House File 2646 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2646
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR THE LICENSURE OF PERSONS INSTALLING FIRE
  1  5    PROTECTION SYSTEMS, PROVIDING FOR THE ESTABLISHMENT
  1  6    OF FEES, AND PROVIDING PENALTIES AND AN EFFECTIVE DATE.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 100C.6, Code Supplement 2007, is
  1 11 amended by adding the following new subsection:
  1 12    NEW SUBSECTION.  3.  Relieve any person engaged in fire
  1 13 sprinkler installation, maintenance, repair, service, or
  1 14 inspection as defined in section 100D.1 from obtaining a fire
  1 15 sprinkler installer or fire sprinkler maintenance worker as
  1 16 required pursuant to chapter 100D.
  1 17    Sec. 2.  NEW SECTION.  100D.1  DEFINITIONS.
  1 18    As used in this chapter, unless the context otherwise
  1 19 requires:
  1 20    1.  "Apprentice sprinkler fitter" means a person who, as a
  1 21 principal occupation, is engaged in learning the fire
  1 22 protection system industry trade under the direct supervision
  1 23 of a certified fire extinguishing system contractor or
  1 24 licensed fire sprinkler installer and maintenance worker and
  1 25 who is registered with the United States department of labor,
  1 26 office of apprenticeship.
  1 27    2.  "Department" means the department of public safety.
  1 28    3.  "Fire extinguishing system contractor" means a person
  1 29 or persons engaging in or representing oneself to the public
  1 30 as engaging in the activity or business of layout,
  1 31 installation, repair, service, alteration, addition, testing,
  1 32 maintenance, or maintenance inspection of automatic fire
  1 33 extinguishing systems in this state, as defined in section
  1 34 100C.1, and who is certified pursuant to chapter 100C.
  1 35    4.  "Fire protection system" means a sprinkler, standpipe,
  2  1 hose system, special hazard system, dry systems, foam systems,
  2  2 or any water=based fire protection system, either manual or
  2  3 automatically activated, used for fire protection purposes
  2  4 that is composed of an integrated system of underground and
  2  5 overhead piping connected to a water source.  For licensing
  2  6 purposes only "fire protection system" does not include the
  2  7 water service piping to a structure or building from a city
  2  8 water main.
  2  9    5.  "Fire protection system installation" means to set up
  2 10 or establish for use in an indicated space a fire protection
  2 11 system.
  2 12    6.  "Fire protection system maintenance" means to provide
  2 13 repairs, including all inspections and tests, required to keep
  2 14 a fire protection system and its component parts in an
  2 15 operative condition at all times, and the replacement of the
  2 16 system or its component parts when they become undependable or
  2 17 inoperable.
  2 18    7.  "Fire sprinkler installer and maintenance worker" means
  2 19 a person who, as a principal occupation, and having the
  2 20 necessary qualifications, training, experience, and technical
  2 21 knowledge, conducts fire protection system installation and
  2 22 maintenance, and who is licensed by the department.
  2 23    Sec. 3.  NEW SECTION.  100D.2  LICENSE REQUIRED.
  2 24    1.  A person shall not perform fire protection system
  2 25 installations or fire protection system maintenance without
  2 26 first obtaining a fire protection installer and maintenance
  2 27 worker license pursuant to this chapter.
  2 28    a.  An employee of a fire extinguishing system contractor
  2 29 working as an apprentice sprinkler fitter performing fire
  2 30 protection system installation or maintenance under the direct
  2 31 supervision of an on=site licensed fire sprinkler installer
  2 32 and maintenance worker is not required to obtain a fire
  2 33 sprinkler installer and maintenance worker license.
  2 34    b.  A person who installs or demolishes walls, ceilings,
  2 35 flooring, insulation, or associated materials or a person who
  3  1 demolishes sprinkler pipe is not subject to the provisions of
  3  2 this chapter except when the work involves a complete
  3  3 sprinkler system.
  3  4    2.  A licensed fire sprinkler installer and maintenance
  3  5 worker must be present at all locations and at all times when
  3  6 fire protection system installation work is being performed.
  3  7 At least one licensed fire sprinkler installer and maintenance
  3  8 worker must be present for every three apprentice sprinkler
  3  9 fitters, or any other employees performing work related to
  3 10 fire protection system installation.
  3 11    3.  Licenses are not transferable.  The lending, selling,
  3 12 giving, or assigning of any license or the obtaining of a
  3 13 license for any other person shall be grounds for revocation.
  3 14    4.  Licenses shall be issued for a two=year period, and may
  3 15 be renewed as established by the state fire marshal by rule.
