ARC 8582C

ARC 8582C

Proposing rulemaking related to the electrical inspection program
and providing an opportunity for public comment

This rulemaking implements the aforementioned Iowa Code sections by establishing the Electrical Inspection Program, which enforces electrical installation requirements as set forth by the Electrical Examining Board. The rulemaking establishes the organization and hierarchy of the program and sets forth uniform qualifications of inspectors. The rulemaking also sets universal fees for services provided by the program.

●October 22, 2024

Nineteen members of the public attended the public hearing and/or provided written comments to the Department. A number of individuals provided comments supportive of the adoption of the 2023 National Electrical Code without amendment. Other commenters were supportive of the adoption of the 2023 NEC but with specified revisions.

A number of comments requesting revisions were centered around the adoption of articles 210.8(A), (D), and (F) regarding GFCI protections, as well as comments around article 210.52(C)(2). Regarding the proposed adoption of article 210.8(A), the rules have been revised to change references in the identified locations from “125 through 250-volt receptacles” to “125-volt, 15- and 20-ampere receptacles.” Regarding the proposed adoption of article 210.8(D), the rules have been revised to specifically exclude application to electric ranges, wall-mounted ovens, counter-mounted cooking units, and clothes dryers. Regarding the proposed adoption of article 210.8(F), that article has been excluded from the adoption in its entirety.

Several public comments were received requesting that article 210.52(C)(2) be modified to allow kitchen island receptacles to be installed anywhere in the kitchen island. Unlike past versions of the NEC, the 2023 NEC no longer requires receptacles to be installed; if receptacles are installed, the NEC no longer allows receptacles to be installed below the countertop. Generally, there are three options for kitchen island receptacles:

1.Do not install receptacle(s) (if this option is chosen then a provision needs to be added so receptacle(s) could be added in the future);

2.Install receptacle(s) in a back splash, or

3.Install receptacle(s) in the countertop.

One commenter also provided feedback as to the structure of the rules related to permitting and inspections, including requesting clarification as to the process and timing for applications for permit and inspection and exceptions thereto. The proposed rules thus include a number of nonsubstantive, but clarifying, revisions that more closely align language used in the rules to statutory language and that better describe the timing and processes for applications for permit and inspection. The rules also substantively delete the option of an annual permit since the annual permit option and fee have not historically been utilized by industry and appear to introduce confusion.

The Department received questions from the public regarding the effective date of this adoption. Although an effective date will not be established until the Board formally adopts this rulemaking, the Board anticipates that rules will be adopted with an effective date of July 1, 2025.

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

ITEM 1.Rescind and reserve 661—Chapter 504.

ITEM 2.Rescind 661—Chapter 550 and adopt the following new chapter in lieu thereof:

CHAPTER 550

ELECTRICAL INSPECTION PROGRAM

661—550.1(103) Electrical inspection program. The electrical inspection program is created within the department of inspections, appeals, and licensing and may be contacted as provided in 481—Chapter 1 and on the department’s website: dial.iowa.gov. The program is under the supervision of the director, is headed by a chief electrical inspector, and enforces requirements for electrical installations adopted by the electrical examining board.

661—550.2(103) Definitions. The definitions set forth in Iowa Code sections 103.1 and 103.1A are incorporated herein by reference.The following definitions also apply:

“Emergency installation” means an electrical installation necessary to restore power to a building or facility when existing equipment has been damaged due to a natural or manmade disaster or other weather-related cause. Emergency installations may be performed by persons properly licensed to perform the work and may be performed prior to submission of a request for permit or request for inspection.

“Residential electrical work” means electrical work in a residence in which there are no more than four living units within the same building and includes work to connect and work within accessory structures, which are structures no greater than 3,000 square feet in floor area, not more than two stories in height, the use of which is incidental to the use of the dwelling unit or units, and located on the same lot as the dwelling unit or units.

“Volunteer emergency service provider” means a volunteer fire fighter as defined in Iowa Code section 85.61, a volunteer emergency rescue technician as defined in Iowa Code section 147A.1 or a reserve peace officer as defined in Iowa Code section 85.61.

661—550.3(103) Installation requirements. The provisions of the National Electrical Code, 2023 edition, published by the National Fire Protection Association, are incorporated herein by reference as the requirements for electrical installations performed by persons subject to licensing and inspection pursuant to Iowa Code chapter 103 and rules promulgated thereunder, with the following amendments:

550.3(1) Delete article 210.8(A), “Dwelling Units,” and insert in lieu thereof the following new section:

“210.8(A) Dwelling Units.

