House File 392 - Reprinted HOUSE FILE 392 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 42) (As Amended and Passed by the House March 16, 2011 ) A BILL FOR An Act relating to professional licensing by making changes to 1 the Iowa plumber, mechanical professional, and contractor 2 licensing Act and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 392 (5) 84 jr/sc/mb

H.F. 392 Section 1. Section 105.2, subsection 7, Code 2011, is 1 amended to read as follows: 2 7. “HVAC” means heating, ventilation, air conditioning, 3 and ducted systems , or any type of refrigeration used for 4 food processing or preservation . “HVAC” includes all natural, 5 propane, liquid propane, or other gas lines associated with any 6 component of an HVAC system. 7 Sec. 2. Section 105.2, subsections 8 and 16, Code 2011, are 8 amended to read as follows: 9 8. “Hydronic” means a heating or cooling system that 10 transfers heating or cooling by circulating fluid through 11 a closed system, including boilers, pressure vessels, 12 refrigerated equipment in connection with chilled water 13 systems, all steam piping, hot or chilled water piping together 14 with all control devices and accessories, installed as part of, 15 or in connection with, any comfort heating or comfort cooling 16 system or appliance using a liquid, water, or steam as the 17 heating or cooling media. “Hydronic” includes all low-pressure 18 and high-pressure systems and all natural, propane, liquid 19 propane, or other gas lines associated with any component of 20 a hydronic system. 21 16. “Refrigeration” means any system of refrigeration 22 regardless of the level of power, if such refrigeration is 23 intended to be used for the purpose of food processing and 24 product preservation and is not also intended to be used 25 for comfort systems. “Refrigeration” includes all natural, 26 propane, liquid propane, or other gas lines associated with any 27 component of refrigeration. 28 Sec. 3. Section 105.5, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. Any person desiring to take an examination for a license 31 issued pursuant to this chapter shall make application to 32 the board in accordance with the rules of the board. The 33 application form shall be no longer than two pages in length, 34 plus one security page. The board may require that a recent 35 -1- HF 392 (5) 84 jr/sc/mb 1/ 5

H.F. 392 photograph of the applicant be attached to the application. 1 Sec. 4. Section 105.9, subsection 2, Code 2011, is amended 2 to read as follows: 3 2. The board shall set the license fees and renewal fees for 4 all licenses issued pursuant to this chapter , by rule , based 5 upon the costs of sustaining the board and the actual costs of 6 licensing . 7 Sec. 5. Section 105.9, subsection 5, Code 2011, is amended 8 by striking the subsection and inserting in lieu thereof the 9 following: 10 5. a. The board shall submit a report to the general 11 assembly within sixty days following the end of each fiscal 12 year. The reports shall include a balance sheet projection 13 extending no less than three years. If the revenue projection 14 exceeds expense projections by more than ten percent, the board 15 shall adjust their fee schedules accordingly, so that projected 16 revenues are no more than ten percent higher than projected 17 expenses. The revised fees shall be implemented no later than 18 January 1, 2013, and January 1 of each subsequent year. 19 b. A license fee for a combined license shall be the sum 20 total of each of the separate license fees reduced by thirty 21 percent. 22 Sec. 6. Section 105.9, Code 2011, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 6. For calendar years 2011 and 2012 the fee 25 for an initial apprentice and an initial journeyman license is 26 fifty dollars. 27 NEW SUBSECTION . 7. For calendar years 2011 and 2012 the 28 fee for an initial master license is one hundred twenty-five 29 dollars. 30 NEW SUBSECTION . 8. The renewal fee shall be waived for 31 all licenses renewed from January 1, 2011, through December 32 31, 2012. For any initial license issued in 2011 prior to the 33 effective date of this Act, the licensee shall be refunded the 34 difference between the fee paid for such initial license and 35 -2- HF 392 (5) 84 jr/sc/mb 2/ 5

