House File 587 - Introduced HOUSE FILE 587 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 189) (COMPANION TO 1690SV BY COMMITTEE ON STATE GOVERNMENT) A BILL FOR An Act relating to the licensing of plumbing, mechanical, 1 HVAC-refrigeration, sheet metal, or hydronic professionals, 2 including transition provisions, including effective date 3 provisions, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1690HV (7) 85 jr/sc

H.F. 587 Section 1. Section 91C.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. The labor services division of the Iowa 3 department of workforce development and the Iowa department of 4 public health will work with stakeholders to develop a plan to 5 combine the contractor registration and contractor licensing 6 application process for contractors licensed under chapter 105, 7 to be implemented in time for licensing renewals due July 1, 8 2017. The department of public health shall transfer to the 9 labor services division a portion of each contractor license 10 fee equal to three times the current contractor registration 11 fee. Effective July 1, 2017, a contractor licensed under 12 chapter 105 shall register as a contractor under this chapter 13 in conjunction with the contractor licensing process. At no 14 cost to the labor services division, the department of public 15 health shall collect both the registration and licensing 16 applications as part of one combined application. The 17 labor commissioner shall design the contractor registration 18 application form to exclude from the division of labor’s 19 contractor registration application process those contractors 20 who are also covered by chapter 105. The labor commissioner 21 is authorized to adopt rules as needed to accomplish a merger 22 of the application systems including transitional registration 23 periods and fees. 24 Sec. 2. Section 105.2, subsections 1, 3, 6, 9, 10, 11, 12, 25 and 17, Code 2013, are amended to read as follows: 26 1. “Apprentice” means any person, other than a helper, 27 journeyperson, or master, who, as a principal occupation, 28 is engaged in working as an employee of a plumbing, HVAC, 29 refrigeration, mechanical, HVAC-refrigeration, sheet metal, or 30 hydronic systems contractor under the direct supervision of 31 either a master or a journeyperson and is progressing toward 32 completion of an apprenticeship training program registered by 33 the office of apprenticeship of the United States department of 34 labor while learning and assisting in the design, installation, 35 -1- LSB 1690HV (7) 85 jr/sc 1/ 18

H.F. 587 and repair of plumbing, HVAC, refrigeration, sheet metal, or 1 hydronic systems, as applicable. 2 3. “Contractor” means a person or entity that provides 3 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 4 hydronic systems services on a contractual basis and who is 5 paid a predetermined amount under that contract for rendering 6 those services. 7 6. “Helper” means a person engaged in general manual 8 labor activities who provides assistance to an apprentice, 9 journeyperson, or master while under the direct supervision of 10 a journeyperson or master. 11 9. “Journeyperson” means any person, other than a master, 12 who, as a principal occupation, is engaged as an employee of, 13 or otherwise working under the direction of, a master in the 14 design, installation, and repair of plumbing, mechanical, HVAC, 15 refrigeration, sheet metal, or hydronic systems, as applicable. 16 10. “Master” means any person who works in the planning 17 or superintending of the design, installation, or repair of 18 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 19 hydronic systems and is otherwise lawfully qualified to conduct 20 the business of plumbing, mechanical, HVAC, refrigeration, 21 sheet metal, or hydronic systems, and who is familiar with the 22 laws and rules governing the same. 23 11. “Mechanical professional” means a person engaged in the 24 HVAC, refrigeration, sheet metal, or hydronic industry. 25 12. “Mechanical systems” means HVAC, refrigeration, sheet 26 metal, and hydronic systems. 27 17. “Routine maintenance” means the maintenance, repair, 28 or replacement of existing fixtures or parts of plumbing, 29 mechanical, HVAC, refrigeration, sheet metal, or hydronic 30 systems in which no changes in original design are made. 31 Fixtures or parts do not include smoke and fire dampers, or 32 water, gas, or steam piping permanent repairs except for traps 33 or strainers. “Routine maintenance” shall include emergency 34 repairs, and the board shall define the term “emergency repairs” 35 -2- LSB 1690HV (7) 85 jr/sc 2/ 18

