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House File 639 - IntroducedA Bill ForAn Act 1modifying provisions applicable to individuals licensed
2by the plumbing and mechanical systems board, providing for
3state inspections of certain plumbing and mechanical system
4installations, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 105.9, subsection 5, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 105.18, subsection 2, paragraph a,
4subparagraph (1), Code 2019, is amended to read as follows:
5(1) File an application, which application shall establish
6that the person meets the minimum requirements adopted by the
7board, including the receipt of a high school diploma or its
8equivalent.
9 Sec. 3. Section 105.18, subsection 2, paragraph b,
10subparagraph (1), subparagraph division (c), Code 2019, is
11amended to read as follows:
12(c) Provide the board with evidence of having completed
13at least four years of practical experience as an apprentice.
14Commencing January 1, 2010, the four years of practical
15experience required by this subparagraph division must be the
16completion of an apprenticeship training program registered by
17the United States department of labor office of apprenticeship,
18as evidenced by a certificate of completion from the department
19of labor.
20 Sec. 4. NEW SECTION. 105.33 State inspection —
21applicability.
221. The inspection and enforcement provisions of this
23chapter shall apply to the following:
24a. All new installations of plumbing or mechanical systems
25for commercial or industrial applications.
26b. All new installations of plumbing or mechanical systems
27for residential applications not including single-family
28residential applications.
29c. All new installations of plumbing or mechanical systems
30for single-family residential applications requiring new
31plumbing or mechanical systems service equipment.
32d. Existing installations of plumbing or mechanical
33systems observed during inspection which constitute a hazard
34to the owner. Existing installations shall not be deemed
35to constitute a hazard if the installation when originally
-1-1installed was installed in accordance with the applicable state
2plumbing code or state mechanical code in force at the time of
3installation and has been maintained in that condition.
42. The inspection and enforcement provisions of this
5chapter shall not apply to routine maintenance.
6 Sec. 5. NEW SECTION. 105.34 Plumbing or mechanical
7inspectors.
81. The board shall establish by rule standards for the
9certification and decertification of plumbing and mechanical
10inspectors appointed by the state or a political subdivision to
11enforce this chapter or any applicable resolution or ordinance
12within the inspector’s jurisdiction, and for certified plumbing
13or mechanical inspector continuing education requirements.
142. On and after January 1, 2020, a person appointed to
15act as a plumbing or mechanical inspector for a political
16subdivision shall obtain an inspector’s certificate of
17qualification based on the standards established pursuant to
18subsection 1 within one year of such appointment and shall
19maintain the certificate thereafter for the duration of the
20inspector’s service as a plumbing or mechanical inspector.
21 Sec. 6. NEW SECTION. 105.35 Request for inspection — fees.
221. At or before commencement of any installation required
23to be inspected by the board, the licensee or property owner
24making such installation shall submit to the board a request
25for inspection. The board shall prescribe the methods by which
26the request may be submitted, which may include electronic
27submission or through a form prescribed by the board that can
28be submitted either through the mail or by a fax transmission.
29The board shall also prescribe methods by which inspection fees
30established pursuant to section 105.40 can be paid, which may
31include electronic methods of payment. If the board becomes
32aware that a person has failed to file a necessary request for
33inspection, the board shall send a written notification by
34certified mail that the request must be filed within fourteen
35days. Any person filing a late request for inspection shall
-2-1pay a delinquency fee in an amount to be determined by the
2board. A person who fails to file a late request within
3fourteen days from receipt of the notification shall be subject
4to a civil penalty to be determined by the board by rule.
52. Notwithstanding subsection 1, the board may by rule
6provide for the issuance of a single permit to a licensee
7to request multiple inspections. The permit authorizes
8the licensee to perform new plumbing or mechanical system
9installations specified in the permit. The board shall
10prescribe the methods by which the request for multiple
11inspections may be submitted, which may include electronic
12submission or through a form prescribed by the board that can
13be submitted either through the mail or by a fax transmission.
