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1 1 Section 1. NEW SECTION. 542D.1 SHORT TITLE.
1 2 This chapter may be cited as the "Iowa Plumber and HVAC
1 3 Professional Certification Act".
1 4 Sec. 2. NEW SECTION. 542D.2 DEFINITIONS.
1 5 For the purpose of this chapter, unless the context
1 6 otherwise requires:
1 7 1. "Department" means the department of commerce.
1 8 2. "Examining board" means the state plumbing and HVAC
1 9 examining board as established in section 542D.17.
1 10 3. "HVAC" means heating, ventilation, and air
1 11 conditioning.
1 12 4. "HVAC professional's apprentice" means an individual,
1 13 other than a journeyman or master HVAC professional, who, as a
1 14 principal occupation, is engaged in working as an employee of
1 15 a HVAC contractor under the immediate and personal supervision
1 16 of either a master HVAC professional or a journeyman HVAC
1 17 professional and is learning and assisting in the design,
1 18 installation, and repair of HVAC systems.
1 19 5. "Journeyman HVAC professional" means an individual,
1 20 other than a master HVAC professional, who, as a principal
1 21 occupation, is engaged as an employee of, or otherwise working
1 22 under the direction of, a master HVAC professional in the
1 23 design, installation, and repair of HVAC systems.
1 24 6. "Journeyman plumber" means an individual, other than a
1 25 master plumber, who, as a principal occupation, is engaged as
1 26 an employee of, or otherwise working under the direction of, a
1 27 master plumber in the design, installation, and repair of
1 28 plumbing.
1 29 7. "Master HVAC professional" means an individual skilled
1 30 in the planning, superintending, and the design, installation,
1 31 and repair of HVAC systems, lawfully qualified to conduct the
1 32 business of an HVAC professional, and knowledgeable about the
1 33 laws and rules governing such business.
1 34 8. "Master plumber" means an individual skilled in the
1 35 planning, superintending, and the design, installation, and
2 1 repair of plumbing, lawfully qualified to conduct the business
2 2 of plumbing, and knowledgeable about the laws and rules
2 3 governing such business.
2 4 9. "Plumber's apprentice" means an individual, other than
2 5 a journeyman or master plumber, who, as a principal
2 6 occupation, is engaged in working as an employee of a plumbing
2 7 contractor under the immediate and personal supervision of
2 8 either a master plumber or a journeyman plumber, and who is
2 9 learning and assisting in the design, installation, and repair
2 10 of plumbing.
2 11 10. "Political subdivision" means a city or county, or any
2 12 combination of cities or counties.
2 13 11. "Uniform mechanical code" means the code of rules
2 14 governing the design, installation, and repair of HVAC systems
2 15 as adopted by rule of the department.
2 16 12. "Uniform plumbing code" means the code of rules
2 17 governing the design, installation, and repair of plumbing
2 18 systems as adopted by rule of the department.
2 19 Sec. 3. NEW SECTION. 542D.3 CERTIFICATION REQUIRED.
2 20 1. Except as provided in section 542D.4, a person shall
2 21 not engage in the business of installing or repairing plumbing
2 22 or HVAC systems, including all fuel oil, natural gas, propane,
2 23 or other component lines associated with any component of a
2 24 plumbing or HVAC system, unless at all times a certified
2 25 master plumber or certified master HVAC professional, as
2 26 applicable, is employed by the person and is responsible for
2 27 such design, installation, and repair work of the person. An
2 28 individual who performs such work as a sole proprietor must be
2 29 a certified master plumber or a certified master HVAC
2 30 professional, as applicable.
2 31 2. A public utility, as defined in section 476.1, which
2 32 engages in the business of selling, servicing, or installing
2 33 plumbing, heating, or cooling systems shall establish a
2 34 separate affiliate business entity for the purpose of engaging
2 35 in such business.
3 1 Sec. 4. NEW SECTION. 542D.4 EXEMPTIONS FROM
3 2 CERTIFICATION REQUIREMENT.
3 3 The certification requirement of section 542D.3 does not
3 4 apply to any of the following:
3 5 1. An owner-occupant of an existing single dwelling house,
3 6 with the assistance of any member of the owner-occupant's
3 7 family and household, who personally performs any work
3 8 governed by the uniform mechanical code or uniform plumbing
3 9 code in the house and who does all of the following:
3 10 a. Obtain any necessary permit for the work.
3 11 b. Perform all work so that the work fully complies with
3 12 the provisions of the uniform mechanical code or the uniform
3 13 plumbing code, as appropriate.
3 14 c. Have the completed project inspected by a certified
3 15 inspector of the appropriate political subdivision.
3 16 2. Persons who are licensed mobile home dealers or are
3 17 employees of licensed mobile home dealers with respect to the
3 18 design or installation of plumbing or HVAC services related to
3 19 the installation of a mobile home.
