Senate File 224 - Enrolled
SENATE FILE 224
AN ACT
RELATING TO THE LICENSING AND REGULATION OF PLUMBERS,
MECHANICAL PROFESSIONALS, AND CONTRACTORS, AND INCLUDING
AN APPLICABILITY PROVISION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 105.1, Code 2009, is amended to read as
follows:
105.1 TITLE.
This chapter may be known and cited as the "Iowa Plumber,
and Mechanical Professional, and Contractor Licensing Act".
Sec. 2. Section 105.2, subsections 2, 7, and 8, Code 2009,
are amended to read as follows:
2. "Board" means the plumbing and mechanical systems
examining board as established pursuant to section 105.3.
7. "HVAC" means heating, ventilation, and air conditioning
in, and ducted systems. "HVAC" includes all natural, propane,
liquid propane, or other gas lines associated with any
component of an HVAC system.
8. "Hydronic" means a heating or cooling system that
transfers heating or cooling by circulating fluid through a
closed system, including boilers, pressure vessels,
refrigerated equipment in connection with chilled water
systems, all steam piping, hot or chilled water piping
together with all control devices and accessories, installed
as part of, or in connection with, any comfort heating or
comfort cooling system or appliance using a liquid, water, or
steam as the heating or cooling media. "Hydronic" includes
all low=pressure and high=pressure systems and all natural,
propane, liquid propane, or other gas lines associated with
any component of a hydronic system.
Sec. 3. Section 105.2, Code 2009, is amended by adding the
following new subsection:
NEW SUBSECTION. 17. "Routine maintenance" means the
maintenance, repair, or replacement of existing fixtures or
parts of plumbing, HVAC, refrigeration, 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 or strainers.
Routine maintenance shall include emergency repairs, and the
board shall define the term emergency repairs to include the
repair of water pipes to prevent imminent damage to property.
"Routine maintenance" does not include the replacement of
furnaces, boilers, cooling appliances, or water heaters more
than one hundred gallons in size.
Sec. 4. Section 105.3, subsections 1, 6, and 7, Code 2009,
are amended to read as follows:
1. A plumbing and mechanical systems examining board is
created within the Iowa department of public health.
6. Members of the board shall receive actual expenses for
their duties as a member of the examining board. Each member
of the board may also be eligible to receive compensation as
provided in section 7E.6.
7. The board may maintain a membership in any national
organization of state examining boards for the professions of
plumbing, HVAC, refrigeration, or hydronic professionals, with
all membership fees to be paid from funds appropriated to the
board.
Sec. 5. Section 105.3, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2009, is amended to read as
follows:
The examining board shall be comprised of eleven members,
appointed by the governor, as follows:
Sec. 6. Section 105.4, Code 2009, is amended to read as
follows:
105.4 RULES.
1. The board shall establish by rule a plumbing
installation code governing the installation of plumbing in
this state.
2. The board shall adopt all rules necessary to carry out
the licensing and other provisions of this chapter.
Sec. 7. Section 105.5, Code 2009, is amended to read as
follows:
105.5 APPLICATIONS FOR EXAMINATIONS.
1. Any person desiring to take an examination for a
license issued pursuant to this chapter shall make application
to the board at least fifteen days before the examination, on
a form provided by the board. The application shall be
accompanied by the examination fee and such documents and
affidavits as are necessary to show the eligibility of the
candidate to take the examination. All applications shall be
in accordance with the rules of the department and the board
and shall be signed by the applicant. The board may require
that a recent photograph of the applicant be attached to the
application.
2. Applicants who fail to pass an examination shall be
allowed to retake the examination at a future scheduled time.
3. The board shall adopt rules relating to all of the
following:
a. The qualifications required for applicants seeking to
take examinations, which qualifications shall include a
requirement that an applicant who is a contractor shall be
required to provide the contractor's state contractor
registration number.
b. The denial of applicants seeking to take examinations.
