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Code of Ordinances Amendment - Title 14_2015 International Building Code Copyright 2014 City of Dubuque Action Items # 4. ITEM TITLE: Code of Ordinances Amendment- Title 14 International Building Code SUMMARY: City Manager recommending adoption of the International Building Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Sections 14-1A-1 International Building Code Adopted, 14- 1A-2 International Building Code Amendments, 14-1A-3 Permit Issuance Prohibited During Consideration of Zoning Reclassification or Zoning or Subdivision Text Amendments, and 14-1A-6 Building Code and Advisory Appeals Board by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopting the 2015 International Building Code SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Adoption of International Building Code-MVM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Motion Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Adoption of the 2015 International I-Codes DATE: June 1, 2016 The City of Dubuque has traditionally adopted the new International I-Codes every three years. The adoption of the 2015 International I-Codes allows the City's inspection staff to properly perform their duties during the plan review process, field inspections, and upon completion issuing the Certificate of Occupancy, making sure all structures are safe and meet minimum code requirements. The City of Dubuque will also benefit from the adoption of the new I-Codes through the Insurance Services Organization (ISO) Building Code Effectiveness Grading Schedule, which provides communities with an overall score based on the effectiveness of adopted Building Codes. This score is then analyzed by insurance companies and others to help determine property insurance rates locally. Building Services Manager Todd Carr recommends City Council adoption of the following 2015 International I-Codes: 1. 2015 International Residential Code 2. 2015 International Building Code 3. 2015 International Mechanical Code 4. 2015 International Plumbing Code 5. 2015 International Fuel Gas Code 6. 2015 International Energy Conservation Code I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Todd Carr, Building Services Manager Dubuque Building Services Department THE CITY OF 50 West 13th Street Dubuque,Iowa 52001-4805 DuB 11 Mx�1ceC ' Office(563)589-4150 I I I I Fax(563)690-6687 TTY(563)690-6678 building@cityofdubuque.org Masterpiece on the Mississippi www.c yo£dubuque.org 2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Todd Carr, Building Services Manager SUBJECT: Adoption of the 2015 International ]-Codes DATE: June 1st, 2016 Introduction: The purpose of this memorandum is to provide you with information and request adoption of the 2015 International I-Codes to replace our current 2012 International (- Codes. The following 2015 International I-Codes are proposed to be adopted. 1. 2015 International Residential Code 2. 2015 International Building Code 3. 2015 International Mechanical Code 4. 2015 International Plumbing Code 5. 2015 International Fuel Gas Code 6. 2015 International Energy Conservation Code Background: The City of Dubuque has traditionally adopted the new International (- Codes every three years. The International Code Council who composes the I-Codes every three years works with registered voting members from many different private and public sectors during the adoption process of the new I-Codes. As a group they review the Codes every three years, taking into consideration many different factors as they amend, delete, change, or alter existing code language along with composing new code language as needed. Discussion: The adoption of the 2015 International I-Codes allows our inspection staff to properly perform their duties throughout the plan review process, field inspections, and upon completion issuing the Certificate of Occupancy, making sure all structures are safe and meet minimum code requirements. The City of Dubuque will also benefit from the adoption of the new I-Codes through the ISO Building Code Effectiveness Grading Schedule, which provides communities with an overall score based on the effectiveness of adopted Building Codes. This score is then analyzed by insurance companies and others to help determine property insurance rates locally. Service People Integrity Responsibility Innovation Teamwork Conclusion: The adoption of the 2015 International I-Codes will replace our currently adopted 2012 International I-Codes. Action Step: I respectfully recommend the adoption of the new 2015 International (- Codes. I request that the ordinance is reviewed and forwarded to the City Council for consideration and approval. Please let me know if you have any questions. Cc: Crenna Brumwell Barry Lindahl Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 21-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, . SECTIONS 14-1A-1 INTERNATIONAL BUILDING CODE ADOPTED, 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS, 14-1A-3 PERMIT ISSUANCE PROHIBITED DURING CONSIDERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS, AND 14-1A-6 BUILDING CODE AND ADVISORY APPEALS BOARD BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL BUILDING CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-1 and enacting a new Section 14-1A-1 in lieu thereof as follows: 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the international building code, 2015 edition, and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque building code". A copy of the international building code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-2 and enacting the following additions, deletions, modifications, or amendments of the International Building Code, 2015 Edition, adopted in Section 14-1A-1 to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international building code, 2015 edition, adopted in section 14-1A-1 of this article to read as follows: Section 101.2 Scope. Amended to read: Sec. 101.2 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of buildings and structures, see 2015 International Existing Building Code (IEBC). For temporary buildings and structures, see section 3103 of the International Building Code. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Section 101.4.4 Property Maintenance. Amended to read: Sec. 101.4.4 Property Maintenance. The provisions of the International Property Maintenance Code, as adopted by the City of Dubuque in Title 14, Chapter 1, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures. Section 105.5 Expiration. Amended to read: Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the building official may grant permits for the project in phases. The building official is authorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one -hundred eighty (180) days; provided, that a fee is paid for each renewal as set by the city manager. All city of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on October 1, 2010. Section 113.1 through 113.3 replaced with City of Dubuque Code of Ordinances Section 14-1A-6. Section 114. Violations. Amended to read: Sec. 114 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in title 1 of the code of ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section 116. Unsafe Structures And Equipment. Amended to read: Sec 116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in title 14, chapter 3 of the code of ordinances. Section 202. Definitions. Amendment to "Building Official" and inclusion of "Code Official": BUILDING OFFICIAL. See "CODE OFFICIAL". CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "BUILDING OFFICIAL" in this code refers to "CODE OFFICIAL". Section 423. Storm Shelters. Deleted. Section 903.3.1.1.1 Exempt Locations. Amended to read: Sec. 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire -resistance -rated construction or contains electrical equipment. 1. A room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire -resistance rating of not less than 2 hours. 4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents. 5. Fire service access elevator machine rooms and machinery spaces. 6. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating "ELEVATOR MACHINERY -NO STORAGE ALLOWED". Section 3. Section 14-1A-3 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-3 and enacting a new Section 14-1A-3 in lieu thereof as follows: 14-1A-3: PERMIT ISSUANCE PROHIBITED DURING CONTEMPLATION OR CONSIDERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS: The building official of the city is hereby prohibited from issuing a building permit for real property for which action is contemplated or has been initiated for a change in the zoning classification of the property or a text amendment of the zoning or subdivision ordinances. The prohibition shall be from the date of the filing of the application with the planning services department until the date of final action of the city council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by the city council. The city council may, by one or more resolutions, waive this prohibition in whole or in part. Section 4. Section 14-1A-6 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-6 and enacting a new Section 14-1A-6 in lieu thereof as follows: 14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD: A. Board Created: There is hereby created the building code and advisory appeals board. B. Purpose: The purpose of the board is to determine the suitability of alternative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the international building code, to advise the city council on all building construction regulations and procedures, and to serve as an appeal body for the decisions of the building official. C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations. E. Membership: 1. The board comprises seven (7) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special qualifications: a. One member must be an architect or engineer registered in the state of Iowa. b. One member must be a commercial contractor. c. One member must be a journeyman carpenter. d. One member must be a residential contractor. e. One member must be a representative of the public at large. f. Two (2) representatives must have knowledge of Americans with disabilities act regulations to represent the interests of persons with disabilities. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary, who need not be a member of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The board must meet upon call of the chairperson, secretary, or city manager. 2. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in°conformance with the Iowa open meetings law. 4. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum: For meetings where the agenda does not include the review of any Americans with disabilities act issues, three (3) members of the board constitute a quorum for the transaction of business. For meetings where the agenda does include the review of any Americans with disabilities act issues, four (4) members of the board and at least one of the Americans with disabilities act representatives must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. L. Removal: The city council may remove any member for cause upon written charges and after a public hearing. M. Powers: The board has the following powers, duties, and responsibilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; or b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this code. On issues before the board involving the Americans with disabilities act the board may elect to seek input from Americans with disabilities act advocates in the community. If the board elects to seek input from Americans with disabilities act advocates in the community the board shall consult with a minimum of two (2) individuals. N. Limitations Of Authority: The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance, and safety. Section 5. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day une, 2 Attest: Ric W. Jones, Jflr Pro -Tem STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 24, 2016, and for which the charge is $180.82. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this �9 day of , 20 /a . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commlaslon Number 154885 My Comm, exp, FEB, 1, 2017 international building cy of existing premises fare by reason of inad- construction, to pro 1. Any person who is code, 2015 edition, and and structures. equate;" maintenance, ,vide for reasonable in aggrieved by a deci as published by the-ln Section 105.5 Expira- dilapidation, obsoles terpretation of thepro Sion of the'buiiding of- ternational'Code Coun tion. Amendedto read: ? cence Ffire"hazard dis visions .of the interna ficial on any require -a. til, Inc.; and.the,provi- " Sec. 105.5 Expiration.; aster, damageor=aban ,tional building code to ments 'resulting from' sions of such.. building Every permitissued donmeri't is, .,for the • advise the ;city council the enforcement of the code shall" be. control- shall become invalid purpose of this section, on all building icon building code';'may ap Jing in therconstructien unless the work on the ah unsafe use: Parapet struction+regulationsR peal from.,such deer of buildings and other' site: authorized byisuch walls; cornices, spires, andprocedures andto Sion; to the . building structures" and-in:all permit is completed 'towers,':tanks,statuary serve as- an appeal code' -board and, said matters -covered .-by ,within one..year after and other appendages body for the decisions board shall serve as an -such building code 'its' issuance; unless the;. or structural members ofthe building official ' appeal' board. In case within , the• ,corporate' building , is partof a which ! are supported C. Internal. Organiza the: aggrievedf party is' limits of -the' city and, project which,.' because. by, attached to;;, ora .tien.-.."And.:: ROleS:The a . member of said shall be known.as,the .,of its complexity ,or. partofa building and .board may adopt rules board said.'member ''Dubuque,„ building : proportions, :,will re- which"are in deterio and regulations to gov shall, be disqualified.as code". A' copy of thein- quire more ::time, in rated: conditionor oth , ern its ;organizational a member of the• board .ternational ' building . which instance " the; erwise ;,unable to suss' procedures asm.ay ibe -acting as an appeal, code, 2015 edition,,as building -official may taintne`design':loads ..necessary::. and which board, until the person adopted,: shall be on grant permits for the which are -specified inare not in. conflict with aggrieved:::has been file in the office of the project in phases. The: this code are hereby this code `or the Iowa heard and a- decision . city clerk, for public.in- building official is au designated as unsafe Code rendered :: spection. . ' tharized:',:to.".;grant in. building}appendages. D. Procedures For Op ;The appeal shall be- `Section'2.Section"14 writing andforjustifa All'such unsafe` build- eration: All administra Made:.by the person 1A-2 of the -City of Du ble cause, a renewal of ings„ structures'or ap- tive, personnel, ac- aggrieved giving writ buque, . Code of ,.Ord: a .,permit ~for; two (2)` pendages are h'ereby counting, budgetary, ten notice, of such •ap- trances is amended._by . suceessive',periods of declared to be :public and procurement poli- peal to the building of repealing•' Section .14, ninety (90) day, fora• nuisances and shall be. cies of�the city,govern ficial within,seven (7) 1A 2 and;enacting :the .period not,:to exceed; abated by repair, retia- the board m all its op•- days of receipt of deci- following additions„de one -hundred: ., eighty bititation demolition or erations. Sion from wuhich the letions,, modifications '(-180) days; •provided; removal in accordance E Membership i appeal' is'taken. The' ,or amendments of the that a fee .is paid for with the .procedures 1. The boardcompris- "building code-' board 'International ,"Building each. renewal as set by • , set forth in title :14, es seven'.(7):residents sitting as an appeal Code,=, 2015 .Edition, the manager ” chapter 3 of the code of the- city appointed board shall meet with- adopted"in Section;f14- AIL city of Dubuque ofordinances . bythecity,council in. ;ten (10)„ working 1A-1 to read asfollows residential building Section 202. Defini- 2 .Resid'ents must ;be days 'after : receiving 14-1A-2: 'INTER:NA :permits issued prior to tions ::Amendment. to eighteen '(18) years; of such noticeand render TIONAL.BUILDING-.CODE July 16, 2007 without Building Official.. and age or older a -decision within five. AMENDMENTS _ an expiration` date li,list: inclusion of Code Offi- 3 Special qualifica- (5).working days there-, The following; adds- ed shall expire on Oc° ciai ". tions ' after Any .interested tions, -deletions, modifi tober-1 2010:: BUILDING -OFFICIAL: a One member must party,including - the cations, or amentl Section 113.1 through; See' CODE OFFICIAL'.. _bean architect or engi building official, shall ments 'of'.`the interna ; `113:3- replaced,:with CODE OFFICIAL The neer registered in ;the have the right topres-: 'tional ;, :building ,-code, City of Dubuque Code officer or othe`r•.desig tateof l'owa. . ` ent their ,case' to the 2015edition adopted of.Ordinances Section: nated authoritycharg b Onemember must .-appeal board; whose: ;in, section 141A 1; of 14=1A ed with the administra be a commercial con : decision shall be final • this article to read as : Section 144 Viola= tion and enforcement tractor ;,., unless appealed to 'the. . follows i.. I tions Amended .to of this code ora duly ; + c One member must district court as provid: Section= 1012 Scope read , authorized represents s -be a journeyman ear e`d by law. - :'Amendedto read:,". Sec 114 Violations;;It tive."Any reference to' penter: The board of appeals Sec. 101.2Scope. The shall be' unlawful for • "BUILDING OFFICIAL", !, d One -member must , may •reverse or• modify` provisions of this :code any person, firm or in this code refers to be a, residential con a'decision of the build_ shall apply to the con- corporation to erect,' "CODE OFFICIAL' tractor, mg official , only on ' . struction, alteration, construct enlarge al- Section: 423.' Storm a One member must finding that: moving,` demolition -re- ter, repair move im; Shelters. Deleted. be a representative of a. The building official, pair,L..iinaintenatiCeand prove, remove convert . Section 903.3:11.1 Ex-- the public at large.:' had incorrectly, inter- use of any building or or °demolish , equip, • empt.Locations.,Amend F• f:, Two (2) representa- 'preted theprovision of structure within'this ju- use "occupy` or main- ed to read - tives must have know) . this code or ,- '. I OFFICIAL risdiction, except work , tain any building or . Sec 903.3.1.1:1 Ex- j' edge of Americans b: The decision of the PUBLICATION located``primartly `in a structure or; cause .or emptLocations. Auto ;with disabilities act building official creates, ORDINANCE TION 16 Public way public utih permit the `same Eo be uratic- sprinkler's shall :regulations to repre an unnecessaryhard; ty` towers and poles done n violation ofthis not be required in the-: `sent. the. interests of ship , upon the appel AMENDING CITY;OF mechanical, equipment code following `rooms or persons ,with 'disabili- :ant. DUBUQUE ` CODE 'OF not specifically regu The doing ;of any act, areas-'' where, Spar"'ties. ` The °board -.of appeals ' ORDINANCES ;TITLE lated in, this code, and or°the omission of any, rooms or areas are F. Oath: Each person, shall require; that suffi- 14 BUILDING /YND DE , hydraulic flood control act, declared to be un ; protected with'., an ap upon appointment or tient evidence or proof YELOPMENT,S4 CHAP structures - lawful by'this codeor, proved automatic fire 'reappointment to" the be."submitted to sub= TER 1. BUILDING CO- For additions, aitera- any code;or ordinance detection system in ac ;:board must execute anA stantiate any claims • DES, ARTICLE A,• tions, : :,moving ";;;and 'herein adopted by ref cordance with Section oath of, ;office at the made regarding the BUILDING CODE AND ! maintenance,. of build erence' ;shall 'be 9072 that will -respond, ;:first meeting of;;_the useofaltemates REGULATIONS, SEC -4: ings and •structures, deemed a'separate',of to ,visible or invisible board foilowm the ap ;Alt appeal hearings TIONS 14-1A-1 INTER- see 2015 International' fense-for each and ev particles of, combos- ; pointment or hreap' shall be conducted` in NAT.IONAC °BUILDING ; 'Existing;. Building ,'Code ery day 'or portion tion. Sprinklers shall ' pointmentior at;� the accordance with the CODE ADOPTED, 14- (IEBC). For temporary, thereof, during which: not be omitted from •a : city clerks; -office any; ; procedures specified in 3A -Z INTERNATIONAL buildings and .;strut any such ,unlawful :act room' merely because time prior to the first this code. - . BUILDING ✓ CODE ` tures, see section; 3103 i'sf committed contin- it is damp, of fire- meeting of the board: " ',',:;rOn issues before; the AMENDMENTS, 14- of ,.the - International ued ,or •permitted and resistance -rated con G Terms The_ter,'m of board - involving . the 1A -3t PERMIT SU `", Building Code. ;ucientOconviction shall struction-or contains -office for members'of Americanswith'disabil- ANCE gr=PROHIBITED I'. Where,in:anyspecific b'e punishable as'p,ro- electricalequipment. the board is'three (3)" itiesacttheboardmay DURING �;CONSIDERA , case,'„differentsections ,vided m title 1 of;-tlie 1. A room where the ' years or.'until • such elect. to seek input,. TION OF ZONING RE- of this code specify dif code of ordinances ,application• of water or member's successor is from `Americans with CLASSIFICATION OR, ferent`materials,meth Thepenaltyherem,pro- flame and water con .;appointed and. quali- disabilities ,act. advo- zONING'OR SUBDIYI-•" ods of construction ovided'shall be cumulastitutesa`serious lifeor ' fieri - cates in the communi other`• requirements,tive with'and naddi- fire hazard H VacanciesVacan tyIf the board elects SIGN TEXT AMEND - MENTS,'AND 144A-6, the-,most,.restrictive tion to the,revocation 2. ,A room or space Fcies must be filled in to,; seek :,.input from BUIL`DING.CODE AND shall govern. Where ca`ncellatioii +or forfei where s ren lesrrable ohie sa appointments tesract advocafesbin' AD,Y.RD B APPEALS ,> there- is,'ar,conflict be a tore of any license or considere 9 BOARD BY ;REPEAL {ween a general re" permit elsewhere' ',in because of thet nature , - I Officers/Organiza " th'e community, the IONS d dIo of the contentsawherer tion { The board.v`,must board shall consult • U sp requirement, e vio i 1 d' ;; fF I u: ,: F , chairperson and' vice (2) individuals ING SUCH;,SECT - quirement and i,a spe this code prove a o . AND ENACTING NEIN' th L lat on thereof approved byx theVsfirey choose .,yannuaily a =with a minimum of two n�..r. spec: is shall be applicable not required in every. 3. Generator and chairperson .`each to N.' Limitations' • Whereverin this code 'situation-andeitystaff, transformer' rooms:::serve a' term of, one, thonty ;The board of. reference is :made to may issue ,a municipal separated from there year. The chairperson appealsshall have no the appendix,. the pro- .'infraction without pre mainderofthebuilding must%appoint a•secre- authonty.relativeto in-.. visions in the appendix viously issuing a:notice by `-walls and floor/' tary who need,not be a terpretation; of the:ad shall not. apply; unless -ofviolation.,, k ceiling or woof/ceiling member: of the board m,imstrative provisions specifically adopted Section '116. Unsafe assemblies;.having a t: The board must fill a of this code nor shall Section, 101.4.42" Prop; ,;StructuresaaAndr. Equip fire :resistance rating ; uacancyvamong its off: the board be empow- Maintenance. (Ment Amended .to of 'not less, than 2 cera for the remainder eyed to waive require - Amended to read: read hours Sec 5014 4 Property :Sec 1164UnsafeStruc 4,Rooms or areastha Maintenance: The pro tures And:: Equipment are„of noncombustible; visions of the,vinterna All buildings or;struca, const�uctionr', with' tional Property Mainte tures regulated bythis. wholly, noncombustible nanceT:Coderasfadop,t5 code,v`�h1`c?.i,'ace struo,� con; en, M { w ed by the City ofuDubu .'turaily unsafe or,notrSFire service access queninTitle14„Chapter provided.p-with ade elevatormachrneitrooms 1, shall apply to exist- quate, egress, or which andMachinery spaces ing structures and premises; equipment and facilities; light, ventilation, spaceheat- ing, sanitation,.) ife, and fire safety..hazards,; re- sponsibilities of own- ers, operators, and oc cupants; and occupan- y LIE f requirement i A notice of vio ationis co e o itisOf Au - THEREOF ADOPTING THE . 2O15 ;INTERNA TIONAL: - BUILDING -- NOW, 'THEREFORE, ` BE IT ORDAINED BY THE CITY , +COUNCIL OF THE CIT't 0F.DU BUQUE, IOWA. Section 1,Section"14 2 1A-1 of the'City°sof Du- !Duque Code of Ordi nances is amended by repealing Section 14 1A-1 and„ enacting a new Section •:141-1A4 lieu thereof as follows , 141A=1: :INTERNA- TIONAL BUILDING CODE ADOPTED: Except as hereinafter added ao, ; ;deleted, modified or",amended, there is herebyadopt- ed`by reference as the' building code of the City that certain build- ing code known. as the of the ;officers tune C ments ofthis code. rjiodifying or re Meetings M versing such w,decision 1. Regular Meetings of the building official; The board must ikmeet rahe board:` of, appeals upon ca 0 e c air may -au orize—any':alt ' person,:: secretary or ternate to the decision' city manager of the building official . Special Meetings `and the provisions, pedal +meetings may pro i constitute?a fire haz- ard, or are otherwise dangerous' to human life are, .for•the purpose of: this, section,, unsafe: Any use of, buildings, or structures constituting a hazard` to safety, health or public wel. 1 6 :Automatic spank 'r S u ded it finds the lersshallrnot :be instal , be tatted by the :chair proposed material ., or led in elevator'machineperson.