Senate Study Bill 3094 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC SAFETY BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act modifying provisions relating to statewide licensure and
  2    certification of electricians and alarm system contractors and
  3    installers, and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5364DP 82
  6 rn/nh/14

PAG LIN



  1  1    Section 1.  Section 100C.1, subsection 1, Code Supplement
  1  2 2007, is amended to read as follows:
  1  3    1.  "Alarm system" means a system or portion of a
  1  4 combination system that consists of components and circuits
  1  5 arranged to monitor and annunciate the status of a fire alarm,
  1  6 security alarm, or medical alarm nurse call or supervisory
  1  7 signal=initiating devices and to initiate the appropriate
  1  8 response to those signals.
  1  9    Sec. 2.  Section 100C.1, subsection 13, paragraph b, Code
  1 10 Supplement 2007, is amended to read as follows:
  1 11    b.  An owner, partner, officer, or manager employed
  1 12 full=time by an alarm system contractor who is certified by
  1 13 the national institute for certification in engineering
  1 14 technologies in fire alarm systems or security systems at a
  1 15 level established by the fire marshal by rule or who meets any
  1 16 other criteria established by rule under this chapter.  The
  1 17 rules may provide for separate endorsements for fire alarm
  1 18 systems, security alarm systems, and medical alarm nurse call
  1 19 systems and may require separate qualifications for each.
  1 20    Sec. 3.  Section 100C.2, subsection 4, paragraph b, Code
  1 21 Supplement 2007, is amended to read as follows:
  1 22    b.  An employee or subcontractor of a certified alarm
  1 23 system contractor who is an alarm system installer, and who is
  1 24 not licensed pursuant to chapter 103 shall obtain and maintain
  1 25 certification as an alarm system installer and shall meet and
  1 26 maintain qualifications established by the state fire marshal
  1 27 by rule.
  1 28    Sec. 4.  Section 100C.10, subsection 2, paragraph d, Code
  1 29 Supplement 2007, is amended to read as follows:
  1 30    d.  Three alarm system contractors, certified pursuant to
  1 31 this chapter, at least one of whom shall have experience with
  1 32 fire alarm systems, at least one of whom shall have experience
  1 33 with security alarm systems, and at least one of whom shall
  1 34 have experience with medical alarm nurse call systems.
  1 35    Sec. 5.  Section 103.1, subsection 7, Code Supplement 2007,
  2  1 is amended by striking the subsection.
  2  2    Sec. 6.  Section 103.1, subsection 8, Code Supplement 2007,
  2  3 is amended to read as follows:
  2  4    8.  "Electrical contractor" means a person affiliated with
  2  5 an electrical contracting firm or business who is, or who
  2  6 employs a person who is, licensed by the board as either a
  2  7 class A or class B master electrician and who is also
  2  8 registered with the state of Iowa as a contractor.
  2  9    Sec. 7.  Section 103.1, subsection 13, Code Supplement
  2 10 2007, is amended by striking the subsection.
  2 11    Sec. 8.  Section 103.2, subsection 2, paragraphs b and d,
  2 12 Code Supplement 2007, are amended to read as follows:
  2 13    b.  Two members shall be master electricians or electrical
  2 14 contractors, one of whom is a contractor signed to a
  2 15 collective bargaining agreement or a master electrician
  2 16 covered under a collective bargaining agreement and one of
  2 17 whom is a nonunion contractor not signed to a collective
  2 18 bargaining agreement or a master electrician who is not a
  2 19 member of a union.
  2 20    d.  Two members, one a union member covered under a
  2 21 collective bargaining agreement and one a nonunion member, who
  2 22 is not a member of a union, each of whom shall not be a member
  2 23 of any of the aforementioned groups described in paragraphs
  2 24 "a" through "c", and shall represent the general public.
  2 25    Sec. 9.  Section 103.6, subsection 1, Code Supplement 2007,
  2 26 is amended to read as follows:
  2 27    1.  Adopt rules pursuant to chapter 17A and in doing so
  2 28 shall be governed by the minimum standards set forth in the
  2 29 most current publication of the national electrical code
  2 30 issued and adopted by the national fire protection
  2 31 association, and amendments to the code, which code and
  2 32 amendments shall be filed in the offices of the secretary of
  2 33 state law library and the board and shall be a public record.