14The board shall also prescribe methods by which inspection
15fees established pursuant to section 105.40 can be paid,
16which may include electronic methods of payment. The board
17may perform inspections of each new plumbing or mechanical
18system installation or any portion of the total number of new
19plumbing or mechanical system installations made under each
20permit. The board shall establish fees for such permits as
21provided in section 105.40, which shall not exceed the total
22inspection fees that would be required if each new installation
23performed under the request for multiple inspections had been
24performed under individual requests for inspections as provided
25in subsection 1.
26 Sec. 7. NEW SECTION. 105.36 Approval of installation upon
27inspection — opportunity to correct noncompliance.
281. If an inspector determines that an installation subject
29to inspection under this chapter is in compliance with accepted
30standards of construction for health safety and property
31safety, based upon minimum standards established by the board
32pursuant to section 105.39, subsection 3, the inspector shall
33approve the installation.
342. If an inspector finds that any installation or portion of
35an installation is not in compliance with accepted standards of
-3-1construction for health safety and property safety, based upon
2minimum standards established by the board, the inspector shall
3issue a correction order. A correction order made pursuant to
4this section shall be served personally or by United States
5mail only upon the licensee or property owner making the
6installation. The correction order shall order the licensee
7or property owner to make the installation comply with the
8standards, noting specifically what changes are required. The
9order shall specify a date, not more than seventeen calendar
10days from the date of the order, when a new inspection shall be
11made. When the installation is brought into compliance to the
12satisfaction of the inspector, the inspector shall approve the
13installation.
14 Sec. 8. NEW SECTION. 105.37 Inspections not required.
151. Nothing in this chapter shall be construed to require
16the work of employees of municipal utilities, railroads, or
17rural water associations or districts to be inspected while the
18employees are acting within the scope of their employment.
192. The board may by rule exempt specified types of new
20plumbing or mechanical system installations from state
21inspection which are not described in section 105.33,
22subsection 1, provided that a political subdivision conducting
23inspections pursuant to section 105.38, subsection 1, shall not
24be prohibited from requiring inspection of any new plumbing
25or mechanical system installation exempt by rule from state
26inspection pursuant to this subsection.
27 Sec. 9. NEW SECTION. 105.38 Inspection by political
28subdivisions.
291. State inspection shall not apply within the jurisdiction
30of any political subdivision which provides plumbing or
31mechanical system inspection services for the inspection
32of installations described in section 105.33, subsection
331, as established in a resolution or ordinance adopted by
34the political subdivision. The political subdivision shall
35provide a copy of the resolution or ordinance establishing
-4-1such inspection services to the board. Inspection services
2by political subdivisions shall be provided pursuant to the
3current state plumbing code or state mechanical code, as
4applicable. A political subdivision providing inspection
5services pursuant to this subsection may require the inspection
6of plumbing or mechanical system installations which are not
7described in section 105.33, subsection 1, in addition to the
8installations described in section 105.33, subsection 1.
92. A political subdivision may choose to discontinue
10performing its own inspections and permit the board to have
11jurisdiction over inspections in the political subdivision.
12If a political subdivision seeks to discontinue its own
13inspections, the political subdivision shall notify the board.
143. If a unanimous vote of the board finds that a political
15subdivision’s inspections are inadequate by reason of
16misfeasance, malfeasance, or nonfeasance, the board may suspend
17or revoke the political subdivision’s authority to perform its
18own inspections, subject to appeal according to section 105.41
19and judicial review pursuant to section 17A.19.
204. A political subdivision that performs inspections may
21set appropriate permit fees to pay for such inspections. A
22political subdivision shall not require any person holding
23a license from the board to pay any license fee or take any
24examination if the person holds a current license issued by
25the board which is of a classification equal to or greater
26than the classification needed to do the work proposed. Any
27such political subdivision may provide a requirement that each
28person doing plumbing or mechanical system work within the
29jurisdiction of such political subdivision have on file with
30the political subdivision a copy of the current license issued
31by the board or such other evidence of such license as may be
32provided by the board.
