House Study Bill 189 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act relating to the licensing of plumbing, mechanical, 1 HVAC-refrigeration, sheet metal, or hydronic professionals 2 and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1690YC (5) 85 jr/sc
H.F. _____ Section 1. Section 91C.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. A contractor licensed under chapter 3 105 shall be exempt from having to register in Iowa as 4 a contractor under this chapter. The Iowa department of 5 workforce development shall work with the Iowa department of 6 public health to ensure that the workers’ compensation and 7 unemployment insurance information provided on the contractor 8 license application is valid. The labor commissioner shall not 9 accept contractor registration applications from contractors 10 who are required to be licensed under chapter 105. 11 Sec. 2. Section 105.2, subsections 1, 3, 6, 9, 10, 11, 12, 12 and 17, Code 2013, are amended to read as follows: 13 1. “Apprentice” means any person, other than a helper, 14 journeyperson, or master, who, as a principal occupation, 15 is engaged in working as an employee of a plumbing, HVAC, 16 refrigeration, mechanical, HVAC-refrigeration, sheet metal, or 17 hydronic systems contractor under the direct supervision of 18 either a master or a journeyperson and is progressing toward 19 completion of an apprenticeship training program registered by 20 the office of apprenticeship of the United States department of 21 labor while learning and assisting in the design, installation, 22 and repair of plumbing, HVAC, refrigeration, sheet metal, or 23 hydronic systems, as applicable. 24 3. “Contractor” means a person or entity that provides 25 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 26 hydronic systems services on a contractual basis and who is 27 paid a predetermined amount under that contract for rendering 28 those services. 29 6. “Helper” means a person engaged in general manual 30 labor activities who provides assistance to an apprentice, 31 journeyperson, or master while under the direct supervision of 32 a journeyperson or master. 33 9. “Journeyperson” means any person, other than a master, 34 who, as a principal occupation, is engaged as an employee of, 35 -1- LSB 1690YC (5) 85 jr/sc 1/ 13
H.F. _____ or otherwise working under the direction of, a master in the 1 design, installation, and repair of plumbing, mechanical, HVAC, 2 refrigeration, sheet metal, or hydronic systems, as applicable. 3 10. “Master” means any person who works in the planning 4 or superintending of the design, installation, or repair of 5 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 6 hydronic systems and is otherwise lawfully qualified to conduct 7 the business of plumbing, mechanical, HVAC, refrigeration, 8 sheet metal, or hydronic systems, and who is familiar with the 9 laws and rules governing the same. 10 11. “Mechanical professional” means a person engaged in the 11 HVAC, refrigeration, sheet metal, or hydronic industry. 12 12. “Mechanical systems” means HVAC, refrigeration, sheet 13 metal, and hydronic systems. 14 17. “Routine maintenance” means the maintenance, repair, 15 or replacement of existing fixtures or parts of plumbing, 16 mechanical, HVAC, refrigeration, sheet metal, or hydronic 17 systems in which no changes in original design are made. 18 Fixtures or parts do not include smoke and fire dampers, or 19 water, gas, or steam piping permanent repairs except for traps 20 or strainers. “Routine maintenance” shall include emergency 21 repairs, and the board shall define the term “emergency repairs” 22 to include the repair of water pipes to prevent imminent 23 damage to property. “Routine maintenance” does not include the 24 replacement of furnaces, boilers, cooling appliances, or water 25 heaters more than one hundred gallons in size. 26 Sec. 3. Section 105.2, Code 2013, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 18. “Sheet metal” means heating, 29 ventilation, air conditioning, fume hood systems, and related 30 ducted systems, or installation of equipment associated 31 with any component of a sheet metal system, for purposes of 32 pollution control. “Sheet metal” excludes refrigeration and 33 electrical lines and all natural gas, propane, liquid propane, 34 or other gas lines associated with any component of a sheet 35 -2- LSB 1690YC (5) 85 jr/sc 2/ 13