  2 34 The board shall adopt rules reflecting updates to the code and
  2 35 amendments to the code.  The board shall promulgate and adopt
  3  1 rules establishing wiring standards that protect public safety
  3  2 and health and property and that apply to all electrical
  3  3 wiring which is installed subject to this chapter.
  3  4    Sec. 10.  Section 103.8, Code Supplement 2007, is amended
  3  5 to read as follows:
  3  6    103.8  ACTIVITIES WHERE LICENSE REQUIRED == EXCEPTIONS.
  3  7    1.  No person, except a person licensed as an electrical
  3  8 contractor, shall engage in the business of providing new
  3  9 electrical installations or any other electrical services
  3 10 regulated under this chapter.
  3 11    2.  Except as provided in sections 103.13 and 103.14, no
  3 12 person shall, for another, plan, lay out, or supervise the
  3 13 installation of wiring, apparatus, or equipment for electrical
  3 14 light, heat, power, and other purposes unless the person is
  3 15 licensed by the board as an electrical contractor, a class A
  3 16 master electrician, or a class B master electrician.
  3 17    Sec. 11.  Section 103.10, Code Supplement 2007, is amended
  3 18 by adding the following new subsection:
  3 19    NEW SUBSECTION.  5.  The board may reject an application
  3 20 for licensure under this section from an applicant who would
  3 21 be subject to suspension, revocation, or reprimand pursuant to
  3 22 section 103.35.
  3 23    Sec. 12.  Section 103.11, Code Supplement 2007, is amended
  3 24 to read as follows:
  3 25    103.11  WIRING OR INSTALLING == SUPERVISING APPRENTICES ==
  3 26 LICENSE REQUIRED == QUALIFICATIONS.
  3 27    Except as provided in section 103.13, no person shall, for
  3 28 another, wire for or install electrical wiring, apparatus, or
  3 29 equipment, or supervise an apprentice electrician or
  3 30 unclassified person, unless the person is licensed by the
  3 31 board as an electrical contractor, a class A master
  3 32 electrician, or a class B master electrician, or is licensed
  3 33 as a class A journeyman electrician, or a class B journeyman
  3 34 electrician, and is employed by an electrical contractor, or
  3 35 is working under the supervision of a class A master
  4  1 electrician, or a class B master electrician.
  4  2    Sec. 13.  Section 103.12, subsection 1, Code Supplement
  4  3 2007, is amended to read as follows:
  4  4    1.  An applicant for a class A journeyman electrician
  4  5 license shall have successfully completed an apprenticeship
  4  6 training program registered by the bureau of apprenticeship
  4  7 and training of the United States department of labor in
  4  8 accordance with the standards established by that department
  4  9 or shall have received training or experience for a period of
  4 10 time and under conditions as established by the board by rule.
  4 11 An applicant may petition the board to receive a waiver of
  4 12 this requirement.  The board shall determine a level of
  4 13 on=the=job experience as an unclassified person sufficient to
  4 14 qualify for a waiver.
  4 15    Sec. 14.  Section 103.12, subsection 2, Code Supplement
  4 16 2007, is amended by striking the subsection and inserting in
  4 17 lieu thereof the following:
  4 18    2.  In addition, an applicant shall meet examination
  4 19 criteria based upon the most recent national electrical code
  4 20 adopted pursuant to section 103.6 and upon electrical theory,
  4 21 as determined by the board.
  4 22    Sec. 15.  Section 103.12, Code Supplement 2007, is amended
  4 23 by adding the following new subsection:
  4 24    NEW SUBSECTION.  5.  The board may reject an application
  4 25 for licensure under this section from an applicant who would
  4 26 be subject to suspension, revocation, or reprimand pursuant to
  4 27 section 103.35.
  4 28    Sec. 16.  Section 103.13, Code Supplement 2007, is amended
  4 29 to read as follows:
  4 30    103.13  SPECIAL ELECTRICIAN LICENSE == QUALIFICATIONS.