H.F. 587 to include the repair of water pipes to prevent imminent 1 damage to property. “Routine maintenance” does not include the 2 replacement of furnaces, boilers, cooling appliances, or water 3 heaters more than one hundred gallons in size. 4 Sec. 3. Section 105.2, Code 2013, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 18. “Sheet metal” means heating, 7 ventilation, air conditioning, pollution control, fume hood 8 systems and related ducted systems or installation of equipment 9 associated with any component of a sheet metal system. “Sheet 10 metal” excludes refrigeration and electrical lines and all 11 natural gas, propane, liquid propane, or other gas lines 12 associated with any component of a sheet metal system. 13 Sec. 4. Section 105.3, subsection 7, Code 2013, is amended 14 to read as follows: 15 7. The board may maintain a membership in any national 16 organization of state boards for the professions of plumbing, 17 mechanical, HVAC, refrigeration, sheet metal, or hydronic 18 professionals, with all membership fees to be paid from funds 19 appropriated to the board. 20 Sec. 5. Section 105.4, subsection 1, Code 2013, is amended 21 to read as follows: 22 1. The board shall establish by rule a plumbing installation 23 code governing the installation of plumbing in this state. 24 The board shall adopt the most current version of the uniform 25 plumbing code and the international mechanical code, as the 26 state plumbing code and the state mechanical code, to govern 27 the installation of plumbing and mechanical systems in this 28 state. The board shall adopt the current version of each code 29 within six months of its being released. However, the board 30 and local jurisdictions may adopt standards that are more 31 restrictive. Local jurisdictions shall have until December 32 31, 2015, to comply with the state plumbing code and state 33 mechanical code. 34 Sec. 6. Section 105.5, Code 2013, is amended by adding the 35 -3- LSB 1690HV (7) 85 jr/sc 3/ 18

H.F. 587 following new subsection: 1 NEW SUBSECTION . 4. The board shall adopt an industry 2 standardized examination for each license type. If a 3 standardized examination is not available for a specified 4 license type, the board shall work with the appropriate testing 5 vendor to create an examination for the specified license type. 6 Sec. 7. Section 105.9, subsections 6, 7, 8, and 10, Code 7 2013, are amended by striking the subsections. 8 Sec. 8. Section 105.9, Code 2013, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 11. a. Licenses issued under this chapter 11 on or after July 1, 2014, shall expire on the same renewal date 12 every three years, beginning with June 30, 2017. 13 b. New licenses issued after the July 1 beginning of each 14 three-year renewal cycle shall be prorated using a one-sixth 15 deduction for each six-month period of the renewal cycle. 16 Sec. 9. Section 105.10, subsections 1 and 2, Code 2013, are 17 amended to read as follows: 18 1. Except as provided in section 105.11 , a person shall 19 not operate as a contractor or install or repair plumbing, 20 mechanical, HVAC, refrigeration, sheet metal, or hydronic 21 systems without obtaining a license issued by the board, or 22 install or repair medical gas piping systems without obtaining 23 a valid certification approved by the board. 24 2. Except as provided in section 105.11 , a person shall not 25 engage in the business of designing, installing, or repairing 26 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 27 hydronic systems unless at all times a licensed master, who 28 shall be responsible for the proper designing, installing, and 29 repairing of the HVAC, refrigeration, sheet metal, or hydronic 30 system, is employed by the person and is actively in charge of 31 the plumbing, mechanical, HVAC, refrigeration, sheet metal, or 32 hydronic work of the person. An individual who performs such 33 work pursuant to a business operated as a sole proprietorship 34 shall be a licensed master in the applicable discipline. 35 -4- LSB 1690HV (7) 85 jr/sc 4/ 18

