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Senate Study Bill 3152 - IntroducedA Bill ForAn Act 1concerning government regulation, relating to the
2contractor and installation board and fund, elevator
3regulation, private investigative agencies, and state
4building code requirements, and including applicability and
5effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2 CONTRACTOR AND INSTALLATION BOARD AND FUND
3 Section 1. NEW SECTION. 91F.1 Contractor and installation
4board.
51. A contractor and installation board is created within
6the division of labor services of the department of workforce
7development. The board shall have such duties as provided by
8law.
92. a. The contractor and installation board is composed of
10eighteen voting members who shall be appointed by the governor,
11subject to confirmation by the senate, to four-year staggered
12terms beginning and ending as provided in section 69.19.
13b. The voting members shall be as follows:
14(1) A mechanical inspector.
15(2) A plumbing inspector.
16(3) An electrical inspector.
17(4) An insurance inspector.
18(5) A licensed mechanical engineer.
19(6) A licensed electrical engineer.
20(7) Two members shall be master electricians or electrical
21contractors, one of whom is a contractor signed to a collective
22bargaining agreement or a master electrician covered under a
23collective bargaining agreement and one of whom is a contractor
24not signed to a collective bargaining agreement or a master
25electrician who is not a member of a union.
26(8) Two members shall be master plumbing professionals
27or plumbing contractors, one of whom is a contractor signed
28to a collective bargaining agreement or a master plumbing
29professional covered under a collective bargaining agreement
30and one of whom is a contractor not signed to a collective
31bargaining agreement or a master plumbing professional who is
32not a member of a union.
33(9) Two members shall be master mechanical professionals
34or mechanical contractors, one of whom is a contractor signed
35to a collective bargaining agreement or a master mechanical
-1-1professional covered under a collective bargaining agreement
2and one of whom is a contractor not signed to a collective
3bargaining agreement or a master mechanical professional who is
4not a member of a union.
5(10) A contractor who primarily works in rural areas.
6(11) A fire extinguishing system contractor.
7(12) An alarm system contractor.
8(13) A boiler and pressure vessel manufacturer
9representative.
10(14) An elevator manufacturer representative.
11(15) One representative of the general public.
12c. The state fire marshal or the state fire marshal’s
13designee, the labor commissioner appointed pursuant to section
1491.2 or the labor commissioner’s designee, and the state
15building code commissioner created by chapter 103A or the state
16building code commissioner’s designee, shall be nonvoting, ex
17officio members of the board.
183. The members of the board shall select a chairperson and
19vice chairperson from their membership. Meetings shall be set
20by a majority of the board or upon the call of the chairperson,
21or in the chairperson’s absence, upon the call of the vice
22chairperson. A majority of the board members shall constitute
23a quorum.
244. The board shall adopt rules pursuant to chapter 17A
25necessary to administer the duties of the board.
26 Sec. 2. NEW SECTION. 91F.2 Contractor and installation
27fund.
281. A contractor and installation fund is created within
29the state treasury under the control of the contractor and
30installation board created in section 91F.1. The fund shall
31consist of moneys deposited in the fund.
322. Moneys in the fund are appropriated and shall be used
33by the board to pay the actual costs and expenses necessary to
34operate the board and to perform the duties of the board. All
35salaries and expenses properly chargeable to the fund shall be
-2-1paid from the fund.
23. Section 8.33 does not apply to any moneys in the fund.
3Notwithstanding section 12C.7, subsection 2, interest or
4earnings on moneys deposited in the fund shall be credited to
5the fund.
6 Sec. 3. EFFECTIVE DATE. This division of this Act takes
7effect July 1, 2021.
8DIVISION II
9BOARD DUTY CONSOLIDATION — CONFORMING CHANGES
10 Sec. 4. Section 89.2, subsection 2, Code 2020, is amended
11to read as follows:
122. “Board” means the boiler and pressure vessel contractor
13and installation board created in section 89.14 91F.1.
14 Sec. 5. Section 89.9, Code 2020, is amended to read as
15follows:
1689.9 Disposal of fees.
17All fees provided for in this chapter shall be collected by
18the commissioner and remitted to the treasurer of state, to be
19deposited in the boiler and pressure vessel safety contractor
20and installation fund pursuant to created in section 89.8
21 91F.2, together with an itemized statement showing the source
22of collection.
23 Sec. 6. Section 89.14, Code 2020, is amended by striking the
24section and inserting in lieu thereof the following:
2589.14 Contractor and installation board — boiler and
26pressure vessel duties.
271. The contractor and installation board created in section
2891F.1 shall formulate definitions and rules requirements
29for the safe and proper installation, repair, maintenance,
30alteration, use, and operation of boilers and pressure vessels
31in this state.
322. The board shall adopt rules pursuant to chapter 17A
33necessary to administer the duties of the board under this
34chapter. Rules adopted by the board shall be in accordance
35with accepted engineering standards and practices. The board
-3-1shall adopt rules relating to the equipment covered by this
2chapter that are in accordance with the ASME code, which may
3include addenda, interpretations, and code cases, as soon as
4reasonably practical following publication by the American
5society of mechanical engineers. The board shall adopt rules
6to require that operation of equipment cease in the event of
7imminent danger.
83. A notice of defect or inspection report issued by the
9commissioner pursuant to this chapter may, within thirty days
10after the making of the order, be appealed to the board.
11Action by the board constitutes final agency action for
12purposes of chapter 17A.
134. Not later than July 1, 2005, and every three years
14thereafter, the board shall conduct a comprehensive review of
15existing boiler rules, regulations, and standards, including
16but not limited to those relating to potable hot water supply
17boilers and water heaters.
185. The board shall establish fees for examinations,
19inspections, annual statements, shop inspections, and other
20services under this chapter. The fees shall reflect the actual
21costs and expenses necessary to operate the board and perform
22the duties of the commissioner as provided by this chapter.
236. The board may adopt rules governing the conversion of
24power boilers to low pressure boilers.
257. The board may adopt rules establishing an internal
26inspection interval of up to four years for objects that are
27subject to inspection pursuant to section 89.3, subsection 4,
28and are owned and operated by electric public utilities subject
29to rate regulation under chapter 476.
30 Sec. 7. Section 89A.1, subsection 18, Code 2020, is amended
31to read as follows:
3218. “Safety board” means the elevator safety contractor and
33installation board created in section 89A.13 91F.1.
34 Sec. 8. Section 89A.13, Code 2020, is amended by striking
35the section and inserting in lieu thereof the following:
-4- 189A.13 Contractor and installation board — elevator safety
2duties.
31. The contractor and installation board created in section
491F.1 shall formulate definitions and rules for the safe and
5proper installation, repair, maintenance, alteration, use, and
6operation of conveyances in this state.
72. The owner or user of equipment regulated under this
8chapter may appeal a notice of defect or an inspection report
9to the safety board within thirty days after the issuance of
10the notice or report. Action by the safety board constitutes
11final agency action for purposes of chapter 17A.
123. The safety board shall adopt rules pursuant to chapter
1317A necessary to administer the duties of the safety board
14under this chapter.
154. Not later than July 1, 2005, and every three years
16thereafter, the safety board shall conduct a comprehensive
17review of existing conveyance rules, regulations, and
18standards.
19 Sec. 9. Section 89A.19, Code 2020, is amended by striking
20the section and inserting in lieu thereof the following:
2189A.19 Elevators — disposal of fees.
22All fees collected by the commissioner pursuant to this
23chapter shall be remitted to the treasurer of state to be
24deposited in the contractor and installation fund created in
25section 91F.2.
26 Sec. 10. Section 100C.1, subsection 5, Code 2020, is amended
27to read as follows:
285. “Automatic fire extinguishing system” means a system of
29devices and equipment that automatically detects a fire and
30discharges an approved fire extinguishing agent onto or in
31the area of a fire and includes automatic sprinkler systems,
32carbon dioxide extinguishing systems, deluge systems, automatic
33dry-chemical extinguishing systems, foam extinguishing systems,
34and halogenated extinguishing systems, or other equivalent fire
35extinguishing technologies recognized by the fire extinguishing
-5-1system contractors advisory contractor and installation board
2created in section 91F.1.
3 Sec. 11. Section 100C.7, Code 2020, is amended to read as
4follows:
5100C.7 Administration — rules.
61. The state fire marshal shall administer this chapter
7and, after consultation with the fire extinguishing system
8contractors and alarm systems advisory contractor and
9installation board created in section 91F.1, shall adopt rules
10pursuant to chapter 17A necessary for the administration and
11enforcement of this chapter.
122. The contractor and installation board created in section
1391F.1 shall advise the division on matters pertaining to the
14application and certification of contractors and installers
15pursuant to this chapter.
16 Sec. 12. Section 100D.5, subsection 1, Code 2020, is amended
17to read as follows:
181. After consultation with the fire extinguishing
19system contractors and alarm systems advisory contractor and
20installation board established pursuant to section 100C.10
21 91F.1, adopt rules pursuant to chapter 17A necessary for the
22administration and enforcement of this chapter.
23 Sec. 13. Section 103.1, subsection 2, Code 2020, is amended
24to read as follows:
252. “Board” means the electrical examining contractor and
26installation board created under section 103.2 91F.1.
