SF 2172 (LSB 5745SS (7) 83)

SENATE FILE 2172

BY  DANIELSON

A BILL FOR

An Act relating to licensure of persons for the installation and maintenance of geothermal heat pump systems and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 105.2, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Geothermal heat pump system” means a central heating or cooling system that pumps heat to or from the ground, using the earth as a heat source in heating season or a heat sink in cooling season.
    Sec. 2.  Section 105.10, subsection 1, Code Supplement 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, or geothermal heat pump 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. 3.  Section 105.10, subsection 5, Code Supplement 2009, is amended by striking the subsection.
    Sec. 4.  Section 105.17, subsection 1, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  On and after July 1, 2008, a governmental subdivision shall not prohibit a contractor or a plumbing, HVAC, refrigeration, or hydronic, or geothermal heat pump system 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 professional, or geothermal heat pump system licensing provisions promulgated by the governmental subdivision against a person licensed pursuant to this chapter.
    Sec. 5.  Section 105.18, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Geothermal heat pump system licenses.  The board shall by rule provide for the issuance of a license for persons who install, alter, repair, maintain, relocate, or replace geothermal heat pump systems. The rules shall require certification pursuant to industry accredited installer certification standards recognized by the United States department of energy.
    Sec. 6.  Section 105.18, subsection 3, paragraphs a and b, Code Supplement 2009, are amended to read as follows:
   a.  The board may issue single or combined licenses to persons who qualify as a contractor, master, journeyperson, or apprentice under any of the disciplines under subsection 2.
   b.  (1)  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.
   (2)  A special, restricted license shall not be issued for the installation, alteration, repair, maintenance, relocation, or replacement of geothermal heat pump systems.
    Sec. 7.  Section 105.21, Code Supplement 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, or geothermal heat pump system 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, or geothermal heat pump system licenses under this chapter. 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. 8.  Section 105.22, unnumbered paragraph 1, Code Supplement 2009, is amended to read as follows:
   A license to practice as a contractor or as a plumbing, HVAC, refrigeration, or hydronic, or geothermal heat pump system 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. 9.  Section 105.22, subsection 8, Code Supplement 2009, is amended to read as follows:
   8.  Aiding and abetting a person who is not licensed pursuant to this chapter in that person’s pursuit of an unauthorized and unlicensed plumbing, HVAC, refrigeration, or hydronic, or geothermal heat pump system professional practice.
    Sec. 10.  Section 105.25, subsections 1, 3, and 4, Code Supplement 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, or geothermal heat pump system 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, or geothermal heat pump system 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, or falsely displays a geothermal heat pump system 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. 11.  Section 105.29, Code Supplement 2009, is amended to read as follows:
   105.29  Report of violators.

   Every licensee and every member of the board shall report to the board the name of every person who is practicing as a contractor or as a plumber, or mechanical professional, or geothermal heat pump system 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, or geothermal heat pump system professional.
EXPLANATION
   Iowa law, Code chapter 105, currently licenses persons who design, install, and repair the HVAC, refrigeration, or hydronic systems, or who serve as contractors of those systems. This bill provides separate licensure under Code chapter 105 for the installation, alteration, repair, maintenance, relocation, or replacement of geothermal heat pump systems. A geothermal heat pump system is a central heating or cooling system that pumps heat to or from the ground, using the earth as a heat source in heating season or a heat sink in cooling season.
   The bill requires the plumbing and mechanical systems board to adopt rules for the licensure of persons who install, alter, repair, maintain, relocate, or replace geothermal heat pump systems. The rules require certification pursuant to industry accredited installer certification standards recognized by the United States department of energy.
   Currently, a violation of Code chapter 105 is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or both. In addition, the board may impose a civil penalty not to exceed $5,000 per offense for certain violations of Code chapter 105.