Licensing of alarm system contractors and technicians, ch 277
ARC 7875C
PUBLIC SAFETY DEPARTMENT[661]
Adopted and Filed
Rulemaking related to licensing of alarm system contractors and technicians
The State Fire Marshal hereby rescinds Chapter 277, "Licensing of Alarm System Contractors and Tehcnicians," and adopts a new Chapter 277, "Licensing of Alarm System Contractors and Technicians," Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code section 100C.7.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 17A and 100C and section 272C.12.
Purpose and Summary
This rulemaking repromulgates Chapter 277 and implements Iowa Code section 100C.7 in accordance with the goals and directives of Executive Order 10 (January 10, 2023). The rules establish alarm system contractor and alarm system installer licenses pursuant to Iowa Code chapter 100C. The rules explain the requirements for an individual to qualify and be designated as a responsible managing employee by a contractor seeking to obtain a license. The rules explain the requirements and process for licensure as an alarm system contractor or an alarm system technician. The rules inform licensees and the public of the procedure for submitting complaints; the reasons for which a license may be denied, suspended or revoked; and the process by which the decision may be appealed.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 24, 2024, as ARC 7333C. Public hearings were held on February 13, 2024, and February 14, 2024, at 10 a.m.at 6200 Park Avenue, Des Moines, Iowa, and virtually. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Department of Inspections, Appeals, and Licensing on March 18, 2024.
Fiscal Impact
This rulemaking does not have a fiscal impact to the State of Iowa in an amount requiring a fiscal impact statement pursuant to Iowa Code section 17A.4(4).
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking will become effective on May 22, 2024.
The following rulemaking action is adopted:
Item 1. Rescind 661—Chapter 277 and adopt the following new chapter in lieu thereof:
CHAPTER 277
LICENSING OF ALARM SYSTEM CONTRACTORS AND TECHNICIANS
661—277.1(100C) Establishment of program. The alarm system contractor and alarm system technician license are established pursuant to Iowa Code chapter 100C.
277.1(1) Licensure required. No person shall act as an alarm system contractor without being currently licensed as an alarm system contractor by the department. No person shall act as an alarm system technician without being currently licensed by the department as an alarm system contractor or alarm system technician unless the person is engaged in the installation of alarm system components, is currently licensed pursuant to Iowa Code chapter 103, and is exempt from requirements for licensure by the department as an alarm system technician pursuant to Iowa Code chapter 103.
Exception: A person may pull cable for an alarm system under the direct supervision of a licensed contractor, licensed technician, or person licensed pursuant to Iowa Code chapter 103 who is working as a technician without licensing pursuant to Iowa Code chapter 103.
277.1(2) Endorsement.
a. The licensure of each contractor, technician, or technician trainee shall carry an endorsement for one or more of the following:
(1)Alarm system contractor.
1.Fire alarm system installation.
2.Nurse call system installation.
3.Security alarm system installation.
4.Alarm system maintenance inspection.
5.Dwelling unit alarm system installation.
(2)Alarm system technician.
1.Fire alarm system installation.
2.Nurse call system installation.
3.Security alarm system installation.
4.Alarm system component installation.
5.Alarm system maintenance inspection.
6.Dwelling unit alarm system installation.
(3)Alarm system technician trainee.
b. Any person acting as an alarm system contractor or technician, other than a person who is not required to be licensed for such work by the department, shall do so only in relation to systems covered by the endorsements on the contractor's or technician's license.
277.1(3) Length of licensure. Licensure is normally for three years and will expire on September 30 of the third year after the license has been issued. A license that is effective on a date other than October 1 will be effective on the date on which the license is issued and will expire on the next September 30, after two years have passed from the date on which the license was issued.
661—277.2(100C) Definitions. The following definitions apply:
"Alarm system" means the same as defined in Iowa Code section 100C.1(1).
"Alarm system components" means the portion of an alarm system installation limited to mounting alarm system raceways, boxes or system devices, and pulling of system cable, not including final termination at an alarm panel or final connection of the alarm system or alarm system testing.
