HomeMy WebLinkAbout2007-03-05-Resolutions 07-50_Metro Licensing Board - 28E AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 07-50
APPROVING THE 28E AGREEMENT FOR METRO LICENSING BOARD OF
EXAMINERS LICENSING BY AND AMONG THE ALTOONA,ANKENY,
BONDURANT,CARLISLE,CLIVE,DALLAS COUNTY,DES MOINES,DE
SOTO,GRIMES,INDIANOLA,JOHNSTON,MITCHELLVILLE,NORWALK,
PLEASANT HILL,POLK CITY,POLK COUNTY,URBANDALE,WARREN
COUNTY,WAUKEE,WEST DES MOINES,AND WINDSOR HEIGHTS
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the Metro Advisory Council (MAC)was created in February 2001 and
consists of the mayor,one council member and one alternative council member of the
sixteen (16)Des Moines metropolitan communities and two (2)supervisors from the
counties of Dallas,Polk and Warren;AND,
WHEREAS,the goal of the MAC is to improve the quality oflife and economic
viability of the central Iowa region by providing a forum for governmental bodies to
engage in dialogue and pursue common purposes and objectives which make the region
stronger,more competitive and a better place to live;AND,
WHEREAS,the Mac at its November 14,2006 meeting voted unanimously to send the
Metro Licensing Board of Examiners Licensing Agreement to the participating city
councils and boards of supervisors for adoption,those parties to the agreement being the
cities of Altoona,Ankeny,Bondurant,Carlisle,Clive,Dallas County,Des Moines,De
Soto,Grimes,Indianola,Johnston,Mitchellville,Norwalk,Pleasant Hill,Polk City,
Polk County,Urbandale,Wan-en County,Waukee,West Des Moines,and Windsor
Heights;and the unicorporated areas of Dallas,Polk and Wan-en counties;AND,
WHEREAS,this agreement provides for the establishment of a Metro Licensing Board
of Examiners appointed by the participating entities and responsible for establishing
criteria for license qualifications and approving license applications;AND,
WHEREAS,under Chapter 28E of the Code of Iowa,the City of Waukee as a public
agency may enter into agreements with public or private agencies authorized under the
laws of this state to cooperate in such a way as to provide joint services and facilities
with other agencies,and to cooperate in other ways to mutual advantage;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,
Iowa in session this 5th day of March 2007 that:
1.The attached Chapter 28E Agreement is hereby approved and the Mayor is
authorized and directed to sign the attached Agreement.The City
Administrator/Clerk is authorized to attest to the Mayor's signature,to obtain proper
acknowledgment and thereafter to deliver the original or counterparts to the City of
Des Moines Office of Community Development.
2.The Office of Community Development is authorized and directed to record the
Agreement with the Polk,Dallas and Warren County Recorders and to file a copy of
the Agreement with the Secretary of State.
BE IT FURTHER RESOLVED,that the City of Waukee shall incorporate the
Agreement into the Waukee Building Code.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT
I
Metro Licensing Board of Examiners Licensing
Agreement
Agreement By and Between Altoona,Ankeny,Bondurant,Carlisle,Clive,Dallas County,lJes
Moines,Desoto,Grimes,Indianola,Johnston,Mitchellville,Norwalk,Pleasant Hill,Polk City,
Polk County,Urbandale,Warren County,Waukee,West Des Moines,and Windsor Heights.
NOW THEREFORE.it is hereby agreed by the city of Altoona,the city of Ankeny,the city of Bondurant,
the city of Carlisle,the city of Clive,Dallas County,the city of Des Moines,the city of Desoto,the city of
Grimes,the city of Indianola,the city of Johnston,the city of Mitchellville,the city of Norwalk,the city of
Pleasant Hill,the city of'Polk City,Polk County,the city of Urbandale,Warren County,the city of Waukee,
the city of West Des Moines,and the city of Windsor Heights as follows:
The Agreement is entered into pursuant to the CHAPTER 28E,Code of Iowa (2005),as amended and shall
be recorded with the Dallas County,Polk County and Warren County Recorders'and filed with the
Secretary of State.This Agreement shall be known as the Metro Licensing Board of Examiners Licensing
Agreement
Effective date:This agreement shall become effective January 1,2007 and shall remain in effect nntil
terminated as agreed by the parties.
PUl]Jose:The purpose of this Agreement is to establish the terms and conditions under which the Cities and
Counties will provide licensing for Electrical,Mechanical,and Plumbing,Contractors/Installers and to
jointly exercise the authority of the Jurisdictions to protect the public health,safety and welfare by providing
for the examination,qualification,and licensing of:
•Electrical Contractors,Master Electricians,Journeyman Electricians,Residential Electricians and
the registration of Apprentice Electricians,and Apprentice Residential Electricians;
•Master/Plumbing Contractors,Journeyman-Level Plumbers,and the registration of Apprentice
Level Plumbers and,
•Heating/cooling Contractors,Refrigeration Contractors,Comprehensive Mechanical Contractors.
DEFINITIONS
The following general terms are defined as follows:
Construction:is defined as set forth in Iowa Code Chapter 91C,'as'amended including,but not limited to
companies or individuals performing,electrical,plumbing,and mechanical work when considered as
construction categories.tv:':!.l.:,,];'1,;1'1,I!.,c
.'!r"ci':J ;.""I.rl:"."!;f:..'._;;.
Jurisdictions:shall mean the cities of Altoona,AnkeilY,Bi.nldlil'aill;'0al'1ls1e;CI1've;'/De§Moines,Desoto,
Grimes,Indianola,Johnston,Mitchellville,Norwalk',"Pleasat1t''IhHi'Polk City,Polk County,Urbandale,
Waukee,West Des Moines,and Windsor Heights ,iildlhe'1lIline0l\lor'ated'areas of Dallas,Polk,and Warren
Counties.
