House File 640 - Introduced HOUSE FILE 640 BY LOHSE A BILL FOR An Act modifying provisions applicable to individuals licensed 1 by the plumbing and mechanical systems board, providing for 2 state inspections of certain plumbing and mechanical system 3 installations, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1984YH (2) 89 jda/rn
H.F. 640 Section 1. Section 105.2, subsection 17, Code 2021, is 1 amended to read as follows: 2 17. “Routine maintenance” means the maintenance, repair, 3 or replacement of existing fixtures or parts of plumbing, 4 mechanical, HVAC, refrigeration, sheet metal, or hydronic 5 systems in which no changes in original design are made. 6 Fixtures or parts do not include smoke and fire dampers, or 7 water, gas, or steam piping permanent repairs except for traps 8 or strainers. “Routine maintenance” shall include emergency 9 repairs, and the board shall define the term “emergency repairs” 10 to include the repair of water pipes to prevent imminent 11 damage to property. “Routine maintenance” does not include the 12 replacement of furnaces, boilers, cooling appliances, or water 13 heaters more than one hundred gallons in size . 14 Sec. 2. Section 105.9, subsection 5, paragraph a, Code 2021, 15 is amended by striking the paragraph. 16 Sec. 3. Section 105.18, subsection 2, paragraph a, 17 subparagraph (1), Code 2021, is amended to read as follows: 18 (1) File an application, which application shall establish 19 that the person meets the minimum requirements adopted by the 20 board , including the receipt of a high school diploma or its 21 equivalent . 22 Sec. 4. Section 105.18, subsection 2, paragraph b, 23 subparagraph (1), subparagraph division (c), Code 2021, is 24 amended to read as follows: 25 (c) Provide the board with evidence of having completed 26 at least four years of practical experience as an apprentice. 27 Commencing January 1, 2010, the four years of practical 28 experience required by this subparagraph division must be the 29 completion of an apprenticeship training program registered by 30 the United States department of labor office of apprenticeship , 31 as evidenced by a certificate of completion from the department 32 of labor . 33 Sec. 5. NEW SECTION . 105.33 State inspection —— 34 applicability. 35 -1- LSB 1984YH (2) 89 jda/rn 1/ 12
H.F. 640 1. The inspection and enforcement provisions of this 1 chapter shall apply to the following: 2 a. All new installations of plumbing or mechanical 3 systems for commercial or industrial applications, including 4 installations both inside and outside of a building. 5 b. All new installations of plumbing or mechanical systems 6 that serve government-owned or government-leased facilities by 7 a person who is not an employee of any unit of state or local 8 government. 9 c. All new installations of plumbing or mechanical 10 systems for multi-family residential applications, including 11 installations for an apartment or building as those terms are 12 defined in section 499B.2. 13 d. All new installations of plumbing or mechanical systems 14 for single-family residential applications requiring new 15 plumbing or mechanical systems service equipment. 16 e. Existing installations of plumbing or mechanical systems 17 observed during inspection which constitute a hazard to the 18 property owner. Existing installations shall not be deemed 19 to constitute a hazard if the installation when originally 20 installed was installed in accordance with the applicable state 21 plumbing code or state mechanical code in force at the time of 22 installation and has been maintained in that condition. 23 f. All installations of plumbing or mechanical systems 24 performed at the request of a property owner. 25 2. The inspection and enforcement provisions of this 26 chapter shall not apply to routine maintenance. 27 Sec. 6. NEW SECTION . 105.34 Plumbing or mechanical 28 inspectors. 29 1. The board shall establish by rule standards for the 30 certification and decertification of plumbing and mechanical 31 inspectors appointed by the state or a political subdivision to 32 enforce this chapter or any applicable resolution or ordinance 33 within the inspector’s jurisdiction, and for certified plumbing 34 or mechanical inspector continuing education requirements. The 35 -2- LSB 1984YH (2) 89 jda/rn 2/ 12