  4 31    The board shall by rule provide for the issuance of special
  4 32 electrician licenses authorizing the licensee to engage in a
  4 33 limited class or classes of electrical work, which class or
  4 34 classes shall be specified on the license.  Each licensee
  4 35 shall have experience, acceptable to the board, in each such
  5  1 limited class of work for which the person is licensed.  The
  5  2 board may reject an application for licensure under this
  5  3 section from an applicant who would be subject to suspension,
  5  4 revocation, or reprimand pursuant to section 103.35.
  5  5    Sec. 17.  Section 103.15, Code Supplement 2007, is amended
  5  6 to read as follows:
  5  7    103.15  APPRENTICE ELECTRICIAN == UNCLASSIFIED PERSON.
  5  8    1.  A person shall be licensed by the board and pay a
  5  9 licensing fee to work as an apprentice electrician while
  5 10 participating in an apprenticeship training program registered
  5 11 by the bureau of apprenticeship and training of the United
  5 12 States department of labor in accordance with the standards
  5 13 established by that department.  An apprenticeship shall be
  5 14 limited to six years from the date of licensure, unless
  5 15 extended by the board upon a finding that a hardship existed
  5 16 which prevented completion of the apprenticeship program.
  5 17 Such licensure shall entitle the licensee to act as an
  5 18 apprentice to an electrical contractor, a class A master
  5 19 electrician, a class B master electrician, a class A
  5 20 journeyman electrician, or a class B journeyman electrician as
  5 21 provided in subsection 3.
  5 22    2.  a.  A person shall be licensed as an unclassified
  5 23 person by the board to perform electrical work if the work is
  5 24 performed under the personal supervision of a person actually
  5 25 licensed to perform such work and the licensed and
  5 26 unclassified persons are employed by the same employer.  After
  5 27 one hundred continuous days of employment as a nonlicensed
  5 28 unclassified person, the unclassified person must receive a
  5 29 license from the board.  A person shall not be employed
  5 30 continuously for more than one hundred days as an unclassified
  5 31 person without having obtained a current license from the
  5 32 board.  For the purposes of this subsection, "one hundred
  5 33 continuous days of employment" includes any days not worked
  5 34 due to illness, holidays, weekend days, and other absences
  5 35 that do not constitute separation from or termination of
  6  1 employment.  Any period of employment as a nonlicensed
  6  2 unclassified person shall not be credited to any applicable
  6  3 experiential requirement of an apprenticeship training program
  6  4 registered by the bureau of apprenticeship and training of the
  6  5 United States department of labor.
  6  6    b.  Licensed persons shall not permit unclassified persons
  6  7 to perform electrical work except under the personal
  6  8 supervision of a person actually licensed to perform such
  6  9 work.  Unclassified persons shall not supervise the
  6 10 performance of electrical work or make assignments of
  6 11 electrical work to unclassified persons.  Electrical
  6 12 contractors Any person employing unclassified persons
  6 13 performing electrical work shall maintain records establishing
  6 14 compliance with this section, which shall designate all
  6 15 unclassified persons performing electrical work.
  6 16    3.  Apprentice electricians and unclassified persons shall
  6 17 do no electrical wiring except under the direct personal
  6 18 on=the=job supervision and control and in the immediate
  6 19 presence of a licensee pursuant to this chapter as specified
  6 20 in section 103.11.  Such supervision shall include both
  6 21 on=the=job training and related classroom training as approved
  6 22 by the board.  The licensee may employ or supervise apprentice
  6 23 electricians and unclassified persons at a ratio not to exceed
  6 24 three apprentice electricians and unclassified persons to one
  6 25 licensee, except that such ratio and the other requirements of
  6 26 this section shall not apply to apprenticeship classroom
  6 27 training.
  6 28    4.  For purposes of this section, "the direct personal
  6 29 on=the=job supervision and control and in the immediate
  6 30 presence of a licensee" shall mean the licensee and the
  6 31 apprentice electrician or unclassified person shall be working
  6 32 at the same project location but shall not require that the
  6 33 licensee and apprentice electrician or unclassified person be
  6 34 within sight of one another at all times.
  6 35    5.  An apprentice electrician shall not install, alter, or
  7  1 repair electrical equipment except as provided in this
  7  2 section, and the licensee employing or supervising an
  7  3 apprentice electrician shall not authorize or permit such
  7  4 actions by the apprentice electrician.
