HF 260 (LSB 1333YH (9) 85)

HOUSE FILE 260

BY  PETTENGILL

A BILL FOR

An Act relating to the authority of the plumbing and mechanical systems board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 105.2, subsections 14 and 17, Code 2013, are amended to read as follows:
   14.  “Medical gas system installer” means any person who installs or repairs medical gas piping, components, and vacuum systems, including brazers, who has been issued a valid certification from the national inspection testing certification (NITC) corporation, or an equivalent authority approved by the board
 
department.
   17.  “Routine maintenance” means the maintenance, repair, or replacement of existing fixtures or parts of plumbing, HVAC, refrigeration, or hydronic systems in which no changes in original design are made. Fixtures or parts do not include smoke and fire dampers, or water, gas, or steam piping permanent repairs except for traps or strainers. “Routine maintenance” shall include emergency repairs, and the board
 
department shall define the term “emergency repairs” to include the repair of water pipes to prevent imminent damage to property. “Routine maintenance” does not include the replacement of furnaces, boilers, cooling appliances, or water heaters more than one hundred gallons in size.
    Sec. 2.  Section 105.3, subsection 4, Code 2013, is amended to read as follows:
   4.  If a person who has been appointed to serve on the board has ever been disciplined by the board
 
department, all board
 
department complaints and statements of charges, settlement agreements, findings of fact, and orders pertaining to the disciplinary action shall be made available to the senate committee to which the appointment is referred at the committee’s request before the full senate votes on the person’s appointment.
    Sec. 3.  Section 105.3, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  Notwithstanding section 21.5, subsection 4, the office of the citizen’s aide without an order of the court and only for purposes of conducting a confidential investigation in response to a complaint relating to the board pursuant to section 2C.12, shall have access to the minutes and audio recording of a closed session of a meeting of the board.
    Sec. 4.  Section 105.4, Code 2013, is amended to read as follows:
   105.4  Plumbing installation code —— rules.
   1.  The
 
department, in consultation with the board, shall establish by rule a plumbing installation code governing the installation of plumbing in this state.
   2.  The
 
department, in consultation with the board, shall adopt all rules necessary to carry out the licensing and other provisions of this chapter.
    Sec. 5.  Section 105.5, subsection 1, Code 2013, is amended to read as follows:
   1.  Any person desiring to take an examination for a license issued pursuant to this chapter shall make application to the board
 
department in accordance with the rules of the board
 
department. The application form shall be no longer than two pages in length, plus one security page. The board
 
department may require that a recent photograph of the applicant be attached to the application.
    Sec. 6.  Section 105.5, subsection 3, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   The
 
department, in consultation with the board, shall adopt rules relating to all of the following:
    Sec. 7.  Section 105.9, subsections 1, 2, 3, 5, 9, and 10, Code 2013, are amended to read as follows:
   1.  The board
 
department shall set the fees for the examination of all applicants, by rule, which fees shall be based upon the cost of administering the examinations.
   2.  The board
 
department shall set the license fees and renewal fees for all licenses issued pursuant to this chapter, by rule.
   3.  All fees collected under this chapter shall be retained by the board
 
department. The moneys retained by the board
 
department shall be used for any of the board’s duties
 
and the regulatory or administrative functions of the department under this chapter, including but not limited to the addition of full-time equivalent positions for program services and investigations. Revenues retained by the board
 
department pursuant to this section shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, moneys retained by the board
 
department pursuant to this section are not subject to reversion to the general fund of the state.
   5.
  a.  The board
 
department shall submit a report to the general assembly within sixty days following the end of each fiscal year. The reports shall include a balance sheet projection extending no less than three years. If the revenue projection exceeds expense projections by more than ten percent, the board
 
department shall adjust their fee schedules accordingly, so that projected revenues are no more than ten percent higher than projected expenses. The revised fees shall be implemented no later than January 1, 2013, and January 1 of each subsequent year.
   b.  A license fee for a combined license shall be the sum total of each of the separate license fees reduced by thirty percent.
   9.  The board
 
department may charge a fee for an application required by this chapter and submitted on paper if an internet application process is available.
   10.  The board
 
department shall waive all renewal fees for all licenses that have an expiration date from January 1, 2011, through December 31, 2012.
    Sec. 8.  Section 105.10, subsections 1, 3, 4, and 5, Code 2013, are 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 systems without obtaining a license issued by the board
 
department, or install or repair medical gas piping systems without obtaining a valid certification approved by the board
 
department.
   3.  The board
 
department may allow a two-year delay in implementing the licensure requirements for contractors who employ fewer than ten mechanical professionals.
   4.  The
 
department, in consultation with the board, shall adopt rules to allow a grace period for a contractor to operate a business described in subsection 2 without employing a licensed master.
   5.  The
 
department, in consultation with the board, shall by rule provide for the issuance of a license for installers of geothermal heat pump systems that shall require certification pursuant to industry accredited installer certification standards recognized by the United States department of energy.
    Sec. 9.  Section 105.12, subsection 2, Code 2013, is amended to read as follows:
   2.  In addition to the certificate, the board
 
