Senate File 2274 - Introduced SENATE FILE 2274 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 27) A BILL FOR An Act providing for the licensure of persons who install 1 and maintain solar thermal systems and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1490SV (4) 84 jr/sc
S.F. 2274 Section 1. Section 105.1, Code 2011, is amended to read as 1 follows: 2 105.1 Title. 3 This chapter may be known and cited as the “Iowa Plumber, 4 Mechanical , Solar Thermal Professional, and Contractor Licensing 5 Act” . 6 Sec. 2. Section 105.2, Code Supplement 2011, is amended by 7 adding the following new subsections: 8 NEW SUBSECTION . 18. “Solar thermal professional” means a 9 person whose services consist of the design, installation, 10 alteration, repair, maintenance, relocation, or replacement of 11 a solar thermal system. 12 NEW SUBSECTION . 19. “Solar thermal system” means panels 13 for solar heating systems and any appurtenances, apparatus, or 14 equipment used in connection with those systems. 15 Sec. 3. Section 105.3, subsection 1, Code 2011, is amended 16 to read as follows: 17 1. A plumbing , and mechanical , and solar thermal systems 18 board is created within the Iowa department of public health. 19 Sec. 4. Section 105.3, subsection 2, paragraphs a and b, 20 Code 2011, are amended to read as follows: 21 a. The board shall be comprised of eleven twelve members, 22 appointed by the governor, as follows: 23 (1) The director of public health or the director’s 24 designee. 25 (2) The commissioner of public safety or the commissioner’s 26 designee. 27 (3) One plumbing inspector. 28 (4) One mechanical inspector. 29 (5) A contractor who primarily works in rural areas. 30 (6) An individual licensed as a journeyperson plumber 31 pursuant to the provisions of this chapter or, for the initial 32 membership of the board, an individual eligible for such 33 licensure. 34 (7) An individual working as a plumbing contractor and 35 -1- LSB 1490SV (4) 84 jr/sc 1/ 7
S.F. 2274 licensed as a master plumber pursuant to the provisions of 1 this chapter or, for the initial membership of the board, an 2 individual eligible for such licensure. 3 (8) Two individuals licensed as journeyperson mechanical 4 professionals pursuant to the provisions of this chapter or, 5 for the initial membership of the board, two individuals 6 eligible for such licensure. 7 (9) Two individuals licensed as master mechanical 8 professionals pursuant to the provisions of this chapter or, 9 for the initial membership of the board, two individuals 10 eligible for such licensure. One of these individuals shall be 11 a mechanical systems contractor. 12 (10) An individual licensed as a solar thermal professional 13 pursuant to the provisions of this chapter or, for the initial 14 appointment, an individual eligible for such licensure. 15 b. The board members enumerated in paragraph a “a” , 16 subparagraphs (3) through (9) (10) , are subject to confirmation 17 by the senate. 18 Sec. 5. Section 105.3, subsection 7, Code 2011, is amended 19 to read as follows: 20 7. The board may maintain a membership in any national 21 organization of state boards for the professions of 22 plumbing, HVAC, refrigeration, or hydronic , or solar thermal 23 professionals, with all membership fees to be paid from funds 24 appropriated to the board. 25 Sec. 6. Section 105.10, subsection 1, Code 2011, is amended 26 to read as follows: 27 1. Except as provided in section 105.11 , a person shall 28 not operate as a contractor or install or repair plumbing, 29 HVAC, refrigeration, or hydronic , or solar thermal systems 30 without obtaining a license issued by the board, or install or 31 repair medical gas piping systems without obtaining a valid 32 certification approved by the board. 33 Sec. 7. Section 105.11, subsections 7 and 10, Code 34 Supplement 2011, are amended to read as follows: 35 -2- LSB 1490SV (4) 84 jr/sc 2/ 7