H.F. 640 standards established by the board shall conform to one of the 1 following: 2 a. The standards applicable to a person seeking to be 3 licensed by the board as a master pursuant to section 105.18 in 4 the category being inspected. 5 b. The standards applicable to a person seeking to be 6 licensed by the board as a journeyperson pursuant to section 7 105.18 in the category being inspected. 8 c. The standards applicable to a plumbing or mechanical 9 inspector in the category being inspected who was appointed by 10 a political subdivision on or before January 1, 2020. 11 2. On and after January 1, 2022, a person appointed to 12 act as a plumbing or mechanical inspector for a political 13 subdivision shall obtain an inspector’s certificate of 14 qualification based on the standards established pursuant to 15 subsection 1 within one year of such appointment and shall 16 maintain the certificate thereafter for the duration of the 17 inspector’s service as a plumbing or mechanical inspector. 18 Sec. 7. NEW SECTION . 105.35 Request for permit and 19 inspection —— fees. 20 1. At or before commencement of any installation required 21 to be inspected by the board, the licensed contractor or 22 property owner making such installation shall submit to the 23 board a request for a permit and inspection. The board shall 24 prescribe the methods by which the request may be submitted, 25 which shall include an electronic submission option or through 26 a form prescribed by the board that can be submitted either 27 through the mail or by a fax transmission. The board shall 28 also prescribe methods by which the permit and inspection fees 29 established pursuant to section 105.40 can be paid, which shall 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 -3- LSB 1984YH (2) 89 jda/rn 3/ 12
H.F. 640 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 licensed 6 contractor or property owner to request multiple inspections. 7 The permit authorizes the licensed contractor or property owner 8 to perform new plumbing or mechanical system installations 9 specified in the permit. The board shall prescribe the methods 10 by which the request for multiple inspections may be submitted, 11 which shall include electronic submission or through a form 12 prescribed by the board that can be submitted either through 13 the mail or by a fax transmission. The board shall also 14 prescribe methods by which the permit and inspection fees 15 established pursuant to section 105.40 can be paid, which 16 shall include electronic methods of payment. The board may 17 perform inspections of each new plumbing or mechanical system 18 installation or any portion of the total number of new plumbing 19 or mechanical system installations made under each permit. The 20 board shall establish fees for such permits as provided in 21 section 105.40, which shall not exceed the total inspection 22 fees that would be required if each new installation performed 23 under the request for multiple inspections had been performed 24 under individual requests for inspections as provided in 25 subsection 1. 26 Sec. 8. NEW SECTION . 105.36 Approval of installation upon 27 inspection —— opportunity to correct noncompliance. 28 1. If an inspector determines that an installation subject 29 to inspection under this chapter is in compliance with accepted 30 standards of construction for health safety and property 31 safety, based upon minimum standards established by the board 32 pursuant to section 105.39, subsection 3, the inspector shall 33 approve the installation. 34 2. If an inspector finds that any installation or portion of 35 -4- LSB 1984YH (2) 89 jda/rn 4/ 12
H.F. 640 an installation is not in compliance with accepted standards of 1 construction for health safety and property safety, based upon 2 minimum standards established by the board, the inspector shall 3 issue a correction order. A correction order made pursuant to 4 this section shall be served personally or by United States 5 mail only upon the licensed contractor or property owner 6 making the installation. The correction order shall order the 7 licensed contractor or property owner to make the installation 8 comply with the standards, noting specifically what changes 9 are required. The order shall specify a date, not more than 10 seventeen calendar days from the date of the order, when a new 11 inspection shall be made. When the installation is brought 12 into compliance to the satisfaction of the inspector, the 13 inspector shall approve the installation. 14 Sec. 9. NEW SECTION . 105.37 Inspections not required. 15 1. Nothing in this chapter shall be construed to require 16 the work of employees of municipal utilities, railroads, or 17 rural water associations or districts to be inspected while the 18 employees are acting within the scope of their employment. 19 2. The board may by rule exempt specified types of new 20 plumbing or mechanical system installations from state 21 inspection which are not described in section 105.33, 22 subsection 1, provided that a political subdivision conducting 23 inspections pursuant to section 105.38, subsection 1, shall not 24 be prohibited from requiring inspection of any new plumbing 25 or mechanical system installation exempt by rule from state 26 inspection pursuant to this subsection. 27 Sec. 10. NEW SECTION . 105.38 Inspection by political 28 subdivisions. 29 1. State inspection shall not apply within the jurisdiction 30 of any political subdivision which provides plumbing or 31 mechanical system inspection services for the inspection 32 of installations described in section 105.33, subsection 33 1, as established in a resolution or ordinance adopted by 34 the political subdivision. The political subdivision shall 35 -5- LSB 1984YH (2) 89 jda/rn 5/ 12