H.F. 587 Sec. 10. Section 105.10, subsection 3, Code 2013, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 3. An individual holding a master mechanical license shall 4 not be required to get an HVAC-refrigeration, sheet metal, or 5 hydronic license in order to design, install, or repair the 6 work defined in this chapter as mechanical, HVAC-refrigeration, 7 sheet metal, or hydronic work. An individual holding a 8 journey mechanical license shall not be required to get an 9 HVAC-refrigeration, sheet metal, or hydronic license in order 10 to install and repair the work defined in this chapter as 11 mechanical, HVAC-refrigeration, sheet metal, or hydronic work. 12 An individual holding a master or journey mechanical license 13 shall also not be required to obtain a special, restricted 14 license that is designated as a sublicense of the mechanical, 15 HVAC-refrigeration, sheet metal, or hydronic licenses. 16 Sec. 11. Section 105.10, subsection 5, Code 2013, is amended 17 by striking the subsection. 18 Sec. 12. Section 105.11, subsections 1, 7, and 10, Code 19 2013, are amended to read as follows: 20 1. Apply to a person licensed as an engineer pursuant to 21 chapter 542B , licensed as a manufactured home retailer or 22 certified as a manufactured home installer pursuant to chapter 23 103A , registered as an architect pursuant to chapter 544A , or 24 licensed as a landscape architect pursuant to chapter 544B 25 who provides consultations or develops plans or other work 26 concerning plumbing, HVAC, refrigeration, sheet metal, or 27 hydronic work and who is exclusively engaged in the practice of 28 the person’s profession. 29 7. Require a helper engaged in general manual labor 30 activities while providing assistance to an apprentice, 31 journeyperson, or master to obtain a plumbing, HVAC, 32 refrigeration, mechanical, HVAC-refrigeration, sheet metal, 33 or hydronic license. Experience as a helper shall not be 34 considered as practical experience for a journeyperson license. 35 -5- LSB 1690HV (7) 85 jr/sc 5/ 18

H.F. 587 10. Apply to the employees of manufacturers, manufacturer 1 representatives, or wholesale suppliers who provide 2 consultation or develop plans concerning plumbing, HVAC, 3 refrigeration, sheet metal, or hydronic work, or who assist 4 a person licensed under this chapter in the installation of 5 mechanical or plumbing systems. 6 Sec. 13. Section 105.12, subsection 1, Code 2013, is amended 7 to read as follows: 8 1. A contracting, plumbing, HVAC, refrigeration, 9 mechanical, HVAC-refrigeration, sheet metal, or hydronic 10 license shall be in the form of a certificate under the seal of 11 the department, signed by the director of public health, and 12 shall be issued in the name of the board. The license number 13 shall be noted on the face of the license. 14 Sec. 14. Section 105.15, Code 2013, is amended to read as 15 follows: 16 105.15 Registry of licenses. 17 The name, location, license number, and date of issuance of 18 the license of each person to whom a license has been issued 19 shall be entered in a registry kept in the office of the 20 department to be known as the plumbing, HVAC, refrigeration, 21 mechanical, HVAC-refrigeration, sheet metal, or hydronic 22 registry. The registry may be electronic and shall be open 23 to public inspection ; however . However , the licensee’s home 24 address, home telephone number, and other personal information 25 as determined by rule shall be confidential. 26 Sec. 15. Section 105.16, Code 2013, is amended to read as 27 follows: 28 105.16 Change of residence. 29 If a person licensed to practice as a contractor or a 30 plumbing, HVAC, refrigeration, mechanical, HVAC-refrigeration, 31 sheet metal, or hydronic professional under this chapter 32 changes the person’s residence or place of practice, the person 33 shall so notify the board. 34 Sec. 16. Section 105.17, Code 2013, is amended to read as 35 -6- LSB 1690HV (7) 85 jr/sc 6/ 18

H.F. 587 follows: 1 105.17 Preemption of local licensing requirements. 2 1. The provisions of this chapter regarding the licensing of 3 plumbing, HVAC, refrigeration, mechanical, HVAC-refrigeration, 4 sheet metal, and hydronic professionals and contractors shall 5 supersede and preempt all plumbing, HVAC, refrigeration, 6 mechanical, HVAC-refrigeration, sheet metal, hydronic, 7 and contracting licensing provisions of all governmental 8 subdivisions. 9 a. A governmental subdivision that issues licenses on 10 July 1, 2008, shall continue to issue licenses until June 30, 11 2009. On July 1, 2009, all plumbing and mechanical licensing 12 provisions promulgated by any governmental subdivision shall 13 be null and void, except reciprocal licenses as provided in 14 section 105.21 , and of no further force and effect. 15 b. On and after July 1, 2008, a governmental subdivision 16 shall not prohibit a contractor or a plumbing, HVAC, 17 refrigeration, mechanical, HVAC-refrigeration, sheet metal, 18 or hydronic professional licensed pursuant to this chapter 19 from performing services for which that person is licensed 20 pursuant to this chapter or enforce any plumbing and 21 mechanical licensing provisions promulgated by the governmental 22 subdivision against a person licensed pursuant to this chapter . 23 2. Nothing in this chapter shall prohibit a governmental 24 subdivision from assessing and collecting permit fees or 25 inspection fees related to work performed by plumbers and 26 mechanical plumbing, mechanical, HVAC-refrigeration, sheet 27 metal, or hydronic professionals. 28 Sec. 17. Section 105.18, subsection 2, unnumbered paragraph 29 1, Code 2013, is amended to read as follows: 30 The board shall issue separate master licenses for plumbing, 31 HVAC, refrigeration mechanical, HVAC-refrigeration, sheet 32 metal , and hydronic professionals and for contractors . The 33 board shall issue journeyperson licenses for plumbing, 34 mechanical, HVAC-refrigeration, sheet metal, and hydronic 35 -7- LSB 1690HV (7) 85 jr/sc 7/ 18

