HSB 98 (LSB 1364YC (3) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act modifying provisions applicable to individuals licensed by the plumbing and mechanical systems board, providing for state inspections of certain plumbing and mechanical system installations, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 105.2, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Farm” means land, buildings, and structures used for agricultural purposes including but not limited to the storage, handling, and drying of grain and the care, feeding, and housing of livestock.
    Sec. 2.  Section 105.2, subsection 17, Code 2023, is amended to read as follows:
   17.  “Routine maintenance” means the maintenance, repair, or replacement of existing fixtures or parts of plumbing, mechanical, HVAC, refrigeration, sheet metal, 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 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. 3.  Section 105.9, subsection 5, paragraph a, Code 2023, is amended by striking the paragraph.
    Sec. 4.  Section 105.11, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Apply to a person performing any installation on a farm, if the person is associated with the farm as a holder of a legal or equitable interest, a relative or employee of the holder, or an operator or manager of the farm. The provisions of this chapter do not require such person to be licensed. In addition, a permit is not required for an installation on a farm, and an installation on a farm is not required to be inspected. In order for a farm building to qualify under this subsection, the farm building must not be regularly open to the public as a place of business for the retail sale of goods, wares, services, or merchandise.
    Sec. 5.  Section 105.18, subsection 2, paragraph a, subparagraph (1), Code 2023, is amended to read as follows:
   (1)  File an application, which application shall establish that the person meets the minimum requirements adopted by the board, including the receipt of a high school diploma or its equivalent.
    Sec. 6.  Section 105.18, subsection 2, paragraph b, subparagraph (1), subparagraph division (c), Code 2023, is amended to read as follows:
   (c)  Provide the board 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 the completion of an apprenticeship training program registered by the United States department of labor office of apprenticeship, as evidenced by a certificate of completion from the department of labor.
    Sec. 7.  NEW SECTION.  105.33  State inspection —— applicability.
   1.  The inspection and enforcement provisions of this chapter shall apply to the following:
   a.  All new installations of plumbing or mechanical systems for commercial or industrial applications, including installations both inside and outside of a building.
   b.  All new installations of plumbing or mechanical systems that serve government-owned or government-leased facilities by a person who is not an employee of any unit of state or local government.
   c.  All new installations of plumbing or mechanical systems for multi-family residential applications, including installations for an apartment or building as those terms are defined in section 499B.2.
   d.  All new installations of plumbing or mechanical systems for single-family residential applications requiring new plumbing or mechanical systems service equipment.
   e.  Existing installations of plumbing or mechanical systems observed during inspection which constitute a hazard to the property owner. Existing installations shall not be deemed to constitute a hazard if the installation when originally installed was installed in accordance with the applicable state plumbing code or state mechanical code in force at the time of installation and has been maintained in that condition.
   f.  All installations of plumbing or mechanical systems performed at the request of a property owner.
   2.  The inspection and enforcement provisions of this chapter shall not apply to routine maintenance. 
    Sec. 8.  NEW SECTION.  105.34  Plumbing or mechanical inspectors.
   The board shall establish by rule standards for the certification and decertification of plumbing and mechanical inspectors employed by the state to enforce this chapter and standards for the continuing education requirements for plumbing and mechanical inspectors employed by the state to enforce this chapter. The standards established by the board shall conform to one of the following:
   1.  The standards applicable to a person seeking to be licensed by the board as a master pursuant to section 105.18 in the category being inspected.
   2.  The standards applicable to a person seeking to be licensed by the board as a journeyperson pursuant to section 105.18 in the category being inspected.
   3.  The standards applicable to a plumbing or mechanical inspector in the category being inspected who was appointed by a political subdivision on or before January 1, 2024.
    Sec. 9.  NEW SECTION.  105.35  Request for permit and inspection —— fees.