  3 16    5.  An applicant for a license issued under this chapter,
  3 17 excluding an applicant for license renewal, shall be subject
  3 18 to a national criminal history check through the federal
  3 19 bureau of investigation.  The applicant shall provide
  3 20 fingerprints to the department of public safety for submission
  3 21 through the state criminal history repository to the federal
  3 22 bureau of investigation.  Fees for the national criminal
  3 23 history check shall be paid by the applicant.  The results of
  3 24 a criminal history check conducted pursuant to this subsection
  3 25 shall not be considered a public record under chapter 22.
  3 26    6.  On and after August 1, 2009, a governmental subdivision
  3 27 shall not issue a license to a person installing a fire
  3 28 protection system and shall not prohibit a person installing
  3 29 fire protection systems and licensed pursuant to this chapter
  3 30 from performing services for which that person is licensed
  3 31 pursuant to this chapter or enforce any licensing provisions
  3 32 promulgated by the governmental subdivision against a person
  3 33 licensed pursuant to this chapter.
  3 34    7.  A governmental subdivision that administers an
  3 35 inspection program relating to the installation of a fire
  4  1 protection system on July 31, 2009, may continue that
  4  2 inspection program.
  4  3    Sec. 4.  NEW SECTION.  100D.3  FIRE SPRINKLER INSTALLER AND
  4  4 MAINTENANCE WORKER LICENSE.
  4  5    The state fire marshal shall issue a fire sprinkler
  4  6 installer and maintenance worker license to an applicant who
  4  7 possesses a minimum of four years of employment experience as
  4  8 an apprentice sprinkler fitter and completed a United States
  4  9 department of labor apprenticeship program and is employed by
  4 10 a fire extinguishing system contractor, who either receives a
  4 11 passing score on the national inspection, testing, and
  4 12 certification star fire sprinkler mastery exam or on an
  4 13 equivalent exam from a nationally recognized third=party
  4 14 testing agency, or who is certified at level one by the
  4 15 national institute for certification in engineering
  4 16 technologies.  The holder of a fire sprinkler installer and
  4 17 maintenance worker license shall be responsible for license
  4 18 fees, renewal fees, and continuing education hours.
  4 19    Sec. 5.  NEW SECTION.  100D.4  INSURANCE AND SURETY BOND
  4 20 REQUIREMENTS.
  4 21    1.  An applicant for a fire sprinkler installer and
  4 22 maintenance worker license or renewal of an active license
  4 23 shall provide evidence of a public liability insurance policy
  4 24 and surety bond in an amount determined sufficient by the
  4 25 department by rule.
  4 26    2.  If the applicant is engaged in fire sprinkler installer
  4 27 and maintenance worker work individually through a business
  4 28 conducted as a sole proprietorship, the applicant shall
  4 29 personally obtain the insurance and surety bond required by
  4 30 this section.  If the applicant is engaged in the fire
  4 31 sprinkler installer and maintenance worker business as an
  4 32 employee or owner of a legal entity, then the insurance and
  4 33 surety bond required by this section shall be obtained by the
  4 34 entity and shall cover all fire sprinkler installer and
  4 35 maintenance worker work performed by the entity.
  5  1    3.  The insurance and surety bond shall be written by an
  5  2 entity licensed to do business in this state and each licensee
  5  3 shall maintain on file with the department a certificate
  5  4 evidencing the insurance providing that the insurance or
  5  5 surety bond shall not be canceled without the entity first
  5  6 giving fifteen days written notice to the department.
  5  7    Sec. 6.  NEW SECTION.  100D.5  ADMINISTRATION == RULES ==
  5  8 SUSPENSION AND REVOCATION.
  5  9    The state fire marshal shall do all of the following:
  5 10    1.  Adopt rules pursuant to chapter 17A necessary for the
  5 11 administration and enforcement of this chapter.
  5 12    2.  Revoke, suspend, or refuse any license granted pursuant
  5 13 to this chapter when the licensee fails or refuses to pay an
  5 14 examination, license, or renewal fee required by law or when
  5 15 the licensee is guilty of any of the following acts or
  5 16 omissions:
  5 17    a.  Fraud in procuring a license.
  5 18    b.  Professional incompetence.
  5 19    c.  Knowingly making misleading, deceptive, untrue, or
  5 20 fraudulent representations in the practice of the licensee's
  5 21 profession or engaging in unethical conduct or practice
  5 22 harmful or detrimental to the public.  Proof of actual injury
  5 23 need not be established.
  5 24    d.  Habitual intoxication or addiction to the use of drugs.
  5 25    e.  Conviction of a felony related to the profession or
  5 26 occupation of the licensee.  A copy or the record of
  5 27 conviction or plea of guilty shall be conclusive evidence.
