House Study Bill 659 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON BODEN) A BILL FOR An Act relating to the authority of counties and cities to 1 regulate the installation or use of battery-charged security 2 alarm systems on nonresidential properties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5630YC (3) 91 ms/js
H.F. _____ Section 1. Section 331.301, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 30. a. For purposes of this subsection, 3 “battery-charged security alarm system” means an outdoor alarm 4 system that does all of the following: 5 (1) Interfaces with an alarm system in a manner that 6 enables the outdoor alarm system to cause the connected alarm 7 system to transmit a signal intended to alert the business and 8 a monitoring station operator in response to a burglary or 9 attempted burglary. 10 (2) Is energized by a commercial storage battery not 11 exceeding twelve volts direct current and designed to 12 periodically deliver voltage impulses to the outdoor alarm 13 system. 14 (3) Includes a battery-charging device used exclusively to 15 charge the battery. 16 b. A county shall not consider a battery-charged security 17 alarm system to be a fence or to be subject to regulation by 18 fence codes, and shall not require a fence permit for the 19 installation or use of a battery-charged security alarm system 20 on property that is not used exclusively for residential 21 purposes. 22 c. A county shall not adopt, enforce, or apply any 23 ordinance, building code, zoning regulation, or other 24 requirement that prohibits or otherwise regulates the 25 installation or use of a battery-charged security alarm system 26 on nonresidential property, provided that the battery-charged 27 security alarm system complies with all of the following 28 requirements: 29 (1) The energizer is certified to meet the current 30 international electrotechnical commission standard 60335-2-76, 31 or a successor standard. 32 (2) The battery-charged security alarm system is located 33 behind a nonelectric perimeter fence or wall that is not less 34 than five feet in height. 35 -1- LSB 5630YC (3) 91 ms/js 1/ 5
H.F. _____ (3) The battery-charged security alarm system is the 1 greater of ten feet in height or two feet higher than the 2 nonelectric perimeter fence or wall. 3 (4) Warning signs, in capitalized type, reading “WARNING —— 4 ELECTRIC FENCE” or similar language, are posted at intervals 5 not greater than thirty feet along the fence. 6 d. This subsection does not apply to property used 7 exclusively for residential occupancy. 8 e. Notwithstanding paragraph “c” , a county may only require 9 an alarm system operator license or permit for battery-charged 10 security alarm systems in the same manner as is required for 11 any other security alarm systems. 12 f. Nothing in this section shall be construed to apply 13 to security alarm systems that do not meet the definition of 14 “battery-charged security alarm system” . 15 Sec. 2. Section 364.3, Code 2026, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 24. a. For purposes of this subsection, 18 “battery-charged security alarm system” means an outdoor alarm 19 system that does all of the following: 20 (1) Interfaces with an alarm system in a manner that 21 causes the connected outdoor alarm system to transmit a 22 signal intended to alert the business and a monitoring station 23 operator in response to a burglary or attempted burglary. 24 (2) Is energized by a commercial storage battery not 25 exceeding twelve volts direct current and designed to 26 periodically deliver voltage impulses to the outdoor alarm 27 system. 28 (3) Includes a battery-charging device used exclusively to 29 charge the battery. 30 b. A city shall not consider a battery-charged security 31 alarm system to be a fence or to be subject to regulation by 32 fence codes, and shall not require a fence permit for the 33 installation or use of a battery-charged security alarm system 34 on property that is not used exclusively for residential 35 -2- LSB 5630YC (3) 91 ms/js 2/ 5
H.F. _____ purposes. 1 c. A city shall not adopt, enforce, or apply any ordinance, 2 building code, zoning regulation, or other requirement that 3 prohibits or otherwise regulates the installation or use of 4 a battery-charged security alarm system on nonresidential 5 property, provided that the system complies with all of the 6 following requirements: 7 (1) The energizer is certified to meet the current 8 international electrotechnical commission standard 60335-2-76, 9 or a successor standard. 10 (2) The battery-charged security alarm system is located 11 behind a nonelectric perimeter fence or wall that is not less 12 than five feet in height. 13 (3) The battery-charged security alarm system is the 14 greater of ten feet in height or two feet higher than the 15 nonelectric perimeter fence or wall. 16 (4) Warning signs, in capitalized type, reading “WARNING —— 17 ELECTRIC FENCE” or substantially similar language are posted at 18 intervals not greater than thirty feet along the fence. 19 d. This subsection does not apply to property used 20 exclusively for residential purposes. 21 e. Notwithstanding paragraph “c” , a city may only require 22 an alarm system operator license or permit for battery-charged 23 security alarm systems in the same manner as is required for 24 any other security alarm systems. 25 f. Nothing in this section shall be construed to apply 26 to security alarm systems that do not meet the definition of 27 “battery-charged security alarm system” . 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 Under current law, Code sections 331.301 and 364.3 provide 32 limitations on the powers of counties and cities, respectively. 33 This bill amends those Code sections to limit a county’s 34 or city’s authority to regulate the use and installation 35 -3- LSB 5630YC (3) 91 ms/js 3/ 5
H.F. _____ of battery-charged security alarm systems under certain 1 circumstances. 2 The bill defines “battery-charged security alarm system” as 3 an outdoor alarm system that interfaces with an alarm system 4 in a manner that enables the outdoor alarm system to cause the 5 connected alarm system to transmit a signal intended to alert 6 the business and a monitoring station operator in response to a 7 burglary or attempted burglary, is energized by a commercial 8 storage battery not exceeding 12 volts direct current and 9 designed to periodically deliver voltage impulses to the 10 outdoor alarm system, and includes a battery-charging device 11 used exclusively to charge the battery. 12 The bill provides that a county or city shall not consider 13 a battery-charged security alarm system to be a fence or 14 to be subject to regulation by fence codes, and shall not 15 require a fence permit for the installation or use of a 16 battery-charged security alarm system on property that is not 17 used exclusively for residential purposes. The bill further 18 provides that a county or city shall not adopt, enforce, or 19 apply any ordinance, building code, zoning regulation, or 20 other requirement that prohibits or otherwise regulates the 21 installation or use of a battery-charged security alarm system 22 on nonresidential property, provided that the system complies 23 with all of the following requirements: (1) the energizer is 24 certified to meet the current international electrotechnical 25 commission standard 60335-2-76, or a successor standard; (2) 26 the battery-charged security alarm system is located behind 27 a nonelectric perimeter fence or wall that is not less than 28 5 feet in height; (3) the battery-charged security alarm 29 system is the greater of 10 feet in height or 2 feet higher 30 than the surrounding nonelectric perimeter fence or wall; and 31 (4) warning signs, in capitalized type, reading “WARNING —— 32 ELECTRIC FENCE” or substantially similar language are posted at 33 intervals not greater than 30 feet along the fence. 34 The bill does not apply to property used exclusively for 35 -4- LSB 5630YC (3) 91 ms/js 4/ 5
H.F. _____ residential purposes. 1 The bill specifies that a county or city may only require 2 an alarm system operator license or permit for battery-charged 3 security alarm systems in the same manner as is required for 4 any other security alarm systems. 5 The bill specifies that nothing in the bill shall be 6 construed to apply to security alarm systems that do not meet 7 the definition of “battery-charged security alarm system”. 8 -5- LSB 5630YC (3) 91 ms/js 5/ 5