(or at the; writ method of construction rooms elevator ma ; ten request of amajori is satisfactory for the chine spaces and.ele-! ty ofth"e members use intended and coin' vator hoistways other:,, =:'Open Meetings Ali :"plies with the prove-, than pits :where such meetings must: be ,sions of this code, ; and. sprinklers.would..-„,.not.'„,; clled and h'etd•in con that the material necessitate shunt trip:; formance with the lo- —method, or work :of- requirements'y under, wa open meetings law feted is, for the pur- t d d at least lowediwithinthe eleva. ,bei of the."bd'ard has . scnbetl by<this code in for machine room ` been absent forthree suitability, strength, of Signage shall:: be pro (3) or more, corisecu fectiyeness durability vided at the ntry: etive meetings bf the fire, resistance, and doors ,to the+'elevator; board, withoutm:being safety machine^room+ indicat ,, excused by the chair- , Section 5 This Ordi mgyr ELEVATOR ,SMA, person; such absence-:nance takes effect •July CHINERY-NO STORAGE will be"grounds for the 1, 2016 - " ALLOWED x ' "° : board `to recommend Passed; approved, Section 3 Sectionxl4 to theheity$council that ij and adopted the 6th lA 3 of the City of Dur the 4 position , be de+, day of June 2016 bu,'que Code of Ordt clared'yacant and a re ` /s/Ric W. Jones, Mayor nances is ;amended by placement appointed Pro -Tem repeating s Section 14 b `Attendance „rriust Attest:/s/KevinS 1A 3 `ands enacting a; be entersed :upon the Firnstabl, CityClerk new Section;;14,1A 3 inf minutes of ail 'meet ,Published officially in lieu thereof as follows ings - the Telegraph Herald -14=1A 3: PERMIT ISSU'` 5 Minutes A,.copy of ,newspaper on the,' 24th ANCE PROHIBITED:: themiriutes ofail regu day oflune 2016 any; r circumstances 4. Attendance i; pose m en e , Storage shall' not be al• a: In the event a mem- equivalent' to that pre7. there is hereby adopt = hazards;1-9- Any use of buildings or vator hoistways Other Open Meetings All -2•• plies'," with • the provi ed bY'reference as the sponsibilities of own- structures constituting , wheresuch, meetings • .must •,• • be • .sions of.this code, • and Wilding code of the ers, operators, and oc- a hazard to . safety;' sprinklers spHnkIejs would not- Called and heldiri con- that the material?, • city that certain build- cupants; and occupan- health or public wel- necessitate .ChieitYtripr.'...:fetmance with the -le- inethed, or work of• ing code known as the reqUiterhents. • Under.. --we open meetings law. fered is, for the pur- any circurTistaflces 4 Attendance po.Sreintended, at least Storage,:.Chelf .Ye? In the event a mem- equivalent to that pre-. leiiiied1Withiri.thdeleVa--- ber of the—beard...has • scribedby this code in tor machine room been absent for three,. suitability; strength, ef= Slanagel'-•eh4II_•:•be-..yato;•••:;,;(3) or- consecu4 fectiVenees,. durability; vided at .•_•."enttY -"" tive meetings bf the • fire re§istance, and dOorSlo;:thb.:elovator beard, without being safety Ma:Chine:reel-01indicat,. excused by the chair- Section- 5. This Ordi- ing ELEVATOR MA ' ,,,bersori,, such • absence nance takes effect July CHINERY-Nd STORAGE for the: 1, 2016. ' Passed approved Section l..'"Seetiori34,--,,jets:theTeitY.,-'600011144'::_,ffriti-.7-.ddePteci-• the ,,•.6th • 1A 3 of the"CitY•ofi:Ou4' 'the position lie:" • de ,ii,"" daY'nflurie2016', buque Code of Ordi cared,Yeaeritandk re NRIcsW4)onesv Mayor nances is r amended OS, placernentappointed,':-,-,Pro-Tem renea(irid:',";Sectiori 1A 3and ,t.enacting eW Section 14 1A 3 in minutes of•;a1 I•-',..freet:.'..:4-P111-AiShed.'efficially_ In lieu NCE PROHIBtTED 'the iiinutsqfalt feu • day ofJUrfe,--2O16.-_ ' 'DURING CONTEMPLA- lar and special meet-. /s/Kevin S. Fitnstaht, TION. OR .CQNSID5RA:, .ir,inge'.6-f-the•beard must City Clerk • TION OF ZONING be filecrith 'the city .1f6/24 CLASSIFICATION council within ten _ • • ZONING OR _ -•:-.4(11310.1- working days after SION TEXT AMEND- • each meeting,: or by. MENTS the next-";fregularl1v, The bqltding official of t 6110;00c1Ptit(popnOil: the city is hereby pro meeting whichever is hibited,.frOrn;.ISSubidial,,,lateri..6,,,,-;,,41-ys5y,l,--,-,W,"•,,,,,-:, rrOgoty,40115..\,,oloti,0441in-d*RiligrOjhe,/gendi:: tiOni.is",tentetriblated-P1Mcidesr ifetrintILIdd•)"the", haf.beenlnitiatedt-fteat6fdS.40".ef.aW',-Alieti..'t;': ehan66.•:;;;Iff:the4icinirid;f-OAriAvithdisabilitieS.,•4 classification of the act issues, three (3)" propertyor a text members of the board aMendrnentef. the zon- constitute a quorum: ing or Subdivision•ordi- for the .transaction of nances. The prehibitiop— bi.isif*ss. For meetings shall be 'frertAthe.date. i':liVhete.the_agenda doeS,-.? Of the filing of the".ap- include the review of •,• plication with the plan; any kAmericans ning Servidek'',:depart4'",,'disabilities ac issues ment until the, date of four (4) 'rneenthektf.•_ final action of the city , the board arid•-atjeaet council upon 'ode...Of the Altetieens" ing reclaseifidation- or with - ""`disabilities • 'act text amendment?. .in- representatives must eluding ,pdblitatioraS bdoirty.attendance to proVicledbY' laW' Where -1 constitute a quorum -' the reclassification ,or for the • transaction of amendment is adopted business. An • affirrna- • by.the'CIty;COuntil.Jhe tix/Aiv4tc-tovArbajOrity city( councit may by Of,(.0*00ib0r$'','prP§: one or, more : resolw , - ent.anctIieting is hec- tions, waive this pro- '-'-'essarY:for-the-adopfian hibition in whole or in of any motion or reso- part. • • - 1ptiom SectionSection 'Compensation: - 1A-6' of:tlie•,CitY- serve Nvith7 :".bucfue--.;',CodeQrd-.:.'bUr-icinipensati On,' pro, _ nances -arMetidOth'by they may repealing Section ".14- 6ebia•••;:reitribUrsernent 1A-6 and •enactin6 :A for: neceSsarif travet new Section ,144A;6:irt....and ''-',:other",-. expenses lieu thereof aCfollpiRS:• _Whijeibri, official board BUILDING business within the COPE AND AOVISORy-, -,.limits • established in APPEALS BOARD. ;;.--:, Oa, citY; administrative • A.,•;Boarif••,Greeted: policies andbudget. There is hereby treat- L. Removal: The citii•- ed-.1he buitdingcod touricifxrnay..,remeye,i and advisory appdale> any member for cause board. • ., .; uppnWritteti:,.chatges 0. Purpose: The pur- and after a pnblic.hear="' pose ofthe boartfie to. - ing. , deterrninethe M. Rov'vers: The teatd ty of alternethie ing, •Ir.l.materials-'ei•-•; and ers dPties. Aridlrestiori, Mettiddil.'"Ot- ••, , 14 Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website Contact Us Name: Phone: Email: brian.rogers@iapmo.org City Department: City Council Message: Action Item #7 Code of Ordinances Amendment-Title 14 International Fuel Gas Code Effective December 31, 2016 Per Iowa Law Chapter 105 section 105.4 and State Mechanical Code Chapter 61 section 61.2(2) deletes the International Fuel Gas Code and inserts in lieu thereof "NFPA 54, NFPA 58 and the state plumbing code..This requires Dubuque to adopt "NFPA 54, NFPA 58 and the state plumbing for fuel gas code adoption in lieu of the International Fuel Gas Code Action Item #9 Code of Ordinances Amendment-Title 14 International Plumbing Code Effective December 31, 2016 Per Iowa Law Chapter 105 section 105.4 Dubuque will be required to adopt the State Plumbing Code which is the 2015 Uniform Plumbing Code in lieu of the International Plumbing Code. Action Item #10 Code of Ordinances Amendment-Title 14 International Residential Code. Effective December 31, 2016 per Iowa Law Chapter 105 section 105.4 any reference to plumbing or fuel gas requirements within the International Residential code will need to be deleted and reference made to the State of Iowa adopted plumbing code (2015 UPC) and state adopted fuel gas code (NFPA 54, 58 or chapter 12 of the state plumbing code) Click here to report this email as spam. From:"Citizen Support Center" <dubuqueia@mycusthelp.net> To:<kfirnsta@cityofdubuque.org> Date:06/06/2016 12:30 PM Subject:"Contact Us" inquiry from City of Dubuque website Attachments:3b156b24-a409-491e-82ca-a89573002e9d.pdf; 7e96dfb4-3b8a-4ad9-a695- 2bef1cfdf9b7.pdf; 803a7087-c657-45ea-adf6-6acbd801ec96.pdf Page 1 of 1 06/06/2016file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/57556CC9DBQ_DODBQ_PO... 1 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.2 CHAPTER 105 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS Referred to in §91C.1,§100D.11,§272C.1 For provisions relating to the development of a combined process for contractor licensing under this chapter and contractor registration under chapter 91C,to be implemented in time for license renewals due July 1,2017,see §91C.1(3) 105.1 Title. 105.2 Definitions. 105.3 Plumbing and mechanical systems board. 105.4 Plumbing installation code — rules. 105.5 Examinations. 105.6 through 105.8 Repealed by 2009 Acts,ch 151,§32. 105.9 Fees. 105.10 License or certification required. 105.11 Chapter inapplicability. 105.12 Form of license. 105.13 License presumptive evidence. 105.14 Display of contractor license. 105.15 Registry of licenses. 105.16 Change of residence. 105.17 Preemption of local licensing requirements. 105.18 Qualifications and types of licenses issued. 105.19 Insurance and surety bond requirements. 105.20 Renewal and reinstatement of licenses —fees and penalties —continuing education. 105.21 Reciprocal licenses. 105.22 Grounds for denial,revocation, or suspension of license. 105.23 Jurisdiction of revocation and suspension proceedings. 105.24 Notice and default. 105.25 Advertising —violations — penalties. 105.26 Injunction. 105.27 Civil penalty. 105.28 Enforcement. 105.29 Report of violators. 105.30 Attorney general. 105.31 License renewal and reissuance —transition provisions. 105.32 Voluntary early renewal of license. 105.1 Title. This chapter may be known and cited as the “Iowa Plumber,Mechanical Professional,and Contractor Licensing Act”. 2007 Acts,ch 198,§1,35;2008 Acts,ch 1089,§10,11;2009 Acts,ch 151,§1 105.2 Definitions. As used in this chapter,unless the context otherwise requires: 1.“Apprentice”means any person,other than a helper,journeyperson,or master,who,as a principal occupation,is engaged in working as an employee of a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic systems contractor under the supervision of either a master or a journeyperson and is progressing toward completion of an apprenticeship training program registered by the office of apprenticeship of the United States department of labor while learning and assisting in the design,installation,and repair of plumbing,HVAC, refrigeration,sheet metal,or hydronic systems,as applicable. 2.“Board”means the plumbing and mechanical systems board as established pursuant to section 105.3. 3.“Contractor”means a person or entity that provides plumbing,mechanical,HVAC, refrigeration,sheet metal,or hydronic systems services on a contractual basis and who is paid a predetermined amount under that contract for rendering those services. 4.“Department”means the Iowa department of public health. 5.“Governmental subdivision”means any city,county,or combination thereof. 6.“Helper”means a person engaged in general manual labor activities who provides assistance to an apprentice,journeyperson,or master while under the supervision of a journeyperson or master. 7.“HVAC”means heating,ventilation,air conditioning,ducted systems,or any type of refrigeration used for food processing or preservation.“HVAC”includes all natural,propane, liquid propane,or other gas lines associated with any component of an HVAC system. 8.“Hydronic”means a heating or cooling system that transfers heating or cooling by circulating fluid through a closed system,including boilers,pressure vessels,refrigeration Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.2,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 2 equipment in connection with chilled water systems,all steam piping,hot or chilled water piping together with all control devices and accessories,installed as part of,or in connection with,any heating or cooling system or appliance whose primary purpose is to provide comfort using a liquid,water,or steam as the heating or cooling media.“Hydronic”includes all low-pressure and high-pressure systems and all natural,propane,liquid propane,or other gas lines associated with any component of a hydronic system.For purposes of this definition,“primary purpose is to provide comfort”means a system or appliance in which at least fifty-one percent of the capacity generated by its operation,on an annual average,is dedicated to comfort heating or cooling. 9.“Journeyperson”means any person,other than a master,who,as a principal occupation, is engaged as an employee of,or otherwise working under the direction of,a master in the design,installation,and repair of plumbing,mechanical,HVAC,refrigeration,sheet metal, or hydronic systems,as applicable. 10.“Master”means any person who works in the planning or superintending of the design,installation,or repair of plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic systems and is otherwise lawfully qualified to conduct the business of plumbing, mechanical,HVAC,refrigeration,sheet metal,or hydronic systems,and who is familiar with the laws and rules governing the same. 11.“Mechanical professional”means a person engaged in the HVAC,refrigeration,sheet metal,or hydronic industry. 12.“Mechanical systems”means HVAC,refrigeration,sheet metal,and hydronic systems. 13.“Medical gas piping”means a permanent fixed piping system in a health care facility which is used to convey oxygen,nitrous oxide,nitrogen,carbon dioxide,helium,medical air, and mixtures of these gases from its source to the point of use and includes the fixed piping associated with a medical,surgical,or gas scavenging vacuum system,as well as a bedside suction system. 14.“Medical gas system installer”means any person who installs or repairs medical gas piping,components,and vacuum systems,including brazers,who has been issued a valid certification from the national inspection testing certification (NITC)corporation,or an equivalent authority approved by the board. 15.“Plumbing”means all potable water building supply and distribution pipes,all plumbing fixtures and traps,all drainage and vent pipes,and all building drains and building sewers,storm sewers,and storm drains,including their respective joints and connections, devices,receptors,and appurtenances within the property lines of the premises,and including the connection to sanitary sewer,storm sewer,and domestic water mains. “Plumbing”includes potable water piping,potable water treating or using equipment, medical gas piping systems,fuel gas piping,water heaters and vents,including all natural, propane,liquid propane,or other gas lines associated with any component of a plumbing system. 16.“Refrigeration”means any system of refrigeration regardless of the level of power, if such refrigeration is intended to be used for the purpose of food processing and product preservation and is also intended to be used for comfort systems.“Refrigeration”includes all natural,propane,liquid propane,or other gas lines associated with any component of refrigeration. 17.“Routine maintenance”means the maintenance,repair,or replacement of existing fixtures or parts of plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic systems in which no changes in original design are made.Fixtures or parts do not include smoke and fire dampers,or water,gas,or steam piping permanent repairs except for traps or strainers.“Routine maintenance”shall include emergency repairs,and the board shall define the term “emergency repairs”to include the repair of water pipes to prevent imminent damage to property.“Routine maintenance”does not include the replacement of furnaces, boilers,cooling appliances,or water heaters more than one hundred gallons in size. 18.“Sheet metal”means heating,ventilation,air conditioning,pollution control,fume hood systems and related ducted systems or installation of equipment associated with any component of a sheet metal system.“Sheet metal”excludes refrigeration and electrical lines Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 3 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.3 and all natural gas,propane,liquid propane,or other gas lines associated with any component of a sheet metal system. 2007 Acts,ch 198,§2;2008 Acts,ch 1032,§102,202;2008 Acts,ch 1089,§10,11;2009 Acts, ch 151,§2,3;2011 Acts,ch 100,§1,2,15;2012 Acts,ch 1023,§22;2012 Acts,ch 1026,§1,2; 2012 Acts,ch 1138,§47,78,79;2013 Acts,ch 77,§2,3,36 105.3 Plumbing and mechanical systems board. 1.A plumbing and mechanical systems board is created within the Iowa department of public health. 2.a.The board shall be comprised of eleven members,appointed by the governor,as follows: (1)The director of public health or the director ’s designee. (2)The commissioner of public safety or the commissioner ’s designee. (3)One plumbing inspector. (4)One mechanical inspector. (5)A contractor who primarily works in rural areas. (6)An individual licensed as a journeyperson plumber pursuant to the provisions of this chapter or,for the initial membership of the board,an individual eligible for such licensure. (7)An individual working as a plumbing contractor and licensed as a master plumber pursuant to the provisions of this chapter or,for the initial membership of the board,an individual eligible for such licensure. (8)Two individuals licensed as journeyperson mechanical professionals pursuant to the provisions of this chapter or,for the initial membership of the board,two individuals eligible for such licensure. (9)Two individuals licensed as master mechanical professionals pursuant to the provisions of this chapter or,for the initial membership of the board,two individuals eligible for such licensure.One of these individuals shall be a mechanical systems contractor. b.The board members enumerated in paragraph a,subparagraphs (3)through (9),are subject to confirmation by the senate. c.The terms of the two plumber representatives on the board shall not expire on the same date,and one of the two plumber representatives on the board shall at all times while serving on the board be affiliated with a labor union while the other shall at all times while serving on the board not be affiliated with a labor union. d.The terms of the mechanical professional representatives on the board shall not expire on the same date,and at least one of the mechanical professional representatives on the board shall at all times while serving on the board be affiliated with a labor union while at least one of the other mechanical professional representatives shall at all times while serving on the board not be affiliated with a labor union. 3.Members shall serve three-year terms except for the terms of the initial members,which shall be staggered so that three members’terms expire each calendar year.A member of the board shall serve no more than three full terms.A vacancy in the membership of the board shall be filled by appointment by the governor subject to senate confirmation. 4.If a person who has been appointed to serve on the board has ever been disciplined by the board,all board complaints and statements of charges,settlement agreements,findings of fact,and orders pertaining to the disciplinary action shall be made available to the senate committee to which the appointment is referred at the committee’s request before the full senate votes on the person’s appointment. 5.The board shall organize annually and shall select a chairperson and a secretary from its membership.A quorum shall consist of a majority of the members of the board. 6.Members of the board shall receive actual expenses for their duties as a member of the board.Each member of the board may also be eligible to receive compensation as provided in section 7E.6. 7.The board may maintain a membership in any national organization of state boards Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.3,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 4 for the professions of plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic professionals,with all membership fees to be paid from funds appropriated to the board. 2007 Acts,ch 198,§3;2008 Acts,ch 1089,§10,11;2009 Acts,ch 151,§4,5;2013 Acts,ch 77,§4,36 Referred to in §105.2 Confirmation,see §2.32 105.4 Plumbing installation code —rules. 1.a.The board shall establish by rule a plumbing installation code governing the installation of plumbing in this state.Consistent with fire safety rules and standards promulgated by the state fire marshal,the board shall adopt the most current version of the uniform plumbing code and the international mechanical code,as the state plumbing code and the state mechanical code,to govern the installation of plumbing and mechanical systems in this state.The board shall adopt the current version of each code within six months of its being released.The board may adopt amendments to each code by rule.The board shall work in consultation with the state fire marshal to ensure that proposed amendments do not conflict with the fire safety rules and standards promulgated by the state fire marshal.The state plumbing code and the state mechanical code shall be applicable to all buildings and structures owned by the state or an agency of the state and in each local jurisdiction. b.Except as provided in paragraph “c”,a local jurisdiction is not required to adopt by ordinance the state plumbing code or the state mechanical code.However,a local jurisdiction that adopts by ordinance the state plumbing code or the state mechanical code may adopt standards that are more restrictive.A local jurisdiction that adopts standards that are more restrictive than the state plumbing code or the state mechanical code shall promptly provide copies of those standards to the board.The board shall maintain on its internet site the text of all local jurisdiction standards that differ from the applicable statewide code.Local jurisdictions shall not be required to conduct inspections or take any other enforcement action under the state plumbing code and state mechanical code regardless of whether the local jurisdiction has adopted by ordinance the state plumbing code or the state mechanical code. c.A local jurisdiction with a population of more than fifteen thousand that has not adopted by ordinance the state plumbing code and state mechanical code shall have until December 31,2016,to do so.Cities that have adopted a plumbing code or mechanical code as of April 26,2013,shall have until December 31,2016,to adopt the state plumbing code or the state mechanical code in lieu thereof. 2.The board shall adopt all rules necessary to carry out the licensing and other provisions of this chapter. 2007 Acts,ch 198,§4;2008 Acts,ch 1089,§10,11;2009 Acts,ch 151,§6;2013 Acts,ch 77, §5,36 105.5 Examinations. 1.Any person desiring to take an examination for a license issued pursuant to this chapter shall make application to the board in accordance with the rules of the board.The application form shall be no longer than two pages in length,plus one security page.The board may require that a recent photograph of the applicant be attached to the application. 2.Applicants who fail to pass an examination shall be allowed to retake the examination at a future scheduled time. 3.The board shall adopt rules relating to all of the following: a.The qualifications required for applicants seeking to take examinations,which qualifications shall include a requirement that an applicant who is a contractor shall be required to provide the contractor ’s state contractor registration number. b.The denial of applicants seeking to take examinations. 4.The board shall adopt an industry standardized examination for each license type.If a standardized examination is not available for a specified license type,the board shall work with the appropriate testing vendor to create an examination for the specified license type. 2007 Acts,ch 198,§5;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§7;2011 Acts,ch 100, §3,15;2013 Acts,ch 77,§6,36 Contractor registration,see chapter 91C Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 5 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.10 105.6 through 105.8 Repealed by 2009 Acts,ch 151,§32. 105.9 Fees. 1.The board shall set the fees for the examination of all applicants,by rule,which fees shall be based upon the cost of administering the examinations. 2.The board shall set the license fees and renewal fees for all licenses issued pursuant to this chapter,by rule. 3.All fees collected under this chapter shall be retained by the board.The moneys retained by the board shall be used for any of the board’s duties under this chapter,including but not limited to the addition of full-time equivalent positions for program services and investigations.Revenues retained by the board pursuant to this section shall be considered repayment receipts as defined in section 8.2.Notwithstanding section 8.33,moneys retained by the board pursuant to this section are not subject to reversion to the general fund of the state. 4.Nothing in this chapter shall be interpreted to prohibit the state or any of its governmental subdivisions from charging construction permit fees or inspection fees related to work performed by plumbers and mechanical professionals. 