S.F. 2274 7. Require a helper engaged in general manual labor 1 activities while providing assistance to an apprentice, 2 journeyperson, or master to obtain a plumbing, HVAC, 3 refrigeration, or hydronic , or solar thermal license. 4 Experience as a helper shall not be considered as practical 5 experience for a journeyperson license. 6 10. Apply to the employees of manufacturers, manufacturer 7 representatives, or wholesale suppliers who provide 8 consultation or develop plans concerning plumbing, HVAC, 9 refrigeration, or hydronic , or solar thermal work, or who 10 assist a person licensed under this chapter in the installation 11 of mechanical , hydronic, solar thermal, or plumbing systems. 12 Sec. 8. Section 105.12, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. A contracting, plumbing, HVAC, refrigeration, or 15 hydronic , or solar thermal license shall be in the form of a 16 certificate under the seal of the department, signed by the 17 director of public health, and shall be issued in the name of 18 the board. The license number shall be noted on the face of the 19 license. 20 Sec. 9. Section 105.15, Code 2011, is amended to read as 21 follows: 22 105.15 Registry of licenses. 23 The name, location, license number, and date of issuance of 24 the license of each person to whom a license has been issued 25 shall be entered in a registry kept in the office of the 26 department to be known as the plumbing, HVAC, refrigeration, 27 or hydronic , or solar thermal registry. The registry may be 28 electronic and shall be open to public inspection; however, 29 the licensee’s home address, home telephone number, and 30 other personal information as determined by rule shall be 31 confidential. 32 Sec. 10. Section 105.16, Code 2011, is amended to read as 33 follows: 34 105.16 Change of residence. 35 -3- LSB 1490SV (4) 84 jr/sc 3/ 7
S.F. 2274 If a person licensed to practice as a contractor or a 1 plumbing, HVAC, refrigeration, or hydronic , or solar thermal 2 professional under this chapter changes the person’s residence 3 or place of practice, the person shall so notify the board. 4 Sec. 11. Section 105.17, subsection 1, paragraph b, Code 5 2011, is amended to read as follows: 6 b. On and after July 1, 2008, a governmental subdivision 7 shall not prohibit a contractor or a plumbing, HVAC, 8 refrigeration, solar thermal, or hydronic professional licensed 9 pursuant to this chapter from performing services for which 10 that person is licensed pursuant to this chapter or enforce any 11 plumbing and mechanical licensing provisions promulgated by the 12 governmental subdivision against a person licensed pursuant to 13 this chapter . 14 Sec. 12. Section 105.18, Code Supplement 2011, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION . 2A. Solar thermal professional and 17 contractor licenses. The board shall issue separate licenses 18 for solar thermal professionals and for contractors as follows: 19 a. Solar thermal professional. In order to be licensed 20 by the board as a solar professional, a person shall file an 21 application and pay application fees as established by the 22 board. The application shall contain all of the following: 23 (1) Applicant’s name and address. 24 (2) Applicant’s business name. 25 (3) Proof of liability insurance. 26 (4) Proof of either North American board of certified energy 27 practitioners solar thermal certification, or of completion of 28 an Iowa community college forty hour solar thermal coursework 29 and two training installations or other coursework and training 30 as approved by the board. 31 (5) Any other information required by the board. 32 b. Contractor license. In order to be licensed by the board 33 as a contractor, a person shall do all of the following: 34 (1) File an application and pay application fees as 35 -4- LSB 1490SV (4) 84 jr/sc 4/ 7
S.F. 2274 established by the board, which application shall provide the 1 person’s state contractor registration number and establish 2 that the person meets the minimum requirements adopted by the 3 board. 4 (2) Maintain a permanent place of business. 5 (3) Hold a solar thermal professional license or employ at 6 least one person holding a solar thermal professional license 7 under this chapter. 8 Sec. 13. Section 105.19, subsection 2, Code 2011, is amended 9 to read as follows: 10 2. If the applicant is engaged in plumbing, HVAC, 11 refrigeration, or hydronic , or solar thermal work individually 12 through a business conducted as a sole proprietorship, the 13 applicant shall personally obtain the insurance and surety 14 bond required by this section . If the applicant is engaged 15 in the plumbing, HVAC, refrigeration, or hydronic , or solar 16 thermal business as an employee or owner of a legal entity, 17 then the insurance and surety bond required by this section 18 shall be obtained by the entity and shall cover all plumbing , 19 or mechanical , or solar thermal work performed by the entity. 20 Sec. 14. Section 105.21, Code 2011, is amended to read as 21 follows: 22 105.21 Reciprocal licenses. 