Sec. 8. Section 105.9, Code 2009, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. Commencing July 2009 and every
biennium thereafter, the board shall review its revenue,
including amounts generated from license fees set pursuant to
this chapter, and its expenses for purposes of reevaluating
its fee structures. The board shall establish a reduced rate
for combined licenses.
Sec. 9. Section 105.10, subsection 1, Code 2009, is
amended to read as follows:
1. Except as provided in section 105.11, a person shall
not operate as a contractor or install or repair plumbing,
HVAC, refrigeration, or hydronic systems without obtaining a
license issued by the board, or install or repair medical gas
piping systems without obtaining a valid certification
approved by the board.
Sec. 10. Section 105.10, Code 2009, is amended by adding
the following new subsections:
NEW SUBSECTION. 4. The board shall adopt rules to allow a
grace period for a contractor to operate a business described
in subsection 2 without employing a licensed master.
NEW SUBSECTION. 5. The board shall by rule provide for
the issuance of a license for installers of geothermal heat
pump systems that shall require certification pursuant to
industry accredited installer certification standards
recognized by the United States department of energy.
Sec. 11. Section 105.11, subsection 3, Code 2009, is
amended to read as follows:
3. Prohibit an owner of property from performing work on
the owner's principal residence, if such residence is an
existing dwelling rather than new construction and is not
larger than a single=family dwelling, or farm property,
excluding commercial or industrial installations or
installations in public use buildings or facilities, or
require such owner to be licensed under this chapter. In
order to qualify for inapplicability pursuant to this
subsection, a residence shall qualify for the homestead tax
exemption. The provisions of this chapter shall also not be
construed to prohibit an owner or operator of a health care
facility licensed pursuant to chapter 135C, assisted living
center licensed pursuant to chapter 231C, hospital licensed
pursuant to chapter 135B, adult day care center licensed
pursuant to chapter 231D, or a retirement facility certified
pursuant to chapter 523D from performing work on the facility
or require such owner or operator to be licensed under this
chapter.
Sec. 12. Section 105.11, subsection 9, Code 2009, is
amended to read as follows:
9. Apply to an employee of any unit of state or local
government, including but not limited to cities, counties, or
school corporations, performing routine maintenance work on a
mechanical system or plumbing system, which serves a
state=owned government=owned or government=leased facility
while acting within the scope of the state government
employee's employment.
Sec. 13. Section 105.11, Code 2009, is amended by adding
the following new subsections:
NEW SUBSECTION. 11. Prohibit an owner or operator of a
health care facility licensed pursuant to chapter 135C,
assisted living center licensed pursuant to chapter 231C,
hospital licensed pursuant to chapter 135B, adult day care
center licensed pursuant to chapter 231D, or a retirement
facility certified pursuant to chapter 523D from performing
work on the facility or requiring such owner or operator to be
licensed under this chapter; except for projects that exceed
the dollar amount specified as the competitive bid threshold
in section 26.3.
NEW SUBSECTION. 12. Apply to a person who performs the
laying of pipe that originates or connects to pipe in the
public right=of=way or property that is intended to become
public right=of=way, even if such pipe extends under the
property and up to the building. However, the person shall
not make any interior pipe connections within a building under
this exemption. This exemption does not restrict local
jurisdictions from requiring licensure under this chapter if
required by local ordinance, resolution, or by bidding
specification.
NEW SUBSECTION. 13. Prohibit a rental property owner or
employee of such an owner from performing routine maintenance
on the rental property.
Sec. 14. Section 105.12, Code 2009, is amended to read as
follows:
105.12 FORM OF LICENSE.
1. A contracting, plumbing, HVAC, refrigeration, or
hydronic license shall be in the form of a certificate under
the seal of the department, signed by the director of public
health, and shall be issued in the name of the board. The
license number of the book and page of the registry containing
the entry of the license in the office of the department shall
be noted on the face of the license.
