House File 811 - Introduced HOUSE FILE 811 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 640) 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, making penalties applicable, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1984HV (2) 89 jda/rn

H.F. 811 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 105.11, Code 2021, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 15. Apply to a person performing any 19 installation on a farm, if the person is associated with the 20 farm as a holder of a legal or equitable interest, a relative 21 or employee of the holder, or an operator or manager of the 22 farm. The provisions of this chapter do not require such 23 person to be licensed. In addition, a permit is not required 24 for an installation on a farm, and an installation on a farm 25 is not required to be inspected. In order for a farm building 26 to qualify under this subsection, the farm building must not 27 be regularly open to the public as a place of business for the 28 retail sale of goods, wares, services, or merchandise. 29 Sec. 4. Section 105.18, subsection 2, paragraph a, 30 subparagraph (1), Code 2021, is amended to read as follows: 31 (1) File an application, which application shall establish 32 that the person meets the minimum requirements adopted by the 33 board , including the receipt of a high school diploma or its 34 equivalent . 35 -1- LSB 1984HV (2) 89 jda/rn 1/ 12

H.F. 811 Sec. 5. Section 105.18, subsection 2, paragraph b, 1 subparagraph (1), subparagraph division (c), Code 2021, is 2 amended to read as follows: 3 (c) Provide the board with evidence of having completed 4 at least four years of practical experience as an apprentice. 5 Commencing January 1, 2010, the four years of practical 6 experience required by this subparagraph division must be the 7 completion of an apprenticeship training program registered by 8 the United States department of labor office of apprenticeship , 9 as evidenced by a certificate of completion from the department 10 of labor . 11 Sec. 6. NEW SECTION . 105.33 State inspection —— 12 applicability. 13 1. The inspection and enforcement provisions of this 14 chapter shall apply to the following: 15 a. All new installations of plumbing or mechanical 16 systems for commercial or industrial applications, including 17 installations both inside and outside of a building. 18 b. All new installations of plumbing or mechanical systems 19 that serve government-owned or government-leased facilities by 20 a person who is not an employee of any unit of state or local 21 government. 22 c. All new installations of plumbing or mechanical 23 systems for multi-family residential applications, including 24 installations for an apartment or building as those terms are 25 defined in section 499B.2. 26 d. All new installations of plumbing or mechanical systems 27 for single-family residential applications requiring new 28 plumbing or mechanical systems service equipment. 29 e. Existing installations of plumbing or mechanical systems 30 observed during inspection which constitute a hazard to the 31 property owner. Existing installations shall not be deemed 32 to constitute a hazard if the installation when originally 33 installed was installed in accordance with the applicable state 34 plumbing code or state mechanical code in force at the time of 35 -2- LSB 1984HV (2) 89 jda/rn 2/ 12

H.F. 811 installation and has been maintained in that condition. 1 f. All installations of plumbing or mechanical systems 2 performed at the request of a property owner. 3 2. The inspection and enforcement provisions of this 4 chapter shall not apply to routine maintenance. 5 Sec. 7. NEW SECTION . 105.34 Plumbing or mechanical 6 inspectors. 7 The board shall establish by rule standards for the 8 certification and decertification of plumbing and mechanical 9 inspectors employed by the state to enforce this chapter 10 and standards for the continuing education requirements for 11 plumbing and mechanical inspectors employed by the state to 12 enforce this chapter. The standards established by the board 13 shall conform to one of the following: 14 1. The standards applicable to a person seeking to be 15 licensed by the board as a master pursuant to section 105.18 in 16 the category being inspected. 17 2. The standards applicable to a person seeking to be 18 licensed by the board as a journeyperson pursuant to section 19 105.18 in the category being inspected. 20 3. The standards applicable to a plumbing or mechanical 21 inspector in the category being inspected who was appointed by 22 a political subdivision on or before January 1, 2022. 23 Sec. 8. NEW SECTION . 105.35 Request for permit and 24 inspection —— fees. 25 1. At or before commencement of any installation required 26 to be inspected by the board, the licensed contractor or 27 property owner making such installation shall submit to the 28 board a request for a permit and inspection. The board shall 29 prescribe the methods by which the request may be submitted, 30 which shall include an electronic submission option or through 31 a form prescribed by the board that can be submitted either 32 through the mail or by a fax transmission. The board shall 33 also prescribe methods by which the permit and inspection fees 34 established pursuant to section 105.40 can be paid, which shall 35 -3- LSB 1984HV (2) 89 jda/rn 3/ 12

