a copy of such 20 12 order to the board and the electrical utility supplying power 20 13 involved. If the installation or the noncomplying portion is 20 14 such as to seriously and proximately endanger human health or 20 15 property, the order of the inspector when approved by the 20 16 inspector's superior shall require immediate condemnation and 20 17 disconnection by the applicant. In all other cases, the order 20 18 of the inspector shall establish a reasonable period of time 20 19 for the installation to be brought into compliance with 20 20 accepted standards of construction for safety to health and 20 21 property prior to the effective date established in such order 20 22 for condemnation or disconnection. 20 23 Sec. 27. NEW SECTION. 103.27 CONDEMNATION OR 20 24 DISCONNECTION ORDER == SERVICE. 20 25 1. A copy of each condemnation or disconnection order 20 26 shall be served personally or by regular mail upon the 20 27 property owner at the property owner's last known address, the 20 28 licensee making the installation, and such other persons as 20 29 the board by rule may direct. 20 30 2. The electrical utility supplying power shall be served 20 31 with a copy of any order which requires immediate 20 32 disconnection or prohibits energizing an installation. 20 33 Sec. 28. NEW SECTION. 103.28 CERTIFICATE OF SAFE 20 34 OPERATION == DISMISSAL OF CONDEMNATION OR DISCONNECTION ORDER. 20 35 No electrical installation subject to inspection by the 21 1 board shall be newly connected or reconnected for use until 21 2 there is filed with the electrical utility supplying power a 21 3 certificate of the property owner or licensed electrician 21 4 directing the work that inspection has been requested and that 21 5 the conditions of the installation are safe for energization. 21 6 In all cases when an order of condemnation or disconnection 21 7 has been issued against the installation or any part thereof, 21 8 prior to connection or reconnection there shall also first be 21 9 filed with the electrical utility supplying the power a copy 21 10 of an order of the inspector or the board dismissing such 21 11 prior order of condemnation or disconnection or approving the 21 12 installation as being in compliance with accepted standards of 21 13 construction for safety to human health and property, based 21 14 upon minimum standards set forth in the national electrical 21 15 code adopted by the board. An electrical utility supplier may 21 16 refuse service without liability for such refusal until such 21 17 conditions have been met. With respect to transient projects, 21 18 the certificate shall also contain a certification that the 21 19 request for inspection has been or will be filed with the 21 20 board so as to be received by the board at least five days 21 21 prior to the date and time energization of the installation by 21 22 the utility is to occur, and that the request for inspection 21 23 states such date and time, and it shall be the responsibility 21 24 of the board to have inspection made of such transient project 21 25 prior to the date and time at which the request states 21 26 energization is to occur. 21 27 Sec. 29. NEW SECTION. 103.29 POLITICAL SUBDIVISION 21 28 INSPECTIONS == AUTHORITY OF POLITICAL SUBDIVISION. 21 29 1. A political subdivision performing electrical 21 30 inspections prior to December 31, 2006, shall continue to 21 31 perform such inspections. If the board finds that a political 21 32 subdivision's inspections are not adequate, the board may 21 33 revoke the political subdivision's authority to perform its 21 34 own inspections. A political subdivision not performing 21 35 electrical inspections prior to December 31, 2006, may make 22 1 provision for inspection of electrical installations within 22 2 its jurisdiction, in which case it shall keep on file with the 22 3 board copies of its current inspection ordinances or 22 4 resolutions and electrical codes. 22 5 2. A political subdivision that performs electrical 22 6 inspections may set appropriate permit fees to pay for such 22 7 inspections. A political subdivision shall not require any 22 8 person holding a license from the board to pay any license fee 22 9 or take any examination if the person holds a current license 22 10 issued by the board which is of a classification equal to or 22 11 greater than the classification needed to do the work 22 12 proposed. Any such political subdivision may provide a 22 13 requirement that each person doing electrical work within the 22 14 jurisdiction of such political subdivision have on file with 22 15 the political subdivision a copy of the current license issued 22 16 by the board or such other evidence of such license as may be 22 17 provided by the board. 22 18 Sec. 30. NEW SECTION. 103.30 INSPECTIONS NOT REQUIRED. 22 19 Nothing in this chapter shall be construed to require the 22 20 work of employees of municipal corporations, railroads, 22 21 electric membership or cooperative associations, public 22 22 utility corporations, or telecommunications systems to be 22 23 inspected while acting within the scope of their employment. 