SSB 3194 (LSB 5885XC (4) 83)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON FRAISE)

A BILL FOR

An Act providing an exemption for electrical installations on farms from licensing and inspections, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  103.1A  Term “commercial” applied.
   1.  Whenever the term “commercial” is used in this chapter, it shall refer to a use, installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise is stored or offered for sale on a wholesale or retail basis.
   2.  The term “commercial” refers to a residence only if the residence is also used as place of business as provided in subsection 1.
   3.  The term “commercial” does not refer to a use, installation, structure, or premises associated with any of the following:
   a.  A farm.
   b.  An industrial installation.
    Sec. 2.  Section 103.22, subsection 7, Code Supplement 2009, is amended to read as follows:
   7.  Prohibit an owner of property from performing work on the owner’s principal residence, if such residence is an existing dwelling rather than new construction and is not an apartment that is attached to any other apartment or building, as those terms are defined in section 499B.2, and is not larger than a single-family dwelling, or farm property, excluding commercial or industrial installations or installations in public use buildings or facilities, or require such owner to be licensed under this chapter. In order to qualify for inapplicability pursuant to this subsection, a residence shall qualify for the homestead tax exemption.
    Sec. 3.  Section 103.22, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Apply to a person performing any installation on a farm, if the person is associated with the farm as a holder of a legal or equitable interest, a relative or employee of the holder, or an operator or manager of the farm. The provisions of this chapter do not require such person to be licensed. In addition, a permit is not required for an installation on a farm, and an installation on a farm is not required to be inspected. In order for a farm building to qualify under this subsection, it cannot regularly be open to the public as a place of business for the retail sale of goods, wares, services, or merchandise.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill amends Code chapter 103 which provides for the regulation of electricians and electrical contractors. The bill provides that when the chapter uses the term “commercial” it refers to a place of business where goods, wares, services, or merchandise is stored or offered for sale on a wholesale or retail basis. It refers to a residence only when used as a business, and it does not refer to a farm, or an industrial installation.
   Generally, the Code chapter requires that a person must be licensed as an electrical contractor to provide for electrical installations. The bill rewrites a provision which exempts installation on farms. The bill provides that the Code chapter’s requirements do not apply to a person performing any installation by a farmer, employee or relative of the farmer, or farm operator or manager. An installation on a farm does not require a permit and does not have to be inspected.