House File 640 - Introduced
HOUSE FILE 640
BY LOHSE
A BILL FOR
1 An Act modifying provisions applicable to individuals licensed
2 by the plumbing and mechanical systems board, providing for
3 state inspections of certain plumbing and mechanical system
4 installations, and making penalties applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 105.2, subsection 17, Code 2021, is
2 amended to read as follows:
3 17. “Routine maintenance” means the maintenance, repair,
4 or replacement of existing fixtures or parts of plumbing,
5 mechanical, HVAC, refrigeration, sheet metal, or hydronic
6 systems in which no changes in original design are made.
7 Fixtures or parts do not include smoke and fire dampers, or
8 water, gas, or steam piping permanent repairs except for traps
9 or strainers. “Routine maintenance” shall include emergency
10 repairs, and the board shall define the term “emergency repairs”
11 to include the repair of water pipes to prevent imminent
12 damage to property. “Routine maintenance” does not include the
13 replacement of furnaces, boilers, cooling appliances, or water
14 heaters more than one hundred gallons in size.
15 Sec. 2. Section 105.9, subsection 5, paragraph a, Code 2021,
16 is amended by striking the paragraph.
17 Sec. 3. Section 105.18, subsection 2, paragraph a,
18 subparagraph (1), Code 2021, is amended to read as follows:
19 (1) File an application, which application shall establish
20 that the person meets the minimum requirements adopted by the
21 board, including the receipt of a high school diploma or its
22 equivalent.
23 Sec. 4. Section 105.18, subsection 2, paragraph b,
24 subparagraph (1), subparagraph division (c), Code 2021, is
25 amended to read as follows:
26 (c) Provide the board with evidence of having completed
27 at least four years of practical experience as an apprentice.
28 Commencing January 1, 2010, the four years of practical
29 experience required by this subparagraph division must be the
30 completion of an apprenticeship training program registered by
31 the United States department of labor office of apprenticeship,
32 as evidenced by a certificate of completion from the department
33 of labor.
34 Sec. 5. NEW SECTION. 105.33 State inspection ——
35 applicability.
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1 1. The inspection and enforcement provisions of this
2 chapter shall apply to the following:
3 a. All new installations of plumbing or mechanical
4 systems for commercial or industrial applications, including
5 installations both inside and outside of a building.
6 b. All new installations of plumbing or mechanical systems
7 that serve government-owned or government-leased facilities by
8 a person who is not an employee of any unit of state or local
9 government.
10 c. All new installations of plumbing or mechanical
11 systems for multi-family residential applications, including
12 installations for an apartment or building as those terms are
13 defined in section 499B.2.
14 d. All new installations of plumbing or mechanical systems
15 for single-family residential applications requiring new
16 plumbing or mechanical systems service equipment.
17 e. Existing installations of plumbing or mechanical systems
18 observed during inspection which constitute a hazard to the
19 property owner. Existing installations shall not be deemed
20 to constitute a hazard if the installation when originally
21 installed was installed in accordance with the applicable state
22 plumbing code or state mechanical code in force at the time of
23 installation and has been maintained in that condition.
24 f. All installations of plumbing or mechanical systems
25 performed at the request of a property owner.
26 2. The inspection and enforcement provisions of this
27 chapter shall not apply to routine maintenance.
28 Sec. 6. NEW SECTION. 105.34 Plumbing or mechanical
29 inspectors.
30 1. The board shall establish by rule standards for the
31 certification and decertification of plumbing and mechanical
32 inspectors appointed by the state or a political subdivision to
33 enforce this chapter or any applicable resolution or ordinance
34 within the inspector’s jurisdiction, and for certified plumbing
35 or mechanical inspector continuing education requirements. The
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1 standards established by the board shall conform to one of the
2 following:
3 a. The standards applicable to a person seeking to be
4 licensed by the board as a master pursuant to section 105.18 in
5 the category being inspected.
6 b. The standards applicable to a person seeking to be
7 licensed by the board as a journeyperson pursuant to section
8 105.18 in the category being inspected.
9 c. The standards applicable to a plumbing or mechanical
10 inspector in the category being inspected who was appointed by
11 a political subdivision on or before January 1, 2020.
12 2. On and after January 1, 2022, a person appointed to
13 act as a plumbing or mechanical inspector for a political
14 subdivision shall obtain an inspector’s certificate of
15 qualification based on the standards established pursuant to
16 subsection 1 within one year of such appointment and shall
17 maintain the certificate thereafter for the duration of the
18 inspector’s service as a plumbing or mechanical inspector.
