ARC 6072C

ARC 6072C

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed Emergency After Notice

Rule making related to electrical installations

The Electrical Examining Board hereby amends Chapter 504, "Standards for Electrical Work," Iowa Administrative Code.

Legal Authority for Rule Making

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

State or Federal Law Implemented

This rule making implements, in whole or in part, 2021 Iowa Acts, House File 871.

Purpose and Summary

This rule making removes the January 1, 2022, expiration date in rule 661—504.1(103) and brings that rule into alignment with 2021 Iowa Acts, House File 871, section 25. This rule making provides consistency and predictability regarding the rules applicable to electrical installations in Iowa by clarifying that the amendments in rule 661—504.1(103) will remain in effect until the Board issues additional rule making in response to any changes to the National Electrical Code, 2020 edition.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 11, 2021, as ARC 5838C. An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on September 22, 2021, as ARC 5918C. A public hearing was held on October 21, 2021. 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 January 1, 2022, because the existing sunset provision expires on January 1, 2022, in contravention of 2021 Iowa Acts, House File 871, section 25. Bringing the rule into alignment with House File 871 before the provision expires provides a benefit to licensed electricians, home builders, and the general public by making clear what amendments are still in effect for 2022 with regard to the National Electrical Code.

Adoption of Rule Making

This rule making was adopted by the Board on November 15, 2021.

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 Department for a waiver of the discretionary provisions, if any, pursuant to the provisions of rule 661—10.222(17A).

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 will become effective on January 1, 2022.

The following rule-making action is adopted:

Amend rule 661—504.1(103), introductory paragraph, as follows:

661—504.1(103) Installation requirements. The provisions of the National Electrical Code, 2020 edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471, are adopted as the requirements for electrical installations performed by persons licensed pursuant to 661—Chapters 500 through 503 and to installations subject to inspection pursuant to Iowa Code chapter 103 with the following amendments, which shall expire on January 1, 2022. The following amendments are effective as of May 1, 2021, shall not expire, and shall remain in effect until, at minimum, the effective date of rules adopted by the board in regard to either (1) a subsequent edition of the National Electrical Code; or (2) subsequent amendments, issued and adopted by the National Fire Protection Association, to the National Electrical Code, 2020 edition:

[Filed Emergency After Notice 11/15/21, effective 1/1/22]

[Published 12/15/21]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/15/21.