H.F. 639 Section 1. Section 105.9, subsection 5, Code 2019, is 1 amended by striking the subsection. 2 Sec. 2. Section 105.18, subsection 2, paragraph a, 3 subparagraph (1), Code 2019, is amended to read as follows: 4 (1) File an application, which application shall establish 5 that the person meets the minimum requirements adopted by the 6 board , including the receipt of a high school diploma or its 7 equivalent . 8 Sec. 3. Section 105.18, subsection 2, paragraph b, 9 subparagraph (1), subparagraph division (c), Code 2019, is 10 amended to read as follows: 11 (c) Provide the board with evidence of having completed 12 at least four years of practical experience as an apprentice. 13 Commencing January 1, 2010, the four years of practical 14 experience required by this subparagraph division must be the 15 completion of an apprenticeship training program registered by 16 the United States department of labor office of apprenticeship , 17 as evidenced by a certificate of completion from the department 18 of labor . 19 Sec. 4. NEW SECTION . 105.33 State inspection —— 20 applicability. 21 1. The inspection and enforcement provisions of this 22 chapter shall apply to the following: 23 a. All new installations of plumbing or mechanical systems 24 for commercial or industrial applications. 25 b. All new installations of plumbing or mechanical systems 26 for residential applications not including single-family 27 residential applications. 28 c. All new installations of plumbing or mechanical systems 29 for single-family residential applications requiring new 30 plumbing or mechanical systems service equipment. 31 d. Existing installations of plumbing or mechanical 32 systems observed during inspection which constitute a hazard 33 to the owner. Existing installations shall not be deemed 34 to constitute a hazard if the installation when originally 35 -1- LSB 2525YH (6) 88 gh/rn 1/ 11

H.F. 639 installed was installed in accordance with the applicable state 1 plumbing code or state mechanical code in force at the time of 2 installation and has been maintained in that condition. 3 2. The inspection and enforcement provisions of this 4 chapter shall not apply to routine maintenance. 5 Sec. 5. NEW SECTION . 105.34 Plumbing or mechanical 6 inspectors. 7 1. The board shall establish by rule standards for the 8 certification and decertification of plumbing and mechanical 9 inspectors appointed by the state or a political subdivision to 10 enforce this chapter or any applicable resolution or ordinance 11 within the inspector’s jurisdiction, and for certified plumbing 12 or mechanical inspector continuing education requirements. 13 2. On and after January 1, 2020, a person appointed to 14 act as a plumbing or mechanical inspector for a political 15 subdivision shall obtain an inspector’s certificate of 16 qualification based on the standards established pursuant to 17 subsection 1 within one year of such appointment and shall 18 maintain the certificate thereafter for the duration of the 19 inspector’s service as a plumbing or mechanical inspector. 20 Sec. 6. NEW SECTION . 105.35 Request for inspection —— fees. 21 1. At or before commencement of any installation required 22 to be inspected by the board, the licensee or property owner 23 making such installation shall submit to the board a request 24 for inspection. The board shall prescribe the methods by which 25 the request may be submitted, which may include electronic 26 submission or through a form prescribed by the board that can 27 be submitted either through the mail or by a fax transmission. 28 The board shall also prescribe methods by which inspection fees 29 established pursuant to section 105.40 can be paid, which may 30 include electronic methods of payment. If the board becomes 31 aware that a person has failed to file a necessary request for 32 inspection, the board shall send a written notification by 33 certified mail that the request must be filed within fourteen 34 days. Any person filing a late request for inspection shall 35 -2- LSB 2525YH (6) 88 gh/rn 2/ 11