5.a.The board shall submit a report to the general assembly within sixty days following the end of each fiscal year.The reports shall include a balance sheet projection extending no less than three years.If the revenue projection exceeds expense projections by more than ten percent,the board shall adjust their fee schedules accordingly,so that projected revenues are no more than ten percent higher than projected expenses.The revised fees shall be implemented no later than January 1,2013,and January 1 of each subsequent year. b.A license fee for a combined license shall be the sum total of each of the separate license fees reduced by thirty percent. 6.The board may charge a fee for an application required by this chapter and submitted on paper if an internet application process is available. 7.a.Licenses issued under this chapter on or after July 1,2014,shall expire on the same renewal date every three years,beginning with June 30,2017. b.New licenses issued after the July 1 beginning of each three-year renewal cycle shall be prorated using a one-sixth deduction for each six-month period of the renewal cycle. 2007 Acts,ch 198,§9;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§8;2011 Acts,ch 100, §4 –6,15;2013 Acts,ch 77,§7,8,36 Transfer of portion of contractor license fees to labor services division of department of workforce development and creation of combined contractor license and registration process,see §91C.1(3) 105.10 License or certification required. 1.Except as provided in section 105.11,a person shall not operate as a contractor or install or repair plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic systems without obtaining a license issued by the board,or install or repair medical gas piping systems without obtaining a valid certification approved by the board. 2.Except as provided in section 105.11,a person shall not engage in the business of designing,installing,or repairing plumbing,mechanical,HVAC,refrigeration,sheet metal, or hydronic systems unless at all times a licensed master,who shall be responsible for the proper designing,installing,and repairing of the plumbing,HVAC,refrigeration,sheet metal, or hydronic system,is employed by the person and is actively in charge of the plumbing, mechanical,HVAC,refrigeration,sheet metal,or hydronic work of the person.An individual who performs such work pursuant to a business operated as a sole proprietorship shall be a licensed master in the applicable discipline. 3.An individual holding a master mechanical license shall not be required to get an HVAC-refrigeration,sheet metal,or hydronic license in order to design,install,or repair the work defined in this chapter as mechanical,HVAC-refrigeration,sheet metal,or hydronic work.An individual holding a journeyperson mechanical license shall not be required to get an HVAC-refrigeration,sheet metal,or hydronic license in order to install and repair the work defined in this chapter as mechanical,HVAC-refrigeration,sheet metal,or hydronic work.An individual holding a master or journeyperson mechanical license shall also not Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.10,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 6 be required to obtain a special,restricted license that is designated as a sublicense of the mechanical,HVAC-refrigeration,sheet metal,or hydronic licenses. 4.The board shall adopt rules to allow a grace period for a contractor to operate a business described in subsection 2 without employing a licensed master. 2007 Acts,ch 198,§10;2008 Acts,ch 1032,§103,202;2008 Acts,ch 1089,§10,12;2009 Acts, ch 151,§9,10;2013 Acts,ch 77,§9 –11,36;2013 Acts,ch 140,§56;2014 Acts,ch 1092,§26 105.11 Chapter inapplicability. The provisions of this chapter shall not be construed to do any of the following: 1.Apply to a person licensed as an engineer pursuant to chapter 542B,licensed as a manufactured home retailer or certified as a manufactured home installer pursuant to chapter 103A,registered as an architect pursuant to chapter 544A,or licensed as a landscape architect pursuant to chapter 544B who provides consultations or develops plans or other work concerning plumbing,HVAC,refrigeration,sheet metal,or hydronic work and who is exclusively engaged in the practice of the person’s profession. 2.Require employees of municipal utilities,electric membership or cooperative associations,public utility corporations,rural water associations or districts,railroads,or commercial retail or industrial companies performing manufacturing,installation,service, or repair work for such employer to hold licenses while acting within the scope of their employment.This licensing exemption does not apply to employees of a rate-regulated gas or electric public utility which provides plumbing or mechanical services as part of a systematic marketing effort,as defined pursuant to section 476.80. 3.Prohibit an owner of property from performing work on the owner ’s principal residence,if such residence is an existing dwelling rather than new construction and is not larger than a single-family dwelling,or farm property,excluding commercial or industrial installations or installations in public use buildings or facilities,or require such owner to be licensed under this chapter.In order to qualify for inapplicability pursuant to this subsection,a residence shall qualify for the homestead tax exemption. 4.Require that any person be a member of a labor union in order to be licensed. 5.Apply to a person who is qualified pursuant to administrative rules relating to the storage and handling of liquefied petroleum gases while engaged in installing,servicing, testing,replacing,or maintaining propane gas utilization equipment,or gas piping systems of which the equipment is a part,and related or connected accessory systems or equipment necessary to the operation of the equipment. 6.Apply to a person who meets the requirements for a certified well contractor pursuant to section 455B.190A while engaged in installing,servicing,testing,replacing,or maintaining a water system,water well,well pump,or well equipment,or piping systems of which the equipment is a part,and related or connected accessory systems or equipment necessary to the operation of the water well. 7.Require a helper engaged in general manual labor activities while providing assistance to an apprentice,journeyperson,or master to obtain a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic license.Experience as a helper shall not be considered as practical experience for a journeyperson license. 8.Apply to a person who is performing work subject to chapter 100C. 9.Apply to an employee of any unit of state or local government,including but not limited to cities,counties,or school corporations,performing work on a mechanical system or plumbing system,which serves a government-owned or government-leased facility while acting within the scope of the government employee’s employment. 10.Apply to the employees of manufacturers,manufacturer representatives,or wholesale suppliers who provide consultation or develop plans concerning plumbing,HVAC, refrigeration,sheet metal,or hydronic work,or who assist a person licensed under this chapter in the installation of mechanical or plumbing systems. 11.Prohibit an owner or operator of a health care facility licensed pursuant to chapter 135C,assisted living center licensed pursuant to chapter 231C,hospital licensed pursuant to chapter 135B,adult day care center licensed pursuant to chapter 231D,or a retirement facility certified pursuant to chapter 523D from performing work on the facility or requiring Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 7 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.17 such owner or operator to be licensed under this chapter;except for projects that exceed the dollar amount specified as the competitive bid threshold in section 26.3. 12.Apply to a person who performs the laying of pipe that originates or connects to pipe in the public right-of-way or property that is intended to become public right-of-way,even if such pipe extends under the property and up to the building.However,the person shall not make any interior pipe connections within a building under this exemption.This exemption does not restrict local jurisdictions from requiring licensure under this chapter if required by local ordinance,resolution,or by bidding specification. 13.Prohibit a rental property owner or employee of such an owner from performing routine maintenance on the rental property. 14.Apply to a person who is performing work on a volunteer,non-paid basis or assisting a property owner performing non-paid work on the owner ’s principal residence. 2007 Acts,ch 198,§11;2008 Acts,ch 1032,§104,202;2008 Acts,ch 1089,§4,5,10,12;2009 Acts,ch 151,§11 –13;2011 Acts,ch 100,§7,15;2013 Acts,ch 77,§12,36 Referred to in §105.10 105.12 Form of license. 1.A contracting,plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic license shall be in the form of a certificate under the seal of the department,signed by the director of public health,and shall be issued in the name of the board.The license number shall be noted on the face of the license. 2.In addition to the certificate,the board shall provide each licensee with a wallet-sized licensing identification card. 2007 Acts,ch 198,§12;2008 Acts,ch 1089,§6,10,12;2009 Acts,ch 151,§14;2013 Acts,ch 77,§13,36 105.13 License presumptive evidence. A license issued under this chapter shall be presumptive evidence of the right of the holder to practice in this state the profession specified. 2007 Acts,ch 198,§13;2008 Acts,ch 1089,§10,12 105.14 Display of contractor license. A person holding a contractor license under this chapter shall keep the current license certificate publicly displayed in the primary place in which the person practices. 2007 Acts,ch 198,§14;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§15 105.15 Registry of licenses. The name,location,license number,and date of issuance of the license of each person to whom a license has been issued shall be entered in a registry kept in the office of the department to be known as the plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic registry.The registry may be electronic and shall be open to public inspection. However,the licensee’s home address,home telephone number,and other personal information as determined by rule shall be confidential. 2007 Acts,ch 198,§15;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§16;2013 Acts,ch 77,§14,36 105.16 Change of residence. If a person licensed to practice as a contractor or a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic professional under this chapter changes the person’s residence or place of practice,the person shall so notify the board. 2007 Acts,ch 198,§16;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§17;2013 Acts,ch 77,§15,36 105.17 Preemption of local licensing requirements. 1.The provisions of this chapter regarding the licensing of plumbing,mechanical, HVAC-refrigeration,sheet metal,and hydronic professionals and contractors shall supersede Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.17,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 8 and preempt all plumbing,mechanical,HVAC-refrigeration,sheet metal,hydronic,and contracting licensing provisions of all governmental subdivisions. a.On July 1,2009,all plumbing and mechanical licensing provisions promulgated by any governmental subdivision shall be null and void,except reciprocal licenses as provided in section 105.21,and of no further force and effect. b.On and after July 1,2008,a governmental subdivision shall not prohibit a contractor or a plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic professional licensed pursuant to this chapter from performing services for which that person is licensed pursuant to this chapter or enforce any plumbing and mechanical licensing provisions promulgated by the governmental subdivision against a person licensed pursuant to this chapter. 2.Nothing in this chapter shall prohibit a governmental subdivision from assessing and collecting permit fees or inspection fees related to work performed by plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic professionals. 2007 Acts,ch 198,§17;2008 Acts,ch 1089,§7,10,12;2009 Acts,ch 151,§18;2013 Acts,ch 77,§16,36 105.18 Qualifications and types of licenses issued. 1.General qualifications.The board shall adopt,by rule,general qualifications for licensure.The board may consider the past felony record of an applicant only if the felony conviction relates to the practice of the profession for which the applicant requests to be licensed.References may be required as part of the licensing process. 2.Plumbing,mechanical,HVAC-refrigeration,sheet metal,and hydronic licenses and contractor licenses.The board shall issue master licenses for plumbing,mechanical, HVAC-refrigeration,and hydronic professionals.The board shall issue journeyperson licenses for plumbing,mechanical,HVAC-refrigeration,sheet metal,and hydronic professionals.A plumbing license shall allow an individual to perform work defined as plumbing.A mechanical license shall allow an individual to perform work defined as HVAC, refrigeration,sheet metal,and hydronic.An HVAC-refrigeration license shall allow an individual to perform work defined as HVAC and refrigeration.A hydronic license shall allow an individual to perform work defined as hydronic.A sheet metal license shall allow an individual to perform work defined as sheet metal.The board shall issue the separate licenses as follows: a.Apprentice license.In order to be licensed by the board as an apprentice,a person shall do all of the following: (1)File an application,which application shall establish that the person meets the minimum requirements adopted by the board. (2)Certify that the person will work under the supervision of a licensed journeyperson or master in the applicable discipline. (3)Be enrolled in an applicable apprentice program which is registered with the United States department of labor office of apprenticeship. b.Journeyperson license. (1)In order to be licensed by the board as a journeyperson in the applicable discipline,a person shall do all of the following: (a)File an application and pay application fees as established by the board,which application shall establish that the person meets the minimum educational and experience requirements adopted by the board. (b)Pass the state journeyperson licensing examination in the applicable discipline. (c)Provide the board with evidence of having completed at least four years of practical experience as an apprentice.Commencing January 1,2010,the four years of practical experience required by this subparagraph division must be an apprenticeship training program registered by the United States department of labor office of apprenticeship. (2)A person may simultaneously hold an active journeyperson license and an inactive master license. (3)An individual who has passed both the journeyperson HVAC-refrigeration examination and the journeyperson hydronic examination separately shall be qualified to Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 9 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.18 be issued a journeyperson mechanical license without having to pass the journeyperson mechanical examination. c.Master license. (1)In order to be licensed by the board as a master,a person shall do all of the following: (a)File an application and pay application fees as established by the board,which application shall establish that the person meets the minimum educational and experience requirements adopted by the board. (b)Pass the state master licensing examination for the applicable discipline. (c)Provide evidence to the board that the person has previously been a licensed journeyperson or master in the applicable discipline. (2)An individual who has passed both the master HVAC-refrigeration examination and the master hydronic examination separately shall be qualified to be issued a master mechanical license without having to pass the master mechanical examination. d.Contractor license.In order to be licensed by the board as a contractor,a person shall do all of the following: (1)File an application and pay application fees as established by the board and establish that the person meets the minimum requirements adopted by the board.Through June 30, 2017,the application shall include the person’s state contractor registration number.After July 1,2017,the application shall include proof of workers compensation insurance coverage, proof of unemployment insurance compliance,and,for out-of-state contractors,a bond as described in chapter 91C. (2)Maintain a permanent place of business. (3)Hold a master license or employ at least one person holding a master license under this chapter. 3.Combined licenses,restricted licenses. a.The board may issue single or combined licenses to persons who qualify as a contractor, master,journeyperson,or apprentice under any of the disciplines. b.Special,restricted license.The board may by rule provide for the issuance of special plumbing and mechanical professional licenses authorizing the licensee to engage in a limited class or classes of plumbing or mechanical professional work,which class or classes shall be specified on the license.Each licensee shall have experience,acceptable to the board,in each such limited class for which the person is licensed.The board shall designate each special,restricted license to be a sublicense of either a plumbing, mechanical,HVAC-refrigeration,sheet metal,or hydronic license.A special,restricted license may be a sublicense of multiple types of licenses.An individual holding a master or journeyperson,plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic license shall not be required to obtain any special,restricted license which is a sublicense of the license that the individual holds.Special plumbing and mechanical professional licenses shall be issued to employees of a rate-regulated gas or electric public utility who conduct the repair of appliances.“Repair of appliances”means the repair or replacement of mechanical connections between the appliance shutoff valve and the appliance and repair of or replacement of parts to the appliance.Such special,restricted license shall require certification pursuant to industry-accredited certification standards. c.The board shall establish a special,restricted license fee at a reduced rate,consistent with any other special,restricted license fees. d.An individual that holds either a master or journeyperson mechanical license or a master or journeyperson HVAC-refrigeration license shall be exempt from having to obtain a special electrician’s license pursuant to chapter 103 in order to disconnect and reconnect existing air conditioning and refrigeration systems. 4.Waiver for military service.Notwithstanding section 17A.9A,the board shall waive the written examination requirements and prior experience requirements in subsection 2, paragraph “b”,subparagraph (1),and subsection 2,paragraph “c”,for a journeyperson or master license if the applicant meets all of the following requirements: a.Is an active or retired member of the United States military. b.Provides documentation that the applicant was deployed on active duty during any portion of the time period of July 1,2008,through December 31,2009. Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.18,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 10 c.Provides documentation that shows the applicant has previously passed an examination which the board deems substantially similar to the examination for a journeyperson license or a master license,as applicable,issued by the board,or provides documentation that shows the applicant has previously been licensed by a state or local governmental jurisdiction in the same trade and trade level. 2007 Acts,ch 198,§18;2008 Acts,ch 1032,§105,202;2008 Acts,ch 1089,§8,10,12;2009 Acts,ch 151,§19;2011 Acts,ch 100,§8 –10,15;2013 Acts,ch 77,§17 –23,36;2014 Acts,ch 1106,§20;2015 Acts,ch 30,§38 Subsection 3,paragraph d amended 105.19 Insurance and surety bond requirements. 1.An applicant for a contractor license or renewal of an active contractor license shall provide evidence of a public liability insurance policy and surety bond in an amount determined sufficient by the board by rule. 2.If the applicant is engaged in plumbing,mechanical,HVAC,refrigeration,sheet metal, or hydronic work individually through a business conducted as a sole proprietorship,the applicant shall personally obtain the insurance and surety bond required by this section.If the applicant is engaged in the plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic business as an employee or owner of a legal entity,then the insurance and surety bond required by this section shall be obtained by the entity and shall cover all plumbing or mechanical work performed by the entity. 3.The insurance and surety bond shall be written by an entity licensed to do business in this state and each licensed contractor shall maintain on file with the board a certificate evidencing the insurance providing that the insurance or surety bond shall not be canceled without the entity first giving ten days’written notice to the board. 2007 Acts,ch 198,§19;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§20;2013 Acts,ch 77,§24,36 105.20 Renewal and reinstatement of licenses —fees and penalties —continuing education. 1.All licenses issued under this chapter shall be issued for a three-year period. 2.A license issued under this chapter may be renewed as provided by rule adopted by the board upon application by the licensee,without examination.Applications for renewal shall be made to the board,accompanied by the required renewal licensing fee,at least thirty days prior to the expiration date of the license. 3.a.The board shall notify each licensee by mail at least sixty days prior to the expiration of a license. b.This subsection is repealed effective December 31,2016. 4.Failure to renew a license within a reasonable time after the expiration of the license shall not invalidate the license,but a reasonable penalty may be assessed as adopted by rule, in addition to the license renewal fee,to allow reinstatement of the license. 5.The board shall,by rule,establish a reinstatement process for a licensee who allows a license to lapse,including reasonable penalties. 6.a.The board shall establish continuing education requirements pursuant to section 272C.2.The basic continuing education requirement for renewal of a license shall be the completion,during the immediately preceding license term,of the number of classroom hours of instruction required by the board in courses or seminars which have been approved by the board.The board shall require at least eight classroom hours of instruction during each three-year licensing term. b.A licensee shall have a thirty-day grace period after expiration of the licensing term to complete all requirements necessary for license renewal without penalty. 2007 Acts,ch 198,§20;2008 Acts,ch 1089,§9,10,12;2009 Acts,ch 151,§21;2011 Acts,ch 100,§11,12,15;2013 Acts,ch 77,§25,36 For provisions granting a one-time extension of licenses having an expiration date prior to June 30,2014,and provisions for renewal and reissuance of licenses having an expiration date prior to June 30,2017,see §105.31 Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 11 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.24 105.21 Reciprocal licenses. The board may license without examination a nonresident applicant who is licensed under plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic professional licensing statutes of another state having similar licensing requirements as those set forth in this chapter and the rules adopted under this chapter if the other state grants the same reciprocal licensing privileges to residents of Iowa who have obtained Iowa plumbing or mechanical professional licenses under this chapter.The board shall adopt the necessary rules,not inconsistent with the law,for carrying out the reciprocal relations with other states which are authorized by this chapter. 2007 Acts,ch 198,§21;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§22;2013 Acts,ch 77,§26,36 Referred to in §105.17 105.22 Grounds for denial,revocation,or suspension of license. A license to practice as a contractor or as a plumbing,mechanical,HVAC-refrigeration, sheet metal,or hydronic professional may be revoked or suspended,or an application for licensure may be denied pursuant to procedures established pursuant to chapter 272C by the board,or the licensee may be otherwise disciplined in accordance with that chapter,when the licensee commits any of the following acts or offenses: 1.Fraud in procuring a license. 2.Professional incompetence. 3.Knowingly making misleading,deceptive,untrue,or fraudulent misrepresentations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public.Proof of actual injury need not be established. 4.Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the profession.A copy of the record or conviction or plea of guilty shall be conclusive evidence of such conviction. 5.Fraud in representations as to skill or ability. 6.Use of untruthful or improbable statements in advertisements. 7.Willful or repeated violations of this chapter. 