H.F. 260 Section 1. Section 105.2, subsections 14 and 17, Code 2013, 1 are amended to read as follows: 2 14. “Medical gas system installer” means any person who 3 installs or repairs medical gas piping, components, and 4 vacuum systems, including brazers, who has been issued a 5 valid certification from the national inspection testing 6 certification (NITC) corporation, or an equivalent authority 7 approved by the board department . 8 17. “Routine maintenance” means the maintenance, repair, 9 or replacement of existing fixtures or parts of plumbing, 10 HVAC, refrigeration, or hydronic systems in which no changes 11 in original design are made. Fixtures or parts do not 12 include smoke and fire dampers, or water, gas, or steam piping 13 permanent repairs except for traps or strainers. “Routine 14 maintenance” shall include emergency repairs, and the board 15 department shall define the term “emergency repairs” to 16 include the repair of water pipes to prevent imminent damage 17 to property. “Routine maintenance” does not include the 18 replacement of furnaces, boilers, cooling appliances, or water 19 heaters more than one hundred gallons in size. 20 Sec. 2. Section 105.3, subsection 4, Code 2013, is amended 21 to read as follows: 22 4. If a person who has been appointed to serve on the 23 board has ever been disciplined by the board department , 24 all board department complaints and statements of charges, 25 settlement agreements, findings of fact, and orders pertaining 26 to the disciplinary action shall be made available to the 27 senate committee to which the appointment is referred at 28 the committee’s request before the full senate votes on the 29 person’s appointment. 30 Sec. 3. Section 105.3, Code 2013, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 8. Notwithstanding section 21.5, 33 subsection 4, the office of the citizen’s aide without an order 34 of the court and only for purposes of conducting a confidential 35 -1- LSB 1333YH (9) 85 jr/sc 1/ 12

H.F. 260 investigation in response to a complaint relating to the board 1 pursuant to section 2C.12, shall have access to the minutes and 2 audio recording of a closed session of a meeting of the board. 3 Sec. 4. Section 105.4, Code 2013, is amended to read as 4 follows: 5 105.4 Plumbing installation code —— rules. 6 1. The department, in consultation with the board , shall 7 establish by rule a plumbing installation code governing the 8 installation of plumbing in this state. 9 2. The department, in consultation with the board , shall 10 adopt all rules necessary to carry out the licensing and other 11 provisions of this chapter . 12 Sec. 5. Section 105.5, subsection 1, Code 2013, is amended 13 to read as follows: 14 1. Any person desiring to take an examination for a license 15 issued pursuant to this chapter shall make application to the 16 board department in accordance with the rules of the board 17 department . The application form shall be no longer than two 18 pages in length, plus one security page. The board department 19 may require that a recent photograph of the applicant be 20 attached to the application. 21 Sec. 6. Section 105.5, subsection 3, unnumbered paragraph 22 1, Code 2013, is amended to read as follows: 23 The department, in consultation with the board , shall adopt 24 rules relating to all of the following: 25 Sec. 7. Section 105.9, subsections 1, 2, 3, 5, 9, and 10, 26 Code 2013, are amended to read as follows: 27 1. The board department shall set the fees for the 28 examination of all applicants, by rule, which fees shall be 29 based upon the cost of administering the examinations. 30 2. The board department shall set the license fees and 31 renewal fees for all licenses issued pursuant to this chapter , 32 by rule. 33 3. All fees collected under this chapter shall be retained 34 by the board department . The moneys retained by the board 35 -2- LSB 1333YH (9) 85 jr/sc 2/ 12