"Alarm system contractor" or "contractor" means the same as defined in Iowa Code section 100C.1(2).
"Alarm system technician" or "technician" means a person who is engaged in the layout, installation, repair, alteration, addition, testing, or maintenance of alarm systems and who is licensed under the provisions of this chapter to perform work authorized by that license and any endorsement pertaining thereto. An alarm system technician shall be an employee of an alarm system contractor or, if employed by anyone other than an alarm system contractor, shall perform work requiring licensing as an alarm system technician only on property owned or occupied by such employer and may obtain a license if the employer is not a licensed contractor.
"Alarm system technician trainee" means a person who is engaged in the layout, installation, repair, alteration, addition, or maintenance of alarm systems under the direct supervision of a responsible managing employee or licensed alarm system technician.
"Alarm system maintenance inspection technician" means an employee of an alarm system contractor who is engaged in maintenance inspection of fire alarm, nurse call, or security alarm systems.
"Dwelling alarm system" means a system or portion of a combination system that consists of components and circuits hardwired or wireless arranged to monitor and annunciate the status of a fire alarm, nurse call or security alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals, installed in a single-family dwelling or a single dwelling unit of a multifamily residential building and not interconnected with another dwelling alarm system. A dwelling alarm system does not mean single-station or multiple-station alarms installed in dwelling units.
"Fire alarm system" means a system or portion of a combination system that consists of components and circuits hardwired or wireless arranged to monitor and annunciate the status of a fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals that serves the general fire alarm needs of a building or buildings and that provides fire department or occupant notification or both. A fire alarm system does not mean single-station or multiple-station alarms installed in dwelling units.
"Installation" means hanging electrical conduits, raceways or boxes; mounting system devices; pulling system cable; activating system-initiating devices and system control units or verifying system operations to meet specifications; and performing system acceptance testing.
"Layout" means drawings, calculations and component specifications to achieve the specified system design installation. "Layout" does not include design.
"Maintenance inspection" means the same as defined in Iowa Code section 100C.1(13).
"Nurse call system" means a nurse call system or portion of a combination system that consists of components and circuits hardwired or wireless arranged to monitor and annunciate the status of a nurse call system or supervisory signal-initiating devices and to initiate the appropriate response to those signals, installed in a facility required to be licensed or certified by the state pursuant to Iowa Code chapter 125, 135B, 135C, 135G, 135H, 135J, 231C, or 231D, or installed in a facility operating pursuant to Iowa Code chapter 218, 219, 223, 225, 233A, or 233B, to initiate response of on-site medical care providers.
"Responsible managing employee" means the same as defined in Iowa Code section 100C.1(14).
"Security alarm system" means a system or portion of a combination system that consists of components and circuits hardwired or wireless arranged to monitor and annunciate the status of a security alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals, installed in a building or facility to detect unauthorized entry into a building or portion of a building and to notify security personnel or building occupants or both.
661—277.3(100C) Responsible managing employee. Each alarm system contractor shall designate a responsible managing employee and may designate one or more alternate responsible managing employees. A contractor may designate more than one responsible managing employee in order to satisfy the requirements for more than one endorsement as provided in subrule 277.1(2). If more than one responsible managing employee is designated, the contractor will indicate for which responsible managing employee each designated alternate managing employee serves as an alternate.
277.3(1) The responsible managing employee or employees shall be designated in the application for licensure; and, if a responsible managing employee is no longer acting in that role, the contractor shall so notify the department, in writing, within 30 calendar days.
277.3(2) If a responsible managing employee is no longer acting in the role of responsible managing employee and the contractor has designated an alternate responsible managing employee, the alternate responsible managing employee will become the responsible managing employee and the contractor shall so notify the department, in writing, within 30 calendar days of the date on which the preceding responsible managing employee ceased to act in that role. If the contractor has designated more than one alternate responsible managing employee, the notice to the department will indicate which alternate responsible managing employee has assumed the position of responsible managing employee.