22 24 Sec. 31. NEW SECTION. 103.31 SUPPLIER OF ELECTRICAL 22 25 SERVICE == LIABILITY. 22 26 Upon inspection and approval by any certified inspector, 22 27 all liability upon any supplier of electrical service for 22 28 subsequent damage or loss arising from any installation shall 22 29 be terminated, except for any acts of gross negligence by such 22 30 supplier. 22 31 Sec. 32. NEW SECTION. 103.32 STATE INSPECTION 22 32 PROCEDURES. 22 33 1. An inspection shall be made within three business days 22 34 of the submission of a request for an inspection as provided 22 35 in section 103.25. When necessary, circuits may be energized 23 1 by the authorized installer prior to inspection but the 23 2 installation shall remain subject to condemnation and 23 3 disconnection. 23 4 2. Where wiring is to be concealed, the inspector must be 23 5 notified within a reasonable time to complete a rough=in 23 6 inspection prior to concealment, exclusive of Saturdays, 23 7 Sundays, and holidays. If wiring is concealed before rough=in 23 8 inspection without adequate notice having been given to the 23 9 inspector, the person responsible for having enclosed the 23 10 wiring shall be responsible for all costs resulting from 23 11 uncovering and replacing the cover material. 23 12 Sec. 33. NEW SECTION. 103.33 STATE INSPECTION FEES. 23 13 1. All state electrical inspection fees shall be due and 23 14 payable to the board at or before commencement of the 23 15 installation and shall be forwarded with the request for 23 16 inspection. Inspection fees provided in this section shall 23 17 not apply within the jurisdiction of any political subdivision 23 18 if the political subdivision has adopted an ordinance or 23 19 resolution pursuant to this chapter. 23 20 2. The board shall establish the fees for inspections in 23 21 amounts not to exceed: 23 22 a. For each separate inspection of an installation, 23 23 replacement, alteration, or repair, twenty=five dollars. 23 24 b. For services, change of services, temporary services, 23 25 additions, alterations, or repairs on either primary or 23 26 secondary services as follows: 23 27 (1) Zero to one hundred ampere capacity, twenty=five 23 28 dollars plus five dollars per branch circuit or feeder. 23 29 (2) One hundred one to two hundred ampere capacity, 23 30 thirty=five dollars plus five dollars per branch circuit or 23 31 feeder. 23 32 (3) For each additional one hundred ampere capacity or 23 33 fraction thereof, twenty dollars plus five dollars per branch 23 34 circuit or feeder. 23 35 c. For field irrigation system inspections, sixty dollars 24 1 for each unit inspected. 24 2 d. For the first reinspection required as a result of a 24 3 correction order, fifty dollars; a second reinspection 24 4 required as a result of noncompliance with the same correction 24 5 order, seventy=five dollars; and subsequent reinspections 24 6 associated with the same correction order, one hundred dollars 24 7 for each reinspection. 24 8 3. When an inspection is requested by an owner, the 24 9 minimum fee shall be thirty dollars plus five dollars per 24 10 branch circuit or feeder. The fee for fire and accident 24 11 inspections shall be computed at the rate of forty=seven 24 12 dollars per hour, and mileage and other expenses shall be 24 13 reimbursed as provided by the office of the state fire 24 14 marshal. 24 15 4. For installations requiring more than six months in the 24 16 process of construction and in excess of three hundred dollars 24 17 total inspection fees, the persons responsible for the 24 18 installation may, after a minimum filing fee of one hundred 24 19 dollars, pay a prorated fee for each month and submit it with 24 20 an order for payment initiated by the electrical inspector. 24 21 Sec. 34. NEW SECTION. 103.34 CONDEMNATION OR 24 22 DISCONNECTION ORDERS == APPEALS == DISPOSITION OF ORDERS 24 23 PENDING APPEAL. 24 24 1. Any person aggrieved by a condemnation or disconnection 24 25 order issued may appeal from the order by filing a written 24 26 notice of appeal with the board within ten days after the date 24 27 the order was served upon the owner or within ten days after 24 28 the order was filed with the board, whichever is later. 24 29 2. Upon receipt of the notice of appeal from a 24 30 condemnation or disconnection order because the electrical 24 31 installation is proximately dangerous to health or property, 24 32 the order appealed from shall not be stayed unless 24 33 countermanded by the board. 24 34 3. Upon receipt of notice of appeal from a condemnation or 24 35 disconnection order because the electrical installation is not 25 1 in compliance with accepted standards of construction for 25 2 safety to health and property, the order appealed from shall 25 3 be stayed until final decision of the board and the board 25 4 shall notify the property owner and the electrical contractor, 25 5 class A master electrician, class B master electrician, fire 25 6 alarm installer, or special electrician making the 25 7 installation. The power supplier shall also be notified in 25 8 those instances in which the order has been served on such 25 9 supplier. 