27 Sec. 14. Section 103.6, subsection 1, paragraphs a and c,
28Code 2020, are amended to read as follows:
29a. Adopt rules pursuant to chapter 17A for the
30administration of this chapter and in doing so shall be
31governed by the minimum standards set forth in the most current
32publication of the national electrical code issued and adopted
33by the national fire protection association, and amendments
34to the code, which code and amendments shall be filed in the
35offices of the state law library and the board and shall be a
-6-1public record. The board shall adopt rules reflecting updates
2to the code and amendments to the code. The board shall
3promulgate and adopt rules establishing wiring standards that
4protect public safety and health and property and that apply
5to all electrical wiring which is installed subject to this
6chapter.
7c. Adopt rules for continuing education requirements for
8each classification of licensure established pursuant to this
9chapter, and adopt all rules, not inconsistent with the law,
10necessary for the proper performance of the duties of the board
11under this chapter.
12 Sec. 15. Section 103.7, Code 2020, is amended by striking
13the section and inserting in lieu thereof the following:
14103.7 Disposal of fees.
15All licensing, examination, renewal, and inspection fees
16collected pursuant to this chapter shall be remitted to the
17treasurer of state to be deposited in the contractor and
18installation fund created in section 91F.2.
19 Sec. 16. Section 103.16, subsection 1, Code 2020, is amended
20to read as follows:
211. Examinations for licensure under this chapter shall be
22offered as often as deemed necessary by the board, but no less
23than one time per quarter. The scope of the examinations and
24the methods of procedure shall be prescribed by the board.
25The examinations given by the board shall be the Experior
26assessment examination, or a successor examination approved by
27the board, or an examination prepared by a third-party testing
28service which is substantially equivalent to the Experior
29assessment examination, or a successor examination approved by
30the board.
31 Sec. 17. Section 103.17, subsection 1, unnumbered paragraph
321, Code 2020, is amended to read as follows:
33A member of the board shall not disclose information under
34this chapter relating to the following:
35 Sec. 18. Section 103A.3, subsection 1, Code 2020, is amended
-7-1to read as follows:
21. “Board of review” or “board” means the state building
3code contractor and installation board of review created by
4this chapter in section 91F.1.
5 Sec. 19. Section 103A.3, subsection 6, Code 2020, is amended
6by striking the subsection.
7 Sec. 20. Section 103A.7, subsection 1, Code 2020, is amended
8to read as follows:
91. The state building code commissioner with the approval
10 advice of the advisory council board is hereby empowered and
11directed to formulate and adopt and from time to time amend
12or revise and to promulgate, in conformity with and subject
13to the conditions set forth in this chapter, reasonable rules
14designed to establish minimum safeguards in the erection and
15construction of buildings and structures, to protect the human
16beings who live and work in them from fire and other hazards,
17and to establish regulations to further protect the health,
18safety, and welfare of the public.
19 Sec. 21. Section 103A.8A, Code 2020, is amended to read as
20follows:
21103A.8A Energy conservation requirements.
22The state building code commissioner shall adopt as a part of
23the state building code a requirement that new single-family
24or two-family residential construction shall comply with
25energy conservation requirements. The requirements adopted by
26the commissioner shall be based upon a nationally recognized
27standard or code for energy conservation. The requirements
28shall only apply to single-family or two-family residential
29construction commenced after the adoption of the requirements.
30Notwithstanding any other provision of this chapter to the
31contrary, the energy conservation requirements adopted by the
32commissioner and approved by the council shall apply to new
33single-family or two-family residential construction commenced
34on or after July 1, 2008, and shall supersede and replace any
35minimum requirements for energy conservation adopted or enacted
-8-1by a governmental subdivision prior to that date applicable to
2such construction. The state building code commissioner may
3provide training to builders, contractors, and other interested
4persons on the adopted energy conservation requirements.
5 Sec. 22. Section 103A.10, subsection 5, Code 2020, is
6amended to read as follows:
75. Notwithstanding any other provision of this chapter to
8the contrary, the energy conservation requirements adopted by
9the commissioner and approved by the council shall apply to
10all new construction commenced on or after July 1, 2008, and
11shall supersede and replace any minimum requirements for energy
12conservation adopted or enacted by the governmental subdivision
13prior to that date and applicable to such construction.
14 Sec. 23. Section 103A.11, subsection 4, Code 2020, is
15amended to read as follows:
164. The provisions of this section shall not apply to any
17rule relating solely to the internal operations of the office
18of the commissioner and council.
19 Sec. 24. Section 103A.17, unnumbered paragraph 1, Code
202020, is amended to read as follows:
21The board shall establish procedures pursuant to which an
22aggrieved person may appeal to the board as provided in section
23103A.16.
24 Sec. 25. Section 103A.17, subsections 7 and 10, Code 2020,
25are amended by striking the subsections.
26 Sec. 26. Section 103A.17, subsection 8, Code 2020, is
27amended to read as follows:
288. A record of all decisions of the board and advisory
29council shall be properly indexed and filed in the office of
30the commissioner, and shall be public records as defined in
31chapter 22.
32 Sec. 27. Section 103A.18, unnumbered paragraph 1, Code
332020, is amended to read as follows:
34Judicial review of action of the commissioner, or board
35of review, or council may be sought in accordance with the
-9-1terms of the Iowa administrative procedure Act, chapter 17A.
2Notwithstanding the terms of said Act:
3 Sec. 28. Section 103A.19, subsection 2, paragraph b, Code
42020, is amended to read as follows:
5b. Require that the construction of any building or
6structure shall be in accordance with the applicable provisions
7of the state building code, subject, however, to the powers
8granted to the board of review in section 103A.16.
9 Sec. 29. Section 103A.19, subsection 2, paragraph d,
10subparagraph (2), Code 2020, is amended to read as follows:
11(2) Every certificate of occupancy or use shall, until set
12aside or vacated by the board of review, director, or a court
13of competent jurisdiction, be binding and conclusive upon all
14state and local agencies, as to all matters set forth and no
15order, direction, or requirement at variance therewith shall be
16made or issued by any other state or local agency.
17 Sec. 30. Section 103A.22, subsection 1, Code 2020, is
18amended to read as follows:
191. Nothing in this chapter shall be construed as prohibiting
20any governmental subdivision from adopting or enacting any
21building regulations relating to any building or structure
22within its limits, but a governmental subdivision in which
23the state building code has been accepted and is applicable
24shall not have the power to supersede, void, or repeal or make
25more restrictive any of the provisions of this chapter or of
26the rules adopted by the commissioner. This subsection shall
27not apply to energy conservation requirements adopted by the
28commissioner and approved by the council pursuant to section
29103A.8A or 103A.10.
30 Sec. 31. Section 105.2, subsection 2, Code 2020, is amended
31to read as follows:
322. “Board” means the plumbing and mechanical systems
33 contractor and installation board as established pursuant to
34section 105.3 91F.1.
35 Sec. 32. Section 105.3, Code 2020, is amended by striking
-10-1the section and inserting in lieu thereof the following:
2105.3 National organization memberships.
3The board may maintain a membership in any national
4organization of state boards for the professions of plumbing,
5mechanical, HVAC, refrigeration, sheet metal, or hydronic
6professionals, with all membership fees to be paid from funds
7appropriated to the board.
8 Sec. 33. Section 272C.1, subsection 6, paragraph ae, Code
92020, is amended to read as follows:
10ae. The plumbing and mechanical systems contractor and
11installation board, created pursuant to chapter 105 91F.
12 Sec. 34. Section 331.301, subsection 6, paragraph b, Code
132020, is amended to read as follows:
14b. A county shall not impose any fee or charge on any
15individual or business licensed by the plumbing and mechanical
16systems contractor and installation board created in section
1791F.1 for the right to perform plumbing, mechanical, HVAC,
18refrigeration, sheet metal, or hydronic systems work within
19the scope of the license. This paragraph does not prohibit a
20county from charging fees for the issuance of permits for, and
21inspections of, work performed in its jurisdiction.
22 Sec. 35. Section 364.3, subsection 3, paragraph b, Code
232020, is amended to read as follows:
24b. A city shall not impose any fee or charge on any
25individual or business licensed by the plumbing and mechanical
26systems contractor and installation board created in section
2791F.1 for the right to perform plumbing, mechanical, HVAC,
28refrigeration, sheet metal, or hydronic systems work within
29the scope of the license. This paragraph does not prohibit a
30city from charging fees for the issuance of permits for, and
31inspections of, work performed in its jurisdiction.
32 Sec. 36. Section 602.8102, subsection 25, Code 2020, is
33amended to read as follows:
3425. Carry out duties relating to the judicial review of
35orders of the elevator safety board as provided in section
-11-189A.10, subsection 2.
2 Sec. 37. REPEAL. Sections 89.8, 100C.10, 103.2, 103.3,
3103.4, 103A.14, and 103A.15, Code 2020, are repealed.
4 Sec. 38. EFFECTIVE DATE. This division of this Act takes
5effect January 1, 2022.