3 20 Sec. 5. NEW SECTION. 542D.5 QUALIFICATIONS.
3 21 An applicant for a plumbing, HVAC, or combined
3 22 certification is not ineligible because of age, citizenship,
3 23 sex, race, religion, marital status, or national origin,
3 24 although the application form may require citizenship
3 25 information. The examining board may consider the applicant's
3 26 criminal record if the applicant has been convicted of any
3 27 felony which relates directly to the practice of the
3 28 profession for which the applicant requests to be certified.
3 29 Character references may be required as part of the
3 30 certification process, but shall not be obtained from a
3 31 certified plumber or HVAC professional.
3 32 Sec. 6. NEW SECTION. 542D.6 FORM OF CERTIFICATION –
3 33 DISPLAY.
3 34 1. A certificate granted under this chapter shall be in
3 35 the form of a certificate under the seal of the department,
4 1 signed by the director of the department, and shall be issued
4 2 in the name of the examining board. The number of the book
4 3 and page containing the entry of the certification in the
4 4 office of the department shall be noted on the face of the
4 5 certification. Additionally, the department shall issue to
4 6 each person certified under this chapter an identification
4 7 card which includes a photograph of the certificate holder,
4 8 designates the certificates held by the person, and sets forth
4 9 the expiration dates of such certificates.
4 10 2. A person certified under this chapter as a plumbing or
4 11 HVAC professional shall keep the certificate publicly
4 12 displayed at the person's principal place of business. An
4 13 identification card issued pursuant to this section must be in
4 14 the possession of the individual at all times that the
4 15 individual is performing work pursuant to the certificate.
4 16 Sec. 7. NEW SECTION. 542D.7 RECORD OF CERTIFICATES.
4 17 The name, location, number of years of practice of the
4 18 person to whom the certificate has been issued, the number of
4 19 the certificate, and the date of registration of the
4 20 certificate shall be recorded and kept in the office of the
4 21 department to be known as the plumbing and HVAC registry,
4 22 which shall be open to public inspection.
4 23 Sec. 8. NEW SECTION. 542D.8 CHANGE OF RESIDENCE.
4 24 A person certified to practice as a plumbing or HVAC
4 25 professional under this chapter who changes the person's
4 26 residence or place of business shall notify the department and
4 27 local certification jurisdiction of the change.
4 28 Sec. 9. NEW SECTION. 542D.9 TYPES OF CERTIFICATES
4 29 ISSUED.
4 30 1. PLUMBING CERTIFICATES. The following plumbing
4 31 certificates may be issued by the department:
4 32 a. Plumber's apprentice. In order to be certified by the
4 33 department as a plumber's apprentice, a person shall do all of
4 34 the following:
4 35 (1) File an application form and pay an application fee as
5 1 established by the examining board, which application must
5 2 establish that the person meets the minimum requirements
5 3 adopted by the examining board.
5 4 (2) Certify that the person shall work directly under the
5 5 supervision of a certified journeyman plumber or master
5 6 plumber.
5 7 (3) Be enrolled in a plumber's apprentice program which is
5 8 registered with the United States department of labor, bureau
5 9 of apprenticeship training.
5 10 b. Journeyman plumber. In order to be certified by the
5 11 department as a journeyman plumber, a person shall do all of
5 12 the following:
5 13 (1) File an application and pay application fees as
5 14 established by the examining board, which application must
5 15 establish that the person meets the minimum educational and
5 16 experience requirements adopted by the examining board.
5 17 (2) Pass the state journeyman plumber certification
5 18 examination.
5 19 (3) Provide the examining board with evidence of having
5 20 completed at least four years of practical plumbing
5 21 experience. After January 1, 2000, all four years of
5 22 practical plumbing experience shall be required to have been
5 23 practical plumbing experience gained as a result of being a
5 24 certified plumber's apprentice.
5 25 c. Master plumber. In order to be certified by the
5 26 department as a master plumber, a person shall do all of the
5 27 following:
5 28 (1) File an application and pay an application fee as
5 29 established by the examining board, which application must
5 30 establish that the person meets the minimum educational and
5 31 experience requirements adopted by the examining board.
5 32 (2) Pass the state master plumber certification
5 33 examination.
5 34 (3) Have previously been a certified journeyman plumber or
5 35 must provide evidence to the examining board that the person
6 1 satisfies all requirements required to be certified as a
6 2 journeyman plumber.
6 3 (4) Provide the person's state registration number for
6 4 contracting.
6 5 2. HVAC PROFESSIONAL CERTIFICATES. The following HVAC
6 6 professional certificates may be issued by the department:
6 7 a. HVAC professional's apprentice. In order to be
6 8 certified by the department as an HVAC professional's
6 9 apprentice, a person shall do all of the following:
6 10 (1) File an application form and pay an application fee as
6 11 established by the examining board, which application must
6 12 establish that the person meets the minimum requirements
6 13 adopted by the examining board.
