House File 400 - Enrolled




                                             HOUSE FILE 400

                             AN ACT
 RELATING TO THE LICENSING OF PERSONS INSTALLING FIRE
    PROTECTION SYSTEMS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  2008 Iowa Acts, chapter 1094, section 2,
 subsection 1, is amended to read as follows:
    1.  "Apprentice sprinkler fitter" means a person who, as a
 principal occupation, is engaged in learning the fire
 protection system industry trade under the direct supervision
 of a certified fire extinguishing system contractor or
 licensed fire sprinkler installer and maintenance worker and
 who is registered with the United States department of labor,
 office of apprenticeship.
    Sec. 2.  2008 Iowa Acts, chapter 1094, section 2, is
 amended by adding the following new subsection:
    NEW SUBSECTION.  2A.  "Division" means division of the
 state fire marshal in the department.
    Sec. 3.  2008 Iowa Acts, chapter 1094, section 2,
 subsection 7, is amended to read as follows:
    7.  "Fire sprinkler installer and maintenance worker" means
 a person who, as a principal occupation, and having the
 necessary qualifications, training, experience, and technical
 knowledge, conducts fire protection system installation and
 maintenance, and who is licensed by the department.
    Sec. 4.  2008 Iowa Acts, chapter 1094, section 3,
 subsection 1, is amended to read as follows:
    1.  A On or after January 1, 2010, a person shall not
 perform fire protection system installations or fire
 protection system maintenance without first obtaining holding
 a current, valid fire protection sprinkler installer and
 maintenance worker license issued pursuant to this chapter.
    a.  An employee of a fire extinguishing system contractor
 working as an apprentice sprinkler fitter performing fire
 protection system installation or maintenance under the direct
 supervision of an on=site licensed fire sprinkler installer
 and maintenance worker is not required to obtain hold a
 current, valid fire sprinkler installer and maintenance worker
 license.
    b.  A person who installs or demolishes walls, ceilings,
 flooring, insulation, or associated materials or a person who
 demolishes sprinkler pipe is not subject to the provisions of
 this chapter except when the work involves a complete
 sprinkler system.
    c.  A person who is a responsible managing employee of a
 fire extinguishing system contractor is not required to hold a
 current, valid fire sprinkler installer and maintenance worker
 license.
    Sec. 5.  2008 Iowa Acts, chapter 1094, section 3,
 subsection 5, is amended by striking the subsection.
    Sec. 6.  2008 Iowa Acts, chapter 1094, section 3,
 subsection 2, is amended to read as follows:
    2.  A licensed fire sprinkler installer and maintenance
 worker must be present at all locations and at all times when
 fire protection system installation work is being performed.
 At least one licensed fire sprinkler installer and maintenance
 worker must be present for every three apprentice sprinkler
 fitters, or any other employees performing work related to
 fire protection system installation.
    Sec. 7.  2008 Iowa Acts, chapter 1094, section 3,
 subsection 6, is amended to read as follows:
    6.  On and after August 1, 2009 January 1, 2010, a
 governmental subdivision shall not issue a license to a person
 installing a fire protection system and shall not prohibit a
 person installing fire protection systems and licensed
 pursuant to this chapter from performing services for which
 that person is licensed pursuant to this chapter or enforce
 any licensing provisions promulgated by the governmental
 subdivision against a person licensed pursuant to this
 chapter.
    Sec. 8.  2008 Iowa Acts, chapter 1094, section 4, is
 amended to read as follows:
    SEC. 4.  100D.3  FIRE SPRINKLER INSTALLER AND MAINTENANCE
 WORKER LICENSE.
    1.  The state fire marshal shall issue a fire sprinkler
 installer and maintenance worker license to an applicant who
 possesses meets all of the following requirements:
    a.  Possesses a minimum of four years of employment
 experience as an apprentice sprinkler fitter and.
    b.  Has completed a United States department of labor
 apprenticeship program and is.
    c.  Is employed by a fire extinguishing system contractor,
 who either receives.  However, an applicant whose work on
 extinguishing systems will be restricted to systems on
 property owned or controlled by the applicant's employer may
 obtain a license if the employer is not a certified
 contractor.
    d.  Has received a passing score on the national
 inspection, testing, and certification star fire sprinkler
 mastery exam or on an equivalent exam from a nationally
 recognized third=party testing agency that is approved by the
 state fire marshal, or who is certified at level one by the
 national institute for certification in engineering
 technologies based on general work elements, as defined by the
 national institute for certification in engineering
 technologies, and as specified by rule by the state fire
 marshal.
    2.  The holder of a fire sprinkler installer and
 maintenance worker license shall be responsible for license
 fees, renewal fees, and continuing education hours.
    3.  The license of a fire sprinkler installer and
 maintenance worker licensee who ceases to be employed by a
 fire extinguishing system contractor shall continue to be
 valid until it would otherwise expire, but the licensee shall
 not perform work requiring licensure under this chapter until
 the licensee is again employed by a fire extinguishing system
 contractor.  If the licensee becomes employed by a fire
 extinguishing system contractor other than the contractor
 which employed the licensee at the time the license was
 issued, the licensee shall notify the fire marshal and shall
 apply for an amendment to the license.  The fire marshal may
 establish by rule a fee for amending a license.  This
 subsection shall not extend the time period during which a
 license is valid.  This subsection does not apply to a
 licensee whose work on extinguishing systems is restricted to
 systems on property owned or controlled by the licensee's
