House File 542 - Introduced HOUSE FILE 542 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 259) A BILL FOR An Act modifying provisions applicable to electrician and 1 electrical contractor licensing and regulation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1367HV (2) 85 rn/rj

H.F. 542 Section 1. Section 103.4, Code 2013, is amended to read as 1 follows: 2 103.4 Organization and meetings of the board. 3 1. The board shall elect annually from its members a 4 chairperson and a vice chairperson, and shall hire and provide 5 staff to assist the board in administering this chapter . An 6 executive secretary designated by the board shall report to the 7 state fire marshal for purposes of routine board administrative 8 functions, and shall report directly to the board for purposes 9 of execution of board policy such as application of licensing 10 criteria and processing of applications. The board shall 11 hold at least one meeting quarterly at the location of the 12 board’s principal office, and meetings shall be called at other 13 times by the chairperson or four members of the board. At 14 any meeting of the board, a majority of members constitutes a 15 quorum. 16 2. All meetings, actions, and deliberations of the board 17 shall be fully subject to and shall comply with the open 18 meetings and open records requirements of chapters 21 and 19 22. Notwithstanding section 21.5, subsection 4, the office 20 of citizens’ aide or the Iowa public information board shall 21 not be required to obtain a court order for the purpose of 22 inspecting the detailed minutes and audio recording of a closed 23 session of the electrical examining board in the performance of 24 its duties or under chapter 2C. 25 Sec. 2. Section 103.6, subsection 1, paragraph a, Code 2013, 26 is amended to read as follows: 27 a. Adopt rules pursuant to chapter 17A and in doing so 28 shall be governed by the minimum standards set forth in the 29 most current publication of the national electrical code issued 30 and adopted by the national fire protection association, and 31 amendments to the code, which code and amendments shall be 32 filed in the offices of the state law library and the board 33 and shall be a public record. The board shall adopt rules 34 reflecting updates to the code and amendments to the code. The 35 -1- LSB 1367HV (2) 85 rn/rj 1/ 8

H.F. 542 board shall promulgate and adopt rules establishing wiring 1 standards that protect public safety and health and property 2 and that apply to all electrical wiring which is installed 3 subject to this chapter . The rules adopted by the board 4 based on the minimum standards set forth in the most current 5 publication of the national electrical code shall apply and be 6 consistently enforced throughout the state and in and by every 7 political subdivision of the state. 8 Sec. 3. Section 103.6, subsection 1, paragraph d, Code 2013, 9 is amended by striking the paragraph. 10 Sec. 4. Section 103.6, Code 2013, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3. The state fire marshal shall provide 13 for the amount and collection of fees for inspection and other 14 services, by rule. 15 Sec. 5. Section 103.7, Code 2013, is amended to read as 16 follows: 17 103.7 Electrician and installer licensing and inspection 18 fund. 19 An electrician and installer licensing and inspection fund 20 is created in the state treasury as a separate fund under 21 the control of the board state fire marshal . All licensing, 22 examination, renewal, and inspection fees shall be deposited 23 into the fund and retained by and for the use of the board state 24 fire marshal . Expenditures from the fund shall be approved by 25 the sole authority of the board in consultation with the state 26 fire marshal for any of the board’s duties and the regulatory 27 or administrative functions of this chapter . Amounts deposited 28 into the fund shall be considered repayment receipts as defined 29 in section 8.2 . Notwithstanding section 8.33 , any balance 30 in the fund on June 30 of each fiscal year shall not revert 31 to the general fund of the state, but shall remain available 32 for the purposes of this chapter in subsequent fiscal years. 33 Notwithstanding section 12C.7, subsection 2 , interest or 34 earnings on moneys deposited in the fund shall be credited to 35 -2- LSB 1367HV (2) 85 rn/rj 2/ 8