25 10 Sec. 35. NEW SECTION. 103.35 APPEAL PROCEDURES. 25 11 1. Upon receipt of a notice of appeal, the chairperson or 25 12 executive secretary of the board may designate a hearing 25 13 officer from among the board members to hear the appeal or may 25 14 set the matter for hearing before the full board at its next 25 15 regular meeting. A majority of the board shall make the 25 16 decision. 25 17 2. Upon receiving the notice of appeal, the board shall 25 18 notify all persons served with the order appealed from. Such 25 19 persons may join in the hearing and give testimony in their 25 20 own behalf. The board shall set the hearing date on a date 25 21 not more than fourteen days after receipt of the notice of 25 22 appeal unless otherwise agreed by the interested parties and 25 23 the board. 25 24 Sec. 36. NEW SECTION. 103.36 SUSPENSION, REVOCATION, OR 25 25 REPRIMAND. 25 26 The board, by a simple majority vote of the entire board, 25 27 may suspend for a period not exceeding two years, or revoke 25 28 the certificate of licensure of, or reprimand any licensee who 25 29 is found guilty of any of the following acts or offenses: 25 30 1. Fraud in procuring a certificate of licensure. 25 31 2. Professional incompetency. 25 32 3. Knowingly making misleading, deceptive, untrue, or 25 33 fraudulent representations in the practice of the licensee's 25 34 profession or engaging in unethical conduct or practice 25 35 harmful to the public. Proof of actual injury need not be 26 1 established. 26 2 4. Habitual intoxication or addiction to the use of drugs. 26 3 5. Conviction of a felony under the laws of the United 26 4 States, this state, any other state, territory, or possession 26 5 of the United States, the District of Columbia, or any foreign 26 6 country. A copy of the record of conviction or plea of guilty 26 7 is conclusive evidence of such conviction. 26 8 6. Revocation or suspension of licensure, or other 26 9 disciplinary action by the licensing authority of another 26 10 state, territory, or possession of the United States, the 26 11 District of Columbia, or any foreign country. A certified 26 12 copy of the record or order of suspension, revocation, or 26 13 other disciplinary action is prima facie evidence of such 26 14 fact. 26 15 7. Fraud in representations as to skill or ability. 26 16 8. Use of untruthful or improbable statements in 26 17 advertisements. 26 18 9. Willful or repeated violations of this chapter. 26 19 Sec. 37. NEW SECTION. 103.37 PROCEDURE. 26 20 Proceedings for any action under section 103.36 shall be 26 21 commenced by filing with the board written charges against the 26 22 accused. Upon the filing of charges, the board shall conduct 26 23 an investigation into the charges. The board shall designate 26 24 a time and place for a hearing, and shall notify the accused 26 25 of this action and furnish the accused a copy of all charges 26 26 at least thirty days prior to the date of the hearing. The 26 27 accused has the right to appear personally or by counsel, to 26 28 cross=examine witnesses, or to produce witnesses in defense. 26 29 Sec. 38. NEW SECTION. 103.38 INJUNCTION. 26 30 Any person who is not legally authorized to practice in 26 31 this state according to this chapter, who practices, or in 26 32 connection with the person's name, uses any designation 26 33 tending to imply or designate the person as authorized to 26 34 practice in this state according to this chapter, may be 26 35 restrained by permanent injunction. 27 1 Sec. 39. NEW SECTION. 103.39 CRIMINAL VIOLATIONS. 27 2 A person who violates a permanent injunction issued 27 3 pursuant to section 103.38 or presents or attempts to file as 27 4 the person's own the certificate of licensure of another, or 27 5 who gives false or forged evidence of any kind to the board in 27 6 obtaining a certificate of licensure, or who falsely 27 7 impersonates another practitioner of like or different name, 27 8 or who uses or attempts to use a revoked certificate of 27 9 licensure, is guilty of a fraudulent practice under chapter 27 10 714. 27 11 Sec. 40. NEW SECTION. 103.40 CIVIL PENALTY. 27 12 1. In addition to any other penalties provided for in this 27 13 chapter, the board may by order impose a civil penalty upon a 27 14 person who is not licensed under this chapter and who does any 27 15 of the following: 27 16 a. Is employed in a capacity in which the person engages 27 17 in or offers to engage in the activities authorized pursuant 27 18 to this chapter. 