   1.  At or before commencement of any installation required to be inspected by the board, the licensed contractor or property owner making such installation shall submit to the board a request for a permit and inspection. The board shall prescribe the methods by which the request may be submitted, which shall include an electronic submission option or through a form prescribed by the board that can be submitted either through the mail or by a fax transmission. The board shall also prescribe methods by which the permit and inspection fees established pursuant to section 105.40 can be paid, which shall include electronic methods of payment. If the board becomes aware that a person has failed to file a necessary request for inspection, the board shall send a written notification by certified mail that the request must be filed within fourteen days. Any person filing a late request for inspection shall pay a delinquency fee in an amount to be determined by the board. A person who fails to file a late request within fourteen days from receipt of the notification shall be subject to a civil penalty to be determined by the board by rule.
   2.  Notwithstanding subsection 1, the board may by rule provide for the issuance of a single permit to a licensed contractor or property owner to request multiple inspections. The permit authorizes the licensed contractor or property owner to perform new plumbing or mechanical system installations specified in the permit. The board shall prescribe the methods by which the request for multiple inspections may be submitted, which shall include electronic submission or through a form prescribed by the board that can be submitted either through the mail or by a fax transmission. The board shall also prescribe methods by which the permit and inspection fees established pursuant to section 105.40 can be paid, which shall include electronic methods of payment. The board may perform inspections of each new plumbing or mechanical system installation or any portion of the total number of new plumbing or mechanical system installations made under each permit. The board shall establish fees for such permits as provided in section 105.40, which shall not exceed the total inspection fees that would be required if each new installation performed under the request for multiple inspections had been performed under individual requests for inspections as provided in subsection 1.
    Sec. 10.  NEW SECTION.  105.36  Approval of installation upon inspection —— opportunity to correct noncompliance.
   1.  If an inspector determines that an installation subject to inspection under this chapter is in compliance with accepted standards of construction for health safety and property safety, based upon minimum standards established by the board pursuant to section 105.39, subsection 3, the inspector shall approve the installation.
   2.  If an inspector finds that any installation or portion of an installation is not in compliance with accepted standards of construction for health safety and property safety, based upon minimum standards established by the board, the inspector shall issue a correction order. A correction order made pursuant to this section shall be served personally or by United States mail only upon the licensed contractor or property owner making the installation. The correction order shall order the licensed contractor or property owner to make the installation comply with the standards, noting specifically what changes are required. The order shall specify a date, not more than seventeen calendar days from the date of the order, when a new inspection shall be made. When the installation is brought into compliance to the satisfaction of the inspector, the inspector shall approve the installation.
    Sec. 11.  NEW SECTION.  105.37  Inspections not required.
   1.  Nothing in this chapter shall be construed to require the work of employees of municipal utilities, railroads, or rural water associations or districts to be inspected while the employees are acting within the scope of their employment.
   2.  The board may by rule exempt specified types of new plumbing or mechanical system installations from state inspection which are not described in section 105.33, subsection 1, provided that a political subdivision conducting inspections pursuant to section 105.38, subsection 1, shall not be prohibited from requiring inspection of any new plumbing or mechanical system installation exempt by rule from state inspection pursuant to this subsection.
    Sec. 12.  NEW SECTION.  105.38  Inspection by political subdivisions.
   1.  State inspection in the applicable discipline shall not apply within the jurisdiction of any political subdivision which provides plumbing or mechanical system inspection services for the inspection of installations specified in section 105.33, subsection 1. 
   2.  A political subdivision providing inspection services pursuant to subsection 1 may require the inspection of plumbing or mechanical system installations which are not described in section 105.33, subsection 1, in addition to the installations described in section 105.33, subsection 1.
   3.  A political subdivision that performs inspections may set appropriate permit fees to pay for such inspections.
   4.  A political subdivision may choose to discontinue performing its own inspections and permit the board to have jurisdiction over inspections in the political subdivision. If a political subdivision seeks to discontinue its own inspections, the political subdivision shall notify the board in a timely manner.
   5.  A political subdivision shall report to the board in a timely manner the name of every person who is believed to be practicing as a plumbing or mechanical professional without a license issued pursuant to this chapter. The board shall investigate each report received and submit the investigation results to the political subdivision in a timely manner.
   6.  A political subdivision shall not perform inspection services pursuant to subsection 1 on a farm or farm residence.
    Sec. 13.  NEW SECTION.  105.39  State inspection —— procedures.