6 14 (2) Certify that the person shall work directly under the
6 15 supervision of a certified journeyman HVAC professional or
6 16 master HVAC professional.
6 17 (3) Be enrolled in an HVAC professional's apprentice
6 18 program which is registered with the United States department
6 19 of labor bureau of apprenticeship training.
6 20 b. Journeyman HVAC professional. In order to be certified
6 21 by the department as a journeyman HVAC professional, a person
6 22 shall do all of the following:
6 23 (1) File an application and pay application fees as
6 24 established by the examining board, which application must
6 25 establish that the person meets the minimum educational and
6 26 experience requirements adopted by the examining board.
6 27 (2) Pass the state journeyman HVAC professional
6 28 certification examination.
6 29 (3) Provide the examining board with evidence of having
6 30 completed at least four years of practical HVAC experience.
6 31 After January 1, 2000, all four years of practical HVAC
6 32 experience shall be required to have been practical HVAC
6 33 experience gained as a result of being a certified HVAC
6 34 professional's apprentice.
6 35 c. Master HVAC professional. In order to be certified by
7 1 the department as a master HVAC professional, a person shall
7 2 do all of the following:
7 3 (1) File an application and pay an application fee as
7 4 established by the examining board, which application must
7 5 establish that the person meets the minimum educational and
7 6 experience requirements adopted by the examining board.
7 7 (2) Pass the state master HVAC professional certification
7 8 examination.
7 9 (3) Have previously been a certified journeyman HVAC
7 10 professional or must provide evidence to the examining board
7 11 that the person satisfies all requirements required to be
7 12 certified as a journeyman HVAC professional.
7 13 3. COMBINED PLUMBING AND HVAC PROFESSIONAL CERTIFICATIONS.
7 14 The department may issue a combined certificate to persons who
7 15 qualify for both a master plumber and master HVAC professional
7 16 certificate, both a journeyman plumber and journeyman HVAC
7 17 professional certificate, or both a plumber's apprentice and
7 18 HVAC professional's apprentice certificate. Alternatively, a
7 19 person may be certified by the department at one plumber level
7 20 and at a different HVAC professional level contemporaneously.
7 21 4. WAIVER OF TESTING REQUIREMENTS. The examining board
7 22 may waive the written examination requirements set forth in
7 23 this section for journeyman and master certificates if either
7 24 paragraph "a" or "b" applies.
7 25 a. The applicant meets both of the following:
7 26 (1) Has previously passed a written examination which the
7 27 examining board deems to be substantially similar to the
7 28 certification examination otherwise required by the examining
7 29 board to obtain the subject certificate.
7 30 (2) Has completed sixteen or more classroom hours of
7 31 continuing education instruction in courses or seminars which
7 32 have received the approval of the examining board within the
7 33 two-year period immediately preceding the date of the
7 34 submittal of the applicant's certification application.
7 35 b. The applicant meets both of the following:
8 1 (1) Can demonstrate to the satisfaction of the examining
8 2 board that the applicant has five or more years of experience
8 3 prior to the effective date of this chapter, in the plumbing
8 4 or HVAC business, or both combined, which experience must be
8 5 of a nature which the examining board deems to be sufficient
8 6 to demonstrate continuous professional competency consistent
8 7 with that expected of an individual who passes the applicable
8 8 certification examination which the applicant would otherwise
8 9 be required to pass.
8 10 (2) Has completed sixteen or more classroom hours of
8 11 continuing education instruction in courses or seminars which
8 12 have received the approval of the examining board within the
8 13 two-year period immediately preceding the date of the
8 14 submittal of the applicant's certification application.
8 15 Sec. 10. NEW SECTION. 542D.10 INSURANCE REQUIREMENTS.
8 16 1. A contractor with a master plumber certificate or
8 17 master HVAC professional certificate, or a renewal of such
8 18 certificate, shall furnish proof of financial responsibility
8 19 by showing the existence of a liability insurance policy,
8 20 including products liability, providing coverage in an amount
8 21 of not less than five hundred thousand dollars.
8 22 2. If the applicant is engaged in plumbing or HVAC
8 23 professional work individually through a sole proprietorship,
8 24 the applicant shall personally obtain the insurance required
8 25 by this section. If the applicant is otherwise engaged in the
8 26 plumbing or HVAC business, the applicant shall provide proof
8 27 of insurance coverage by the business.
8 28 3. The insurance shall be written by an insurer authorized
8 29 to engage in the business of insurance in this state and each
8 30 certified master plumber and certified master HVAC
8 31 professional shall maintain on file with the department a
8 32 certificate evidencing the insurance providing that the
8 33 insurance shall not be canceled without the insurer first
8 34 giving fifteen days written notice to the department.
