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
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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
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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:
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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.
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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
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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
.
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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.
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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.
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