   1.  An inspection shall be made within three business days of the submission of a request for an inspection as provided in section 105.35. When necessary, plumbing and mechanical systems may be connected by the licensed installer prior to inspection but the installation shall remain subject to any appropriate restrictions or limitations as determined by the board.
   2.  Where plumbing or mechanical systems or parts are to be concealed, the inspector must be notified within a reasonable time, as determined by the board, to complete rough-in inspections prior to concealment, exclusive of Saturdays, Sundays, and holidays. If plumbing or mechanical systems or parts are concealed before rough-in inspections without adequate notice having been given to the inspector, as determined by the board, the person responsible for having enclosed the system or part shall be responsible for all costs resulting from uncovering and replacing the cover material.
   3.  State inspection procedures and policies shall be established by the board in accordance with the provisions of the state plumbing code and state mechanical code adopted by the board.
   4.  Except when an inspection reveals that an installation or portion of an installation is not in compliance with accepted standards of construction for health safety and property safety, based upon minimum standards established by the board, an inspector shall not add to, modify, or amend a construction plan as originally approved by the board in the course of conducting an inspection.
   5.  Management and supervision of inspectors, including hiring decisions, disciplinary action, promotions, and work schedules are the responsibility of the board acting in accordance with applicable law and pursuant to any applicable collective bargaining agreement. The board shall determine work territories, regions, or districts for inspectors and continuing education and ongoing training requirements applicable to inspectors. An inspector subject to disciplinary action pursuant to this subsection shall be entitled to an appeal pursuant to section 105.41 and judicial review pursuant to section 17A.19.
   6.  The board shall establish an internet-based licensure verification database for access by a state or local inspector for verification of licensee status. The database shall include the name of every person licensed under this chapter and a corresponding licensure number. Inspectors shall be authorized to request the name and license number of any person working at a job site subject to inspection for verification of licensee status. Licensees under this chapter shall be required to carry a copy of their current license and photo identification at all times when employed on a job site for compliance with this subsection.
    Sec. 14.  NEW SECTION.  105.40  State permits and inspections —— fees.
   1.  All state plumbing and mechanical system inspection fees shall be due and payable to the board at or before commencement of the installation and shall be forwarded with the request for inspection. Inspection fees provided in this section shall not apply within the jurisdiction of any political subdivision if the political subdivision provides plumbing or mechanical system inspection services for the inspection of installations pursuant to section 105.38, subsection l.
   2.  The board shall establish the fees for permits and inspections required under this chapter. 
    Sec. 15.  NEW SECTION.  105.41  State inspection —— complaints —— appeals.
   1.  Any person may file a complaint with the board alleging a violation of this chapter or rules adopted by the board. The name of a person who files a complaint with the board shall remain confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than board employees or agents involved in the investigation of the complaint. The board shall establish procedures for the disposition of complaints received in accordance with this subsection.
   2.  a.  Any person aggrieved by an order of an inspector or the board may appeal the order by filing a written notice of appeal with the board within ten days after the date the order was served upon the aggrieved person.
   b.  Upon receipt of a notice of appeal filed pursuant to subsection 1, the board shall notify all interested parties who may join in the hearing and give testimony on their own behalf. The board shall set the hearing date not more than fourteen days after receipt of the notice of appeal unless otherwise agreed by the interested parties and the board. The chairperson or executive secretary of the board may designate a hearing officer from among the board members to hear the appeal or may set the matter for hearing before the full board at its next regular meeting. A majority of the board shall make the decision on appeals.
    Sec. 16.  EFFECTIVE DATE.  This Act takes effect July 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies provisions in Code chapter 105, which provides for the licensure and regulation of plumbers, mechanical professionals, and contractors by the plumbing and mechanical systems board.
   The bill defines a “farm” to refer to land, buildings, and structures used for agricultural purposes including but not limited to the storage, handling, and drying of grain and the care, feeding, and housing of livestock. The bill modifies the definition of “routine maintenance” to remove a provision stating that the term includes emergency repairs. Additionally, the bill modifies the definition of “routine maintenance” to provide that the term does not include the replacement of furnaces, boilers, cooling appliances, or water heaters, regardless of size.