  5 28    f.  Fraud in representation as to skill or ability.
  5 29    g.  Use of untruthful or improbable statements in
  5 30 advertisements.
  5 31    h.  Willful or repeated violations of the provisions of
  5 32 this chapter.
  5 33    3.  Adopt rules for continuing education requirements,
  5 34 which shall include, at a minimum, completion of sixteen
  5 35 credit hours of instruction per licensure period relating to
  6  1 updates in fire protection system installation and
  6  2 maintenance.
  6  3    4.  Adopt rules regarding license application forms,
  6  4 examination procedures, and license application and renewal
  6  5 fees.
  6  6    5.  Adopt rules specifying a violation reporting procedure
  6  7 applicable to division employees, deputy fire marshals,
  6  8 division inspectors, and municipal fire departments.
  6  9    Sec. 7.  NEW SECTION.  100D.6  PENALTIES.
  6 10    The state fire marshal may impose a civil penalty of up to
  6 11 five hundred dollars on any person who violates any provision
  6 12 of this chapter for each day a violation continues.  The state
  6 13 fire marshal may adopt rules necessary to enforce and collect
  6 14 any penalties imposed pursuant to this chapter.
  6 15    Sec. 8.  NEW SECTION.  100D.7  DEPOSIT AND USE OF MONEYS
  6 16 COLLECTED.
  6 17    1.  The state fire marshal shall set the license fees and
  6 18 renewal fees for all licenses issued pursuant to this chapter,
  6 19 by rule, based upon the actual costs of licensing.
  6 20    2.  All fees assessed pursuant to this chapter shall be
  6 21 retained as repayment receipts by the division of state fire
  6 22 marshal in the department of public safety and such fees
  6 23 received shall be used exclusively to offset the costs of
  6 24 administering this chapter.
  6 25    3.  Notwithstanding section 8.33, fees collected by the
  6 26 division of state fire marshal that remain unencumbered or
  6 27 unobligated at the close of the fiscal year shall not revert
  6 28 but shall remain available for expenditure for the purposes
  6 29 designated until the close of the succeeding fiscal year.
  6 30    Sec. 9.  NEW SECTION.  100D.8  TEMPORARY LICENSURE.
  6 31    1.  An applicant for licensure under this chapter as a fire
  6 32 sprinkler installer and maintenance worker who possesses a
  6 33 minimum of four years of experience as an apprentice sprinkler
  6 34 fitter and who has not successfully passed the licensure
  6 35 examination or achieved certification as required pursuant to
  7  1 section 100D.3 by August 1, 2009, shall be issued a temporary
  7  2 license as a fire sprinkler installer and maintenance worker
  7  3 for a period of sixty days commencing August 1, 2009.  A
  7  4 temporary license shall be granted upon presentation of
  7  5 satisfactory evidence to the department demonstrating
  7  6 experience and competency in conducting fire protection system
  7  7 installations and fire protection system maintenance according
  7  8 to criteria to be determined by the department in rule.  A
  7  9 temporary license shall not be renewed.
  7 10    2.  An applicant issued a temporary license pursuant to
  7 11 this section shall pass the licensure examination or achieve
  7 12 certification on or before February 1, 2010, in order to
  7 13 remain licensed as a fire sprinkler installer and maintenance
  7 14 worker.  A temporary license fee shall be established by the
  7 15 department by rule.  No temporary licenses will be issued
  7 16 after February 1, 2010.
  7 17    Sec. 10.  NEW SECTION.  100D.9  TRANSITION PROVISIONS.
  7 18    An applicant for licensure under this chapter, who is
  7 19 employed as a fire sprinkler installer and maintenance worker
  7 20 as of July 1, 2008, shall be issued a license upon
  7 21 presentation of satisfactory evidence to the department of at
  7 22 least eight thousand five hundred hours of experience as a
  7 23 fire sprinkler installer and maintenance worker and one of the
  7 24 following:
  7 25    1.  Presentation of a certificate of completion of a United
  7 26 States department of labor, office of apprenticeship,
  7 27 four=year or five=year apprenticeship program.
  7 28    2.  A passing score on the national inspection, testing and
  7 29 certification star fire sprinkler mastery exam or an
  7 30 equivalent exam from a nationally recognized third=party
  7 31 testing agency.
  7 32    3.  A passing score on the NICET level I examination.
  7 33    Sec. 11.  NEW SECTION.  100D.10  RECIPROCAL LICENSES.
