Bill Text: IA HF639 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act modifying provisions applicable to individuals licensed by the plumbing and mechanical systems board, providing for state inspections of certain plumbing and mechanical system installations, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-06 - Introduced, referred to State Government. H.J. 414. [HF639 Detail]
Download: Iowa-2019-HF639-Introduced.html
House
File
639
-
Introduced
HOUSE
FILE
639
BY
JONES
A
BILL
FOR
An
Act
modifying
provisions
applicable
to
individuals
licensed
1
by
the
plumbing
and
mechanical
systems
board,
providing
for
2
state
inspections
of
certain
plumbing
and
mechanical
system
3
installations,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
105.9,
subsection
5,
Code
2019,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
105.18,
subsection
2,
paragraph
a,
3
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
4
(1)
File
an
application,
which
application
shall
establish
5
that
the
person
meets
the
minimum
requirements
adopted
by
the
6
board
,
including
the
receipt
of
a
high
school
diploma
or
its
7
equivalent
.
8
Sec.
3.
Section
105.18,
subsection
2,
paragraph
b,
9
subparagraph
(1),
subparagraph
division
(c),
Code
2019,
is
10
amended
to
read
as
follows:
11
(c)
Provide
the
board
with
evidence
of
having
completed
12
at
least
four
years
of
practical
experience
as
an
apprentice.
13
Commencing
January
1,
2010,
the
four
years
of
practical
14
experience
required
by
this
subparagraph
division
must
be
the
15
completion
of
an
apprenticeship
training
program
registered
by
16
the
United
States
department
of
labor
office
of
apprenticeship
,
17
as
evidenced
by
a
certificate
of
completion
from
the
department
18
of
labor
.
19
Sec.
4.
NEW
SECTION
.
105.33
State
inspection
——
20
applicability.
21
1.
The
inspection
and
enforcement
provisions
of
this
22
chapter
shall
apply
to
the
following:
23
a.
All
new
installations
of
plumbing
or
mechanical
systems
24
for
commercial
or
industrial
applications.
25
b.
All
new
installations
of
plumbing
or
mechanical
systems
26
for
residential
applications
not
including
single-family
27
residential
applications.
28
c.
All
new
installations
of
plumbing
or
mechanical
systems
29
for
single-family
residential
applications
requiring
new
30
plumbing
or
mechanical
systems
service
equipment.
31
d.
Existing
installations
of
plumbing
or
mechanical
32
systems
observed
during
inspection
which
constitute
a
hazard
33
to
the
owner.
Existing
installations
shall
not
be
deemed
34
to
constitute
a
hazard
if
the
installation
when
originally
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installed
was
installed
in
accordance
with
the
applicable
state
1
plumbing
code
or
state
mechanical
code
in
force
at
the
time
of
2
installation
and
has
been
maintained
in
that
condition.
3
2.
The
inspection
and
enforcement
provisions
of
this
4
chapter
shall
not
apply
to
routine
maintenance.
5
Sec.
5.
NEW
SECTION
.
105.34
Plumbing
or
mechanical
6
inspectors.
7
1.
The
board
shall
establish
by
rule
standards
for
the
8
certification
and
decertification
of
plumbing
and
mechanical
9
inspectors
appointed
by
the
state
or
a
political
subdivision
to
10
enforce
this
chapter
or
any
applicable
resolution
or
ordinance
11
within
the
inspector’s
jurisdiction,
and
for
certified
plumbing
12
or
mechanical
inspector
continuing
education
requirements.
13
2.
On
and
after
January
1,
2020,
a
person
appointed
to
14
act
as
a
plumbing
or
mechanical
inspector
for
a
political
15
subdivision
shall
obtain
an
inspector’s
certificate
of
16
qualification
based
on
the
standards
established
pursuant
to
17
subsection
1
within
one
year
of
such
appointment
and
shall
18
maintain
the
certificate
thereafter
for
the
duration
of
the
19
inspector’s
service
as
a
plumbing
or
mechanical
inspector.