2. In addition to the certificate, the department board
shall provide each licensee with a wallet=sized licensing
identification card.
Sec. 15. Section 105.14, Code 2009, is amended to read as
follows:
105.14 DISPLAY OF MASTER CONTRACTOR LICENSE.
A person holding a master contractor license under this
chapter shall keep the current license certificate publicly
displayed in the primary place in which the person practices.
Sec. 16. Section 105.15, Code 2009, is amended to read as
follows:
105.15 REGISTRY OF LICENSES.
The name, location, and number of years of practice license
number, and date of issuance of the license of the each person
to whom the a license has been issued, the number of the
certificate, and the date of registration thereof shall be
entered in a registry kept in the office of the department to
be known as the plumbing, HVAC, refrigeration, or hydronic
registry. The registry may be electronic and shall be open to
public inspection; however, the licensee's home address of the
licensee, home telephone number, and other personal
information as determined by rule shall be confidential.
Sec. 17. Section 105.16, Code 2009, is amended to read as
follows:
105.16 CHANGE OF RESIDENCE.
If a person licensed to practice as a contractor or a
plumbing, HVAC, refrigeration, or hydronic professional under
this chapter changes their the person's residence or place of
practice, the person shall so notify the department board.
Sec. 18. Section 105.17, subsection 1, Code 2009, is
amended to read as follows:
1. The provisions of this chapter regarding the licensing
of plumbing, HVAC, refrigeration, and hydronic professionals
and contractors shall supersede and preempt all plumbing,
HVAC, refrigeration, or hydronic, and contracting licensing
provisions of all governmental subdivisions.
a. A governmental subdivision that issues licenses on July
1, 2008, shall continue to issue licenses until June 30, 2009.
On July 1, 2009, all plumbing and mechanical licensing
provisions promulgated by any governmental subdivision shall
be null and void, except reciprocal licenses as provided in
section 105.21, and of no further force and effect.
b. On and after July 1, 2008, a governmental subdivision
shall not prohibit a contractor or a plumbing, HVAC,
refrigeration, or hydronic professional licensed pursuant to
this chapter from performing services for which that person is
licensed pursuant to this chapter or enforce any plumbing and
mechanical licensing provisions promulgated by the
governmental subdivision against a person licensed pursuant to
this chapter.
Sec. 19. Section 105.18, Code 2009, is amended to read as
follows:
105.18 QUALIFICATIONS AND TYPES OF LICENSES ISSUED.
1. GENERAL QUALIFICATIONS. The board shall adopt, by
rule, general qualifications for licensure. The board may
consider the past felony record of an applicant only if the
felony conviction relates directly to the practice of the
profession for which the applicant requests to be licensed.
Character references References may be required as part of the
licensing process, but shall not be obtained from licensed
members of the plumbing or mechanical profession.
2. PLUMBING, HVAC, REFRIGERATION, AND HYDRONIC LICENSES
AND CONTRACTOR LICENSES. The board shall issue separate
licenses for plumbing, HVAC, refrigeration, and hydronic
professionals and for contractors as follows:
a. Apprentice license. In order to be licensed by the
department board as an apprentice, a person shall do all of
the following:
(1) File an application, which application shall establish
that the person meets the minimum requirements adopted by the
board.
(2) Certify that the person will work under the
supervision of a licensed journeyperson or master in the
applicable discipline.
(3) Be enrolled in an applicable apprentice program which
is registered with the United States department of labor
office of apprenticeship.
b. Journeyperson license. In order to be licensed by the
department board as a journeyperson in the applicable
discipline, a person shall do all of the following:
(1) File an application and pay application fees as
established by the board, which application shall establish
that the person meets the minimum educational and experience
requirements adopted by the board.
(2) Pass the state journeyperson licensing examination in
the applicable discipline.
(3) Provide the board with evidence of having completed at
least four years of practical experience as an apprentice.