H.F. 587 professionals. A plumbing license shall allow an individual 1 to perform work defined as plumbing. A mechanical license 2 shall allow an individual to perform work defined as 3 HVAC, refrigeration, sheet metal, and hydronic. An 4 HVAC-refrigeration license shall allow an individual to perform 5 work defined as HVAC and refrigeration. A hydronic license 6 shall allow an individual to perform work defined as hydronic. 7 A sheet metal license shall allow an individual to perform work 8 defined as sheet metal. The board shall issue the separate 9 licenses as follows: 10 Sec. 18. Section 105.18, subsection 2, paragraph a, 11 subparagraph (2), Code 2013, is amended to read as follows: 12 (2) Certify that the person will work under the direct 13 supervision of a licensed journeyperson or master in the 14 applicable discipline who is licensed to do the type of 15 work that the apprentice is performing . For the purposes of 16 this chapter, direct supervision means that the supervising 17 journeyperson or master is on the same job site as the 18 apprentice. 19 Sec. 19. Section 105.18, subsection 2, paragraph b, Code 20 2013, is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (3) An individual who has passed 22 both the journeyperson HVAC-refrigeration examination and 23 the journeyperson hydronic examination separately shall 24 be qualified to be issued a journeyperson mechanical 25 license without having to pass the journeyperson mechanical 26 examination. 27 Sec. 20. Section 105.18, subsection 2, paragraph c, Code 28 2013, is amended to read as follows: 29 c. Master license. (1) In order to be licensed by the 30 board as a master, a person shall do all of the following: 31 (1) (a) File an application and pay application fees as 32 established by the board, which application shall establish 33 that the person meets the minimum educational and experience 34 requirements adopted by the board. 35 -8- LSB 1690HV (7) 85 jr/sc 8/ 18

H.F. 587 (2) (b) Pass the state master licensing examination for the 1 applicable discipline. 2 (3) (c) Provide evidence to the board that the person 3 has previously been a licensed journeyperson or master in the 4 applicable discipline. 5 (2) An individual who has passed both the master 6 HVAC-refrigeration examination and the master hydronic 7 examination separately shall be qualified to be issued a master 8 mechanical license without having to pass the master mechanical 9 examination. 10 Sec. 21. Section 105.18, subsection 2, paragraph d, 11 subparagraph (1), Code 2013, is amended by striking the 12 subparagraph and inserting in lieu thereof the following: 13 (1) File an application and pay application fees as 14 established by the board and establish that the person meets 15 the minimum requirements adopted by the board. Through 16 June 30, 2016, the application shall include the person’s 17 state contractor registration number. After July 1, 2017, 18 the application shall include proof of workers compensation 19 insurance coverage, proof of unemployment insurance compliance, 20 and, for out-of-state contractors, a bond as described in 21 chapter 91C. 22 Sec. 22. Section 105.18, subsection 3, paragraph b, Code 23 2013, is amended to read as follows: 24 b. Special, restricted license. The board may by rule 25 provide for the issuance of special plumbing and mechanical 26 professional licenses authorizing the licensee to engage in a 27 limited class or classes of plumbing or mechanical professional 28 work, which class or classes shall be specified on the license. 29 Each licensee shall have experience, acceptable to the board, 30 in each such limited class for which the person is licensed. 31 The board shall designate each special, restricted license to 32 be a sublicense of either a plumbing, HVAC, refrigeration, 33 mechanical, HVAC-refrigeration, sheet metal, or hydronic 34 license. A special, restricted license may be a sublicense of 35 -9- LSB 1690HV (7) 85 jr/sc 9/ 18