6DIVISION III
7ELEVATOR REGULATION
8 Sec. 39. Section 89A.3, subsection 2, paragraph i, Code
92020, is amended to read as follows:
10i. (1) The amount of fees charged and collected for
11inspection, permits, and commissions. Fees shall be set
12at an amount sufficient to cover costs as determined from
13consideration of the reasonable time required to conduct an
14inspection, reasonable hourly wages paid to inspectors, and
15reasonable transportation and similar expenses. The safety
16board shall not charge a fee to submit a maintenance or repair
17report pursuant to section 89A.6A.
18(2) The safety board shall not charge an inspection fee
19for a conveyance operated in a building or structure that is
20three stories or less and is owned or operated by a nonprofit
21organization or by a church or house of worship. The safety
22board may charge an operating permit fee for such a conveyance
23of no more than one hundred dollars per three-year period.
24 Sec. 40. Section 89A.6, subsection 3, Code 2020, is amended
25to read as follows:
263. Every conveyance shall be inspected not less frequently
27than annually, except that the safety board may adopt rules
28providing for inspections of conveyances at intervals other
29than annually. However, a conveyance operated in a building
30or structure that is three stories or less and is owned or
31operated by a nonprofit organization or by a church or house of
32worship shall be inspected no more frequently than every three
33years.
34 Sec. 41. NEW SECTION. 89A.6A Maintenance or repair reports.
35If maintenance or repair of a conveyance is found to be
-12-1necessary after an inspection pursuant to section 89A.6,
2subsection 3 by an inspector or special inspector, the permit
3holder for the conveyance may submit a report regarding the
4maintenance or repair to the commissioner. The commissioner
5shall accept the report as satisfying the applicable
6requirements of this chapter in lieu of additional inspection.
7The commissioner shall only authorize an additional inspection
8of the conveyance outside of the schedule provided in section
989A.6 if serious, major safety concerns were identified
10in the previous inspection. The report shall be submitted
11electronically in a format required by the commissioner after
12the repair or maintenance is completed and within the time
13provided by rule pursuant to chapter 17A, but not to exceed
14thirty days.
15 Sec. 42. Section 89A.9, subsection 1, Code 2020, is amended
16to read as follows:
171. Operating permits shall be issued by the commissioner
18to the owner of every conveyance when the inspection report,
19or maintenance or repair report if applicable, indicates
20compliance with the applicable provisions of this chapter.
21However, a permit shall not be issued if the fees required by
22this chapter have not been paid. Permits Unless the time is
23extended for cause by the division, permits shall be issued
24within thirty days after filing of the inspection report
25required by section 89A.6, unless the time is extended for
26cause by the division or the maintenance or repair report
27authorized by section 89A.6A. A conveyance shall not be
28operated after the thirty days or after an extension granted by
29the commissioner has expired, unless an operating permit has
30been issued.
31 Sec. 43. Section 89A.9, Code 2020, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 3. An operating permit for a conveyance
34operated in a building or structure that is three stories or
35less and is owned or operated by a nonprofit organization or by
-13-1a church or house of worship shall be valid for three years.
2 Sec. 44. Section 89A.10, subsection 1, Code 2020, is amended
3to read as follows:
41. If an inspection report, or maintenance or repair report
5if applicable, indicates a failure to comply with applicable
6rules, or with the detailed plans and specifications approved
7by the commissioner, the commissioner may, upon giving notice,
8order the owner thereof to make the changes necessary for
9compliance.
10 Sec. 45. Section 89A.13, subsection 5, Code 2020, is amended
11to read as follows:
125. The owner or user of equipment regulated under this
13chapter may appeal a notice of defect, or an inspection report,
14or a maintenance or repair report to the safety board within
15thirty days after the issuance of the notice or report. Safety
16board action constitutes final agency action for purposes of
17chapter 17A.
18DIVISION IV
19private investigative agencies
20 Sec. 46. Section 80A.1, subsection 12, Code 2020, is amended
21to read as follows:
2212. “Private security business” means a business of
23furnishing, for hire or reward, guards, watch personnel,
24armored car personnel, patrol personnel, or other persons to
25protect persons or property, to prevent the unlawful taking of
26goods and merchandise, or to prevent the misappropriation or
27concealment of goods, merchandise, money, securities, or other
28valuable documents or papers, and includes an individual who
29for hire patrols, watches, or guards a residential, industrial,
30or business property or district. “Private security business”
31 does not include a business for debt collection as defined in
32section 537.7102.
33DIVISION V
34ENERGY CONSERVATION REQUIREMENTS
35 Sec. 47. Section 103A.10, subsection 5, Code 2020, is
-14-1amended to read as follows:
25. a. Notwithstanding any other provision of this chapter
3to the contrary, the energy conservation requirements adopted
4by the commissioner and approved by the council shall apply to
5all new construction commenced on or after July 1, 2008, and
6shall supersede and replace any minimum requirements for energy
7conservation adopted or enacted by the governmental subdivision
8prior to that date and applicable to such construction.
9b. (1) Subject to the provisions of this subsection, energy
10conservation requirements for home construction adopted by the
11commissioner and approved by the council on or after January 1,
122020, shall be cost-effective.
13(2) For purposes of this paragraph, “cost-effective” shall
14mean, using the existing energy conservation requirements as
15the base of comparison, the economic benefits of the proposed
16energy conservation requirements will exceed the economic
17costs of the requirements based upon an incremental multiyear
18analysis that meets all of the following requirements:
19(a) Considers the perspective of a typical first-time home
20buyer.
21(b) Considers benefits and costs over a seven-year time
22period.
23(c) Does not assume fuel price increases in excess of the
24assumed general rate of inflation.
25(d) Ensures that the buyer of a home who would qualify to
26purchase the home before the addition of the energy efficient
27standards will still qualify to purchase the same home after
28the additional cost of the energy-saving construction features.
29(e) Ensures that the costs of principal, interest, taxes,
30insurance, and utilities will not be greater after the
31inclusion of the proposed cost of the additional energy-saving
32construction features required by the proposed energy
33conservation requirements than under the provisions of the
34existing energy conservation requirements.
35 Sec. 48. CODE EDITOR DIRECTIVE. The Code editor is directed
-15-1to harmonize the section of this division of this Act amending
2section 103A.10, subsection 5, with the division of this Act
3amending section 103A.10, subsection 5, if enacted, by striking
4the phrase “and approved by the council” where appropriate and
5to make other related changes, if necessary, to effectuate such
6change, effective January 1, 2022.
7 Sec. 49. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9 Sec. 50. RETROACTIVE APPLICABILITY. This division of
10this Act applies retroactively to January 1, 2020, for energy
11conservation requirements adopted and approved on and after
12that date.
13DIVISION VI
14Building contractor boards consolidation — TRANSITION
15PROVISIONS
16 Sec. 51. LABOR SERVICES DIVISION — IMPLEMENTATION STUDY —
17REPORT. The division of labor services of the department of
18workforce development shall conduct a study, in consultation
19with interested stakeholders, concerning the consolidation
20of boards as provided by this Act. The study shall consider
21financing options for the consolidated boards, staffing
22requirements, and such other issues that might require
23legislative action necessary for the proper implementation of
24the requirements of this Act. The division shall submit a
25written report, including its findings and recommendations for
26legislative action, to the general assembly by January 1, 2021.
27 Sec. 52. ADMINISTRATIVE RULES — TRANSITION PROVISIONS.
281. a. Any rule, regulation, form, order, or directive
29promulgated by any board or council mentioned in this Act,
30including any board or council abolished, merged, or altered in
31this Act, and in effect on January 1, 2022, shall continue in
32full force and effect until amended, repealed, or supplemented
33by affirmative action of the appropriate board under the duties
34and powers of boards as established in this Act and under the
35procedure established in subsection 2.
-16- 1b. Any license or permit issued by any board or council
2mentioned in this Act, including any board or council
3abolished, merged, or altered in this Act, and in effect on
4January 1, 2022, shall continue in full force and effect until
5expiration or renewal.
6c. Any moneys remaining in the boiler and pressure vessel
7safety fund, elevator safety fund, and electrician and
8installer licensing and inspection fund on January 1, 2022,
9shall be transferred to the contractor and installation fund,
10as created in this Act, under the control of the contractor and
11installation board as created in this Act. Notwithstanding
12section 8.33, the moneys transferred in accordance with this
13paragraph shall not revert to the account or fund from which
14appropriated or transferred.
15d. An administrative hearing or court proceeding arising
16out of an enforcement action by any board or council abolished,
17merged, or altered in this Act, and pending on January 1, 2022,
18shall not be affected by this Act. Any cause of action or
19statute of limitation relating to an action taken by any board
20or council abolished, merged, or altered in this Act shall not
21be affected by this Act and such cause of action or statute of
22limitation shall apply to the applicable successor board as
23created in this Act.
242. In regard to updating references and format in the Iowa
25administrative code in order to correspond to the restructuring
26of boards and councils as established in this Act, the
27administrative rules coordinator and the administrative rules
28review committee, in consultation with the administrative code
29editor, shall jointly develop a schedule for the necessary
30updating of the Iowa administrative code.