27 19 b. Uses or employs the words "electrical contractor" or 27 20 "class A master electrician", "class B master electrician", 27 21 "class A journeyman electrician", "class B journeyman 27 22 electrician", or "life safety installer", or implies 27 23 authorization to provide or offer those services, or otherwise 27 24 uses or advertises any title, word, figure, sign, card, 27 25 advertisement, or other symbol or description tending to 27 26 convey the impression that the person is an "electrical 27 27 contractor", "class A master electrician", "class B master 27 28 electrician", "class A journeyman electrician", "class B 27 29 journeyman electrician", or "life safety installer". 27 30 c. Gives false or forged evidence of any kind to the board 27 31 or any member of the board in obtaining or attempting to 27 32 obtain a certificate of licensure. 27 33 d. Falsely impersonates any individual licensed pursuant 27 34 to this chapter. 27 35 e. Uses or attempts to use an expired, suspended, revoked, 28 1 or nonexistent certificate of licensure. 28 2 f. Knowingly aids or abets an unlicensed person who 28 3 engages in any activity identified in this subsection. 28 4 2. A civil penalty imposed shall not exceed one thousand 28 5 dollars for each offense. Each day of a continued violation 28 6 constitutes a separate offense, except that offenses resulting 28 7 from the same or common facts or circumstances shall be 28 8 considered a single offense. 28 9 3. In determining the amount of a civil penalty to be 28 10 imposed, the board may consider any of the following: 28 11 a. Whether the amount imposed will be a substantial 28 12 economic deterrent to the violation. 28 13 b. The circumstances leading to the violation. 28 14 c. The severity of the violation and the risk of harm to 28 15 the public. 28 16 d. The economic benefits gained by the violator as a 28 17 result of noncompliance. 28 18 e. The interest of the public. 28 19 4. Before issuing an order under this section, the board 28 20 shall provide the person written notice and the opportunity to 28 21 request a hearing on the record. The hearing must be 28 22 requested within thirty days of the issuance of the notice and 28 23 shall be conducted in the same manner as provided in section 28 24 103.37. 28 25 5. The board, in connection with a proceeding under this 28 26 section, may issue subpoenas to compel the attendance and 28 27 testimony of witnesses and the disclosure of evidence, and may 28 28 request the attorney general to bring an action to enforce the 28 29 subpoena. 28 30 6. A person aggrieved by the imposition of a civil penalty 28 31 under this section may seek judicial review in accordance with 28 32 section 17A.19. 28 33 7. If a person fails to pay a civil penalty within thirty 28 34 days after entry of an order under subsection 1, or if the 28 35 order is stayed pending an appeal within ten days after the 29 1 court enters a final judgment in favor of the board, the board 29 2 shall notify the attorney general. The attorney general may 29 3 commence an action to recover the amount of the penalty, 29 4 including reasonable attorney fees and costs. 29 5 8. An action to enforce an order under this section may be 29 6 joined with an action for an injunction. 29 7 Sec. 41. EFFECTIVE DATES. Sections 1 through 5, section 29 8 6, subsections 1 and 6, and section 17, being deemed of 29 9 immediate importance, take effect upon enactment. Sections 23 29 10 through 35 of this Act take effect January 1, 2008. The 29 11 remaining sections and subsections of this Act take effect 29 12 January 1, 2007. 29 13 EXPLANATION 29 14 This bill provides for a statewide system of licensure for 29 15 electricians and life safety installers, provisions regarding 29 16 electrical inspections, and specifies related licensing and 29 17 inspection fees. The new statewide licensure system 29 18 supplements current licensure of electricians on a city=by= 29 19 city basis, permitting electricians to practice on a 29 20 statewide, as well as local, basis. 29 21 The bill provides for the creation of a 10=member 29 22 electrical examining board within the state fire marshal 29 23 division of the department of public safety. 29 24 The bill establishes several powers and duties relating to 29 25 the activities of the board. The board shall be authorized to 29 26 adopt rules to administer the chapter, and in so doing shall 29 27 be governed by the minimum standards set forth in the national 29 28 electrical code issued and adopted by the national fire 29 29 protection association. The rules shall establish wiring 29 30 standards that protect public safety and health and property 29 31 and that apply to all electrical wiring installed pursuant to 29 32 the chapter. Additional powers and duties of the board 29 33 include the ability to revoke, suspend, or refuse to renew any 29 34 license under specified circumstances, to order disconnection 29 35 of power to any electrical installation that is proximately 30 1 dangerous to health and property, to remove electrical wiring 30 2 and apparatus from premises when such wiring and apparatus is 30 3 proximately dangerous to health and property, to investigate 30 4 any death by electrocution that occurs within the state, to 30 5 adopt rules for continuing education requirements, and to 30 6 specify fee levels and collection procedures. 