H.F. 640 provide a copy of the resolution or ordinance establishing 1 such inspection services to the board. Inspection services 2 by political subdivisions shall be provided pursuant to the 3 current state plumbing code or state mechanical code, as 4 applicable. A political subdivision providing inspection 5 services pursuant to this subsection may require the inspection 6 of plumbing or mechanical system installations which are not 7 described in section 105.33, subsection 1, in addition to the 8 installations described in section 105.33, subsection 1. 9 2. A political subdivision may choose to discontinue 10 performing its own inspections and permit the board to have 11 jurisdiction over inspections in the political subdivision. 12 If a political subdivision seeks to discontinue its own 13 inspections, the political subdivision shall notify the board. 14 3. If a two-thirds vote of the board finds that a political 15 subdivision’s inspections are inadequate by reason of 16 misfeasance, malfeasance, or nonfeasance, the board may suspend 17 or revoke the political subdivision’s authority to perform its 18 own inspections, subject to appeal according to section 105.41 19 and judicial review pursuant to section 17A.19. 20 4. A political subdivision that performs inspections may 21 set appropriate permit fees to pay for such inspections. A 22 political subdivision shall not require any person holding 23 a license from the board to pay any license fee or take any 24 examination if the person holds a current license issued by the 25 board which is of a classification equal to or greater than 26 the classification needed to do the work proposed. Any such 27 political subdivision shall provide a requirement that each 28 person doing plumbing or mechanical system work within the 29 jurisdiction of such political subdivision have on file with 30 the political subdivision a copy of the current license issued 31 by the board or such other evidence of such license as may be 32 provided by the board. 33 5. A person appointed as an inspector for a political 34 subdivision shall report to the board the name of every person 35 -6- LSB 1984YH (2) 89 jda/rn 6/ 12
H.F. 640 who is practicing as a plumbing or mechanical professional 1 without a license issued pursuant to this chapter pursuant to 2 the knowledge or reasonable belief of the person appointed as 3 an inspector for a political subdivision making the report. 4 Sec. 11. NEW SECTION . 105.39 State inspection —— 5 procedures. 6 1. An inspection shall be made within three business days 7 of the submission of a request for an inspection as provided 8 in section 105.35. When necessary, plumbing and mechanical 9 systems may be connected by the licensed installer prior to 10 inspection but the installation shall remain subject to any 11 appropriate restrictions or limitations as determined by the 12 board. 13 2. Where plumbing or mechanical systems or parts are 14 to be concealed, the inspector must be notified within a 15 reasonable time, as determined by the board, to complete 16 rough-in inspections prior to concealment, exclusive of 17 Saturdays, Sundays, and holidays. If plumbing or mechanical 18 systems or parts are concealed before rough-in inspections 19 without adequate notice having been given to the inspector, 20 as determined by the board, the person responsible for having 21 enclosed the system or part shall be responsible for all costs 22 resulting from uncovering and replacing the cover material. 23 3. State inspection procedures and policies shall be 24 established by the board in accordance with the provisions of 25 the state plumbing code and state mechanical code adopted by 26 the board. 27 4. Except when an inspection reveals that an installation or 28 portion of an installation is not in compliance with accepted 29 standards of construction for health safety and property 30 safety, based upon minimum standards established by the board, 31 an inspector shall not add to, modify, or amend a construction 32 plan as originally approved by the board in the course of 33 conducting an inspection. 34 5. Management and supervision of inspectors, including 35 -7- LSB 1984YH (2) 89 jda/rn 7/ 12
