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House
File
2516
-
Introduced
HOUSE
FILE
2516
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
659)
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
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2516
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.
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(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
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2516
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
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2516
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
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2516
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
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5630HV
(1)
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ms/js
5/
5