  7  5    6.  The board may reject an application for licensure under
  7  6 this section from an applicant who would be subject to
  7  7 suspension, revocation, or reprimand pursuant to section
  7  8 103.35.
  7  9    Sec. 18.  Section 103.16, subsection 1, Code Supplement
  7 10 2007, is amended to read as follows:
  7 11    1.  Examinations for licensure shall be given offered as
  7 12 often as deemed necessary by the board, but no less than one
  7 13 time per month quarter.  The scope of the examinations and the
  7 14 methods of procedure shall be prescribed by the board.  The
  7 15 examinations given by the board shall be the Experior
  7 16 assessment examination, or a successor examination approved by
  7 17 the board, or an examination prepared by a third=party testing
  7 18 service which is substantially equivalent to the Experior
  7 19 assessment examination, or a successor examination approved by
  7 20 the board.
  7 21    Sec. 19.  Section 103.19, subsection 1, Code Supplement
  7 22 2007, is amended to read as follows:
  7 23    1.  Licenses issued pursuant to this chapter shall expire
  7 24 every three years, with the exception of licenses for
  7 25 apprentice electricians and unclassified persons, which shall
  7 26 expire on an annual basis.  All license applications shall
  7 27 include the applicant's social security number, which shall be
  7 28 maintained as a confidential record and shall be redacted
  7 29 prior to public release of an application or other record
  7 30 containing such social security number.  The board shall
  7 31 establish the fees to be payable for examination and license
  7 32 issuance and renewal in amounts not to exceed the following:
  7 33    a.  For examinations:
  7 34    (1)  Class A master electrician, one hundred twenty=five
  7 35 dollars.
  8  1    (2)  Class A journeyman electrician, sixty dollars.
  8  2    b.  a.  For each year of the three=year license period for
  8  3 issuance and renewal:
  8  4    (1)  Electrical contractor, one hundred twenty=five
  8  5 dollars.
  8  6    (2)  Class A master electrician, class B master
  8  7 electrician, one hundred twenty=five dollars.
  8  8    (3)  Class A journeyman electrician, class B journeyman
  8  9 electrician, or special electrician, twenty=five dollars.
  8 10    c.  b.  For apprentice electricians or unclassified
  8 11 persons, twenty dollars.
  8 12    Sec. 20.  Section 103.22, subsections 6 and 10, Code
  8 13 Supplement 2007, are amended to read as follows:
  8 14    6.  Prohibit an owner of property from performing work on
  8 15 the owner's principal residence, if such residence is an
  8 16 existing dwelling rather than new construction and is not an
  8 17 apartment that is attached to any other apartment or building,
  8 18 as those terms are defined in section 499B.2, and is not
  8 19 larger than a single=family dwelling, or farm property,
  8 20 excluding commercial or industrial installations or
  8 21 installations in public use buildings or facilities, or
  8 22 require such owner to be licensed under this chapter.  In
  8 23 order to qualify for inapplicability pursuant to this
  8 24 subsection, a residence shall qualify for the homestead tax
  8 25 exemption.
  8 26    10.  Apply to a person performing alarm system
  8 27 installations pursuant to section 103.14 or to a person
  8 28 engaged in the design, installation, erection, repair,
  8 29 maintenance, or alteration of class two or class three remote
  8 30 control, signaling, or power=limited circuits, optical fiber
  8 31 cables or other cabling, or communications circuits, including
  8 32 raceways, as defined in the national electrical code for
  8 33 voice, video, audio, and data signals in commercial or
  8 34 residential premises.
  8 35    Sec. 21.  2007 Iowa Acts, chapter 197, section 33,
  9  1 subsection 2, is amended to read as follows:
  9  2    2.  All new electrical installations for residential
  9  3 applications in excess of single=family residential
  9  4 applications, including an apartment that is attached to any
  9  5 other apartment or building, as those terms are defined in
  9  6 section 499B.2.