20
Sec.
6.
NEW
SECTION
.
105.35
Request
for
inspection
——
fees.
21
1.
At
or
before
commencement
of
any
installation
required
22
to
be
inspected
by
the
board,
the
licensee
or
property
owner
23
making
such
installation
shall
submit
to
the
board
a
request
24
for
inspection.
The
board
shall
prescribe
the
methods
by
which
25
the
request
may
be
submitted,
which
may
include
electronic
26
submission
or
through
a
form
prescribed
by
the
board
that
can
27
be
submitted
either
through
the
mail
or
by
a
fax
transmission.
28
The
board
shall
also
prescribe
methods
by
which
inspection
fees
29
established
pursuant
to
section
105.40
can
be
paid,
which
may
30
include
electronic
methods
of
payment.
If
the
board
becomes
31
aware
that
a
person
has
failed
to
file
a
necessary
request
for
32
inspection,
the
board
shall
send
a
written
notification
by
33
certified
mail
that
the
request
must
be
filed
within
fourteen
34
days.
Any
person
filing
a
late
request
for
inspection
shall
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pay
a
delinquency
fee
in
an
amount
to
be
determined
by
the
1
board.
A
person
who
fails
to
file
a
late
request
within
2
fourteen
days
from
receipt
of
the
notification
shall
be
subject
3
to
a
civil
penalty
to
be
determined
by
the
board
by
rule.
4
2.
Notwithstanding
subsection
1,
the
board
may
by
rule
5
provide
for
the
issuance
of
a
single
permit
to
a
licensee
6
to
request
multiple
inspections.
The
permit
authorizes
7
the
licensee
to
perform
new
plumbing
or
mechanical
system
8
installations
specified
in
the
permit.
The
board
shall
9
prescribe
the
methods
by
which
the
request
for
multiple
10
inspections
may
be
submitted,
which
may
include
electronic
11
submission
or
through
a
form
prescribed
by
the
board
that
can
12
be
submitted
either
through
the
mail
or
by
a
fax
transmission.
13
The
board
shall
also
prescribe
methods
by
which
inspection
14
fees
established
pursuant
to
section
105.40
can
be
paid,
15
which
may
include
electronic
methods
of
payment.
The
board
16
may
perform
inspections
of
each
new
plumbing
or
mechanical
17
system
installation
or
any
portion
of
the
total
number
of
new
18
plumbing
or
mechanical
system
installations
made
under
each
19
permit.
The
board
shall
establish
fees
for
such
permits
as
20
provided
in
section
105.40,
which
shall
not
exceed
the
total
21
inspection
fees
that
would
be
required
if
each
new
installation
22
performed
under
the
request
for
multiple
inspections
had
been
23
performed
under
individual
requests
for
inspections
as
provided
24
in
subsection
1.
25
Sec.
7.
NEW
SECTION
.
105.36
Approval
of
installation
upon
26
inspection
——
opportunity
to
correct
noncompliance.
27
1.
If
an
inspector
determines
that
an
installation
subject
28
to
inspection
under
this
chapter
is
in
compliance
with
accepted
29
standards
of
construction
for
health
safety
and
property
30
safety,
based
upon
minimum
standards
established
by
the
board
31
pursuant
to
section
105.39,
subsection
3,
the
inspector
shall
32
approve
the
installation.
33
2.
If
an
inspector
finds
that
any
installation
or
portion
of
34
an
installation
is
not
in
compliance
with
accepted
standards
of
35
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construction
for
health
safety
and
property
safety,
based
upon
1
minimum
standards
established
by
the
board,
the
inspector
shall
2
issue
a
correction
order.
A
correction
order
made
pursuant
to
3
this
section
shall
be
served
personally
or
by
United
States
4
mail
only
upon
the
licensee
or
property
owner
making
the
5
installation.