31 Sec. 53. EFFECTIVE DATE. This division of this Act takes
32effect July 1, 2020.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-17- 1This bill concerns government regulation. The bill is
2organized by divisions.
3DIVISION I — CONTRACTOR and INSTALLATION BOARD AND
4FUND. This division of the bill creates the contractor and
5installation board and the contractor and installation fund.
6New Code section 91F.1 creates the contractor and
7installation board within the division of labor services of the
8department of workforce development. The board consists of 18
9voting members who shall be appointed by the governor, subject
10to confirmation by the senate, and who shall serve four-year
11staggered terms. The bill specifies the criteria for the 18
12voting members and provides for three nonvoting, ex officio
13members of the board. The bill provides for selection of a
14chairperson and vice chairperson, authority to call a meeting,
15and quorum requirements. The bill provides that the board
16shall have such duties as provided by law and shall adopt rules
17necessary to administer the duties of the board.
18New Code section 91F.2 creates the contractor and
19installation fund. The fund shall consist of moneys deposited
20in the fund and moneys in the fund are appropriated and shall
21be used by the contractor and installation board to pay the
22actual costs and expenses necessary to operate the board and to
23perform the duties of the board.
24The division of the bill takes effect July 1, 2021.
25DIVISION II — BOARD DUTY CONSOLIDATION — CONFORMING
26CHANGES. This division eliminates the boiler and pressure
27vessel board, the elevator safety board, the fire extinguishing
28system contractors and alarm system advisory board, the
29electrical examining board, the state building code board of
30review, the state building code advisory council, and the
31plumbing and mechanical systems board. The bill then transfers
32duties and responsibilities from the eliminated boards and
33councils to the new board established by division I of the
34bill, the contractor and installation board.
35Code chapter 89, concerning boilers and unfired steam
-18-1pressure vessels, is amended by repealing the boiler and
2pressure vessel board and transferring duties performed by
3that board to the contractor and installation board created
4by the bill. Code section 89.9, concerning fees, is amended
5to provide that all fees provided for in Code chapter 89
6and collected shall be deposited in the new contractor and
7installation fund created in the bill. Code section 89.14,
8establishing the boiler and pressure vessel board and providing
9for its duties, is stricken and rewritten. The bill provides
10that the duties of the boiler and pressure vessel board are
11to be performed by the contractor and installation board and
12provides that action by the new board relative to a notice of
13defect or inspection report constitutes final agency action.
14Code chapter 89A, concerning elevators, is amended by
15repealing the elevator safety board and transferring duties
16performed by that board to the contractor and installation
17board created by the bill. Code section 89A.13, creating the
18elevator safety board, is stricken and rewritten to provide
19that the duties of the elevator safety board shall be performed
20by the new contractor and installation board. In addition, the
21bill provides that action by the new board constitutes final
22agency action. Code section 89A.19, creating the elevator
23safety fund, is amended by striking the fund and providing
24that all fees collected pursuant to Code chapter 89A shall be
25deposited in the contractor and installation fund created in
26the bill.
27Code chapters 100C and 100D, concerning fire extinguishing
28and alarm systems contractors and fire protection system
29installation, are amended by repealing the fire extinguishing
30system contractors and alarm systems advisory board and
31transferring duties performed by that board to the contractor
32and installation board created by the bill. The bill provides
33that the new contractor and installation board shall advise the
34division of the state fire marshal in the department of public
35safety on matters pertaining to fire extinguishing contractors
-19-1and installers.
2Code chapter 103, concerning electricians and electrical
3contractors, is amended by repealing the electrical examining
4board and transferring duties performed by that board to the
5contractor and installation board created by the bill. Code
6section 103.7, creating the electrician and installer licensing
7and inspection fund, is amended by striking the fund and
8provides instead that all licensing, examination, renewal, and
9inspection fees collected pursuant to Code chapter 103 shall
10be deposited in the contractor and installation fund created
11in the bill.
12Code chapter 103A, concerning the state building code,
13is amended by repealing the state building code board of
14review and the state building code advisory council. The
15bill transfers the duties of the state building code board of
16review to the new contractor and installation board created
17in the bill. Provisions requiring state building code
18advisory council approval of actions by the state building
19code commissioner or the repealed state building code board of
20review are stricken.
21Code chapter 105, concerning plumbers, mechanical
22professionals, and contractors, is amended by repealing the
23plumbing and mechanical systems board and transferring duties
24performed by that board to the contractor and installation
25board created by the bill. Code section 105.3, establishing
26the plumbing and mechanical systems board, is stricken and
27rewritten to allow the new contractor and installation board
28to maintain memberships in certain plumbing-related national
29organizations.
30The division of the bill takes effect January 1, 2022.
31DIVISION III — ELEVATOR REGULATION. This division concerns
32elevator regulation.
33The bill provides that if maintenance or repair of a
34conveyance is found to be necessary after an annual inspection
35under Code chapter 89A, the Iowa state elevator code, the
-20-1permit holder for the conveyance may submit a report regarding
2the maintenance or repair to the labor commissioner. The
3bill requires the labor commissioner to accept the report as
4satisfying the applicable requirements of Code chapter 89A in
5lieu of additional inspection. The bill provides that the
6commissioner shall only authorize an additional inspection of
7the conveyance outside of the statutory inspection schedule
8if serious, major safety concerns were identified in the
9previous inspection. The bill provides that the report shall
10be submitted after the repair or maintenance is completed and
11within the time provided by rule, but not to exceed 30 days.
12The bill prohibits the elevator safety board from charging a
13fee to submit such a report.
14The bill includes additional requirements for a conveyance
15operated in a building or structure that is three stories or
16less and is owned or operated by a nonprofit organization or by
17a church or house of worship.
18The bill provides that such conveyances shall be inspected
19no more frequently than every three years. The bill provides
20that an operating permit for such a conveyance shall be valid
21for three years. The bill prohibits the elevator safety board
22from charging an inspection fee for such a conveyance, but
23authorizes the elevator safety board to charge an operating
24permit fee for such a conveyance of no more than $100 per
25three-year period. Under current law, such conveyances are
26subject to annual inspections and require annual operating
27permits, unless different intervals are established by rule,
28and inspection and operating permit fees are determined by the
29elevator safety board by rule.
30Current law defines a “conveyance” as an elevator,
31dumbwaiter, escalator, moving walk, lift, or inclined or
32vertical wheelchair lift subject to regulation under Code
33chapter 89A, including hoistways, rails, guides, and all other
34related mechanical and electrical equipment.
35DIVISION IV — PRIVATE INVESTIGATIVE AGENCIES. This
-21-1division concerns the regulation of private investigative
2agencies. The bill amends the definition of “private security
3business” to provide that it does not include a business for
4debt collection.
5DIVISION V — ENERGY CONSERVATION REQUIREMENTS. This
6division concerns energy efficiency requirements adopted as
7part of the state building code. Code section 103A.10 is
8amended to provide that energy conservation requirements
9for home construction adopted by the state building code
10commissioner and approved by the state building code advisory
11council on or after January 1, 2020, shall be cost-effective.
12The bill defines “cost-effective” to include a comparison of
13the economic benefits and costs of the proposed requirements
14based on several considerations, including the perspective of a
15typical first-time home buyer, the benefits and costs over a
16seven-year time period, the ability of a home buyer to purchase
17the home after the additional cost of the energy-saving
18construction features, and a determination that principal,
19interest, taxes, insurance, and utilities costs will not
20be greater after the inclusion of the proposed cost of the
21additional energy-saving construction features required by the
22proposed energy conservation requirements than under previously
23existing energy conservation requirements.
24 The division of the bill takes effect upon enactment and
25applies retroactively to January 1, 2020.
26DIVISION VI — BUILDING CONTRACTOR BOARDS CONSOLIDATION
27— TRANSITION PROVISIONS. This division provides transition
28provisions relative to the requirements of the bill. The bill
29requires the division of labor services of the department
30of workforce development to conduct a study concerning the
31consolidation of boards as provided by the bill. The study
32shall consider financing options for the consolidated boards,
33staffing requirements, and such other issues that might require
34legislative action necessary for the proper implementation of
35the bill and requires the labor services division to submit a
-22-1written report, including its findings and recommendations for
2legislative action, to the general assembly by January 1, 2021.
3The bill also provides that any rule, regulation, form, order,
4or directive promulgated by any board or council mentioned in
5the bill, including any board or council abolished, merged, or
6altered, and in effect on January 1, 2022, shall continue in
7full force and effect until amended, repealed, or supplemented
8by affirmative action of the appropriate board under the duties
9and powers of boards as established in the bill. The bill
10also provides that any license or permit issued by any board
11or council mentioned in the bill and in effect on January 1,
122022, shall continue in full force and effect until expiration
13or renewal. The bill provides that moneys in any fund
14repealed by the bill are deposited in the new contractor and
15installation fund created in the bill and further provides that
16any administrative hearing, court proceeding, cause of action,
17or statute of limitation concerning an action relating to any
18board or council abolished, merged, or altered by the bill and
19pending or applicable on January 1, 2022, shall not be affected
20by the bill. The division of the bill takes effect July 1,
212020.