  9  7    Sec. 22.  Section 103.24, as enacted by 2007 Iowa Acts,
  9  8 chapter 197, section 34, is amended to read as follows:
  9  9    103.24  STATE INSPECTION == INAPPLICABILITY IN CERTAIN
  9 10 POLITICAL SUBDIVISIONS == ELECTRICAL INSPECTORS == CERTIFICATE
  9 11 OF QUALIFICATION.
  9 12    1.  No person other than the holder of an electrical
  9 13 inspector's certificate of qualification shall be appointed to
  9 14 act as an electrical inspector and to enforce this chapter as
  9 15 an electrical inspector and to enforce this chapter or any
  9 16 applicable resolution or ordinance within the inspector's
  9 17 jurisdiction.  The board shall establish by rule standards for
  9 18 the certification and decertification of state electrical
  9 19 inspectors appointed by the state or a political subdivision
  9 20 to enforce this chapter or any applicable resolution or
  9 21 ordinance within the inspector's jurisdiction, and for
  9 22 certified electrical inspector continuing education
  9 23 requirements.
  9 24    a.  On and after January 1, 2009, a person appointed to act
  9 25 as an electrical inspector for the state shall obtain an
  9 26 inspector's certificate of qualification within one year of
  9 27 such appointment and shall maintain the certificate thereafter
  9 28 for the duration of the inspector's service as an electrical
  9 29 inspector.
  9 30    b.  On and after January 1, 2014, a person appointed to act
  9 31 as an electrical inspector for a political subdivision shall
  9 32 obtain an inspector's certificate of qualification within one
  9 33 year of such appointment and shall maintain the certificate
  9 34 thereafter for the duration of the inspector's service as an
  9 35 electrical inspector.
 10  1    2.  State inspection shall not apply within the
 10  2 jurisdiction of any political subdivision which, pursuant to
 10  3 section 103.29, provides by resolution or ordinance standards
 10  4 of electrical wiring and its installation that are not less
 10  5 than those prescribed by the board or by this chapter and
 10  6 which further provides by resolution or ordinance for the
 10  7 inspection of electrical installations within the limits of
 10  8 such subdivision by a certified electrical inspector.  A copy
 10  9 of the certificate of each electrical inspector shall be
 10 10 provided to the board by the political subdivision issuing the
 10 11 certificate.
 10 12    3.  State inspection shall not apply to routine
 10 13 maintenance.
 10 14    Sec. 23.  Section 103.25, as enacted by 2007 Iowa Acts,
 10 15 chapter 197, section 35, is amended to read as follows:
 10 16    103.25  REQUEST FOR INSPECTION == FEES.
 10 17    At or before commencement of any installation required to
 10 18 be inspected by the board, the licensee or owner making such
 10 19 installation shall submit to the state fire marshal's office a
 10 20 request for inspection.  The board shall prescribe the methods
 10 21 by which the request may be submitted, which may include
 10 22 electronic submission or through a form prescribed by the
 10 23 board that can be submitted either through the mail or by a
 10 24 fax transmission.  The board shall also prescribe methods by
 10 25 which inspection fees can by paid, which may include
 10 26 electronic methods of payment.  If the board or the state fire
 10 27 marshal's office becomes aware that a person has failed to
 10 28 file a necessary request for inspection, the board or the
 10 29 state fire marshal's office shall send a written notification
 10 30 by certified mail that the request must by filed within
 10 31 fourteen days.  Any person filing a late request for
 10 32 inspection shall pay a delinquency fee in an amount to be
 10 33 determined by the board.  Failure to file a late request
 10 34 within fourteen days shall be subject to a civil penalty to be
 10 35 determined by the board by rule.
 11  1    Sec. 24.  Section 103.26, as enacted by 2007 Iowa Acts,
 11  2 chapter 197, section 36, is amended to read as follows:
 11  3    103.26  CONDEMNATION == DISCONNECTION == OPPORTUNITY TO
 11  4 CORRECT NONCOMPLIANCE.