8.Aiding and abetting a person who is not licensed pursuant to this chapter in that person’s pursuit of an unauthorized and unlicensed plumbing,mechanical,HVAC, refrigeration,sheet metal,or hydronic professional practice. 9.Failure to meet the commonly accepted standards of professional competence. 10.Any other such grounds as established by rule by the board. 2007 Acts,ch 198,§22;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§23,34;2013 Acts, ch 77,§27,28,36 Referred to in §272C.3,§272C.4 105.23 Jurisdiction of revocation and suspension proceedings. The board shall have exclusive jurisdiction of all proceedings to revoke or suspend a license issued pursuant to this chapter.The board may initiate proceedings under this chapter or chapter 272C,following procedures set out in section 272C.6,either on its own motion or on the complaint of any person.The board,in connection with a proceeding under this chapter, may issue subpoenas to compel attendance and testimony of witnesses and the disclosure of evidence,and may request the attorney general to bring an action to enforce the subpoena. 2007 Acts,ch 198,§23;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§24,34 Referred to in §272C.5 105.24 Notice and default. 1.A written notice stating the nature of the charge or charges against a licensee and the time and place of the hearing before the board on the charges shall be served on the licensee not less than thirty days prior to the date of hearing either personally or by mailing a copy by certified mail to the last known address of the licensee. 2.If,after having been served with the notice of hearing,the licensee fails to appear at Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.24,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 12 the hearing,the board may proceed to hear evidence against the licensee and may enter such order as is justified by the evidence. 2007 Acts,ch 198,§24;2008 Acts,ch 1089,§10,12 Referred to in §272C.5 105.25 Advertising —violations —penalties. 1.Only a person who is duly licensed pursuant to this chapter may advertise the fact that the person is licensed as a contractor or as a plumbing,mechanical,HVAC-refrigeration, sheet metal,or hydronic professional by the state of Iowa. 2.All written advertisements distributed in this state by a person who is engaged in the business of designing,installing,or repairing plumbing,HVAC,refrigeration,sheet metal,or hydronic systems shall include the listing of the contractor license number,as applicable. 3.A person who fraudulently claims to be a licensed contractor or a licensed plumbing, mechanical,HVAC-refrigeration,sheet metal,or hydronic professional pursuant to this chapter,either in writing,cards,signs,circulars,advertisements,or other communications, is guilty of a simple misdemeanor. 4.A person who fraudulently lists a license number in connection with that person’s advertising or falsely displays a license number is guilty of a simple misdemeanor. 2007 Acts,ch 198,§25;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§25,34;2013 Acts, ch 77,§29,36 105.26 Injunction. A person engaging in any business or in the practice of any profession for which a license is required by this chapter without such license may be restrained by injunction. 2007 Acts,ch 198,§26;2008 Acts,ch 1089,§10,12 105.27 Civil penalty. 1.In addition to any other penalties provided for in this chapter,the board may,by order, impose a civil penalty,not to exceed five thousand dollars per offense,upon a person violating any provision of this chapter.Each day of a continued violation constitutes a separate offense,except that offenses resulting from the same or common facts or circumstances shall be considered a single offense.Before issuing an order under this section,the board shall provide the person written notice and the opportunity to request a hearing on the record.The hearing must be requested within thirty days of the issuance of the notice. 2.A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19. 3.If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1 or,if the order is stayed pending an appeal,within ten days after the court enters a final judgment in favor of the board,the board shall notify the attorney general.The attorney general may commence an action to recover the amount of the penalty,including reasonable attorney fees and costs. 4.An action to enforce an order under this section may be joined with an action for an injunction. 2007 Acts,ch 198,§27;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§26,34 105.28 Enforcement. The board shall enforce the provisions of this chapter.Every licensee and member of the board shall furnish the board such evidence as the licensee or member may have relative to any alleged violation which is being investigated. 2007 Acts,ch 198,§28;2008 Acts,ch 1089,§10,13;2009 Acts,ch 151,§27,34 105.29 Report of violators. Every licensee and every member of the board shall report to the board the name of every person who is practicing as a contractor or as a plumbing,mechanical,HVAC-refrigeration, sheet metal,or hydronic professional without a license issued pursuant to this chapter pursuant to the knowledge or reasonable belief of the person making the report.The Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 13 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.32 opening of an office or place of business for the purpose of providing any services for which a license is required by this chapter,the announcing to the public in any way the intention to provide any such service,the use of any professional designation,or the use of any sign, card,circular,device,vehicle,or advertisement,as a provider of any such services shall be prima facie evidence of engaging in the practice of a contractor or a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic professional. 2007 Acts,ch 198,§29;2008 Acts,ch 1089,§10,13;2009 Acts,ch 151,§28,34;2013 Acts, ch 77,§30,36 105.30 Attorney general. Upon request of the board,the attorney general shall institute in the name of the state the proper proceedings against any person charged by the department with violating any provision of this chapter. 2007 Acts,ch 198,§30;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§29,34 105.31 License renewal and reissuance —transition provisions. 1.License expiration. a.All licenses that currently possess an expiration date prior to June 30,2014,shall be granted a one-time extension of the expiration date to June 30,2014,at no additional charge or continuing education requirements.The licensees of these licenses shall pay a full renewal fee upon renewal and shall be issued a license with an expiration date of June 30,2017. Applicable late renewal fees shall apply during this period. b.Licenses with an expiration date of July 1,2014,or later shall have the license renewal fee prorated using a one-sixth deduction for each six-month period following July 1,2014. Applicable late renewal fees shall apply during this period.Licenses renewed through June 29,2017,shall be issued with an expiration date of June 30,2017. 2.License reissue.A license reissued pursuant to this subsection shall be for the same level of license held by the licensee on April 26,2013,but may be for a class described in paragraphs “a”through “e”,if applicable.A license shall be reissued at the date of the first renewal. a.An individual with either an HVAC or a refrigeration license will be issued an HVAC-refrigeration license. b.An individual who holds an HVAC and a hydronic license will be issued a mechanical license at the first renewal. c.An individual who holds a refrigeration and a hydronic license will be issued a mechanical license. d.An individual who holds only a hydronic license will be issued a hydronic license. e.An individual who holds an HVAC or a refrigeration license may take the hydronic test before June 30,2014,in order to be issued a mechanical license at the time of renewal. 2013 Acts,ch 77,§31,36 For provisions relating to the development of a combined process for contractor licensing under this chapter and contractor registration under chapter 91C,to be implemented in time for license renewals due July 1,2017,see §91C.1(3) 105.32 Voluntar y early renewal of license. A licensee whose license expires between June 30,2014,and July 1,2017,may voluntarily renew the license early so the license has an expiration date of June 30,2017.This voluntary early renewal may happen at any time on or after July 1,2014.The department shall promulgate rules that allow for this one-time early renewal process,including fees and continuing education requirements. 2013 Acts,ch 77,§32,36;2013 Acts,ch 140,§57 Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) IAC 3/30/16 Public Health[641]Ch 25,p.1 CHAPTER 25 STATE PLUMBING CODE [Prior to 7/29/87,see Health Department[470]Ch 25] 641—25.1(105)Adoption.Section 101 and Chapters 2 to 17 of the Uniform Plumbing Code,2015 Edition,as published by the International Association of Plumbing and Mechanical Officials,4755 E. Philadelphia Street,Ontario,California 91761-2816,are hereby adopted by reference with amendments as the state plumbing code authorized by Iowa Code section 105.4.Portions of this chapter reproduce excerpts from the 2015 International Plumbing Code;Copyright 2014;Washington,D.C.:International Code Council.Such excerpts are reproduced with permission,all rights reserved.www.ICCSAFE.org [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13;ARC 2474C,IAB 3/30/16,effective 6/1/16] 641—25.2(105)Applicability.The provisions of this code are applicable to the plumbing in buildings or on premises in Iowa. [ARC 8860B,IAB 6/16/10,effective 7/21/10] 641—25.3(105)Fuel gas piping.Fuel gas piping shall comply with the requirements of Chapter 12 of the Uniform Plumbing Code,2015 Edition,unless the provisions conflict with 661—Chapter 226, Liquefied Petroleum Gas,Iowa Administrative Code.Where Chapter 12 conflicts with 661—Chapter 226,the provisions of 661—Chapter 226 shall be followed. [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13;ARC 2474C,IAB 3/30/16,effective 6/1/16] 641—25.4(105)Amendments to Uniform Plumbing Code.The Uniform Plumbing Code (UPC),as adopted by reference in rule 641—25.1(105),shall be amended as follows: 25.4(1)The following amendment shall apply to UPC Chapter 1: Subsection 101.11.5 Moved Buildings.Modify the subsection by deleting “except as provided for in Section 103.5.8.2”from the last sentence in the subsection. 25.4(2)The following amendments shall apply to UPC Chapter 3: a.Subsection 301.4.1 Permit Application.Delete the subsection. b.Subsection 314.4.1 Installation of Thermoplastic Pipe and Fittings.Trench width for thermoplastic pipe shall be limited to six times the outside diameter of the piping at the base. Thermoplastic piping shall be bedded in not less than 4 inches (102 mm)of aggregate bedding material supporting the pipe.Initial backfill shall encompass the pipe.Aggregate material shall be three-eighths (3/8)inch p-gravel or 1-inch clean class one bedding. 25.4(3)The following amendments shall apply to UPC Chapter 4: a.Section 407.3 Limitation of Hot Water Temperature for Public Lavatories.Modify the section by adding the following sentence to the end of the section:“These devices shall be installed at or as close as possible to the point of use.” b.Section 408.4 Waste Outlet.Modify the section by adding the following exception to the end of the section:“Exception:In a residential dwelling unit where a 2-inch waste pipe is not readily available and approval of the Authority Having Jurisdiction has been granted,the waste outlet,fixture tailpiece, trap and trap arm may be 1½inch when an existing tub is being replaced by a shower sized per Section 408.6(2).This exception only applies where one shower head rated at 2.5 gpm is installed.” c.Section 409.4 Limitation of Hot Water in Bathtubs and Whirlpool Bathtubs.Modify the section by adding the following sentence to the end of the section:“These devices shall be installed at or as close as possible to the point of use.” d.Section 410.3 Limitation of Water Temperature in Bidets.Modify the section by adding the following sentence to the end of the section:“These devices shall be installed at or as close as possible to the point of use.” e.Section 416.5 Drain.Modify the section by deleting the last sentence,which states:“Where a drain is provided,the discharge shall be in accordance with Section 811.0.” Ch 25,p.2 Public Health[641]IAC 3/30/16 f.Section 418.3 Location of Floor Drains.Modify the section by adding the following to the end of the section:“(5)Rooms equipped with a water heater.” g.Subsection 421.1 General.Modify the subsection by deleting “Table 1401.1 of this code”and inserting the following in lieu thereof:“Chapter 11 of the 2015 International Building Code.” h.Section 422.1 Fixture Count.Modify the section by deleting the first paragraph and inserting the following in lieu thereof:“Plumbing fixtures shall be provided in each building,for the type of building occupancy,and in the minimum number shown in Table 403.1 of the International Plumbing Code,reprinted here as Table 422.1.The design occupant load and occupancy classification shall be determined in accordance with Section 1004 of the 2015 International Building Code.Required public facilities shall be designated by a legible sign for each sex.Signs shall be readily visible and located near the entrance to each toilet facility.” i.Subsection 422.1.1 Family or Assisted-Use Toilet and Bathing Facilities.Modify the subsection by adding the following sentence to the end of the subsection:“Required family or assisted-use fixtures are permitted to be included in the number of required fixtures for either the male or female occupants in assembly and mercantile occupancies.” j.Table 422.1 Minimum Plumbing Facilities.Delete the table and insert the following table in lieu thereof: I A C 3 / 3 0 / 1 6 P u b l i c H e a l t h [ 6 4 1 ] C h 2 5 , p . 3 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER A-1d Theaters and other buildings for the performing arts and motion pictures 1 per 125 1 per 65 1 per 200 —1 per 500 1 service sink Nightclubs,bars,taverns, dance halls and buildings for similar purposes 1 per 40 1 per 40 1 per 75 —1 per 500 1 service sink A-2d Restaurants,banquet halls and food courts 1 per 75 1 per 75 1 per 200 —1 per 500 1 service sink Auditoriums without permanent seating,art galleries,exhibition halls, museums,lecture halls, libraries,arcades and gymnasiums 1 per 125 1 per 65 1 per 200 —1 per 500 1 service sink Passenger terminals and transportation facilities 1 per 500 1 per 500 1 per 750 —1 per 1,000 1 service sink A-3d Places of worship and other religious services 1 per 150 1 per 75 1 per 200 —1 per 1,000 1 service sink 1 Assembly A-4 Coliseums,arenas, skating rinks,pools and tennis courts for indoor sporting events and activities 1 per 75 for the first 1,500 and 1 per 120 for the remainder exceeding 1,500 1 per 40 for the first 1,520 and 1 per 60 for the remainder exceeding 1,520 1 per 200 1 per 150 —1 per 1,000 1 service sink C h 2 5 , p . 4 P u b l i c H e a l t h [ 6 4 1 ] I A C 3 / 3 0 / 1 6 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER 1 Assembly (cont’d)A-5 Stadiums,amusement parks,bleachers and grandstands for outdoor sporting events and activities 1 per 75 for the first 1,500 and 1 per 120 for the remainder exceeding 1,500 1 per 40 for the first 1,520 and 1 per 60 for the remainder exceeding 1,520 1 per 200 1 per 150 —1 per 1,000 1 service sink 2 Business B Buildings for the transaction of business, professional services, other services involving merchandise,office buildings,banks,light industrial and similar uses 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding 50 1 per 40 for the first 80 and 1 per 80 for the remainder exceeding 80 —1 per 100 1 service sinke 3 Educational E Educational facilities 1 per 50 1 per 50 —1 per 100 1 service sink 4 Factory and Industrial F-1 and F-2 Structures in which occupants are engaged in work fabricating, assembly or processing of products or materials 1 per 100 1 per 100 (See Section 416)1 per 400 1 service sink I-1 Residential care 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink Hospitals,ambulatory nursing home recipient 1 per roomc 1 per roomc 1 per 15 1 per 100 1 service sink per floor Employees,other than residential careb 1 per 25 1 per 35 —1 per 100 — 5 Institutional I-2 Visitors,other than residential care 1 per 75 1 per 100 —1 per 500 — I A C 3 / 3 0 / 1 6 P u b l i c H e a l t h [ 6 4 1 ] C h 2 5 , p . 5 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER Prisonsb 1 per cell 1 per cell 1 per 15 1 per 100 1 service sink Reformatories,detention centers,and correctional centersb 1 per 15 1 per 15 1 per 15 1 per 100 1 service sink I-3 Employeesb 1 per 25 1 per 35 —1 per 100 — 5 Institutional (cont’d) I-4 Adult day care and child care 1 per 15 1 per 15 1 1 per 100 1 service sink 6 Mercantile M Retail stores,service stations,shops, salesrooms,markets and shopping centers 1 per 500 1 per 750 —1 per 1,000 1 service sinke R-1 Hotels,motels,boarding houses (transient)1 per sleeping unit 1 per sleeping unit 1 per sleeping unit —1 service sink R-2 Dormitories,fraternities, sororities and boarding houses (not transient) 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink 7 Residential R-2 Apartment house 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit — 1 kitchen sink per dwelling unit;1 automatic clothes washer connection per 20 dwelling units C h 2 5 , p . 6 P u b l i c H e a l t h [ 6 4 1 ] I A C 3 / 3 0 / 1 6 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER R-3 Congregate living facilities with 16 or fewer persons 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink R-3 One-and two-family dwellings and lodging houses with five or fewer guestrooms 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit — 1 kitchen sink per dwelling unit;1 automatic clothes washer connection per dwelling unit 7 Residential (cont’d) R-4 Congregate living facilities with 16 or fewer persons 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink 8 Storage S-1 and S-2 Structures for the storage of goods,warehouses, storehouses and freight depots.Low and Moderate Hazard. 1 per 100 1 per 100 See Section 416 1 per 1,000 1 service sink IAC 3/30/16 Public Health[641]Ch 25,p.7 a The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated.The number of occupants shall be determined by the International Building Code. b Toilet facilities for employees shall be separate from facilities for inmates or care recipients. c A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted provided that each patient sleeping unit has direct access to the toilet room and provision for privacy for the toilet room user is provided. d The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required. e For business and mercantile occupancies with an occupant load of 15 or fewer,service sinks shall not be required. *Excerpted (with modifications)from Table 403.1 of the 2015 International Plumbing Code;Copyright 2014;Washington,D.C.: International Code Council.Reproduced with permission.All rights reserved.www.ICCSAFE.org k.Insert the following text at the end of Chapter 4: “422.6 Pay Facilities.Where pay facilities are installed and permissible under Iowa law,such facilities shall be in excess of the required minimum facilities.Required facilities shall be free of charge. “422.7 Substitution for Water Closets.In each bathroom or toilet room,urinals shall not be substituted for more than 67 percent of the required water closets in assembly and educational occupancies.Urinals shall not be substituted for more than 50 percent of the required water closets in all other occupancies.(Reprinted from the 2015 International Plumbing Code section 419.2)” 25.4(4)The following amendment shall apply to UPC Chapter 5: Sections 503.0 through 503.2 Inspection.Delete the sections. 25.4(5)The following amendments shall apply to UPC Chapter 6: a.Section 603.4.8 Drain Lines.Modify the section by adding the following language to the end of the section:“or in accordance with the manufacturer’s drain-sizing chart for installation.” b.Section 609.11 Pipe Insulation.Delete sections 609.11 through 609.11.2 and insert the following in lieu thereof: Section 609.11 Pipe Insulation.Insulation of domestic hot water piping shall be in accordance with the applicable energy conservation code. c.Section 611.4 Sizing of Residential Softeners.Modify the section by adding the following to the end of the last sentence in the section:“or as specified in the manufacturer ’s installation instructions.” d.Section 612 Residential Fire Sprinkler Systems.Delete sections 612.0 through 612.7.2. 25.4(6)The following amendment shall apply to UPC Chapter 7: Section 710.1 Backflow Protection.Modify the section by adding the following sentences to the end of the section:“The requirement for the installation of a backwater valve shall apply only when determined necessary by the authority having jurisdiction based on local conditions.When a valve is required by the authority having jurisdiction,it shall be a manually operated gate valve or fullway ball valve.An automatic backwater valve may also be installed but is not required.” 25.4(7)The following amendment shall apply to UPC Chapter 8: Section 804.7 Domestic Dishwashing Machine.Modify the section by deleting the section and inserting the following language in lieu thereof:“No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer without the use of an approved dishwasher air gap fitting on the discharge side of the dishwashing machine,or by looping the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink where the waste disposer is connected.Listed air gap fittings shall be installed with the flood level (FL)marking at or above the flood level of the sink or drainboard,whichever is higher.” 25.4(8)The following amendment shall apply to UPC Chapter 9: a.Section 906.7 Frost or Snow Closure.Modify the section by deleting “two (2)inches (50.8 mm)”in the first sentence and inserting “three (3)inches (76.2 mm)”in lieu thereof. b.Section 908.2.2 Size.Delete the second sentence in this section and insert the following new sentence in lieu thereof:“The wet vent shall be not less than 2 inches (50 mm)in diameter for 6 drainage fixture units (dfu)or less,and not less than 3 inches (80 mm)in diameter for 7 dfu or more.” 25.4(9)The following amendment shall apply to UPC Chapter 10: Ch 25,p.8 Public Health[641]IAC 3/30/16 a.Table 1002.2 Horizontal Lengths of Trap Arms.Delete the table and insert the following table in lieu thereof: TABLE 1002.2 Horizontal Lengths of Trap Arms (Except for Water Closets and Similar Features)1,2 Trap Arm Diameter (inches) Distance Trap to Vent Minimum (inches) Length Maximum (feet) 1¼2½5 1½3 6 2 4 8 3 6 12 4 8 12 Exceeding 4 2 × Diameter 12 For SI units:1 inch =25.4 mm Notes: 1Maintain ¼inch per foot slope (20.8 mm/m). 2The developed length between the trap of a water closet or similar fixture (measured from the top of the closet flange to the inner edge of the vent)and its vent shall not exceed 6 feet (1829 mm). b.Section 1014.1.3 Food Waste Disposers and Dishwashers.Modify the section by deleting the second sentence and inserting the following in lieu thereof:“Commercial food waste disposers shall discharge into the building’s drainage system in accordance with the requirements of the Authority Having Jurisdiction.” 25.4(10)The following amendments shall apply to UPC Chapter 12: a.Sections 1203.0 through 1203.4 Inspection.Delete the sections. b.Sections 1204.0 through 1204.3 Certificate of Inspection.Delete the sections. c.Sections 1205.0 through 1205.2 Authority to Render Gas Service.Delete the sections. d.Sections 1207.0 and 1207.1 Temporary Use of Gas.Delete the sections. 25.4(11)The following amendments shall apply to UPC Chapter 13: a.Sections 1311.0 through 1311.4 Plan Review.Delete the sections. b.Section 1326.3 Advance Notice.Delete the section. c.Section 1326.4 Responsibility.Delete the section. d.Section 1326.5 Testing.Delete the section. e.Section 1326.6 Retesting.Modify the section by deleting “the Authority Having Jurisdiction finds that”and “or inspection”from the first sentence. f.Section 1327.4 Report Items.Modify the section by deleting “Authority Having Jurisdiction” and inserting “responsible facility authority”in lieu thereof. 25.4(12)The following amendment shall apply to UPC Chapter 15: Sections 1506.0 through 1506.4 Required Inspection.Delete the sections. 25.4(13)The following amendments shall apply to UPC Chapter 16: a.Section 1601.3 Permit.Delete the section. b.Section 1601.6 Operation and Maintenance Manual.Modify the section by deleting “required to have a permit in accordance with Section 1601.3”from the first sentence. c.Section 1603.2 Permit.Delete the section. d.Subsection 1603.11.2.1 Visual System Inspection.Modify the subsection by deleting “by the Authority Having Jurisdiction and other authorities having jurisdiction”from the first sentence. e.Subsection 1603.11.2.2 Cross-Connection Test.Modify the subsection by deleting “by the applicant in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction” from the first sentence. f.Subsection 1603.11.2.3 Discovery of Cross-Connection.