H.F. _____ metal system. 1 Sec. 4. Section 105.3, subsection 2, paragraph a, 2 unnumbered paragraph 1, Code 2013, is amended to read as 3 follows: 4 The board shall be comprised of eleven nine members, 5 appointed by the governor, as follows: 6 Sec. 5. Section 105.3, subsection 2, paragraph a, 7 subparagraphs (1) and (2), Code 2013, are amended by striking 8 the subparagraphs. 9 Sec. 6. Section 105.3, subsection 7, Code 2013, is amended 10 to read as follows: 11 7. The board may maintain a membership in any national 12 organization of state boards for the professions of plumbing, 13 mechanical, HVAC, refrigeration, sheet metal, or hydronic 14 professionals, with all membership fees to be paid from funds 15 appropriated to the board. 16 Sec. 7. Section 105.4, subsection 1, Code 2013, is amended 17 to read as follows: 18 1. The board shall establish by rule a plumbing installation 19 code governing the installation of plumbing in this state. 20 The board shall adopt the most current version of the uniform 21 plumbing code and the international mechanical code, as the 22 state plumbing code and the state mechanical code, to govern 23 the installation of plumbing and mechanical systems in this 24 state. The board shall adopt the current version of each code 25 within six months of its being released. However, the board 26 and local jurisdictions may adopt standards that are more 27 restrictive. Local jurisdictions shall have until December 28 31, 2014, to comply with the state plumbing code and state 29 mechanical code. 30 Sec. 8. Section 105.9, subsections 6, 7, and 8, Code 2013, 31 are amended by striking the subsections. 32 Sec. 9. Section 105.10, subsections 1 and 2, Code 2013, are 33 amended to read as follows: 34 1. Except as provided in section 105.11 , a person shall 35 -3- LSB 1690YC (5) 85 jr/sc 3/ 13
H.F. _____ not operate as a contractor or install or repair plumbing, 1 mechanical, HVAC, refrigeration, sheet metal, or hydronic 2 systems without obtaining a license issued by the board, or 3 install or repair medical gas piping systems without obtaining 4 a valid certification approved by the board. 5 2. Except as provided in section 105.11 , a person shall not 6 engage in the business of designing, installing, or repairing 7 plumbing, mechanical, HVAC, refrigeration, sheet metal, or 8 hydronic systems unless at all times a licensed master, who 9 shall be responsible for the proper designing, installing, and 10 repairing of the HVAC, refrigeration, sheet metal, or hydronic 11 system, is employed by the person and is actively in charge of 12 the plumbing, mechanical, HVAC, refrigeration, sheet metal, or 13 hydronic work of the person. An individual who performs such 14 work pursuant to a business operated as a sole proprietorship 15 shall be a licensed master in the applicable discipline. 16 Sec. 10. Section 105.10, subsection 3, Code 2013, is amended 17 by striking the subsection and inserting in lieu thereof the 18 following: 19 3. An individual holding a master mechanical license shall 20 not be required to get a mechanical, HVAC-refrigeration, 21 sheet metal, or hydronic license in order to design, install, 22 or repair the work defined in this chapter as mechanical, 23 HVAC-refrigeration, sheet metal, or hydronic work. An 24 individual holding a journey mechanical license shall not be 25 required to get a mechanical, HVAC-refrigeration, sheet metal, 26 or hydronic license in order to install and repair the work 27 defined in this chapter as mechanical, HVAC-refrigeration, 28 sheet metal, or hydronic work. An individual holding a master 29 or journey mechanical license shall also not be required to 30 obtain a special, restricted license that is designated as a 31 sublicense of the mechanical, HVAC-refrigeration, sheet metal, 32 or hydronic licenses. 33 Sec. 11. Section 105.11, subsections 1, 7, and 10, Code 34 2013, are amended to read as follows: 35 -4- LSB 1690YC (5) 85 jr/sc 4/ 13