277.3(3) If a responsible managing employee designated by an alarm system contractor is no longer acting in the role of responsible managing employee and the contractor has not designated an alternate responsible managing employee, the contractor will designate a new responsible managing employee and shall notify the department, in writing, of the designation within six months of the date on which the former responsible managing employee ceased to act in that capacity. If the department has not been notified of the appointment of a new responsible managing employee within six months of the date on which a responsible managing employee ceased serving in that capacity, the department shall suspend the license of the alarm system contractor.
277.3(4) A responsible managing employee or an alternate responsible managing employee shall meet one of the requirements for the following endorsements:
a. Fire alarm system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the National Institute for Certification in Engineering Technologies (NICET) at level III or above in fire alarm systems, or
(3)Current certification by the Electronic Security Association (ESA) at level III in certified fire alarm designer (CFAD).
b. Nurse call system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by a nurse call system manufacturer, or
(3)Current certification by the NICET at level II or above in fire alarm systems, or
(4)Current certification by the ESA at level II in certified alarm technician (CAT).
c. Security alarm system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level II or above in fire alarm systems, or
(3)Current certification by the ESA at level II in CAT.
d. Alarm system maintenance inspection:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level II or above in fire alarm systems, or
(3)Current certification by the ESA at level II in CAT, or
(4)Current certification by the NICET level II or above in inspection and testing of fire alarm systems.
e. Dwelling unit alarm system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level I or above in fire alarm systems, or
(3)Current certification by the ESA at level I in CAT.
277.3(5) Training or testing approval. Satisfactory completion of an applicable training or testing program that has been approved by the department may replace any of the endorsement requirements of subrule 277.3(4). In any case in which training or testing that is offered to satisfy the requirements of this rule is required to be approved by the department, such approval is required prior to acceptance of the training or testing to meet licensing requirements. Approval by the department of any training or testing to meet these requirements may be sought by the individual, firm, or organization providing the testing or training or initiated by the department. Any individual, firm, or organization seeking to obtain such approval may apply to the department no later than July 1 every odd-numbered year. Program information and any other documentation requested by the department for consideration shall be submitted to the department. Training and testing approved by the department will be listed on the department's licensing website.
277.3(6) License applicability. Work performed by a contractor subject to these rules shall be limited to areas of competence indicated by the specific certification or certifications or other training requirements met by the responsible managing employee. Work performed in the state shall not begin prior to:
a. Receipt of a new or renewed license issued by the department to the applicant, or
b. Receipt of written approval to perform work prior to issuance of a new or renewed license from the department to the applicant.
277.3(7) Nothing in this rule shall be interpreted to conflict with or diminish any requirement for training or certification for anyone installing or servicing an alarm system set forth in any rule of the department or local fire ordinance or standard adopted by reference therein.
661—277.4(100C) Contractor licensing.
277.4(1) An alarm system contractor shall meet all of the following requirements in order to receive licensure from the department and will continue to meet all requirements throughout the period of licensure. The contractor shall notify the department, in writing, within 30 calendar days if the contractor fails to meet any requirement for licensure.
a. The contractor designates one or more responsible managing employees as provided in rule 661—277.3(100C).
b. The contractor maintains general and complete operations liability insurance for the layout, installation, repair, alteration, addition, maintenance, and inspection of automatic alarm systems in the following amounts: $500,000 per person, $1,000,000 per occurrence, and $1,000,000 property damage.
(1)The carrier of any insurance coverage maintained to meet this requirement shall notify the department 30 days prior to the effective date of cancellation or reduction of the coverage.