H.F. 639 pay a delinquency fee in an amount to be determined by the 1 board. A person who fails to file a late request within 2 fourteen days from receipt of the notification shall be subject 3 to a civil penalty to be determined by the board by rule. 4 2. Notwithstanding subsection 1, the board may by rule 5 provide for the issuance of a single permit to a licensee 6 to request multiple inspections. The permit authorizes 7 the licensee to perform new plumbing or mechanical system 8 installations specified in the permit. The board shall 9 prescribe the methods by which the request for multiple 10 inspections may be submitted, which may include electronic 11 submission or through a form prescribed by the board that can 12 be submitted either through the mail or by a fax transmission. 13 The board shall also prescribe methods by which inspection 14 fees established pursuant to section 105.40 can be paid, 15 which may include electronic methods of payment. The board 16 may perform inspections of each new plumbing or mechanical 17 system installation or any portion of the total number of new 18 plumbing or mechanical system installations made under each 19 permit. The board shall establish fees for such permits as 20 provided in section 105.40, which shall not exceed the total 21 inspection fees that would be required if each new installation 22 performed under the request for multiple inspections had been 23 performed under individual requests for inspections as provided 24 in subsection 1. 25 Sec. 7. NEW SECTION . 105.36 Approval of installation upon 26 inspection —— opportunity to correct noncompliance. 27 1. If an inspector determines that an installation subject 28 to inspection under this chapter is in compliance with accepted 29 standards of construction for health safety and property 30 safety, based upon minimum standards established by the board 31 pursuant to section 105.39, subsection 3, the inspector shall 32 approve the installation. 33 2. If an inspector finds that any installation or portion of 34 an installation is not in compliance with accepted standards of 35 -3- LSB 2525YH (6) 88 gh/rn 3/ 11

H.F. 639 construction for health safety and property safety, based upon 1 minimum standards established by the board, the inspector shall 2 issue a correction order. A correction order made pursuant to 3 this section shall be served personally or by United States 4 mail only upon the licensee or property owner making the 5 installation. The correction order shall order the licensee 6 or property owner to make the installation comply with the 7 standards, noting specifically what changes are required. The 8 order shall specify a date, not more than seventeen calendar 9 days from the date of the order, when a new inspection shall be 10 made. When the installation is brought into compliance to the 11 satisfaction of the inspector, the inspector shall approve the 12 installation. 13 Sec. 8. NEW SECTION . 105.37 Inspections not required. 14 1. Nothing in this chapter shall be construed to require 15 the work of employees of municipal utilities, railroads, or 16 rural water associations or districts to be inspected while the 17 employees are acting within the scope of their employment. 18 2. The board may by rule exempt specified types of new 19 plumbing or mechanical system installations from state 20 inspection which are not described in section 105.33, 21 subsection 1, provided that a political subdivision conducting 22 inspections pursuant to section 105.38, subsection 1, shall not 23 be prohibited from requiring inspection of any new plumbing 24 or mechanical system installation exempt by rule from state 25 inspection pursuant to this subsection. 26 Sec. 9. NEW SECTION . 105.38 Inspection by political 27 subdivisions. 28 1. State inspection shall not apply within the jurisdiction 29 of any political subdivision which provides plumbing or 30 mechanical system inspection services for the inspection 31 of installations described in section 105.33, subsection 32 1, as established in a resolution or ordinance adopted by 33 the political subdivision. The political subdivision shall 34 provide a copy of the resolution or ordinance establishing 35 -4- LSB 2525YH (6) 88 gh/rn 4/ 11

H.F. 639 such inspection services to the board. Inspection services 1 by political subdivisions shall be provided pursuant to the 2 current state plumbing code or state mechanical code, as 3 applicable. A political subdivision providing inspection 4 services pursuant to this subsection may require the inspection 5 of plumbing or mechanical system installations which are not 6 described in section 105.33, subsection 1, in addition to the 7 installations described in section 105.33, subsection 1. 8 2. A political subdivision may choose to discontinue 9 performing its own inspections and permit the board to have 10 jurisdiction over inspections in the political subdivision. 11 If a political subdivision seeks to discontinue its own 12 inspections, the political subdivision shall notify the board. 13 3. If a unanimous vote of the board finds that a political 14 subdivision’s inspections are inadequate by reason of 15 misfeasance, malfeasance, or nonfeasance, the board may suspend 16 or revoke the political subdivision’s authority to perform its 17 own inspections, subject to appeal according to section 105.41 18 and judicial review pursuant to section 17A.19. 19 4. A political subdivision that performs inspections may 20 set appropriate permit fees to pay for such inspections. A 21 political subdivision shall not require any person holding 22 a license from the board to pay any license fee or take any 23 examination if the person holds a current license issued by 24 the board which is of a classification equal to or greater 25 than the classification needed to do the work proposed. Any 26 such political subdivision may provide a requirement that each 27 person doing plumbing or mechanical system work within the 28 jurisdiction of such political subdivision have on file with 29 the political subdivision a copy of the current license issued 30 by the board or such other evidence of such license as may be 31 provided by the board. 32 Sec. 10. NEW SECTION . 105.39 State inspection —— 33 procedures. 34 1. An inspection shall be made within three business days 35 -5- LSB 2525YH (6) 88 gh/rn 5/ 11