Commencing January 1, 2010, the four years of practical
experience required by this subparagraph must be an
apprenticeship training program registered by the bureau of
apprenticeship and training of the United States department of
labor office of apprenticeship.
A person may simultaneously hold an active journeyperson
license and an inactive master license.
c. Master license. In order to be licensed by the
department board as a master, a person shall do all of the
following:
(1) File an application and pay application fees as
established by the board, which application shall establish
that the person meets the minimum educational and experience
requirements adopted by the board.
(2) Pass the state master licensing examination for the
applicable discipline.
(3) Provide evidence to the examining board that the
person has previously been a licensed journeyperson or master
in the applicable discipline or satisfies all requirements for
licensure as a journeyperson in the applicable discipline.
(4) Provide evidence of public liability insurance
pursuant to section 105.19.
d. Contractor license. In order to be licensed by the
board as a contractor, a person shall do all of the following:
(1) File an application and pay application fees as
established by the board, which application shall provide the
person's state contractor registration number and establish
that the person meets the minimum requirements adopted by the
board.
(2) Maintain a permanent place of business.
(3) Hold a master license or employ at least one person
holding a master license under this chapter.
3. COMBINED LICENSES, RESTRICTED LICENSES.
a. The department board may issue single or combined
licenses to persons who qualify as a contractor, master,
journeyperson, or apprentice under any of the disciplines.
b. Special, restricted license. The board may by rule
provide for the issuance of special plumbing and mechanical
professional licenses authorizing the licensee to engage in a
limited class or classes of plumbing or mechanical
professional work, which class or classes shall be specified
on the license. Each licensee shall have experience,
acceptable to the board, in each such limited class for which
the person is licensed. The board shall designate each
special, restricted license to be a sublicense of either a
plumbing, HVAC, refrigeration, or hydronic license. An
individual holding a master or journeyperson, plumbing, HVAC,
refrigeration, or hydronic license shall not be required to
obtain any special, restricted license which is a sublicense
of the license that the individual holds. Special plumbing
and mechanical professional licenses shall be issued to
employees of a rate=regulated gas or electric public utility
who conduct the repair of appliances. "Repair of appliances"
means the repair or replacement of mechanical connections
between the appliance shutoff valve and the appliance and
repair of or replacement of parts to the appliance. Such
special, restricted license shall require certification
pursuant to industry=accredited certification standards.
c. The board shall establish a special, restricted license
fee at a reduced rate, consistent with any other special,
restricted license fees.
4. WAIVER. Notwithstanding section 17A.9A, the board
shall through December 31, 2009, waive the written examination
requirements set forth in this section and prior experience
requirements in subsection 2, paragraph "b", subparagraph (3),
and subsection 2, paragraph "c", subparagraph (3), for a
journeyperson or master license if the applicant meets either
of the following requirements:
a. The applicant meets both of the following requirements:
(1) The applicant has previously passed a written
examination which the board deems to be substantially similar
to the licensing examination otherwise required by the board
to obtain the applicable license.
(2) The applicant has completed at least eight classroom
hours of continuing education in courses or seminars approved
by the board within the two=year period immediately preceding
the date of the applicant's license application.
b. The applicant can demonstrate to the satisfaction of
the board that the applicant has five or more years of
experience prior to July 1, 2008, in the plumbing, HVAC,
refrigeration, or hydronic business, as applicable, which
experience is of a nature that the board deems to be
sufficient to demonstrate continuous professional competency
consistent with that expected of an individual who passes the
applicable licensing examination which the applicant would
otherwise be required to pass.
Sec. 20. Section 105.19, subsections 1 and 3, Code 2009,
are amended to read as follows:
1. An applicant for a master contractor license or renewal
of an active master contractor license shall provide evidence
of a public liability insurance policy and surety bond in an
amount determined sufficient by the board by rule.
3. The insurance and surety bond shall be written by an
entity licensed to do business in this state and each licensed
master contractor shall maintain on file with the department
board 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 board.