H.F. 587 multiple types of licenses. An individual holding a master 1 or journeyperson, plumbing, HVAC, refrigeration, mechanical, 2 HVAC-refrigeration, sheet metal, or hydronic license shall not 3 be required to obtain any special, restricted license which is 4 a sublicense of the license that the individual holds. Special 5 plumbing and mechanical professional licenses shall be issued 6 to employees of a rate-regulated gas or electric public utility 7 who conduct the repair of appliances. “Repair of appliances” 8 means the repair or replacement of mechanical connections 9 between the appliance shutoff valve and the appliance and 10 repair of or replacement of parts to the appliance. Such 11 special, restricted license shall require certification 12 pursuant to industry-accredited certification standards. 13 Sec. 23. Section 105.18, subsection 3, paragraph d, Code 14 2013, is amended to read as follows: 15 d. An individual that holds either a master or 16 journeyperson HVAC license or a master or journeyperson 17 refrigeration mechanical license or a master or journeyperson 18 HVAC-refrigeration license shall be exempt from having to 19 obtain a special electrician’s license pursuant to chapter 103 20 in order to perform disconnect and reconnect of existing air 21 conditioning and refrigeration systems. 22 Sec. 24. Section 105.18, subsection 4, Code 2013, is amended 23 by striking the subsection. 24 Sec. 25. Section 105.19, subsections 2 and 3, Code 2013, are 25 amended to read as follows: 26 2. If the applicant is engaged in plumbing, mechanical, 27 HVAC, refrigeration, sheet metal, or hydronic work individually 28 through a business conducted as a sole proprietorship, the 29 applicant shall personally obtain the insurance and surety 30 bond required by this section . If the applicant is engaged in 31 the plumbing, mechanical, HVAC, refrigeration, sheet metal, or 32 hydronic business as an employee or owner of a legal entity, 33 then the insurance and surety bond required by this section 34 shall be obtained by the entity and shall cover all plumbing or 35 -10- LSB 1690HV (7) 85 jr/sc 10/ 18

H.F. 587 mechanical work performed by the entity. 1 3. The insurance and surety bond shall be written by an 2 entity licensed to do business in this state and each licensed 3 contractor shall maintain on file with the board a certificate 4 evidencing the insurance providing that the insurance or surety 5 bond shall not be canceled without the entity first giving 6 fifteen ten days’ written notice to the board. 7 Sec. 26. Section 105.20, subsection 3, Code 2013, is amended 8 to read as follows: 9 3. a. The board shall notify each licensee by mail at least 10 sixty days prior to the expiration of a license. 11 b. This subsection is repealed effective December 31, 2016. 12 Sec. 27. Section 105.21, Code 2013, is amended to read as 13 follows: 14 105.21 Reciprocal licenses. 15 The board may license without examination a nonresident 16 applicant who is licensed under plumbing, HVAC, refrigeration, 17 mechanical, HVAC-refrigeration, sheet metal, or hydronic 18 professional licensing statutes of another state having similar 19 licensing requirements as those set forth in this chapter and 20 the rules adopted under this chapter if the other state grants 21 the same reciprocal licensing privileges to residents of Iowa 22 who have obtained Iowa plumbing or mechanical professional 23 licenses under this chapter . The board shall adopt the 24 necessary rules, not inconsistent with the law, for carrying 25 out the reciprocal relations with other states which are 26 authorized by this chapter . 27 Sec. 28. Section 105.22, unnumbered paragraph 1, Code 2013, 28 is amended to read as follows: 29 A license to practice as a contractor or as a plumbing, HVAC, 30 refrigeration, mechanical, HVAC-refrigeration, sheet metal, 31 or hydronic professional may be revoked or suspended, or an 32 application for licensure may be denied pursuant to procedures 33 established pursuant to chapter 272C by the board, or the 34 licensee may be otherwise disciplined in accordance with that 35 -11- LSB 1690HV (7) 85 jr/sc 11/ 18