19 Sec. 7. NEW SECTION. 105.35 Request for permit and
20 inspection —— fees.
21 1. At or before commencement of any installation required
22 to be inspected by the board, the licensed contractor or
23 property owner making such installation shall submit to the
24 board a request for a permit and inspection. The board shall
25 prescribe the methods by which the request may be submitted,
26 which shall include an electronic submission option or through
27 a form prescribed by the board that can be submitted either
28 through the mail or by a fax transmission. The board shall
29 also prescribe methods by which the permit and inspection fees
30 established pursuant to section 105.40 can be paid, which shall
31 include electronic methods of payment. If the board becomes
32 aware that a person has failed to file a necessary request for
33 inspection, the board shall send a written notification by
34 certified mail that the request must be filed within fourteen
35 days. Any person filing a late request for inspection shall
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1 pay a delinquency fee in an amount to be determined by the
2 board. A person who fails to file a late request within
3 fourteen days from receipt of the notification shall be subject
4 to a civil penalty to be determined by the board by rule.
5 2. Notwithstanding subsection 1, the board may by rule
6 provide for the issuance of a single permit to a licensed
7 contractor or property owner to request multiple inspections.
8 The permit authorizes the licensed contractor or property owner
9 to perform new plumbing or mechanical system installations
10 specified in the permit. The board shall prescribe the methods
11 by which the request for multiple inspections may be submitted,
12 which shall include electronic submission or through a form
13 prescribed by the board that can be submitted either through
14 the mail or by a fax transmission. The board shall also
15 prescribe methods by which the permit and inspection fees
16 established pursuant to section 105.40 can be paid, which
17 shall include electronic methods of payment. The board may
18 perform inspections of each new plumbing or mechanical system
19 installation or any portion of the total number of new plumbing
20 or mechanical system installations made under each permit. The
21 board shall establish fees for such permits as provided in
22 section 105.40, which shall not exceed the total inspection
23 fees that would be required if each new installation performed
24 under the request for multiple inspections had been performed
25 under individual requests for inspections as provided in
26 subsection 1.
27 Sec. 8. NEW SECTION. 105.36 Approval of installation upon
28 inspection —— opportunity to correct noncompliance.
29 1. If an inspector determines that an installation subject
30 to inspection under this chapter is in compliance with accepted
31 standards of construction for health safety and property
32 safety, based upon minimum standards established by the board
33 pursuant to section 105.39, subsection 3, the inspector shall
34 approve the installation.
35 2. If an inspector finds that any installation or portion of
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1 an installation is not in compliance with accepted standards of
2 construction for health safety and property safety, based upon
3 minimum standards established by the board, the inspector shall
4 issue a correction order. A correction order made pursuant to
5 this section shall be served personally or by United States
6 mail only upon the licensed contractor or property owner
7 making the installation. The correction order shall order the
8 licensed contractor or property owner to make the installation
9 comply with the standards, noting specifically what changes
10 are required. The order shall specify a date, not more than
11 seventeen calendar days from the date of the order, when a new
12 inspection shall be made. When the installation is brought
13 into compliance to the satisfaction of the inspector, the
14 inspector shall approve the installation.
15 Sec. 9. NEW SECTION. 105.37 Inspections not required.
16 1. Nothing in this chapter shall be construed to require
17 the work of employees of municipal utilities, railroads, or
18 rural water associations or districts to be inspected while the
19 employees are acting within the scope of their employment.
20 2. The board may by rule exempt specified types of new
21 plumbing or mechanical system installations from state
22 inspection which are not described in section 105.33,
23 subsection 1, provided that a political subdivision conducting
24 inspections pursuant to section 105.38, subsection 1, shall not
25 be prohibited from requiring inspection of any new plumbing
26 or mechanical system installation exempt by rule from state
27 inspection pursuant to this subsection.
28 Sec. 10. NEW SECTION. 105.38 Inspection by political
29 subdivisions.