H.F. 260 department shall be used for any of the board’s duties and 1 the regulatory or administrative functions of the department 2 under this chapter , including but not limited to the addition 3 of full-time equivalent positions for program services and 4 investigations. Revenues retained by the board department 5 pursuant to this section shall be considered repayment receipts 6 as defined in section 8.2 . Notwithstanding section 8.33 , 7 moneys retained by the board department pursuant to this 8 section are not subject to reversion to the general fund of the 9 state. 10 5. a. The board department shall submit a report to 11 the general assembly within sixty days following the end 12 of each fiscal year. The reports shall include a balance 13 sheet projection extending no less than three years. If the 14 revenue projection exceeds expense projections by more than ten 15 percent, the board department shall adjust their fee schedules 16 accordingly, so that projected revenues are no more than ten 17 percent higher than projected expenses. The revised fees shall 18 be implemented no later than January 1, 2013, and January 1 of 19 each subsequent year. 20 b. A license fee for a combined license shall be the sum 21 total of each of the separate license fees reduced by thirty 22 percent. 23 9. The board department may charge a fee for an application 24 required by this chapter and submitted on paper if an internet 25 application process is available. 26 10. The board department shall waive all renewal fees for 27 all licenses that have an expiration date from January 1, 2011, 28 through December 31, 2012. 29 Sec. 8. Section 105.10, subsections 1, 3, 4, and 5, Code 30 2013, are amended to read as follows: 31 1. Except as provided in section 105.11 , a person shall not 32 operate as a contractor or install or repair plumbing, HVAC, 33 refrigeration, or hydronic systems without obtaining a license 34 issued by the board department , or install or repair medical 35 -3- LSB 1333YH (9) 85 jr/sc 3/ 12

H.F. 260 gas piping systems without obtaining a valid certification 1 approved by the board department . 2 3. The board department may allow a two-year delay in 3 implementing the licensure requirements for contractors who 4 employ fewer than ten mechanical professionals. 5 4. The department, in consultation with the board , shall 6 adopt rules to allow a grace period for a contractor to operate 7 a business described in subsection 2 without employing a 8 licensed master. 9 5. The department, in consultation with the board , shall by 10 rule provide for the issuance of a license for installers of 11 geothermal heat pump systems that shall require certification 12 pursuant to industry accredited installer certification 13 standards recognized by the United States department of energy. 14 Sec. 9. Section 105.12, subsection 2, Code 2013, is amended 15 to read as follows: 16 2. In addition to the certificate, the board department 17 shall provide each licensee with a wallet-sized licensing 18 identification card. 19 Sec. 10. Section 105.16, Code 2013, is amended to read as 20 follows: 21 105.16 Change of residence. 22 If a person licensed to practice as a contractor or a 23 plumbing, HVAC, refrigeration, or hydronic professional 24 under this chapter changes the person’s residence or place of 25 practice, the person shall so notify the board department . 26 Sec. 11. Section 105.18, Code 2013, is amended to read as 27 follows: 28 105.18 Qualifications and types of licenses issued. 29 1. General qualifications. The department, in consultation 30 with the board , shall adopt, by rule, general qualifications 31 for licensure. The board department may consider the past 32 felony record of an applicant only if the felony conviction 33 relates to the practice of the profession for which the 34 applicant requests to be licensed. References may be required 35 -4- LSB 1333YH (9) 85 jr/sc 4/ 12

H.F. 260 as part of the licensing process. 1 2. Plumbing, HVAC, refrigeration, and hydronic licenses and 2 contractor licenses. The board department shall issue separate 3 licenses for plumbing, HVAC, refrigeration, and hydronic 4 professionals and for contractors as follows: 5 a. Apprentice license. In order to be licensed by the board 6 as an apprentice, a person shall do all of the following: 7 (1) File an application, which application shall establish 8 that the person meets the minimum requirements adopted by the 9 board department . 10 (2) Certify that the person will work under the supervision 11 of a licensed journeyperson or master in the applicable 12 discipline. 13 (3) Be enrolled in an applicable apprentice program which is 14 registered with the United States department of labor office 15 of apprenticeship. 16 b. Journeyperson license. 17 (1) In order to be licensed by the board department as a 18 journeyperson in the applicable discipline, a person shall do 19 all of the following: 20 (a) File an application and pay application fees as 21 established by the board department , which application shall 22 establish that the person meets the minimum educational and 23 experience requirements adopted by the board department . 24 (b) Pass the state journeyperson licensing examination in 25 the applicable discipline. 26 (c) Provide the board department with evidence of having 27 completed at least four years of practical experience as an 28 apprentice. Commencing January 1, 2010, the four years of 29 practical experience required by this subparagraph division 30 must be an apprenticeship training program registered by the 31 United States department of labor office of apprenticeship. 32 (2) A person may simultaneously hold an active 33 journeyperson license and an inactive master license. 34 c. Master license. In order to be licensed by the board 35 -5- LSB 1333YH (9) 85 jr/sc 5/ 12

