SF 2283 (LSB 5671XS (4) 83)

SENATE FILE 2283

BY  JOCHUM

A BILL FOR

An Act providing for the licensure of persons who install and maintain solar thermal systems and solar photovoltaic panels and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 105.1, Code Supplement 2009, is amended to read as follows:
   105.1  Title.

   This chapter may be known and cited as the “Iowa Plumber, Mechanical, Solar Professional, and Contractor Licensing Act”.
    Sec. 2.  Section 105.2, Code Supplement 2009, is amended by adding the following new subsections:
   NEW SUBSECTION.  18.  “Solar professional” means a person whose services consist of the installation, alteration, repair, maintenance, relocation, or replacement of a solar system.
   NEW SUBSECTION.  19.  “Solar system” means panels for portable solar heating systems and photovoltaic systems and any appurtenances, apparatus, or equipment used in connection with those systems.
    Sec. 3.  Section 105.3, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  A plumbing, and mechanical, and solar systems board is created within the Iowa department of public health.
    Sec. 4.  Section 105.3, subsection 2, paragraphs a and b, Code Supplement 2009, are amended to read as follows:
   a.  The board shall be comprised of eleven twelve members, appointed by the governor, as follows:
   (1)  The director of public health or the director’s designee.
   (2)  The commissioner of public safety or the commissioner’s designee.
   (3)  One plumbing inspector.
   (4)  One mechanical inspector.
   (5)  A contractor who primarily works in rural areas.
   (6)  An individual licensed as a journeyperson plumber pursuant to the provisions of this chapter or, for the initial membership of the board, an individual eligible for such licensure.
   (7)  An individual working as a plumbing contractor and licensed as a master plumber pursuant to the provisions of this chapter or, for the initial membership of the board, an individual eligible for such licensure.
   (8)  Two individuals licensed as journeyperson mechanical professionals pursuant to the provisions of this chapter or, for the initial membership of the board, two individuals eligible for such licensure.
   (9)  Two individuals licensed as master mechanical professionals pursuant to the provisions of this chapter or, for the initial membership of the board, two individuals eligible for such licensure. One of these individuals shall be a mechanical systems contractor.
   (10)  An individual licensed as a solar professional pursuant to the provisions of this chapter or, for the initial appointment, an individual eligible for such licensure.
   b.  The board members enumerated in paragraph a “a”, subparagraphs (3) through (9) (10), are subject to confirmation by the senate.
    Sec. 5.  Section 105.3, subsection 7, Code Supplement 2009, is amended to read as follows:
   7.  The board may maintain a membership in any national organization of state boards for the professions of plumbing, HVAC, refrigeration, or hydronic, or solar professionals, with all membership fees to be paid from funds appropriated to the board.
    Sec. 6.  Section 105.10, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  Except as provided in section 105.11, a person shall not operate as a contractor or install or repair plumbing, HVAC, refrigeration, or hydronic, or solar systems without obtaining a license issued by the board, or install or repair medical gas piping systems without obtaining a valid certification approved by the board.
    Sec. 7.  Section 105.11, subsections 7 and 10, Code Supplement 2009, are amended to read as follows:
   7.  Require a helper engaged in general manual labor activities while providing assistance to an apprentice, journeyperson, or master to obtain a plumbing, HVAC, refrigeration, or hydronic, or solar license. Experience as a helper shall not be considered as practical experience for a journeyperson license.
   10.  Apply to the employees of manufacturers, manufacturer representatives, or wholesale suppliers who provide consultation or develop plans concerning plumbing, HVAC, refrigeration, or hydronic, or solar work, or who assist a person licensed under this chapter in the installation of mechanical, solar, or plumbing systems.
    Sec. 8.  Section 105.12, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  A contracting, plumbing, HVAC, refrigeration, or hydronic, or solar license shall be in the form of a certificate under the seal of the department, signed by the director of public health, and shall be issued in the name of the board. The license number shall be noted on the face of the license.
    Sec. 9.  Section 105.15, Code Supplement 2009, is amended to read as follows:
   105.15  Registry of licenses.

   The name, location, license number, and date of issuance of the license of each person to whom a license has been issued shall be entered in a registry kept in the office of the department to be known as the plumbing, HVAC, refrigeration, or hydronic, or solar registry. The registry may be electronic and shall be open to public inspection; however, the licensee’s home address, home telephone number, and other personal information as determined by rule shall be confidential.
    Sec. 10.  Section 105.16, Code Supplement 2009, is amended to read as follows:
   105.16  Change of residence.