8 35 4. The requirements of this section do not apply to either
9 1 of the following:
9 2 a. An individual or a contractor with a master plumber
9 3 certificate provided that the individual or contractor does
9 4 not engage in or contract for any plumbing work, except work
9 5 performed as a certified inspector for a political
9 6 subdivision.
9 7 b. An individual or a contractor with a master HVAC
9 8 professional certificate provided that the individual or
9 9 contractor does not engage in or contract for any mechanical
9 10 or HVAC work, except work performed as a certified inspector
9 11 for a political subdivision.
9 12 Sec. 11. NEW SECTION. 542D.11 RENEWAL OF CERTIFICATES.
9 13 1. A certificate issued under this chapter expires two
9 14 years from the date issued.
9 15 2. A certificate issued under this chapter may be renewed
9 16 as determined by the examining board upon application by the
9 17 certificate holder, without examination. Application for
9 18 renewal shall be made in writing to the department accompanied
9 19 by the required renewal certification fee at least thirty days
9 20 prior to the expiration date of the certificate.
9 21 3. The latest renewal certificate shall be displayed in
9 22 connection with the original certificate.
9 23 4. The department shall notify each certificate holder by
9 24 mail prior to the expiration of a certificate.
9 25 5. A plumbing or HVAC inspector currently employed by a
9 26 political subdivision shall receive a certificate, and any
9 27 renewal certificates, at no charge during the time of the
9 28 inspector's employment with the political subdivision.
9 29 6. A certificate holder who allows a certificate to lapse
9 30 for a period of one month or less, may reinstate and renew the
9 31 certificate without examination in accordance with
9 32 requirements adopted by the examining board and upon payment
9 33 of the renewal and reinstatement fees due.
9 34 7. A certificate holder who allows a certificate to lapse
9 35 by a period of time greater than one month is required to
10 1 retake and pass the applicable certification examination in
10 2 order to obtain reinstatement and renewal of the person's
10 3 certificate.
10 4 Sec. 12. NEW SECTION. 542D.12 RECIPROCAL CERTIFICATION.
10 5 The department may certify without examination nonresident
10 6 applicants who are certified under a plumbing or HVAC
10 7 professional certification statute of another state having
10 8 similar certification requirements as those set forth in this
10 9 chapter and the rules adopted pursuant to this chapter if the
10 10 other state grants the same reciprocal certification
10 11 privileges to residents of Iowa who have obtained a
10 12 certificate under this chapter.
10 13 Sec. 13. NEW SECTION. 542D.13 GROUNDS FOR CERTIFICATE
10 14 REVOCATION, SUSPENSION, OR DENIAL.
10 15 A certificate to practice as a plumber or HVAC professional
10 16 may be revoked, suspended, or denied by the examining board,
10 17 or a certificate holder may be otherwise disciplined in
10 18 accordance with this chapter, if the certificate holder is
10 19 guilty of any of the following:
10 20 1. Fraud in procuring a certificate.
10 21 2. Professional incompetency.
10 22 3. Knowingly making misleading, deceptive, untrue, or
10 23 fraudulent misrepresentations in the practice of the
10 24 profession or engaging in unethical conduct or practice
10 25 harmful or detrimental to the public, whether or not any
10 26 injury results.
10 27 4. Conviction of a felony related to the profession of the
10 28 certificate holder or the conviction of any felony that would
10 29 affect the certificate holder's ability to practice within the
10 30 profession. A copy of the record of conviction or plea of
10 31 guilty is conclusive evidence of such conviction.
10 32 5. Fraud in representations as to skill and ability.
10 33 6. Use of untruthful or improbable statements in
10 34 advertisements.
10 35 7. Willful or repeated violations of this chapter.
11 1 8. Aiding and abetting a person who is not certified
11 2 pursuant to this chapter in that person's pursuit of an
11 3 unauthorized or uncertified plumbing or HVAC professional
11 4 practice.
11 5 9. Any other such grounds or reasons as established by
11 6 rule adopted by the examining board.
11 7 Sec. 14. NEW SECTION. 542D.14 JURISDICTION OF REVOCATION
11 8 AND SUSPENSION PROCEEDINGS.
11 9 The examining board shall have exclusive jurisdiction of
11 10 all proceedings to revoke or suspend a certificate issued
11 11 pursuant to this chapter. The examining board may initiate
11 12 proceedings under this chapter either on its own motion or on
11 13 the complaint of any person. Before scheduling a hearing, the
11 14 examining board may request the department to conduct an
11 15 investigation into the charges to be addressed at the
11 16 examining board hearing. The department shall report its
11 17 findings to the examining board.
11 18 Sec. 15. NEW SECTION. 542D.15 NOTICE – DEFAULT –
11 19 HEARING.
11 20 1. The examining board shall provide for notice and
11 21 hearing pursuant to chapter 17A.
11 22 2. If, after having been served with the notice of
11 23 hearing, the certificate holder fails to appear at the hearing
11 24 and defend, the examining board may proceed to hear evidence
11 25 against the certificate holder and may enter such order as is
11 26 justified by the evidence.