H.F. 260 department as a master, a person shall do all of the following: 1 (1) File an application and pay application fees as 2 established by the board department , which application shall 3 establish that the person meets the minimum educational and 4 experience requirements adopted by the board department . 5 (2) Pass the state master licensing examination for the 6 applicable discipline. 7 (3) Provide evidence to the board department that the person 8 has previously been a licensed journeyperson or master in the 9 applicable discipline. 10 d. Contractor license. In order to be licensed by the 11 board department as a contractor, a person shall do all of the 12 following: 13 (1) File an application and pay application fees as 14 established by the board department , which application shall 15 provide the person’s state contractor registration number 16 and establish that the person meets the minimum requirements 17 adopted by the board department . 18 (2) Maintain a permanent place of business. 19 (3) Hold a master license or employ at least one person 20 holding a master license under this chapter . 21 3. Combined licenses, restricted licenses. 22 a. The board department may issue single or combined 23 licenses to persons who qualify as a contractor, master, 24 journeyperson, or apprentice under any of the disciplines. 25 b. Special, restricted license. The board department 26 may by rule provide , in consultation with the board, adopt 27 rules providing for the issuance of special plumbing and 28 mechanical professional licenses authorizing the licensee to 29 engage in a limited class or classes of plumbing or mechanical 30 professional work, which class or classes shall be specified on 31 the license. Each licensee shall have experience, acceptable 32 to the board department , in each such limited class for which 33 the person is licensed. The board department shall designate 34 each special, restricted license to be a sublicense of either 35 -6- LSB 1333YH (9) 85 jr/sc 6/ 12

H.F. 260 a plumbing, HVAC, refrigeration, or hydronic license. An 1 individual holding a master or journeyperson, plumbing, HVAC, 2 refrigeration, or hydronic license shall not be required to 3 obtain any special, restricted license which is a sublicense of 4 the license that the individual holds. Special plumbing and 5 mechanical professional licenses shall be issued to employees 6 of a rate-regulated gas or electric public utility who conduct 7 the repair of appliances. “Repair of appliances” means the 8 repair or replacement of mechanical connections between 9 the appliance shutoff valve and the appliance and repair of 10 or replacement of parts to the appliance. Such special, 11 restricted license shall require certification pursuant to 12 industry-accredited certification standards. 13 c. The board department shall establish a special, 14 restricted license fee at a reduced rate, consistent with any 15 other special, restricted license fees. 16 d. An individual that holds either a master or journeyperson 17 HVAC license or a master or journeyperson refrigeration license 18 shall be exempt from having to obtain a special electrician’s 19 license pursuant to chapter 103 in order to perform disconnect 20 and reconnect of existing air conditioning and refrigeration 21 systems. 22 4. Waiver. Notwithstanding section 17A.9A , the board 23 department shall through December 31, 2009, waive the written 24 examination requirements and prior experience requirements in 25 subsection 2 , paragraph “b” , subparagraph (1), and subsection 26 2 , paragraph “c” , for a journeyperson or master license if the 27 applicant meets either of the following requirements: 28 a. The applicant meets both of the following requirements: 29 (1) The applicant has previously passed a written 30 examination which the board department deems to be 31 substantially similar to the licensing examination otherwise 32 required by the board department to obtain the applicable 33 license. 34 (2) The applicant has completed at least eight classroom 35 -7- LSB 1333YH (9) 85 jr/sc 7/ 12