(2)The contractor shall cease operation immediately if the insurance coverage required by this subrule is no longer in force and other insurance coverage meeting the requirements of this subrule is not in force. A contractor shall not initiate any installation of an alarm system that cannot reasonably be expected to be completed prior to the effective date of the cancellation of the insurance coverage required by this subrule and of which the contractor has received notice, unless new insurance coverage meeting the requirements of this subrule has been obtained and will be in force upon cancellation of the prior coverage.
c. The contractor maintains its current registration as a contractor in accordance with Iowa Code chapter 91C and any rules promulgated thereunder, and provides a copy of the current registration certificate issued pursuant to Iowa Code chapter 91C to the department with the application.
Exception: If the contractor does not meet the definition of "contractor" for purposes of Iowa Code chapter 91C, such registration is not required. Written documentation of such exemption must be provided to the department upon application for licensure as an alarm system contractor.
d. The contractor maintains compliance with all other applicable provisions of law related to operation in the state of Iowa and of any political subdivision in which the contractor is performing work.
277.4(2) A license may be renewed only if the licensee has completed recertification of the applicable requirements relative to the endorsement for which the licensee is renewing.
277.4(3) An alarm system contractor license may be issued without examination to a person licensed in other jurisdictions if the conditions of Iowa Code section 272C.12 are met.
661—277.5(100C) Contractor application and fees.
277.5(1) Application. Any contractor seeking licensure as an alarm system contractor shall submit a completed application form to the department. The application shall be filed no later than 30 days prior to the date of beginning work in this state or the date on which an existing license expires. An application form may be obtained from the department or the department's website. The application form shall be submitted with all required attachments and the required application fee. An application will not be considered complete unless all required information is submitted, including required attachments and fees, and will not be processed until it is complete.
277.5(2) Licensure fee. The license fee for alarm system contractors will be $300 for two years. If an application for licensure provides for more than one responsible managing employee pursuant to rule 661—277.3(100C), there will be an additional fee of $50 for each responsible managing employee beyond the first. If an application for licensure provides for more than one endorsement as provided in subrule 277.1(2), there will be an additional fee of $50 for each endorsement beyond the first. The department will waive any fee charged to an applicant for a license if the applicant's household income does not exceed 200 percent of the federal poverty income guidelines and the applicant is applying for the license for the first time in this state.
277.5(3) Payment. The license fee may be submitted electronically or delivered by draft, check, or money order in the applicable amount payable to the department. Cash payments are not accepted.
277.5(4) Amended license.
a. The fee for issuance of an amended license is the difference between the original license fee paid and changes in endorsement(s) or responsible managing employee(s), if applicable. The fee shall be submitted with the request for an amended licensure.
b. A contractor will request and the department will issue an amended license for any of the following reasons, and a fee does not apply:
(1)A change in the designation of a responsible managing employee;
(2)A change in insurance coverage; or
(3)A change in any other material information included in or with the initial or renewal application. A change in the location of a business is a material change; however, no fee will be charged for the issuance of an amended license if the sole reason for amending the license is to reflect a change in location that was necessitated by disaster emergency conditions and the business was located in an area subject to a disaster emergency proclamation issued by the governor pursuant to Iowa Code section 29C.6.
c. Other changes in the information required in the application form, including renewal of insurance coverage with a new expiration date, shall be reported to the department but will not require issuance of an amended license or payment of the amended license fee.
277.5(5) Attachments. Required attachments to the application for licensure are outlined on the department's website.
277.5(6) National criminal history check. Each applicant for licensure as a contractor shall submit fingerprints and the applicable fee for a national criminal history check conducted by the Federal Bureau of Investigation at the time of application for a new or renewal license.
661—277.6(100C) Technician licensure requirements. An applicant for alarm system technician licensure shall meet all of the following requirements that are applicable to the endorsements for which the applicant is applying in order to receive licensure from the department, and continue to meet all such requirements throughout the period of licensure. The technician will notify the department, in writing, within 30 calendar days if the technician fails to meet any applicable requirement for licensure.
