House File 2230 - Introduced HOUSE FILE 2230 BY QUIRK (COMPANION TO LSB 5745SS BY DANIELSON) A BILL FOR An Act relating to licensure of persons for the installation 1 and maintenance of geothermal heat pump systems and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5745YH (7) 83 jr/sc
H.F. 2230 Section 1. Section 105.2, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 4A. “Geothermal heat pump system” means a 3 central heating or cooling system that pumps heat to or from 4 the ground, using the earth as a heat source in heating season 5 or a heat sink in cooling season. 6 Sec. 2. Section 105.10, subsection 1, Code Supplement 2009, 7 is amended to read as follows: 8 1. Except as provided in section 105.11, a person shall not 9 operate as a contractor or install or repair plumbing, HVAC, 10 refrigeration, or hydronic systems , or geothermal heat pump 11 systems without obtaining a license issued by the board, or 12 install or repair medical gas piping systems without obtaining 13 a valid certification approved by the board. 14 Sec. 3. Section 105.10, subsection 5, Code Supplement 2009, 15 is amended by striking the subsection. 16 Sec. 4. Section 105.17, subsection 1, paragraph b, Code 17 Supplement 2009, is amended to read as follows: 18 b. On and after July 1, 2008, a governmental subdivision 19 shall not prohibit a contractor or a plumbing, HVAC, 20 refrigeration, or hydronic , or geothermal heat pump 21 system professional licensed pursuant to this chapter from 22 performing services for which that person is licensed pursuant 23 to this chapter or enforce any plumbing , and mechanical 24 professional, or geothermal heat pump system licensing 25 provisions promulgated by the governmental subdivision against 26 a person licensed pursuant to this chapter. 27 Sec. 5. Section 105.18, Code Supplement 2009, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 2A. Geothermal heat pump system 30 licenses. The board shall by rule provide for the issuance of 31 a license for persons who install, alter, repair, maintain, 32 relocate, or replace geothermal heat pump systems. The rules 33 shall require certification pursuant to industry accredited 34 installer certification standards recognized by the United 35 -1- LSB 5745YH (7) 83 jr/sc 1/ 5
H.F. 2230 States department of energy. 1 Sec. 6. Section 105.18, subsection 3, paragraphs a and b, 2 Code Supplement 2009, are amended to read as follows: 3 a. The board may issue single or combined licenses to 4 persons who qualify as a contractor, master, journeyperson, or 5 apprentice under any of the disciplines under subsection 2 . 6 b. (1) Special, restricted license. The board may by rule 7 provide for the issuance of special plumbing and mechanical 8 professional licenses authorizing the licensee to engage in a 9 limited class or classes of plumbing or mechanical professional 10 work, which class or classes shall be specified on the 11 license. Each licensee shall have experience, acceptable to 12 the board, in each such limited class for which the person is 13 licensed. The board shall designate each special, restricted 14 license to be a sublicense of either a plumbing, HVAC, 15 refrigeration, or hydronic license. An individual holding a 16 master or journeyperson, plumbing, HVAC, refrigeration, or 17 hydronic license shall not be required to obtain any special, 18 restricted license which is a sublicense of the license 19 that the individual holds. Special plumbing and mechanical 20 professional licenses shall be issued to employees of a 21 rate-regulated gas or electric public utility who conduct the 22 repair of appliances. “Repair of appliances” means the repair 23 or replacement of mechanical connections between the appliance 24 shutoff valve and the appliance and repair of or replacement 25 of parts to the appliance. Such special, restricted license 26 shall require certification pursuant to industry-accredited 27 certification standards. 28 (2) A special, restricted license shall not be issued for 29 the installation, alteration, repair, maintenance, relocation, 30 or replacement of geothermal heat pump systems. 31 Sec. 7. Section 105.21, Code Supplement 2009, is amended to 32 read as follows: 33 105.21 Reciprocal licenses. 34 The board may license without examination a nonresident 35 -2- LSB 5745YH (7) 83 jr/sc 2/ 5