H.F. 587 chapter, when the licensee commits any of the following acts 1 or offenses: 2 Sec. 29. Section 105.22, subsection 8, Code 2013, is amended 3 to read as follows: 4 8. Aiding and abetting a person who is not licensed pursuant 5 to this chapter in that person’s pursuit of an unauthorized and 6 unlicensed plumbing, mechanical, HVAC, refrigeration, sheet 7 metal, or hydronic professional practice. 8 Sec. 30. Section 105.25, Code 2013, is amended to read as 9 follows: 10 105.25 Advertising —— violations —— penalties. 11 1. Only a person who is duly licensed pursuant to this 12 chapter may advertise the fact that the person is licensed as a 13 contractor or as a plumbing, HVAC, refrigeration, mechanical, 14 HVAC-refrigeration, sheet metal, or hydronic professional by 15 the state of Iowa. 16 2. All written advertisements distributed in this state by a 17 person who is engaged in the business of designing, installing, 18 or repairing plumbing, HVAC, refrigeration, sheet metal, or 19 hydronic systems shall include the listing of at least one 20 master the contractor license number, as applicable. A master 21 plumbing, HVAC, refrigeration, or hydronic professional shall 22 not allow the master’s license number to be used in connection 23 with the advertising for more than one person engaged in the 24 business of designing, installing, or repairing plumbing, HVAC, 25 refrigeration, or hydronic systems. 26 3. A person who fraudulently claims to be a licensed 27 contractor or a licensed plumbing, HVAC, refrigeration, 28 mechanical, HVAC-refrigeration, sheet metal, or hydronic 29 professional pursuant to this chapter , either in writing, 30 cards, signs, circulars, advertisements, or other 31 communications, is guilty of a simple misdemeanor. 32 4. A person who fraudulently lists a contractor or a master 33 plumbing, HVAC, refrigeration, or hydronic license number in 34 connection with that person’s advertising or falsely displays 35 -12- LSB 1690HV (7) 85 jr/sc 12/ 18

H.F. 587 a contractor or a master plumbing, HVAC, refrigeration, or 1 hydronic professional license number is guilty of a simple 2 misdemeanor. In order to be entitled to use a license number 3 of a master plumbing, HVAC, refrigeration, or hydronic 4 professional, the master plumbing, HVAC, refrigeration, or 5 hydronic professional must be employed by the person in whose 6 name the business of designing, installing, or repairing 7 plumbing or mechanical systems is being conducted. A person 8 who fraudulently lists a license number in connection with that 9 person’s advertising or falsely displays a license number is 10 guilty of a simple misdemeanor. 11 Sec. 31. Section 105.29, Code 2013, is amended to read as 12 follows: 13 105.29 Report of violators. 14 Every licensee and every member of the board shall report 15 to the board the name of every person who is practicing 16 as a contractor or as a plumber or plumbing, mechanical , 17 HVAC-refrigeration, sheet metal, or hydronic professional 18 without a license issued pursuant to this chapter pursuant 19 to the knowledge or reasonable belief of the person making 20 the report. The opening of an office or place of business 21 for the purpose of providing any services for which a license 22 is required by this chapter , the announcing to the public in 23 any way the intention to provide any such service, the use of 24 any professional designation, or the use of any sign, card, 25 circular, device, vehicle, or advertisement, as a provider of 26 any such services shall be prima facie evidence of engaging 27 in the practice of a contractor or a plumber or plumbing, 28 mechanical , HVAC-refrigeration, sheet metal, or hydronic 29 professional. 30 Sec. 32. NEW SECTION . 105.31 Licenses. 31 1. License expiration. 32 a. All licenses that currently possess an expiration date 33 prior to June 30, 2014, shall be granted a one-time extension 34 of the expiration date to June 30, 2014, at no additional 35 -13- LSB 1690HV (7) 85 jr/sc 13/ 18