H.F. 392 the fees specified in subsections 6 and 7. For any licenses 1 renewed in 2011 prior to the effective date of this Act, the 2 licensee shall be refunded the entire license renewal fee paid. 3 NEW SUBSECTION . 9. The board may charge a fee for an 4 application required by this chapter and submitted on paper if 5 an internet application process is available. 6 NEW SUBSECTION . 10. The board shall waive all renewal fees 7 for all licenses that have an expiration date from January 1, 8 2011, through December 31, 2012. 9 Sec. 7. Section 105.11, subsection 3, Code 2011, is amended 10 to read as follows: 11 3. Prohibit an owner of property from performing work on the 12 owner’s principal residence, if such residence is an existing 13 dwelling rather than new construction and is not larger than a 14 single-family dwelling, or farm property, excluding commercial 15 or industrial installations or installations in public use 16 buildings or facilities, or require such owner to be licensed 17 under this chapter . In order to qualify for inapplicability 18 pursuant to this subsection , a residence shall qualify for the 19 homestead tax exemption residential property, if the property 20 is not income-producing property . 21 Sec. 8. Section 105.11, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 14. Apply to a person who is performing 24 work on a volunteer, non-paid basis or assisting a property 25 owner performing non-paid work on the owner’s residential 26 property. 27 Sec. 9. Section 105.18, subsection 3, Code 2011, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . d. An individual that holds either a master 30 or journeyperson HVAC license or a master or journeyperson 31 refrigeration license shall be exempt from having to obtain 32 a special electrician’s license pursuant to chapter 103 in 33 order to perform disconnect and reconnect of existing air 34 conditioning and refrigeration systems. 35 -3- HF 392 (5) 84 jr/sc/mb 3/ 5

H.F. 392 Sec. 10. Section 105.20, subsection 1, Code 2011, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 1. All licenses issued under this chapter shall be issued 4 for a three-year period. 5 Sec. 11. Section 105.20, subsection 6, Code 2011, is amended 6 to read as follows: 7 6. a. The board shall establish continuing education 8 requirements pursuant to section 272C.2 . The basic continuing 9 education requirement for renewal of a license shall be the 10 completion, during the immediately preceding license term, of 11 the number of classroom hours of instruction required by the 12 board in courses or seminars which have been approved by the 13 board. The board shall require at least eight classroom hours 14 of instruction during each three-year licensing term. 15 b. A licensee shall have a thirty-day grace period after 16 expiration of the licensing term to complete all requirements 17 necessary for license renewal without penalty. 18 Sec. 12. Section 331.301, subsection 6, Code 2011, is 19 amended to read as follows: 20 6. a. A county shall not set standards and requirements 21 which are lower or less stringent than those imposed by state 22 law, but may set standards and requirements which are higher or 23 more stringent than those imposed by state law, unless a state 24 law provides otherwise. 25 b. A county shall not impose any fee or charge on any 26 individual or business licensed by the board for the right to 27 perform plumbing, HVAC, refrigeration, or hydronic systems 28 work within the scope of the license. This paragraph does 29 not prohibit a county from charging fees for the issuance 30 of permits for, and inspections of, work performed in its 31 jurisdiction. 32 Sec. 13. Section 364.3, subsection 3, Code 2011, is amended 33 to read as follows: 34 3. a. A city may not set standards and requirements which 35 -4- HF 392 (5) 84 jr/sc/mb 4/ 5

H.F. 392 are lower or less stringent than those imposed by state law, 1 but may set standards and requirements which are higher or more 2 stringent than those imposed by state law, unless a state law 3 provides otherwise. 4 b. A city shall not impose any fee or charge on any 5 individual or business licensed by the board for the right to 6 perform plumbing, HVAC, refrigeration, or hydronic systems 7 work within the scope of the license. This paragraph does not 8 prohibit a city from charging fees for the issuance of permits 9 for, and inspections of, work performed in its jurisdiction. 10 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed 11 of immediate importance, takes effect upon enactment. 12 -5- HF 392 (5) 84 jr/sc/mb 5/ 5