department shall provide each licensee with a wallet-sized licensing identification card.
    Sec. 10.  Section 105.16, Code 2013, 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 professional under this chapter changes the person’s residence or place of practice, the person shall so notify the board
 
department.
    Sec. 11.  Section 105.18, Code 2013, is amended to read as follows:
   105.18  Qualifications and types of licenses issued.
   1.  General qualifications.  The
 
department, in consultation with the board, shall adopt, by rule, general qualifications for licensure. The board
 
department may consider the past felony record of an applicant only if the felony conviction relates to the practice of the profession for which the applicant requests to be licensed. References may be required as part of the licensing process.
   2.  Plumbing, HVAC, refrigeration, and hydronic licenses and contractor licenses.  The board
 
department shall issue separate licenses for plumbing, HVAC, refrigeration, and hydronic professionals and for contractors as follows:
   a.  Apprentice license.  In order to be licensed by the board as an apprentice, a person shall do all of the following:
   (1)  File an application, which application shall establish that the person meets the minimum requirements adopted by the board
 
department.
   (2)  Certify that the person will work under the supervision of a licensed journeyperson or master in the applicable discipline.
   (3)  Be enrolled in an applicable apprentice program which is registered with the United States department of labor office of apprenticeship.
   b.  Journeyperson license.
   (1)  In order to be licensed by the board
 
department as a journeyperson in the applicable discipline, a person shall do all of the following:
   (a)  File an application and pay application fees as established by the board
 
department, which application shall establish that the person meets the minimum educational and experience requirements adopted by the board
 
department.
   (b)  Pass the state journeyperson licensing examination in the applicable discipline.
   (c)  Provide the board
 
department with evidence of having completed at least four years of practical experience as an apprentice. Commencing January 1, 2010, the four years of practical experience required by this subparagraph division must be an apprenticeship training program registered by the United States department of labor office of apprenticeship.
   (2)  A person may simultaneously hold an active journeyperson license and an inactive master license.
   c.  Master license.  In order to be licensed by the board
 
department as a master, a person shall do all of the following:
   (1)  File an application and pay application fees as established by the board
 
department, which application shall establish that the person meets the minimum educational and experience requirements adopted by the board
 
department.
   (2)  Pass the state master licensing examination for the applicable discipline.
   (3)  Provide evidence to the board
 
department that the person has previously been a licensed journeyperson or master in the applicable discipline.
   d.  Contractor license.  In order to be licensed by the board
 
department as a contractor, a person shall do all of the following:
   (1)  File an application and pay application fees as established by the board
 
department, which application shall provide the person’s state contractor registration number and establish that the person meets the minimum requirements adopted by the board
 
department.
   (2)  Maintain a permanent place of business.
   (3)  Hold a master license or employ at least one person holding a master license under this chapter.
   3.  Combined licenses, restricted licenses.
   a.  The board
 
department may issue single or combined licenses to persons who qualify as a contractor, master, journeyperson, or apprentice under any of the disciplines.
   b.  Special, restricted license.  The board
 
department may by rule provide, in consultation with the board, adopt rules providing for the issuance of special plumbing and mechanical professional licenses authorizing the licensee to engage in a limited class or classes of plumbing or mechanical professional work, which class or classes shall be specified on the license. Each licensee shall have experience, acceptable to the board
 
department, in each such limited class for which the person is licensed. The board
 
department shall designate each special, restricted license to be a sublicense of either a plumbing, HVAC, refrigeration, or hydronic 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.
   c.  The board
 
department shall establish a special, restricted license fee at a reduced rate, consistent with any other special, restricted license fees.
   d.  An individual that holds either a master or journeyperson HVAC license or a master or journeyperson refrigeration license shall be exempt from having to obtain a special electrician’s license pursuant to chapter 103 in order to perform disconnect and reconnect of existing air conditioning and refrigeration systems.
   4.  Waiver.  Notwithstanding section 17A.9A, the board
 
department shall through December 31, 2009, waive the written examination requirements and prior experience requirements in subsection 2, paragraph “b”, subparagraph (1), and subsection 2, paragraph “c”, for a journeyperson or master license if the applicant meets either of the following requirements:
   a.  The applicant meets both of the following requirements:
   (1)  The applicant has previously passed a written examination which the board
 
department deems to be substantially similar to the licensing examination otherwise required by the board
 
department to obtain the applicable license.
   (2)  The applicant has completed at least eight classroom hours of continuing education in courses or seminars approved by the board
 
department within the two-year period immediately preceding the date of the applicant’s license application.
   b.  The applicant can demonstrate to the satisfaction of the board
 
department that the applicant has five or more years of experience prior to July 1, 2008, in the plumbing, HVAC, refrigeration, or hydronic business, as applicable, which experience is of a nature that the board
 
department deems to be sufficient to demonstrate continuous professional competency consistent with that expected of an individual who passes the applicable licensing examination which the applicant would otherwise be required to pass.
   5.  Waiver for military service.  Notwithstanding section 17A.9A, the board
 