277.6(1) The alarm system technician shall meet one of the following criteria for the following endorsements:
a. Fire alarm system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the National Institute for Certification in Engineering Technologies (NICET) at level II or above in fire alarm systems, or
(3)Current certification by the Electronic Security Association (ESA) at level II in certified alarm technician (CAT), or
(4)Current certification by the Elite Continuing Education University (CEU) in fire alarm installation techniques (FAIT).
b. Nurse call system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by a nurse call system manufacturer, or
(3)Current certification by the NICET at level I or above in fire alarm systems, or
(4)Current certification by the ESA at level I in CAT, or
(5)Current licensure as a master electrician or journeyman electrician by the electrical examining board pursuant to Iowa Code chapter 103.
c. Security alarm system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level I or above in fire alarm systems, or
(3)Current certification by the ESA at level I in CAT, or
(4)Current certification by the CEU in advanced electronic intrusion technician (AEIT), or
(5)Current certification by the Complete Electrical Academy at level I in Electronic Security Technician.
d. Alarm system component installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level I or above in fire alarm systems, or
(3)Current certification by the ESA at level I in CAT, or
(4)Current licensure as a master electrician or journeyman electrician by the electrical examining board pursuant to Iowa Code chapter 103.
e. Alarm system maintenance inspection:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level I or above in fire alarm systems, or
(3)Current certification by the ESA at level I in CAT, or
(4)Current certification by the NICET at level I or above in inspection and testing of fire alarm systems, or
(5)Current certification by the Complete Electrical Academy at level I in electronic security technician.
f. Dwelling unit alarm system installation:
(1)Current licensure as a professional engineer by the Iowa engineering and land surveying examining board, with competence in alarm system design, or
(2)Current certification by the NICET at level I or above in fire alarm systems, or
(3)Current certification by the ESA at level I in CAT, or
(4)Current certification by the CEU in alarm level I, or
(5)Current certification by the Complete Electrical Academy at level I in electronic security technician.
g. Alarm system technician trainee: Submission of a completed application no later than the first day of employment. An alarm system technician trainee may perform work that requires licensure under this chapter only under the direct supervision of a licensed alarm system technician or responsible managing employee whose license contains one or more endorsements as provided in rules 661—277.3(100C) and 661—277.6(100C), respectively, and that work must be within the scope of work authorized by the endorsements held by the supervising alarm system technician or responsible managing employee.
277.6(2) The technician shall maintain compliance with all other applicable provisions of law related to operation in the state of Iowa and of any political subdivision in which the technician is performing work.
277.6(3) Satisfactory completion of an applicable training or testing program that has been approved by the department may replace any of the endorsement requirements of subrule 277.6(1). In any case in which training or testing that is offered to satisfy the requirements of this rule is required to be approved by the department, such approval is required prior to acceptance of the training or testing to meet licensure requirements. Approval by the department of any training or testing to meet these requirements may be sought by the individual, firm, or organization providing the testing or training or initiated by the department. Any individual, firm, or organization seeking to obtain such approval may apply to the department no later than July 1 every odd-numbered year. Program information and any other documentation requested by the department for consideration shall be submitted to the department. Training and testing approved by the department will be listed on the department's licensing website.
277.6(4) Work performed by a technician or trainee subject to these rules shall be limited to areas of competence indicated by the specific certification or certifications or other training requirements met by the technician and will be limited to areas of competence indicated by the specific certification or certifications or other training requirements met by the responsible managing employee of the technician's employer, unless the employer is not a licensed contractor as allowed by Iowa Code chapter 100C. Work performed in the state shall not begin prior to one of the following:
a. Receipt of a new or renewed license issued by the department to the applicant, or
b. Receipt of written approval to perform work prior to issuance of a new or renewed license from the department to the applicant.
277.6(5) Nothing in this rule shall be interpreted to conflict with or diminish any requirement for training or certification for anyone installing or servicing an alarm system set forth in any rule of the department or local fire ordinance or standard adopted by reference therein.
277.6(6) A license may be renewed only if the licensee has completed recertification of the applicable requirements relative to the endorsements for which the licensee is renewing.
277.6(7) An alarm system technician license may be issued without examination to a person licensed in other jurisdictions if the conditions of Iowa Code section 272C.12 are met.