H.F. _____ 1. Apply to a person licensed as an engineer pursuant to 1 chapter 542B , licensed as a manufactured home retailer or 2 certified as a manufactured home installer pursuant to chapter 3 103A , registered as an architect pursuant to chapter 544A , or 4 licensed as a landscape architect pursuant to chapter 544B 5 who provides consultations or develops plans or other work 6 concerning plumbing, HVAC, refrigeration, sheet metal, or 7 hydronic work and who is exclusively engaged in the practice of 8 the person’s profession. 9 7. Require a helper engaged in general manual labor 10 activities while providing assistance to an apprentice, 11 journeyperson, or master to obtain a plumbing, HVAC, 12 refrigeration, mechanical, HVAC-refrigeration, sheet metal, 13 or hydronic license. Experience as a helper shall not be 14 considered as practical experience for a journeyperson license. 15 10. Apply to the employees of manufacturers, manufacturer 16 representatives, or wholesale suppliers who provide 17 consultation or develop plans concerning plumbing, HVAC, 18 refrigeration, sheet metal, or hydronic work, or who assist 19 a person licensed under this chapter in the installation of 20 mechanical or plumbing systems. 21 Sec. 12. Section 105.12, subsection 1, Code 2013, is amended 22 to read as follows: 23 1. A contracting, plumbing, HVAC, refrigeration, 24 mechanical, HVAC-refrigeration, sheet metal, or hydronic 25 license shall be in the form of a certificate under the seal of 26 the department, signed by the director of public health, and 27 shall be issued in the name of the board. The license number 28 shall be noted on the face of the license. 29 Sec. 13. Section 105.15, Code 2013, is amended to read as 30 follows: 31 105.15 Registry of licenses. 32 The name, location, license number, and date of issuance of 33 the license of each person to whom a license has been issued 34 shall be entered in a registry kept in the office of the 35 -5- LSB 1690YC (5) 85 jr/sc 5/ 13
H.F. _____ department to be known as the plumbing, HVAC, refrigeration, 1 mechanical, HVAC-refrigeration, sheet metal, or hydronic 2 registry. The registry may be electronic and shall be open 3 to public inspection ; however . However , the licensee’s home 4 address, home telephone number, and other personal information 5 as determined by rule shall be confidential. 6 Sec. 14. Section 105.16, Code 2013, is amended to read as 7 follows: 8 105.16 Change of residence. 9 If a person licensed to practice as a contractor or a 10 plumbing, HVAC, refrigeration, mechanical, HVAC-refrigeration, 11 sheet metal, or hydronic professional under this chapter 12 changes the person’s residence or place of practice, the person 13 shall so notify the board. 14 Sec. 15. Section 105.17, Code 2013, is amended to read as 15 follows: 16 105.17 Preemption of local licensing requirements. 17 1. The provisions of this chapter regarding the licensing of 18 plumbing, HVAC, refrigeration, mechanical, HVAC-refrigeration, 19 sheet metal, and hydronic professionals and contractors shall 20 supersede and preempt all plumbing, HVAC, refrigeration, 21 mechanical, HVAC-refrigeration, sheet metal, hydronic, 22 and contracting licensing provisions of all governmental 23 subdivisions. 24 a. A governmental subdivision that issues licenses on 25 July 1, 2008, shall continue to issue licenses until June 30, 26 2009. On July 1, 2009, all plumbing and mechanical licensing 27 provisions promulgated by any governmental subdivision shall 28 be null and void, except reciprocal licenses as provided in 29 section 105.21 , and of no further force and effect. 30 b. On and after July 1, 2008, a governmental subdivision 31 shall not prohibit a contractor or a plumbing, HVAC, 32 refrigeration, mechanical, HVAC-refrigeration, sheet metal, 33 or hydronic professional licensed pursuant to this chapter 34 from performing services for which that person is licensed 35 -6- LSB 1690YC (5) 85 jr/sc 6/ 13