-23-ec/rh
2contractor and installation board and fund, elevator
3regulation, private investigative agencies, and state
4building code requirements, and including applicability and
5effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2 CONTRACTOR AND INSTALLATION BOARD AND FUND
3 Section 1. NEW SECTION. 91F.1 Contractor and installation
4board.
51. A contractor and installation board is created within
6the division of labor services of the department of workforce
7development. The board shall have such duties as provided by
8law.
92. a. The contractor and installation board is composed of
10eighteen voting members who shall be appointed by the governor,
11subject to confirmation by the senate, to four-year staggered
12terms beginning and ending as provided in section 69.19.
13b. The voting members shall be as follows:
14(1) A mechanical inspector.
15(2) A plumbing inspector.
16(3) An electrical inspector.
17(4) An insurance inspector.
18(5) A licensed mechanical engineer.
19(6) A licensed electrical engineer.
20(7) Two members shall be master electricians or electrical
21contractors, one of whom is a contractor signed to a collective
22bargaining agreement or a master electrician covered under a
23collective bargaining agreement and one of whom is a contractor
24not signed to a collective bargaining agreement or a master
25electrician who is not a member of a union.
26(8) Two members shall be master plumbing professionals
27or plumbing contractors, one of whom is a contractor signed
28to a collective bargaining agreement or a master plumbing
29professional covered under a collective bargaining agreement
30and one of whom is a contractor not signed to a collective
31bargaining agreement or a master plumbing professional who is
32not a member of a union.
33(9) Two members shall be master mechanical professionals
34or mechanical contractors, one of whom is a contractor signed
35to a collective bargaining agreement or a master mechanical
-1-1professional covered under a collective bargaining agreement
2and one of whom is a contractor not signed to a collective
3bargaining agreement or a master mechanical professional who is
4not a member of a union.
5(10) A contractor who primarily works in rural areas.
6(11) A fire extinguishing system contractor.
7(12) An alarm system contractor.
8(13) A boiler and pressure vessel manufacturer
9representative.
10(14) An elevator manufacturer representative.
11(15) One representative of the general public.
12c. The state fire marshal or the state fire marshal’s
13designee, the labor commissioner appointed pursuant to section
1491.2 or the labor commissioner’s designee, and the state
15building code commissioner created by chapter 103A or the state
16building code commissioner’s designee, shall be nonvoting, ex
17officio members of the board.
183. The members of the board shall select a chairperson and
19vice chairperson from their membership. Meetings shall be set
20by a majority of the board or upon the call of the chairperson,
21or in the chairperson’s absence, upon the call of the vice
22chairperson. A majority of the board members shall constitute
23a quorum.
244. The board shall adopt rules pursuant to chapter 17A
25necessary to administer the duties of the board.
26 Sec. 2. NEW SECTION. 91F.2 Contractor and installation
27fund.
281. A contractor and installation fund is created within
29the state treasury under the control of the contractor and
30installation board created in section 91F.1. The fund shall
31consist of moneys deposited in the fund.
322. Moneys in the fund are appropriated and shall be used
33by the board to pay the actual costs and expenses necessary to
34operate the board and to perform the duties of the board. All
35salaries and expenses properly chargeable to the fund shall be
-2-1paid from the fund.
23. Section 8.33 does not apply to any moneys in the fund.
3Notwithstanding section 12C.7, subsection 2, interest or
4earnings on moneys deposited in the fund shall be credited to
5the fund.
6 Sec. 3. EFFECTIVE DATE. This division of this Act takes
7effect July 1, 2021.
8DIVISION II
9BOARD DUTY CONSOLIDATION — CONFORMING CHANGES
10 Sec. 4. Section 89.2, subsection 2, Code 2020, is amended
11to read as follows:
122. “Board” means the boiler and pressure vessel contractor
13and installation board created in section 89.14 91F.1.
14 Sec. 5. Section 89.9, Code 2020, is amended to read as
15follows:
1689.9 Disposal of fees.
17All fees provided for in this chapter shall be collected by
18the commissioner and remitted to the treasurer of state, to be
19deposited in the boiler and pressure vessel safety contractor
20and installation fund pursuant to created in section 89.8
21 91F.2, together with an itemized statement showing the source
22of collection.
23 Sec. 6. Section 89.14, Code 2020, is amended by striking the
24section and inserting in lieu thereof the following:
2589.14 Contractor and installation board — boiler and
26pressure vessel duties.
271. The contractor and installation board created in section
2891F.1 shall formulate definitions and rules requirements
29for the safe and proper installation, repair, maintenance,
30alteration, use, and operation of boilers and pressure vessels
31in this state.
322. The board shall adopt rules pursuant to chapter 17A
33necessary to administer the duties of the board under this
34chapter. Rules adopted by the board shall be in accordance
35with accepted engineering standards and practices. The board
-3-1shall adopt rules relating to the equipment covered by this
2chapter that are in accordance with the ASME code, which may
3include addenda, interpretations, and code cases, as soon as
4reasonably practical following publication by the American
5society of mechanical engineers. The board shall adopt rules
6to require that operation of equipment cease in the event of
7imminent danger.
83. A notice of defect or inspection report issued by the
9commissioner pursuant to this chapter may, within thirty days
10after the making of the order, be appealed to the board.
11Action by the board constitutes final agency action for
12purposes of chapter 17A.
134. Not later than July 1, 2005, and every three years
14thereafter, the board shall conduct a comprehensive review of
15existing boiler rules, regulations, and standards, including
16but not limited to those relating to potable hot water supply
17boilers and water heaters.
185. The board shall establish fees for examinations,
19inspections, annual statements, shop inspections, and other
20services under this chapter. The fees shall reflect the actual
21costs and expenses necessary to operate the board and perform
22the duties of the commissioner as provided by this chapter.
236. The board may adopt rules governing the conversion of
24power boilers to low pressure boilers.
257. The board may adopt rules establishing an internal
26inspection interval of up to four years for objects that are
27subject to inspection pursuant to section 89.3, subsection 4,
28and are owned and operated by electric public utilities subject
29to rate regulation under chapter 476.
30 Sec. 7. Section 89A.1, subsection 18, Code 2020, is amended
31to read as follows:
3218. “Safety board” means the elevator safety contractor and
33installation board created in section 89A.13 91F.1.
34 Sec. 8. Section 89A.13, Code 2020, is amended by striking
35the section and inserting in lieu thereof the following:
-4- 189A.13 Contractor and installation board — elevator safety
2duties.
31. The contractor and installation board created in section
491F.1 shall formulate definitions and rules for the safe and
5proper installation, repair, maintenance, alteration, use, and
6operation of conveyances in this state.
72. The owner or user of equipment regulated under this
8chapter may appeal a notice of defect or an inspection report
9to the safety board within thirty days after the issuance of
10the notice or report. Action by the safety board constitutes
11final agency action for purposes of chapter 17A.
123. The safety board shall adopt rules pursuant to chapter
1317A necessary to administer the duties of the safety board
14under this chapter.
154. Not later than July 1, 2005, and every three years
16thereafter, the safety board shall conduct a comprehensive
17review of existing conveyance rules, regulations, and
18standards.
19 Sec. 9. Section 89A.19, Code 2020, is amended by striking
20the section and inserting in lieu thereof the following:
2189A.19 Elevators — disposal of fees.
22All fees collected by the commissioner pursuant to this
23chapter shall be remitted to the treasurer of state to be
24deposited in the contractor and installation fund created in
25section 91F.2.
26 Sec. 10. Section 100C.1, subsection 5, Code 2020, is amended
27to read as follows:
285. “Automatic fire extinguishing system” means a system of
29devices and equipment that automatically detects a fire and
30discharges an approved fire extinguishing agent onto or in
31the area of a fire and includes automatic sprinkler systems,
32carbon dioxide extinguishing systems, deluge systems, automatic
33dry-chemical extinguishing systems, foam extinguishing systems,
34and halogenated extinguishing systems, or other equivalent fire
35extinguishing technologies recognized by the fire extinguishing
-5-1system contractors advisory contractor and installation board
2created in section 91F.1.
3 Sec. 11. Section 100C.7, Code 2020, is amended to read as
4follows:
5100C.7 Administration — rules.
61. The state fire marshal shall administer this chapter
7and, after consultation with the fire extinguishing system
8contractors and alarm systems advisory contractor and
9installation board created in section 91F.1, shall adopt rules
10pursuant to chapter 17A necessary for the administration and
11enforcement of this chapter.
122. The contractor and installation board created in section
1391F.1 shall advise the division on matters pertaining to the
14application and certification of contractors and installers
15pursuant to this chapter.
16 Sec. 12. Section 100D.5, subsection 1, Code 2020, is amended
17to read as follows:
181. After consultation with the fire extinguishing
19system contractors and alarm systems advisory contractor and
20installation board established pursuant to section 100C.10
21 91F.1, adopt rules pursuant to chapter 17A necessary for the
22administration and enforcement of this chapter.
23 Sec. 13. Section 103.1, subsection 2, Code 2020, is amended
24to read as follows:
252. “Board” means the electrical examining contractor and
26installation board created under section 103.2 91F.1.