661—277.7(100C) Technician application and fees.
277.7(1) Application. Any technician seeking licensure as an alarm system technician shall submit a completed application form to the department. The application shall be filed no later than 30 days prior to the date on which work begins in the state or on which an existing license expires, except that an application for endorsement as an alarm system technician trainee may be submitted no later than the first day of employment as an alarm system technician trainee. An application form may be obtained from the department or from the department's website. The application form shall be submitted with all required attachments and the application fee established in this rule. An application will not be considered complete unless all necessary information is submitted, including attachments and fees, and will not be processed until it is complete.
277.7(2) Licensure fee.
a. The license fee for an alarm system technician will be $150 for two years, except that the license fee for endorsement as an alarm system technician trainee will be $50 for one year. There will be an additional fee of $25 for each endorsement beyond the first.
b. The department will waive any fee charged to an applicant for a license if the applicant's household income does not exceed 200 percent of the federal poverty income guidelines and the applicant is applying for the license for the first time in this state.
277.7(3) Payment. The certification fee may be submitted electronically or delivered by draft, check, or money order in the applicable amount payable to the department. Cash payments are not accepted.
277.7(4) Amended license.
a. The fee for issuance of an amended license is the difference between the original license fee paid and changes in endorsement(s), if applicable. The fee shall be submitted with the request for an amended license.
b. A technician will request and the department will issue an amended license for a change in any material information included in or with the initial or renewal application. A licensee will request and the department will issue an amended license for any of the following reasons and a fee does not apply:
(1)A change in employer. A licensee may only transfer the licensee's technician license to another employer if the licensee paid the license fee at the time of original application. If the licensee's previous employer paid the license fee, the licensee must reapply for a new license under the new employer and pay the license fee.
(2)A change in any other material information included in or with the initial or renewal application. A change of address is a material change.
c. Other changes in the information required in the application form shall be reported to the department but will not require issuance of an amended license or payment of the amended license fee.
277.7(5) Attachments. Required attachments to the application for license are outlined on the department's website.
277.7(6) National criminal history check. Each applicant for licensure as a technician shall submit fingerprints and the applicable fee for a national criminal history check conducted by the Federal Bureau of Investigation at the time of application for a new or renewal license.
661—277.8(100C) Complaints. Complaints regarding the performance of any licensed contractor or technician, failure of a licensed contractor or technician to meet any of the requirements established in Iowa Code chapter 100C or this chapter or any other provision of law, or operation as an alarm system contractor or technician without licensure may be filed with the department. Complaints should be as specific as possible and clearly identify the contractor or technician against whom the complaint is filed. Complaints should be submitted in writing to the department. A complaint may be submitted anonymously, but if the name and contact information of the complainant are provided, the complainant may be notified of the disposition of the complaint.
661—277.9(100C) Denial, suspension, or revocation of licensure; civil penalties; and appeals. The department may deny, suspend, or revoke the license of a contractor or technician or may assess a civil penalty to the contractor, if any provision of these rules or any other provision of law related to operation as an alarm system contractor or technician is violated.
277.9(1) Denial. The department may deny an application for licensure:
a. If the applicant makes a false statement on the application form or in any other submission of information required for licensure. "False statement" means providing false information or failing to include material information, such as a previous criminal conviction or action taken by another jurisdiction, when requested on the application form or otherwise in the application process.
b. If the applicant fails to meet all of the requirements for licensure established in this chapter.
c. If the applicant is currently barred for cause from acting as an alarm system contractor or technician in another jurisdiction.
d. If an applicant has previously been barred for cause from operating in another jurisdiction as an alarm system contractor or technician and if the basis of that action reflects upon the integrity of the applicant in operating as an alarm system contractor or technician. If an applicant is found to have been previously barred for cause from operating as an alarm system contractor or technician in another jurisdiction and is no longer barred from doing so, the department will evaluate the record of that action with regard to the likelihood that the applicant would operate with integrity as a licensed contractor or technician. If an applicant is denied under this provision, the applicant will be notified of the specific reasons for the denial.
