HF 2516 (LSB 5630HV (1) 91)

HOUSE FILE 2516

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HSB 659)

A BILL FOR

An Act relating to the authority of counties and cities to regulate the installation or use of battery-charged security alarm systems on nonresidential properties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.301, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  30.  a.  For purposes of this subsection, “battery-charged security alarm system” means an outdoor alarm system that does all of the following:
   (1)  Interfaces with an alarm system in a manner that enables the outdoor alarm system to cause the connected alarm system to transmit a signal intended to alert the business and a monitoring station operator in response to a burglary or attempted burglary.
   (2)  Is energized by a commercial storage battery not exceeding twelve volts direct current and designed to periodically deliver voltage impulses to the outdoor alarm system.
   (3)  Includes a battery-charging device used exclusively to charge the battery.
   b.  A county shall not consider a battery-charged security alarm system to be a fence or to be subject to regulation by fence codes, and shall not require a fence permit for the installation or use of a battery-charged security alarm system on property that is not used exclusively for residential purposes.
   c.  A county shall not adopt, enforce, or apply any ordinance, building code, zoning regulation, or other requirement that prohibits or otherwise regulates the installation or use of a battery-charged security alarm system on nonresidential property, provided that the battery-charged security alarm system complies with all of the following requirements:
   (1)  The energizer is certified to meet the current international electrotechnical commission standard 60335-2-76, or a successor standard.
   (2)  The battery-charged security alarm system is located behind a nonelectric perimeter fence or wall that is not less than five feet in height.
   (3)  The battery-charged security alarm system is the greater of ten feet in height or two feet higher than the nonelectric perimeter fence or wall.
   (4)  Warning signs, in capitalized type, reading “WARNING —— ELECTRIC FENCE” or similar language, are posted at intervals not greater than thirty feet along the fence.
   d.  This subsection does not apply to property used exclusively for residential occupancy.
   e.  Notwithstanding paragraph “c”, a county may only require an alarm system operator license or permit for battery-charged security alarm systems in the same manner as is required for any other security alarm systems.
   f.  Nothing in this section shall be construed to apply to security alarm systems that do not meet the definition of “battery-charged security alarm system”.
    Sec. 2.  Section 364.3, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  24.  a.  For purposes of this subsection, “battery-charged security alarm system” means an outdoor alarm system that does all of the following:
   (1)  Interfaces with an alarm system in a manner that causes the connected outdoor alarm system to transmit a signal intended to alert the business and a monitoring station operator in response to a burglary or attempted burglary.
   (2)  Is energized by a commercial storage battery not exceeding twelve volts direct current and designed to periodically deliver voltage impulses to the outdoor alarm system.
   (3)  Includes a battery-charging device used exclusively to charge the battery.
   b.  A city shall not consider a battery-charged security alarm system to be a fence or to be subject to regulation by fence codes, and shall not require a fence permit for the installation or use of a battery-charged security alarm system on property that is not used exclusively for residential purposes.
   c.  A city shall not adopt, enforce, or apply any ordinance, building code, zoning regulation, or other requirement that prohibits or otherwise regulates the installation or use of a battery-charged security alarm system on nonresidential property, provided that the system complies with all of the following requirements:
   (1)  The energizer is certified to meet the current international electrotechnical commission standard 60335-2-76, or a successor standard.
   (2)  The battery-charged security alarm system is located behind a nonelectric perimeter fence or wall that is not less than five feet in height.
   (3)  The battery-charged security alarm system is the greater of ten feet in height or two feet higher than the nonelectric perimeter fence or wall.
   (4)  Warning signs, in capitalized type, reading “WARNING —— ELECTRIC FENCE” or substantially similar language are posted at intervals not greater than thirty feet along the fence.
   d.  This subsection does not apply to property used exclusively for residential purposes.
   e.  Notwithstanding paragraph “c”, a city may only require an alarm system operator license or permit for battery-charged security alarm systems in the same manner as is required for any other security alarm systems.
   f.  Nothing in this section shall be construed to apply to security alarm systems that do not meet the definition of “battery-charged security alarm system”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code sections 331.301 and 364.3 provide limitations on the powers of counties and cities, respectively. This bill amends those Code sections to limit a county’s or city’s authority to regulate the use and installation of battery-charged security alarm systems under certain circumstances.
   The bill defines “battery-charged security alarm system” as an outdoor alarm system that interfaces with an alarm system in a manner that enables the outdoor alarm system to cause the connected alarm system to transmit a signal intended to alert the business and a monitoring station operator in response to a burglary or attempted burglary, is energized by a commercial storage battery not exceeding 12 volts direct current and designed to periodically deliver voltage impulses to the outdoor alarm system, and includes a battery-charging device used exclusively to charge the battery.
   The bill provides that a county or city shall not consider a battery-charged security alarm system to be a fence or to be subject to regulation by fence codes, and shall not require a fence permit for the installation or use of a battery-charged security alarm system on property that is not used exclusively for residential purposes. The bill further provides that a county or city shall not adopt, enforce, or apply any ordinance, building code, zoning regulation, or other requirement that prohibits or otherwise regulates the installation or use of a battery-charged security alarm system on nonresidential property, provided that the system complies with all of the following requirements: (1) the energizer is certified to meet the current international electrotechnical commission standard 60335-2-76, or a successor standard; (2) the battery-charged security alarm system is located behind a nonelectric perimeter fence or wall that is not less than 5 feet in height; (3) the battery-charged security alarm system is the greater of 10 feet in height or 2 feet higher than the surrounding nonelectric perimeter fence or wall; and (4) warning signs, in capitalized type, reading “WARNING —— ELECTRIC FENCE” or substantially similar language are posted at intervals not greater than 30 feet along the fence.
   The bill does not apply to property used exclusively for residential purposes.
   The bill specifies that a county or city may only require an alarm system operator license or permit for battery-charged security alarm systems in the same manner as is required for any other security alarm systems.
   The bill specifies that nothing in the bill shall be construed to apply to security alarm systems that do not meet the definition of “battery-charged security alarm system”.