The
correction
order
shall
order
the
licensee
6
or
property
owner
to
make
the
installation
comply
with
the
7
standards,
noting
specifically
what
changes
are
required.
The
8
order
shall
specify
a
date,
not
more
than
seventeen
calendar
9
days
from
the
date
of
the
order,
when
a
new
inspection
shall
be
10
made.
When
the
installation
is
brought
into
compliance
to
the
11
satisfaction
of
the
inspector,
the
inspector
shall
approve
the
12
installation.
13
Sec.
8.
NEW
SECTION
.
105.37
Inspections
not
required.
14
1.
Nothing
in
this
chapter
shall
be
construed
to
require
15
the
work
of
employees
of
municipal
utilities,
railroads,
or
16
rural
water
associations
or
districts
to
be
inspected
while
the
17
employees
are
acting
within
the
scope
of
their
employment.
18
2.
The
board
may
by
rule
exempt
specified
types
of
new
19
plumbing
or
mechanical
system
installations
from
state
20
inspection
which
are
not
described
in
section
105.33,
21
subsection
1,
provided
that
a
political
subdivision
conducting
22
inspections
pursuant
to
section
105.38,
subsection
1,
shall
not
23
be
prohibited
from
requiring
inspection
of
any
new
plumbing
24
or
mechanical
system
installation
exempt
by
rule
from
state
25
inspection
pursuant
to
this
subsection.
26
Sec.
9.
NEW
SECTION
.
105.38
Inspection
by
political
27
subdivisions.
28
1.
State
inspection
shall
not
apply
within
the
jurisdiction
29
of
any
political
subdivision
which
provides
plumbing
or
30
mechanical
system
inspection
services
for
the
inspection
31
of
installations
described
in
section
105.33,
subsection
32
1,
as
established
in
a
resolution
or
ordinance
adopted
by
33
the
political
subdivision.
The
political
subdivision
shall
34
provide
a
copy
of
the
resolution
or
ordinance
establishing
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such
inspection
services
to
the
board.
Inspection
services
1
by
political
subdivisions
shall
be
provided
pursuant
to
the
2
current
state
plumbing
code
or
state
mechanical
code,
as
3
applicable.
A
political
subdivision
providing
inspection
4
services
pursuant
to
this
subsection
may
require
the
inspection
5
of
plumbing
or
mechanical
system
installations
which
are
not
6
described
in
section
105.33,
subsection
1,
in
addition
to
the
7
installations
described
in
section
105.33,
subsection
1.
8
2.
A
political
subdivision
may
choose
to
discontinue
9
performing
its
own
inspections
and
permit
the
board
to
have
10
jurisdiction
over
inspections
in
the
political
subdivision.
11
If
a
political
subdivision
seeks
to
discontinue
its
own
12
inspections,
the
political
subdivision
shall
notify
the
board.
13
3.
If
a
unanimous
vote
of
the
board
finds
that
a
political
14
subdivision’s
inspections
are
inadequate
by
reason
of
15
misfeasance,
malfeasance,
or
nonfeasance,
the
board
may
suspend
16
or
revoke
the
political
subdivision’s
authority
to
perform
its
17
own
inspections,
subject
to
appeal
according
to
section
105.41
18
and
judicial
review
pursuant
to
section
17A.19.
19
4.
A
political
subdivision
that
performs
inspections
may
20
set
appropriate
permit
fees
to
pay
for
such
inspections.
A
21
political
subdivision
shall
not
require
any
person
holding
22
a
license
from
the
board
to
pay
any
license
fee
or
take
any
23
examination
if
the
person
holds
a
current
license
issued
by
24
the
board
which
is
of
a
classification
equal
to
or
greater
25
than
the
classification
needed
to
do
the
work
proposed.