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction.” g.Section 1604.2 Plumbing Plan Submission.Delete the section. IAC 3/30/16 Public Health[641]Ch 25,p.9 h.Section 1604.5 Initial Cross-Connection Test.Modify the section by deleting “by the applicant in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction,”and by deleting the final sentence (“The test shall be ruled successful by the Authority Having Jurisdiction before final approval is granted.”). i.Subsection 1604.12.2.1 Visual System Inspection.Modify the subsection by deleting “by the Authority Having Jurisdiction and other authorities having jurisdiction.” j.Subsection 1604.12.2.2 Cross-Connection Test.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction.” k.Subsection 1604.12.2.3 Discovery of Cross-Connection.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction.” 25.4(14)The following amendments shall apply to UPC Chapter 17: a.Section 1702.2 Plumbing Plan Submission.Delete the section. b.Section 1702.5 Initial Cross-Connection Test.Modify the section by deleting the second and third sentences (“Before the building is occupied or the system is activated,the installer shall perform the initial cross-connection test in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction.The test shall be ruled successful by the Authority Having Jurisdiction before final approval is granted.”). c.Subsection 1702.11.2.1 Visual System Inspection.Modify the subsection by deleting “by the Authority Having Jurisdiction and other authorities having jurisdiction.” d.Subsection 1702.11.2.2 Cross-Connection Test.Modify the subsection by deleting “by the applicant in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction.” e.Subsection 1702.11.2.3 Discovery of Cross-Connection.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction.” [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13;ARC 2474C,IAB 3/30/16,effective 6/1/16] 641—25.5(105)Backflow prevention with containment.Cities with populations of 15,000 or greater as determined by the 1990 census or any subsequent regular or special census shall have a backflow prevention program with containment.The minimum requirements for a program are given in subrules 25.5(1)through 25.5(5).These requirements are in addition to the applicable requirements of Section 603 of the Uniform Plumbing Code,2012 Edition. 25.5(1)Definitions.The following definitions are added to those in Chapter 2 and Section 603 of the Uniform Plumbing Code,2012 Edition,or are modified from those definitions for the purposes of rule 641—25.5(105)only. a.Administrative authority.The administrative authority for this rule is the city council and its designees or,with respect to private water utilities,the Iowa utilities board. b.Approved backflow prevention assembly for containment.Approved backflow prevention assembly for containment means a backflow prevention assembly which is approved by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research.The approval listing shall include the limitations of use based on the degree of hazard.The backflow prevention assembly shall also be listed by the International Association of Plumbing and Mechanical Officials (IAPMO)or by the American Society of Sanitary Engineering (ASSE)as having met the requirements of one of the standards listed below. Ch 25,p.10 Public Health[641]IAC 3/30/16 Standard Product Covered ANSI¤/ASSE*1013-2009 Reduced Pressure Principle Backflow Preventers ANSI¤/ASSE*1015-2009 Double Check Backflow Prevention Assembly ANSI¤/ASSE*1047-2009 Reduced Pressure Detector Backflow Preventer ANSI¤/ASSE*1048-2009 Double Check Detector Assembly Backflow Preventer ANSI¤/AWWA†C510-07 Double Check Valve Backflow Prevention Assembly ANSI¤/AWWA†C511-07 Reduced-Pressure Principle Backflow Prevention Assembly ¤American National Standards Institute,1819 L Street NW,Washington,DC 20036 *American Society of Sanitary Engineering,901 Canterbury Road,Suite A,Westlake,OH 44145 †American Water Works Association,6666 West Quincy Avenue,Denver,CO 80235 c.Approved backflow prevention assembly for containment in a fire protection system.Approved backflow prevention assembly for containment in a fire protection system means a backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM)and Underwriters Laboratory (UL)in addition to the requirements of 25.5(1)“b.” d.Containment.Containment is a method of backflow prevention which requires a backflow prevention assembly on certain water services.Containment requires that the backflow prevention assembly be installed on the water service as close to the public water supply main as is practical. e.Customer.Customer means the owner,operator or occupant of a building or property which has a water service from a public water system,or the owner or operator of a private water system which has a water service from a public water system. f.Degree of hazard.Degree of hazard means the rating of a cross connection or a water service which indicates if it has the potential to cause contamination (high hazard)or pollution (low hazard). g.Water service.Depending on the context,water service is the physical connection between a public water system and a customer’s building,property or private water system,or the act of providing potable water from a public water system to a customer. 25.5(2)Proposed water service. a.No person shall install,or cause to have installed,a water service to a building,property or private water system before the administrative authority has evaluated the proposed water service for degree of hazard. b.The administrative authority shall require the submission of plans,specifications and other information deemed necessary for a building,property or private water system to which a water service is proposed.The administrative authority shall review the information submitted to determine if cross connections will exist and the degree of hazard. c.The owner of a building,property or private water system shall install,or cause to have installed, an approved backflow prevention assembly for containment as directed by the administrative authority before water service is initiated. d.Reconstruction of an existing water service shall be treated as a proposed water service for the purposes of rule 641—25.5(135). 25.5(3)Existing water services. a.Each customer shall survey the activities and processes which receive water from the water service and shall report to the administrative authority if cross connections exist and the degree of hazard. b.The administrative authority may inspect the plumbing of any building,property and private water system which has a water service to determine if cross connections exist and the degree of hazard. c.If,based on information provided through 25.5(3)“a”and “b,”the administrative authority determines that a water service may contaminate the public water supply,the administrative authority shall require that the customer install the appropriate backflow prevention assembly for containment. IAC 3/30/16 Public Health[641]Ch 25,p.11 d.If a customer refuses to install a backflow prevention assembly for containment when it is required by the administrative authority,the administrative authority may order that water service to the customer be discontinued until an appropriate backflow prevention assembly is installed. 25.5(4)Backflow prevention assemblies for containment. a.Backflow prevention assemblies for containment shall be installed immediately following the water meter or as close to that location as deemed practical by the administrative authority. b.A water service determined to present a high hazard shall be protected by an air gap or an approved reduced-pressure principle backflow prevention assembly. c.A water service determined to present a low hazard shall be protected by an approved double check valve assembly or as in 25.5(4)“b.” d.A water service to a fire protection system shall be protected from backflow in accordance with the recommendations of American Water Works Association Manual M14.Where backflow prevention is required for a fire protection system,an approved backflow prevention assembly for containment in a fire protection system shall be used. 25.5(5)Backflow incidents. a.The customer shall immediately notify the agency providing water service when the customer becomes aware that backflow has occurred in the building,property or private water system receiving water service. b.The administrative authority may order that a water service be temporarily shut off when a backflow occurs in a customer’s building,property or private water system. [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13] These rules are intended to implement Iowa Code chapter 105 as amended by 2013 Iowa Acts,Senate File 427. [Filed 12/3/81,Notice 9/2/81—published 12/23/81,effective 1/27/82] [Filed 2/24/84,Notice 10/26/83—published 3/14/84,effective 4/18/84] [Filed emergency 7/11/86 after Notice 4/23/86—published 7/30/86,effective 7/11/86] [Filed emergency 7/10/87—published 7/29/87,effective 7/10/87] [Filed 1/17/89,Notice 11/16/88—published 2/8/89,effective 3/15/89] [Filed 7/17/92,Notice 1/22/92—published 8/5/92,effective 9/9/92] [Filed 5/13/96,Notice 3/13/96—published 6/5/96,effective 7/10/96] [Filed 9/14/01,Notice 8/8/01—published 10/3/01,effective 11/19/01] [Filed ARC 8860B (Notice ARC 8703B,IAB 4/21/10),IAB 6/16/10,effective 7/21/10] [Filed ARC 1089C (Notice ARC 0811C,IAB 6/26/13),IAB 10/16/13,effective 11/20/13] [Filed ARC 2474C (Notice ARC 2317C,IAB 12/23/15),IAB 3/30/16,effective 6/1/16] IAC 3/30/16 Public Health[641]Ch 61,p.1 CHAPTER 61 STATE MECHANICAL CODE 641—61.1(105)Definitions.The following definitions apply to this chapter: “Ambulatory health care facility”means a facility or portion thereof used to provide services or treatment that provides,on an outpatient basis,treatment for one or more patients that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others;or provides,on an outpatient basis,anesthesia that renders the patient incapable of taking action for self-preservation under emergency conditions without the assistance of others. “Hospice”means a facility licensed or seeking licensure pursuant to Iowa Code section 135J.2. “Hospital”means a facility licensed or seeking licensure pursuant to Iowa Code chapter 135B. “Intermediate care facility for persons with an intellectual disability”means a facility licensed or seeking licensure pursuant to Iowa Code section 135C.2(3)“c.” “Life Safety Code”means the 2000 edition of the Life Safety Code of the National Fire Protection Association,Batterymarch Park,Quincy,MA 02269,or the most recent version of the Life Safety Code adopted by reference by the federal Centers for Medicare and Medicaid Services. “Nursing facility”means a facility licensed or seeking licensure pursuant to Iowa Code section 135C.6,including a nursing facility for intermediate care or a nursing facility for skilled care. [ARC 1494C,IAB 6/11/14,effective 7/16/14] 641—61.2(105)Adoption by reference.The provisions of the International Mechanical Code,2015 edition,published by the International Code Council,4051 West Flossmoor Road,Country Club Hills,IL 60478,are hereby adopted by reference as the requirements for the design,installation, maintenance,alteration,and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings,with the following amendments: 61.2(1)Delete section 101.1. 61.2(2)In section 101.2,delete the phrase “International Fuel Gas Code”and insert in lieu thereof “NFPA 54,National Fuel Gas Code,2015 edition;NFPA 58,Liquefied Petroleum Gas Code,2014 edition;the provisions of 661—Chapter 226;and the state plumbing code.” 61.2(3)Delete sections 103,104,105,106,107,108,109,and 110 and sections therein. 61.2(4)Delete section 401.1 and insert in lieu thereof the following new section: 401.1 Scope.This chapter shall govern the ventilation of spaces within a building intended to be occupied.These buildings shall meet either the requirements of ASHRAE Standard 62.1,“Ventilation for Acceptable Indoor Air Quality,”2013 edition,published by the American Society of Heating, Refrigeration,and Air-Conditioning Engineers,1791 Tullie Circle N.E.,Atlanta,GA 30329,or the requirements contained in this chapter.Mechanical exhaust systems,including exhaust systems serving clothes dryers and cooking appliances;hazardous exhaust systems;dust,stock,and refuse conveyor systems;subslab soil exhaust systems;smoke control systems;energy recovery ventilation systems; and other systems specified in Section 502 shall comply with Chapter 5. 61.2(5)Add the following footnote “i”related to the gym,stadium,arena (play area)category of the sports and amusement occupancy classification in Table 403.3,Minimum Ventilation Rates: i.When combustion equipment is intended to be used on the playing surface,additional dilution ventilation and/or source control shall be provided. 61.2(6)Delete section 504.8.2 and insert in lieu thereof the following new section: 504.8.2 Duct Installation.Exhaust ducts shall be supported at 4-foot (1219 mm)intervals and secured in place.The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow.Ducts shall not be joined by screws or similar fasteners that protrude into the inside of the duct. 61.2(7)Delete appendices A and B. 61.2(8)Delete all references to the “International Plumbing Code”and insert in lieu thereof “state plumbing code.” [ARC 1494C,IAB 6/11/14,effective 7/16/14;ARC 2473C,IAB 3/30/16,effective 6/1/16] Ch 61,p.2 Public Health[641]IAC 3/30/16 641—61.3(105)Hospitals and health care facilities. 61.3(1)A hospital that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the hospital is in compliance with the provisions of rule 661—205.5(100).In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the hospital shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(2)A nursing facility or hospice that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the nursing facility or hospice is in compliance with the provisions of rule 661—205.10(100). In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the nursing facility or hospice shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(3)An intermediate care facility for persons with an intellectual disability or intermediate care facility for persons with mental illness that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the intermediate care facility is in compliance with the provisions of rule 661—205.15(100). In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the intermediate care facility shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(4)An ambulatory health care facility that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the ambulatory health care facility is in compliance with the provisions of rule 661—205.20(100).In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the ambulatory health care facility shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(5)A religious nonmedical health care institution that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the provisions of the state mechanical code if the institution is in compliance with the provisions of rule 661—205.25(100).In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the religious nonmedical health care institution shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. [ARC 1494C,IAB 6/11/14,effective 7/16/14] 641—61.4(105)Enforcement.Any state or local jurisdiction retaining authority to perform inspections of mechanical installations in the state of Iowa shall retain initial interpretive authority over the state mechanical code and may implement an appeals process with respect to such interpretation.Ultimate appeal of any initial interpretation may be made to the plumbing and mechanical systems board by the filing of a petition for declaratory order pursuant to rule 641—57.1(17A)or the filing of a petition for waiver pursuant to 641—Chapter 31. [ARC 1494C,IAB 6/11/14,effective 7/16/14] These rules are intended to implement Iowa Code section 105.4. [Filed ARC 1494C (Notice ARC 1364C,IAB 3/5/14),IAB 6/11/14,effective 7/16/14] [Filed ARC 2473C (Notice ARC 2274C,IAB 12/9/15),IAB 3/30/16,effective 6/1/16] Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website Contact Us Name: Phone: Email: brian.rogers@iapmo.org City Department: City Council Message: Action Item #7 Code of Ordinances Amendment-Title 14 International Fuel Gas Code Effective December 31, 2016 Per Iowa Law Chapter 105 section 105.4 and State Mechanical Code Chapter 61 section 61.2(2) deletes the International Fuel Gas Code and inserts in lieu thereof "NFPA 54, NFPA 58 and the state plumbing code..This requires Dubuque to adopt "NFPA 54, NFPA 58 and the state plumbing for fuel gas code adoption in lieu of the International Fuel Gas Code Action Item #9 Code of Ordinances Amendment-Title 14 International Plumbing Code Effective December 31, 2016 Per Iowa Law Chapter 105 section 105.4 Dubuque will be required to adopt the State Plumbing Code which is the 2015 Uniform Plumbing Code in lieu of the International Plumbing Code. Action Item #10 Code of Ordinances Amendment-Title 14 International Residential Code. Effective December 31, 2016 per Iowa Law Chapter 105 section 105.4 any reference to plumbing or fuel gas requirements within the International Residential code will need to be deleted and reference made to the State of Iowa adopted plumbing code (2015 UPC) and state adopted fuel gas code (NFPA 54, 58 or chapter 12 of the state plumbing code) Click here to report this email as spam. From:"Citizen Support Center" <dubuqueia@mycusthelp.net> To:<kfirnsta@cityofdubuque.org> Date:06/06/2016 12:30 PM Subject:"Contact Us" inquiry from City of Dubuque website Attachments:3b156b24-a409-491e-82ca-a89573002e9d.pdf; 7e96dfb4-3b8a-4ad9-a695- 2bef1cfdf9b7.pdf; 803a7087-c657-45ea-adf6-6acbd801ec96.pdf Page 1 of 1 06/06/2016file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/57556CC9DBQ_DODBQ_PO... 1 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.2 CHAPTER 105 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS Referred to in §91C.1,§100D.11,§272C.1 For provisions relating to the development of a combined process for contractor licensing under this chapter and contractor registration under chapter 91C,to be implemented in time for license renewals due July 1,2017,see §91C.1(3) 105.1 Title. 105.2 Definitions. 105.3 Plumbing and mechanical systems board. 105.4 Plumbing installation code — rules. 105.5 Examinations. 105.6 through 105.8 Repealed by 2009 Acts,ch 151,§32. 105.9 Fees. 105.10 License or certification required. 105.11 Chapter inapplicability. 105.12 Form of license. 105.13 License presumptive evidence. 105.14 Display of contractor license. 105.15 Registry of licenses. 105.16 Change of residence. 105.17 Preemption of local licensing requirements. 105.18 Qualifications and types of licenses issued. 105.19 Insurance and surety bond requirements. 105.20 Renewal and reinstatement of licenses —fees and penalties —continuing education. 105.21 Reciprocal licenses. 105.22 Grounds for denial,revocation, or suspension of license. 105.23 Jurisdiction of revocation and suspension proceedings. 105.24 Notice and default. 105.25 Advertising —violations — penalties. 105.26 Injunction. 105.27 Civil penalty. 105.28 Enforcement. 105.29 Report of violators. 105.30 Attorney general. 105.31 License renewal and reissuance —transition provisions. 105.32 Voluntary early renewal of license. 105.1 Title. This chapter may be known and cited as the “Iowa Plumber,Mechanical Professional,and Contractor Licensing Act”. 2007 Acts,ch 198,§1,35;2008 Acts,ch 1089,§10,11;2009 Acts,ch 151,§1 105.2 Definitions. As used in this chapter,unless the context otherwise requires: 1.“Apprentice”means any person,other than a helper,journeyperson,or master,who,as a principal occupation,is engaged in working as an employee of a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic systems contractor under the supervision of either a master or a journeyperson and is progressing toward completion of an apprenticeship training program registered by the office of apprenticeship of the United States department of labor while learning and assisting in the design,installation,and repair of plumbing,HVAC, refrigeration,sheet metal,or hydronic systems,as applicable. 2.“Board”means the plumbing and mechanical systems board as established pursuant to section 105.3. 3.“Contractor”means a person or entity that provides plumbing,mechanical,HVAC, refrigeration,sheet metal,or hydronic systems services on a contractual basis and who is paid a predetermined amount under that contract for rendering those services. 4.“Department”means the Iowa department of public health. 5.“Governmental subdivision”means any city,county,or combination thereof. 6.“Helper”means a person engaged in general manual labor activities who provides assistance to an apprentice,journeyperson,or master while under the supervision of a journeyperson or master. 7.“HVAC”means heating,ventilation,air conditioning,ducted systems,or any type of refrigeration used for food processing or preservation.“HVAC”includes all natural,propane, liquid propane,or other gas lines associated with any component of an HVAC system. 8.“Hydronic”means a heating or cooling system that transfers heating or cooling by circulating fluid through a closed system,including boilers,pressure vessels,refrigeration Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.2,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 2 equipment in connection with chilled water systems,all steam piping,hot or chilled water piping together with all control devices and accessories,installed as part of,or in connection with,any heating or cooling system or appliance whose primary purpose is to provide comfort using a liquid,water,or steam as the heating or cooling media.“Hydronic”includes all low-pressure and high-pressure systems and all natural,propane,liquid propane,or other gas lines associated with any component of a hydronic system.For purposes of this definition,“primary purpose is to provide comfort”means a system or appliance in which at least fifty-one percent of the capacity generated by its operation,on an annual average,is dedicated to comfort heating or cooling. 9.“Journeyperson”means any person,other than a master,who,as a principal occupation, is engaged as an employee of,or otherwise working under the direction of,a master in the design,installation,and repair of plumbing,mechanical,HVAC,refrigeration,sheet metal, or hydronic systems,as applicable. 10.“Master”means any person who works in the planning or superintending of the design,installation,or repair of plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic systems and is otherwise lawfully qualified to conduct the business of plumbing, mechanical,HVAC,refrigeration,sheet metal,or hydronic systems,and who is familiar with the laws and rules governing the same. 11.“Mechanical professional”means a person engaged in the HVAC,refrigeration,sheet metal,or hydronic industry. 12.“Mechanical systems”means HVAC,refrigeration,sheet metal,and hydronic systems. 13.“Medical gas piping”means a permanent fixed piping system in a health care facility which is used to convey oxygen,nitrous oxide,nitrogen,carbon dioxide,helium,medical air, and mixtures of these gases from its source to the point of use and includes the fixed piping associated with a medical,surgical,or gas scavenging vacuum system,as well as a bedside suction system. 14.“Medical gas system installer”means any person who installs or repairs medical gas piping,components,and vacuum systems,including brazers,who has been issued a valid certification from the national inspection testing certification (NITC)corporation,or an equivalent authority approved by the board. 15.“Plumbing”means all potable water building supply and distribution pipes,all plumbing fixtures and traps,all drainage and vent pipes,and all building drains and building sewers,storm sewers,and storm drains,including their respective joints and connections, devices,receptors,and appurtenances within the property lines of the premises,and including the connection to sanitary sewer,storm sewer,and domestic water mains. “Plumbing”includes potable water piping,potable water treating or using equipment, medical gas piping systems,fuel gas piping,water heaters and vents,including all natural, propane,liquid propane,or other gas lines associated with any component of a plumbing system. 16.“Refrigeration”means any system of refrigeration regardless of the level of power, if such refrigeration is intended to be used for the purpose of food processing and product preservation and is also intended to be used for comfort systems.“Refrigeration”includes all natural,propane,liquid propane,or other gas lines associated with any component of refrigeration. 17.“Routine maintenance”means the maintenance,repair,or replacement of existing fixtures or parts of plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic systems in which no changes in original design are made.Fixtures or parts do not include smoke and fire dampers,or water,gas,or steam piping permanent repairs except for traps or strainers.“Routine maintenance”shall include emergency repairs,and the board shall define the term “emergency repairs”to include the repair of water pipes to prevent imminent damage to property.“Routine maintenance”does not include the replacement of furnaces, boilers,cooling appliances,or water heaters more than one hundred gallons in size. 18.“Sheet metal”means heating,ventilation,air conditioning,pollution control,fume hood systems and related ducted systems or installation of equipment associated with any component of a sheet metal system.“Sheet metal”excludes refrigeration and electrical lines Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 3 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.3 and all natural gas,propane,liquid propane,or other gas lines associated with any component of a sheet metal system. 