Sec. 21. Section 105.20, Code 2009, is amended to read as
follows:
105.20 RENEWAL AND REINSTATEMENT OF LICENSES == FEES AND
PENALTIES == CONTINUING EDUCATION.
1. A license issued pursuant to this chapter shall be
issued for a term of two years. Licenses issued by the board
shall expire in intervals as determined by the board.
2. A license issued under this chapter may be renewed as
provided by rule adopted by the board upon application by the
licensee, without examination. Applications for renewal shall
be made in writing to the department board, accompanied by the
required renewal licensing fee, at least thirty days prior to
the expiration date of the license.
3. A renewal license shall be displayed in connection with
the original license.
4. 3. The department board shall notify each licensee by
mail at least sixty days prior to the expiration of a license.
5. 4. Failure to renew a license within a reasonable time
after the expiration of the license shall not invalidate the
license, but a reasonable penalty may be assessed as adopted
by rule, in addition to the license renewal fee, to allow
reinstatement of the license.
6. A licensee who allows a license to lapse for a period
of one month or less may reinstate and renew the license
without examination upon the recommendation of the board and
upon payment of the applicable renewal and reinstatement fees.
7. 5. The board shall, by rule, establish a reinstatement
process for a licensee who allows a license to lapse for a
period greater than one month, including reasonable penalties.
8. 6. The board shall establish continuing education
requirements pursuant to section 272C.2. The basic continuing
education requirement for renewal of a license shall be the
completion, during the immediately preceding license term, of
the number of classroom hours of instruction required by the
board in courses or seminars which have been approved by the
board. The board shall require at least eight classroom hours
of instruction during each two=year licensing term.
Sec. 22. Section 105.21, Code 2009, is amended to read as
follows:
105.21 RECIPROCAL LICENSES.
The board may license without examination a nonresident
applicant who is licensed under plumbing, HVAC, refrigeration,
or hydronic professional licensing statutes of another state
having similar licensing requirements as those set forth in
this chapter and the rules adopted under this chapter if the
other state grants the same reciprocal licensing privileges to
residents of Iowa who have obtained Iowa plumbing or
mechanical professional licenses under this chapter. The
department and the board shall adopt the necessary rules, not
inconsistent with the law, for carrying out the reciprocal
relations with other states which are authorized by this
chapter.
Sec. 23. Section 105.22, unnumbered paragraph 1, Code
2009, is amended to read as follows:
A license to practice as a contractor or as a plumbing,
HVAC, refrigeration, or hydronic professional may be revoked
or suspended, or an application for licensure may be denied
pursuant to procedures established pursuant to chapter 272C by
the board, or the licensee may be otherwise disciplined in
accordance with that chapter, when the licensee commits any of
the following acts or offenses:
Sec. 24. Section 105.23, Code 2009, is amended to read as
follows:
105.23 JURISDICTION OF REVOCATION AND SUSPENSION
PROCEEDINGS.
The board shall have exclusive jurisdiction of all
proceedings to revoke or suspend a license issued pursuant to
this chapter. The board may initiate proceedings under this
chapter or chapter 272C, following procedures set out in
section 272C.6, either on its own motion or on the complaint
of any person. Before scheduling a hearing, the board may
request the department to conduct an investigation into the
charges to be addressed at the board hearing. The department
shall report its findings to the board. The board, in
connection with a proceeding under this chapter, may issue
subpoenas to compel attendance and testimony of witnesses and
the disclosure of evidence, and may request the attorney
general to bring an action to enforce the subpoena.
Sec. 25. Section 105.25, subsections 1, 3, and 4, Code
2009, are amended to read as follows:
1. Only a person who is duly licensed pursuant to this
chapter may advertise the fact that the person is licensed as
a contractor or as a plumbing, HVAC, refrigeration, or
hydronic professional by the state of Iowa.