Any
26
such
political
subdivision
may
provide
a
requirement
that
each
27
person
doing
plumbing
or
mechanical
system
work
within
the
28
jurisdiction
of
such
political
subdivision
have
on
file
with
29
the
political
subdivision
a
copy
of
the
current
license
issued
30
by
the
board
or
such
other
evidence
of
such
license
as
may
be
31
provided
by
the
board.
32
Sec.
10.
NEW
SECTION
.
105.39
State
inspection
——
33
procedures.
34
1.
An
inspection
shall
be
made
within
three
business
days
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of
the
submission
of
a
request
for
an
inspection
as
provided
1
in
section
105.35.
When
necessary,
plumbing
and
mechanical
2
systems
may
be
connected
by
the
authorized
installer
prior
to
3
inspection
but
the
installation
shall
remain
subject
to
any
4
appropriate
restrictions
or
limitations
as
determined
by
the
5
board.
6
2.
Where
plumbing
or
mechanical
systems
or
parts
are
to
be
7
concealed,
the
inspector
must
be
notified
within
a
reasonable
8
time
to
complete
rough-in
inspections
prior
to
concealment,
9
exclusive
of
Saturdays,
Sundays,
and
holidays.
If
plumbing
10
or
mechanical
systems
or
parts
are
concealed
before
rough-in
11
inspections
without
adequate
notice
having
been
given
to
the
12
inspector,
the
person
responsible
for
having
enclosed
the
13
system
or
part
shall
be
responsible
for
all
costs
resulting
14
from
uncovering
and
replacing
the
cover
material.
15
3.
State
inspection
procedures
and
policies
shall
be
16
established
by
the
board
in
accordance
with
the
provisions
of
17
the
state
plumbing
code
and
state
mechanical
code
adopted
by
18
the
board.
19
4.
Except
when
an
inspection
reveals
that
an
installation
or
20
portion
of
an
installation
is
not
in
compliance
with
accepted
21
standards
of
construction
for
health
safety
and
property
22
safety,
based
upon
minimum
standards
established
by
the
board,
23
an
inspector
shall
not
add
to,
modify,
or
amend
a
construction
24
plan
as
originally
approved
by
the
board
in
the
course
of
25
conducting
an
inspection.
26
5.
Management
and
supervision
of
inspectors,
including
27
hiring
decisions,
disciplinary
action,
promotions,
and
work
28
schedules
are
the
responsibility
of
the
board
acting
in
29
accordance
with
applicable
law
and
pursuant
to
any
applicable
30
collective
bargaining
agreement.
The
board
shall
determine
31
work
territories,
regions,
or
districts
for
inspectors
32
and
continuing
education
and
ongoing
training
requirements
33
applicable
to
inspectors.
An
inspector
subject
to
disciplinary
34
action
pursuant
to
this
subsection
shall
be
entitled
to
an
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appeal
pursuant
to
section
105.41
and
judicial
review
pursuant
1
to
section
17A.19.
2
6.
The
board
shall
establish
an
internet-based
licensure
3
verification
database
for
access
by
a
state
or
local
inspector
4
for
verification
of
licensee
status.
The
database
shall
5
include
the
name
of
every
person
licensed
under
this
chapter
6
and
a
corresponding
licensure
number.
Inspectors
shall
be
7
authorized
to
request
the
name
and
license
number
of
any
person
8
working
at
a
job
site
subject
to
inspection
for
verification
9
of
licensee
status.
Licensees
under
this
chapter
shall
be
10
required
to
carry
a
copy
of
their
current
license
and
photo
11
identification
at
all
times
when
employed
on
a
job
site
for
12
compliance
with
this
subsection.
13
Sec.
11.
NEW
SECTION
.
105.40
State
inspection
——
fees.
14
1.
All
state
plumbing
and
mechanical
system
inspection
fees
15
shall
be
due
and
payable
to
the
board
at
or
before
commencement
16
of
the
installation
and
shall
be
forwarded
with
the
request
for
17
inspection.