H.F. 542 the fund. 1 Sec. 6. Section 103.10A, Code 2013, is amended to read as 2 follows: 3 103.10A Inactive master electrician license. 4 The board may by rule create an inactive master electrician 5 license and the state fire marshal may establish a fee for such 6 a license. An applicant for an inactive master electrician 7 license shall, at a minimum, meet the requirements of this 8 chapter and requirements established by the board by rule 9 for licensure as a class A master electrician or a class 10 B master electrician. A person licensed as an inactive 11 master electrician shall not be authorized to act as a master 12 electrician, but shall be authorized to apply for a class A 13 master electrician license or a class B master electrician 14 license at a future date subject to conditions and under 15 procedures established by the board by rule. The conditions 16 and procedures shall include but not be limited to completion 17 of the required number of contact hours of continuing education 18 courses specified in section 103.18 , and paying the applicable 19 license fee specified in section 103.19 for a class A master 20 electrician license or class B master electrician license. 21 Sec. 7. Section 103.19, Code 2013, is amended to read as 22 follows: 23 103.19 Licenses —— expiration —— application —— fees. 24 1. Licenses issued pursuant to this chapter shall 25 expire every three years, with the exception of licenses for 26 apprentice electricians and unclassified persons, which shall 27 expire on an annual basis. All license applications shall 28 include the applicant’s social security number, which shall be 29 maintained as a confidential record and shall be redacted prior 30 to public release of an application or other record containing 31 such social security number. The board state fire marshal 32 shall establish the fees to be payable for license issuance and 33 renewal in amounts not to exceed the following: 34 a. For each year of the three-year license period for 35 -3- LSB 1367HV (2) 85 rn/rj 3/ 8

H.F. 542 issuance and renewal: 1 (1) Electrical contractor, one hundred twenty-five dollars. 2 (2) Class A master electrician, class B master electrician, 3 residential master electrician, one hundred twenty-five 4 dollars. 5 (3) Class A journeyman electrician, class B journeyman 6 electrician, residential electrician, or special electrician, 7 twenty-five dollars. 8 b. For apprentice electricians or unclassified persons, 9 twenty dollars. 10 2. The holder of an expired license may renew the license 11 for a period of three months from the date of expiration upon 12 payment of the license fee plus ten percent of the renewal fee 13 for each month or portion thereof past the expiration date. 14 All holders of licenses expired for more than three months 15 shall apply for a new license. 16 3. If the board state fire marshal determines that all 17 licenses shall expire on the same date every three years for 18 licenses specified in subsection 1 , paragraph “a” , the license 19 fees shall be prorated by month. The board state fire marshal 20 shall determine an individual’s license fee based on the number 21 of months that the individual’s license will be in effect after 22 being issued and prior to expiration. 23 Sec. 8. Section 103.25, Code 2013, is amended to read as 24 follows: 25 103.25 Request for inspection —— fees. 26 1. At or before commencement of any installation required 27 to be inspected by the board, the licensee or property owner 28 making such installation shall submit to the state fire 29 marshal’s office a request for inspection. The board shall 30 prescribe the methods by which the request may be submitted, 31 which may include electronic submission or through a form 32 prescribed by the board that can be submitted either through 33 the mail or by a fax transmission. The board state fire 34 marshal shall also prescribe methods by which inspection fees 35 -4- LSB 1367HV (2) 85 rn/rj 4/ 8

H.F. 542 can be paid, which may include electronic methods of payment. 1 If the board or the state fire marshal’s office becomes aware 2 that a person has failed to file a necessary request for 3 inspection, the board shall send a written notification by 4 certified mail that the request must be filed within fourteen 5 days. Any person filing a late request for inspection shall 6 pay a delinquency fee in an amount to be determined by the 7 board state fire marshal . A person who fails to file a late 8 request within fourteen days from receipt of the notification 9 shall be subject to a civil penalty to be determined by the 10 board by rule. 11 2. Notwithstanding subsection 1 , the board may by rule 12 provide for the issuance of a single permit to a licensee 13 to request multiple inspections. The permit authorizes the 14 licensee to perform new electrical installations specified in 15 the permit. The board shall prescribe the methods by which 16 the request for multiple inspections may be submitted, which 17 may include electronic submission or through a form prescribed 18 by the board that can be submitted either through the mail or 19 by a fax transmission. The board state fire marshal shall 20 also prescribe methods by which inspection fees can be paid, 21 which may include electronic methods of payment. The board may 22 perform inspections of each new electrical installation or any 23 portion of the total number of new electrical installations 24 made under each permit. The board state fire marshal shall 25 establish fees for such permits, which shall not exceed 26 the total inspection fees that would be required if each 27 new electrical installation performed under the request for 28 multiple inspections had been performed under individual 29 requests for inspections as provided in subsection 1 . 30 Sec. 9. Section 103.29, subsection 5, Code 2013, is amended 31 to read as follows: 32 5. A political subdivision that performs electrical 33 inspections shall act as the authority having jurisdiction for 34 electrical inspections and for amending the national electrical 35 -5- LSB 1367HV (2) 85 rn/rj 5/ 8

