CHAPTER 23
PLUMBING AND MECHANICAL SYSTEMS BOARD—LICENSEE PRACTICE
This rule is intended to implement Iowa Code sections 105.10, 105.14, 105.16, 105.18, 105.19 and 105.20.
[ARC 1218C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17]
641—23.2(105) Duties of all licensees, specialty licensees, and certificate holders.
	23.2(1) While conducting business or performing work covered under Iowa Code chapter 105, each licensee must keep a copy of the licensee’s board-issued, wallet-sized licensing identification card issued under Iowa Code section 105.12(2) on the licensee’s person or in an easily retrievable area at the work site.
	23.2(2) Each licensee must maintain a residential or business address on record with the board. In the event the licensee’s residential or business address changes, the licensee shall so notify the board.
	23.2(3) Each licensee shall apply for and obtain all applicable permits prior to performing any work covered under Iowa Code chapter 105 as may be required by any law, ordinance, or regulation of this state, or a political subdivision therein.
	23.2(4) A licensee shall present upon request a copy of the licensee’s board-issued, wallet-sized license identification card issued under Iowa Code section 105.12(2).
	23.2(5) A licensee possessing a lapsed license may not operate as a contractor or work in the plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic disciplines or work as a medical gas system installer or work in a specialty license discipline until the license is reinstated and renewed.
	23.2(6) Each licensee shall perform all Iowa Code chapter 105-covered work in conformity with the applicable professional code.
	23.2(7) A licensee shall not perform any Iowa Code chapter 105-covered work for which the licensee does not possess the requisite license.
	23.2(8) A licensee shall conform to the minimum standard of acceptable and prevailing practice and shall exercise the degree of workmanlike care which is ordinarily exercised by the average licensee in the applicable trade acting in the same or similar circumstances.
	23.2(9) A licensee who utilizes the services of an unlicensed person as a helper shall be responsible for the work performed by the helper and shall ensure that such work conforms to the minimum standard of acceptable and prevailing practice.
This rule is intended to implement Iowa Code sections 105.10, 105.14, 105.16, 105.18 and 105.19.
[ARC 1218C, IAB 12/11/13, effective 5/1/14]
641—23.3(105) Contractor license. A contractor licensed under Iowa Code chapter 105 shall adhere to the following requirements, the violation of which may give rise to disciplinary action:
	23.3(1) Master license requirement. A contractor shall not engage in the business of designing, installing, or repairing plumbing, mechanical, HVAC-refrigeration, or hydronic systems unless at all times the contractor holds or employs at least one person holding an active master license issued by the board for each discipline in which the contractor conducts business. Without prior board approval, a contractor shall not knowingly utilize a master licensee to meet this requirement if the master licensee is simultaneously associated with another contractor in that discipline.
	a. 	Notwithstanding subrule 23.3(1), in the event a licensed master of record’s employment with the contractor is terminated, or the master of record otherwise discontinues the master of record’s relationship with the contractor, or the master of record’s master license is lapsed, suspended, revoked, expired, or otherwise invalidated, the contractor may continue to provide plumbing, mechanical, HVAC-refrigeration, or hydronic systems services for a period of up to six months without identifying a new master of record.
	b. 	To utilize the six-month grace period set forth in paragraph 23.3(1)“a,” a contractor must notify the board of the contractor’s loss of the master of record within 30 days from the date the master of record is no longer associated with the contractor, absent exigent circumstances.
	23.3(2) Display of license. A person holding a contractor license shall keep the current license certificate publicly displayed in the primary place in which the person practices.
	23.3(3) Surety bond. A person or entity holding a contractor license must maintain during the licensing period a surety bond issued by an entity licensed to do business in Iowa in a minimum amount of $5,000. If a person operates the contractor business as a sole proprietorship, the person must personally obtain and maintain the surety bond. If a person operates the contractor business as an employee or owner of a legal entity, the legal entity must obtain and maintain the surety bond, and the surety bond must cover all plumbing or mechanical work performed by the legal entity. The surety bond required under this subrule must contain a provision that requires the issuing entity to provide the board ten days’ written notice before the surety bond can be canceled.
	23.3(4) Public liability insurance. A person or entity holding a contractor license must maintain during the licensing period public liability insurance issued by an entity licensed to do business in Iowa in a minimum amount of $500,000. If a person operates the contractor business as a sole proprietorship, the person must personally obtain and maintain the public liability insurance. If a person operates the contractor business as an employee or owner of a legal entity, the legal entity must obtain and maintain the public liability insurance, and the public liability insurance must cover all plumbing and mechanical work performed by the legal entity. The public liability insurance required under this subrule must contain a provision that requires the issuing entity to provide the board ten days’ written notice before the public liability insurance can be canceled.
	23.3(5) Contractor registration with the labor commissioner. Through June 30, 2017, a contractor must maintain registration as a contractor with the labor commissioner pursuant to Iowa Code chapter 91C. Effective July 1, 2017, a contractor must maintain such registration by providing the board with the necessary information.