2007 Acts,ch 198,§2;2008 Acts,ch 1032,§102,202;2008 Acts,ch 1089,§10,11;2009 Acts, ch 151,§2,3;2011 Acts,ch 100,§1,2,15;2012 Acts,ch 1023,§22;2012 Acts,ch 1026,§1,2; 2012 Acts,ch 1138,§47,78,79;2013 Acts,ch 77,§2,3,36 105.3 Plumbing and mechanical systems board. 1.A plumbing and mechanical systems board is created within the Iowa department of public health. 2.a.The board shall be comprised of eleven members,appointed by the governor,as follows: (1)The director of public health or the director ’s designee. (2)The commissioner of public safety or the commissioner ’s designee. (3)One plumbing inspector. (4)One mechanical inspector. (5)A contractor who primarily works in rural areas. (6)An individual licensed as a journeyperson plumber pursuant to the provisions of this chapter or,for the initial membership of the board,an individual eligible for such licensure. (7)An individual working as a plumbing contractor and licensed as a master plumber pursuant to the provisions of this chapter or,for the initial membership of the board,an individual eligible for such licensure. (8)Two individuals licensed as journeyperson mechanical professionals pursuant to the provisions of this chapter or,for the initial membership of the board,two individuals eligible for such licensure. (9)Two individuals licensed as master mechanical professionals pursuant to the provisions of this chapter or,for the initial membership of the board,two individuals eligible for such licensure.One of these individuals shall be a mechanical systems contractor. b.The board members enumerated in paragraph a,subparagraphs (3)through (9),are subject to confirmation by the senate. c.The terms of the two plumber representatives on the board shall not expire on the same date,and one of the two plumber representatives on the board shall at all times while serving on the board be affiliated with a labor union while the other shall at all times while serving on the board not be affiliated with a labor union. d.The terms of the mechanical professional representatives on the board shall not expire on the same date,and at least one of the mechanical professional representatives on the board shall at all times while serving on the board be affiliated with a labor union while at least one of the other mechanical professional representatives shall at all times while serving on the board not be affiliated with a labor union. 3.Members shall serve three-year terms except for the terms of the initial members,which shall be staggered so that three members’terms expire each calendar year.A member of the board shall serve no more than three full terms.A vacancy in the membership of the board shall be filled by appointment by the governor subject to senate confirmation. 4.If a person who has been appointed to serve on the board has ever been disciplined by the board,all board complaints and statements of charges,settlement agreements,findings of fact,and orders pertaining to the disciplinary action shall be made available to the senate committee to which the appointment is referred at the committee’s request before the full senate votes on the person’s appointment. 5.The board shall organize annually and shall select a chairperson and a secretary from its membership.A quorum shall consist of a majority of the members of the board. 6.Members of the board shall receive actual expenses for their duties as a member of the board.Each member of the board may also be eligible to receive compensation as provided in section 7E.6. 7.The board may maintain a membership in any national organization of state boards Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.3,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 4 for the professions of plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic professionals,with all membership fees to be paid from funds appropriated to the board. 2007 Acts,ch 198,§3;2008 Acts,ch 1089,§10,11;2009 Acts,ch 151,§4,5;2013 Acts,ch 77,§4,36 Referred to in §105.2 Confirmation,see §2.32 105.4 Plumbing installation code —rules. 1.a.The board shall establish by rule a plumbing installation code governing the installation of plumbing in this state.Consistent with fire safety rules and standards promulgated by the state fire marshal,the board shall adopt the most current version of the uniform plumbing code and the international mechanical code,as the state plumbing code and the state mechanical code,to govern the installation of plumbing and mechanical systems in this state.The board shall adopt the current version of each code within six months of its being released.The board may adopt amendments to each code by rule.The board shall work in consultation with the state fire marshal to ensure that proposed amendments do not conflict with the fire safety rules and standards promulgated by the state fire marshal.The state plumbing code and the state mechanical code shall be applicable to all buildings and structures owned by the state or an agency of the state and in each local jurisdiction. b.Except as provided in paragraph “c”,a local jurisdiction is not required to adopt by ordinance the state plumbing code or the state mechanical code.However,a local jurisdiction that adopts by ordinance the state plumbing code or the state mechanical code may adopt standards that are more restrictive.A local jurisdiction that adopts standards that are more restrictive than the state plumbing code or the state mechanical code shall promptly provide copies of those standards to the board.The board shall maintain on its internet site the text of all local jurisdiction standards that differ from the applicable statewide code.Local jurisdictions shall not be required to conduct inspections or take any other enforcement action under the state plumbing code and state mechanical code regardless of whether the local jurisdiction has adopted by ordinance the state plumbing code or the state mechanical code. c.A local jurisdiction with a population of more than fifteen thousand that has not adopted by ordinance the state plumbing code and state mechanical code shall have until December 31,2016,to do so.Cities that have adopted a plumbing code or mechanical code as of April 26,2013,shall have until December 31,2016,to adopt the state plumbing code or the state mechanical code in lieu thereof. 2.The board shall adopt all rules necessary to carry out the licensing and other provisions of this chapter. 2007 Acts,ch 198,§4;2008 Acts,ch 1089,§10,11;2009 Acts,ch 151,§6;2013 Acts,ch 77, §5,36 105.5 Examinations. 1.Any person desiring to take an examination for a license issued pursuant to this chapter shall make application to the board in accordance with the rules of the board.The application form shall be no longer than two pages in length,plus one security page.The board may require that a recent photograph of the applicant be attached to the application. 2.Applicants who fail to pass an examination shall be allowed to retake the examination at a future scheduled time. 3.The board shall adopt rules relating to all of the following: a.The qualifications required for applicants seeking to take examinations,which qualifications shall include a requirement that an applicant who is a contractor shall be required to provide the contractor ’s state contractor registration number. b.The denial of applicants seeking to take examinations. 4.The board shall adopt an industry standardized examination for each license type.If a standardized examination is not available for a specified license type,the board shall work with the appropriate testing vendor to create an examination for the specified license type. 2007 Acts,ch 198,§5;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§7;2011 Acts,ch 100, §3,15;2013 Acts,ch 77,§6,36 Contractor registration,see chapter 91C Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 5 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.10 105.6 through 105.8 Repealed by 2009 Acts,ch 151,§32. 105.9 Fees. 1.The board shall set the fees for the examination of all applicants,by rule,which fees shall be based upon the cost of administering the examinations. 2.The board shall set the license fees and renewal fees for all licenses issued pursuant to this chapter,by rule. 3.All fees collected under this chapter shall be retained by the board.The moneys retained by the board shall be used for any of the board’s duties under this chapter,including but not limited to the addition of full-time equivalent positions for program services and investigations.Revenues retained by the board pursuant to this section shall be considered repayment receipts as defined in section 8.2.Notwithstanding section 8.33,moneys retained by the board pursuant to this section are not subject to reversion to the general fund of the state. 4.Nothing in this chapter shall be interpreted to prohibit the state or any of its governmental subdivisions from charging construction permit fees or inspection fees related to work performed by plumbers and mechanical professionals. 5.a.The board shall submit a report to the general assembly within sixty days following the end of each fiscal year.The reports shall include a balance sheet projection extending no less than three years.If the revenue projection exceeds expense projections by more than ten percent,the board shall adjust their fee schedules accordingly,so that projected revenues are no more than ten percent higher than projected expenses.The revised fees shall be implemented no later than January 1,2013,and January 1 of each subsequent year. b.A license fee for a combined license shall be the sum total of each of the separate license fees reduced by thirty percent. 6.The board may charge a fee for an application required by this chapter and submitted on paper if an internet application process is available. 7.a.Licenses issued under this chapter on or after July 1,2014,shall expire on the same renewal date every three years,beginning with June 30,2017. b.New licenses issued after the July 1 beginning of each three-year renewal cycle shall be prorated using a one-sixth deduction for each six-month period of the renewal cycle. 2007 Acts,ch 198,§9;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§8;2011 Acts,ch 100, §4 –6,15;2013 Acts,ch 77,§7,8,36 Transfer of portion of contractor license fees to labor services division of department of workforce development and creation of combined contractor license and registration process,see §91C.1(3) 105.10 License or certification required. 1.Except as provided in section 105.11,a person shall not operate as a contractor or install or repair plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic systems without obtaining a license issued by the board,or install or repair medical gas piping systems without obtaining a valid certification approved by the board. 2.Except as provided in section 105.11,a person shall not engage in the business of designing,installing,or repairing plumbing,mechanical,HVAC,refrigeration,sheet metal, or hydronic systems unless at all times a licensed master,who shall be responsible for the proper designing,installing,and repairing of the plumbing,HVAC,refrigeration,sheet metal, or hydronic system,is employed by the person and is actively in charge of the plumbing, mechanical,HVAC,refrigeration,sheet metal,or hydronic work of the person.An individual who performs such work pursuant to a business operated as a sole proprietorship shall be a licensed master in the applicable discipline. 3.An individual holding a master mechanical license shall not be required to get an HVAC-refrigeration,sheet metal,or hydronic license in order to design,install,or repair the work defined in this chapter as mechanical,HVAC-refrigeration,sheet metal,or hydronic work.An individual holding a journeyperson mechanical license shall not be required to get an HVAC-refrigeration,sheet metal,or hydronic license in order to install and repair the work defined in this chapter as mechanical,HVAC-refrigeration,sheet metal,or hydronic work.An individual holding a master or journeyperson mechanical license shall also not Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.10,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 6 be required to obtain a special,restricted license that is designated as a sublicense of the mechanical,HVAC-refrigeration,sheet metal,or hydronic licenses. 4.The board shall adopt rules to allow a grace period for a contractor to operate a business described in subsection 2 without employing a licensed master. 2007 Acts,ch 198,§10;2008 Acts,ch 1032,§103,202;2008 Acts,ch 1089,§10,12;2009 Acts, ch 151,§9,10;2013 Acts,ch 77,§9 –11,36;2013 Acts,ch 140,§56;2014 Acts,ch 1092,§26 105.11 Chapter inapplicability. The provisions of this chapter shall not be construed to do any of the following: 1.Apply to a person licensed as an engineer pursuant to chapter 542B,licensed as a manufactured home retailer or certified as a manufactured home installer pursuant to chapter 103A,registered as an architect pursuant to chapter 544A,or licensed as a landscape architect pursuant to chapter 544B who provides consultations or develops plans or other work concerning plumbing,HVAC,refrigeration,sheet metal,or hydronic work and who is exclusively engaged in the practice of the person’s profession. 2.Require employees of municipal utilities,electric membership or cooperative associations,public utility corporations,rural water associations or districts,railroads,or commercial retail or industrial companies performing manufacturing,installation,service, or repair work for such employer to hold licenses while acting within the scope of their employment.This licensing exemption does not apply to employees of a rate-regulated gas or electric public utility which provides plumbing or mechanical services as part of a systematic marketing effort,as defined pursuant to section 476.80. 3.Prohibit an owner of property from performing work on the owner ’s principal residence,if such residence is an existing dwelling rather than new construction and is not larger than a single-family dwelling,or farm property,excluding commercial or industrial installations or installations in public use buildings or facilities,or require such owner to be licensed under this chapter.In order to qualify for inapplicability pursuant to this subsection,a residence shall qualify for the homestead tax exemption. 4.Require that any person be a member of a labor union in order to be licensed. 5.Apply to a person who is qualified pursuant to administrative rules relating to the storage and handling of liquefied petroleum gases while engaged in installing,servicing, testing,replacing,or maintaining propane gas utilization equipment,or gas piping systems of which the equipment is a part,and related or connected accessory systems or equipment necessary to the operation of the equipment. 6.Apply to a person who meets the requirements for a certified well contractor pursuant to section 455B.190A while engaged in installing,servicing,testing,replacing,or maintaining a water system,water well,well pump,or well equipment,or piping systems of which the equipment is a part,and related or connected accessory systems or equipment necessary to the operation of the water well. 7.Require a helper engaged in general manual labor activities while providing assistance to an apprentice,journeyperson,or master to obtain a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic license.Experience as a helper shall not be considered as practical experience for a journeyperson license. 8.Apply to a person who is performing work subject to chapter 100C. 9.Apply to an employee of any unit of state or local government,including but not limited to cities,counties,or school corporations,performing work on a mechanical system or plumbing system,which serves a government-owned or government-leased facility while acting within the scope of the government employee’s employment. 10.Apply to the employees of manufacturers,manufacturer representatives,or wholesale suppliers who provide consultation or develop plans concerning plumbing,HVAC, refrigeration,sheet metal,or hydronic work,or who assist a person licensed under this chapter in the installation of mechanical or plumbing systems. 11.Prohibit an owner or operator of a health care facility licensed pursuant to chapter 135C,assisted living center licensed pursuant to chapter 231C,hospital licensed pursuant to chapter 135B,adult day care center licensed pursuant to chapter 231D,or a retirement facility certified pursuant to chapter 523D from performing work on the facility or requiring Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 7 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.17 such owner or operator to be licensed under this chapter;except for projects that exceed the dollar amount specified as the competitive bid threshold in section 26.3. 12.Apply to a person who performs the laying of pipe that originates or connects to pipe in the public right-of-way or property that is intended to become public right-of-way,even if such pipe extends under the property and up to the building.However,the person shall not make any interior pipe connections within a building under this exemption.This exemption does not restrict local jurisdictions from requiring licensure under this chapter if required by local ordinance,resolution,or by bidding specification. 13.Prohibit a rental property owner or employee of such an owner from performing routine maintenance on the rental property. 14.Apply to a person who is performing work on a volunteer,non-paid basis or assisting a property owner performing non-paid work on the owner ’s principal residence. 2007 Acts,ch 198,§11;2008 Acts,ch 1032,§104,202;2008 Acts,ch 1089,§4,5,10,12;2009 Acts,ch 151,§11 –13;2011 Acts,ch 100,§7,15;2013 Acts,ch 77,§12,36 Referred to in §105.10 105.12 Form of license. 1.A contracting,plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic license shall be in the form of a certificate under the seal of the department,signed by the director of public health,and shall be issued in the name of the board.The license number shall be noted on the face of the license. 2.In addition to the certificate,the board shall provide each licensee with a wallet-sized licensing identification card. 2007 Acts,ch 198,§12;2008 Acts,ch 1089,§6,10,12;2009 Acts,ch 151,§14;2013 Acts,ch 77,§13,36 105.13 License presumptive evidence. A license issued under this chapter shall be presumptive evidence of the right of the holder to practice in this state the profession specified. 2007 Acts,ch 198,§13;2008 Acts,ch 1089,§10,12 105.14 Display of contractor license. A person holding a contractor license under this chapter shall keep the current license certificate publicly displayed in the primary place in which the person practices. 2007 Acts,ch 198,§14;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§15 105.15 Registry of licenses. The name,location,license number,and date of issuance of the license of each person to whom a license has been issued shall be entered in a registry kept in the office of the department to be known as the plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic registry.The registry may be electronic and shall be open to public inspection. However,the licensee’s home address,home telephone number,and other personal information as determined by rule shall be confidential. 2007 Acts,ch 198,§15;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§16;2013 Acts,ch 77,§14,36 105.16 Change of residence. If a person licensed to practice as a contractor or a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic professional under this chapter changes the person’s residence or place of practice,the person shall so notify the board. 2007 Acts,ch 198,§16;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§17;2013 Acts,ch 77,§15,36 105.17 Preemption of local licensing requirements. 1.The provisions of this chapter regarding the licensing of plumbing,mechanical, HVAC-refrigeration,sheet metal,and hydronic professionals and contractors shall supersede Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.17,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 8 and preempt all plumbing,mechanical,HVAC-refrigeration,sheet metal,hydronic,and contracting licensing provisions of all governmental subdivisions. a.On July 1,2009,all plumbing and mechanical licensing provisions promulgated by any governmental subdivision shall be null and void,except reciprocal licenses as provided in section 105.21,and of no further force and effect. b.On and after July 1,2008,a governmental subdivision shall not prohibit a contractor or a plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic professional licensed pursuant to this chapter from performing services for which that person is licensed pursuant to this chapter or enforce any plumbing and mechanical licensing provisions promulgated by the governmental subdivision against a person licensed pursuant to this chapter. 2.Nothing in this chapter shall prohibit a governmental subdivision from assessing and collecting permit fees or inspection fees related to work performed by plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic professionals. 2007 Acts,ch 198,§17;2008 Acts,ch 1089,§7,10,12;2009 Acts,ch 151,§18;2013 Acts,ch 77,§16,36 105.18 Qualifications and types of licenses issued. 1.General qualifications.The board shall adopt,by rule,general qualifications for licensure.The board may consider the past felony record of an applicant only if the felony conviction relates to the practice of the profession for which the applicant requests to be licensed.References may be required as part of the licensing process. 2.Plumbing,mechanical,HVAC-refrigeration,sheet metal,and hydronic licenses and contractor licenses.The board shall issue master licenses for plumbing,mechanical, HVAC-refrigeration,and hydronic professionals.The board shall issue journeyperson licenses for plumbing,mechanical,HVAC-refrigeration,sheet metal,and hydronic professionals.A plumbing license shall allow an individual to perform work defined as plumbing.A mechanical license shall allow an individual to perform work defined as HVAC, refrigeration,sheet metal,and hydronic.An HVAC-refrigeration license shall allow an individual to perform work defined as HVAC and refrigeration.A hydronic license shall allow an individual to perform work defined as hydronic.A sheet metal license shall allow an individual to perform work defined as sheet metal.The board shall issue the separate licenses as follows: a.Apprentice license.In order to be licensed by the board as an apprentice,a person shall do all of the following: (1)File an application,which application shall establish that the person meets the minimum requirements adopted by the board. (2)Certify that the person will work under the supervision of a licensed journeyperson or master in the applicable discipline. (3)Be enrolled in an applicable apprentice program which is registered with the United States department of labor office of apprenticeship. b.Journeyperson license. (1)In order to be licensed by the board as a journeyperson in the applicable discipline,a person shall do all of the following: (a)File an application and pay application fees as established by the board,which application shall establish that the person meets the minimum educational and experience requirements adopted by the board. (b)Pass the state journeyperson licensing examination in the applicable discipline. (c)Provide the board with evidence of having completed at least four years of practical experience as an apprentice.Commencing January 1,2010,the four years of practical experience required by this subparagraph division must be an apprenticeship training program registered by the United States department of labor office of apprenticeship. (2)A person may simultaneously hold an active journeyperson license and an inactive master license. (3)An individual who has passed both the journeyperson HVAC-refrigeration examination and the journeyperson hydronic examination separately shall be qualified to Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 9 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.18 be issued a journeyperson mechanical license without having to pass the journeyperson mechanical examination. c.Master license. (1)In order to be licensed by the board as a master,a person shall do all of the following: (a)File an application and pay application fees as established by the board,which application shall establish that the person meets the minimum educational and experience requirements adopted by the board. (b)Pass the state master licensing examination for the applicable discipline. (c)Provide evidence to the board that the person has previously been a licensed journeyperson or master in the applicable discipline. (2)An individual who has passed both the master HVAC-refrigeration examination and the master hydronic examination separately shall be qualified to be issued a master mechanical license without having to pass the master mechanical examination. d.Contractor license.In order to be licensed by the board as a contractor,a person shall do all of the following: (1)File an application and pay application fees as established by the board and establish that the person meets the minimum requirements adopted by the board.Through June 30, 2017,the application shall include the person’s state contractor registration number.After July 1,2017,the application shall include proof of workers compensation insurance coverage, proof of unemployment insurance compliance,and,for out-of-state contractors,a bond as described in chapter 91C. (2)Maintain a permanent place of business. (3)Hold a master license or employ at least one person holding a master license under this chapter. 