H.F. 639 of the submission of a request for an inspection as provided 1 in section 105.35. When necessary, plumbing and mechanical 2 systems may be connected by the authorized installer prior to 3 inspection but the installation shall remain subject to any 4 appropriate restrictions or limitations as determined by the 5 board. 6 2. Where plumbing or mechanical systems or parts are to be 7 concealed, the inspector must be notified within a reasonable 8 time to complete rough-in inspections prior to concealment, 9 exclusive of Saturdays, Sundays, and holidays. If plumbing 10 or mechanical systems or parts are concealed before rough-in 11 inspections without adequate notice having been given to the 12 inspector, the person responsible for having enclosed the 13 system or part shall be responsible for all costs resulting 14 from uncovering and replacing the cover material. 15 3. State inspection procedures and policies shall be 16 established by the board in accordance with the provisions of 17 the state plumbing code and state mechanical code adopted by 18 the board. 19 4. Except when an inspection reveals that an installation or 20 portion of an installation is not in compliance with accepted 21 standards of construction for health safety and property 22 safety, based upon minimum standards established by the board, 23 an inspector shall not add to, modify, or amend a construction 24 plan as originally approved by the board in the course of 25 conducting an inspection. 26 5. Management and supervision of inspectors, including 27 hiring decisions, disciplinary action, promotions, and work 28 schedules are the responsibility of the board acting in 29 accordance with applicable law and pursuant to any applicable 30 collective bargaining agreement. The board shall determine 31 work territories, regions, or districts for inspectors 32 and continuing education and ongoing training requirements 33 applicable to inspectors. An inspector subject to disciplinary 34 action pursuant to this subsection shall be entitled to an 35 -6- LSB 2525YH (6) 88 gh/rn 6/ 11

H.F. 639 appeal pursuant to section 105.41 and judicial review pursuant 1 to section 17A.19. 2 6. The board shall establish an internet-based licensure 3 verification database for access by a state or local inspector 4 for verification of licensee status. The database shall 5 include the name of every person licensed under this chapter 6 and a corresponding licensure number. Inspectors shall be 7 authorized to request the name and license number of any person 8 working at a job site subject to inspection for verification 9 of licensee status. Licensees under this chapter shall be 10 required to carry a copy of their current license and photo 11 identification at all times when employed on a job site for 12 compliance with this subsection. 13 Sec. 11. NEW SECTION . 105.40 State inspection —— fees. 14 1. All state plumbing and mechanical system inspection fees 15 shall be due and payable to the board at or before commencement 16 of the installation and shall be forwarded with the request for 17 inspection. Inspection fees provided in this section shall 18 not apply within the jurisdiction of any political subdivision 19 if the political subdivision has adopted an ordinance or 20 resolution pursuant to section 105.38, subsection 1. 21 2. The board shall establish the fees for inspections 22 required under this chapter. 23 Sec. 12. NEW SECTION . 105.41 State inspection —— complaints 24 —— appeals. 25 1. Any person may file a complaint with the board alleging 26 a violation of this chapter or rules adopted by the board. The 27 name of a person who files a complaint with the board shall 28 remain confidential and shall not be subject to discovery, 29 subpoena, or other means of legal compulsion for its release 30 to a person other than board employees or agents involved in 31 the investigation of the complaint. The board shall establish 32 procedures for the disposition of complaints received in 33 accordance with this subsection. 34 2. a. Any person aggrieved by an order of an inspector or 35 -7- LSB 2525YH (6) 88 gh/rn 7/ 11