	23.3(6) Permanent place of business. A contractor must maintain a permanent place of business, the address of which must be provided to the board. If a contractor changes the permanent place of business, the contractor must provide the board the new address within 30 days of the change.
	23.3(7) Licensure requirement. A contractor shall not knowingly allow an employee to perform work covered under Iowa Code chapter 105 without the applicable license.
	23.3(8) Supervision. A contractor shall not knowingly allow an apprentice employed by the contractor to perform work covered under Iowa Code chapter 105 without supervision of the apprentice by a master or journeyperson who is also employed by the contractor and who is licensed in the discipline in which the apprentice is performing such work.
This rule is intended to implement Iowa Code sections 105.10, 105.14, 105.16, 105.18, 105.19 and 105.22.
[ARC 1218C, IAB 12/11/13, effective 5/1/14]
641—23.4(105) Master license. A master licensed under Iowa Code chapter 105 shall adhere to the following requirements, the violation of which may give rise to disciplinary action:
	23.4(1) Contractor relationship. A master may only be a master of record for one contractor in any particular discipline at any one time, except that a contractor or a master may seek prior board approval to serve as the master of record for more than one contractor in a particular discipline. An individual who possesses master licenses in multiple disciplines may be a master of record for multiple contractors so long as the individual is only a master of record for one contractor in any particular discipline at one time.
	23.4(2) Contractor. A master shall not knowingly perform work covered under Iowa Code chapter 105 for an unlicensed contractor.
	23.4(3) Supervision. A master who superintends the design, installation, or repair of plumbing, mechanical, HVAC-refrigeration, or hydronic systems shall be available to supervise journeypersons or apprentices as needed and may only provide such supervision in the discipline or disciplines in which the master is licensed. A master shall not knowingly supervise unlicensed persons who perform work covered under Iowa Code chapter 105 for which a board-issued license is required.
	23.4(4) Master of record. A master who serves as a master of record for a contractor and who disassociates from the contractor must notify the board and the contractor of the disassociation, if notice was not previously provided, within 30 days from the date of disassociation, absent exigent circumstances.
This rule is intended to implement Iowa Code section 105.22.
[ARC 1218C, IAB 12/11/13, effective 5/1/14]
641—23.5(105) Journeyperson license. A journeyperson licensed under Iowa Code chapter 105 shall adhere to the following requirements, the violation of which may give rise to disciplinary action:
	23.5(1) Working under supervision. A journeyperson must work under the supervision of a master licensed in the discipline of the work being performed in the design, installation, and repair of plumbing, mechanical, HVAC-refrigeration, or hydronic systems.
	23.5(2) Contractor. A journeyperson shall not knowingly perform work covered under Iowa Code chapter 105 for an unlicensed contractor.
	23.5(3) Supervision. A journeyperson who superintends one or more apprentices may only provide such supervision in the discipline(s) in which the journeyperson is licensed and only while performing work for the same contractor licensed under Iowa Code chapter 105. A journeyperson shall not knowingly supervise unlicensed persons who perform work covered under Iowa Code chapter 105 for which a board-issued license is required.
This rule is intended to implement Iowa Code sections 105.10, 105.14, 105.16, 105.18 and 105.19.
[ARC 1218C, IAB 12/11/13, effective 5/1/14]
641—23.6(105) Apprentice license. An apprentice licensed under Iowa Code chapter 105 shall adhere to the following requirements, the violation of which may give rise to disciplinary action:
	23.6(1) Working under supervision. An apprentice may only perform work covered under Iowa Code chapter 105 under the supervision of a master or journeyperson.
	23.6(2) Contractor. An apprentice shall not knowingly perform work covered under Iowa Code chapter 105 for an unlicensed contractor.
	23.6(3) Dual licensure as an apprentice prohibited. A licensee may not simultaneously possess both an active apprentice license and an active specialty license.
This rule is intended to implement Iowa Code section 105.22.
[ARC 1218C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17]
641—23.7(105) Specialty licenses and certifications.
	23.7(1) Medical gas certification.
	a. 	A person who possesses a medical gas certification and who performs medical gas brazing must maintain the person’s brazing continuity.
	b. 	A person who possesses a medical gas certification must maintain the person’s valid certification issued from the National Inspection Testing Certification (NITC) Corporation or an equivalent authority approved by the board.
	23.7(2) Hearth systems specialty license.
	a. 	A person who possesses a hearth systems specialty license must maintain the person’s valid certification issued from the National Fireplace Institute or equivalent authority approved by the board.
	b. 	A hearth systems specialty license allows a licensee to perform work in the installation of gas burning and solid fuel appliances that offer a decorative view of the flames, from the connector pipe to the shutoff valve located within three feet of the appliance. A hearth systems specialty license further allows for work in the venting systems associated with a hearth appliance, log lighters, gas log sets, fireplace inserts, and freestanding stoves. A hearth systems specialty license does not allow a licensee to install a shutoff valve or perform any other mechanical or HVAC-refrigeration work.
	c. 	A person possessing a hearth systems specialty license shall not perform Iowa Code chapter 105-covered work beyond the limited scope of the person’s specialty license, and shall not perform work within the limited scope of the person’s specialty license unless the person can conform to the minimum standard of acceptable and prevailing practice of a licensee performing such work.
