ARC 3902C

ARC 3902C

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed Emergency After Notice

Rule making related to electrician and electrical contractor license requirements

The Electrical Examining Board hereby amends Chapter 502, "Electrician and Electrical Contractor Licensing Program—Licensing Requirements, Procedures, and Fees," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 103.6(1)"a."

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 105.18(3)"d."

Purpose and Summary

2015 Iowa Acts, House File 536, section 38, amended Iowa Code chapter 105, specifically, Iowa Code section 105.18(3)"d," relating to the license requirements for persons who work on air conditioning and refrigeration systems. The legislation clarified that a person who holds either a master or journeyperson mechanical license or a master or journeyperson HVAC-refrigeration license is exempted from having to obtain a special electrician's license pursuant to Iowa Code chapter 103 in order to perform the disconnection and reconnection of existing air conditioning and refrigeration systems. The amendment to Chapter 502 incorporates this statutory correction.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3656C. A public hearing was held on March 20, 2018, at 10 a.m.in the First Floor Public Conference Room 125, Oran Pape State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Reason for Waiver of Normal Effective Date

Pursuant to Iowa Code section 17A.5(2)"b"(1)(b), the Board finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on June 25, 2018, because the amended rule confers a benefit on persons who hold a master or journeyperson mechanical license by providing that they will not have to also obtain a special electrician's license and pay the related fee in order to perform the disconnection and reconnection of existing air conditioning and refrigeration systems.

Adoption of Rule Making

This rule making was adopted by the Electrical Examining Board on June 21, 2018.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to the provisions of rule 661—501.5(103).

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making became effective on June 25, 2018.

The following rule-making action is adopted:

Amend subrule 502.2(9) as follows:

502.2(9) A special electrician license may be issued to a person who submits to the board a completed application with the applicable fee, who is not disqualified from holding a license pursuant to rule 661—502.4(103), and who meets the qualifications for any endorsement entered on the license. Each special electrician license shall carry one or more endorsements as specified in paragraphs "a" through "d."

a. No change.

b. Endorsement 2, "Disconnecting and Reconnecting Existing Air Conditioning and Refrigeration Systems," shall be included on a special electrician license if the licensee requests it and has passed a supervised examination approved by the board or has completed two years of documented experience in the disconnecting and reconnecting of existing air conditioning and refrigeration systems.

Note: An individual who holds any of the following licenses issued by the plumbing and mechanical systems board established pursuant to Iowa Code section 105.3 is not required to hold a license issued by the electrical examining board in order to perform disconnection and reconnection of existing air conditioning and refrigeration systems:

1.Master HVAC refrigeration.

2.Journeyperson HVAC refrigeration.

3.Master refrigeration mechanical.

4.Journeyperson refrigeration mechanical.

c. and d. No change.

[Filed Emergency After Notice 6/23/18, effective 6/25/18]

[Published 7/18/18]

Editor's Note: For replacement pages for IAC, see IAC Supplement 7/18/18.