 employer.
    Sec. 9.  2008 Iowa Acts, chapter 1094, section 5,
 subsections 1 and 3, are amended to read as follows:
    1.  An applicant for a fire sprinkler installer and
 maintenance worker license or renewal of an active license
 shall provide evidence of a public liability insurance policy
 and surety bond in an amount determined sufficient by the
 department fire marshal by rule.
    3.  The insurance and surety bond shall be written by an
 entity licensed to do business in this state and each licensee
 shall maintain on file with the department a certificate
 evidencing the insurance providing that the insurance or
 surety bond shall not be canceled without the entity first
 giving fifteen days written notice to the department fire
 marshal.
    Sec. 10.  2008 Iowa Acts, chapter 1094, section 6,
 subsection 5, is amended to read as follows:
    5.  Adopt rules specifying a violation reporting procedure
 applicable to division employees, deputy fire marshals,
 division inspectors, and municipal fire departments.
    Sec. 11.  2008 Iowa Acts, chapter 1094, section 9, is
 amended to read as follows:
    SEC. 9.  NEW SECTION.  100D.8  TEMPORARY PROVISIONAL
 LICENSURE.
    1.  An applicant for licensure under this chapter as a fire
 sprinkler installer and maintenance worker who possesses a
 minimum of four years of experience as an apprentice sprinkler
 fitter and who has not successfully passed the licensure
 examination or achieved certification as required pursuant to
 section 100D.3 by August 1, 2009 January 1, 2010, shall be
 issued a temporary license as a fire sprinkler installer and
 maintenance worker for a period of sixty days commencing
 August 1, 2009 ending no later than June 30, 2010.  A
 temporary provisional license shall be granted upon
 presentation of satisfactory evidence to the department fire
 marshal demonstrating experience and competency in conducting
 fire protection system installations and fire protection
 system maintenance according to criteria to be determined by
 the department fire marshal in rule.  A temporary license
 shall not be renewed.
    2.  An applicant issued a temporary provisional license
 pursuant to this section shall pass the licensure examination
 or achieve certification on or before February 1 June 30,
 2010, in order to remain licensed as a fire sprinkler
 installer and maintenance worker.  A temporary provisional
 license fee shall be established by the department fire
 marshal by rule.  No temporary provisional licenses will shall
 be issued after February April 1, 2010.
    Sec. 12.  2008 Iowa Acts, chapter 1094, section 10,
 subsections 2 and 3, are amended to read as follows:
    2.  A passing score on the national inspection, testing and
 certification star fire sprinkler mastery exam or an
 equivalent exam from a nationally recognized third=party
 testing agency that is approved by the state fire marshal.
    3.  A passing score on the NICET level I examination.
 Certification, based upon general work elements, as defined by
 the national institute for certification in engineering
 technologies, at level I by the national institute for
 certification in engineering technologies, and as specified by
 rule by the state fire marshal.
    Sec. 13.  2008 Iowa Acts, chapter 1094, section 10, is
 amended by adding the following new unnumbered paragraph:
    NEW UNNUMBERED PARAGRAPH.  After July 31, 2012, a person
 licensed pursuant to this section shall renew or obtain a
 license pursuant to section 100D.3.
    Sec. 14.  2008 Iowa Acts, chapter 1094, section 12, is
 amended by adding the following new subsection:
    NEW SUBSECTION.  3.  The provisions of this chapter shall
 not be construed to apply to a person licensed as a plumber
 pursuant to chapter 105 who is working within the scope of the
 person's license.
    Sec. 15.  2008 Iowa Acts, chapter 1094, is amended by
 adding the following new section after section 13:
    SEC.    .  NEW SECTION.  100D.13  TEMPORARY LICENSES.
    1.  The state fire marshal may issue a temporary fire
 sprinkler installer and maintenance worker license to a
 person, providing that all of the following conditions are
 met:
    a.  The person is currently licensed or certified to
 perform work as a fire sprinkler installer and maintenance
 worker in another state.
    b.  The person meets any additional criteria for a
 temporary license established by the state fire marshal by
 rule.
    c.  The person provides all information required by the
 state fire marshal.
    d.  The person has paid the fee for a temporary license,
 which fee shall be established by the state fire marshal by
 rule.
    e.  The person intends to perform work as a fire sprinkler
 installer and maintenance worker only in areas of this state
 which are covered by a disaster emergency declaration issued
 by the governor pursuant to section 29C.6.
    2.  A temporary license issued pursuant to this section
 shall be valid for ninety days.  The state fire marshal may
 establish criteria and procedures for the extension of such
 licenses for additional periods, which in no event shall
 exceed ninety days.
    3.  A temporary license shall be valid only in areas of the
 state which are subject to a disaster emergency declaration
 issued by the governor pursuant to section 29C.6 at the time
 at which the license is issued, which become subject to such a
 declaration during the time the license is valid, or which
 were subject to such a declaration issued within the six
 months preceding the issuance of the license.


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House


                                                             
                               JOHN P. KIBBIE
                               President of the Senate

    I hereby certify that this bill originated in the House and
 is known as House File 400, Eighty=third General Assembly.


                                                             
                               MARK BRANDSGARD
                               Chief Clerk of the House
 Approved                , 2009


                            
 CHESTER J. CULVER
 Governor

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