All 125-volt, 15- and 20-ampere receptacles installed in the following locations and supplied by single-phase branch circuits rated 150 volts or less to ground shall have ground-fault circuit-interrupter protection for personnel:

(1)Bathrooms

(2)Garages and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use

(3)Outdoors

(4)Crawl spaces – at or below grade level

(5)Basements

(6)Kitchens

(7)Areas with sinks and permanent provisions for food preparation, beverage preparation, or cooking

(8)Sinks – where receptacles are installed within 1.8 m (6 ft) from the top inside edge of the bowl of the sink

(9)Boathouses

(10)Bathtubs or shower stalls – where receptacles are installed within 1.8 m (6 ft) of the outside edge of the bathtub or shower stall

(11)Laundry areas

(12)Indoor damp and wet locations.”

550.3(2) Delete article 210.8(D), “Specific Appliances,” and insert in lieu thereof the following new section:

“210.8(D) Specific Appliances.

GFCI protection shall be provided for the branch circuit or outlet supplying the following appliances rated 150 volts or less to ground and 60 amperes or less, single- or 3-phase:

(1)Automotive vacuum machines

(2)Drinking water coolers and bottle fill stations

(3)High-pressure spray washing machines

(4)Tire inflation machines

(5)Vending machines

(6)Sump pumps

(7)Dishwashers

(8)Microwave ovens.”

550.3(3) Delete article 210.8(F), “Outdoor Outlets.”

661—550.4(103) Qualifications of inspectors.

550.4(1) State inspectors. Electrical inspectors will be certified as commercial and residential electrical inspectors no later than one year after starting employment in any of these positions. Certification will be obtained from the International Association of Electrical Inspectors as both a certified residential electrical inspector and as a certified master electrical inspector; from the National Fire Protection Association as a certified electrical inspector; or from the International Code Council as both a residential electrical inspector (E1) and a commercial electrical inspector (E2), or as an electrical inspector (E5).

550.4(2) Political subdivision inspectors. A political subdivision that performs its own inspections as provided in Iowa Code section 103.24 must require certification of its inspectors. A person employed or appointed as an electrical inspector must obtain certification within one year of the appointment date. The board may act to enforce statutory compliance by the individual or by the political subdivision if a person employed or appointed as an inspector fails to obtain certification within one year of employment or appointment or fails to maintain the required certification while employed as an inspector. Certification of electrical inspectors for political subdivisions shall be obtained as set forth in subrule 550.4(1), except that a political subdivision has the authority to limit an inspector’s duties to only residential inspections or only commercial inspections provided the inspector assigned to those duties obtains and maintains the proper certification to conduct the inspections assigned.

661—550.5(103) Required permits and inspections. Permits and inspections are required for electrical installations as set forth in Iowa Code section 103.23, with the following exceptions:

550.5(1) Exception 1: Installations in political subdivisions that perform electrical inspections and that are inspected by the political subdivision are not required to be inspected by the state electrical inspection program. Any installation that is subject to inspection and is on property owned by the state or an agency of the state shall be inspected by the state electrical inspection program. An electrical installation on a farm that is located outside the corporate limits of any municipal corporation (city) shall not be inspected by a political subdivision.

550.5(2) Exception 2: Neither a permit nor an inspection is required for an electrical installation that meets all of the following criteria:

a.The installation is legally performed by a master electrician, journeyman electrician, or apprentice electrician working under the direct supervision of a master or journeyman electrician.

b.The installation to be performed does not in any way involve work within an existing or new switchboard or panel board.

c.The installation to be performed does not involve over-current protection of more than 30 amperes.

d.The installation to be performed does not involve any electrical-line-to-ground circuit of more than 277 volts, single phase.

550.5(3) Exception 3: Neither a permit nor an inspection is required for any electrical installation on a farm or a farm building if the farm building is not regularly open to the public as a place of business for the retail sale of goods, wares, services, or merchandise. This exception does not apply to a residential installation located on a farm.

NOTE: Iowa Code sections 103.22 and 103.30(1) provide separately for the inapplicability of Iowa Code chapter 103 to particular persons and circumstances.

661—550.6(103) Requests for permit and inspection.

550.6(1) Prior to commencement of any electrical installation requiring an inspection, the licensee or property owner making such installation shall notify the electrical inspection program of the installation by applying for a permit unless the installation is an emergency installation. For emergency installations that would otherwise require a request for permit and inspection under rule 661—550.6(103), the request shall be made as soon as practicable and no later than 72 hours after the installation is completed. A permit may be obtained as follows:

a.By completing and electronically submitting the online application and inspection fees through the department’s website.

b.By completing the Electrical Permit Manual Application and mailing it and the inspection fees to the department at least seven days prior to the commencement of the installation. The Electrical Permit Manual Application may be obtained through the department’s website or upon request to the department.

550.6(2) Upon completion of the electrical installation, the licensee or property owner shall notify the electrical inspection program to schedule an inspection in the same manner as described in paragraph 550.6(1)“a” or “b.”

661—550.7(103) Fees.

550.7(1) Fees are adopted in the amounts set forth in Iowa Code section 103.32.