33 Sec. 10. NEW SECTION. 105.39 State inspection —
34procedures.
351. An inspection shall be made within three business days
-5-1of the submission of a request for an inspection as provided
2in section 105.35. When necessary, plumbing and mechanical
3systems may be connected by the authorized installer prior to
4inspection but the installation shall remain subject to any
5appropriate restrictions or limitations as determined by the
6board.
72. Where plumbing or mechanical systems or parts are to be
8concealed, the inspector must be notified within a reasonable
9time to complete rough-in inspections prior to concealment,
10exclusive of Saturdays, Sundays, and holidays. If plumbing
11or mechanical systems or parts are concealed before rough-in
12inspections without adequate notice having been given to the
13inspector, the person responsible for having enclosed the
14system or part shall be responsible for all costs resulting
15from uncovering and replacing the cover material.
163. State inspection procedures and policies shall be
17established by the board in accordance with the provisions of
18the state plumbing code and state mechanical code adopted by
19the board.
204. Except when an inspection reveals that an installation or
21portion of an installation is not in compliance with accepted
22standards of construction for health safety and property
23safety, based upon minimum standards established by the board,
24an inspector shall not add to, modify, or amend a construction
25plan as originally approved by the board in the course of
26conducting an inspection.
275. Management and supervision of inspectors, including
28hiring decisions, disciplinary action, promotions, and work
29schedules are the responsibility of the board acting in
30accordance with applicable law and pursuant to any applicable
31collective bargaining agreement. The board shall determine
32work territories, regions, or districts for inspectors
33and continuing education and ongoing training requirements
34applicable to inspectors. An inspector subject to disciplinary
35action pursuant to this subsection shall be entitled to an
-6-1appeal pursuant to section 105.41 and judicial review pursuant
2to section 17A.19.
36. The board shall establish an internet-based licensure
4verification database for access by a state or local inspector
5for verification of licensee status. The database shall
6include the name of every person licensed under this chapter
7and a corresponding licensure number. Inspectors shall be
8authorized to request the name and license number of any person
9working at a job site subject to inspection for verification
10of licensee status. Licensees under this chapter shall be
11required to carry a copy of their current license and photo
12identification at all times when employed on a job site for
13compliance with this subsection.
14 Sec. 11. NEW SECTION. 105.40 State inspection — fees.
151. All state plumbing and mechanical system inspection fees
16shall be due and payable to the board at or before commencement
17of the installation and shall be forwarded with the request for
18inspection. Inspection fees provided in this section shall
19not apply within the jurisdiction of any political subdivision
20if the political subdivision has adopted an ordinance or
21resolution pursuant to section 105.38, subsection 1.
222. The board shall establish the fees for inspections
23required under this chapter.
24 Sec. 12. NEW SECTION. 105.41 State inspection — complaints
25— appeals.
261. Any person may file a complaint with the board alleging
27a violation of this chapter or rules adopted by the board. The
28name of a person who files a complaint with the board shall
29remain confidential and shall not be subject to discovery,
30subpoena, or other means of legal compulsion for its release
31to a person other than board employees or agents involved in
32the investigation of the complaint. The board shall establish
33procedures for the disposition of complaints received in
34accordance with this subsection.
352. a. Any person aggrieved by an order of an inspector or
-7-1the board may appeal the order by filing a written notice of
2appeal with the board within ten days after the date the order
3was served upon the aggrieved person.
4b. Upon receipt of a notice of appeal filed pursuant to
5subsection 1, the board shall notify all interested parties
6who may join in the hearing and give testimony on their own
7behalf. The board shall set the hearing date not more than
8fourteen days after receipt of the notice of appeal unless
9otherwise agreed by the interested parties and the board. The
10chairperson or executive secretary of the board may designate a
11hearing officer from among the board members to hear the appeal
12or may set the matter for hearing before the full board at its
13next regular meeting. A majority of the board shall make the
14decision on appeals.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill modifies provisions in Code chapter 105, which
19provides for the licensure and regulation of plumbers,
20mechanical professionals, and contractors by the plumbing and
21mechanical systems board.