27 Sec. 14. Section 103.6, subsection 1, paragraphs a and c,
28Code 2020, are amended to read as follows:
29a. Adopt rules pursuant to chapter 17A for the
30administration of this chapter and in doing so shall be
31governed by the minimum standards set forth in the most current
32publication of the national electrical code issued and adopted
33by the national fire protection association, and amendments
34to the code, which code and amendments shall be filed in the
35offices of the state law library and the board and shall be a
-6-1public record. The board shall adopt rules reflecting updates
2to the code and amendments to the code. The board shall
3promulgate and adopt rules establishing wiring standards that
4protect public safety and health and property and that apply
5to all electrical wiring which is installed subject to this
6chapter.
7c. Adopt rules for continuing education requirements for
8each classification of licensure established pursuant to this
9chapter, and adopt all rules, not inconsistent with the law,
10necessary for the proper performance of the duties of the board
11under this chapter.
12 Sec. 15. Section 103.7, Code 2020, is amended by striking
13the section and inserting in lieu thereof the following:
14103.7 Disposal of fees.
15All licensing, examination, renewal, and inspection fees
16collected pursuant to this chapter shall be remitted to the
17treasurer of state to be deposited in the contractor and
18installation fund created in section 91F.2.
19 Sec. 16. Section 103.16, subsection 1, Code 2020, is amended
20to read as follows:
211. Examinations for licensure under this chapter shall be
22offered as often as deemed necessary by the board, but no less
23than one time per quarter. The scope of the examinations and
24the methods of procedure shall be prescribed by the board.
25The examinations given by the board shall be the Experior
26assessment examination, or a successor examination approved by
27the board, or an examination prepared by a third-party testing
28service which is substantially equivalent to the Experior
29assessment examination, or a successor examination approved by
30the board.
31 Sec. 17. Section 103.17, subsection 1, unnumbered paragraph
321, Code 2020, is amended to read as follows:
33A member of the board shall not disclose information under
34this chapter relating to the following:
35 Sec. 18. Section 103A.3, subsection 1, Code 2020, is amended
-7-1to read as follows:
21. “Board of review” or “board” means the state building
3code contractor and installation board of review created by
4this chapter in section 91F.1.
5 Sec. 19. Section 103A.3, subsection 6, Code 2020, is amended
6by striking the subsection.
7 Sec. 20. Section 103A.7, subsection 1, Code 2020, is amended
8to read as follows:
91. The state building code commissioner with the approval
10 advice of the advisory council board is hereby empowered and
11directed to formulate and adopt and from time to time amend
12or revise and to promulgate, in conformity with and subject
13to the conditions set forth in this chapter, reasonable rules
14designed to establish minimum safeguards in the erection and
15construction of buildings and structures, to protect the human
16beings who live and work in them from fire and other hazards,
17and to establish regulations to further protect the health,
18safety, and welfare of the public.
19 Sec. 21. Section 103A.8A, Code 2020, is amended to read as
20follows:
21103A.8A Energy conservation requirements.
22The state building code commissioner shall adopt as a part of
23the state building code a requirement that new single-family
24or two-family residential construction shall comply with
25energy conservation requirements. The requirements adopted by
26the commissioner shall be based upon a nationally recognized
27standard or code for energy conservation. The requirements
28shall only apply to single-family or two-family residential
29construction commenced after the adoption of the requirements.
30Notwithstanding any other provision of this chapter to the
31contrary, the energy conservation requirements adopted by the
32commissioner and approved by the council shall apply to new
33single-family or two-family residential construction commenced
34on or after July 1, 2008, and shall supersede and replace any
35minimum requirements for energy conservation adopted or enacted
-8-1by a governmental subdivision prior to that date applicable to
2such construction. The state building code commissioner may
3provide training to builders, contractors, and other interested
4persons on the adopted energy conservation requirements.
5 Sec. 22. Section 103A.10, subsection 5, Code 2020, is
6amended to read as follows:
75. Notwithstanding any other provision of this chapter to
8the contrary, the energy conservation requirements adopted by
9the commissioner and approved by the council shall apply to
10all new construction commenced on or after July 1, 2008, and
11shall supersede and replace any minimum requirements for energy
12conservation adopted or enacted by the governmental subdivision
13prior to that date and applicable to such construction.
14 Sec. 23. Section 103A.11, subsection 4, Code 2020, is
15amended to read as follows:
164. The provisions of this section shall not apply to any
17rule relating solely to the internal operations of the office
18of the commissioner and council.
19 Sec. 24. Section 103A.17, unnumbered paragraph 1, Code
202020, is amended to read as follows:
21The board shall establish procedures pursuant to which an
22aggrieved person may appeal to the board as provided in section
23103A.16.
24 Sec. 25. Section 103A.17, subsections 7 and 10, Code 2020,
25are amended by striking the subsections.
26 Sec. 26. Section 103A.17, subsection 8, Code 2020, is
27amended to read as follows:
288. A record of all decisions of the board and advisory
29council shall be properly indexed and filed in the office of
30the commissioner, and shall be public records as defined in
31chapter 22.
32 Sec. 27. Section 103A.18, unnumbered paragraph 1, Code
332020, is amended to read as follows:
34Judicial review of action of the commissioner, or board
35of review, or council may be sought in accordance with the
-9-1terms of the Iowa administrative procedure Act, chapter 17A.
2Notwithstanding the terms of said Act:
3 Sec. 28. Section 103A.19, subsection 2, paragraph b, Code
42020, is amended to read as follows:
5b. Require that the construction of any building or
6structure shall be in accordance with the applicable provisions
7of the state building code, subject, however, to the powers
8granted to the board of review in section 103A.16.
9 Sec. 29. Section 103A.19, subsection 2, paragraph d,
10subparagraph (2), Code 2020, is amended to read as follows:
11(2) Every certificate of occupancy or use shall, until set
12aside or vacated by the board of review, director, or a court
13of competent jurisdiction, be binding and conclusive upon all
14state and local agencies, as to all matters set forth and no
15order, direction, or requirement at variance therewith shall be
16made or issued by any other state or local agency.
17 Sec. 30. Section 103A.22, subsection 1, Code 2020, is
18amended to read as follows:
191. Nothing in this chapter shall be construed as prohibiting
20any governmental subdivision from adopting or enacting any
21building regulations relating to any building or structure
22within its limits, but a governmental subdivision in which
23the state building code has been accepted and is applicable
24shall not have the power to supersede, void, or repeal or make
25more restrictive any of the provisions of this chapter or of
26the rules adopted by the commissioner. This subsection shall
27not apply to energy conservation requirements adopted by the
28commissioner and approved by the council pursuant to section
29103A.8A or 103A.10.
30 Sec. 31. Section 105.2, subsection 2, Code 2020, is amended
31to read as follows:
322. “Board” means the plumbing and mechanical systems
33 contractor and installation board as established pursuant to
34section 105.3 91F.1.
35 Sec. 32. Section 105.3, Code 2020, is amended by striking
-10-1the section and inserting in lieu thereof the following:
2105.3 National organization memberships.
3The board may maintain a membership in any national
4organization of state boards for the professions of plumbing,
5mechanical, HVAC, refrigeration, sheet metal, or hydronic
6professionals, with all membership fees to be paid from funds
7appropriated to the board.
8 Sec. 33. Section 272C.1, subsection 6, paragraph ae, Code
92020, is amended to read as follows:
10ae. The plumbing and mechanical systems contractor and
11installation board, created pursuant to chapter 105 91F.
12 Sec. 34. Section 331.301, subsection 6, paragraph b, Code
132020, is amended to read as follows:
14b. A county shall not impose any fee or charge on any
15individual or business licensed by the plumbing and mechanical
16systems contractor and installation board created in section
1791F.1 for the right to perform plumbing, mechanical, HVAC,
18refrigeration, sheet metal, or hydronic systems work within
19the scope of the license. This paragraph does not prohibit a
20county from charging fees for the issuance of permits for, and
21inspections of, work performed in its jurisdiction.
22 Sec. 35. Section 364.3, subsection 3, paragraph b, Code
232020, is amended to read as follows:
24b. A city shall not impose any fee or charge on any
25individual or business licensed by the plumbing and mechanical
26systems contractor and installation board created in section
2791F.1 for the right to perform plumbing, mechanical, HVAC,
28refrigeration, sheet metal, or hydronic systems work within
29the scope of the license. This paragraph does not prohibit a
30city from charging fees for the issuance of permits for, and
31inspections of, work performed in its jurisdiction.
32 Sec. 36. Section 602.8102, subsection 25, Code 2020, is
33amended to read as follows:
3425. Carry out duties relating to the judicial review of
35orders of the elevator safety board as provided in section
-11-189A.10, subsection 2.
2 Sec. 37. REPEAL. Sections 89.8, 100C.10, 103.2, 103.3,
3103.4, 103A.14, and 103A.15, Code 2020, are repealed.
4 Sec. 38. EFFECTIVE DATE. This division of this Act takes
5effect January 1, 2022.