H.F. 260 hours of continuing education in courses or seminars approved 1 by the board department within the two-year period immediately 2 preceding the date of the applicant’s license application. 3 b. The applicant can demonstrate to the satisfaction of 4 the board department that the applicant has five or more years 5 of experience prior to July 1, 2008, in the plumbing, HVAC, 6 refrigeration, or hydronic business, as applicable, which 7 experience is of a nature that the board department deems to be 8 sufficient to demonstrate continuous professional competency 9 consistent with that expected of an individual who passes the 10 applicable licensing examination which the applicant would 11 otherwise be required to pass. 12 5. Waiver for military service. Notwithstanding section 13 17A.9A , the board department shall waive the written 14 examination requirements and prior experience requirements in 15 subsection 2 , paragraph “b” , subparagraph (1), and subsection 16 2 , paragraph “c” , for a journeyperson or master license if the 17 applicant meets all of the following requirements: 18 a. Is an active or retired member of the United States 19 military. 20 b. Provides documentation that the applicant was deployed 21 on active duty during any portion of the time period of July 1, 22 2008, through December 31, 2009. 23 c. Provides documentation that shows the applicant has 24 previously passed an examination which the board department 25 deems substantially similar to the examination for a 26 journeyperson license or a master license, as applicable, 27 issued by the board department , or provides documentation that 28 shows the applicant has previously been licensed by a state or 29 local governmental jurisdiction in the same trade and trade 30 level. 31 Sec. 12. Section 105.19, subsections 1 and 3, Code 2013, are 32 amended to read as follows: 33 1. An applicant for a contractor license or renewal of 34 an active contractor license shall provide evidence of a 35 -8- LSB 1333YH (9) 85 jr/sc 8/ 12

H.F. 260 public liability insurance policy and surety bond in an amount 1 determined sufficient by the board department by rule. 2 3. The insurance and surety bond shall be written by an 3 entity licensed to do business in this state and each licensed 4 contractor shall maintain on file with the board department 5 a certificate evidencing the insurance providing that the 6 insurance or surety bond shall not be canceled without the 7 entity first giving fifteen days’ written notice to the board. 8 Sec. 13. Section 105.20, subsections 2, 3, and 5, Code 2013, 9 are amended to read as follows: 10 2. A license issued under this chapter may be renewed 11 as provided by rule adopted by the board department upon 12 application by the licensee, without examination. Applications 13 for renewal shall be made to the board department , accompanied 14 by the required renewal licensing fee, at least thirty days 15 prior to the expiration date of the license. 16 3. The board department shall notify each licensee by mail 17 at least sixty days prior to the expiration of a license. 18 5. The board department shall, by rule, establish a 19 reinstatement process for a licensee who allows a license to 20 lapse, including reasonable penalties. 21 Sec. 14. Section 105.20, subsection 6, paragraph a, Code 22 2013, is amended to read as follows: 23 a. The board department shall establish continuing education 24 requirements pursuant to section 272C.2 . The basic continuing 25 education requirement for renewal of a license shall be the 26 completion, during the immediately preceding license term, 27 of the number of classroom hours of instruction required by 28 the board department in courses or seminars which have been 29 approved by the board department . The board department shall 30 require at least eight classroom hours of instruction during 31 each three-year licensing term. 32 Sec. 15. Section 105.21, Code 2013, is amended to read as 33 follows: 34 105.21 Reciprocal licenses. 35 -9- LSB 1333YH (9) 85 jr/sc 9/ 12