3.Combined licenses,restricted licenses. a.The board may issue single or combined licenses to persons who qualify as a contractor, master,journeyperson,or apprentice under any of the disciplines. b.Special,restricted license.The board may by rule provide for the issuance of special plumbing and mechanical professional licenses authorizing the licensee to engage in a limited class or classes of plumbing or mechanical professional work,which class or classes shall be specified on the license.Each licensee shall have experience,acceptable to the board,in each such limited class for which the person is licensed.The board shall designate each special,restricted license to be a sublicense of either a plumbing, mechanical,HVAC-refrigeration,sheet metal,or hydronic license.A special,restricted license may be a sublicense of multiple types of licenses.An individual holding a master or journeyperson,plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic license shall not be required to obtain any special,restricted license which is a sublicense of the license that the individual holds.Special plumbing and mechanical professional licenses shall be issued to employees of a rate-regulated gas or electric public utility who conduct the repair of appliances.“Repair of appliances”means the repair or replacement of mechanical connections between the appliance shutoff valve and the appliance and repair of or replacement of parts to the appliance.Such special,restricted license shall require certification pursuant to industry-accredited certification standards. c.The board shall establish a special,restricted license fee at a reduced rate,consistent with any other special,restricted license fees. d.An individual that holds either a master or journeyperson mechanical license or a master or journeyperson HVAC-refrigeration license shall be exempt from having to obtain a special electrician’s license pursuant to chapter 103 in order to disconnect and reconnect existing air conditioning and refrigeration systems. 4.Waiver for military service.Notwithstanding section 17A.9A,the board shall waive the written examination requirements and prior experience requirements in subsection 2, paragraph “b”,subparagraph (1),and subsection 2,paragraph “c”,for a journeyperson or master license if the applicant meets all of the following requirements: a.Is an active or retired member of the United States military. b.Provides documentation that the applicant was deployed on active duty during any portion of the time period of July 1,2008,through December 31,2009. Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.18,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 10 c.Provides documentation that shows the applicant has previously passed an examination which the board deems substantially similar to the examination for a journeyperson license or a master license,as applicable,issued by the board,or provides documentation that shows the applicant has previously been licensed by a state or local governmental jurisdiction in the same trade and trade level. 2007 Acts,ch 198,§18;2008 Acts,ch 1032,§105,202;2008 Acts,ch 1089,§8,10,12;2009 Acts,ch 151,§19;2011 Acts,ch 100,§8 –10,15;2013 Acts,ch 77,§17 –23,36;2014 Acts,ch 1106,§20;2015 Acts,ch 30,§38 Subsection 3,paragraph d amended 105.19 Insurance and surety bond requirements. 1.An applicant for a contractor license or renewal of an active contractor license shall provide evidence of a public liability insurance policy and surety bond in an amount determined sufficient by the board by rule. 2.If the applicant is engaged in plumbing,mechanical,HVAC,refrigeration,sheet metal, or hydronic work individually through a business conducted as a sole proprietorship,the applicant shall personally obtain the insurance and surety bond required by this section.If the applicant is engaged in the plumbing,mechanical,HVAC,refrigeration,sheet metal,or hydronic business as an employee or owner of a legal entity,then the insurance and surety bond required by this section shall be obtained by the entity and shall cover all plumbing or mechanical work performed by the entity. 3.The insurance and surety bond shall be written by an entity licensed to do business in this state and each licensed contractor shall maintain on file with the board a certificate evidencing the insurance providing that the insurance or surety bond shall not be canceled without the entity first giving ten days’written notice to the board. 2007 Acts,ch 198,§19;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§20;2013 Acts,ch 77,§24,36 105.20 Renewal and reinstatement of licenses —fees and penalties —continuing education. 1.All licenses issued under this chapter shall be issued for a three-year period. 2.A license issued under this chapter may be renewed as provided by rule adopted by the board upon application by the licensee,without examination.Applications for renewal shall be made to the board,accompanied by the required renewal licensing fee,at least thirty days prior to the expiration date of the license. 3.a.The board shall notify each licensee by mail at least sixty days prior to the expiration of a license. b.This subsection is repealed effective December 31,2016. 4.Failure to renew a license within a reasonable time after the expiration of the license shall not invalidate the license,but a reasonable penalty may be assessed as adopted by rule, in addition to the license renewal fee,to allow reinstatement of the license. 5.The board shall,by rule,establish a reinstatement process for a licensee who allows a license to lapse,including reasonable penalties. 6.a.The board shall establish continuing education requirements pursuant to section 272C.2.The basic continuing education requirement for renewal of a license shall be the completion,during the immediately preceding license term,of the number of classroom hours of instruction required by the board in courses or seminars which have been approved by the board.The board shall require at least eight classroom hours of instruction during each three-year licensing term. b.A licensee shall have a thirty-day grace period after expiration of the licensing term to complete all requirements necessary for license renewal without penalty. 2007 Acts,ch 198,§20;2008 Acts,ch 1089,§9,10,12;2009 Acts,ch 151,§21;2011 Acts,ch 100,§11,12,15;2013 Acts,ch 77,§25,36 For provisions granting a one-time extension of licenses having an expiration date prior to June 30,2014,and provisions for renewal and reissuance of licenses having an expiration date prior to June 30,2017,see §105.31 Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 11 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.24 105.21 Reciprocal licenses. The board may license without examination a nonresident applicant who is licensed under plumbing,mechanical,HVAC-refrigeration,sheet metal,or hydronic professional licensing statutes of another state having similar licensing requirements as those set forth in this chapter and the rules adopted under this chapter if the other state grants the same reciprocal licensing privileges to residents of Iowa who have obtained Iowa plumbing or mechanical professional licenses under this chapter.The board shall adopt the necessary rules,not inconsistent with the law,for carrying out the reciprocal relations with other states which are authorized by this chapter. 2007 Acts,ch 198,§21;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§22;2013 Acts,ch 77,§26,36 Referred to in §105.17 105.22 Grounds for denial,revocation,or suspension of license. A license to practice as a contractor or as a plumbing,mechanical,HVAC-refrigeration, sheet metal,or hydronic professional may be revoked or suspended,or an application for licensure may be denied pursuant to procedures established pursuant to chapter 272C by the board,or the licensee may be otherwise disciplined in accordance with that chapter,when the licensee commits any of the following acts or offenses: 1.Fraud in procuring a license. 2.Professional incompetence. 3.Knowingly making misleading,deceptive,untrue,or fraudulent misrepresentations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public.Proof of actual injury need not be established. 4.Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the profession.A copy of the record or conviction or plea of guilty shall be conclusive evidence of such conviction. 5.Fraud in representations as to skill or ability. 6.Use of untruthful or improbable statements in advertisements. 7.Willful or repeated violations of this chapter. 8.Aiding and abetting a person who is not licensed pursuant to this chapter in that person’s pursuit of an unauthorized and unlicensed plumbing,mechanical,HVAC, refrigeration,sheet metal,or hydronic professional practice. 9.Failure to meet the commonly accepted standards of professional competence. 10.Any other such grounds as established by rule by the board. 2007 Acts,ch 198,§22;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§23,34;2013 Acts, ch 77,§27,28,36 Referred to in §272C.3,§272C.4 105.23 Jurisdiction of revocation and suspension proceedings. The board shall have exclusive jurisdiction of all proceedings to revoke or suspend a license issued pursuant to this chapter.The board may initiate proceedings under this chapter or chapter 272C,following procedures set out in section 272C.6,either on its own motion or on the complaint of any person.The board,in connection with a proceeding under this chapter, may issue subpoenas to compel attendance and testimony of witnesses and the disclosure of evidence,and may request the attorney general to bring an action to enforce the subpoena. 2007 Acts,ch 198,§23;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§24,34 Referred to in §272C.5 105.24 Notice and default. 1.A written notice stating the nature of the charge or charges against a licensee and the time and place of the hearing before the board on the charges shall be served on the licensee not less than thirty days prior to the date of hearing either personally or by mailing a copy by certified mail to the last known address of the licensee. 2.If,after having been served with the notice of hearing,the licensee fails to appear at Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) §105.24,PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS 12 the hearing,the board may proceed to hear evidence against the licensee and may enter such order as is justified by the evidence. 2007 Acts,ch 198,§24;2008 Acts,ch 1089,§10,12 Referred to in §272C.5 105.25 Advertising —violations —penalties. 1.Only a person who is duly licensed pursuant to this chapter may advertise the fact that the person is licensed as a contractor or as a plumbing,mechanical,HVAC-refrigeration, sheet metal,or hydronic professional by the state of Iowa. 2.All written advertisements distributed in this state by a person who is engaged in the business of designing,installing,or repairing plumbing,HVAC,refrigeration,sheet metal,or hydronic systems shall include the listing of the contractor license number,as applicable. 3.A person who fraudulently claims to be a licensed contractor or a licensed plumbing, mechanical,HVAC-refrigeration,sheet metal,or hydronic professional pursuant to this chapter,either in writing,cards,signs,circulars,advertisements,or other communications, is guilty of a simple misdemeanor. 4.A person who fraudulently lists a license number in connection with that person’s advertising or falsely displays a license number is guilty of a simple misdemeanor. 2007 Acts,ch 198,§25;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§25,34;2013 Acts, ch 77,§29,36 105.26 Injunction. A person engaging in any business or in the practice of any profession for which a license is required by this chapter without such license may be restrained by injunction. 2007 Acts,ch 198,§26;2008 Acts,ch 1089,§10,12 105.27 Civil penalty. 1.In addition to any other penalties provided for in this chapter,the board may,by order, impose a civil penalty,not to exceed five thousand dollars per offense,upon a person violating any provision of this chapter.Each day of a continued violation constitutes a separate offense,except that offenses resulting from the same or common facts or circumstances shall be considered a single offense.Before issuing an order under this section,the board shall provide the person written notice and the opportunity to request a hearing on the record.The hearing must be requested within thirty days of the issuance of the notice. 2.A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19. 3.If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1 or,if the order is stayed pending an appeal,within ten days after the court enters a final judgment in favor of the board,the board shall notify the attorney general.The attorney general may commence an action to recover the amount of the penalty,including reasonable attorney fees and costs. 4.An action to enforce an order under this section may be joined with an action for an injunction. 2007 Acts,ch 198,§27;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§26,34 105.28 Enforcement. The board shall enforce the provisions of this chapter.Every licensee and member of the board shall furnish the board such evidence as the licensee or member may have relative to any alleged violation which is being investigated. 2007 Acts,ch 198,§28;2008 Acts,ch 1089,§10,13;2009 Acts,ch 151,§27,34 105.29 Report of violators. Every licensee and every member of the board shall report to the board the name of every person who is practicing as a contractor or as a plumbing,mechanical,HVAC-refrigeration, sheet metal,or hydronic professional without a license issued pursuant to this chapter pursuant to the knowledge or reasonable belief of the person making the report.The Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) 13 PLUMBERS,MECHANICAL PROFESSIONALS,AND CONTRACTORS,§105.32 opening of an office or place of business for the purpose of providing any services for which a license is required by this chapter,the announcing to the public in any way the intention to provide any such service,the use of any professional designation,or the use of any sign, card,circular,device,vehicle,or advertisement,as a provider of any such services shall be prima facie evidence of engaging in the practice of a contractor or a plumbing,mechanical, HVAC-refrigeration,sheet metal,or hydronic professional. 2007 Acts,ch 198,§29;2008 Acts,ch 1089,§10,13;2009 Acts,ch 151,§28,34;2013 Acts, ch 77,§30,36 105.30 Attorney general. Upon request of the board,the attorney general shall institute in the name of the state the proper proceedings against any person charged by the department with violating any provision of this chapter. 2007 Acts,ch 198,§30;2008 Acts,ch 1089,§10,12;2009 Acts,ch 151,§29,34 105.31 License renewal and reissuance —transition provisions. 1.License expiration. a.All licenses that currently possess an expiration date prior to June 30,2014,shall be granted a one-time extension of the expiration date to June 30,2014,at no additional charge or continuing education requirements.The licensees of these licenses shall pay a full renewal fee upon renewal and shall be issued a license with an expiration date of June 30,2017. Applicable late renewal fees shall apply during this period. b.Licenses with an expiration date of July 1,2014,or later shall have the license renewal fee prorated using a one-sixth deduction for each six-month period following July 1,2014. Applicable late renewal fees shall apply during this period.Licenses renewed through June 29,2017,shall be issued with an expiration date of June 30,2017. 2.License reissue.A license reissued pursuant to this subsection shall be for the same level of license held by the licensee on April 26,2013,but may be for a class described in paragraphs “a”through “e”,if applicable.A license shall be reissued at the date of the first renewal. a.An individual with either an HVAC or a refrigeration license will be issued an HVAC-refrigeration license. b.An individual who holds an HVAC and a hydronic license will be issued a mechanical license at the first renewal. c.An individual who holds a refrigeration and a hydronic license will be issued a mechanical license. d.An individual who holds only a hydronic license will be issued a hydronic license. e.An individual who holds an HVAC or a refrigeration license may take the hydronic test before June 30,2014,in order to be issued a mechanical license at the time of renewal. 2013 Acts,ch 77,§31,36 For provisions relating to the development of a combined process for contractor licensing under this chapter and contractor registration under chapter 91C,to be implemented in time for license renewals due July 1,2017,see §91C.1(3) 105.32 Voluntar y early renewal of license. A licensee whose license expires between June 30,2014,and July 1,2017,may voluntarily renew the license early so the license has an expiration date of June 30,2017.This voluntary early renewal may happen at any time on or after July 1,2014.The department shall promulgate rules that allow for this one-time early renewal process,including fees and continuing education requirements. 2013 Acts,ch 77,§32,36;2013 Acts,ch 140,§57 Fri Jan 08 18:44:04 2016 Iowa Code 2016,Chapter 105 (16,1) IAC 3/30/16 Public Health[641]Ch 25,p.1 CHAPTER 25 STATE PLUMBING CODE [Prior to 7/29/87,see Health Department[470]Ch 25] 641—25.1(105)Adoption.Section 101 and Chapters 2 to 17 of the Uniform Plumbing Code,2015 Edition,as published by the International Association of Plumbing and Mechanical Officials,4755 E. Philadelphia Street,Ontario,California 91761-2816,are hereby adopted by reference with amendments as the state plumbing code authorized by Iowa Code section 105.4.Portions of this chapter reproduce excerpts from the 2015 International Plumbing Code;Copyright 2014;Washington,D.C.:International Code Council.Such excerpts are reproduced with permission,all rights reserved.www.ICCSAFE.org [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13;ARC 2474C,IAB 3/30/16,effective 6/1/16] 641—25.2(105)Applicability.The provisions of this code are applicable to the plumbing in buildings or on premises in Iowa. [ARC 8860B,IAB 6/16/10,effective 7/21/10] 641—25.3(105)Fuel gas piping.Fuel gas piping shall comply with the requirements of Chapter 12 of the Uniform Plumbing Code,2015 Edition,unless the provisions conflict with 661—Chapter 226, Liquefied Petroleum Gas,Iowa Administrative Code.Where Chapter 12 conflicts with 661—Chapter 226,the provisions of 661—Chapter 226 shall be followed. [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13;ARC 2474C,IAB 3/30/16,effective 6/1/16] 641—25.4(105)Amendments to Uniform Plumbing Code.The Uniform Plumbing Code (UPC),as adopted by reference in rule 641—25.1(105),shall be amended as follows: 25.4(1)The following amendment shall apply to UPC Chapter 1: Subsection 101.11.5 Moved Buildings.Modify the subsection by deleting “except as provided for in Section 103.5.8.2”from the last sentence in the subsection. 25.4(2)The following amendments shall apply to UPC Chapter 3: a.Subsection 301.4.1 Permit Application.Delete the subsection. b.Subsection 314.4.1 Installation of Thermoplastic Pipe and Fittings.Trench width for thermoplastic pipe shall be limited to six times the outside diameter of the piping at the base. Thermoplastic piping shall be bedded in not less than 4 inches (102 mm)of aggregate bedding material supporting the pipe.Initial backfill shall encompass the pipe.Aggregate material shall be three-eighths (3/8)inch p-gravel or 1-inch clean class one bedding. 25.4(3)The following amendments shall apply to UPC Chapter 4: a.Section 407.3 Limitation of Hot Water Temperature for Public Lavatories.Modify the section by adding the following sentence to the end of the section:“These devices shall be installed at or as close as possible to the point of use.” b.Section 408.4 Waste Outlet.Modify the section by adding the following exception to the end of the section:“Exception:In a residential dwelling unit where a 2-inch waste pipe is not readily available and approval of the Authority Having Jurisdiction has been granted,the waste outlet,fixture tailpiece, trap and trap arm may be 1½inch when an existing tub is being replaced by a shower sized per Section 408.6(2).This exception only applies where one shower head rated at 2.5 gpm is installed.” c.Section 409.4 Limitation of Hot Water in Bathtubs and Whirlpool Bathtubs.Modify the section by adding the following sentence to the end of the section:“These devices shall be installed at or as close as possible to the point of use.” d.Section 410.3 Limitation of Water Temperature in Bidets.Modify the section by adding the following sentence to the end of the section:“These devices shall be installed at or as close as possible to the point of use.” e.Section 416.5 Drain.Modify the section by deleting the last sentence,which states:“Where a drain is provided,the discharge shall be in accordance with Section 811.0.” Ch 25,p.2 Public Health[641]IAC 3/30/16 f.Section 418.3 Location of Floor Drains.Modify the section by adding the following to the end of the section:“(5)Rooms equipped with a water heater.” g.Subsection 421.1 General.Modify the subsection by deleting “Table 1401.1 of this code”and inserting the following in lieu thereof:“Chapter 11 of the 2015 International Building Code.” h.Section 422.1 Fixture Count.Modify the section by deleting the first paragraph and inserting the following in lieu thereof:“Plumbing fixtures shall be provided in each building,for the type of building occupancy,and in the minimum number shown in Table 403.1 of the International Plumbing Code,reprinted here as Table 422.1.The design occupant load and occupancy classification shall be determined in accordance with Section 1004 of the 2015 International Building Code.Required public facilities shall be designated by a legible sign for each sex.Signs shall be readily visible and located near the entrance to each toilet facility.” i.Subsection 422.1.1 Family or Assisted-Use Toilet and Bathing Facilities.Modify the subsection by adding the following sentence to the end of the subsection:“Required family or assisted-use fixtures are permitted to be included in the number of required fixtures for either the male or female occupants in assembly and mercantile occupancies.” j.Table 422.1 Minimum Plumbing Facilities.Delete the table and insert the following table in lieu thereof: I A C 3 / 3 0 / 1 6 P u b l i c H e a l t h [ 6 4 1 ] C h 2 5 , p . 3 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER A-1d Theaters and other buildings for the performing arts and motion pictures 1 per 125 1 per 65 1 per 200 —1 per 500 1 service sink Nightclubs,bars,taverns, dance halls and buildings for similar purposes 1 per 40 1 per 40 1 per 75 —1 per 500 1 service sink A-2d Restaurants,banquet halls and food courts 1 per 75 1 per 75 1 per 200 —1 per 500 1 service sink Auditoriums without permanent seating,art galleries,exhibition halls, museums,lecture halls, libraries,arcades and gymnasiums 1 per 125 1 per 65 1 per 200 —1 per 500 1 service sink Passenger terminals and transportation facilities 1 per 500 1 per 500 1 per 750 —1 per 1,000 1 service sink A-3d Places of worship and other religious services 1 per 150 1 per 75 1 per 200 —1 per 1,000 1 service sink 1 Assembly A-4 Coliseums,arenas, skating rinks,pools and tennis courts for indoor sporting events and activities 1 per 75 for the first 1,500 and 1 per 120 for the remainder exceeding 1,500 1 per 40 for the first 1,520 and 1 per 60 for the remainder exceeding 1,520 1 per 200 1 per 150 —1 per 1,000 1 service sink C h 2 5 , p . 4 P u b l i c H e a l t h [ 6 4 1 ] I A C 3 / 3 0 / 1 6 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER 1 Assembly (cont’d)A-5 Stadiums,amusement parks,bleachers and grandstands for outdoor sporting events and activities 1 per 75 for the first 1,500 and 1 per 120 for the remainder exceeding 1,500 1 per 40 for the first 1,520 and 1 per 60 for the remainder exceeding 1,520 1 per 200 1 per 150 —1 per 1,000 1 service sink 2 Business B Buildings for the transaction of business, professional services, other services involving merchandise,office buildings,banks,light industrial and similar uses 1 per 25 for the first 50 and 1 per 50 for the remainder exceeding 50 1 per 40 for the first 80 and 1 per 80 for the remainder exceeding 80 —1 per 100 1 service sinke 3 Educational E Educational facilities 1 per 50 1 per 50 —1 per 100 1 service sink 4 Factory and Industrial F-1 and F-2 Structures in which occupants are engaged in work fabricating, assembly or processing of products or materials 1 per 100 1 per 100 (See Section 416)1 per 400 1 service sink I-1 Residential care 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink Hospitals,ambulatory nursing home recipient 1 per roomc 1 per roomc 1 per 15 1 per 100 1 service sink per floor Employees,other than residential careb 1 per 25 1 per 35 —1 per 100 — 5 Institutional I-2 Visitors,other than residential care 1 per 75 1 per 100 —1 per 500 — I A C 3 / 3 0 / 1 6 P u b l i c H e a l t h [ 6 4 1 ] C h 2 5 , p . 