6DIVISION III
7ELEVATOR REGULATION
8 Sec. 39. Section 89A.3, subsection 2, paragraph i, Code
92020, is amended to read as follows:
10i. (1) The amount of fees charged and collected for
11inspection, permits, and commissions. Fees shall be set
12at an amount sufficient to cover costs as determined from
13consideration of the reasonable time required to conduct an
14inspection, reasonable hourly wages paid to inspectors, and
15reasonable transportation and similar expenses. The safety
16board shall not charge a fee to submit a maintenance or repair
17report pursuant to section 89A.6A.
18(2) The safety board shall not charge an inspection fee
19for a conveyance operated in a building or structure that is
20three stories or less and is owned or operated by a nonprofit
21organization or by a church or house of worship. The safety
22board may charge an operating permit fee for such a conveyance
23of no more than one hundred dollars per three-year period.
24 Sec. 40. Section 89A.6, subsection 3, Code 2020, is amended
25to read as follows:
263. Every conveyance shall be inspected not less frequently
27than annually, except that the safety board may adopt rules
28providing for inspections of conveyances at intervals other
29than annually. However, a conveyance operated in a building
30or structure that is three stories or less and is owned or
31operated by a nonprofit organization or by a church or house of
32worship shall be inspected no more frequently than every three
33years.
34 Sec. 41. NEW SECTION. 89A.6A Maintenance or repair reports.
35If maintenance or repair of a conveyance is found to be
-12-1necessary after an inspection pursuant to section 89A.6,
2subsection 3 by an inspector or special inspector, the permit
3holder for the conveyance may submit a report regarding the
4maintenance or repair to the commissioner. The commissioner
5shall accept the report as satisfying the applicable
6requirements of this chapter in lieu of additional inspection.
7The commissioner shall only authorize an additional inspection
8of the conveyance outside of the schedule provided in section
989A.6 if serious, major safety concerns were identified
10in the previous inspection. The report shall be submitted
11electronically in a format required by the commissioner after
12the repair or maintenance is completed and within the time
13provided by rule pursuant to chapter 17A, but not to exceed
14thirty days.
15 Sec. 42. Section 89A.9, subsection 1, Code 2020, is amended
16to read as follows:
171. Operating permits shall be issued by the commissioner
18to the owner of every conveyance when the inspection report,
19or maintenance or repair report if applicable, indicates
20compliance with the applicable provisions of this chapter.
21However, a permit shall not be issued if the fees required by
22this chapter have not been paid. Permits Unless the time is
23extended for cause by the division, permits shall be issued
24within thirty days after filing of the inspection report
25required by section 89A.6, unless the time is extended for
26cause by the division or the maintenance or repair report
27authorized by section 89A.6A. A conveyance shall not be
28operated after the thirty days or after an extension granted by
29the commissioner has expired, unless an operating permit has
30been issued.
31 Sec. 43. Section 89A.9, Code 2020, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 3. An operating permit for a conveyance
34operated in a building or structure that is three stories or
35less and is owned or operated by a nonprofit organization or by
-13-1a church or house of worship shall be valid for three years.
2 Sec. 44. Section 89A.10, subsection 1, Code 2020, is amended
3to read as follows:
41. If an inspection report, or maintenance or repair report
5if applicable, indicates a failure to comply with applicable
6rules, or with the detailed plans and specifications approved
7by the commissioner, the commissioner may, upon giving notice,
8order the owner thereof to make the changes necessary for
9compliance.
10 Sec. 45. Section 89A.13, subsection 5, Code 2020, is amended
11to read as follows:
125. The owner or user of equipment regulated under this
13chapter may appeal a notice of defect, or an inspection report,
14or a maintenance or repair report to the safety board within
15thirty days after the issuance of the notice or report. Safety
16board action constitutes final agency action for purposes of
17chapter 17A.
18DIVISION IV
19private investigative agencies
20 Sec. 46. Section 80A.1, subsection 12, Code 2020, is amended
21to read as follows:
2212. “Private security business” means a business of
23furnishing, for hire or reward, guards, watch personnel,
24armored car personnel, patrol personnel, or other persons to
25protect persons or property, to prevent the unlawful taking of
26goods and merchandise, or to prevent the misappropriation or
27concealment of goods, merchandise, money, securities, or other
28valuable documents or papers, and includes an individual who
29for hire patrols, watches, or guards a residential, industrial,
30or business property or district. “Private security business”
31 does not include a business for debt collection as defined in
32section 537.7102.
33DIVISION V
34ENERGY CONSERVATION REQUIREMENTS
35 Sec. 47. Section 103A.10, subsection 5, Code 2020, is
-14-1amended to read as follows:
25. a. Notwithstanding any other provision of this chapter
3to the contrary, the energy conservation requirements adopted
4by the commissioner and approved by the council shall apply to
5all new construction commenced on or after July 1, 2008, and
6shall supersede and replace any minimum requirements for energy
7conservation adopted or enacted by the governmental subdivision
8prior to that date and applicable to such construction.
9b. (1) Subject to the provisions of this subsection, energy
10conservation requirements for home construction adopted by the
11commissioner and approved by the council on or after January 1,
122020, shall be cost-effective.
13(2) For purposes of this paragraph, “cost-effective” shall
14mean, using the existing energy conservation requirements as
15the base of comparison, the economic benefits of the proposed
16energy conservation requirements will exceed the economic
17costs of the requirements based upon an incremental multiyear
18analysis that meets all of the following requirements:
19(a) Considers the perspective of a typical first-time home
20buyer.
21(b) Considers benefits and costs over a seven-year time
22period.
23(c) Does not assume fuel price increases in excess of the
24assumed general rate of inflation.
25(d) Ensures that the buyer of a home who would qualify to
26purchase the home before the addition of the energy efficient
27standards will still qualify to purchase the same home after
28the additional cost of the energy-saving construction features.
29(e) Ensures that the costs of principal, interest, taxes,
30insurance, and utilities will not be greater after the
31inclusion of the proposed cost of the additional energy-saving
32construction features required by the proposed energy
33conservation requirements than under the provisions of the
34existing energy conservation requirements.
35 Sec. 48. CODE EDITOR DIRECTIVE. The Code editor is directed
-15-1to harmonize the section of this division of this Act amending
2section 103A.10, subsection 5, with the division of this Act
3amending section 103A.10, subsection 5, if enacted, by striking
4the phrase “and approved by the council” where appropriate and
5to make other related changes, if necessary, to effectuate such
6change, effective January 1, 2022.
7 Sec. 49. EFFECTIVE DATE. This division of this Act, being
8deemed of immediate importance, takes effect upon enactment.
9 Sec. 50. RETROACTIVE APPLICABILITY. This division of
10this Act applies retroactively to January 1, 2020, for energy
11conservation requirements adopted and approved on and after
12that date.
13DIVISION VI
14Building contractor boards consolidation — TRANSITION
15PROVISIONS
16 Sec. 51. LABOR SERVICES DIVISION — IMPLEMENTATION STUDY —
17REPORT. The division of labor services of the department of
18workforce development shall conduct a study, in consultation
19with interested stakeholders, concerning the consolidation
20of boards as provided by this Act. The study shall consider
21financing options for the consolidated boards, staffing
22requirements, and such other issues that might require
23legislative action necessary for the proper implementation of
24the requirements of this Act. The division shall submit a
25written report, including its findings and recommendations for
26legislative action, to the general assembly by January 1, 2021.
27 Sec. 52. ADMINISTRATIVE RULES — TRANSITION PROVISIONS.
281. a. Any rule, regulation, form, order, or directive
29promulgated by any board or council mentioned in this Act,
30including any board or council abolished, merged, or altered in
31this Act, and in effect on January 1, 2022, shall continue in
32full force and effect until amended, repealed, or supplemented
33by affirmative action of the appropriate board under the duties
34and powers of boards as established in this Act and under the
35procedure established in subsection 2.
-16- 1b. Any license or permit issued by any board or council
2mentioned in this Act, including any board or council
3abolished, merged, or altered in this Act, and in effect on
4January 1, 2022, shall continue in full force and effect until
5expiration or renewal.
6c. Any moneys remaining in the boiler and pressure vessel
7safety fund, elevator safety fund, and electrician and
8installer licensing and inspection fund on January 1, 2022,
9shall be transferred to the contractor and installation fund,
10as created in this Act, under the control of the contractor and
11installation board as created in this Act. Notwithstanding
12section 8.33, the moneys transferred in accordance with this
13paragraph shall not revert to the account or fund from which
14appropriated or transferred.
15d. An administrative hearing or court proceeding arising
16out of an enforcement action by any board or council abolished,
17merged, or altered in this Act, and pending on January 1, 2022,
18shall not be affected by this Act. Any cause of action or
19statute of limitation relating to an action taken by any board
20or council abolished, merged, or altered in this Act shall not
21be affected by this Act and such cause of action or statute of
22limitation shall apply to the applicable successor board as
23created in this Act.
242. In regard to updating references and format in the Iowa
25administrative code in order to correspond to the restructuring
26of boards and councils as established in this Act, the
27administrative rules coordinator and the administrative rules
28review committee, in consultation with the administrative code
29editor, shall jointly develop a schedule for the necessary
30updating of the Iowa administrative code.
