House File 213 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO HSB 52)


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

                                      A BILL FOR

  1 An Act relating to electrician licensure by modifying existing
  2    provisions and specifying new classifications.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1310HV 83
  5 rn/rj/5

PAG LIN



  1  1    Section 1.  Section 103.1, Code 2009, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  11A.  "Residential electrician" means a
  1  4 person having the necessary qualifications, training,
  1  5 experience, and technical knowledge to perform a residential
  1  6 installation.
  1  7    NEW SUBSECTION.  11B.  "Residential installation" means the
  1  8 wiring for or installation of electrical wiring, apparatus,
  1  9 and equipment in a residence consisting of no more than four
  1 10 living units within the same building.
  1 11    NEW SUBSECTION.  11C.  "Residential master electrician"
  1 12 means a person having the necessary qualifications, training,
  1 13 experience, and technical knowledge to properly plan, lay out,
  1 14 and supervise the performance of a residential installation.
  1 15    Sec. 2.  NEW SECTION.  103.10A  INACTIVE MASTER ELECTRICIAN
  1 16 LICENSE.
  1 17    The board may by rule create an inactive master electrician
  1 18 license and establish a fee for such a license.  An applicant
  1 19 for an inactive master electrician license shall, at a
  1 20 minimum, meet the requirements of this chapter and
  1 21 requirements established by the board by rule for licensure as
  1 22 a class A master electrician or a class B master electrician.
  1 23 A person licensed as an inactive master electrician shall not
  1 24 be authorized to act as a master electrician, but shall be
  1 25 authorized to apply for a class A master electrician license
  1 26 or a class B master electrician license at a future date
  1 27 subject to conditions and under procedures established by the
  1 28 board by rule.  The conditions and procedures shall include
  1 29 but not be limited to completion of the required number of
  1 30 contact hours of continuing education courses specified in
  1 31 section 103.18, and paying the applicable license fee
  1 32 specified in section 103.19 for a class A master electrician
  1 33 license or class B master electrician license.
  1 34    Sec. 3.  NEW SECTION.  103.12A  RESIDENTIAL ELECTRICIAN AND
  1 35 RESIDENTIAL MASTER ELECTRICIAN LICENSE == QUALIFICATIONS.
  2  1    1.  The board may by rule provide for the issuance of a
  2  2 residential electrician license, and may by rule provide for
  2  3 the issuance of a residential master electrician license.
  2  4    a.  A residential electrician license or residential master
  2  5 electrician license, if established by the board, shall be
  2  6 issued to applicants who meet qualifications determined by the
  2  7 board, and shall be valid for the performance of residential
  2  8 installations, subject to limitations or restrictions
  2  9 established by the board.
  2 10    b.  A person who, on or after the effective date of this
  2 11 Act, holds a special electrician license authorizing
  2 12 residential electrical installation, granted pursuant to
  2 13 section 103.13, shall be eligible for conversion of that
  2 14 special license to either a residential electrician license or
  2 15 a residential master electrician license, if established by
  2 16 the board, in accordance with requirements and procedures
  2 17 established by the board.
  2 18    2.  A person licensed by the board as a class A journeyman
  2 19 electrician or a class B journeyman electrician, or as a class
  2 20 A master electrician or a class B master electrician, shall
  2 21 not be required to hold a residential electrician or
  2 22 residential master electrician license to perform any type of
  2 23 residential installation authorized for a person licensed
  2 24 pursuant to this section.
  2 25    3.  The board may reject an application for licensure under
  2 26 this section from an applicant who would be subject to
  2 27 suspension, revocation, or reprimand pursuant to section
  2 28 103.35.
  2 29    Sec. 4.  Section 103.13, Code 2009, is amended to read as
  2 30 follows:
  2 31    103.13  SPECIAL ELECTRICIAN LICENSE == QUALIFICATIONS.
  2 32    1.  The board shall by rule provide for the issuance of
  2 33 special electrician licenses authorizing the licensee to
  2 34 engage in a limited class or classes of electrical work, which
  2 35 class or classes shall be specified on the license.  Each
  3  1 licensee shall have experience, acceptable to the board, in
  3  2 each such limited class of work for which the person is
  3  3 licensed.  The board may reject an application for licensure
  3  4 under this section from an applicant who would be subject to
  3  5 suspension, revocation, or reprimand pursuant to section
  3  6 103.35.
  3  7    2.  Notwithstanding section 103.8, a person who holds a