11 27 3. A decision of the examining board shall be by a
11 28 majority vote of its members. The decision of the examining
11 29 board shall be entered of record and, if the decision involves
11 30 the revocation or suspension of a certificate, the certificate
11 31 holder shall not engage in the practice of the certificate
11 32 holder's profession after the certificate is revoked or during
11 33 the time for which it is suspended.
11 34 4. Judicial review of the board's action may be sought in
11 35 accordance with chapter 17A.
12 1 Sec. 16. NEW SECTION. 542D.16 ADVERTISING.
12 2 1. A person shall not advertise or hold oneself out to the
12 3 public as a certified plumber or certified HVAC professional
12 4 unless such person is certified pursuant to this chapter.
12 5 2. All advertisements distributed within this state by a
12 6 person who is engaged in the business of designing,
12 7 installing, or repairing plumbing or HVAC systems must include
12 8 the listing of at least one master plumber or master HVAC
12 9 professional certificate number, as applicable. A master
12 10 plumber or a master HVAC professional shall not allow the use
12 11 of such certificate number in connection with the advertising
12 12 of more than one person engaged in the business of designing,
12 13 installing, or repairing plumbing or HVAC systems.
12 14 3. A person who engages in the business of designing,
12 15 installing, or repairing plumbing or HVAC systems must display
12 16 at least one master plumber certificate or master HVAC
12 17 professional certificate number, as applicable, on all of the
12 18 person's motor vehicles.
12 19 4. A person who falsely claims to be a certified plumber
12 20 or certified HVAC professional pursuant to this chapter,
12 21 either in writing or in other communications, is guilty of a
12 22 simple misdemeanor.
12 23 5. A person who falsely lists a master plumber or master
12 24 HVAC professional certificate number in connection with that
12 25 person's advertising, or falsely displays a master plumber or
12 26 master HVAC professional certificate number on that person's
12 27 service vehicles is guilty of a simple misdemeanor. In order
12 28 to be entitled to use a certificate number of a master plumber
12 29 or master HVAC professional, the master plumber or master HVAC
12 30 professional must be employed by the person in whose name the
12 31 business of designing, installing, or repairing plumbing or
12 32 HVAC systems is being conducted.
12 33 Sec. 17. NEW SECTION. 542D.17 STATE PLUMBING AND HVAC
12 34 EXAMINING BOARD.
12 35 1. A state plumbing and HVAC professional examining board
13 1 is created for the purpose of giving examinations to
13 2 applicants for plumbing and HVAC professional certification
13 3 and for the other purposes set forth in this chapter. Members
13 4 of the examining board shall be appointed by the governor,
13 5 subject to confirmation by the senate, and shall be
13 6 representative of all areas of the state.
13 7 2. The examining board shall consist of seven voting
13 8 members as follows:
13 9 a. Two public members who do not possess certificates
13 10 issued under this chapter and who represent the general
13 11 public.
13 12 b. An HVAC or plumbing inspector employed by a political
13 13 subdivision to perform HVAC or plumbing inspections and who is
13 14 qualified by a certification body recognized by the board.
13 15 c. An individual certified as a journeyman plumber
13 16 pursuant to this chapter.
13 17 d. An individual certified as a master plumber pursuant to
13 18 this chapter.
13 19 e. An individual certified as a journeyman HVAC
13 20 professional pursuant to this chapter.
13 21 f. An individual certified as a master HVAC professional
13 22 pursuant to this chapter.
13 23 3. The terms of the two members appointed under subsection
13 24 2, paragraphs "c" and "d", shall expire on the same date, and
13 25 one of such members shall at all times while serving on the
13 26 examining board be affiliated with a labor union and one shall
13 27 at all times while serving on the examining board not be
13 28 affiliated with a labor union. The terms of the two members
13 29 appointed pursuant to subsection 2, paragraphs "e" and "f",
13 30 shall expire on the same date, and one of such members shall
13 31 at all times while serving on the examining board be
13 32 affiliated with a labor union and one shall at all times while
13 33 serving on the examining board not be affiliated with a labor
13 34 union.
13 35 4. Members shall serve three-year staggered terms as
14 1 designated by the governor consistent with this section and
14 2 appointments to the board are subject to the requirements of
14 3 sections 69.16, 69.16A, and 69.19. A member of the examining
14 4 board shall serve no more than three full terms, or nine
14 5 years.
14 6 5. A quorum shall consist of a majority of the members of
14 7 the examining board.
14 8 6. Any vacancy in the membership of the examining board
14 9 shall be filled in the same manner as provided for other
14 10 appointments.
14 11 7. Members shall elect a chairperson and vice chairperson
14 12 annually and other officers as they determine.