30 7 The bill creates an electrician and installer licensing and 30 8 inspection fund in the state treasury as a separate fund under 30 9 the control of the board. The bill provides that all 30 10 licensing, registration, examination, renewal, and inspection 30 11 fees deposited or paid into the fund are appropriated and made 30 12 available to the board, and that the balance shall not revert 30 13 to the general fund. 30 14 The bill provides that in order to, for another, plan, lay 30 15 out, or supervise the installation of electrical wiring, 30 16 apparatus, or equipment for light, heat, or power, an 30 17 individual must be licensed by the board as an electrical 30 18 contractor, a class A master electrician, or a class B master 30 19 electrician, as defined in the bill. The bill provides that 30 20 an applicant for an electrical contractor license shall be a 30 21 licensed class A or class B master electrician, and be 30 22 registered with the state of Iowa as a contractor. 30 23 The bill provides that an applicant for a class A master 30 24 electrician license shall have at least one year's experience, 30 25 acceptable to the board, as a licensed class A or class B 30 26 journeyman electrician, and obtain a score of at least 75 30 27 percent on an examination prescribed and administered by the 30 28 board. An applicant who establishes that they have been 30 29 working in the electrical business and involved in planning 30 30 for, laying out, supervising, and installing electrical 30 31 wiring, apparatus, or equipment for light, heat, and power 30 32 prior to 1990 may be granted a class B master electrician 30 33 license without being tested, valid unless a political 30 34 subdivision establishes standards not permitting such work by 30 35 a class B master electrician. Additionally, the bill states 31 1 that a person licensed to plan, lay out, or supervise the 31 2 installation of electrical wiring, apparatus, or equipment for 31 3 light, heat, power, and other purposes by a political 31 4 subdivision preceding the applicable section of the bill's 31 5 effective date pursuant to a supervised written examination 31 6 and who is currently engaged in the electrical contracting 31 7 industry, shall be issued an applicable corresponding 31 8 statewide license corresponding, with the board adopting by 31 9 rule criteria for political subdivision examination standards. 31 10 The bill provides that a person shall not, for another, 31 11 wire for or install electrical wiring, apparatus, or 31 12 equipment, or supervise an apprentice electrician or 31 13 unclassified person, unless licensed by the board as an 31 14 electrical contractor, a class A master electrician, a class B 31 15 master electrician, or a life safety installer, or is licensed 31 16 as a class A or B journeyman electrician or life safety 31 17 installer and employed by an electrical contractor, class A or 31 18 B master electrician, or a life safety installer as defined in 31 19 the bill. 31 20 The bill provides that an applicant for a class A 31 21 journeyman electrician license shall have successfully 31 22 completed an apprenticeship training program and have obtained 31 23 a score of at least 75 percent on an examination prescribed 31 24 and administered by the board. An applicant who can provide 31 25 proof that they have been employed as a journeyman electrician 31 26 since 1990 can be granted a class B journeyman electrician 31 27 license without being tested subject to political subdivision 31 28 restrictions similar to those applicable for class B master 31 29 electricians. The bill provides that a person licensed to 31 30 wire for or install electrical wiring, electrical apparatus, 31 31 or electrical equipment or supervise an apprentice electrician 31 32 by a political subdivision preceding the applicable section of 31 33 the bill's effective date pursuant to a supervised written 31 34 examination, and who is currently engaged in the electrical 31 35 contracting industry with at least four years' experience, 32 1 shall be issued an applicable corresponding statewide license, 32 2 with the board adopting rules for criteria for city 32 3 examination standards. 