   The bill strikes Code section 105.9, subsection 5, paragraph “a”, which requires the plumbing and mechanical systems board to submit a report including certain financial information to the general assembly within 60 days of the end of a fiscal year and potentially adjust its fee schedules based on the financial information in the report.
   The bill establishes that the provisions of Code chapter 105 shall not apply to a person performing an installation on a farm, if the person is associated with the farm as a holder of legal or equitable interest, a relative or employee of the holder, or an operator or manager.
   Current law provides that in order to be licensed by the board as an apprentice, a person shall file an application that establishes that the person meets the minimum requirements adopted by the board. The bill provides that such minimum requirements to be established in an application include the receipt of a high school diploma or its equivalent.
   Current law provides that in order to be licensed by the board as a journeyperson, a person shall provide evidence of completing at least four years of practical experience as an apprentice through an apprenticeship training program registered by the United States department of labor. The bill provides that such requirement must be evidenced by a certificate of completion from the department of labor.
   The bill adds provisions in Code chapter 105 which provide for state inspection of certain plumbing or mechanical system installations described in new Code section 105.33. The bill provides that state inspection shall not apply to routine maintenance.
   The bill requires the board to establish standards for the certification and decertification of plumbing and mechanical inspectors appointed by the state or a political subdivision to enforce the inspection provisions of the bill. The bill provides that those standards shall conform to the standards applicable to a person seeking to be licensed as a master or a journeyperson, or the standards applicable to a plumbing or mechanical inspector appointed by a political subdivision.
   The bill establishes procedural requirements for a licensed contractor or property owner making an installation to request a permit and an inspection and allows the board to adopt rules providing for the issuance of permits to a licensed contractor or property owner for multiple inspections, as described in the bill.
   The bill provides that if an inspector determines that an installation is in compliance with the accepted standards of construction for health safety and property safety, based on minimum standards established by the board, the inspector shall approve the installation. If an inspector finds that an inspection or portion thereof is not in compliance with such standards, the inspector shall issue a correction order which orders the licensed contractor or property owner to make the installation comply with the standards and provides a date when a new inspection shall be made. When the installation is brought into compliance, the inspector shall approve the installation.
   The bill specifies that nothing in the bill shall be construed to require the work of employees of municipal utilities, railroads, or rural water associations or districts to be inspected while acting within the scope of their employment. The board may by rule exempt specified types of new installations from the state inspection requirements, provided that a political subdivision conducting inspections shall not be prohibited from requiring inspection of such installations. 
   The bill provides that state inspection shall not apply within the jurisdiction of any political subdivision which provides inspection services for installations subject to state inspection. A political subdivision may require inspections of installations not subject to state inspection, in addition to installations subject to state inspection. Code section 105.38 also includes provisions regarding the discontinuance of inspections by political subdivisions, the suspension or revocation of inspections by political subdivisions, and permit fees established by political subdivisions to pay for inspections. The bill requires that a political subdivision shall report to the board the name of every person who is practicing as a plumbing or mechanical professional without a license. Additionally, the bill excludes farms and farm residences from inspections by a political subdivision.
   The bill establishes certain state inspection procedural requirements, including provisions relating to inspection timing, installation concealment, state inspection procedures and policies, construction plan modification, inspector supervision, and the licensure verification database, as described in the bill.
   The bill requires the board to establish fees for permits and inspections. Inspection fees are to be paid to the board at or before the commencement of an inspection and included with the request for inspection. Inspection fees shall not apply to inspections within political subdivisions which provide for inspections.
   The bill authorizes any person to file a confidential complaint with the board alleging a violation of the bill or any rule adopted by the board and allows any person aggrieved by an order of an inspector or the board to appeal the order by filing a written notice of appeal with the board within 10 days after the order was served. The bill also provides certain procedural requirements for such an appeal, as described in the bill.
   Pursuant to current law, the board may impose a civil penalty up to $5,000 per offense upon a person who violates the bill, following notice and an opportunity for a hearing.
   The bill takes effect July 1, 2025.