H.F. 260 The board department may license without examination a 1 nonresident applicant who is licensed under plumbing, HVAC, 2 refrigeration, or hydronic professional licensing statutes of 3 another state having similar licensing requirements as those 4 set forth in this chapter and the rules adopted under this 5 chapter if the other state grants the same reciprocal licensing 6 privileges to residents of Iowa who have obtained Iowa plumbing 7 or mechanical professional licenses under this chapter . The 8 department, in consultation with the board , shall adopt the 9 necessary rules, not inconsistent with the law, for carrying 10 out the reciprocal relations with other states which are 11 authorized by this chapter . 12 Sec. 16. Section 105.22, unnumbered paragraph 1, Code 2013, 13 is amended to read as follows: 14 A license to practice as a contractor or as a plumbing, 15 HVAC, refrigeration, or hydronic professional may be revoked 16 or suspended, or an application for licensure may be denied 17 pursuant to procedures established pursuant to chapter 272C by 18 the board department in consultation with the board , or the 19 licensee may be otherwise disciplined in accordance with that 20 chapter, when the licensee commits any of the following acts 21 or offenses: 22 Sec. 17. Section 105.22, subsection 10, Code 2013, is 23 amended to read as follows: 24 10. Any other such grounds as established by rule by the 25 department, in consultation with the board. 26 Sec. 18. Section 105.28, Code 2013, is amended to read as 27 follows: 28 105.28 Enforcement. 29 The board department shall enforce the provisions of this 30 chapter . Every licensee and member of the board shall furnish 31 the board department such evidence as the licensee or member 32 may have relative to any alleged violation which is being 33 investigated. 34 Sec. 19. Section 105.29, Code 2013, is amended to read as 35 -10- LSB 1333YH (9) 85 jr/sc 10/ 12

H.F. 260 follows: 1 105.29 Report of violators. 2 Every licensee and every member of the board shall report to 3 the board department the name of every person who is practicing 4 as a contractor or as a plumber or mechanical professional 5 without a license issued pursuant to this chapter pursuant 6 to the knowledge or reasonable belief of the person making 7 the report. The opening of an office or place of business 8 for the purpose of providing any services for which a license 9 is required by this chapter , the announcing to the public in 10 any way the intention to provide any such service, the use of 11 any professional designation, or the use of any sign, card, 12 circular, device, vehicle, or advertisement, as a provider of 13 any such services shall be prima facie evidence of engaging 14 in the practice of a contractor or a plumber or mechanical 15 professional. 16 Sec. 20. Section 272C.1, subsection 6, unnumbered paragraph 17 1, Code 2013, is amended to read as follows: 18 “Licensing board” or “board” includes the following boards 19 or agencies : 20 Sec. 21. Section 272C.1, subsection 6, paragraph ae, Code 21 2013, is amended to read as follows: 22 ae. The plumbing and mechanical systems board, created 23 pursuant to chapter 105 and the department of public health 24 acting pursuant to chapter 105 . 25 EXPLANATION 26 This bill vests the department of public health with 27 regulatory and administrative authority to implement Code 28 chapter 105, relating to plumbers, mechanical professionals, 29 and contractors. Rulemaking authority is vested with the 30 department of public health, in consultation with the plumbing 31 and mechanical systems board. The board retains the authority 32 to conduct contested cases and impose licensee discipline, 33 including revocation and suspension of licenses, but the bill 34 provides that the department, in consultation with the board, 35 -11- LSB 1333YH (9) 85 jr/sc 11/ 12

H.F. 260 shall establish procedures and adopt rules relating to license 1 revocation or suspension. 2 The bill provides, notwithstanding Code section 21.5, 3 subsection 4, relating to closed session meetings held by 4 governmental bodies, that the minutes and audio recording of a 5 closed session of a meeting of the board shall be accessible 6 to the office of the citizens’ aide without an order of the 7 court and only for purposes of conducting a confidential 8 investigation in response to a complaint relating to the board. 9 -12- LSB 1333YH (9) 85 jr/sc 12/ 12