3. A person who fraudulently claims to be a licensed
contractor or a licensed plumbing, HVAC, refrigeration, or
hydronic professional pursuant to this chapter, either in
writing, cards, signs, circulars, advertisements, or other
communications, is guilty of a simple misdemeanor.
4. A person who fraudulently lists a contractor or a
master plumbing, HVAC, refrigeration, or hydronic license
number in connection with that person's advertising or falsely
displays a contractor or a master plumbing, HVAC,
refrigeration, or hydronic professional license number is
guilty of a simple misdemeanor. In order to be entitled to
use a license number of a master plumbing, HVAC,
refrigeration, or hydronic professional, the master plumbing,
HVAC, refrigeration, or hydronic professional must be employed
by the person in whose name the business of designing,
installing, or repairing plumbing or mechanical systems is
being conducted.
Sec. 26. Section 105.27, subsection 1, Code 2009, is
amended to read as follows:
1. In addition to any other penalties provided for in this
chapter, the board may, by order, impose a civil penalty, not
to exceed five thousand dollars per offense, upon a person
violating any provision of this chapter. Each day of a
continued violation constitutes a separate offense, except
that offenses resulting from the same or common facts or
circumstances shall be considered a single offense. Before
issuing an order under this section, the board shall provide
the person written notice and the opportunity to request a
hearing on the record. The hearing must be requested within
thirty days of the issuance of the notice.
Sec. 27. Section 105.28, Code 2009, is amended to read as
follows:
105.28 ENFORCEMENT.
The department board shall enforce the provisions of this
chapter and for that purpose may request the department of
inspections and appeals to make necessary investigations.
Every licensee and member of the board shall furnish the
department or the department of inspections and appeals board
such evidence as the licensee or member may have relative to
any alleged violation which is being investigated.
Sec. 28. Section 105.29, Code 2009, is amended to read as
follows:
105.29 REPORT OF VIOLATORS.
Every licensee and every member of the board shall report
to the department board the name of every person who is
practicing as a contractor or as a plumber or mechanical
professional without a license issued pursuant to this chapter
pursuant to the knowledge or reasonable belief of the person
making the report. The opening of an office or place of
business for the purpose of providing any services for which a
license is required by this chapter, the announcing to the
public in any way the intention to provide any such service,
the use of any professional designation, or the use of any
sign, card, circular, device, vehicle, or advertisement, as a
provider of any such services shall be prima facie evidence of
engaging in the practice of a contractor or a plumber or
mechanical professional.
Sec. 29. Section 105.30, Code 2009, is amended to read as
follows:
105.30 ATTORNEY GENERAL.
Upon request of the department board, the attorney general
shall institute in the name of the state the proper
proceedings against any person charged by the department with
violating any provision of this chapter.
Sec. 30. Section 135.11, subsection 5, Code 2009, is
amended by striking the subsection.
Sec. 31. Section 272C.1, subsection 6, paragraph ae, Code
2009, is amended to read as follows:
ae. The plumbing and mechanical systems examining board,
created pursuant to chapter 105.
Sec. 32. Sections 105.6, 105.7, and 105.8, Code 2009, are
repealed.
Sec. 33. STUDY OF STATEWIDE INSPECTION PROGRAM
IMPLEMENTATION. The plumbing and mechanical systems board, in
conjunction with the electrical examining board and city and
county building officials, shall conduct a study to determine
the most appropriate and feasible manner to implement a
statewide inspection program for work performed by the
respective licensees of both boards. By January 1, 2011, the
boards shall submit a recommendation to the general assembly
for the implementation of a statewide inspection program.
Sec. 34. APPLICABILITY == PRIOR ACTIONS VOID. Sections
105.22 through 105.30, Code 2009, as amended by this Act,
shall be applicable only on and after July 1, 2009, and any
actions taken under those sections prior to July 1, 2009,
shall be void.
JOHN P. KIBBIE
President of the Senate
PATRICK J. MURPHY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 224, Eighty=third General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2009
CHESTER J. CULVER
Governor
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