H.F. 811 include electronic methods of payment. If the board becomes 1 aware that a person has failed to file a necessary request for 2 inspection, the board shall send a written notification by 3 certified mail that the request must be filed within fourteen 4 days. Any person filing a late request for inspection shall 5 pay a delinquency fee in an amount to be determined by the 6 board. A person who fails to file a late request within 7 fourteen days from receipt of the notification shall be subject 8 to a civil penalty to be determined by the board by rule. 9 2. Notwithstanding subsection 1, the board may by rule 10 provide for the issuance of a single permit to a licensed 11 contractor or property owner to request multiple inspections. 12 The permit authorizes the licensed contractor or property owner 13 to perform new plumbing or mechanical system installations 14 specified in the permit. The board shall prescribe the methods 15 by which the request for multiple inspections may be submitted, 16 which shall include electronic submission or through a form 17 prescribed by the board that can be submitted either through 18 the mail or by a fax transmission. The board shall also 19 prescribe methods by which the permit and inspection fees 20 established pursuant to section 105.40 can be paid, which 21 shall include electronic methods of payment. The board may 22 perform inspections of each new plumbing or mechanical system 23 installation or any portion of the total number of new plumbing 24 or mechanical system installations made under each permit. The 25 board shall establish fees for such permits as provided in 26 section 105.40, which shall not exceed the total inspection 27 fees that would be required if each new installation performed 28 under the request for multiple inspections had been performed 29 under individual requests for inspections as provided in 30 subsection 1. 31 Sec. 9. NEW SECTION . 105.36 Approval of installation upon 32 inspection —— opportunity to correct noncompliance. 33 1. If an inspector determines that an installation subject 34 to inspection under this chapter is in compliance with accepted 35 -4- LSB 1984HV (2) 89 jda/rn 4/ 12

H.F. 811 standards of construction for health safety and property 1 safety, based upon minimum standards established by the board 2 pursuant to section 105.39, subsection 3, the inspector shall 3 approve the installation. 4 2. If an inspector finds that any installation or portion of 5 an installation is not in compliance with accepted standards of 6 construction for health safety and property safety, based upon 7 minimum standards established by the board, the inspector shall 8 issue a correction order. A correction order made pursuant to 9 this section shall be served personally or by United States 10 mail only upon the licensed contractor or property owner 11 making the installation. The correction order shall order the 12 licensed contractor or property owner to make the installation 13 comply with the standards, noting specifically what changes 14 are required. The order shall specify a date, not more than 15 seventeen calendar days from the date of the order, when a new 16 inspection shall be made. When the installation is brought 17 into compliance to the satisfaction of the inspector, the 18 inspector shall approve the installation. 19 Sec. 10. NEW SECTION . 105.37 Inspections not required. 20 1. Nothing in this chapter shall be construed to require 21 the work of employees of municipal utilities, railroads, or 22 rural water associations or districts to be inspected while the 23 employees are acting within the scope of their employment. 24 2. The board may by rule exempt specified types of new 25 plumbing or mechanical system installations from state 26 inspection which are not described in section 105.33, 27 subsection 1, provided that a political subdivision conducting 28 inspections pursuant to section 105.38, subsection 1, shall not 29 be prohibited from requiring inspection of any new plumbing 30 or mechanical system installation exempt by rule from state 31 inspection pursuant to this subsection. 32 Sec. 11. NEW SECTION . 105.38 Inspection by political 33 subdivisions. 34 1. State inspection in the applicable discipline shall not 35 -5- LSB 1984HV (2) 89 jda/rn 5/ 12

H.F. 811 apply within the jurisdiction of any political subdivision 1 which provides plumbing or mechanical system inspection 2 services for the inspection of installations specified in 3 section 105.33, subsection 1. 4 2. A political subdivision providing inspection services 5 pursuant to subsection 1 may require the inspection of plumbing 6 or mechanical system installations which are not described in 7 section 105.33, subsection 1, in addition to the installations 8 described in section 105.33, subsection 1. 9 3. A political subdivision that performs inspections may 10 set appropriate permit fees to pay for such inspections. 11 4. A political subdivision may choose to discontinue 12 performing its own inspections and permit the board to have 13 jurisdiction over inspections in the political subdivision. 14 If a political subdivision seeks to discontinue its own 15 inspections, the political subdivision shall notify the board 16 in a timely manner. 17 5. A political subdivision shall report to the board in a 18 timely manner the name of every person who is believed to be 19 practicing as a plumbing or mechanical professional without 20 a license issued pursuant to this chapter. The board shall 21 investigate each report received and submit the investigation 22 results to the political subdivision in a timely manner. 23 Sec. 12. NEW SECTION . 105.39 State inspection —— 24 procedures. 25 1. An inspection shall be made within three business days 26 of the submission of a request for an inspection as provided 27 in section 105.35. When necessary, plumbing and mechanical 28 systems may be connected by the licensed installer prior to 29 inspection but the installation shall remain subject to any 30 appropriate restrictions or limitations as determined by the 31 board. 32 2. Where plumbing or mechanical systems or parts are 33 to be concealed, the inspector must be notified within a 34 reasonable time, as determined by the board, to complete 35 -6- LSB 1984HV (2) 89 jda/rn 6/ 12