H.F. 639 the board may appeal the order by filing a written notice of 1 appeal with the board within ten days after the date the order 2 was served upon the aggrieved person. 3 b. Upon receipt of a notice of appeal filed pursuant to 4 subsection 1, the board shall notify all interested parties 5 who may join in the hearing and give testimony on their own 6 behalf. The board shall set the hearing date not more than 7 fourteen days after receipt of the notice of appeal unless 8 otherwise agreed by the interested parties and the board. The 9 chairperson or executive secretary of the board may designate a 10 hearing officer from among the board members to hear the appeal 11 or may set the matter for hearing before the full board at its 12 next regular meeting. A majority of the board shall make the 13 decision on appeals. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill modifies provisions in Code chapter 105, which 18 provides for the licensure and regulation of plumbers, 19 mechanical professionals, and contractors by the plumbing and 20 mechanical systems board. 21 Current law provides that in order to be licensed by the 22 board as an apprentice, a person shall file an application that 23 establishes that the person meets the minimum requirements 24 adopted by the board. The bill provides that such minimum 25 requirements to be established in an application include the 26 receipt of a high school diploma or its equivalent. 27 Current law provides that in order to be licensed by the 28 board as a journeyperson, a person shall provide evidence 29 of completing at least four years of practical experience 30 as an apprentice through an apprenticeship training program 31 registered by the United States department of labor. The 32 bill provides that such requirement must be evidenced by a 33 certificate of completion from the department of labor. 34 The bill adds provisions in Code chapter 105 which provide 35 -8- LSB 2525YH (6) 88 gh/rn 8/ 11

H.F. 639 for state inspection of certain plumbing or mechanical system 1 installations described in new Code section 105.33. The bill 2 provides that state inspection shall not apply to routine 3 maintenance. 4 New Code section 105.34 requires the board to establish 5 standards for the certification and decertification of plumbing 6 and mechanical inspectors appointed by the state or a political 7 subdivision to enforce the inspection provisions of the bill. 8 New Code section 105.35 establishes procedural requirements 9 for a licensee or property owner making an installation to 10 request an inspection and allows the board to adopt rules 11 providing for the issuance of permits to licensees for multiple 12 inspections, as described in the bill. 13 New Code section 105.36 provides that if an inspector 14 determines that an installation is in compliance with the 15 accepted standards of construction for health safety and 16 property safety, based on minimum standards established by 17 the board, the inspector shall approve the installation. If 18 an inspector finds that an inspection or portion thereof is 19 not in compliance with such standards, the inspector shall 20 issue a correction order which orders the licensee or property 21 owner to make the installation comply with the standards and 22 provides a date when a new inspection shall be made. When the 23 installation is brought into compliance, the inspector shall 24 approve the installation. 25 New Code section 105.37 provides that nothing in the 26 bill shall be construed to require the work of employees of 27 municipal utilities, railroads, or rural water associations 28 or districts to be inspected while acting within the scope of 29 their employment. The board may by rule exempt specified types 30 of new installations from the state inspection requirements, 31 provided that a political subdivision conducting inspections 32 shall not be prohibited from requiring inspection of such 33 installations. 34 New Code section 105.38 provides that state inspection shall 35 -9- LSB 2525YH (6) 88 gh/rn 9/ 11

H.F. 639 not apply within the jurisdiction of any political subdivision 1 which provides inspection services for installations subject 2 to state inspection, as established in a resolution or 3 ordinance adopted by the political subdivision. The political 4 subdivision shall provide a copy of such resolution or 5 ordinance to the board, and such inspections shall be provided 6 pursuant to the current state plumbing code or state mechanical 7 code, as applicable. A political subdivision may require 8 inspections of installations not subject to state inspection, 9 in addition to installations subject to state inspection. 10 Code section 105.38 also includes provisions regarding the 11 discontinuance of inspections by political subdivisions, 12 the suspension or revocation of inspections by political 13 subdivisions, and permit fees established by political 14 subdivisions to pay for inspections. 15 New Code section 105.39 establishes certain state inspection 16 procedural requirements, including provisions relating to 17 inspection timing, installation concealment, state inspection 18 procedures and policies, construction plan modification, 19 inspector supervision, and the licensure verification database, 20 as described in the bill. 21 New Code section 105.40 requires the board to establish 22 inspection fees, paid to the board at or before the 23 commencement of an inspection and included with the request for 24 inspection. Such fees shall not apply to inspections within 25 political subdivisions which provide for inspections. 26 New Code section 105.41 allows any person to file a 27 confidential complaint with the board alleging a violation 28 of the bill or any rule adopted by the board and allows any 29 person aggrieved by an order of an inspector or the board to 30 appeal the order by filing a written notice of appeal with the 31 board within 10 days after the order was served. Code section 32 105.41 also provides certain procedural requirements for such 33 an appeal, as described in the bill. 34 Pursuant to current law, the board may impose a civil penalty 35 -10- LSB 2525YH (6) 88 gh/rn 10/ 11