department shall waive the written examination requirements and prior experience requirements in subsection 2, paragraph “b”, subparagraph (1), and subsection 2, paragraph “c”, for a journeyperson or master license if the applicant meets all of the following requirements:
   a.  Is an active or retired member of the United States military.
   b.  Provides documentation that the applicant was deployed on active duty during any portion of the time period of July 1, 2008, through December 31, 2009.
   c.  Provides documentation that shows the applicant has previously passed an examination which the board
 
department deems substantially similar to the examination for a journeyperson license or a master license, as applicable, issued by the board
 
department, or provides documentation that shows the applicant has previously been licensed by a state or local governmental jurisdiction in the same trade and trade level.
    Sec. 12.  Section 105.19, subsections 1 and 3, Code 2013, are amended to read as follows:
   1.  An applicant for a contractor license or renewal of an active contractor license shall provide evidence of a public liability insurance policy and surety bond in an amount determined sufficient by the board
 
department by rule.
   3.  The insurance and surety bond shall be written by an entity licensed to do business in this state and each licensed contractor shall maintain on file with the board
 
department a certificate evidencing the insurance providing that the insurance or surety bond shall not be canceled without the entity first giving fifteen days’ written notice to the board.
    Sec. 13.  Section 105.20, subsections 2, 3, and 5, Code 2013, are amended to read as follows:
   2.  A license issued under this chapter may be renewed as provided by rule adopted by the board
 
department upon application by the licensee, without examination. Applications for renewal shall be made to the board
 
department, accompanied by the required renewal licensing fee, at least thirty days prior to the expiration date of the license.
   3.  The board
 
department shall notify each licensee by mail at least sixty days prior to the expiration of a license.
   5.  The board
 
department shall, by rule, establish a reinstatement process for a licensee who allows a license to lapse, including reasonable penalties.
    Sec. 14.  Section 105.20, subsection 6, paragraph a, Code 2013, is amended to read as follows:
   a.  The board
 
department shall establish continuing education requirements pursuant to section 272C.2. The basic continuing education requirement for renewal of a license shall be the completion, during the immediately preceding license term, of the number of classroom hours of instruction required by the board
 
department in courses or seminars which have been approved by the board
 
department. The board
 
department shall require at least eight classroom hours of instruction during each three-year licensing term.
    Sec. 15.  Section 105.21, Code 2013, is amended to read as follows:
   105.21  Reciprocal licenses.
   The board
 
department may license without examination a nonresident applicant who is licensed under plumbing, HVAC, refrigeration, or hydronic 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 professional licenses under this chapter. The
 
department, in consultation with 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 2013, is amended to read as follows:
   A license to practice as a contractor or as a plumbing, HVAC, refrigeration, or hydronic 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
 
department in consultation with 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 10, Code 2013, is amended to read as follows:
   10.  Any other such grounds as established by rule by the
 
department, in consultation with the board.
    Sec. 18.  Section 105.28, Code 2013, is amended to read as follows:
   105.28  Enforcement.
   The board
 
department shall enforce the provisions of this chapter. Every licensee and member of the board shall furnish the board
 
department such evidence as the licensee or member may have relative to any alleged violation which is being investigated.
    Sec. 19.  Section 105.29, Code 2013, is amended to read as follows:
   105.29  Report of violators.
   Every licensee and every member of the board shall report to the board
 
department the name of every person who is practicing as a contractor or as a plumber or mechanical professional without a license issued pursuant to this chapter pursuant to the knowledge or reasonable belief of the person making the report. The opening of an office or place of business for the purpose of providing any services for which a license is required by this chapter, the announcing to the public in any way the intention to provide any such service, the use of any professional designation, or the use of any sign, card, circular, device, vehicle, or advertisement, as a provider of any such services shall be prima facie evidence of engaging in the practice of a contractor or a plumber or mechanical professional.
    Sec. 20.  Section 272C.1, subsection 6, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   “Licensing board” or “board” includes the following boards
 
or agencies:
    Sec. 21.  Section 272C.1, subsection 6, paragraph ae, Code 2013, is amended to read as follows:
   ae.  The plumbing and mechanical systems board, created pursuant to chapter 105
 
and the department of public health acting pursuant to chapter 105.
EXPLANATION
   This bill vests the department of public health with regulatory and administrative authority to implement Code chapter 105, relating to plumbers, mechanical professionals, and contractors. Rulemaking authority is vested with the department of public health, in consultation with the plumbing and mechanical systems board. The board retains the authority to conduct contested cases and impose licensee discipline, including revocation and suspension of licenses, but the bill provides that the department, in consultation with the board, shall establish procedures and adopt rules relating to license revocation or suspension.
   The bill provides, notwithstanding Code section 21.5, subsection 4, relating to closed session meetings held by governmental bodies, that the minutes and audio recording of a closed session of a meeting of the board shall be accessible to the office of the citizens’ aide without an order of the court and only for purposes of conducting a confidential investigation in response to a complaint relating to the board.