H.F. 811 rough-in inspections prior to concealment, exclusive of 1 Saturdays, Sundays, and holidays. If plumbing or mechanical 2 systems or parts are concealed before rough-in inspections 3 without adequate notice having been given to the inspector, 4 as determined by the board, the person responsible for having 5 enclosed the system or part shall be responsible for all costs 6 resulting from uncovering and replacing the cover material. 7 3. State inspection procedures and policies shall be 8 established by the board in accordance with the provisions of 9 the state plumbing code and state mechanical code adopted by 10 the board. 11 4. Except when an inspection reveals that an installation or 12 portion of an installation is not in compliance with accepted 13 standards of construction for health safety and property 14 safety, based upon minimum standards established by the board, 15 an inspector shall not add to, modify, or amend a construction 16 plan as originally approved by the board in the course of 17 conducting an inspection. 18 5. Management and supervision of inspectors, including 19 hiring decisions, disciplinary action, promotions, and work 20 schedules are the responsibility of the board acting in 21 accordance with applicable law and pursuant to any applicable 22 collective bargaining agreement. The board shall determine 23 work territories, regions, or districts for inspectors 24 and continuing education and ongoing training requirements 25 applicable to inspectors. An inspector subject to disciplinary 26 action pursuant to this subsection shall be entitled to an 27 appeal pursuant to section 105.41 and judicial review pursuant 28 to section 17A.19. 29 6. The board shall establish an internet-based licensure 30 verification database for access by a state or local inspector 31 for verification of licensee status. The database shall 32 include the name of every person licensed under this chapter 33 and a corresponding licensure number. Inspectors shall be 34 authorized to request the name and license number of any person 35 -7- LSB 1984HV (2) 89 jda/rn 7/ 12

H.F. 811 working at a job site subject to inspection for verification 1 of licensee status. Licensees under this chapter shall be 2 required to carry a copy of their current license and photo 3 identification at all times when employed on a job site for 4 compliance with this subsection. 5 Sec. 13. NEW SECTION . 105.40 State permits and inspections 6 —— fees. 7 1. All state plumbing and mechanical system inspection fees 8 shall be due and payable to the board at or before commencement 9 of the installation and shall be forwarded with the request for 10 inspection. Inspection fees provided in this section shall 11 not apply within the jurisdiction of any political subdivision 12 if the political subdivision provides plumbing or mechanical 13 system inspection services for the inspection of installations 14 pursuant to section 105.38, subsection l. 15 2. The board shall establish the fees for permits and 16 inspections required under this chapter. 17 Sec. 14. NEW SECTION . 105.41 State inspection —— complaints 18 —— appeals. 19 1. Any person may file a complaint with the board alleging 20 a violation of this chapter or rules adopted by the board. The 21 name of a person who files a complaint with the board shall 22 remain confidential and shall not be subject to discovery, 23 subpoena, or other means of legal compulsion for its release 24 to a person other than board employees or agents involved in 25 the investigation of the complaint. The board shall establish 26 procedures for the disposition of complaints received in 27 accordance with this subsection. 28 2. a. Any person aggrieved by an order of an inspector or 29 the board may appeal the order by filing a written notice of 30 appeal with the board within ten days after the date the order 31 was served upon the aggrieved person. 32 b. Upon receipt of a notice of appeal filed pursuant to 33 subsection 1, the board shall notify all interested parties 34 who may join in the hearing and give testimony on their own 35 -8- LSB 1984HV (2) 89 jda/rn 8/ 12

H.F. 811 behalf. The board shall set the hearing date not more than 1 fourteen days after receipt of the notice of appeal unless 2 otherwise agreed by the interested parties and the board. The 3 chairperson or executive secretary of the board may designate a 4 hearing officer from among the board members to hear the appeal 5 or may set the matter for hearing before the full board at its 6 next regular meeting. A majority of the board shall make the 7 decision on appeals. 8 Sec. 15. EFFECTIVE DATE. This Act takes effect July 1, 9 2023. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill modifies provisions in Code chapter 105, which 14 provides for the licensure and regulation of plumbers, 15 mechanical professionals, and contractors by the plumbing and 16 mechanical systems board. 17 The bill modifies the definition of “routine maintenance” 18 to remove a provision stating that the term includes emergency 19 repairs. Additionally, the bill modifies the definition of 20 “routine maintenance” to provide that the term does not include 21 the replacement of furnaces, boilers, cooling appliances, or 22 water heaters, regardless of size. 23 The bill strikes Code section 105.9, subsection 5, paragraph 24 “a”, which requires the plumbing and mechanical systems board 25 to submit a report including certain financial information to 26 the general assembly within 60 days of the end of a fiscal year 27 and potentially adjust its fee schedules based on the financial 28 information in the report. 29 The bill establishes that the provisions of Code chapter 30 105 shall not apply to a person performing an installation on 31 a farm, if the person is associated with the farm as a holder 32 of legal or equitable interest, a relative or employee of the 33 holder, or an operator or manager. 34 Current law provides that in order to be licensed by the 35 -9- LSB 1984HV (2) 89 jda/rn 9/ 12