22Current law provides that in order to be licensed by the
23board as an apprentice, a person shall file an application that
24establishes that the person meets the minimum requirements
25adopted by the board. The bill provides that such minimum
26requirements to be established in an application include the
27receipt of a high school diploma or its equivalent.
28Current law provides that in order to be licensed by the
29board as a journeyperson, a person shall provide evidence
30of completing at least four years of practical experience
31as an apprentice through an apprenticeship training program
32registered by the United States department of labor. The
33bill provides that such requirement must be evidenced by a
34certificate of completion from the department of labor.
35The bill adds provisions in Code chapter 105 which provide
-8-1for state inspection of certain plumbing or mechanical system
2installations described in new Code section 105.33. The bill
3provides that state inspection shall not apply to routine
4maintenance.
5New Code section 105.34 requires the board to establish
6standards for the certification and decertification of plumbing
7and mechanical inspectors appointed by the state or a political
8subdivision to enforce the inspection provisions of the bill.
9New Code section 105.35 establishes procedural requirements
10for a licensee or property owner making an installation to
11request an inspection and allows the board to adopt rules
12providing for the issuance of permits to licensees for multiple
13inspections, as described in the bill.
14New Code section 105.36 provides that if an inspector
15determines that an installation is in compliance with the
16accepted standards of construction for health safety and
17property safety, based on minimum standards established by
18the board, the inspector shall approve the installation. If
19an inspector finds that an inspection or portion thereof is
20not in compliance with such standards, the inspector shall
21issue a correction order which orders the licensee or property
22owner to make the installation comply with the standards and
23provides a date when a new inspection shall be made. When the
24installation is brought into compliance, the inspector shall
25approve the installation.
26New Code section 105.37 provides that nothing in the
27bill shall be construed to require the work of employees of
28municipal utilities, railroads, or rural water associations
29or districts to be inspected while acting within the scope of
30their employment. The board may by rule exempt specified types
31of new installations from the state inspection requirements,
32provided that a political subdivision conducting inspections
33shall not be prohibited from requiring inspection of such
34installations.
35New Code section 105.38 provides that state inspection shall
-9-1not apply within the jurisdiction of any political subdivision
2which provides inspection services for installations subject
3to state inspection, as established in a resolution or
4ordinance adopted by the political subdivision. The political
5subdivision shall provide a copy of such resolution or
6ordinance to the board, and such inspections shall be provided
7pursuant to the current state plumbing code or state mechanical
8code, as applicable. A political subdivision may require
9inspections of installations not subject to state inspection,
10in addition to installations subject to state inspection.
11Code section 105.38 also includes provisions regarding the
12discontinuance of inspections by political subdivisions,
13the suspension or revocation of inspections by political
14subdivisions, and permit fees established by political
15subdivisions to pay for inspections.
16New Code section 105.39 establishes certain state inspection
17procedural requirements, including provisions relating to
18inspection timing, installation concealment, state inspection
19procedures and policies, construction plan modification,
20inspector supervision, and the licensure verification database,
21as described in the bill.
22New Code section 105.40 requires the board to establish
23inspection fees, paid to the board at or before the
24commencement of an inspection and included with the request for
25inspection. Such fees shall not apply to inspections within
26political subdivisions which provide for inspections.
27New Code section 105.41 allows any person to file a
28confidential complaint with the board alleging a violation
29of the bill or any rule adopted by the board and allows any
30person aggrieved by an order of an inspector or the board to
31appeal the order by filing a written notice of appeal with the
32board within 10 days after the order was served. Code section
33105.41 also provides certain procedural requirements for such
34an appeal, as described in the bill.
35Pursuant to current law, the board may impose a civil penalty
-10-1up to $5,000 per offense upon a person who violates the bill,
2following notice and an opportunity for a hearing.