 11  5    If the inspector finds that any installation or portion of
 11  6 an installation is not in compliance with accepted standards
 11  7 of construction for safety to health and property, based upon
 11  8 minimum standards set forth in the local electrical code or
 11  9 the national electrical code adopted by the board pursuant to
 11 10 section 103.6, the inspector shall by written order condemn
 11 11 the installation or noncomplying portion or order service to
 11 12 such installation disconnected and shall send a copy of such
 11 13 order to the board, the state fire marshal, and the electrical
 11 14 utility supplying power involved.  If the installation or the
 11 15 noncomplying portion is such as to seriously and proximately
 11 16 endanger human health or property, the order of the inspector
 11 17 when approved by the inspector's superior supervisor shall
 11 18 require immediate condemnation and disconnection by the
 11 19 applicant.  In all other cases, the order of the inspector
 11 20 shall establish a reasonable period of time for the
 11 21 installation to be brought into compliance with accepted
 11 22 standards of construction for safety to health and property
 11 23 prior to the effective date established in such order for
 11 24 condemnation or disconnection.
 11 25    Sec. 25.  2007 Iowa Acts, chapter 197, section 39,
 11 26 subsection 1, is amended to read as follows:
 11 27    1.  A political subdivision performing electrical
 11 28 inspections prior to December 31, 2007, shall continue to
 11 29 perform such inspections.  After December 31, 2012 2013, a
 11 30 political subdivision may choose to discontinue performing its
 11 31 own inspections and permit the board to have jurisdiction over
 11 32 inspections in the political subdivision.  If a political
 11 33 subdivision seeks to discontinue its own inspections prior to
 11 34 December 31, 2012 2013, the political subdivision shall
 11 35 petition the board.  If On or after January 1, 2014, if a
 12  1 unanimous vote of the board finds that a political
 12  2 subdivision's inspections are inadequate by reason of
 12  3 misfeasance, malfeasance, or nonfeasance, the board may
 12  4 suspend or revoke the political subdivision's authority to
 12  5 perform its own inspections, subject to appeal according to
 12  6 the procedure set forth in section 103.35 and judicial review
 12  7 pursuant to section 17A.19.  A political subdivision not
 12  8 performing electrical inspections prior to December 31, 2007,
 12  9 may make provision for inspection of electrical installations
 12 10 within its jurisdiction, in which case it shall keep on file
 12 11 with the board copies of its current inspection ordinances or
 12 12 resolutions and electrical codes.
 12 13    Sec. 26.  2007 Iowa Acts, chapter 197, section 41,
 12 14 subsection 4, is amended to read as follows:
 12 15    4.  Except when an inspection reveals that an installation
 12 16 or portion of an installation is not in compliance with
 12 17 accepted standards of construction for safety to health and
 12 18 property, based upon minimum standards set forth in the local
 12 19 electrical code or the national electrical code adopted by the
 12 20 board pursuant to section 103.6, such that an order of
 12 21 condemnation or disconnection is warranted pursuant to section
 12 22 103.26, an inspector shall not add to, modify, or amend a
 12 23 construction plan as originally approved by the state fire
 12 24 marshal or the state building code commissioner in the course
 12 25 of conducting an inspection.
 12 26    Sec. 27.  Section 103.35, as enacted by 2007 Iowa Acts,
 12 27 chapter 197, section 44, is amended to read as follows:
 12 28    103.35  APPEAL PROCEDURES.
 12 29    1.  Upon receipt of a notice of appeal filed pursuant to
 12 30 section 103.34, the chairperson or executive secretary of the
 12 31 board may designate a hearing officer from among the board
 12 32 members to hear the appeal or may set the matter for hearing
 12 33 before the full board at its next regular meeting.  A majority
 12 34 of the board shall make the decision.
 12 35    2.  Upon receiving the notice of appeal filed pursuant to
 13  1 section 103.34, the board shall notify all persons served with
 13  2 the order appealed from.  Such persons may join in the hearing
 13  3 and give testimony in their own behalf.  The board shall set
 13  4 the hearing date on a date not more than fourteen days after
 13  5 receipt of the notice of appeal unless otherwise agreed by the
 13  6 interested parties and the board.
 13  7    Sec. 28.  EFFECTIVE DATE.  This Act, being deemed of
 13  8 immediate importance, takes effect upon enactment.
 13  9                           EXPLANATION
 13 10    This bill makes several changes with regard to electrician
 13 11 and alarm system contractor and installer licensure and
 13 12 certification legislation passed during the 2007 legislative
 13 13 session.
