House File 618 - Introduced HOUSE FILE 618 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 10) A BILL FOR An Act modifying licensing provisions applicable to fire 1 extinguishing and alarm systems contractors and installers, 2 and electricians and electrical contractors. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1255HV (3) 84 rn/rj
H.F. 618 Section 1. Section 100C.1, subsection 13, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. For a telecommunications company that 3 has been issued a certificate of public convenience and 4 necessity pursuant to section 476.29, a person with whom 5 the telecommunications company contracts, who is certified 6 by the national institute for certification in engineering 7 technologies as required in paragraph “a” or “b” or who meets 8 any other criteria established by rule. 9 Sec. 2. Section 100C.2, subsection 3, Code 2011, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . d. This subsection shall not apply to a 12 responsible managing employee with whom a telecommunications 13 company contracts as provided in section 100C.1, subsection 13, 14 paragraph “c” . 15 Sec. 3. NEW SECTION . 103.1A Term “commercial” “commercial” “commercial” applied. 16 As used in this chapter: 17 1. “Commercial” refers to a use, installation, structure, 18 or premises associated with a place of business where goods, 19 wares, services, or merchandise is stored or offered for sale 20 on a wholesale or retail basis. 21 2. “Commercial” refers to a residence only if the residence 22 is also used as a place of business as provided in subsection 23 1. 24 3. “Commercial” does not refer to a use, installation, 25 structure, or premises associated with any of the following: 26 a. A farm. 27 b. An industrial installation. 28 Sec. 4. Section 103.22, subsection 7, Code 2011, is amended 29 to read as follows: 30 7. Prohibit an owner of property from performing work on the 31 owner’s principal residence, if such residence is an existing 32 dwelling rather than new construction and is not an apartment 33 that is attached to any other apartment or building, as those 34 terms are defined in section 499B.2 , and is not larger than a 35 -1- LSB 1255HV (3) 84 rn/rj 1/ 4
H.F. 618 single-family dwelling, or farm property, excluding commercial 1 or industrial installations or installations in public use 2 buildings or facilities, or require such owner to be licensed 3 under this chapter . In order to qualify for inapplicability 4 pursuant to this subsection , a residence shall qualify for the 5 homestead tax exemption. 6 Sec. 5. Section 103.22, Code 2011, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 15. Apply to a person performing any 9 installation on a farm, if the person is associated with the 10 farm as a holder of a legal or equitable interest, a relative 11 or employee of the holder, or an operator or manager of the 12 farm. The provisions of this chapter do not require such 13 person to be licensed. In addition, a permit is not required 14 for an installation on a farm, and an installation on a farm 15 is not required to be inspected. In order for a farm building 16 to qualify under this subsection, the farm building must not 17 be regularly open to the public as a place of business for the 18 retail sale of goods, wares, services, or merchandise. 19 EXPLANATION 20 This bill modifies licensing provisions applicable to fire 21 extinguishing and alarm systems contractors and installers, and 22 electricians and electrical contractors. 23 With reference to fire extinguishing and alarm systems 24 contractors and installers, in relation to the definition 25 of “responsible managing employee” contained in Code 26 section 100C.1, subsection 13, the bill provides that for a 27 telecommunications company that has been issued a certificate 28 of public convenience and necessity, a responsible managing 29 employee may be a person with whom the telecommunications 30 company contracts, who is certified by the national institute 31 for certification in engineering technologies or who meets any 32 other criteria established by rule. 33 The bill additionally modifies Code section 100C.2, 34 subsection 3. That subsection currently states that a 35 -2- LSB 1255HV (3) 84 rn/rj 2/ 4
H.F. 618 responsible managing employee may act in that capacity for 1 only one fire extinguishing system contractor or alarm system 2 contractor at a time, and shall not be so designated for 3 more than two fire extinguishing system contractors or alarm 4 system contractors, respectively, in any 12-month period. The 5 subsection currently also states that a responsible managing 6 employee may serve in such capacity for a fire extinguishing 7 system contractor and an alarm system contractor at the same 8 time, provided that the fire extinguishing system contractor 9 and the alarm system contractor are the same business, and that 10 the person designated as the responsible managing employee 11 meets the responsible managing employee criteria established 12 for each certification. The bill provides that the subsection 13 shall not apply to a responsible managing employee with whom a 14 telecommunications company contracts as described above. 15 With reference to electricians and electrical contractors, 16 the bill provides that whenever the term “commercial” is 17 used in Code chapter 103, it refers to a use, installation, 18 structure, or premises associated with a place of business 19 where goods, wares, services, or merchandise is stored or 20 offered for sale on a wholesale or retail basis, and refers to 21 a residence only if the residence is also used as a place of 22 business. The bill states that “commercial” does not refer to 23 a use, installation, structure, or premises associated with 24 either a farm or an industrial installation. 25 The bill removes reference to farm property from Code 26 section 103.22, subsection 7, which provides an exemption from 27 Code chapter 103 for performing electrical work on an owner’s 28 principal residence under specified circumstances. The bill 29 creates a new subsection in Code section 103.22 specifically 30 relating to farm property, stating that the Code chapter’s 31 inapplicability provisions shall cover a person performing any 32 installation on a farm, if the person is associated with the 33 farm as a holder of a legal or equitable interest, a relative 34 or employee of the holder, or an operator or manager of the 35 -3- LSB 1255HV (3) 84 rn/rj 3/ 4
H.F. 618 farm, and that such person shall not be required to be licensed 1 under the Code chapter. The bill also states that a permit is 2 not required for an installation on a farm, and an installation 3 on a farm is not required to be inspected. In order for a farm 4 building to qualify for Code chapter inapplicability, the bill 5 provides that the farm property shall not be regularly open to 6 the public as a place of business for the retail sale of goods, 7 wares, services, or merchandise. 8 -4- LSB 1255HV (3) 84 rn/rj 4/ 4