-11-gh/rn
2by the plumbing and mechanical systems board, providing for
3state inspections of certain plumbing and mechanical system
4installations, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 105.9, subsection 5, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 105.18, subsection 2, paragraph a,
4subparagraph (1), Code 2019, is amended to read as follows:
5(1) File an application, which application shall establish
6that the person meets the minimum requirements adopted by the
7board, including the receipt of a high school diploma or its
8equivalent.
9 Sec. 3. Section 105.18, subsection 2, paragraph b,
10subparagraph (1), subparagraph division (c), Code 2019, is
11amended to read as follows:
12(c) Provide the board with evidence of having completed
13at least four years of practical experience as an apprentice.
14Commencing January 1, 2010, the four years of practical
15experience required by this subparagraph division must be the
16completion of an apprenticeship training program registered by
17the United States department of labor office of apprenticeship,
18as evidenced by a certificate of completion from the department
19of labor.
20 Sec. 4. NEW SECTION. 105.33 State inspection —
21applicability.
221. The inspection and enforcement provisions of this
23chapter shall apply to the following:
24a. All new installations of plumbing or mechanical systems
25for commercial or industrial applications.
26b. All new installations of plumbing or mechanical systems
27for residential applications not including single-family
28residential applications.
29c. All new installations of plumbing or mechanical systems
30for single-family residential applications requiring new
31plumbing or mechanical systems service equipment.
32d. Existing installations of plumbing or mechanical
33systems observed during inspection which constitute a hazard
34to the owner. Existing installations shall not be deemed
35to constitute a hazard if the installation when originally
-1-1installed was installed in accordance with the applicable state
2plumbing code or state mechanical code in force at the time of
3installation and has been maintained in that condition.
42. The inspection and enforcement provisions of this
5chapter shall not apply to routine maintenance.
6 Sec. 5. NEW SECTION. 105.34 Plumbing or mechanical
7inspectors.
81. The board shall establish by rule standards for the
9certification and decertification of plumbing and mechanical
10inspectors appointed by the state or a political subdivision to
11enforce this chapter or any applicable resolution or ordinance
12within the inspector’s jurisdiction, and for certified plumbing
13or mechanical inspector continuing education requirements.
142. On and after January 1, 2020, a person appointed to
15act as a plumbing or mechanical inspector for a political
16subdivision shall obtain an inspector’s certificate of
17qualification based on the standards established pursuant to
18subsection 1 within one year of such appointment and shall
19maintain the certificate thereafter for the duration of the
20inspector’s service as a plumbing or mechanical inspector.
21 Sec. 6. NEW SECTION. 105.35 Request for inspection — fees.
221. At or before commencement of any installation required
23to be inspected by the board, the licensee or property owner
24making such installation shall submit to the board a request
25for inspection. The board shall prescribe the methods by which
26the request may be submitted, which may include electronic
27submission or through a form prescribed by the board that can
28be submitted either through the mail or by a fax transmission.
29The board shall also prescribe methods by which inspection fees
30established pursuant to section 105.40 can be paid, which may
31include electronic methods of payment. If the board becomes
32aware that a person has failed to file a necessary request for
33inspection, the board shall send a written notification by
34certified mail that the request must be filed within fourteen
35days. Any person filing a late request for inspection shall
-2-1pay a delinquency fee in an amount to be determined by the
2board. A person who fails to file a late request within
3fourteen days from receipt of the notification shall be subject
4to a civil penalty to be determined by the board by rule.
52. Notwithstanding subsection 1, the board may by rule
6provide for the issuance of a single permit to a licensee
7to request multiple inspections. The permit authorizes
8the licensee to perform new plumbing or mechanical system
9installations specified in the permit. The board shall
10prescribe the methods by which the request for multiple
11inspections may be submitted, which may include electronic
12submission or through a form prescribed by the board that can
13be submitted either through the mail or by a fax transmission.