H.F. 587 charge or continuing education requirements. The licensees of 1 these licenses shall pay a full renewal fee upon renewal and 2 shall be issued a license with an expiration date of June 30, 3 2017. Applicable late renewal fees shall apply during this 4 period. 5 b. Licenses with an expiration date of July 1, 2014, or 6 later shall have the license renewal fee prorated using a 7 one-sixth deduction for each six-month period following July 8 1, 2014. Applicable late renewal fees shall apply during this 9 period. Licenses renewed through June 29, 2017, shall be 10 issued with an expiration date of June 30, 2017. 11 2. License reissue. A license reissued pursuant to this 12 subsection shall be for the same level of license held by the 13 licensee on the effective date of this Act, but may be for a 14 class described in paragraphs “a” through “e” , if applicable. A 15 license shall be reissued at the date of the first renewal. 16 a. An individual with either an HVAC or a refrigeration 17 license will be issued an HVAC-refrigeration license. 18 b. An individual who holds an HVAC and a hydronic license 19 will be issued a mechanical license at the first renewal. 20 c. An individual who holds a refrigeration and a hydronic 21 license will be issued a mechanical license. 22 d. An individual who holds only a hydronic license will be 23 issued a hydronic license. 24 e. An individual who holds an HVAC or a refrigeration 25 license may take the hydronic test before June 30, 2014, in 26 order to be issued a mechanical license at the time of renewal. 27 Sec. 33. NEW SECTION . 105.32 Transition provisions. 28 A licensee whose license expires between June 30, 2014, and 29 July 1, 2017, may voluntarily renew their license early so they 30 may have an expiration date of June 30, 2017. This voluntary 31 early renewal may happen at any time on or after July 1, 2014. 32 The department shall promulgate rules that allow for this 33 one-time early renewal process, including fees and continuing 34 education requirements. 35 -14- LSB 1690HV (7) 85 jr/sc 14/ 18

H.F. 587 Sec. 34. Section 331.301, subsection 6, paragraph b, Code 1 2013, is amended to read as follows: 2 b. A county shall not impose any fee or charge on any 3 individual or business licensed by the board for the right to 4 perform plumbing, mechanical, HVAC, refrigeration, sheet metal 5 or hydronic systems work within the scope of the license. This 6 paragraph does not prohibit a county from charging fees for the 7 issuance of permits for, and inspections of, work performed in 8 its jurisdiction. 9 Sec. 35. Section 364.3, subsection 3, paragraph b, Code 10 2013, is amended to read as follows: 11 b. A city shall not impose any fee or charge on any 12 individual or business licensed by the board for the right to 13 perform plumbing, mechanical, HVAC, refrigeration, sheet metal 14 or hydronic systems work within the scope of the license. This 15 paragraph does not prohibit a city from charging fees for the 16 issuance of permits for, and inspections of, work performed in 17 its jurisdiction. 18 Sec. 36. EMERGENCY RULES. The plumbing and mechanical 19 systems board may adopt emergency rules under section 17A.4, 20 subsection 3, and section 17A.5, subsection 2, paragraph “b”, 21 to implement the provisions of this Act and the rules shall 22 be effective immediately upon filing unless a later date is 23 specified in the rules. Any rules adopted in accordance with 24 this section shall also be published as a notice of intended 25 action as provided in section 17A.4. 26 Sec. 37. EFFECTIVE UPON ENACTMENT. This Act, being deemed 27 of immediate importance, takes effect upon enactment. 28 EXPLANATION 29 This bill makes changes relating to the licensing of 30 plumbing, mechanical, HVAC-refrigeration, sheet metal, or 31 hydronic professionals, and includes transition provisions. 32 The bill redefines plumbing, HVAC, refrigeration, or 33 hydronic systems professionals as plumbing, mechanical, 34 HVAC-refrigeration, sheet metal, or hydronic professionals and 35 -15- LSB 1690HV (7) 85 jr/sc 15/ 18