32 4 The bill provides for a special electrician license 32 5 authorizing the licensee to engage in a limited class or 32 6 classes of electrical work. Additionally, the bill provides 32 7 for the licensing of a life safety installer. The bill 32 8 provides that a person authorized to plan, lay out, or install 32 9 electrical wiring, electrical apparatus, and electrical 32 10 equipment for components of life safety systems that operate 32 11 at 50 volts or less by a political subdivision on the 32 12 applicable section of the bill's effective date shall be 32 13 issued an applicable statewide license corresponding to that 32 14 authorization, and that on or after the bill's effective date, 32 15 a person licensed as a life safety installer to plan, lay out, 32 16 and install electrical wiring, electrical apparatus, and 32 17 electrical equipment for components of life safety systems 32 18 shall have at least two years' experience, acceptable to the 32 19 board, in planning, laying out, and installing life safety 32 20 systems. Additionally, the bill specifies that an applicant 32 21 for a life safety installer license shall obtain a score of at 32 22 least 75 percent on an examination prescribed and administered 32 23 by the board. The bill provides that a person licensed as a 32 24 class A or class B master electrician, or a class A or class B 32 25 journeyman electrician, who has not successfully passed the 32 26 examination shall be authorized to install electrical wiring, 32 27 apparatus, and equipment for components of life safety systems 32 28 if their work is approved by a person who is licensed as a 32 29 life safety installer. 32 30 The bill additionally includes provisions pertaining to 32 31 apprentice electricians and unclassified persons employed by 32 32 licensees. The bill provides that a person shall be licensed 32 33 to work as an apprentice electrician while participating in an 32 34 apprenticeship training program, and that a person is eligible 32 35 as an apprentice electrician for only one apprenticeship, 33 1 which shall be limited to six years from the date of licensure 33 2 unless extended for hardship. A person shall be licensed as 33 3 an unclassified person to perform electrical work if the work 33 4 is performed under the personal supervision of a person 33 5 actually licensed to perform such work and the licensed and 33 6 unclassified persons are employed by the same employer. The 33 7 bill provides that apprentice electricians and unclassified 33 8 persons shall do no electrical wiring except under the direct 33 9 personal on=the=job supervision and control in specified 33 10 ratios in the immediate presence of a licensee pursuant to the 33 11 bill. The bill provides that an unlicensed unclassified 33 12 person must obtain licensure as an unclassified person within 33 13 100 days of employment. 33 14 The bill specifies the types of licensing examinations and 33 15 specifies examination frequencies and procedures. The bill 33 16 provides a criminal penalty of a simple misdemeanor for a 33 17 board member who discloses listed confidential information 33 18 relating to applicants and examinations. 33 19 The bill provides that licenses pursuant to the bill's 33 20 provisions shall expire every three years, and specifies 33 21 examination, issuance, and renewal fees for the various 33 22 classifications of licensure. The bill also provides that to 33 23 renew a license, the licensee shall be required to complete 18 33 24 contact hours of continuing education courses approved by the 33 25 board per three=year period of licensure. The contact hours 33 26 shall include a minimum of six contact hours studying the 33 27 national electrical code. 33 28 The bill provides for the continuation of business by a 33 29 licensee by a representative for a period of six months 33 30 following the licensee's death, and provides for reciprocity 33 31 and temporary licensure. The bill contains a chapter 33 32 inapplicability section, including inapplicability to a person 33 33 licensed as an engineer or architect providing consultations 33 34 and developing plans concerning electrical installations while 33 35 exclusively engaged in the practice of their profession, and 34 1 employees of specified entities while acting within the scope 34 2 of their employment. The bill provides that persons who hold 34 3 a valid license issued by any political subdivision are not 34 4 required to obtain state licensure, so long as they make 34 5 electrical installations only in the jurisdictional limits of 34 6 that political subdivision and the license issued by the 34 7 political subdivision meets the requirements of the bill. 34 8 Further, the bill's provisions shall not apply to vertical 34 9 transportation or passenger conveyors, elevators, moving 34 10 walks, dumbwaiters, stagelifts, manlifts, or appurtenances, 34 11 shall not require a license of any person who engages any 34 12 electrical appliance where approved electrical outlets are 34 13 already installed, prohibit an owner of property from 34 14 performing work on the owner's principal residence under 34 15 specified circumstances, or require that any person be a 34 16 member of a labor union in order to be licensed. 