14The board shall also prescribe methods by which inspection
15fees established pursuant to section 105.40 can be paid,
16which may include electronic methods of payment. The board
17may perform inspections of each new plumbing or mechanical
18system installation or any portion of the total number of new
19plumbing or mechanical system installations made under each
20permit. The board shall establish fees for such permits as
21provided in section 105.40, which shall not exceed the total
22inspection fees that would be required if each new installation
23performed under the request for multiple inspections had been
24performed under individual requests for inspections as provided
25in subsection 1.
26 Sec. 7. NEW SECTION. 105.36 Approval of installation upon
27inspection — opportunity to correct noncompliance.
281. If an inspector determines that an installation subject
29to inspection under this chapter is in compliance with accepted
30standards of construction for health safety and property
31safety, based upon minimum standards established by the board
32pursuant to section 105.39, subsection 3, the inspector shall
33approve the installation.
342. If an inspector finds that any installation or portion of
35an installation is not in compliance with accepted standards of
-3-1construction for health safety and property safety, based upon
2minimum standards established by the board, the inspector shall
3issue a correction order. A correction order made pursuant to
4this section shall be served personally or by United States
5mail only upon the licensee or property owner making the
6installation. The correction order shall order the licensee
7or property owner to make the installation comply with the
8standards, noting specifically what changes are required. The
9order shall specify a date, not more than seventeen calendar
10days from the date of the order, when a new inspection shall be
11made. When the installation is brought into compliance to the
12satisfaction of the inspector, the inspector shall approve the
13installation.
14 Sec. 8. NEW SECTION. 105.37 Inspections not required.
151. Nothing in this chapter shall be construed to require
16the work of employees of municipal utilities, railroads, or
17rural water associations or districts to be inspected while the
18employees are acting within the scope of their employment.
192. The board may by rule exempt specified types of new
20plumbing or mechanical system installations from state
21inspection which are not described in section 105.33,
22subsection 1, provided that a political subdivision conducting
23inspections pursuant to section 105.38, subsection 1, shall not
24be prohibited from requiring inspection of any new plumbing
25or mechanical system installation exempt by rule from state
26inspection pursuant to this subsection.
27 Sec. 9. NEW SECTION. 105.38 Inspection by political
28subdivisions.
291. State inspection shall not apply within the jurisdiction
30of any political subdivision which provides plumbing or
31mechanical system inspection services for the inspection
32of installations described in section 105.33, subsection
331, as established in a resolution or ordinance adopted by
34the political subdivision. The political subdivision shall
35provide a copy of the resolution or ordinance establishing
-4-1such inspection services to the board. Inspection services
2by political subdivisions shall be provided pursuant to the
3current state plumbing code or state mechanical code, as
4applicable. A political subdivision providing inspection
5services pursuant to this subsection may require the inspection
6of plumbing or mechanical system installations which are not
7described in section 105.33, subsection 1, in addition to the
8installations described in section 105.33, subsection 1.
92. A political subdivision may choose to discontinue
10performing its own inspections and permit the board to have
11jurisdiction over inspections in the political subdivision.
12If a political subdivision seeks to discontinue its own
13inspections, the political subdivision shall notify the board.
143. If a unanimous vote of the board finds that a political
15subdivision’s inspections are inadequate by reason of
16misfeasance, malfeasance, or nonfeasance, the board may suspend
17or revoke the political subdivision’s authority to perform its
18own inspections, subject to appeal according to section 105.41
19and judicial review pursuant to section 17A.19.
204. A political subdivision that performs inspections may
21set appropriate permit fees to pay for such inspections. A
22political subdivision shall not require any person holding
23a license from the board to pay any license fee or take any
24examination if the person holds a current license issued by
25the board which is of a classification equal to or greater
26than the classification needed to do the work proposed. Any
27such political subdivision may provide a requirement that each
28person doing plumbing or mechanical system work within the
29jurisdiction of such political subdivision have on file with
30the political subdivision a copy of the current license issued
31by the board or such other evidence of such license as may be
32provided by the board.