 13 14    In connection with Code chapter 100C, relating to
 13 15 certification of fire extinguishing system contractors, alarm
 13 16 system contractors, and alarm system installers, the bill
 13 17 changes references to "medical alarm" systems to "nurse call"
 13 18 systems, and adds a certification requirement applicable to a
 13 19 subcontractor of a certified alarm system contractor who is an
 13 20 alarm system installer and not licensed as an electrician
 13 21 pursuant to Code chapter 103.
 13 22    Concerning Code chapter 103, relating to licensure of
 13 23 electricians and electrical contractors, the bill deletes the
 13 24 definitions of "commercial installations" and "residential
 13 25 installations" in the definitions section of the Code chapter.
 13 26 The bill also modifies the definition of "electrical
 13 27 contractor" to include a person who may not be licensed as a
 13 28 class A or class B master electrician but employs a person so
 13 29 licensed.
 13 30    The bill changes a reference to nonunion contractors
 13 31 represented on the electrical examining board to contractors
 13 32 not signed to a collective bargaining agreement, and a
 13 33 reference to the offices of the secretary of state to the
 13 34 state law library regarding a requirement that the board file
 13 35 the most current publication of the national electrical code
 14  1 and amendments thereto.  The bill additionally provides that
 14  2 no person other than a licensed electrical contractor shall
 14  3 engage in the business of providing new electrical
 14  4 installations or any other electrical services regulated under
 14  5 the Code chapter.
 14  6    Regarding qualification for licensure under various
 14  7 licensing categories, the bill adds a provision that the board
 14  8 may reject an application for licensure from an applicant who
 14  9 would be subject to suspension, revocation, or reprimand
 14 10 pursuant to board disciplinary authority.  The bill provides
 14 11 that a person may be qualified to wire for or install
 14 12 electrical wiring, apparatus, or equipment, or supervise an
 14 13 apprentice electrician or unclassified person if working under
 14 14 the supervision of a class A or class B master electrician.
 14 15 The bill also removes the ability of an applicant for a class
 14 16 A or class B journeyman electrician license to petition for a
 14 17 waiver of apprenticeship training requirements, providing in
 14 18 the alternative that in lieu of an apprenticeship the
 14 19 applicant shall have received training or experience for a
 14 20 period of time and under conditions established by the board.
 14 21 Also, the requirement of achieving a specified score on an
 14 22 examination prescribed by the board is removed.
 14 23    The bill modifies provisions relating to licensure as an
 14 24 unclassified person after a period of 100 continuous days of
 14 25 employment, clarifying what constitutes "continuous" and
 14 26 adding that employment as a nonlicensed unclassified person
 14 27 will not be credited toward any applicable apprenticeship
 14 28 experiential requirement.  The bill also specifies that
 14 29 records regarding employment of unclassified persons must be
 14 30 maintained by any employer.
 14 31    Further, the bill changes the frequency with which
 14 32 licensure examinations must be offered by the board from
 14 33 monthly to quarterly, provides for the confidentiality of
 14 34 social security numbers provided on applications, deletes fees
 14 35 for licensure examinations, and establishes a license and
 15  1 renewal fee for unclassified persons of $20.
 15  2    Concerning an exemption from licensure for electrical work
 15  3 performed on an owner's principal residence, the bill provides
 15  4 that the exemption does not apply to an apartment that is
 15  5 attached to any other apartment or building as defined in Code
 15  6 section 499B.2.  The bill also provides for the obtaining of
 15  7 electrical inspector's certificates by persons appointed to
 15  8 act as electrical inspectors for the state or a political
 15  9 subdivision by specified dates, deletes a provision that
 15 10 notice of failure to request an inspection can be sent by the
 15 11 state fire marshal's office in addition to the board, and
 15 12 changes the date after which a political subdivision can
 15 13 choose to discontinue performing its own inspections from
 15 14 December 31, 2012, to December 31, 2013.  The bill also adds
 15 15 the state building code commissioner as originally approving a
 15 16 construction plan with regard to circumstances under which an
 15 17 inspector may add to, modify, or amend such a plan.
 15 18    The bill takes effect upon enactment.
 15 19 LSB 5364DP 82
 15 20 rn/nh/14