31 Sec. 53. EFFECTIVE DATE. This division of this Act takes
32effect July 1, 2020.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-17- 1This bill concerns government regulation. The bill is
2organized by divisions.
3DIVISION I — CONTRACTOR and INSTALLATION BOARD AND
4FUND. This division of the bill creates the contractor and
5installation board and the contractor and installation fund.
6New Code section 91F.1 creates the contractor and
7installation board within the division of labor services of the
8department of workforce development. The board consists of 18
9voting members who shall be appointed by the governor, subject
10to confirmation by the senate, and who shall serve four-year
11staggered terms. The bill specifies the criteria for the 18
12voting members and provides for three nonvoting, ex officio
13members of the board. The bill provides for selection of a
14chairperson and vice chairperson, authority to call a meeting,
15and quorum requirements. The bill provides that the board
16shall have such duties as provided by law and shall adopt rules
17necessary to administer the duties of the board.
18New Code section 91F.2 creates the contractor and
19installation fund. The fund shall consist of moneys deposited
20in the fund and moneys in the fund are appropriated and shall
21be used by the contractor and installation board to pay the
22actual costs and expenses necessary to operate the board and to
23perform the duties of the board.
24The division of the bill takes effect July 1, 2021.
25DIVISION II — BOARD DUTY CONSOLIDATION — CONFORMING
26CHANGES. This division eliminates the boiler and pressure
27vessel board, the elevator safety board, the fire extinguishing
28system contractors and alarm system advisory board, the
29electrical examining board, the state building code board of
30review, the state building code advisory council, and the
31plumbing and mechanical systems board. The bill then transfers
32duties and responsibilities from the eliminated boards and
33councils to the new board established by division I of the
34bill, the contractor and installation board.
35Code chapter 89, concerning boilers and unfired steam
-18-1pressure vessels, is amended by repealing the boiler and
2pressure vessel board and transferring duties performed by
3that board to the contractor and installation board created
4by the bill. Code section 89.9, concerning fees, is amended
5to provide that all fees provided for in Code chapter 89
6and collected shall be deposited in the new contractor and
7installation fund created in the bill. Code section 89.14,
8establishing the boiler and pressure vessel board and providing
9for its duties, is stricken and rewritten. The bill provides
10that the duties of the boiler and pressure vessel board are
11to be performed by the contractor and installation board and
12provides that action by the new board relative to a notice of
13defect or inspection report constitutes final agency action.
14Code chapter 89A, concerning elevators, is amended by
15repealing the elevator safety board and transferring duties
16performed by that board to the contractor and installation
17board created by the bill. Code section 89A.13, creating the
18elevator safety board, is stricken and rewritten to provide
19that the duties of the elevator safety board shall be performed
20by the new contractor and installation board. In addition, the
21bill provides that action by the new board constitutes final
22agency action. Code section 89A.19, creating the elevator
23safety fund, is amended by striking the fund and providing
24that all fees collected pursuant to Code chapter 89A shall be
25deposited in the contractor and installation fund created in
26the bill.
27Code chapters 100C and 100D, concerning fire extinguishing
28and alarm systems contractors and fire protection system
29installation, are amended by repealing the fire extinguishing
30system contractors and alarm systems advisory board and
31transferring duties performed by that board to the contractor
32and installation board created by the bill. The bill provides
33that the new contractor and installation board shall advise the
34division of the state fire marshal in the department of public
35safety on matters pertaining to fire extinguishing contractors
-19-1and installers.
2Code chapter 103, concerning electricians and electrical
3contractors, is amended by repealing the electrical examining
4board and transferring duties performed by that board to the
5contractor and installation board created by the bill. Code
6section 103.7, creating the electrician and installer licensing
7and inspection fund, is amended by striking the fund and
8provides instead that all licensing, examination, renewal, and
9inspection fees collected pursuant to Code chapter 103 shall
10be deposited in the contractor and installation fund created
11in the bill.
12Code chapter 103A, concerning the state building code,
13is amended by repealing the state building code board of
14review and the state building code advisory council. The
15bill transfers the duties of the state building code board of
16review to the new contractor and installation board created
17in the bill. Provisions requiring state building code
18advisory council approval of actions by the state building
19code commissioner or the repealed state building code board of
20review are stricken.
21Code chapter 105, concerning plumbers, mechanical
22professionals, and contractors, is amended by repealing the
23plumbing and mechanical systems board and transferring duties
24performed by that board to the contractor and installation
25board created by the bill. Code section 105.3, establishing
26the plumbing and mechanical systems board, is stricken and
27rewritten to allow the new contractor and installation board
28to maintain memberships in certain plumbing-related national
29organizations.
30The division of the bill takes effect January 1, 2022.
31DIVISION III — ELEVATOR REGULATION. This division concerns
32elevator regulation.
33The bill provides that if maintenance or repair of a
34conveyance is found to be necessary after an annual inspection
35under Code chapter 89A, the Iowa state elevator code, the
-20-1permit holder for the conveyance may submit a report regarding
2the maintenance or repair to the labor commissioner. The
3bill requires the labor commissioner to accept the report as
4satisfying the applicable requirements of Code chapter 89A in
5lieu of additional inspection. The bill provides that the
6commissioner shall only authorize an additional inspection of
7the conveyance outside of the statutory inspection schedule
8if serious, major safety concerns were identified in the
9previous inspection. The bill provides that the report shall
10be submitted after the repair or maintenance is completed and
11within the time provided by rule, but not to exceed 30 days.
12The bill prohibits the elevator safety board from charging a
13fee to submit such a report.
14The bill includes additional requirements for a conveyance
15operated in a building or structure that is three stories or
16less and is owned or operated by a nonprofit organization or by
17a church or house of worship.
18The bill provides that such conveyances shall be inspected
19no more frequently than every three years. The bill provides
20that an operating permit for such a conveyance shall be valid
21for three years. The bill prohibits the elevator safety board
22from charging an inspection fee for such a conveyance, but
23authorizes the elevator safety board to charge an operating
24permit fee for such a conveyance of no more than $100 per
25three-year period. Under current law, such conveyances are
26subject to annual inspections and require annual operating
27permits, unless different intervals are established by rule,
28and inspection and operating permit fees are determined by the
29elevator safety board by rule.
30Current law defines a “conveyance” as an elevator,
31dumbwaiter, escalator, moving walk, lift, or inclined or
32vertical wheelchair lift subject to regulation under Code
33chapter 89A, including hoistways, rails, guides, and all other
34related mechanical and electrical equipment.
35DIVISION IV — PRIVATE INVESTIGATIVE AGENCIES. This
-21-1division concerns the regulation of private investigative
2agencies. The bill amends the definition of “private security
3business” to provide that it does not include a business for
4debt collection.
5DIVISION V — ENERGY CONSERVATION REQUIREMENTS. This
6division concerns energy efficiency requirements adopted as
7part of the state building code. Code section 103A.10 is
8amended to provide that energy conservation requirements
9for home construction adopted by the state building code
10commissioner and approved by the state building code advisory
11council on or after January 1, 2020, shall be cost-effective.
12The bill defines “cost-effective” to include a comparison of
13the economic benefits and costs of the proposed requirements
14based on several considerations, including the perspective of a
15typical first-time home buyer, the benefits and costs over a
16seven-year time period, the ability of a home buyer to purchase
17the home after the additional cost of the energy-saving
18construction features, and a determination that principal,
19interest, taxes, insurance, and utilities costs will not
20be greater after the inclusion of the proposed cost of the
21additional energy-saving construction features required by the
22proposed energy conservation requirements than under previously
23existing energy conservation requirements.
24 The division of the bill takes effect upon enactment and
25applies retroactively to January 1, 2020.
26DIVISION VI — BUILDING CONTRACTOR BOARDS CONSOLIDATION
27— TRANSITION PROVISIONS. This division provides transition
28provisions relative to the requirements of the bill. The bill
29requires the division of labor services of the department
30of workforce development to conduct a study concerning the
31consolidation of boards as provided by the bill. The study
32shall consider financing options for the consolidated boards,
33staffing requirements, and such other issues that might require
34legislative action necessary for the proper implementation of
35the bill and requires the labor services division to submit a
-22-1written report, including its findings and recommendations for
2legislative action, to the general assembly by January 1, 2021.
3The bill also provides that any rule, regulation, form, order,
4or directive promulgated by any board or council mentioned in
5the bill, including any board or council abolished, merged, or
6altered, and in effect on January 1, 2022, shall continue in
7full force and effect until amended, repealed, or supplemented
8by affirmative action of the appropriate board under the duties
9and powers of boards as established in the bill. The bill
10also provides that any license or permit issued by any board
11or council mentioned in the bill and in effect on January 1,
122022, shall continue in full force and effect until expiration
13or renewal. The bill provides that moneys in any fund
14repealed by the bill are deposited in the new contractor and
15installation fund created in the bill and further provides that
16any administrative hearing, court proceeding, cause of action,
17or statute of limitation concerning an action relating to any
18board or council abolished, merged, or altered by the bill and
19pending or applicable on January 1, 2022, shall not be affected
20by the bill. The division of the bill takes effect July 1,
212020.
-23-ec/rh