5 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER Prisonsb 1 per cell 1 per cell 1 per 15 1 per 100 1 service sink Reformatories,detention centers,and correctional centersb 1 per 15 1 per 15 1 per 15 1 per 100 1 service sink I-3 Employeesb 1 per 25 1 per 35 —1 per 100 — 5 Institutional (cont’d) I-4 Adult day care and child care 1 per 15 1 per 15 1 1 per 100 1 service sink 6 Mercantile M Retail stores,service stations,shops, salesrooms,markets and shopping centers 1 per 500 1 per 750 —1 per 1,000 1 service sinke R-1 Hotels,motels,boarding houses (transient)1 per sleeping unit 1 per sleeping unit 1 per sleeping unit —1 service sink R-2 Dormitories,fraternities, sororities and boarding houses (not transient) 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink 7 Residential R-2 Apartment house 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit — 1 kitchen sink per dwelling unit;1 automatic clothes washer connection per 20 dwelling units C h 2 5 , p . 6 P u b l i c H e a l t h [ 6 4 1 ] I A C 3 / 3 0 / 1 6 TABLE 422.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURESa (Reprinted,with permission,*from the 2015 International Plumbing Code,excerpt from IPC Table 403.1) WATER CLOSETS (Urinals,see Sections 411.0 and 412.0)LAVATORIES NO.CLASSIFICATION OCCUPANCY DESCRIPTION MALE FEMALE MALE FEMALE BATHTUBS/ SHOWERS DRINKING FOUNTAIN (See Section 415.0)OTHER R-3 Congregate living facilities with 16 or fewer persons 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink R-3 One-and two-family dwellings and lodging houses with five or fewer guestrooms 1 per dwelling unit 1 per dwelling unit 1 per dwelling unit — 1 kitchen sink per dwelling unit;1 automatic clothes washer connection per dwelling unit 7 Residential (cont’d) R-4 Congregate living facilities with 16 or fewer persons 1 per 10 1 per 10 1 per 8 1 per 100 1 service sink 8 Storage S-1 and S-2 Structures for the storage of goods,warehouses, storehouses and freight depots.Low and Moderate Hazard. 1 per 100 1 per 100 See Section 416 1 per 1,000 1 service sink IAC 3/30/16 Public Health[641]Ch 25,p.7 a The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated.The number of occupants shall be determined by the International Building Code. b Toilet facilities for employees shall be separate from facilities for inmates or care recipients. c A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted provided that each patient sleeping unit has direct access to the toilet room and provision for privacy for the toilet room user is provided. d The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required. e For business and mercantile occupancies with an occupant load of 15 or fewer,service sinks shall not be required. *Excerpted (with modifications)from Table 403.1 of the 2015 International Plumbing Code;Copyright 2014;Washington,D.C.: International Code Council.Reproduced with permission.All rights reserved.www.ICCSAFE.org k.Insert the following text at the end of Chapter 4: “422.6 Pay Facilities.Where pay facilities are installed and permissible under Iowa law,such facilities shall be in excess of the required minimum facilities.Required facilities shall be free of charge. “422.7 Substitution for Water Closets.In each bathroom or toilet room,urinals shall not be substituted for more than 67 percent of the required water closets in assembly and educational occupancies.Urinals shall not be substituted for more than 50 percent of the required water closets in all other occupancies.(Reprinted from the 2015 International Plumbing Code section 419.2)” 25.4(4)The following amendment shall apply to UPC Chapter 5: Sections 503.0 through 503.2 Inspection.Delete the sections. 25.4(5)The following amendments shall apply to UPC Chapter 6: a.Section 603.4.8 Drain Lines.Modify the section by adding the following language to the end of the section:“or in accordance with the manufacturer’s drain-sizing chart for installation.” b.Section 609.11 Pipe Insulation.Delete sections 609.11 through 609.11.2 and insert the following in lieu thereof: Section 609.11 Pipe Insulation.Insulation of domestic hot water piping shall be in accordance with the applicable energy conservation code. c.Section 611.4 Sizing of Residential Softeners.Modify the section by adding the following to the end of the last sentence in the section:“or as specified in the manufacturer ’s installation instructions.” d.Section 612 Residential Fire Sprinkler Systems.Delete sections 612.0 through 612.7.2. 25.4(6)The following amendment shall apply to UPC Chapter 7: Section 710.1 Backflow Protection.Modify the section by adding the following sentences to the end of the section:“The requirement for the installation of a backwater valve shall apply only when determined necessary by the authority having jurisdiction based on local conditions.When a valve is required by the authority having jurisdiction,it shall be a manually operated gate valve or fullway ball valve.An automatic backwater valve may also be installed but is not required.” 25.4(7)The following amendment shall apply to UPC Chapter 8: Section 804.7 Domestic Dishwashing Machine.Modify the section by deleting the section and inserting the following language in lieu thereof:“No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer without the use of an approved dishwasher air gap fitting on the discharge side of the dishwashing machine,or by looping the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink where the waste disposer is connected.Listed air gap fittings shall be installed with the flood level (FL)marking at or above the flood level of the sink or drainboard,whichever is higher.” 25.4(8)The following amendment shall apply to UPC Chapter 9: a.Section 906.7 Frost or Snow Closure.Modify the section by deleting “two (2)inches (50.8 mm)”in the first sentence and inserting “three (3)inches (76.2 mm)”in lieu thereof. b.Section 908.2.2 Size.Delete the second sentence in this section and insert the following new sentence in lieu thereof:“The wet vent shall be not less than 2 inches (50 mm)in diameter for 6 drainage fixture units (dfu)or less,and not less than 3 inches (80 mm)in diameter for 7 dfu or more.” 25.4(9)The following amendment shall apply to UPC Chapter 10: Ch 25,p.8 Public Health[641]IAC 3/30/16 a.Table 1002.2 Horizontal Lengths of Trap Arms.Delete the table and insert the following table in lieu thereof: TABLE 1002.2 Horizontal Lengths of Trap Arms (Except for Water Closets and Similar Features)1,2 Trap Arm Diameter (inches) Distance Trap to Vent Minimum (inches) Length Maximum (feet) 1¼2½5 1½3 6 2 4 8 3 6 12 4 8 12 Exceeding 4 2 × Diameter 12 For SI units:1 inch =25.4 mm Notes: 1Maintain ¼inch per foot slope (20.8 mm/m). 2The developed length between the trap of a water closet or similar fixture (measured from the top of the closet flange to the inner edge of the vent)and its vent shall not exceed 6 feet (1829 mm). b.Section 1014.1.3 Food Waste Disposers and Dishwashers.Modify the section by deleting the second sentence and inserting the following in lieu thereof:“Commercial food waste disposers shall discharge into the building’s drainage system in accordance with the requirements of the Authority Having Jurisdiction.” 25.4(10)The following amendments shall apply to UPC Chapter 12: a.Sections 1203.0 through 1203.4 Inspection.Delete the sections. b.Sections 1204.0 through 1204.3 Certificate of Inspection.Delete the sections. c.Sections 1205.0 through 1205.2 Authority to Render Gas Service.Delete the sections. d.Sections 1207.0 and 1207.1 Temporary Use of Gas.Delete the sections. 25.4(11)The following amendments shall apply to UPC Chapter 13: a.Sections 1311.0 through 1311.4 Plan Review.Delete the sections. b.Section 1326.3 Advance Notice.Delete the section. c.Section 1326.4 Responsibility.Delete the section. d.Section 1326.5 Testing.Delete the section. e.Section 1326.6 Retesting.Modify the section by deleting “the Authority Having Jurisdiction finds that”and “or inspection”from the first sentence. f.Section 1327.4 Report Items.Modify the section by deleting “Authority Having Jurisdiction” and inserting “responsible facility authority”in lieu thereof. 25.4(12)The following amendment shall apply to UPC Chapter 15: Sections 1506.0 through 1506.4 Required Inspection.Delete the sections. 25.4(13)The following amendments shall apply to UPC Chapter 16: a.Section 1601.3 Permit.Delete the section. b.Section 1601.6 Operation and Maintenance Manual.Modify the section by deleting “required to have a permit in accordance with Section 1601.3”from the first sentence. c.Section 1603.2 Permit.Delete the section. d.Subsection 1603.11.2.1 Visual System Inspection.Modify the subsection by deleting “by the Authority Having Jurisdiction and other authorities having jurisdiction”from the first sentence. e.Subsection 1603.11.2.2 Cross-Connection Test.Modify the subsection by deleting “by the applicant in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction” from the first sentence. f.Subsection 1603.11.2.3 Discovery of Cross-Connection.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction.” g.Section 1604.2 Plumbing Plan Submission.Delete the section. IAC 3/30/16 Public Health[641]Ch 25,p.9 h.Section 1604.5 Initial Cross-Connection Test.Modify the section by deleting “by the applicant in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction,”and by deleting the final sentence (“The test shall be ruled successful by the Authority Having Jurisdiction before final approval is granted.”). i.Subsection 1604.12.2.1 Visual System Inspection.Modify the subsection by deleting “by the Authority Having Jurisdiction and other authorities having jurisdiction.” j.Subsection 1604.12.2.2 Cross-Connection Test.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction.” k.Subsection 1604.12.2.3 Discovery of Cross-Connection.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction.” 25.4(14)The following amendments shall apply to UPC Chapter 17: a.Section 1702.2 Plumbing Plan Submission.Delete the section. b.Section 1702.5 Initial Cross-Connection Test.Modify the section by deleting the second and third sentences (“Before the building is occupied or the system is activated,the installer shall perform the initial cross-connection test in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction.The test shall be ruled successful by the Authority Having Jurisdiction before final approval is granted.”). c.Subsection 1702.11.2.1 Visual System Inspection.Modify the subsection by deleting “by the Authority Having Jurisdiction and other authorities having jurisdiction.” d.Subsection 1702.11.2.2 Cross-Connection Test.Modify the subsection by deleting “by the applicant in the presence of the Authority Having Jurisdiction and other authorities having jurisdiction.” e.Subsection 1702.11.2.3 Discovery of Cross-Connection.Modify the subsection by deleting “in the presence of the Authority Having Jurisdiction.” [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13;ARC 2474C,IAB 3/30/16,effective 6/1/16] 641—25.5(105)Backflow prevention with containment.Cities with populations of 15,000 or greater as determined by the 1990 census or any subsequent regular or special census shall have a backflow prevention program with containment.The minimum requirements for a program are given in subrules 25.5(1)through 25.5(5).These requirements are in addition to the applicable requirements of Section 603 of the Uniform Plumbing Code,2012 Edition. 25.5(1)Definitions.The following definitions are added to those in Chapter 2 and Section 603 of the Uniform Plumbing Code,2012 Edition,or are modified from those definitions for the purposes of rule 641—25.5(105)only. a.Administrative authority.The administrative authority for this rule is the city council and its designees or,with respect to private water utilities,the Iowa utilities board. b.Approved backflow prevention assembly for containment.Approved backflow prevention assembly for containment means a backflow prevention assembly which is approved by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research.The approval listing shall include the limitations of use based on the degree of hazard.The backflow prevention assembly shall also be listed by the International Association of Plumbing and Mechanical Officials (IAPMO)or by the American Society of Sanitary Engineering (ASSE)as having met the requirements of one of the standards listed below. Ch 25,p.10 Public Health[641]IAC 3/30/16 Standard Product Covered ANSI¤/ASSE*1013-2009 Reduced Pressure Principle Backflow Preventers ANSI¤/ASSE*1015-2009 Double Check Backflow Prevention Assembly ANSI¤/ASSE*1047-2009 Reduced Pressure Detector Backflow Preventer ANSI¤/ASSE*1048-2009 Double Check Detector Assembly Backflow Preventer ANSI¤/AWWA†C510-07 Double Check Valve Backflow Prevention Assembly ANSI¤/AWWA†C511-07 Reduced-Pressure Principle Backflow Prevention Assembly ¤American National Standards Institute,1819 L Street NW,Washington,DC 20036 *American Society of Sanitary Engineering,901 Canterbury Road,Suite A,Westlake,OH 44145 †American Water Works Association,6666 West Quincy Avenue,Denver,CO 80235 c.Approved backflow prevention assembly for containment in a fire protection system.Approved backflow prevention assembly for containment in a fire protection system means a backflow prevention assembly to be used in a fire protection system which meets the requirements of Factory Mutual Research Corporation (FM)and Underwriters Laboratory (UL)in addition to the requirements of 25.5(1)“b.” d.Containment.Containment is a method of backflow prevention which requires a backflow prevention assembly on certain water services.Containment requires that the backflow prevention assembly be installed on the water service as close to the public water supply main as is practical. e.Customer.Customer means the owner,operator or occupant of a building or property which has a water service from a public water system,or the owner or operator of a private water system which has a water service from a public water system. f.Degree of hazard.Degree of hazard means the rating of a cross connection or a water service which indicates if it has the potential to cause contamination (high hazard)or pollution (low hazard). g.Water service.Depending on the context,water service is the physical connection between a public water system and a customer’s building,property or private water system,or the act of providing potable water from a public water system to a customer. 25.5(2)Proposed water service. a.No person shall install,or cause to have installed,a water service to a building,property or private water system before the administrative authority has evaluated the proposed water service for degree of hazard. b.The administrative authority shall require the submission of plans,specifications and other information deemed necessary for a building,property or private water system to which a water service is proposed.The administrative authority shall review the information submitted to determine if cross connections will exist and the degree of hazard. c.The owner of a building,property or private water system shall install,or cause to have installed, an approved backflow prevention assembly for containment as directed by the administrative authority before water service is initiated. d.Reconstruction of an existing water service shall be treated as a proposed water service for the purposes of rule 641—25.5(135). 25.5(3)Existing water services. a.Each customer shall survey the activities and processes which receive water from the water service and shall report to the administrative authority if cross connections exist and the degree of hazard. b.The administrative authority may inspect the plumbing of any building,property and private water system which has a water service to determine if cross connections exist and the degree of hazard. c.If,based on information provided through 25.5(3)“a”and “b,”the administrative authority determines that a water service may contaminate the public water supply,the administrative authority shall require that the customer install the appropriate backflow prevention assembly for containment. IAC 3/30/16 Public Health[641]Ch 25,p.11 d.If a customer refuses to install a backflow prevention assembly for containment when it is required by the administrative authority,the administrative authority may order that water service to the customer be discontinued until an appropriate backflow prevention assembly is installed. 25.5(4)Backflow prevention assemblies for containment. a.Backflow prevention assemblies for containment shall be installed immediately following the water meter or as close to that location as deemed practical by the administrative authority. b.A water service determined to present a high hazard shall be protected by an air gap or an approved reduced-pressure principle backflow prevention assembly. c.A water service determined to present a low hazard shall be protected by an approved double check valve assembly or as in 25.5(4)“b.” d.A water service to a fire protection system shall be protected from backflow in accordance with the recommendations of American Water Works Association Manual M14.Where backflow prevention is required for a fire protection system,an approved backflow prevention assembly for containment in a fire protection system shall be used. 25.5(5)Backflow incidents. a.The customer shall immediately notify the agency providing water service when the customer becomes aware that backflow has occurred in the building,property or private water system receiving water service. b.The administrative authority may order that a water service be temporarily shut off when a backflow occurs in a customer’s building,property or private water system. [ARC 8860B,IAB 6/16/10,effective 7/21/10;ARC 1089C,IAB 10/16/13,effective 11/20/13] These rules are intended to implement Iowa Code chapter 105 as amended by 2013 Iowa Acts,Senate File 427. [Filed 12/3/81,Notice 9/2/81—published 12/23/81,effective 1/27/82] [Filed 2/24/84,Notice 10/26/83—published 3/14/84,effective 4/18/84] [Filed emergency 7/11/86 after Notice 4/23/86—published 7/30/86,effective 7/11/86] [Filed emergency 7/10/87—published 7/29/87,effective 7/10/87] [Filed 1/17/89,Notice 11/16/88—published 2/8/89,effective 3/15/89] [Filed 7/17/92,Notice 1/22/92—published 8/5/92,effective 9/9/92] [Filed 5/13/96,Notice 3/13/96—published 6/5/96,effective 7/10/96] [Filed 9/14/01,Notice 8/8/01—published 10/3/01,effective 11/19/01] [Filed ARC 8860B (Notice ARC 8703B,IAB 4/21/10),IAB 6/16/10,effective 7/21/10] [Filed ARC 1089C (Notice ARC 0811C,IAB 6/26/13),IAB 10/16/13,effective 11/20/13] [Filed ARC 2474C (Notice ARC 2317C,IAB 12/23/15),IAB 3/30/16,effective 6/1/16] IAC 3/30/16 Public Health[641]Ch 61,p.1 CHAPTER 61 STATE MECHANICAL CODE 641—61.1(105)Definitions.The following definitions apply to this chapter: “Ambulatory health care facility”means a facility or portion thereof used to provide services or treatment that provides,on an outpatient basis,treatment for one or more patients that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others;or provides,on an outpatient basis,anesthesia that renders the patient incapable of taking action for self-preservation under emergency conditions without the assistance of others. “Hospice”means a facility licensed or seeking licensure pursuant to Iowa Code section 135J.2. “Hospital”means a facility licensed or seeking licensure pursuant to Iowa Code chapter 135B. “Intermediate care facility for persons with an intellectual disability”means a facility licensed or seeking licensure pursuant to Iowa Code section 135C.2(3)“c.” “Life Safety Code”means the 2000 edition of the Life Safety Code of the National Fire Protection Association,Batterymarch Park,Quincy,MA 02269,or the most recent version of the Life Safety Code adopted by reference by the federal Centers for Medicare and Medicaid Services. “Nursing facility”means a facility licensed or seeking licensure pursuant to Iowa Code section 135C.6,including a nursing facility for intermediate care or a nursing facility for skilled care. [ARC 1494C,IAB 6/11/14,effective 7/16/14] 641—61.2(105)Adoption by reference.The provisions of the International Mechanical Code,2015 edition,published by the International Code Council,4051 West Flossmoor Road,Country Club Hills,IL 60478,are hereby adopted by reference as the requirements for the design,installation, maintenance,alteration,and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings,with the following amendments: 61.2(1)Delete section 101.1. 61.2(2)In section 101.2,delete the phrase “International Fuel Gas Code”and insert in lieu thereof “NFPA 54,National Fuel Gas Code,2015 edition;NFPA 58,Liquefied Petroleum Gas Code,2014 edition;the provisions of 661—Chapter 226;and the state plumbing code.” 61.2(3)Delete sections 103,104,105,106,107,108,109,and 110 and sections therein. 61.2(4)Delete section 401.1 and insert in lieu thereof the following new section: 401.1 Scope.This chapter shall govern the ventilation of spaces within a building intended to be occupied.These buildings shall meet either the requirements of ASHRAE Standard 62.1,“Ventilation for Acceptable Indoor Air Quality,”2013 edition,published by the American Society of Heating, Refrigeration,and Air-Conditioning Engineers,1791 Tullie Circle N.E.,Atlanta,GA 30329,or the requirements contained in this chapter.Mechanical exhaust systems,including exhaust systems serving clothes dryers and cooking appliances;hazardous exhaust systems;dust,stock,and refuse conveyor systems;subslab soil exhaust systems;smoke control systems;energy recovery ventilation systems; and other systems specified in Section 502 shall comply with Chapter 5. 61.2(5)Add the following footnote “i”related to the gym,stadium,arena (play area)category of the sports and amusement occupancy classification in Table 403.3,Minimum Ventilation Rates: i.When combustion equipment is intended to be used on the playing surface,additional dilution ventilation and/or source control shall be provided. 61.2(6)Delete section 504.8.2 and insert in lieu thereof the following new section: 504.8.2 Duct Installation.Exhaust ducts shall be supported at 4-foot (1219 mm)intervals and secured in place.The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow.Ducts shall not be joined by screws or similar fasteners that protrude into the inside of the duct. 61.2(7)Delete appendices A and B. 61.2(8)Delete all references to the “International Plumbing Code”and insert in lieu thereof “state plumbing code.” [ARC 1494C,IAB 6/11/14,effective 7/16/14;ARC 2473C,IAB 3/30/16,effective 6/1/16] Ch 61,p.2 Public Health[641]IAC 3/30/16 641—61.3(105)Hospitals and health care facilities. 61.3(1)A hospital that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the hospital is in compliance with the provisions of rule 661—205.5(100).In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the hospital shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(2)A nursing facility or hospice that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the nursing facility or hospice is in compliance with the provisions of rule 661—205.10(100). In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the nursing facility or hospice shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(3)An intermediate care facility for persons with an intellectual disability or intermediate care facility for persons with mental illness that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the intermediate care facility is in compliance with the provisions of rule 661—205.15(100). In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the intermediate care facility shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(4)An ambulatory health care facility that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the fire safety requirements of the state mechanical code if the ambulatory health care facility is in compliance with the provisions of rule 661—205.20(100).In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the ambulatory health care facility shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. 61.3(5)A religious nonmedical health care institution that is required to meet the provisions of the state mechanical code shall be deemed to be in compliance with the provisions of the state mechanical code if the institution is in compliance with the provisions of rule 661—205.25(100).In any other case in which an applicable requirement of the Life Safety Code is inconsistent with an applicable requirement of the state mechanical code,the religious nonmedical health care institution shall be deemed to be in compliance with the state mechanical code requirement if the Life Safety Code requirement is met. [ARC 1494C,IAB 6/11/14,effective 7/16/14] 641—61.4(105)Enforcement.Any state or local jurisdiction retaining authority to perform inspections of mechanical installations in the state of Iowa shall retain initial interpretive authority over the state mechanical code and may implement an appeals process with respect to such interpretation.Ultimate appeal of any initial interpretation may be made to the plumbing and mechanical systems board by the filing of a petition for declaratory order pursuant to rule 641—57.1(17A)or the filing of a petition for waiver pursuant to 641—Chapter 31. [ARC 1494C,IAB 6/11/14,effective 7/16/14] These rules are intended to implement Iowa Code section 105.4. [Filed ARC 1494C (Notice ARC 1364C,IAB 3/5/14),IAB 6/11/14,effective 7/16/14] [Filed ARC 2473C (Notice ARC 2274C,IAB 12/9/15),IAB 3/30/16,effective 6/1/16]