H.F. _____ pursuant to this chapter or enforce any plumbing and 1 mechanical licensing provisions promulgated by the governmental 2 subdivision against a person licensed pursuant to this chapter . 3 2. Nothing in this chapter shall prohibit a governmental 4 subdivision from assessing and collecting permit fees or 5 inspection fees related to work performed by plumbers and 6 mechanical plumbing, mechanical, HVAC-refrigeration, sheet 7 metal, or hydronic professionals. 8 Sec. 16. Section 105.18, subsection 2, unnumbered paragraph 9 1, Code 2013, is amended to read as follows: 10 The board shall issue separate master and contractor 11 licenses for plumbing, HVAC, refrigeration mechanical, 12 HVAC-refrigeration, sheet metal , and hydronic professionals 13 and for contractors . The board shall issue apprentice 14 and journeyperson licenses for plumbing, mechanical, 15 HVAC-refrigeration, sheet metal, and hydronic professionals. 16 A plumbing license shall allow an individual to perform work 17 defined as plumbing. A mechanical license shall allow an 18 individual to perform work defined as HVAC, refrigeration, 19 sheet metal, and hydronic. An HVAC-refrigeration license 20 shall allow an individual to perform work defined as HVAC and 21 refrigeration. A hydronic license shall allow an individual to 22 perform work defined as hydronic. A sheet metal license shall 23 allow an individual to perform work defined as sheet metal. 24 The board shall issue the separate licenses as follows: 25 Sec. 17. Section 105.18, subsection 2, paragraph a, 26 subparagraph (2), Code 2013, is amended to read as follows: 27 (2) Certify that the person will work under the direct 28 supervision of a licensed journeyperson or master in the 29 applicable discipline who is licensed to do the type of 30 work that the apprentice is performing . For the purposes of 31 this chapter, direct supervision means that the supervising 32 journeyperson or master is on the same job site as the 33 apprentice. 34 Sec. 18. Section 105.18, subsection 2, paragraph d, 35 -7- LSB 1690YC (5) 85 jr/sc 7/ 13
H.F. _____ subparagraph (1), Code 2013, is amended to read as follows: 1 (1) File an application and pay application fees as 2 established by the board, which application shall provide the 3 person’s state contractor registration number proof of workers’ 4 compensation insurance coverage and unemployment insurance 5 compliance and establish that the person meets the minimum 6 requirements adopted by the board. 7 Sec. 19. Section 105.18, subsection 3, paragraph b, Code 8 2013, is amended to read as follows: 9 b. Special, restricted license. The board may by rule 10 provide for the issuance of special plumbing and mechanical 11 professional licenses authorizing the licensee to engage in a 12 limited class or classes of plumbing or mechanical professional 13 work, which class or classes shall be specified on the license. 14 Each licensee shall have experience, acceptable to the board, 15 in each such limited class for which the person is licensed. 16 The board shall designate each special, restricted license to 17 be a sublicense of either a plumbing, HVAC, refrigeration, 18 mechanical, HVAC-refrigeration, sheet metal, or hydronic 19 license. A special, restricted license may be a sublicense of 20 multiple types of licenses. An individual holding a master 21 or journeyperson, plumbing, HVAC, refrigeration, mechanical, 22 HVAC-refrigeration, sheet metal, or hydronic license shall not 23 be required to obtain any special, restricted license which is 24 a sublicense of the license that the individual holds. Special 25 plumbing and mechanical professional licenses shall be issued 26 to employees of a rate-regulated gas or electric public utility 27 who conduct the repair of appliances. “Repair of appliances” 28 means the repair or replacement of mechanical connections 29 between the appliance shutoff valve and the appliance and 30 repair of or replacement of parts to the appliance. Such 31 special, restricted license shall require certification 32 pursuant to industry-accredited certification standards. 33 Sec. 20. Section 105.18, subsection 3, paragraph d, Code 34 2013, is amended to read as follows: 35 -8- LSB 1690YC (5) 85 jr/sc 8/ 13
