S.F. 2283 Section 1. Section 105.1, Code Supplement 2009, is amended 1 to read as follows: 2 105.1 Title. 3 This chapter may be known and cited as the “Iowa Plumber, 4 Mechanical , Solar Professional, and Contractor Licensing Act” . 5 Sec. 2. Section 105.2, Code Supplement 2009, is amended by 6 adding the following new subsections: 7 NEW SUBSECTION . 18. “Solar professional” means a person 8 whose services consist of the installation, alteration, repair, 9 maintenance, relocation, or replacement of a solar system. 10 NEW SUBSECTION . 19. “Solar system” means panels for 11 portable solar heating systems and photovoltaic systems and any 12 appurtenances, apparatus, or equipment used in connection with 13 those systems. 14 Sec. 3. Section 105.3, subsection 1, Code Supplement 2009, 15 is amended to read as follows: 16 1. A plumbing , and mechanical , and solar systems board is 17 created within the Iowa department of public health. 18 Sec. 4. Section 105.3, subsection 2, paragraphs a and b, 19 Code Supplement 2009, are amended to read as follows: 20 a. The board shall be comprised of eleven twelve members, 21 appointed by the governor, as follows: 22 (1) The director of public health or the director’s 23 designee. 24 (2) The commissioner of public safety or the commissioner’s 25 designee. 26 (3) One plumbing inspector. 27 (4) One mechanical inspector. 28 (5) A contractor who primarily works in rural areas. 29 (6) An individual licensed as a journeyperson plumber 30 pursuant to the provisions of this chapter or, for the initial 31 membership of the board, an individual eligible for such 32 licensure. 33 (7) An individual working as a plumbing contractor and 34 licensed as a master plumber pursuant to the provisions of 35 -1- LSB 5671XS (4) 83 jr/sc 1/ 8

S.F. 2283 this chapter or, for the initial membership of the board, an 1 individual eligible for such licensure. 2 (8) Two individuals licensed as journeyperson mechanical 3 professionals pursuant to the provisions of this chapter or, 4 for the initial membership of the board, two individuals 5 eligible for such licensure. 6 (9) Two individuals licensed as master mechanical 7 professionals pursuant to the provisions of this chapter or, 8 for the initial membership of the board, two individuals 9 eligible for such licensure. One of these individuals shall be 10 a mechanical systems contractor. 11 (10) An individual licensed as a solar professional 12 pursuant to the provisions of this chapter or, for the initial 13 appointment, an individual eligible for such licensure. 14 b. The board members enumerated in paragraph a “a” , 15 subparagraphs (3) through (9) (10) , are subject to confirmation 16 by the senate. 17 Sec. 5. Section 105.3, subsection 7, Code Supplement 2009, 18 is amended to read as follows: 19 7. The board may maintain a membership in any national 20 organization of state boards for the professions of plumbing, 21 HVAC, refrigeration, or hydronic , or solar professionals, with 22 all membership fees to be paid from funds appropriated to the 23 board. 24 Sec. 6. Section 105.10, subsection 1, Code Supplement 2009, 25 is amended to read as follows: 26 1. Except as provided in section 105.11, a person shall not 27 operate as a contractor or install or repair plumbing, HVAC, 28 refrigeration, or hydronic , or solar systems without obtaining 29 a license issued by the board, or install or repair medical gas 30 piping systems without obtaining a valid certification approved 31 by the board. 32 Sec. 7. Section 105.11, subsections 7 and 10, Code 33 Supplement 2009, are amended to read as follows: 34 7. Require a helper engaged in general manual labor 35 -2- LSB 5671XS (4) 83 jr/sc 2/ 8

S.F. 2283 activities while providing assistance to an apprentice, 1 journeyperson, or master to obtain a plumbing, HVAC, 2 refrigeration, or hydronic , or solar license. Experience as a 3 helper shall not be considered as practical experience for a 4 journeyperson license. 5 10. Apply to the employees of manufacturers, manufacturer 6 representatives, or wholesale suppliers who provide 7 consultation or develop plans concerning plumbing, HVAC, 8 refrigeration, or hydronic , or solar work, or who assist a 9 person licensed under this chapter in the installation of 10 mechanical , solar, or plumbing systems. 11 Sec. 8. Section 105.12, subsection 1, Code Supplement 2009, 12 is amended to read as follows: 13 1. A contracting, plumbing, HVAC, refrigeration, 14 or hydronic , or solar license shall be in the form of a 15 certificate under the seal of the department, signed by the 16 director of public health, and shall be issued in the name of 17 the board. The license number shall be noted on the face of the 18 license. 19 Sec. 9. Section 105.15, Code Supplement 2009, is amended to 20 read as follows: 21 105.15 Registry of licenses. 22 The name, location, license number, and date of issuance of 23 the license of each person to whom a license has been issued 24 shall be entered in a registry kept in the office of the 25 department to be known as the plumbing, HVAC, refrigeration, 26 or hydronic , or solar registry. The registry may be electronic 27 and shall be open to public inspection; however, the licensee’s 28 home address, home telephone number, and other personal 29 information as determined by rule shall be confidential. 30 Sec. 10. Section 105.16, Code Supplement 2009, is amended 31 to read as follows: 32 105.16 Change of residence. 33 If a person licensed to practice as a contractor 34 or a plumbing, HVAC, refrigeration, or hydronic , or 35 -3- LSB 5671XS (4) 83 jr/sc 3/ 8