34 17 The bill specifies inspection procedures and requirements 34 18 applicable to all new electrical installations for commercial 34 19 or industrial applications, including installations both 34 20 inside and outside of buildings, and for public use buildings 34 21 and facilities and any installation at the request of the 34 22 owner, all new electrical installations for residential 34 23 applications in excess of single=family residential 34 24 applications, all new electrical installations for single= 34 25 family residential applications requiring new electrical 34 26 service equipment, and existing electrical installations 34 27 observed during inspection which constitute an electrical 34 28 hazard, with the caveat that existing installations shall not 34 29 be deemed to constitute an electrical hazard if the wiring 34 30 when originally installed was installed in accordance with the 34 31 electrical code in force at the time of installation and has 34 32 been maintained in that condition. 34 33 The bill provides that state inspection shall not apply 34 34 within the jurisdiction of any political subdivision which 34 35 provides by resolution or ordinance standards of electrical 35 1 wiring and its installation that are not less than those 35 2 prescribed by the board or by the Code chapter established by 35 3 the bill and which further provides by resolution or ordinance 35 4 for the inspection of electrical installations within the 35 5 limits of such subdivision by a certified electrical 35 6 inspector. The bill provides that only the holder of an 35 7 electrical inspector's certificate of qualification shall be 35 8 appointed to act as electrical inspector, and provides that 35 9 the board shall establish by rule standards for the 35 10 certification and decertification of state electrical 35 11 inspectors, and certified electrical inspector continuing 35 12 education requirements. 35 13 The bill specifies procedures relating to a request for 35 14 inspection at or before commencement of any installation 35 15 required to be inspected, and provides penalties for the 35 16 failure to do so. The bill provides that if an inspector 35 17 finds that any installation or portion of an installation is 35 18 not in compliance with accepted standards of construction for 35 19 safety to health and property, the inspector may issue written 35 20 condemnation orders, or orders for disconnection, with the 35 21 immediacy of such orders and opportunities to remedy the 35 22 noncompliance varying with the extent to which the 35 23 noncompliance is found to be a serious and proximate danger to 35 24 human health and property. The bill provides that before an 35 25 electrical installation subject to inspection is either newly 35 26 connected or reconnected, there must be filed with the 35 27 electrical utility supplying power a certificate of the 35 28 property owner or licensed electrician directing the work that 35 29 inspection has been requested and that the conditions of the 35 30 installation are safe for energization. The bill provides 35 31 that when an order of condemnation or disconnection has been 35 32 issued, prior to connection or reconnection there shall first 35 33 be filed with the electrical utility supplying the power a 35 34 copy of an order of the inspector or the board dismissing the 35 35 prior order. 36 1 The bill provides that all political subdivisions 36 2 performing electrical inspections prior to December 31, 2006, 36 3 shall continue performing them; that if the board finds that a 36 4 political subdivision's inspections are not adequate, the 36 5 board may revoke the political subdivision's authority to 36 6 perform its own inspections; and that a political subdivision 36 7 not performing electrical inspections prior to December 31, 36 8 2006, may make provision for inspection of electrical 36 9 installations within its jurisdiction. The bill provides that 36 10 a political subdivision that performs electrical inspections 36 11 may set appropriate permit fees, and that a political 36 12 subdivision shall not require payment of any license fee or 36 13 the taking of any examination if a person holds a current 36 14 license issued by the board which is of a classification equal 36 15 to or greater than the classification needed to do the work 36 16 proposed. However, a political subdivision may require the 36 17 filing of a copy of the current license issued by the board or 36 18 such other evidence of such license. 36 19 The bill specifies instances where inspections shall not be 36 20 required, specifies state inspection procedures, establishes 36 21 inspection and reinspection fees, and provides that such fees 36 22 shall not apply within the jurisdiction of any political 36 23 subdivision if the political subdivision has adopted an 36 24 ordinance or resolution as previously explained regarding 36 25 conducting its own inspections. 36 26 The bill provides for an appeal process, and provides 36 27 suspension, revocation, reprimand, and penalty provisions. 36 28 Provisions of the bill relating primarily to definitions 36 29 and the establishment of the electrician examining board take 36 30 effect upon enactment. Provisions relating primarily to 36 31 establishing the various categories of licensure take effect 36 32 January 1, 2007. Provisions relating primarily to inspections 36 33 take effect January 1, 2008. 36 34 LSB 5777XS 81 36 35 rn:nh/cf/24.1