33 Sec. 10. NEW SECTION. 105.39 State inspection —
34procedures.
351. An inspection shall be made within three business days
-5-1of the submission of a request for an inspection as provided
2in section 105.35. When necessary, plumbing and mechanical
3systems may be connected by the authorized installer prior to
4inspection but the installation shall remain subject to any
5appropriate restrictions or limitations as determined by the
6board.
72. Where plumbing or mechanical systems or parts are to be
8concealed, the inspector must be notified within a reasonable
9time to complete rough-in inspections prior to concealment,
10exclusive of Saturdays, Sundays, and holidays. If plumbing
11or mechanical systems or parts are concealed before rough-in
12inspections without adequate notice having been given to the
13inspector, the person responsible for having enclosed the
14system or part shall be responsible for all costs resulting
15from uncovering and replacing the cover material.
163. State inspection procedures and policies shall be
17established by the board in accordance with the provisions of
18the state plumbing code and state mechanical code adopted by
19the board.
204. Except when an inspection reveals that an installation or
21portion of an installation is not in compliance with accepted
22standards of construction for health safety and property
23safety, based upon minimum standards established by the board,
24an inspector shall not add to, modify, or amend a construction
25plan as originally approved by the board in the course of
26conducting an inspection.
275. Management and supervision of inspectors, including
28hiring decisions, disciplinary action, promotions, and work
29schedules are the responsibility of the board acting in
30accordance with applicable law and pursuant to any applicable
31collective bargaining agreement. The board shall determine
32work territories, regions, or districts for inspectors
33and continuing education and ongoing training requirements
34applicable to inspectors. An inspector subject to disciplinary
35action pursuant to this subsection shall be entitled to an
-6-1appeal pursuant to section 105.41 and judicial review pursuant
2to section 17A.19.
36. The board shall establish an internet-based licensure
4verification database for access by a state or local inspector
5for verification of licensee status. The database shall
6include the name of every person licensed under this chapter
7and a corresponding licensure number. Inspectors shall be
8authorized to request the name and license number of any person
9working at a job site subject to inspection for verification
10of licensee status. Licensees under this chapter shall be
11required to carry a copy of their current license and photo
12identification at all times when employed on a job site for
13compliance with this subsection.
14 Sec. 11. NEW SECTION. 105.40 State inspection — fees.
151. All state plumbing and mechanical system inspection fees
16shall be due and payable to the board at or before commencement
17of the installation and shall be forwarded with the request for
18inspection. Inspection fees provided in this section shall
19not apply within the jurisdiction of any political subdivision
20if the political subdivision has adopted an ordinance or
21resolution pursuant to section 105.38, subsection 1.
222. The board shall establish the fees for inspections
23required under this chapter.
24 Sec. 12. NEW SECTION. 105.41 State inspection — complaints
25— appeals.
261. Any person may file a complaint with the board alleging
27a violation of this chapter or rules adopted by the board. The
28name of a person who files a complaint with the board shall
29remain confidential and shall not be subject to discovery,
30subpoena, or other means of legal compulsion for its release
31to a person other than board employees or agents involved in
32the investigation of the complaint. The board shall establish
33procedures for the disposition of complaints received in
34accordance with this subsection.
352. a. Any person aggrieved by an order of an inspector or
-7-1the board may appeal the order by filing a written notice of
2appeal with the board within ten days after the date the order
3was served upon the aggrieved person.
4b. Upon receipt of a notice of appeal filed pursuant to
5subsection 1, the board shall notify all interested parties
6who may join in the hearing and give testimony on their own
7behalf. The board shall set the hearing date not more than
8fourteen days after receipt of the notice of appeal unless
9otherwise agreed by the interested parties and the board. The
10chairperson or executive secretary of the board may designate a
11hearing officer from among the board members to hear the appeal
12or may set the matter for hearing before the full board at its
13next regular meeting. A majority of the board shall make the
14decision on appeals.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill modifies provisions in Code chapter 105, which
19provides for the licensure and regulation of plumbers,
20mechanical professionals, and contractors by the plumbing and
21mechanical systems board.