H.F. 811 board as an apprentice, a person shall file an application that 1 establishes that the person meets the minimum requirements 2 adopted by the board. The bill provides that such minimum 3 requirements to be established in an application include the 4 receipt of a high school diploma or its equivalent. 5 Current law provides that in order to be licensed by the 6 board as a journeyperson, a person shall provide evidence 7 of completing at least four years of practical experience 8 as an apprentice through an apprenticeship training program 9 registered by the United States department of labor. The 10 bill provides that such requirement must be evidenced by a 11 certificate of completion from the department of labor. 12 The bill adds provisions in Code chapter 105 which provide 13 for state inspection of certain plumbing or mechanical system 14 installations described in new Code section 105.33. The bill 15 provides that state inspection shall not apply to routine 16 maintenance. 17 The bill requires the board to establish standards for the 18 certification and decertification of plumbing and mechanical 19 inspectors appointed by the state or a political subdivision 20 to enforce the inspection provisions of the bill. The bill 21 provides that those standards shall conform to the standards 22 applicable to a person seeking to be licensed as a master or 23 a journeyperson, or the standards applicable to a plumbing or 24 mechanical inspector appointed by a political subdivision. 25 The bill establishes procedural requirements for a licensed 26 contractor or property owner making an installation to request 27 a permit and an inspection and allows the board to adopt rules 28 providing for the issuance of permits to a licensed contractor 29 or property owner for multiple inspections, as described in the 30 bill. 31 The bill provides that if an inspector determines that 32 an installation is in compliance with the accepted standards 33 of construction for health safety and property safety, based 34 on minimum standards established by the board, the inspector 35 -10- LSB 1984HV (2) 89 jda/rn 10/ 12

H.F. 811 shall approve the installation. If an inspector finds that an 1 inspection or portion thereof is not in compliance with such 2 standards, the inspector shall issue a correction order which 3 orders the licensed contractor or property owner to make the 4 installation comply with the standards and provides a date 5 when a new inspection shall be made. When the installation 6 is brought into compliance, the inspector shall approve the 7 installation. 8 The bill specifies that nothing in the bill shall be 9 construed to require the work of employees of municipal 10 utilities, railroads, or rural water associations or districts 11 to be inspected while acting within the scope of their 12 employment. The board may by rule exempt specified types of 13 new installations from the state inspection requirements, 14 provided that a political subdivision conducting inspections 15 shall not be prohibited from requiring inspection of such 16 installations. 17 The bill provides that state inspection shall not apply 18 within the jurisdiction of any political subdivision which 19 provides inspection services for installations subject to state 20 inspection. A political subdivision may require inspections 21 of installations not subject to state inspection, in addition 22 to installations subject to state inspection. Code section 23 105.38 also includes provisions regarding the discontinuance 24 of inspections by political subdivisions, the suspension or 25 revocation of inspections by political subdivisions, and 26 permit fees established by political subdivisions to pay for 27 inspections. Additionally, the bill requires that a political 28 subdivision shall report to the board the name of every person 29 who is practicing as a plumbing or mechanical professional 30 without a license. 31 The bill establishes certain state inspection procedural 32 requirements, including provisions relating to inspection 33 timing, installation concealment, state inspection procedures 34 and policies, construction plan modification, inspector 35 -11- LSB 1984HV (2) 89 jda/rn 11/ 12

H.F. 811 supervision, and the licensure verification database, as 1 described in the bill. 2 The bill requires the board to establish fees for permits and 3 inspections. Inspection fees are to be paid to the board at 4 or before the commencement of an inspection and included with 5 the request for inspection. Inspection fees shall not apply 6 to inspections within political subdivisions which provide for 7 inspections. 8 The bill authorizes any person to file a confidential 9 complaint with the board alleging a violation of the bill or 10 any rule adopted by the board and allows any person aggrieved 11 by an order of an inspector or the board to appeal the order by 12 filing a written notice of appeal with the board within 10 days 13 after the order was served. The bill also provides certain 14 procedural requirements for such an appeal, as described in the 15 bill. 16 Pursuant to current law, the board may impose a civil penalty 17 up to $5,000 per offense upon a person who violates the bill, 18 following notice and an opportunity for a hearing. 19 The bill takes effect July 1, 2023. 20 -12- LSB 1984HV (2) 89 jda/rn 12/ 12