General Assembly: 83 (2009 Regular GA) - Chapter 91 - Licensing of fire protection systems installers and maintenance workers


Published: 2009-04-24

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322LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 90

CH. 90CH. 90

CHAPTER 90 TRANSPORTERS OF IOWA VETERANS HOME MEMBERS

— CHAUFFEUR’S LICENSE EXEMPTION

H.F. 321

AN ACT exempting certain persons who transport members of the Iowa veterans home from the requirement to be licensed as a chauffeur.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 321.1, subsection 8, Code 2009, is amended by adding the following new unnumbered paragraph: NEWUNNUMBEREDPARAGRAPH. If authorized to transport patients or residents of the

Iowa veterans home by the commandant or the commandant’s designee, an employee of or volunteer at the Iowa veterans home is not a chauffeur when transporting the patients or resi- dents in an automobile in the course of the employee’s or volunteer’s normal duties.

Approved April 24, 2009

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CH. 91CH. 91

CHAPTER 91 LICENSING OF FIRE PROTECTION SYSTEMS INSTALLERS

AND MAINTENANCE WORKERS

H.F. 400

AN ACT relating to the licensing of persons installing fire protection systems.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. 2008 Iowa Acts, chapter 1094, section 2, subsection 1, is amended to read as fol- lows: 1. “Apprentice sprinkler fitter” means a person who, as a principal occupation, is engaged

in learning the fire protection system industry trade under the direct supervision of a certified fire extinguishing system contractor or licensed fire sprinkler installer and maintenance worker andwho is registered with the United States department of labor, office of apprentice- ship.

Sec. 2. 2008 Iowa Acts, chapter 1094, section 2, is amended by adding the following new subsection: NEW SUBSECTION. 2A. “Division” means division of the state fire marshal in the depart-

ment.

Sec. 3. 2008 IowaActs, chapter 1094, section 2, subsection 7, is amended to read as follows: 7. “Fire sprinkler installer andmaintenanceworker”means a personwho, as a principal oc-

cupation, and having the necessary qualifications, training, experience, and technical knowl- edge, conducts fire protection system installation andmaintenance, andwho is licensed by the department.

Sec. 4. 2008 IowaActs, chapter 1094, section 3, subsection 1, is amended to read as follows: 1. A On or after January 1, 2010, a person shall not perform fire protection system installa-

323 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 91

tions or fire protection systemmaintenancewithout first obtaining holding a current, valid fire protection sprinkler installer andmaintenanceworker license issued pursuant to this chapter. a. An employee of a fire extinguishing system contractor working as an apprentice sprin-

kler fitter performing fire protection system installation or maintenance under the direct su- pervision of an on-site licensed fire sprinkler installer andmaintenanceworker is not required to obtain hold a current, valid fire sprinkler installer and maintenance worker license. b. Apersonwho installs or demolisheswalls, ceilings, flooring, insulation, or associatedma-

terials or apersonwhodemolishes sprinkler pipe is not subject to theprovisions of this chapter except when the work involves a complete sprinkler system. c. A personwho is a responsiblemanaging employee of a fire extinguishing systemcontrac-

tor is not required to hold a current, valid fire sprinkler installer and maintenance worker li- cense.

Sec. 5. 2008 Iowa Acts, chapter 1094, section 3, subsection 5, is amended by striking the subsection.

Sec. 6. 2008 IowaActs, chapter 1094, section 3, subsection 2, is amended to read as follows: 2. A licensed fire sprinkler installer and maintenance worker must be present at all loca-

tions andat all timeswhen fire protection system installationwork is beingperformed. At least one licensed fire sprinkler installer and maintenance worker must be present for every three apprentice sprinkler fitters, or any other employees performingwork related to fire protection system installation.

Sec. 7. 2008 IowaActs, chapter 1094, section 3, subsection 6, is amended to read as follows: 6. On and after August 1, 2009 January 1, 2010, a governmental subdivision shall not issue

a license toaperson installinga fireprotection systemand shall not prohibit a person installing fire protection systems and licensed pursuant to this chapter from performing services for which that person is licensed pursuant to this chapter or enforce any licensing provisions promulgated by the governmental subdivision against a person licensed pursuant to this chap- ter.

Sec. 8. 2008 Iowa Acts, chapter 1094, section 4, is amended to read as follows: SEC. 4. 100D.3 FIRE SPRINKLER INSTALLER AND MAINTENANCE WORKER LI-

CENSE. 1. The state fire marshal shall issue a fire sprinkler installer and maintenance worker li-

cense to an applicant who possesses meets all of the following requirements: a. Possesses aminimumof four years of employment experience as an apprentice sprinkler

fitter and. b. Has completed a United States department of labor apprenticeship program and is. c. Is employed by a fire extinguishing system contractor, who either receives. However, an

applicant whose work on extinguishing systems will be restricted to systems on property owned or controlled by the applicant’s employer may obtain a license if the employer is not a certified contractor. d. Has received a passing score on the national inspection, testing, and certification star fire

sprinkler mastery exam or on an equivalent exam from a nationally recognized third-party testing agency that is approved by the state fire marshal, or who is certified at level one by the national institute for certification in engineering technologies based on general work ele- ments, as defined by the national institute for certification in engineering technologies, and as specified by rule by the state fire marshal. 2. The holder of a fire sprinkler installer andmaintenanceworker license shall be responsi-

ble for license fees, renewal fees, and continuing education hours. 3. The license of a fire sprinkler installer and maintenance worker licensee who ceases to

be employed by a fire extinguishing system contractor shall continue to be valid until it would otherwise expire, but the licensee shall not performwork requiring licensure under this chap-

324LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 91

ter until the licensee is again employed by a fire extinguishing system contractor. If the licens- ee becomes employed by a fire extinguishing system contractor other than the contractor which employed the licensee at the time the license was issued, the licensee shall notify the fire marshal and shall apply for an amendment to the license. The fire marshal may establish by rule a fee for amending a license. This subsection shall not extend the time period during which a license is valid. This subsection does not apply to a licensee whose work on extin- guishing systems is restricted to systemsonproperty ownedor controlledby the licensee’s em- ployer.