14 13 8. Members of the examining board shall receive a per diem
14 14 as specified in section 7E.6 for each day spent in performance
14 15 of duties as members and shall be reimbursed for all actual
14 16 and necessary expenses incurred in the performance of duties
14 17 as members.
14 18 9. If a person who has been appointed by the governor to
14 19 serve on the examining board has ever been disciplined in a
14 20 contested case by the examining board, all examining board
14 21 complaints and statements of charges, settlement agreements,
14 22 findings of fact, and orders pertaining to the disciplinary
14 23 action shall be made available to the senate committee to
14 24 which the appointment is referred at the committee's request
14 25 before confirmation by the senate.
14 26 Sec. 18. NEW SECTION. 542D.18 EXAMINATION INFORMATION.
14 27 1. The public members of the examining board shall be
14 28 allowed to participate in administrative, clerical, and
14 29 ministerial functions incident to giving examinations, but
14 30 shall not participate in the examining board's determination
14 31 of the contents of the examinations or the correctness of
14 32 answers to the examinations. A member of the examining board
14 33 shall not disclose information relating to any of the
14 34 following:
14 35 a. Criminal history or prior misconduct of an applicant.
15 1 b. Information relating to the contents of an examination.
15 2 c. Information relating to an examination result other
15 3 than final score except for information about the results of
15 4 an examination which is given to the person who took the
15 5 examination.
15 6 2. A member of the examining board who willfully
15 7 communicates, or seeks to communicate, such information to any
15 8 person who willfully requests, obtains, or seeks to obtain
15 9 such information, is guilty of a simple misdemeanor.
15 10 Sec. 19. NEW SECTION. 542D.19 BOARD ATTACHED TO
15 11 DEPARTMENT.
15 12 The examining board shall be attached to the department of
15 13 commerce for administrative purposes.
15 14 Sec. 20. NEW SECTION. 542D.20 NATIONAL ORGANIZATION.
15 15 The examining board may maintain a membership in any
15 16 national organization of state examining boards for the
15 17 professions of plumbing and HVAC professionals, with all
15 18 membership fees to be paid from funds appropriated to the
15 19 examining board.
15 20 Sec. 21. NEW SECTION. 542D.21 GENERAL DUTIES OF
15 21 EXAMINING BOARD.
15 22 1. The examining board shall adopt rules pursuant to
15 23 chapter 17A necessary to carry out the certification and other
15 24 provisions of this chapter.
15 25 2. As a guideline, the examining board shall require all
15 26 certificate holders, as appropriate, to follow the uniform
15 27 plumbing code adopted by the Iowa department of public health
15 28 pursuant to section 135.11.
15 29 3. The examining board is responsible for establishing the
15 30 continuing education requirements of certificate holders and
15 31 for monitoring certificate holders' compliance with the
15 32 requirements. The basic continuing education requirement for
15 33 renewal of a certificate shall be the completion, during the
15 34 immediately preceding certificate term, of the number of
15 35 classroom hours of instruction required by the examining board
16 1 in courses or seminars which have received the approval of the
16 2 examining board. The examining board shall require at a
16 3 minimum sixteen classroom hours of instruction during each
16 4 two-year certification term.
16 5 4. The examining board is responsible for hearing any
16 6 appeals brought pursuant to a decision made by a political
16 7 subdivision plumbing or HVAC inspector. All certificate
16 8 holders shall have an automatic right of appeal to the
16 9 examining board with respect to any adverse decision rendered
16 10 against the certified professional by a political subdivision.
16 11 Sec. 22. NEW SECTION. 542D.22 APPLICATIONS FOR
16 12 EXAMINATIONS.
16 13 A person desiring to take an examination for a certificate
16 14 issued pursuant to this chapter shall make application to the
16 15 examining board at least fifteen days before the examination,
16 16 on a form provided by the examining board. The application
16 17 shall be accompanied by the examination fee and such documents
16 18 and affidavits as are necessary to show the eligibility of the
16 19 candidate to take the examination. All applications shall be
16 20 in accordance with the rules of the examining board and shall
16 21 be signed by the applicant.
16 22 Sec. 23. NEW SECTION. 542D.23 EXAMINATIONS.
16 23 Examinations for a certificate issued pursuant to this
16 24 chapter shall be conducted at least two times per year at such
16 25 times and locations as the examining board may fix. An
16 26 applicant who fails to pass an examination shall be allowed to
16 27 retake the examination at the next scheduled time. An
16 28 applicant who has failed an examination may request in writing
16 29 information from the examining board concerning the
16 30 examination grade and subject areas or questions where the
16 31 applicant failed to answer correctly, except that if the
16 32 examining board administers a uniform, standardized
16 33 examination, the examining board shall only be required to
16 34 provide the examination grade and such other information
16 35 concerning the applicant's examination results which are
17 1 available to the examining board.
17 2 Sec. 24. NEW SECTION. 542D.24 EXAMINATION RULES.