e. Conviction of a felony offense, if the offense directly relates to the profession or occupation of the licensee, in the courts of this state or another state, territory or country. "Conviction" as used in this subrule includes a conviction of an offense that if committed in this state would be a felony without regard to its designation elsewhere, and includes a finding or verdict of guilt made or returned in a criminal proceeding even if the adjudication of guilt is withheld or not entered. A certified copy of the final order or judgment of conviction or plea of guilty in this state or in another state constitutes conclusive evidence of the conviction. If an applicant is denied under this provision, the applicant will be notified of the specific reasons for the denial.
f. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the licensee's profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
g. Willful or repeated violations of the provisions of this chapter.
277.9(2) Suspension. A suspension of a license may be imposed by the department for any violation of these rules or Iowa Code chapter 100C or for a failure to meet any legal requirement to operate as an alarm system contractor or technician in this state. Failure to provide any notice to the department as provided in these rules will be grounds for suspension. An order of suspension will specify the length of the suspension and will specify that correction of all conditions that were a basis for the suspension is a condition of reinstatement of the license even after the period of the suspension.
277.9(3) Revocation. A revocation is a termination of a license. A license may be revoked by the department for repeated violations or for a violation that creates an imminent danger to the safety or health of individuals protected by an alarm system incorrectly installed by a certified contractor or technician or when information comes to the attention of the department which, if known to the department when the application was being considered, would have resulted in denial of the license. A new application for licensure from a contractor or technician whose license had previously been revoked will not be considered for a period of one year after the effective date of the revocation and, in any event, until every condition that was a basis for the revocation has been corrected. The department may specify in the revocation order a longer period than one year before a new application for licensure may be considered. When a new application for licensure from a contractor or technician whose license was previously revoked is being considered, the applicant may be denied licensure based upon the same information that was the basis for revocation even after any such period established by the department has expired.
277.9(4) Disqualifications for criminal convictions limited. A person's conviction of a crime may be grounds for the denial, revocation, or suspension of a license in circumstances authorized by Iowa Code section 272C.15.
277.9(5) Civil penalties. The department may impose a civil penalty of up to $500 per day during which a violation has occurred and for every day until the violation is corrected. A civil penalty may be imposed in lieu of or in addition to a suspension or may be imposed in addition to a revocation. A civil penalty will not be imposed in lieu of a revocation.
277.9(6) Appeals. Any person subject to denial, suspension, or revocation of a license, or any civil penalty imposed upon a licensed contractor or technician under this rule, may appeal by requesting a contested case hearing, in writing, within 14 days. An appeal of a civil penalty is subject to the provisions of 481—Chapters 9 and 10 governing contested cases.
These rules are intended to implement Iowa Code chapter 100C.
[Filed 3/27/24, effective 5/22/24]
[Published 4/17/24]
Editor's Note: For replacement pages for IAC, see IAC Supplement 4/17/24.
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View the Iowa Administrative Bulletin for 4/17/2024.
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Rule 661-277.1 Rule 661-277.1(2) Rule 661-277.2 Rule 661-277.3 Rule 661-277.3(4) Rule 661-277.4 Rule 661-277.5 Rule 661-277.6 Rule 661-277.6(1) Rule 661-277.7 Rule 661-277.8 Rule 661-277.9The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 100C Iowa Code 100C.1(1) Iowa Code 100C.1(13) Iowa Code 100C.1(14) Iowa Code 100C.1(2) Iowa Code 103 Iowa Code 125 Iowa Code 218 Iowa Code 219 Iowa Code 223 Iowa Code 225 Iowa Code 233A Iowa Code 233B Iowa Code 272C.12 Iowa Code 272C.15 Iowa Code 29C.6 Iowa Code 91CThe following keywords and tags were added to this document. You may click a keyword to view related notices.
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