S.F. 2283 solar professional under this chapter changes the person’s 1 residence or place of practice, the person shall so notify the 2 board. 3 Sec. 11. Section 105.17, subsection 1, unnumbered paragraph 4 1, Code Supplement 2009, is amended to read as follows: 5 The provisions of this chapter regarding the licensing 6 of plumbing, HVAC, refrigeration, and hydronic , and 7 solar professionals and contractors shall supersede and 8 preempt all plumbing, HVAC, refrigeration, hydronic, 9 solar, and contracting licensing provisions of all governmental 10 subdivisions. 11 Sec. 12. Section 105.18, Code Supplement 2009, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION . 2A. Solar professional and contractor 14 licenses. The board shall issue separate licenses for solar 15 professionals and for contractors as follows: 16 a. Solar professional. In order to be licensed by the 17 board as a solar professional, a person shall do all of the 18 following: 19 (1) File an application and pay application fees as 20 established by the board, which application shall establish 21 that the person meets the minimum educational and experience 22 requirements adopted by the board in rule. 23 (2) Pass a licensing examination. 24 b. Contractor license. In order to be licensed by the board 25 as a contractor, a person shall do all of the following: 26 (1) File an application and pay application fees as 27 established by the board, which application shall provide the 28 person’s state contractor registration number and establish 29 that the person meets the minimum requirements adopted by the 30 board. 31 (2) Maintain a permanent place of business. 32 (3) Hold a solar professional license or employ at least one 33 person holding a solar professional license under this chapter. 34 Sec. 13. Section 105.18, subsection 3, paragraph b, Code 35 -4- LSB 5671XS (4) 83 jr/sc 4/ 8

S.F. 2283 Supplement 2009, is amended to read as follows: 1 b. Special, restricted license. The board may by rule 2 provide for the issuance of special plumbing , and mechanical , 3 and solar professional licenses authorizing the 4 licensee to engage in a limited class or classes of 5 plumbing , or mechanical , or solar professional work, which 6 class or classes shall be specified on the license. Each 7 licensee shall have experience, acceptable to the board, in 8 each such limited class for which the person is licensed. The 9 board shall designate each special, restricted license to 10 be a sublicense of either a plumbing, HVAC, refrigeration, 11 or hydronic , or solar license. An individual holding a 12 master or journeyperson, plumbing, HVAC, refrigeration, or 13 hydronic license shall not be required to obtain any special, 14 restricted license which is a sublicense of the license 15 that the individual holds. Special plumbing and mechanical 16 professional licenses shall be issued to employees of a 17 rate-regulated gas or electric public utility who conduct the 18 repair of appliances. “Repair of appliances” means the repair 19 or replacement of mechanical connections between the appliance 20 shutoff valve and the appliance and repair of or replacement 21 of parts to the appliance. Such special, restricted license 22 shall require certification pursuant to industry-accredited 23 certification standards. 24 Sec. 14. Section 105.19, subsection 2, Code Supplement 25 2009, is amended to read as follows: 26 2. If the applicant is engaged in plumbing, HVAC, 27 refrigeration, or hydronic work individually through a business 28 conducted as a sole proprietorship, the applicant shall 29 personally obtain the insurance and surety bond required by 30 this section. If the applicant is engaged in the plumbing, 31 HVAC, refrigeration, or hydronic , or solar business as an 32 employee or owner of a legal entity, then the insurance and 33 surety bond required by this section shall be obtained by 34 the entity and shall cover all plumbing or mechanical , or 35 -5- LSB 5671XS (4) 83 jr/sc 5/ 8