H.F. 587 makes related changes. 1 A plumbing license allows an individual to perform plumbing 2 work. A mechanical license allows an individual to perform 3 HVAC, refrigeration, sheet metal, and hydronic work. An 4 HVAC-refrigeration license allows an individual to perform 5 HVAC and refrigeration work. A hydronic license shall allow 6 an individual to perform hydronic work. A sheet metal license 7 allows an individual to perform sheet metal work. 8 The bill requires that the labor services division of 9 the department of workforce development and the department 10 of public health develop a plan to combine the contractor 11 registration and contractor licensing application process 12 for contractors licensed under Code chapter 105, to be 13 implemented in time for licensing renewals due July 1, 2017. 14 The department of public health shall transfer to the labor 15 services division a portion of each contractor license fee 16 equal to three times the current contractor registration 17 fee. Effective July 1, 2017, a contractor licensed under Code 18 chapter 105 shall register as a contractor under Code chapter 19 91C. 20 The bill adds “sheet metal” to the list of licensed 21 professionals. The term includes heating, ventilation, air 22 conditioning, pollution control, fume hood systems, and related 23 ducted systems. 24 The bill requires that the board adopt the most current 25 version of the uniform plumbing code and the international 26 mechanical code. Local jurisdictions must comply with the 27 state plumbing code and state mechanical code, as provided for 28 in the bill, by December 31, 2015. However, the bill provides 29 that the board and local jurisdictions may adopt standards that 30 are more restrictive. 31 The bill requires that the board adopt an industry 32 standardized examination for each license type. If a 33 standardized examination is not available for a specified 34 license type, the board shall work with the testing vendor to 35 -16- LSB 1690HV (7) 85 jr/sc 16/ 18

H.F. 587 create an examination for the specified license type. 1 The bill requires that an apprentice work under the direct 2 supervision of an appropriately licensed journeyperson or 3 master who is on the same job site. 4 The bill provides that an individual who has passed both 5 the journeyperson HVAC-refrigeration examination and the 6 journeyperson hydronic examination separately shall be 7 issued a journeyperson mechanical license without having to 8 pass an examination. An individual who has passed both the 9 master HVAC-refrigeration examination and the master hydronic 10 examination separately shall be issued a master mechanical 11 license without having to pass an examination. 12 Relating to the use of master license numbers in 13 advertising, the bill requires a contractor license number, 14 instead of master license number, in written advertisements and 15 also eliminates a current provision that prohibited the use of 16 a master’s license number in connection with the advertising 17 for more than one person engaged in the business. 18 The bill repeals, effective December 31, 2016, the 19 requirement that the board notify each licensee by mail at 20 least 60 days before the licensee’s license expires. 21 The bill provides that all licenses that currently possess 22 an expiration date prior to June 30, 2014, shall be granted a 23 one-time extension of the expiration date to June 30, 2014, 24 at no additional charge. Licenses issued on or after July 25 1, 2014, shall expire on the same renewal date every three 26 years, beginning with June 30, 2017. Licensees whose licenses 27 have an expiration date of July 1, 2014, or later shall be 28 issued a license with an expiration date of June 30, 2017, 29 and shall have the license renewal fee prorated. These 30 licensees may also voluntarily renew their licenses early and 31 be issued a license with a June 30, 2017, expiration date. 32 Licenses renewed through June 29, 2017, shall be issued with an 33 expiration date of June 30, 2017. 34 At the time of license renewal: 35 -17- LSB 1690HV (7) 85 jr/sc 17/ 18

H.F. 587 a. An individual with either an HVAC or a refrigeration 1 license will be issued an HVAC-refrigeration license. 2 b. An individual who holds an HVAC and a hydronic license 3 will be issued a mechanical license at the first renewal. 4 c. An individual who holds a refrigeration and a hydronic 5 license will be issued a mechanical license. 6 d. An individual who holds only a hydronic license will be 7 issued a hydronic license. 8 e. An individual who holds an HVAC or a refrigeration 9 license may take the hydronic test before June 30, 2014, in 10 order to be issued a mechanical license. 11 The bill exempts a holder of a mechanical license from the 12 requirement to also hold an HVAC-refrigeration, sheet metal, or 13 hydronic license in order to perform that work. 14 In addition to the administrative penalties set out in 15 Code chapter 272C, relating to licensees, Code chapter 105 16 makes it a simple misdemeanor for a person to claim to be a 17 mechanical, HVAC, refrigeration, sheet metal, or hydronic 18 contractor or professional. A simple misdemeanor is punishable 19 by confinement for no more than 30 days or a fine of at least 20 $65 but not more than $625 or both. 21 -18- LSB 1690HV (7) 85 jr/sc 18/ 18