H.F. _____ d. An individual that holds either a master or 1 journeyperson HVAC license or a master or journeyperson 2 refrigeration mechanical license or a master or journeyperson 3 HVAC-refrigeration license shall be exempt from having to 4 obtain a special electrician’s license pursuant to chapter 103 5 in order to perform disconnect and reconnect of existing air 6 conditioning and refrigeration systems. 7 Sec. 21. Section 105.18, subsections 4 and 5, Code 2013, are 8 amended by striking the subsections. 9 Sec. 22. Section 105.21, Code 2013, is amended to read as 10 follows: 11 105.21 Reciprocal licenses. 12 The board may license without examination a nonresident 13 applicant who is licensed under plumbing, HVAC, refrigeration, 14 mechanical, HVAC-refrigeration, sheet metal, or hydronic 15 professional licensing statutes of another state having similar 16 licensing requirements as those set forth in this chapter and 17 the rules adopted under this chapter if the other state grants 18 the same reciprocal licensing privileges to residents of Iowa 19 who have obtained Iowa plumbing or mechanical professional 20 licenses under this chapter . The board shall adopt the 21 necessary rules, not inconsistent with the law, for carrying 22 out the reciprocal relations with other states which are 23 authorized by this chapter . 24 Sec. 23. Section 105.22, unnumbered paragraph 1, Code 2013, 25 is amended to read as follows: 26 A license to practice as a contractor or as a plumbing, HVAC, 27 refrigeration, mechanical, HVAC-refrigeration, sheet metal, 28 or hydronic professional may be revoked or suspended, or an 29 application for licensure may be denied pursuant to procedures 30 established pursuant to chapter 272C by the board, or the 31 licensee may be otherwise disciplined in accordance with that 32 chapter, when the licensee commits any of the following acts 33 or offenses: 34 Sec. 24. Section 105.25, Code 2013, is amended to read as 35 -9- LSB 1690YC (5) 85 jr/sc 9/ 13
H.F. _____ follows: 1 105.25 Advertising —— violations —— penalties. 2 1. Only a person who is duly licensed pursuant to this 3 chapter may advertise the fact that the person is licensed as a 4 contractor or as a plumbing, HVAC, refrigeration, mechanical, 5 HVAC-refrigeration, sheet metal, or hydronic professional by 6 the state of Iowa. 7 2. All written advertisements distributed in this state by a 8 person who is engaged in the business of designing, installing, 9 or repairing plumbing, HVAC, refrigeration, sheet metal, or 10 hydronic systems shall include the listing of at least one 11 master the contractor license number, as applicable. A master 12 plumbing, HVAC, refrigeration, or hydronic professional shall 13 not allow the master’s license number to be used in connection 14 with the advertising for more than one person engaged in the 15 business of designing, installing, or repairing plumbing, HVAC, 16 refrigeration, or hydronic systems. 17 3. A person who fraudulently claims to be a licensed 18 contractor or a licensed plumbing, HVAC, refrigeration, 19 mechanical, HVAC-refrigeration, sheet metal, or hydronic 20 professional pursuant to this chapter , either in writing, 21 cards, signs, circulars, advertisements, or other 22 communications, is guilty of a simple misdemeanor. 23 4. A person who fraudulently lists a contractor or a master 24 plumbing, HVAC, refrigeration, mechanical, HVAC-refrigeration, 25 sheet metal, or hydronic license number in connection with 26 that person’s advertising or falsely displays a contractor 27 or a master plumbing, HVAC, refrigeration, mechanical, 28 HVAC-refrigeration, sheet metal, or hydronic professional 29 license number is guilty of a simple misdemeanor. In order 30 to be entitled to use a license number of a master plumbing, 31 HVAC, refrigeration, or hydronic professional, the master 32 plumbing, HVAC, refrigeration, or hydronic professional must be 33 employed by the person in whose name the business of designing, 34 installing, or repairing plumbing or mechanical systems is 35 -10- LSB 1690YC (5) 85 jr/sc 10/ 13