30 1. State inspection shall not apply within the jurisdiction
31 of any political subdivision which provides plumbing or
32 mechanical system inspection services for the inspection
33 of installations described in section 105.33, subsection
34 1, as established in a resolution or ordinance adopted by
35 the political subdivision. The political subdivision shall
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1 provide a copy of the resolution or ordinance establishing
2 such inspection services to the board. Inspection services
3 by political subdivisions shall be provided pursuant to the
4 current state plumbing code or state mechanical code, as
5 applicable. A political subdivision providing inspection
6 services pursuant to this subsection may require the inspection
7 of plumbing or mechanical system installations which are not
8 described in section 105.33, subsection 1, in addition to the
9 installations described in section 105.33, subsection 1.
10 2. A political subdivision may choose to discontinue
11 performing its own inspections and permit the board to have
12 jurisdiction over inspections in the political subdivision.
13 If a political subdivision seeks to discontinue its own
14 inspections, the political subdivision shall notify the board.
15 3. If a two-thirds vote of the board finds that a political
16 subdivision’s inspections are inadequate by reason of
17 misfeasance, malfeasance, or nonfeasance, the board may suspend
18 or revoke the political subdivision’s authority to perform its
19 own inspections, subject to appeal according to section 105.41
20 and judicial review pursuant to section 17A.19.
21 4. A political subdivision that performs inspections may
22 set appropriate permit fees to pay for such inspections. A
23 political subdivision shall not require any person holding
24 a license from the board to pay any license fee or take any
25 examination if the person holds a current license issued by the
26 board which is of a classification equal to or greater than
27 the classification needed to do the work proposed. Any such
28 political subdivision shall provide a requirement that each
29 person doing plumbing or mechanical system work within the
30 jurisdiction of such political subdivision have on file with
31 the political subdivision a copy of the current license issued
32 by the board or such other evidence of such license as may be
33 provided by the board.
34 5. A person appointed as an inspector for a political
35 subdivision shall report to the board the name of every person
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1 who is practicing as a plumbing or mechanical professional
2 without a license issued pursuant to this chapter pursuant to
3 the knowledge or reasonable belief of the person appointed as
4 an inspector for a political subdivision making the report.
5 Sec. 11. NEW SECTION. 105.39 State inspection ——
6 procedures.
7 1. An inspection shall be made within three business days
8 of the submission of a request for an inspection as provided
9 in section 105.35. When necessary, plumbing and mechanical
10 systems may be connected by the licensed installer prior to
11 inspection but the installation shall remain subject to any
12 appropriate restrictions or limitations as determined by the
13 board.
14 2. Where plumbing or mechanical systems or parts are
15 to be concealed, the inspector must be notified within a
16 reasonable time, as determined by the board, to complete
17 rough-in inspections prior to concealment, exclusive of
18 Saturdays, Sundays, and holidays. If plumbing or mechanical
19 systems or parts are concealed before rough-in inspections
20 without adequate notice having been given to the inspector,
21 as determined by the board, the person responsible for having
22 enclosed the system or part shall be responsible for all costs
23 resulting from uncovering and replacing the cover material.
24 3. State inspection procedures and policies shall be
25 established by the board in accordance with the provisions of
26 the state plumbing code and state mechanical code adopted by
27 the board.
28 4. Except when an inspection reveals that an installation or
29 portion of an installation is not in compliance with accepted
30 standards of construction for health safety and property
31 safety, based upon minimum standards established by the board,
32 an inspector shall not add to, modify, or amend a construction
33 plan as originally approved by the board in the course of
34 conducting an inspection.
35 5. Management and supervision of inspectors, including
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1 hiring decisions, disciplinary action, promotions, and work
2 schedules are the responsibility of the board acting in
3 accordance with applicable law and pursuant to any applicable
4 collective bargaining agreement. The board shall determine
5 work territories, regions, or districts for inspectors
6 and continuing education and ongoing training requirements
7 applicable to inspectors. An inspector subject to disciplinary
8 action pursuant to this subsection shall be entitled to an
9 appeal pursuant to section 105.41 and judicial review pursuant
10 to section 17A.19.
11 6. The board shall establish an internet-based licensure
12 verification database for access by a state or local inspector
13 for verification of licensee status. The database shall
14 include the name of every person licensed under this chapter
15 and a corresponding licensure number. Inspectors shall be
16 authorized to request the name and license number of any person
17 working at a job site subject to inspection for verification
18 of licensee status. Licensees under this chapter shall be
19 required to carry a copy of their current license and photo
20 identification at all times when employed on a job site for
21 compliance with this subsection.
22 Sec. 12. NEW SECTION. 105.40 State permits and inspections
23 —— fees.
24 1. All state plumbing and