	23.7(3) Service technician HVAC specialty license.
	a. 	A licensee who holds a service technician HVAC specialty license by demonstrating the licensee possesses a valid certification from North American Technical Excellence, Inc. or an equivalent authority approved by the board must maintain valid certification from North American Technical Excellence, Inc. or an equivalent authority approved by the board.
	b. 	A service technician HVAC specialty license allows a licensee to perform work from the appliance shutoff valve to the appliance and any part and component of the appliance, including the disconnection and reconnection of the existing appliance to the gas piping and the installation of a shutoff valve no more than three feet from the appliance. A service technician HVAC specialty license does not allow a licensee to perform any other mechanical or HVAC-refrigeration work.
	c. 	A person possessing a service technician HVAC specialty license shall not perform Iowa Code chapter 105-covered work beyond the limited scope of the person’s specialty license, and shall not perform work within the limited scope of the person’s specialty license unless the person can conform to the minimum standard of acceptable and prevailing practice of a licensee performing such work.
	23.7(4) Disconnect/reconnect plumbing technician specialty license.
	a. 	A disconnect/reconnect plumbing technician specialty license allows a licensee to perform work from the appliance shutoff valve or the fixture shutoff valve to the appliance or fixture and any part or component of the appliance or fixture, including the disconnection and reconnection of the existing appliance or fixture to the water or sewer piping and the installation of a shutoff valve no more than three feet from the appliance or fixture. A disconnect/reconnect plumbing technician specialty license does not allow a licensee to perform any other plumbing work.
	b. 	A person possessing a disconnect/reconnect plumbing technician specialty license shall not perform Iowa Code chapter 105-covered work beyond the limited scope of the person’s specialty license, and shall not perform work within the limited scope of the person’s specialty license unless the person can conform to the minimum standard of acceptable and prevailing practice of a licensee performing such work.
	23.7(5) Private school or college routine maintenance specialty license.
	a. 	A private school or college routine maintenance specialty license allows a licensee to perform routine maintenance within the scope of the licensee’s employment with a private school or college. For purposes of this subrule, “routine maintenance” shall mean 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 and strainers. Routine maintenance shall include emergency repairs. Routine maintenance does not include the replacement of furnaces, boilers, cooling appliances, or water heaters more than 100 gallons in size.
	b. 	A person possessing a private school or college routine maintenance specialty license shall not perform Iowa Code chapter 105-covered work beyond the limited scope of the person’s specialty license, and shall not perform work within the limited scope of the person’s specialty license unless the person can conform to the minimum standard of acceptable and prevailing practice of a licensee performing such work.
	23.7(6) Dual licensure as an apprentice prohibited. A licensee may not simultaneously possess both an active apprentice license and an active specialty license.
This rule is intended to implement Iowa Code section 105.22.
[ARC 1218C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17]
641—23.8(105) Inactive license.
	23.8(1) A person possessing an inactive license under 641—subrule 29.2(6) shall not perform any plumbing, mechanical, HVAC-refrigeration, sheet metal, or hydronic work for which licensure is required so long as the person’s license is held in inactive status.
	23.8(2) A person possessing an active journeyperson/inactive master license under 641—subrule 29.2(5) shall not perform any plumbing, mechanical, HVAC-refrigeration, or hydronic work for which a master license is required so long as the person’s master license is held in inactive status.
	23.8(3) Inactive specialty license.
	a. 	A person possessing an active specialty license under rule 641—23.7(105) must submit a written request to place the specialty license on inactive status in order to obtain an active apprentice license. The licensee must acknowledge that the licensee is unable to perform any work covered under Iowa Code chapter 105 outside of the apprenticeship program.
	b. 	Notwithstanding 641—subrule 28.1(3), a person possessing both an inactive specialty license and an active apprentice license is not required to pay a renewal fee for the inactive specialty license so long as the person remains actively licensed as an apprentice.
	c. 	Notwithstanding 641—subrule 30.2(2), a person possessing an inactive specialty license and an active apprentice license is not required to obtain any continuing education hours for renewal so long as the person remains actively licensed as an apprentice.
	d. 	A person possessing both an inactive specialty license and an active apprentice license may surrender the apprentice license and reactivate the specialty license upon written request and payment of the fee for an active specialty license in the amount specified in 641—Chapter 28.
This rule is intended to implement Iowa Code sections 105.20 and 105.22.
[ARC 1218C, IAB 12/11/13, effective 5/1/14; ARC 3061C, IAB 5/10/17, effective 6/14/17]
[Filed ARC 1218C (Notice ARC 0937C, IAB 8/7/13), IAB 12/11/13, effective 5/1/14]
[Filed ARC 3061C (Notice ARC 2903C, IAB 1/18/17), IAB 5/10/17, effective 6/14/17]