23 The board may license without examination a nonresident 24 applicant who is licensed under plumbing, HVAC, refrigeration, 25 or hydronic , or solar thermal professional licensing statutes 26 of another state having similar licensing requirements as those 27 set forth in this chapter and the rules adopted under this 28 chapter if the other state grants the same reciprocal licensing 29 privileges to residents of Iowa who have obtained Iowa 30 plumbing , or mechanical , or solar thermal professional licenses 31 under this chapter . The board shall adopt the necessary rules, 32 not inconsistent with the law, for carrying out the reciprocal 33 relations with other states which are authorized by this 34 chapter . 35 -5- LSB 1490SV (4) 84 jr/sc 5/ 7
S.F. 2274 Sec. 15. Section 105.22, unnumbered paragraph 1, Code 2011, 1 is amended to read as follows: 2 A license to practice as a contractor or as a plumbing, HVAC, 3 refrigeration, or hydronic , or solar thermal professional may 4 be revoked or suspended, or an application for licensure may be 5 denied pursuant to procedures established pursuant to chapter 6 272C by the board, or the licensee may be otherwise disciplined 7 in accordance with that chapter, when the licensee commits any 8 of the following acts or offenses: 9 Sec. 16. Section 105.22, subsection 8, Code 2011, is amended 10 to read as follows: 11 8. Aiding and abetting a person who is not licensed pursuant 12 to this chapter in that person’s pursuit of an unauthorized and 13 unlicensed plumbing, HVAC, refrigeration, or hydronic , or solar 14 thermal professional practice. 15 Sec. 17. Section 105.25, subsections 1 and 3, Code 2011, are 16 amended to read as follows: 17 1. Only a person who is duly licensed pursuant to this 18 chapter may advertise the fact that the person is licensed 19 as a contractor or as a plumbing, HVAC, refrigeration, solar 20 thermal, or hydronic professional by the state of Iowa. 21 3. A person who fraudulently claims to be a licensed 22 contractor or a licensed plumbing, HVAC, refrigeration, solar 23 thermal, or hydronic professional pursuant to this chapter , 24 either in writing, cards, signs, circulars, advertisements, or 25 other communications, is guilty of a simple misdemeanor. 26 Sec. 18. Section 272C.1, subsection 6, paragraph ae, Code 27 2011, is amended to read as follows: 28 ae. The plumbing , and mechanical , and solar thermal systems 29 board, created pursuant to chapter 105 . 30 EXPLANATION 31 Iowa law (Code chapter 105) currently licenses persons 32 who design, install, and repair the HVAC, refrigeration, or 33 hydronic systems, or serve as contractors of such systems. 34 Licenses are available either individually or in combination. 35 -6- LSB 1490SV (4) 84 jr/sc 6/ 7
S.F. 2274 The profession is regulated by a licensing board under the 1 aegis of the department of public health. 2 This bill adds licenses for solar thermal professionals and 3 contractors to Code chapter 105. A solar thermal professional 4 is a person who designs, installs, alters, repairs, maintains, 5 relocates, or replaces a solar heating system and any apparatus 6 or equipment used in connection with the system. The bill adds 7 to the membership of the licensing board one person who is a 8 solar thermal professional. 9 Unlike plumbing, HVAC, refrigeration, and hydronic licenses, 10 licensure as a solar thermal professional is not broken into 11 apprentice, journeyperson, or master categories. Licensure as 12 a solar thermal professional requires that the applicant: 13 1) Pay application fees as established by the board. 14 2) Meet the minimum educational and practical experience 15 requirements adopted by the board in rule. 16 Licensure as a solar thermal contractor requires that the 17 applicant: 18 1) Pay application fees as established by the board. 19 2) Provide the applicant’s state contractor registration 20 number and meet the minimum requirements adopted by the board. 21 3) Maintain a permanent place of business. 22 4) Hold a solar thermal professional license or employ at 23 least one person holding a solar thermal professional license 24 under Code chapter 105. 25 Currently, a violation of Code chapter 105 is a simple 26 misdemeanor. A simple misdemeanor is punishable by confinement 27 for no more than 30 days or a fine of at least $65 but not more 28 than $625 or both. In addition, the board may impose a civil 29 penalty not to exceed $5,000 per offense for certain violations 30 of Code chapter 105. 31 -7- LSB 1490SV (4) 84 jr/sc 7/ 7