CHAPTER 27
PLUMBING AND MECHANICAL SYSTEMS BOARD—ADMINISTRATIVE AND REGULATORY AUTHORITY
641—27.1(17A,105) Definitions. For purposes of this chapter, the following definitions apply:
“Board” means the plumbing and mechanical systems board.
“Board office” means the office of the administrative staff.
“Department” means the department of public health.
“Disciplinary proceeding” means any proceeding under the authority of the board pursuant to which licensee discipline may be imposed.
“License” means a license to operate as a contractor or work in the plumbing, HVAC, refrigeration, or hydronic disciplines or work as a certified medical gas system installer or work in the specialty license disciplines developed by the board.
“Licensee” means a person or entity licensed to operate as a contractor or work in the plumbing, HVAC, refrigeration, or hydronic disciplines or work as a certified medical gas system installer or work in the specialty license disciplines developed by the board.
[ARC 8528B, IAB 2/24/10, effective 1/26/10]
641—27.2(17A,105,83GA,ch151) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A and 105 with regard to the licensing and regulation of plumbers, mechanical professionals, and contractors. The mission of the board is to protect the public health, safety and welfare by licensing qualified individuals who provide services to consumers and by fair and consistent enforcement of the statutes and regulations of the licensure board. Responsibilities include, but are not limited to:
	27.2(1) Licensing of qualified applicants to operate as a contractor or work in the plumbing, HVAC, refrigeration, or hydronic disciplines or work as a certified medical gas system installer or work in the specialty license disciplines developed by the board by examination, renewal, endorsement, and reciprocity.
	27.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.
	27.2(3) Imposing discipline on licensees as provided by statute or rule.
[ARC 8528B, IAB 2/24/10, effective 1/26/10]
641—27.3(17A,105) Organization of board and proceedings.
	27.3(1) The board shall be composed of 11 members appointed by the governor. The board members identified in subrule 27.3(2), paragraphs “c” to “i,” are subject to confirmation by the senate.
	27.3(2) The members of the board shall include:
	a. 	The director of public health or the director’s designee;
	b. 	The commissioner of public safety or the commissioner’s designee;
	c. 	One plumbing inspector;
	d. 	One mechanical inspector;
	e. 	One contractor who works primarily in rural areas;
	f. 	One individual licensed as a journeyperson plumber pursuant to the provisions of Iowa Code chapter 105 or, for the initial membership of the board, an individual eligible for such licensure;
	g. 	One individual working as a plumbing contractor and licensed as a master plumber pursuant to the provisions of Iowa Code chapter 105 or, for the initial membership of the board, an individual eligible for such licensure;
	h. 	Two individuals licensed as journeyperson mechanical professionals pursuant to the provisions of Iowa Code chapter 105 or, for the initial membership of the board, two individuals eligible for such licensure; and
	i. 	Two individuals licensed as master mechanical professionals pursuant to the provisions of Iowa Code chapter 105 or, for the initial membership of the board, two individuals eligible for such licensure. One of these individuals shall be a mechanical systems contractor.
	27.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.
	27.3(4) The board shall hold at least four meetings annually.
	27.3(5) A majority of the members of the board shall constitute a quorum.
	27.3(6) Board meetings shall be governed in accordance with Iowa Code chapter 21, and the board’s proceedings shall be conducted in accordance with Robert’s Rules of Order, Revised.
	27.3(7) The department shall furnish the board with the necessary facilities and employees to perform the duties required by this chapter but shall be reimbursed for all costs incurred from funds appropriated to the board and subsequent fees from licensing activities.
	27.3(8) The board has the authority to:
	a. 	Develop and implement a program of continuing education to ensure the continued competency of individuals licensed by the board.
	b. 	Establish fees.
	c. 	Establish committees of the board, the members of which shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons.
	d. 	Hold a closed session if the board votes to do so in a public roll-call vote with an affirmative vote of at least two-thirds if the total board is present or a unanimous vote if fewer are present. The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. The board shall keep minutes of all discussion, persons present, and action occurring at a closed session and shall tape-record the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection.
	e. 	Investigate alleged violations of statutes or rules that relate to operation as a contractor; work in the plumbing, HVAC, refrigeration, or hydronic disciplines; work as a certified medical gas system installer; or work in the specialty license disciplines developed by the board upon receipt of a complaint or upon the board’s own initiation. The investigation will be based on information or evidence received by the board.
	f. 	Initiate and impose licensee discipline.
	g. 	Monitor licensees that are restricted by a board order.
	h. 	Perform any other functions authorized by a provision of law.
[ARC 8528B, IAB 2/24/10, effective 1/26/10]
641—27.4(17A,105) Official communications.
	27.4(1) All official communications, including submissions and requests, may be addressed to the Plumbing and Mechanical Systems Board, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075.
	27.4(2) Notice of change of address. Each licensee and licensed entity shall notify the board of a change of the current mailing address within 30 days after the occurrence.
	27.4(3) Notice of change of name. Each licensee shall notify the board in writing of a change of name within 30 days after the occurrence.
[ARC 8528B, IAB 2/24/10, effective 1/26/10]
641—27.5(17A,105) Office hours. The board office is open for public business from 8 a.m.	to 4:30 p.m., Monday to Friday of each week, except holidays.
641—27.6(21) Public meetings. Members of the public may be present during board meetings unless the board votes to hold a closed session. Dates and location of board meetings may be obtained through the Iowa department of public health’s Web site (http://www.idph.state.ia.us) or directly from the board office.
	27.6(1) At every regularly scheduled board meeting, time will be designated for public comment. During the public comment period, any person may speak for up to two minutes. Any additional time allowances will be at the discretion of the chairperson or acting chairperson.
	27.6(2) Persons who have not asked to address the board during the public comment period may raise their hands to be recognized by the chairperson. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.
	27.6(3) The person presiding at a meeting of the board may exclude a person from an open meeting for behavior that obstructs the meeting.
	27.6(4) Cameras and recording devices may be used at open meetings, provided the cameras or recording devices do not obstruct the meeting. If the user of a camera or recording device obstructs the meeting by the use of such device, the person presiding at the meeting may request the user to discontinue use of the camera or device.
[ARC 8528B, IAB 2/24/10, effective 1/26/10]
These rules are intended to implement Iowa Code chapters 17A and 105.
[Filed 10/17/08, Notice 9/10/08—published 11/5/08, effective 12/10/08]
[Filed Emergency After Notice ARC 8528B (Notice ARC 8360B, IAB 12/2/09), IAB 2/24/10, effective 1/26/10]