Inspection
fees
provided
in
this
section
shall
18
not
apply
within
the
jurisdiction
of
any
political
subdivision
19
if
the
political
subdivision
has
adopted
an
ordinance
or
20
resolution
pursuant
to
section
105.38,
subsection
1.
21
2.
The
board
shall
establish
the
fees
for
inspections
22
required
under
this
chapter.
23
Sec.
12.
NEW
SECTION
.
105.41
State
inspection
——
complaints
24
——
appeals.
25
1.
Any
person
may
file
a
complaint
with
the
board
alleging
26
a
violation
of
this
chapter
or
rules
adopted
by
the
board.
The
27
name
of
a
person
who
files
a
complaint
with
the
board
shall
28
remain
confidential
and
shall
not
be
subject
to
discovery,
29
subpoena,
or
other
means
of
legal
compulsion
for
its
release
30
to
a
person
other
than
board
employees
or
agents
involved
in
31
the
investigation
of
the
complaint.
The
board
shall
establish
32
procedures
for
the
disposition
of
complaints
received
in
33
accordance
with
this
subsection.
34
2.
a.
Any
person
aggrieved
by
an
order
of
an
inspector
or
35
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the
board
may
appeal
the
order
by
filing
a
written
notice
of
1
appeal
with
the
board
within
ten
days
after
the
date
the
order
2
was
served
upon
the
aggrieved
person.
3
b.
Upon
receipt
of
a
notice
of
appeal
filed
pursuant
to
4
subsection
1,
the
board
shall
notify
all
interested
parties
5
who
may
join
in
the
hearing
and
give
testimony
on
their
own
6
behalf.
The
board
shall
set
the
hearing
date
not
more
than
7
fourteen
days
after
receipt
of
the
notice
of
appeal
unless
8
otherwise
agreed
by
the
interested
parties
and
the
board.
The
9
chairperson
or
executive
secretary
of
the
board
may
designate
a
10
hearing
officer
from
among
the
board
members
to
hear
the
appeal
11
or
may
set
the
matter
for
hearing
before
the
full
board
at
its
12
next
regular
meeting.
A
majority
of
the
board
shall
make
the
13
decision
on
appeals.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
modifies
provisions
in
Code
chapter
105,
which
18
provides
for
the
licensure
and
regulation
of
plumbers,
19
mechanical
professionals,
and
contractors
by
the
plumbing
and
20
mechanical
systems
board.
21
Current
law
provides
that
in
order
to
be
licensed
by
the
22
board
as
an
apprentice,
a
person
shall
file
an
application
that
23
establishes
that
the
person
meets
the
minimum
requirements
24
adopted
by
the
board.
The
bill
provides
that
such
minimum
25
requirements
to
be
established
in
an
application
include
the
26
receipt
of
a
high
school
diploma
or
its
equivalent.
27
Current
law
provides
that
in
order
to
be
licensed
by
the
28
board
as
a
journeyperson,
a
person
shall
provide
evidence
29
of
completing
at
least
four
years
of
practical
experience
30
as
an
apprentice
through
an
apprenticeship
training
program
31
registered
by
the
United
States
department
of
labor.
The
32
bill
provides
that
such
requirement
must
be
evidenced
by
a
33
certificate
of
completion
from
the
department
of
labor.
34
The
bill
adds
provisions
in
Code
chapter
105
which
provide
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for
state
inspection
of
certain
plumbing
or
mechanical
system
1
installations
described
in
new
Code
section
105.33.
The
bill
2
provides
that
state
inspection
shall
not
apply
to
routine
3
maintenance.
4
New
Code
section
105.34
requires
the
board
to
establish
5
standards
for
the
certification
and
decertification
of
plumbing
6
and
mechanical
inspectors
appointed
by
the
state
or
a
political
7
subdivision
to
enforce
the
inspection
provisions
of
the
bill.