H.F. 640 hiring decisions, disciplinary action, promotions, and work 1 schedules are the responsibility of the board acting in 2 accordance with applicable law and pursuant to any applicable 3 collective bargaining agreement. The board shall determine 4 work territories, regions, or districts for inspectors 5 and continuing education and ongoing training requirements 6 applicable to inspectors. An inspector subject to disciplinary 7 action pursuant to this subsection shall be entitled to an 8 appeal pursuant to section 105.41 and judicial review pursuant 9 to section 17A.19. 10 6. The board shall establish an internet-based licensure 11 verification database for access by a state or local inspector 12 for verification of licensee status. The database shall 13 include the name of every person licensed under this chapter 14 and a corresponding licensure number. Inspectors shall be 15 authorized to request the name and license number of any person 16 working at a job site subject to inspection for verification 17 of licensee status. Licensees under this chapter shall be 18 required to carry a copy of their current license and photo 19 identification at all times when employed on a job site for 20 compliance with this subsection. 21 Sec. 12. NEW SECTION . 105.40 State permits and inspections 22 —— fees. 23 1. All state plumbing and mechanical system inspection fees 24 shall be due and payable to the board at or before commencement 25 of the installation and shall be forwarded with the request for 26 inspection. Inspection fees provided in this section shall 27 not apply within the jurisdiction of any political subdivision 28 if the political subdivision has adopted an ordinance or 29 resolution pursuant to section 105.38, subsection 1. 30 2. The board shall establish the fees for permits and 31 inspections required under this chapter. 32 Sec. 13. NEW SECTION . 105.41 State inspection —— complaints 33 —— appeals. 34 1. Any person may file a complaint with the board alleging 35 -8- LSB 1984YH (2) 89 jda/rn 8/ 12
H.F. 640 a violation of this chapter or rules adopted by the board. The 1 name of a person who files a complaint with the board shall 2 remain confidential and shall not be subject to discovery, 3 subpoena, or other means of legal compulsion for its release 4 to a person other than board employees or agents involved in 5 the investigation of the complaint. The board shall establish 6 procedures for the disposition of complaints received in 7 accordance with this subsection. 8 2. a. Any person aggrieved by an order of an inspector or 9 the board may appeal the order by filing a written notice of 10 appeal with the board within ten days after the date the order 11 was served upon the aggrieved person. 12 b. Upon receipt of a notice of appeal filed pursuant to 13 subsection 1, the board shall notify all interested parties 14 who may join in the hearing and give testimony on their own 15 behalf. The board shall set the hearing date not more than 16 fourteen days after receipt of the notice of appeal unless 17 otherwise agreed by the interested parties and the board. The 18 chairperson or executive secretary of the board may designate a 19 hearing officer from among the board members to hear the appeal 20 or may set the matter for hearing before the full board at its 21 next regular meeting. A majority of the board shall make the 22 decision on appeals. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill modifies provisions in Code chapter 105, which 27 provides for the licensure and regulation of plumbers, 28 mechanical professionals, and contractors by the plumbing and 29 mechanical systems board. 30 The bill modifies the definition of “routine maintenance” 31 to remove a provision stating that the term includes emergency 32 repairs. Additionally, the bill modifies the definition of 33 “routine maintenance” to provide that the term does not include 34 the replacement of furnaces, boilers, cooling appliances, or 35 -9- LSB 1984YH (2) 89 jda/rn 9/ 12
H.F. 640 water heaters, regardless of size. 1 The bill strikes Code section 105.9, subsection 5, paragraph 2 “a”, which requires the plumbing and mechanical systems board 3 to submit a report including certain financial information to 4 the general assembly within 60 days of the end of a fiscal year 5 and potentially adjust its fee schedules based on the financial 6 information in the report. 7 Current law provides that in order to be licensed by the 8 board as an apprentice, a person shall file an application that 9 establishes that the person meets the minimum requirements 10 adopted by the board. The bill provides that such minimum 11 requirements to be established in an application include the 12 receipt of a high school diploma or its equivalent. 13 Current law provides that in order to be licensed by the 14 board as a journeyperson, a person shall provide evidence 15 of completing at least four years of practical experience 16 as an apprentice through an apprenticeship training program 17 registered by the United States department of labor. The 18 bill provides that such requirement must be evidenced by a 19 certificate of completion from the department of labor. 