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
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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
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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
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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
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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
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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
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