22Current law provides that in order to be licensed by the
23board as an apprentice, a person shall file an application that
24establishes that the person meets the minimum requirements
25adopted by the board. The bill provides that such minimum
26requirements to be established in an application include the
27receipt of a high school diploma or its equivalent.
28Current law provides that in order to be licensed by the
29board as a journeyperson, a person shall provide evidence
30of completing at least four years of practical experience
31as an apprentice through an apprenticeship training program
32registered by the United States department of labor. The
33bill provides that such requirement must be evidenced by a
34certificate of completion from the department of labor.
35The bill adds provisions in Code chapter 105 which provide
-8-1for state inspection of certain plumbing or mechanical system
2installations described in new Code section 105.33. The bill
3provides that state inspection shall not apply to routine
4maintenance.
5New Code section 105.34 requires the board to establish
6standards for the certification and decertification of plumbing
7and mechanical inspectors appointed by the state or a political
8subdivision to enforce the inspection provisions of the bill.
9New Code section 105.35 establishes procedural requirements
10for a licensee or property owner making an installation to
11request an inspection and allows the board to adopt rules
12providing for the issuance of permits to licensees for multiple
13inspections, as described in the bill.
14New Code section 105.36 provides that if an inspector
15determines that an installation is in compliance with the
16accepted standards of construction for health safety and
17property safety, based on minimum standards established by
18the board, the inspector shall approve the installation. If
19an inspector finds that an inspection or portion thereof is
20not in compliance with such standards, the inspector shall
21issue a correction order which orders the licensee or property
22owner to make the installation comply with the standards and
23provides a date when a new inspection shall be made. When the
24installation is brought into compliance, the inspector shall
25approve the installation.
26New Code section 105.37 provides that nothing in the
27bill shall be construed to require the work of employees of
28municipal utilities, railroads, or rural water associations
29or districts to be inspected while acting within the scope of
30their employment. The board may by rule exempt specified types
31of new installations from the state inspection requirements,
32provided that a political subdivision conducting inspections
33shall not be prohibited from requiring inspection of such
34installations.
35New Code section 105.38 provides that state inspection shall
-9-1not apply within the jurisdiction of any political subdivision
2which provides inspection services for installations subject
3to state inspection, as established in a resolution or
4ordinance adopted by the political subdivision. The political
5subdivision shall provide a copy of such resolution or
6ordinance to the board, and such inspections shall be provided
7pursuant to the current state plumbing code or state mechanical
8code, as applicable. A political subdivision may require
9inspections of installations not subject to state inspection,
10in addition to installations subject to state inspection.
11Code section 105.38 also includes provisions regarding the
12discontinuance of inspections by political subdivisions,
13the suspension or revocation of inspections by political
14subdivisions, and permit fees established by political
15subdivisions to pay for inspections.
16New Code section 105.39 establishes certain state inspection
17procedural requirements, including provisions relating to
18inspection timing, installation concealment, state inspection
19procedures and policies, construction plan modification,
20inspector supervision, and the licensure verification database,
21as described in the bill.
22New Code section 105.40 requires the board to establish
23inspection fees, paid to the board at or before the
24commencement of an inspection and included with the request for
25inspection. Such fees shall not apply to inspections within
26political subdivisions which provide for inspections.
27New Code section 105.41 allows any person to file a
28confidential complaint with the board alleging a violation
29of the bill or any rule adopted by the board and allows any
30person aggrieved by an order of an inspector or the board to
31appeal the order by filing a written notice of appeal with the
32board within 10 days after the order was served. Code section
33105.41 also provides certain procedural requirements for such
34an appeal, as described in the bill.
35Pursuant to current law, the board may impose a civil penalty
-10-1up to $5,000 per offense upon a person who violates the bill,
2following notice and an opportunity for a hearing.
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