20 The bill adds provisions in Code chapter 105 which provide 21 for state inspection of certain plumbing or mechanical system 22 installations described in new Code section 105.33. The bill 23 provides that state inspection shall not apply to routine 24 maintenance. 25 The bill requires the board to establish standards for the 26 certification and decertification of plumbing and mechanical 27 inspectors appointed by the state or a political subdivision 28 to enforce the inspection provisions of the bill. The bill 29 provides that those standards shall conform to the standards 30 applicable to a person seeking to be licensed as a master or 31 a journeyperson, or the standards applicable to a plumbing or 32 mechanical inspector appointed by a political subdivision. 33 The bill establishes procedural requirements for a licensed 34 contractor or property owner making an installation to request 35 -10- LSB 1984YH (2) 89 jda/rn 10/ 12
H.F. 640 a permit and an inspection and allows the board to adopt rules 1 providing for the issuance of permits to a licensed contractor 2 or property owner for multiple inspections, as described in the 3 bill. 4 The bill provides that if an inspector determines that 5 an installation is in compliance with the accepted standards 6 of construction for health safety and property safety, based 7 on minimum standards established by the board, the inspector 8 shall approve the installation. If an inspector finds that an 9 inspection or portion thereof is not in compliance with such 10 standards, the inspector shall issue a correction order which 11 orders the licensed contractor or property owner to make the 12 installation comply with the standards and provides a date 13 when a new inspection shall be made. When the installation 14 is brought into compliance, the inspector shall approve the 15 installation. 16 The bill specifies that nothing in the bill shall be 17 construed to require the work of employees of municipal 18 utilities, railroads, or rural water associations or districts 19 to be inspected while acting within the scope of their 20 employment. The board may by rule exempt specified types of 21 new installations from the state inspection requirements, 22 provided that a political subdivision conducting inspections 23 shall not be prohibited from requiring inspection of such 24 installations. 25 The bill provides that state inspection shall not apply 26 within the jurisdiction of any political subdivision which 27 provides inspection services for installations subject to state 28 inspection, as established in a resolution or ordinance adopted 29 by the political subdivision. The political subdivision 30 shall provide a copy of such resolution or ordinance to the 31 board, and such inspections shall be provided pursuant to 32 the current state plumbing code or state mechanical code, as 33 applicable. A political subdivision may require inspections 34 of installations not subject to state inspection, in addition 35 -11- LSB 1984YH (2) 89 jda/rn 11/ 12
H.F. 640 to installations subject to state inspection. Code section 1 105.38 also includes provisions regarding the discontinuance 2 of inspections by political subdivisions, the suspension or 3 revocation of inspections by political subdivisions, and 4 permit fees established by political subdivisions to pay for 5 inspections. Additionally, the bill requires that a person 6 appointed as an inspector for a political subdivision shall 7 report to the board the name of every person who is practicing 8 as a plumbing or mechanical professional without a license. 9 The bill establishes certain state inspection procedural 10 requirements, including provisions relating to inspection 11 timing, installation concealment, state inspection procedures 12 and policies, construction plan modification, inspector 13 supervision, and the licensure verification database, as 14 described in the bill. 15 The bill requires the board to establish fees for permits and 16 inspections. Inspection fees are to be paid to the board at 17 or before the commencement of an inspection and included with 18 the request for inspection. Inspection fees shall not apply 19 to inspections within political subdivisions which provide for 20 inspections. 21 The bill authorizes any person to file a confidential 22 complaint with the board alleging a violation of the bill or 23 any rule adopted by the board and allows any person aggrieved 24 by an order of an inspector or the board to appeal the order by 25 filing a written notice of appeal with the board within 10 days 26 after the order was served. The bill also provides certain 27 procedural requirements for such an appeal, as described in the 28 bill. 29 Pursuant to current law, the board may impose a civil penalty 30 up to $5,000 per offense upon a person who violates the bill, 31 following notice and an opportunity for a hearing. 32 -12- LSB 1984YH (2) 89 jda/rn 12/ 12