17 3 The examining board shall adopt rules relating to an
17 4 examination offered pursuant to section 542D.23 as follows:
17 5 1. The qualifications of an applicant seeking to take an
17 6 examination, which qualifications shall include a requirement
17 7 that all applicants who are contractors must be required to
17 8 show their state contractor registration number as a condition
17 9 precedent for qualifying to take an examination.
17 10 2. The denial of an applicant seeking to take an
17 11 examination.
17 12 3. The offering of an examination. The examining board
17 13 shall provide that a political subdivision, pursuant to the
17 14 board's rules, may offer an examination for individuals
17 15 seeking to be certified under this chapter.
17 16 4. The grading of an examination and passing upon the
17 17 technical qualifications of an applicant, as shown by the
17 18 examination.
17 19 5. The minimum score required for passing the standardized
17 20 examination, which shall in no case be less than seventy-five
17 21 percent.
17 22 Sec. 25. NEW SECTION. 542D.25 CERTIFICATION OF
17 23 APPLICANTS.
17 24 Every examination shall be passed upon in accordance with
17 25 the established rules of the examining board. After each
17 26 examination, the examining board shall certify the names of
17 27 the successful applicants to the department in the manner
17 28 prescribed by the examining board. The department shall then
17 29 issue the proper certificate and record the certificate
17 30 pursuant to section 542D.7.
17 31 Sec. 26. NEW SECTION. 542D.26 FEES.
17 32 1. The examining board shall set the fees for the
17 33 examination of all applicants, which fees shall be based upon
17 34 the cost of administering the examinations.
17 35 2. The examining board shall set the certification fees
18 1 and renewal fees for all certificates issued pursuant to this
18 2 chapter based upon the costs of sustaining the examining board
18 3 and the actual costs of certification.
18 4 3. All fees adopted by the examining board shall be paid
18 5 to the treasurer of state and shall be deposited into a
18 6 separate fund within the state treasury under the control of
18 7 the examining board. Moneys in the fund are appropriated to
18 8 and shall be used by the examining board to fund the
18 9 activities and operations of the examining board.
18 10 4. This chapter does not prohibit the state or any of its
18 11 political subdivisions from charging construction permit fees
18 12 or inspection fees related to work performed by plumbers and
18 13 HVAC professionals.
18 14 Sec. 27. NEW SECTION. 542D.27 INJUNCTION.
18 15 A person engaging in any business or in the practice of any
18 16 profession for which a certificate is required by this chapter
18 17 without such certificate may be restrained by permanent
18 18 injunction.
18 19 Sec. 28. NEW SECTION. 542D.28 PENALTIES.
18 20 1. A person violating any provision of this chapter, where
18 21 a specific penalty is not otherwise provided, is guilty of a
18 22 serious misdemeanor.
18 23 2. A person who files or attempts to file with the
18 24 department or examining board any false or forged diploma, or
18 25 certificate or affidavit of identification or qualification,
18 26 is guilty of a fraudulent practice.
18 27 3. A person who presents to the department a diploma or
18 28 certificate of which the person is not the rightful owner, for
18 29 the purpose of procuring a certificate pursuant to this
18 30 chapter, or who falsely impersonates anyone to whom a
18 31 certificate has been issued by the department is guilty of a
18 32 serious misdemeanor.
18 33 Sec. 29. NEW SECTION. 542D.29 ENFORCEMENT.
18 34 The department shall enforce this chapter and may request
18 35 the department of inspections and appeals to make necessary
19 1 investigations. Every certificate holder and member of the
19 2 examining board shall furnish the department or the department
19 3 of inspections and appeals such evidence as the member or
19 4 certificate holder may possess relative to any alleged
19 5 violation which is being investigated.
19 6 Sec. 30. NEW SECTION. 542D.30 REPORT OF VIOLATORS.
19 7 Every certificate holder and every member of the examining
19 8 board shall report to the department the name of every person
19 9 who is practicing as a plumber or HVAC professional without a
19 10 certificate issued pursuant to this chapter pursuant to the
19 11 knowledge or reasonable belief of the person making the
19 12 report.
19 13 Sec. 31. NEW SECTION. 542D.31 ENFORCEMENT BY ATTORNEY
19 14 GENERAL AND COUNTY ATTORNEY.
19 15 Upon request of the department, the attorney general may
19 16 institute proper proceedings against any person charged by the
19 17 department with violating this chapter and the county attorney
19 18 of the county in which such action is brought shall, at the
19 19 request of the attorney general, appear and prosecute such
19 20 action.
19 21 EXPLANATION
19 22 This bill creates new Code chapter 542D related to the
19 23 certification of plumbers and heat, ventilation, and air
19 24 conditioning professionals.
19 25 New Code section 542D.1 establishes the title of the new
19 26 chapter as the "Iowa Plumber and HVAC Professional
19 27 Certification Act".