S.F. 2283 solar work performed by the entity. 1 Sec. 15. Section 105.21, Code Supplement 2009, is amended 2 to read as follows: 3 105.21 Reciprocal licenses. 4 The board may license without examination a nonresident 5 applicant who is licensed under plumbing, HVAC, refrigeration, 6 or hydronic , or solar professional licensing statutes of 7 another state having similar licensing requirements as 8 those set forth in this chapter and the rules adopted under 9 this chapter if the other state grants the same reciprocal 10 licensing privileges to residents of Iowa who have obtained 11 Iowa plumbing , or mechanical , or solar professional licenses 12 under this chapter. The board shall adopt the necessary rules, 13 not inconsistent with the law, for carrying out the reciprocal 14 relations with other states which are authorized by this 15 chapter. 16 Sec. 16. Section 105.22, unnumbered paragraph 1, Code 17 Supplement 2009, is amended to read as follows: 18 A license to practice as a contractor or as a plumbing, 19 HVAC, refrigeration, or hydronic , or solar professional may be 20 revoked or suspended, or an application for licensure may be 21 denied pursuant to procedures established pursuant to chapter 22 272C by the board, or the licensee may be otherwise disciplined 23 in accordance with that chapter, when the licensee commits any 24 of the following acts or offenses: 25 Sec. 17. Section 105.22, subsection 8, Code Supplement 26 2009, is amended to read as follows: 27 8. Aiding and abetting a person who is not licensed pursuant 28 to this chapter in that person’s pursuit of an unauthorized 29 and unlicensed plumbing, HVAC, refrigeration, or hydronic , or 30 solar professional practice. 31 Sec. 18. Section 105.25, subsections 1 and 3, Code 32 Supplement 2009, are amended to read as follows: 33 1. Only a person who is duly licensed pursuant to this 34 chapter may advertise the fact that the person is licensed as 35 -6- LSB 5671XS (4) 83 jr/sc 6/ 8

S.F. 2283 a contractor or as a plumbing, HVAC, refrigeration, solar, or 1 hydronic professional by the state of Iowa. 2 3. A person who fraudulently claims to be a licensed 3 contractor or a licensed plumbing, HVAC, refrigeration, 4 solar, or hydronic professional pursuant to this chapter, 5 either in writing, cards, signs, circulars, advertisements, or 6 other communications, is guilty of a simple misdemeanor. 7 Sec. 19. Section 272C.1, subsection 6, paragraph ae, Code 8 Supplement 2009, is amended to read as follows: 9 ae. The plumbing , and mechanical , and solar systems board, 10 created pursuant to chapter 105. 11 EXPLANATION 12 Iowa law (Code chapter 105) currently licenses persons 13 who design, install, and repair the HVAC, refrigeration, or 14 hydronic systems, or serve as contractors of such systems. 15 Licenses are available either individually or in combination. 16 The profession is regulated by a licensing board under the 17 aegis of the department of public health. 18 This bill adds licenses for solar professionals and 19 contractors to Code chapter 105. A solar professional is a 20 person who installs, alters, repairs, maintains, relocates, 21 or replaces a solar heating or photovoltaic system and any 22 apparatus or equipment used in connection with the system. The 23 bill adds to the membership of the licensing board one person 24 who is a solar professional. 25 Unlike plumbing, HVAC, refrigeration, and hydronic 26 licenses, licensure as a solar professional is not broken into 27 apprentice, journeyperson, or master categories. Licensure as 28 a solar professional requires that the applicant: 29 1) Pay application fees as established by the board. 30 2) Meet the minimum educational and experience requirements 31 adopted by the board in rule. 32 3) Pass a licensing examination. 33 Licensure as a solar contractor requires that the applicant: 34 1) Pay application fees as established by the board. 35 -7- LSB 5671XS (4) 83 jr/sc 7/ 8

S.F. 2283 2) Provide the applicant’s state contractor registration 1 number and meet the minimum requirements adopted by the board. 2 3) Maintain a permanent place of business. 3 4) Hold a solar professional license or employ at least one 4 person holding a solar professional license under Code chapter 5 105. 6 In keeping with the current licensing scheme, solar 7 professional and contractor licenses may be obtained 8 individually or in combination with HVAC, refrigeration, or 9 hydronic systems licenses. 10 Currently, a violation of Code chapter 105 is a simple 11 misdemeanor. A simple misdemeanor is punishable by confinement 12 for no more than 30 days or a fine of at least $65 but not more 13 than $625 or both. In addition, the board may impose a civil 14 penalty not to exceed $5,000 per offense for certain violations 15 of Code chapter 105. 16 -8- LSB 5671XS (4) 83 jr/sc 8/ 8