H.F. 2230 applicant who is licensed under plumbing, HVAC, refrigeration, 1 or hydronic , or geothermal heat pump system professional 2 licensing statutes of another state having similar licensing 3 requirements as those set forth in this chapter and the rules 4 adopted under this chapter if the other state grants the same 5 reciprocal licensing privileges to residents of Iowa who 6 have obtained Iowa plumbing , or mechanical professional , or 7 geothermal heat pump system licenses under this chapter. The 8 board shall adopt the necessary rules, not inconsistent with 9 the law, for carrying out the reciprocal relations with other 10 states which are authorized by this chapter. 11 Sec. 8. Section 105.22, unnumbered paragraph 1, Code 12 Supplement 2009, is amended to read as follows: 13 A license to practice as a contractor or as a plumbing, 14 HVAC, refrigeration, or hydronic , or geothermal heat pump 15 system professional may be revoked or suspended, or an 16 application for licensure may be denied pursuant to procedures 17 established pursuant to chapter 272C by the board, or the 18 licensee may be otherwise disciplined in accordance with that 19 chapter, when the licensee commits any of the following acts 20 or offenses: 21 Sec. 9. Section 105.22, subsection 8, Code Supplement 2009, 22 is amended to read as follows: 23 8. Aiding and abetting a person who is not licensed pursuant 24 to this chapter in that person’s pursuit of an unauthorized 25 and unlicensed plumbing, HVAC, refrigeration, or hydronic , or 26 geothermal heat pump system professional practice. 27 Sec. 10. Section 105.25, subsections 1, 3, and 4, Code 28 Supplement 2009, are amended to read as follows: 29 1. Only a person who is duly licensed pursuant to this 30 chapter may advertise the fact that the person is licensed as a 31 contractor or as a plumbing, HVAC, refrigeration, or hydronic , 32 or geothermal heat pump system professional by the state of 33 Iowa. 34 3. A person who fraudulently claims to be a licensed 35 -3- LSB 5745YH (7) 83 jr/sc 3/ 5
H.F. 2230 contractor or a licensed plumbing, HVAC, refrigeration, 1 or hydronic , or geothermal heat pump system professional 2 pursuant to this chapter, either in writing, cards, signs, 3 circulars, advertisements, or other communications, is guilty 4 of a simple misdemeanor. 5 4. A person who fraudulently lists a contractor or a master 6 plumbing, HVAC, refrigeration, or hydronic license number in 7 connection with that person’s advertising or falsely displays 8 a contractor or a master plumbing, HVAC, refrigeration, or 9 hydronic professional license number , or falsely displays a 10 geothermal heat pump system professional license number, is 11 guilty of a simple misdemeanor. In order to be entitled to use 12 a license number of a master plumbing, HVAC, refrigeration, 13 or hydronic professional, the master plumbing, HVAC, 14 refrigeration, or hydronic professional must be employed by the 15 person in whose name the business of designing, installing, or 16 repairing plumbing or mechanical systems is being conducted. 17 Sec. 11. Section 105.29, Code Supplement 2009, is amended 18 to read as follows: 19 105.29 Report of violators. 20 Every licensee and every member of the board shall report 21 to the board the name of every person who is practicing as 22 a contractor or as a plumber , or mechanical professional , or 23 geothermal heat pump system professional without a license 24 issued pursuant to this chapter pursuant to the knowledge 25 or reasonable belief of the person making the report. The 26 opening of an office or place of business for the purpose of 27 providing any services for which a license is required by this 28 chapter, the announcing to the public in any way the intention 29 to provide any such service, the use of any professional 30 designation, or the use of any sign, card, circular, device, 31 vehicle, or advertisement, as a provider of any such services 32 shall be prima facie evidence of engaging in the practice of 33 a contractor or a plumber , or mechanical professional , or 34 geothermal heat pump system professional . 35 -4- LSB 5745YH (7) 83 jr/sc 4/ 5
H.F. 2230 EXPLANATION 1 Iowa law, Code chapter 105, currently licenses persons 2 who design, install, and repair the HVAC, refrigeration, or 3 hydronic systems, or who serve as contractors of those systems. 4 This bill provides separate licensure under Code chapter 5 105 for the installation, alteration, repair, maintenance, 6 relocation, or replacement of geothermal heat pump systems. A 7 geothermal heat pump system is a central heating or cooling 8 system that pumps heat to or from the ground, using the earth 9 as a heat source in heating season or a heat sink in cooling 10 season. 11 The bill requires the plumbing and mechanical systems board 12 to adopt rules for the licensure of persons who install, alter, 13 repair, maintain, relocate, or replace geothermal heat pump 14 systems. The rules require certification pursuant to industry 15 accredited installer certification standards recognized by the 16 United States department of energy. 17 Currently, a violation of Code chapter 105 is a simple 18 misdemeanor. A simple misdemeanor is punishable by confinement 19 for no more than 30 days or a fine of at least $65 but not more 20 than $625 or both. In addition, the board may impose a civil 21 penalty not to exceed $5,000 per offense for certain violations 22 of Code chapter 105. 23 -5- LSB 5745YH (7) 83 jr/sc 5/ 5