  7 34    To the extent that another state provides for the licensing
  7 35 of fire sprinkler installers and maintenance workers or
  8  1 similar action, the state fire marshal may issue a fire
  8  2 sprinkler installer and maintenance worker license, without
  8  3 examination, to a nonresident fire sprinkler installer and
  8  4 maintenance worker who has been licensed by such other state
  8  5 for at least three years provided such other state grants the
  8  6 same reciprocal licensing privileges to residents of Iowa who
  8  7 have obtained a fire sprinkler installer and maintenance
  8  8 worker license upon payment by the applicant of the required
  8  9 fee and upon furnishing proof that the qualifications of the
  8 10 applicant are equal to the qualifications of holders of
  8 11 similar licenses in this state.
  8 12    Sec. 12.  NEW SECTION.  100D.11  APPLICABILITY.
  8 13    1.  The provisions of this chapter shall not be construed
  8 14 to apply to a person licensed as an engineer pursuant to
  8 15 chapter 542B who provides consultation or develops plans or
  8 16 other work concerning the installation or design of fire
  8 17 protection systems.
  8 18    2.  The provisions of this chapter shall not be construed
  8 19 to apply to a person employed full time as a custodian for a
  8 20 school corporation, hospital, or public facility, who performs
  8 21 fire sprinkler maintenance work involving no more than one
  8 22 sprinkler head or nozzle.
  8 23    Sec. 13.  NEW SECTION.  100D.12  LOCAL LICENSING
  8 24 PROVISIONS.
  8 25    On and after August 1, 2009, a governmental subdivision
  8 26 shall not prohibit a person licensed pursuant to this chapter
  8 27 from performing services for which that person is licensed
  8 28 pursuant to this chapter or enforce any additional licensing
  8 29 provisions promulgated by the governmental subdivision against
  8 30 a person licensed pursuant to this chapter.
  8 31    Sec. 14.  Section 272C.1, subsection 6, Code Supplement
  8 32 2007, is amended by adding the following new paragraph:
  8 33    NEW PARAGRAPH.  ae.  The department of public safety, in
  8 34 licensing fire sprinkler installers and maintenance workers
  8 35 pursuant to chapter 100D.
  9  1    Sec. 15.  Section 272C.3, subsection 2, paragraph a, Code
  9  2 Supplement 2007, is amended to read as follows:
  9  3    a.  Revoke a license, or suspend a license either until
  9  4 further order of the board or for a specified period, upon any
  9  5 of the grounds specified in section 100D.5, 147.55, 148.6,
  9  6 148B.7, 152.10, 153.34, 154A.24, 169.13, 455B.219, 542.10,
  9  7 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or chapter 151
  9  8 or 155, as applicable, or upon any other grounds specifically
  9  9 provided for in this chapter for revocation of the license of
  9 10 a licensee subject to the jurisdiction of that board, or upon
  9 11 failure of the licensee to comply with a decision of the board
  9 12 imposing licensee discipline;
  9 13    Sec. 16.  Section 272C.4, subsection 6, Code Supplement
  9 14 2007, is amended to read as follows:
  9 15    6.  Define by rule acts or omissions that are grounds for
  9 16 revocation or suspension of a license under section 100D.5,
  9 17 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13,
  9 18 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or
  9 19 602.3203 or chapter 151 or 155, as applicable, and to define
  9 20 by rule acts or omissions that constitute negligence, careless
  9 21 acts, or omissions within the meaning of section 272C.3,
  9 22 subsection 2, paragraph "b", which licensees are required to
  9 23 report to the board pursuant to section 272C.9, subsection 2;
  9 24    Sec. 17.  Section 272C.5, subsection 2, paragraph c, Code
  9 25 Supplement 2007, is amended to read as follows:
  9 26    c.  Shall state whether the procedures are an alternative
  9 27 to or an addition to the procedures stated in sections 100D.5,
  9 28 147.58 through 147.71, 148.6 through 148.9, 152.10, 152.11,
  9 29 153.33, 154A.23, 542.11, 542B.22, 543B.35, 543B.36, and
  9 30 544B.16.
  9 31    Sec. 18.  EFFECTIVE DATE.  This Act takes effect on August
  9 32 1, 2009.
  9 33
  9 34
  9 35                                                             
 10  1                               PATRICK J. MURPHY
 10  2                               Speaker of the House
 10  3
 10  4
 10  5                                                             
 10  6                               JOHN P. KIBBIE
 10  7                               President of the Senate
 10  8
 10  9    I hereby certify that this bill originated in the House and
 10 10 is known as House File 2646, Eighty=second General Assembly.
 10 11
 10 12
 10 13                                                             
 10 14                               MARK BRANDSGARD
 10 15                               Chief Clerk of the House
 10 16 Approved                , 2008
 10 17
 10 18
 10 19                            
 10 20 CHESTER J. CULVER
 10 21 Governor