   If a person licensed to practice as a contractor or a plumbing, HVAC, refrigeration, or hydronic, or solar professional under this chapter changes the person’s residence or place of practice, the person shall so notify the board.
    Sec. 11.  Section 105.17, subsection 1, unnumbered paragraph 1, Code Supplement 2009, is amended to read as follows:
   The provisions of this chapter regarding the licensing of plumbing, HVAC, refrigeration, and hydronic, and solar professionals and contractors shall supersede and preempt all plumbing, HVAC, refrigeration, hydronic, solar, and contracting licensing provisions of all governmental subdivisions.
    Sec. 12.  Section 105.18, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Solar professional and contractor licenses.  The board shall issue separate licenses for solar professionals and for contractors as follows:
   a.  Solar professional. In order to be licensed by the board as a solar professional, a person shall do all of the following:
   (1)  File an application and pay application fees as established by the board, which application shall establish that the person meets the minimum educational and experience requirements adopted by the board in rule.
   (2)  Pass a licensing examination.
   b.  Contractor license. In order to be licensed by the board as a contractor, a person shall do all of the following:
   (1)  File an application and pay application fees as established by the board, which application shall provide the person’s state contractor registration number and establish that the person meets the minimum requirements adopted by the board.
   (2)  Maintain a permanent place of business.
   (3)  Hold a solar professional license or employ at least one person holding a solar professional license under this chapter.
    Sec. 13.  Section 105.18, subsection 3, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  Special, restricted license. The board may by rule provide for the issuance of special plumbing, and mechanical, and solar professional licenses authorizing the licensee to engage in a limited class or classes of plumbing, or mechanical, or solar professional work, which class or classes shall be specified on the license. Each licensee shall have experience, acceptable to the board, in each such limited class for which the person is licensed. The board shall designate each special, restricted license to be a sublicense of either a plumbing, HVAC, refrigeration, or hydronic, or solar license. An individual holding a master or journeyperson, plumbing, HVAC, refrigeration, or hydronic license shall not be required to obtain any special, restricted license which is a sublicense of the license that the individual holds. Special plumbing and mechanical professional licenses shall be issued to employees of a rate-regulated gas or electric public utility who conduct the repair of appliances. “Repair of appliances” means the repair or replacement of mechanical connections between the appliance shutoff valve and the appliance and repair of or replacement of parts to the appliance. Such special, restricted license shall require certification pursuant to industry-accredited certification standards.
    Sec. 14.  Section 105.19, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  If the applicant is engaged in plumbing, HVAC, refrigeration, or hydronic work individually through a business conducted as a sole proprietorship, the applicant shall personally obtain the insurance and surety bond required by this section. If the applicant is engaged in the plumbing, HVAC, refrigeration, or hydronic, or solar business as an employee or owner of a legal entity, then the insurance and surety bond required by this section shall be obtained by the entity and shall cover all plumbing or mechanical, or solar work performed by the entity.
    Sec. 15.  Section 105.21, Code Supplement 2009, is amended to read as follows:
   105.21  Reciprocal licenses.

   The board may license without examination a nonresident applicant who is licensed under plumbing, HVAC, refrigeration, or hydronic, or solar professional licensing statutes of another state having similar licensing requirements as those set forth in this chapter and the rules adopted under this chapter if the other state grants the same reciprocal licensing privileges to residents of Iowa who have obtained Iowa plumbing, or mechanical, or solar professional licenses under this chapter. The board shall adopt the necessary rules, not inconsistent with the law, for carrying out the reciprocal relations with other states which are authorized by this chapter.
    Sec. 16.  Section 105.22, unnumbered paragraph 1, Code Supplement 2009, is amended to read as follows:
   A license to practice as a contractor or as a plumbing, HVAC, refrigeration, or hydronic, or solar professional may be revoked or suspended, or an application for licensure may be denied pursuant to procedures established pursuant to chapter 272C by the board, or the licensee may be otherwise disciplined in accordance with that chapter, when the licensee commits any of the following acts or offenses:
    Sec. 17.  Section 105.22, subsection 8, Code Supplement 2009, is amended to read as follows:
   8.  Aiding and abetting a person who is not licensed pursuant to this chapter in that person’s pursuit of an unauthorized and unlicensed plumbing, HVAC, refrigeration, or hydronic, or solar professional practice.
    Sec. 18.  Section 105.25, subsections 1 and 3, Code Supplement 2009, are amended to read as follows:
   1.  Only a person who is duly licensed pursuant to this chapter may advertise the fact that the person is licensed as a contractor or as a plumbing, HVAC, refrigeration, solar, or hydronic professional by the state of Iowa.
   3.  A person who fraudulently claims to be a licensed contractor or a licensed plumbing, HVAC, refrigeration, solar, or hydronic professional pursuant to this chapter, either in writing, cards, signs, circulars, advertisements, or other communications, is guilty of a simple misdemeanor.
    Sec. 19.  Section 272C.1, subsection 6, paragraph ae, Code Supplement 2009, is amended to read as follows:
   ae.  The plumbing, and mechanical, and solar systems board, created pursuant to chapter 105.
EXPLANATION
   Iowa law (Code chapter 105) currently licenses persons who design, install, and repair the HVAC, refrigeration, or hydronic systems, or serve as contractors of such systems. Licenses are available either individually or in combination. The profession is regulated by a licensing board under the aegis of the department of public health.
   This bill adds licenses for solar professionals and contractors to Code chapter 105. A solar professional is a person who installs, alters, repairs, maintains, relocates, or replaces a solar heating or photovoltaic system and any apparatus or equipment used in connection with the system. The bill adds to the membership of the licensing board one person who is a solar professional.
   Unlike plumbing, HVAC, refrigeration, and hydronic licenses, licensure as a solar professional is not broken into apprentice, journeyperson, or master categories. Licensure as a solar professional requires that the applicant:
   1)  Pay application fees as established by the board.
   2)  Meet the minimum educational and experience requirements adopted by the board in rule.
   3)  Pass a licensing examination.
   Licensure as a solar contractor requires that the applicant:
   1)  Pay application fees as established by the board.
   2)  Provide the applicant’s state contractor registration number and meet the minimum requirements adopted by the board.
   3)  Maintain a permanent place of business.
   4)  Hold a solar professional license or employ at least one person holding a solar professional license under Code chapter 105.
   In keeping with the current licensing scheme, solar professional and contractor licenses may be obtained individually or in combination with HVAC, refrigeration, or hydronic systems licenses.
   Currently, a violation of Code chapter 105 is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or both. In addition, the board may impose a civil penalty not to exceed $5,000 per offense for certain violations of Code chapter 105.