550.7(2) Inspection fees will normally be paid at the time a permit is obtained. However, additional fees may apply if a permit is modified by an inspector, based upon inspection of the electrical installation. The person who obtained the original permit will be notified immediately by the inspector of the modification and of the amount of any additional fees due. Any additional fees will be due at the time the person responsible for payment receives notification of modification of the permit.

a.If an additional fee or portion of the fee is more than 60 days past due, the board or its delegee will notify the person responsible for payment of the fee of the necessity of promptly making the payment.

b.If an additional fee or portion of the fee is more than 120 days past due, the board or its delegee may suspend the ability of the person responsible for the payment to obtain inspection permits. The person’s ability to obtain permits will be restored when payment of the past due amount has been received. Suspension of a person’s ability to obtain permits may be appealed to the board as provided in rule 661—503.4(103).

c.If payment of a fee or portion of a fee is more than 180 days past due, the board may refer the debt for collection pursuant to Iowa Code chapter 272D.

550.7(3) When an installation has been commenced without completing the online application or Electrical Permit Manual Application as described in subrule 550.6(1), twice the fees that would have been applicable if a timely request had been filed shall be paid.

661—550.8(103) Scheduling of inspections. Pursuant to Iowa Code section 103.31, electrical inspections will be scheduledwithin three business days of the receipt of the request. If an inspection for which a timely request has been made is not completed within three business days of the completion of the installation, a licensee who completed the installation may energize any new circuits included in the installation, although the installation remains subject to condemnation and disconnection if found to be out of compliance with any applicable provision of rule 661—550.3(103) when inspected.

661—550.9(103) Report of inspection. After the completion of an inspection, the inspector will issue an inspection report indicating the results of the inspection and provide any necessary notice to the utility providing electrical service pursuant to Iowa Code section 103.28. The results of the inspection may be any of the following:

550.9(1) Approval. If the inspector finds that the installation is in compliance with applicable requirements, the inspector will issue a report indicating that the installation is approved.

550.9(2) Order of correction. If the inspector finds that the installation is not in compliance with applicable requirements but does not present an imminent threat to the health or safety of any person, the inspector will issue an order of correction, prescribing a time frame during which corrective action shall be taken by the licensee responsible for the installation to bring the installation fully into compliance.

550.9(3) Order of disconnection. If the inspector finds that the installation is not in compliance with applicable requirements and presents an imminent threat to the health or safety of any person, the inspector will issue an order of disconnection, requiring that the installation be disconnected until corrective action has brought the installation into full compliance with applicable requirements. The installation shall not be reconnected until the corrected installation has been approved by an inspector as in compliance with all applicable requirements. The inspector issuing an order of disconnection will notify the utility providing electrical service to the location of the order and will notify the utility when the order of disconnection is no longer effective.

661—550.10(103) Appeals. An order of correction or an order of disconnection may be appealed. However, an order of disconnection shall be complied with immediately and the installation not reconnected pending the outcome of the appeal.

550.10(1) A person who has received an order of correction or disconnection may request an informal appeal to the chief electrical inspector within 14 days of receiving the order by contacting the electrical inspection section by telephone, email or mail. The informal appeal may be heard in any manner agreed to by the person filing the appeal and the chief electrical inspector. If the order is upheld by the chief electrical inspector, the person receiving the order may file a formal appeal pursuant to 661—subrule 552.5(2).

550.10(2) A person who has received an order of correction or disconnection may file a request for a formal appeal to the board within 30 days of receiving the order or, if the person has filed a request for an informal appeal, within 30 days of having been notified that the chief electrical inspector has upheld the order. Formal appeals will be processed as provided in 481—Chapter 506, except that “electrical examining board” is substituted therein as appropriate.

661—550.11(103) Civil penalty. Any person who commences an electrical installation subject to inspection pursuant to Iowa Code chapter 103 and who fails to file a Request for Permit and Inspection form within 14 days of notification as prescribed by Iowa Code section 103.25 may be subject to a civil penalty. The amount of the civil penalty will not exceed $750 as determined by the board.Notice will be provided by certified mail to any person on whom a civil penalty is imposed.

661—550.12(103) Civil penalty—appeal. Any person on whom a civil penalty has been imposed may appeal the imposition of the civil penalty to the board within 14 days of the date on which notice of the civil penalty was mailed by notifying the board in writing that the person wishes to appeal the civil penalty. An appeal of a civil penalty is to be subject to the provisions of 481—Chapter 506, which apply to contested cases, except that “electrical examining board” is substituted therein as appropriate.

These rules are intended to implement Iowa Code chapter 103.

ITEM 3.Rescind and reserve 661—Chapter 551.

ITEM 4.Rescind and reserve 661—Chapter 552.

ITEM 5.Rescind and reserve 661—Chapter 553.

ITEM 6.Rescind and reserve 661—Chapter 559.