  3  8 special electrician license is not required to obtain an
  3  9 electrical contractor license to engage in the business of
  3 10 providing new electrical installations or any other electrical
  3 11 services if such installations or services fall within the
  3 12 limited class of special electrical work for which the person
  3 13 holds the special electrician license.
  3 14    3.  The board may reject an application for licensure under
  3 15 this section from an applicant who would be subject to
  3 16 suspension, revocation, or reprimand pursuant to section
  3 17 103.35.
  3 18    Sec. 5.  Section 103.19, subsection 1, paragraph a, Code
  3 19 2009, is amended to read as follows:
  3 20    a.  For each year of the three=year license period for
  3 21 issuance and renewal:
  3 22    (1)  Electrical contractor, one hundred twenty=five
  3 23 dollars.
  3 24    (2)  Class A master electrician, class B master
  3 25 electrician, residential master electrician, one hundred
  3 26 twenty=five dollars.
  3 27    (3)  Class A journeyman electrician, class B journeyman
  3 28 electrician, residential electrician, or special electrician,
  3 29 twenty=five dollars.
  3 30    Sec. 6.  Section 103.19, Code 2009, is amended by adding
  3 31 the following new subsection:
  3 32    NEW SUBSECTION.  3.  If the board determines that all
  3 33 licenses shall expire on the same date every three years for
  3 34 licenses specified in subsection 1, paragraph "a", the license
  3 35 fees shall be prorated by month.  The board shall determine an
  4  1 individual's license fee based on the number of months that
  4  2 the individual's license will be in effect after being issued
  4  3 and prior to expiration.
  4  4    Sec. 7.  Section 103.25, Code 2009, is amended to read as
  4  5 follows:
  4  6    103.25  REQUEST FOR INSPECTION == FEES.
  4  7    1.  At or before commencement of any installation required
  4  8 to be inspected by the board, the licensee or property owner
  4  9 making such installation shall submit to the state fire
  4 10 marshal's office a request for inspection.  The board shall
  4 11 prescribe the methods by which the request may be submitted,
  4 12 which may include electronic submission or through a form
  4 13 prescribed by the board that can be submitted either through
  4 14 the mail or by a fax transmission.  The board shall also
  4 15 prescribe methods by which inspection fees can by paid, which
  4 16 may include electronic methods of payment.  If the board or
  4 17 the state fire marshal's office becomes aware that a person
  4 18 has failed to file a necessary request for inspection, the
  4 19 board shall send a written notification by certified mail that
  4 20 the request must be filed within fourteen days.  Any person
  4 21 filing a late request for inspection shall pay a delinquency
  4 22 fee in an amount to be determined by the board.  A person who
  4 23 fails to file a late request within fourteen days shall be
  4 24 subject to a civil penalty to be determined by the board by
  4 25 rule.
  4 26    2.  Notwithstanding subsection 1, the board may by rule
  4 27 provide for the issuance of a single permit to a licensee to
  4 28 request multiple inspections.  The permit authorizes the
  4 29 licensee to perform new electrical installations specified in
  4 30 the permit.  The board shall prescribe the methods by which
  4 31 the request for multiple inspections may be submitted, which
  4 32 may include electronic submission or through a form prescribed
  4 33 by the board that can be submitted either through the mail or
  4 34 by a fax transmission.  The board shall also prescribe methods
  4 35 by which inspection fees can be paid, which may include
  5  1 electronic methods of payment.  The board may perform
  5  2 inspections of each new electrical installation or any portion
  5  3 of the total number of new electrical installations made under
  5  4 each permit.  The board shall establish fees for such permits,
  5  5 which shall not exceed the total inspection fees that would be
  5  6 required if each new electrical installation performed under
  5  7 the request for multiple inspections had been performed under
  5  8 individual requests for inspections as provided in subsection
  5  9 1.
  5 10    Sec. 8.  Section 103.29, subsection 4, Code 2009, is
  5 11 amended to read as follows:
  5 12    4.  A political subdivision is authorized to determine what
  5 13 work may be performed by a class B licensee within the
  5 14 jurisdictional limits of the political subdivision, provided,
  5 15 however, that a political subdivision shall not prohibit a
  5 16 class B licensee from performing any type of work that the
  5 17 licensee was authorized to perform within the political
  5 18 subdivision under the authority of a license validly issued or
  5 19 recognized by the political subdivision on December 31, 2007.
  5 20    Sec. 9.  Section 103.30, Code 2009, is amended to read as
  5 21 follows:
  5 22    103.30  INSPECTIONS NOT REQUIRED.