19 28 New Code section 542D.2 sets forth the definition of key
19 29 terms used in the chapter.
19 30 New Code section 542D.3 provides generally that a person
19 31 shall not engage in the business of installing or repairing
19 32 plumbing or HVAC systems unless the person is certified or
19 33 employs a person who is certified pursuant to this chapter.
19 34 New Code section 542D.4 establishes exemptions to the
19 35 certification requirement contained in section 542D.3.
20 1 New Code section 542D.5 provides that the examining board
20 2 may consider an applicant's criminal records and may require
20 3 character references as part of the certification process.
20 4 New Code section 542D.6 provides that the certificate
20 5 granted under the chapter is to be in the form of a
20 6 certificate under the seal of the department of commerce.
20 7 New Code section 542D.7 provides that the department of
20 8 commerce is to maintain a book of certificates issued
20 9 indicating the name, location, number of years of practice of
20 10 the person to whom the certificate is issued, the number of
20 11 the certificate, and the date of registration of the
20 12 certificate.
20 13 New Code section 542D.8 provides that a person certified
20 14 under this chapter is to notify the department of commerce of
20 15 a change of residence or place of business.
20 16 New Code section 542D.9 establishes the types of
20 17 certificates to be issued including a plumber's apprentice,
20 18 journeyman plumber, master plumber, HVAC professional's
20 19 apprentice, journeyman HVAC professional, master HVAC
20 20 professional, and combined plumbing and HVAC professional.
20 21 New Code section 542D.10 provides that a person engaged in
20 22 plumbing or HVAC must maintain proof of financial
20 23 responsibility in an amount of not less than $500,000.
20 24 New Code section 542D.11 establishes a procedure for the
20 25 renewal of a certificate.
20 26 New Code section 542D.12 provides that a nonresident
20 27 applicant may be certified without examination if the person
20 28 is certified under a similar statute in the person's state of
20 29 residence, and the other state would grant the same privilege
20 30 to an Iowa resident.
20 31 New Code section 542D.13 sets forth the grounds upon which
20 32 a certificate may be revoked, suspended, or denied.
20 33 New Code section 542D.14 provides that the examining board
20 34 has exclusive jurisdiction of a proceeding to revoke or
20 35 suspend a certificate issued pursuant to this chapter.
21 1 New Code section 542D.15 establishes the procedure for a
21 2 hearing conducted by the examining board.
21 3 New Code section 542D.16 sets forth requirements for
21 4 advertisements by a person engaged in the business of
21 5 designing, installing, or repairing plumbing or HVAC systems.
21 6 New Code section 542D.17 creates the state plumbing and
21 7 HVAC examining board which consists of seven voting members to
21 8 be appointed by the governor, subject to senate confirmation.
21 9 New Code section 542D.18 provides that the public members
21 10 of the examining board are to be allowed to participate in
21 11 administrative, clerical, and ministerial functions incident
21 12 to giving the examinations, but are not to participate in the
21 13 development or scoring of the examination.
21 14 New Code section 542D.19 provides that the examining board
21 15 is to be attached to the department of commerce for
21 16 administrative purposes.
21 17 New Code section 542D.20 provides that the examining board
21 18 may maintain a membership in a national organization of state
21 19 examining boards.
21 20 New Code section 542D.21 establishes the general duties of
21 21 the examining board.
21 22 New Code section 542D.22 provides that a person must make
21 23 application to the examining board at least 15 days prior to
21 24 the date the examination is to be given.
21 25 New Code section 542D.23 provides that an examination must
21 26 be conducted at least two times per year.
21 27 New Code section 542D.24 provides that the examining board
21 28 is to adopt rules relating to the offering of the exam
21 29 including an applicant's qualifications, denial of an
21 30 applicant, the offering of the exam, the grading of the exam,
21 31 and the required minimum score.
21 32 New Code section 542D.25 provides that the department of
21 33 commerce is to issue a certificate to each successful
21 34 applicant and record the issuance of the certificate.
21 35 New Code section 542D.26 provides that the examining board
22 1 is to set the fee for the examination of applicants, and the
22 2 certification and renewal fees.
22 3 New Code section 542D.27 provides that an injunction may be
22 4 issued against an uncertificated person engaged in any
22 5 business for which a certificate is required.
22 6 New Code section 542D.28 establishes various penalties for
22 7 a person violating a provision of the chapter.
22 8 New Code section 542D.29 provides that the department of
22 9 commerce may request the department of inspections and appeals
22 10 to make any necessary investigations.
22 11 New Code section 542D.30 requires a certificate holder or a
22 12 member of the examining board to report an uncertificated
22 13 person engaged in any business for which a certificate is
22 14 required under this chapter.
22 15 New Code section 542D.31 provides that the attorney general
22 16 may institute proceedings against a person violating a
22 17 provision of this chapter.
22 18 LSB 1922SC 77
22 19 mj/sc/14
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