H.F. _____ being conducted. 1 Sec. 25. Section 105.29, Code 2013, is amended to read as 2 follows: 3 105.29 Report of violators. 4 Every licensee and every member of the board shall report 5 to the board the name of every person who is practicing 6 as a contractor or as a plumber or plumbing, mechanical , 7 HVAC-refrigeration, sheet metal, or hydronic professional 8 without a license issued pursuant to this chapter pursuant 9 to the knowledge or reasonable belief of the person making 10 the report. The opening of an office or place of business 11 for the purpose of providing any services for which a license 12 is required by this chapter , the announcing to the public in 13 any way the intention to provide any such service, the use of 14 any professional designation, or the use of any sign, card, 15 circular, device, vehicle, or advertisement, as a provider of 16 any such services shall be prima facie evidence of engaging 17 in the practice of a contractor or a plumber or plumbing, 18 mechanical , HVAC-refrigeration, sheet metal, or hydronic 19 professional. 20 Sec. 26. NEW SECTION . 105.31 Licenses. 21 1. License expiration. 22 a. All licenses currently in effect shall expire on December 23 31, 2014. Licenses set to expire after that date, when renewed 24 under the provisions of paragraph “c” , shall be renewed at a 25 reduced rate to reflect the portion of the three-year period 26 paid for under the previous license. 27 b. Any license that is currently set to expire before 28 December 31, 2014, shall remain in effect, at no additional 29 charge or fee, until December 31, 2014. 30 c. A license issued on or after January 1, 2015, will expire 31 on the same date every three years. A person issued a license 32 during a three-year licensing cycle shall be charged a fee 33 prorated in quarterly increments. 34 2. License reissue. 35 -11- LSB 1690YC (5) 85 jr/sc 11/ 13
H.F. _____ a. A licensee holding an HVAC license or a refrigeration 1 license shall be issued an HVAC-refrigeration license. 2 b. A licensee holding both an HVAC license and a hydronic 3 license shall be issued a mechanical license. 4 c. A licensee holding both a refrigeration license and a 5 hydronic license shall be issued a mechanical license. 6 d. A licensee holding an HVAC license or a refrigeration 7 license may take the hydronic test before December 31, 2014, in 8 order to be issued a mechanical license. 9 EXPLANATION 10 This bill redefines plumbing, HVAC, refrigeration, or 11 hydronic systems professionals as plumbing, mechanical, 12 HVAC-refrigeration, sheet metal, or hydronic professionals. 13 The bill provides the following: 14 a. A licensee holding an HVAC license or refrigeration 15 license shall be issued an HVAC-refrigeration license. 16 b. A licensee holding an HVAC license and a hydronic 17 license shall be issued a mechanical license. 18 c. A licensee holding a refrigeration license and a 19 hydronic license shall be issued a mechanical license. 20 d. A licensee holding an HVAC license or a refrigeration 21 license may take the hydronic test and be issued a mechanical 22 license. 23 The bill exempts these professionals from the contractor 24 registration requirements of Code chapter 91C. The Iowa 25 department of workforce development is to work with the 26 Iowa department of public health to ensure that the workers’ 27 compensation and unemployment insurance information provided on 28 the contractor license application is valid. 29 The bill provides that all licenses currently in effect 30 expire on December 31, 2014. Licenses set to expire after 31 that date may be renewed at a reduced rate. Licenses that are 32 currently set to expire before December 31, 2014, shall remain 33 in effect, at no additional charge, until December 31, 2014. 34 The bill provides that all licenses issued on or after 35 -12- LSB 1690YC (5) 85 jr/sc 12/ 13
H.F. _____ January 1, 2015, will expire on the same date every three 1 years. Licenses issued during a three-year licensing cycle 2 shall have the fee prorated in quarterly increments. 3 In addition to the administrative penalties set out in 4 Code chapter 272C, relating to licensees, Code chapter 105 5 makes it a simple misdemeanor for a person to claim to be a 6 mechanical, HVAC, refrigeration, sheet metal, or hydronic 7 contractor or professional. A simple misdemeanor is punishable 8 by confinement for no more than 30 days or a fine of at least 9 $65 but not more than $625 or both. 10 -13- LSB 1690YC (5) 85 jr/sc 13/ 13