Sec. 9. 2008 Iowa Acts, chapter 1094, section 5, subsections 1 and 3, are amended to read as follows: 1. An applicant for a fire sprinkler installer and maintenance worker license or renewal of

an active license shall provide evidence of a public liability insurance policy and surety bond in an amount determined sufficient by the department fire marshal by rule. 3. The insurance and surety bond shall bewritten by an entity licensed to do business in this

state and each licensee shall maintain on file with the department a certificate evidencing the insurance providing that the insurance or surety bond shall not be canceled without the entity first giving fifteen days written notice to the department fire marshal.

Sec. 10. 2008 Iowa Acts, chapter 1094, section 6, subsection 5, is amended to read as fol- lows: 5. Adopt rules specifying a violation reporting procedure applicable to division employees,

deputy fire marshals, division inspectors, and municipal fire departments.

Sec. 11. 2008 Iowa Acts, chapter 1094, section 9, is amended to read as follows: SEC. 9. NEW SECTION. 100D.8 TEMPORARY PROVISIONAL LICENSURE. 1. Anapplicant for licensure under this chapter as a fire sprinkler installer andmaintenance

worker who possesses aminimumof four years of experience as an apprentice sprinkler fitter andwho has not successfully passed the licensure examination or achieved certification as re- quired pursuant to section 100D.3 by August 1, 2009 January 1, 2010, shall be issued a tempo- rary license as a fire sprinkler installer andmaintenanceworker for a period of sixty days com- mencing August 1, 2009 ending no later than June 30, 2010. A temporary provisional license shall be granted upon presentation of satisfactory evidence to the department fire marshal demonstrating experience and competency in conducting fire protection system installations and fire protection system maintenance according to criteria to be determined by the depart- ment fire marshal in rule. A temporary license shall not be renewed. 2. An applicant issued a temporary provisional license pursuant to this section shall pass

the licensure examination or achieve certification on or before February 1 June 30, 2010, in order to remain licensed as a fire sprinkler installer and maintenance worker. A temporary provisional license fee shall be established by the department firemarshal by rule. No tempo- rary provisional licenses will shall be issued after February April 1, 2010.

Sec. 12. 2008 IowaActs, chapter 1094, section 10, subsections 2 and 3, are amended to read as follows: 2. A passing score on the national inspection, testing and certification star fire sprinkler

mastery exam or an equivalent exam from a nationally recognized third-party testing agency that is approved by the state fire marshal. 3. A passing score on the NICET level I examination. Certification, based upon general

work elements, as defined by the national institute for certification in engineering technolo- gies, at level I by the national institute for certification in engineering technologies, and as specified by rule by the state fire marshal.

Sec. 13. 2008 Iowa Acts, chapter 1094, section 10, is amended by adding the following new unnumbered paragraph: NEWUNNUMBEREDPARAGRAPH. After July 31, 2012, a person licensedpursuant to this

section shall renew or obtain a license pursuant to section 100D.3.

325 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 92

Sec. 14. 2008 Iowa Acts, chapter 1094, section 12, is amended by adding the following new subsection: NEW SUBSECTION. 3. The provisions of this chapter shall not be construed to apply to a

person licensed as a plumber pursuant to chapter 105 who is working within the scope of the person’s license.

Sec. 15. 2008 Iowa Acts, chapter 1094, is amended by adding the following new section af- ter section 13: SEC. . NEW SECTION. 100D.13 TEMPORARY LICENSES. 1. The state fire marshal may issue a temporary fire sprinkler installer and maintenance

worker license to a person, providing that all of the following conditions are met: a. The person is currently licensed or certified to perform work as a fire sprinkler installer

and maintenance worker in another state. b. The personmeets any additional criteria for a temporary license established by the state

fire marshal by rule. c. The person provides all information required by the state fire marshal. d. The person has paid the fee for a temporary license, which fee shall be established by the

state fire marshal by rule. e. The person intends to performwork as a fire sprinkler installer andmaintenanceworker

only in areas of this state which are covered by a disaster emergency declaration issued by the governor pursuant to section 29C.6. 2. A temporary license issued pursuant to this section shall be valid for ninety days. The

state fire marshal may establish criteria and procedures for the extension of such licenses for additional periods, which in no event shall exceed ninety days. 3. A temporary license shall be valid only in areas of the state which are subject to a disaster

emergency declaration issued by the governor pursuant to section 29C.6 at the time at which the license is issued, which become subject to such a declaration during the time the license is valid, or which were subject to such a declaration issued within the six months preceding the issuance of the license.

Approved April 24, 2009

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CH. 92CH. 92

CHAPTER 92 FAIR EVENT REAL ESTATE — GIFTS FROM CITIES

H.F. 496

AN ACT relating to the authority of a city to dispose of real property by gift.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 174.15, Code 2009, is amended to read as follows: 174.15 PURCHASE AND MANAGEMENT. 1. Title to land purchased or received for purposes of conducting a fair event shall be taken

in the name of the county or a fair. However, the board of supervisors shall place the land un- der the control andmanagement of a fair. The fair may act as agent for the county in the erec- tion of buildings and maintenance of the fairgrounds, including the buildings and improve- ments constructed on the grounds. Title to new buildings or improvements shall be taken in