H.F. 542 code adopted by the board pursuant to section 103.6 for work 1 performed within the jurisdictional limits of the political 2 subdivision, provided those inspections and amendments 3 conform to the requirements of this chapter . Any action by 4 a political subdivision with respect to amendments to the 5 national electrical code shall be filed with the board prior to 6 enforcement by the political subdivision, and shall not be less 7 stringent than the minimum standards established by the board 8 by rule. Inspections performed by a political subdivision 9 shall be based on standards which conform to, are governed by, 10 and do not exceed or vary from the rules adopted by the board 11 based on the minimum standards set forth in the most current 12 publication of the national electrical code. 13 Sec. 10. Section 103.29, subsection 6, Code 2013, is amended 14 by striking the subsection. 15 Sec. 11. Section 103.32, subsections 1 and 2, Code 2013, are 16 amended to read as follows: 17 1. All state electrical inspection fees shall be due 18 and payable to the board state fire marshal at or before 19 commencement of the installation and shall be forwarded with 20 the request for inspection. Inspection fees provided in 21 this section shall not apply within the jurisdiction of any 22 political subdivision if the political subdivision has adopted 23 an ordinance or resolution pursuant to this chapter . 24 2. The board state fire marshal shall establish the fees for 25 inspections in amounts not to exceed: 26 a. For each separate inspection of an installation, 27 replacement, alteration, or repair, twenty-five dollars. 28 b. For services, change of services, temporary services, 29 additions, alterations, or repairs on either primary or 30 secondary services as follows: 31 (1) Zero to one hundred ampere capacity, twenty-five 32 dollars plus five dollars per branch circuit or feeder. 33 (2) One hundred one to two hundred ampere capacity, 34 thirty-five dollars plus five dollars per branch circuit or 35 -6- LSB 1367HV (2) 85 rn/rj 6/ 8

H.F. 542 feeder. 1 (3) For each additional one hundred ampere capacity or 2 fraction thereof, twenty dollars plus five dollars per branch 3 circuit or feeder. 4 c. For field irrigation system inspections, sixty dollars 5 for each unit inspected. 6 d. For the first reinspection required as a result of a 7 correction order, fifty dollars; a second reinspection required 8 as a result of noncompliance with the same correction order, 9 seventy-five dollars; and subsequent reinspections associated 10 with the same correction order, one hundred dollars for each 11 reinspection. 12 EXPLANATION 13 This bill modifies provisions applicable to electrician and 14 electrical contractor licensing and regulation. 15 The bill provides that all meetings, actions, and 16 deliberations of the electrical examining board created 17 in Code section 103.2 shall be fully subject to and shall 18 comply with the open meetings and open records requirements 19 of Code chapters 21 and 22. Further, the bill provides that 20 notwithstanding Code section 21.5, subsection 4, the office 21 of citizens’ aide or the Iowa public information board shall 22 not be required to obtain a court order for the purpose of 23 inspecting the detailed minutes and audio recording of a closed 24 session of the board in the performance of its duties or under 25 Code chapter 2C. 26 The bill specifies that rules adopted by the board based on 27 the minimum standards set forth in the most current publication 28 of the national electrical code shall apply and be consistently 29 enforced throughout the state and in and by every political 30 subdivision of the state. The bill makes conforming changes 31 deleting previous authority by political subdivisions to 32 amend the national electrical code for work performed within 33 the jurisdictional limits of the political subdivision, and 34 authority to grant variances or deviations from a standard 35 -7- LSB 1367HV (2) 85 rn/rj 7/ 8

H.F. 542 interpretation of the national electrical code on an exception 1 basis. 2 The bill transfers authority regarding the establishing and 3 collection of licensing and inspection fees, and control of 4 the electrician and installer licensing and inspection fund, 5 from the board to the state fire marshal, and makes conforming 6 changes consistent with this transfer of authority. 7 -8- LSB 1367HV (2) 85 rn/rj 8/ 8