8
New
Code
section
105.35
establishes
procedural
requirements
9
for
a
licensee
or
property
owner
making
an
installation
to
10
request
an
inspection
and
allows
the
board
to
adopt
rules
11
providing
for
the
issuance
of
permits
to
licensees
for
multiple
12
inspections,
as
described
in
the
bill.
13
New
Code
section
105.36
provides
that
if
an
inspector
14
determines
that
an
installation
is
in
compliance
with
the
15
accepted
standards
of
construction
for
health
safety
and
16
property
safety,
based
on
minimum
standards
established
by
17
the
board,
the
inspector
shall
approve
the
installation.
If
18
an
inspector
finds
that
an
inspection
or
portion
thereof
is
19
not
in
compliance
with
such
standards,
the
inspector
shall
20
issue
a
correction
order
which
orders
the
licensee
or
property
21
owner
to
make
the
installation
comply
with
the
standards
and
22
provides
a
date
when
a
new
inspection
shall
be
made.
When
the
23
installation
is
brought
into
compliance,
the
inspector
shall
24
approve
the
installation.
25
New
Code
section
105.37
provides
that
nothing
in
the
26
bill
shall
be
construed
to
require
the
work
of
employees
of
27
municipal
utilities,
railroads,
or
rural
water
associations
28
or
districts
to
be
inspected
while
acting
within
the
scope
of
29
their
employment.
The
board
may
by
rule
exempt
specified
types
30
of
new
installations
from
the
state
inspection
requirements,
31
provided
that
a
political
subdivision
conducting
inspections
32
shall
not
be
prohibited
from
requiring
inspection
of
such
33
installations.
34
New
Code
section
105.38
provides
that
state
inspection
shall
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not
apply
within
the
jurisdiction
of
any
political
subdivision
1
which
provides
inspection
services
for
installations
subject
2
to
state
inspection,
as
established
in
a
resolution
or
3
ordinance
adopted
by
the
political
subdivision.
The
political
4
subdivision
shall
provide
a
copy
of
such
resolution
or
5
ordinance
to
the
board,
and
such
inspections
shall
be
provided
6
pursuant
to
the
current
state
plumbing
code
or
state
mechanical
7
code,
as
applicable.
A
political
subdivision
may
require
8
inspections
of
installations
not
subject
to
state
inspection,
9
in
addition
to
installations
subject
to
state
inspection.
10
Code
section
105.38
also
includes
provisions
regarding
the
11
discontinuance
of
inspections
by
political
subdivisions,
12
the
suspension
or
revocation
of
inspections
by
political
13
subdivisions,
and
permit
fees
established
by
political
14
subdivisions
to
pay
for
inspections.
15
New
Code
section
105.39
establishes
certain
state
inspection
16
procedural
requirements,
including
provisions
relating
to
17
inspection
timing,
installation
concealment,
state
inspection
18
procedures
and
policies,
construction
plan
modification,
19
inspector
supervision,
and
the
licensure
verification
database,
20
as
described
in
the
bill.
21
New
Code
section
105.40
requires
the
board
to
establish
22
inspection
fees,
paid
to
the
board
at
or
before
the
23
commencement
of
an
inspection
and
included
with
the
request
for
24
inspection.
Such
fees
shall
not
apply
to
inspections
within
25
political
subdivisions
which
provide
for
inspections.
26
New
Code
section
105.41
allows
any
person
to
file
a
27
confidential
complaint
with
the
board
alleging
a
violation
28
of
the
bill
or
any
rule
adopted
by
the
board
and
allows
any
29
person
aggrieved
by
an
order
of
an
inspector
or
the
board
to
30
appeal
the
order
by
filing
a
written
notice
of
appeal
with
the
31
board
within
10
days
after
the
order
was
served.
Code
section
32
105.41
also
provides
certain
procedural
requirements
for
such
33
an
appeal,
as
described
in
the
bill.
34
Pursuant
to
current
law,
the
board
may
impose
a
civil
penalty
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