  5 23    1.  Nothing in this chapter shall be construed to require
  5 24 the work of employees of municipal utilities, railroads,
  5 25 electric membership or cooperative associations,
  5 26 investor=owned utilities, rural water associations or
  5 27 districts, or telecommunications systems to be inspected while
  5 28 acting within the scope of their employment.
  5 29    2.  The board may by rule exempt specified types of new
  5 30 electrical installations from the state electrical inspection
  5 31 requirements under section 103.23, provided that a political
  5 32 subdivision conducting inspections pursuant to section 103.24
  5 33 shall not be prohibited from requiring inspection of any new
  5 34 electrical installation exempt by rule from state inspection
  5 35 pursuant to this subsection.
  6  1    Sec. 10.  Section 103.33, subsection 3, Code 2009, is
  6  2 amended to read as follows:
  6  3    3.  Upon receipt of notice of appeal from a condemnation or
  6  4 disconnection order because the electrical installation is not
  6  5 in compliance with accepted standards of construction for
  6  6 safety to health and property, except as provided in
  6  7 subsection 2, the order appealed from shall be stayed until
  6  8 final decision of the board and the board shall notify the
  6  9 property owner and the electrical contractor, class A master
  6 10 electrician, class B master electrician, fire alarm installer,
  6 11 or special electrician, or if established by the board the
  6 12 residential master electrician, making the installation.  The
  6 13 power supplier shall also be notified in those instances in
  6 14 which the order has been served on such supplier.
  6 15                           EXPLANATION
  6 16    This bill modifies specified existing provisions relating
  6 17 to electrician licensure and authorizes two new licensure
  6 18 classifications.
  6 19    The bill provides that the electrical examining board may
  6 20 establish by rule a residential electrician classification and
  6 21 a residential master electrician licensure classification to
  6 22 perform residential installations.  A "residential
  6 23 installation" is defined in the bill as wiring for or
  6 24 installing electrical wiring, apparatus, and equipment in a
  6 25 residence consisting of no more than four living units within
  6 26 the same building.  A "residential electrician" refers to a
  6 27 person having the necessary qualifications, training,
  6 28 experience, and technical knowledge to perform a residential
  6 29 installation, and a "residential master electrician" refers to
  6 30 a person having the necessary qualifications, training,
  6 31 experience, and technical knowledge to properly plan, lay out,
  6 32 and supervise the performance of a residential installation.
  6 33 The bill authorizes the board to determine licensure
  6 34 qualifications, limitations, and restrictions for the two new
  6 35 classifications if the classifications are established,
  7  1 provides for conversion of an existing special electrician
  7  2 license authorizing residential installations to one of the
  7  3 new classifications if established, and exempts specified
  7  4 existing licensure classifications from requirements
  7  5 applicable to the new classifications.  The bill contains
  7  6 corresponding changes regarding licensing fees and
  7  7 notification procedures relating to an appeal from an order of
  7  8 condemnation or disconnection by the board.  License fee
  7  9 amounts are $125 for a residential master electrician, and $25
  7 10 for a residential electrician.
  7 11    The bill additionally authorizes the board to create an
  7 12 inactive master electrician license by rule, which could be
  7 13 converted to class A master electrician or class B master
  7 14 electrician license by complying with continuing education and
  7 15 license fee requirements, and other requirements to be
  7 16 established by the board.
  7 17    The bill provides that in the event that the board
  7 18 determines that all three=year licenses shall expire on the
  7 19 same date every three years, license fees shall be prorated by
  7 20 month for mid=cycle applicants, and authorizes the board to
  7 21 establish by rule a process for the issuance of a single
  7 22 permit to a licensee to request multiple inspections.
  7 23    The bill additionally provides that a political subdivision
  7 24 shall not prohibit a class B licensee from performing any type
  7 25 of work that the licensee was authorized to perform within the
  7 26 political subdivision under the authority of a license validly
  7 27 issued or recognized by the political subdivision on December
  7 28 31, 2007.  The bill also authorizes the board to exempt
  7 29 specified types of electrical installations from inspections
  7 30 requirements of Code chapter 103, and provides that a
  7 31 political subdivision is not obliged to extend the exemption
  7 32 to a local inspection the political subdivision is conducting.
  7 33 LSB 1310HV 83
  7 34 rn/rj/5