Metro Licensing Agreement 2 of 16
License or Licensed:shall mean any person qualified to perform Electrical,Plumbing and/or Mechanical
Work who bas written authorization pursuant to this Agreement to perform said work within the
.J urisdictions,
S!uJcrvision and responsible charge:shall mean control and oversight by a Licensed Contractor,Master or
Journeyman in the respective trade who IS the responsible license holder for the project or group of
limjeets Joca'tect in close proximity.':h,'"
,
Direci sLlpgrvision and responsible cbarge;shall means that the license bolder supervising the work is
exercising,directing,and gniding the work,is located in close proximity,under the respective trades
described here in,and exercises judgment in all matters embodied in the work.Merely reviewing the work
installed does not constitute supervision,1.111Jess the reviewer actually exercises periodic on site
supervision,at a minimum once a day with additional supervision as required based on the complexity of
thejob.
-..~,'.
METRO LICENSING BOARD OF EXAMJNERS ESTABLISHED
There is hereby established a METRO LICENSING BOARD OF EXAMINERS,hereinafter referred to as
the "MLBE".The members 0['the MLBE shall be elected members from the Electrical Mini-Board,the
Mechanical Mini-Board and the Plumbing Mini-Board.In addition to the respective Mini-Board members
three (3)additional members shall be at-large,one selected by the Dallas County Board of Supervisors
one by the Polk County Board of Supervisors and one by the Warren County Board of supervisors.
Commencing on January 1,2007 the board shall be composed of members appointed as hereafter
provided.
Member selections:Initially there shall be twelve (12)members of the MLBE.Three of such members
shall be at-large,one selected by the Dallas County Board of Supervisors and one by the Polk County
Board of Supervisors and one by the Warren County Board of supervisors.Alternates shall be selected by
the same method.The remaining nine (9)members of the MLBE shall be selected by the each of the
respective Electrical,Plumbing and Mechanical Mini-boards to serve on the MLBE.Each mini-Board
shall select three members to sit on the MLBE.
MLBE Meetin@
IYlee.!iM scheduled:The MLBE shall hold a regular meeting once every month,unless there is no business
to conduct,but in any event the MLBE shall meet every fourth 1110ntb.The first meeting or each calendar
year shall be the Annual Meeting.All meetings of the Board shall comply with the Open Meetings Law.
MLBE Election and Terms of Officers:
01'[,icer.,;A Chairperson and Vice Chairperson of the MLBE shall be elected at the Annual Meeting from
and by members of the MLBE to serve a one (1)year term.The MLBE shall at its Annual Meeting elect
one of its members as Chairperson and one of its members as Vice-Chairperson.The Chairperson shall
appoi nt a Secretary who need notbe a member of the MLBE.
Rules:The MLBE shall adopt bylaws and rules necessary to conduct its affairs and to establish MLBE
organization,committees,procedures)and meeting notice and conduct.The Chairperson shan preside at
all meetings of the ML.B:E,IlytlW;,$pseJ;l9wJ1!j,\he Chairperson,the Vice-Chairperson shall preside.At the
first meeting the MLBE .shall .:adol1l,:bYil~W!~:,'meeting schedules and establish rules,By the second
meeting the new licensing crite11ia,!sl,all"~y,in,p\~ce,,Tbe presiding Chairperson shall vote on all matters
brought to a vote.
-;...~..-,;I::-~-!.',!1:
Metro Licensing Agreement 30f16
Meeting records:The MLBE shall keep minutes of its proceedings,showing the vote of each member
upon every question,or if absent or failing to vote,indicating such fact.The MBLE shall also keep
records of its examinations and other official actions.All such records and minutes shall be public record.
ELECTRICAL,PLUMBING AND MECHANICAL MINI·BOARDS ESTABLISHED
Mini-Boards:The Electrical,Plumbing and Mechanical Mini-board are hereby established and the
members of each shall be selected in the manner set forth herein.
Districts:Nine districts shall be created,corresponding to and within the boundaries of the nine state
senate districts located in Polk,Dallas and Warren Counties,except as hereafter provided.As of the
effective date of this Agreement these state senate districts are numbered 21,24,30,31,32,33,34,35,
37.One member and one alternate shall be selected for each of the three mini-Boards in each district,by a
selection committee which shall be created in each district.The selection committee in each district shall
consist of the mayor of each city which is located in whole or part within such district boundary.Each
mayor serving on the selection committee may nominate one person to serve as the member of the three
mini-boards representing such district and one alternate.Any nomination of a member or alternate must
be approved in advance by the city councilor the mayor making such nomination before submission to
the Selection committee.The selection committee in each such district shall select one person to serve as
a member of each of the three mini-Boards,and one person to serve as an altemate.The member and the
alternate may be selected from different cities.In districts which consist of an area located in more than
one city,any impasse by the selection committee in the selection .•of a member or alternate shall be
resolved by the use of a weighted vote,in which the mayor of each city is entitled to one vote for each
person residing within that part of the city of which they are mayor which is located within the district,
according to the most recent U.S.Decennial Census,or more recent U.S Census in which sufficiently
detailed population data is available to determine the population within each mini-Board district.In
districts which are located wholly within one city,the selection of a member and an alternate shall be
made by the mayor and confirmed by resolution of the city council.
Overlapping Districts:To the extent that a city whose boundaries are included within a mini-Board
district in Dallas,Polk or Warren counties has boundaries which extend into an adjacent county or
counties,the boundaries of that Board district shall be expanded to include that part of the city which is
located in an adjacent county or counties.
Alternates:There shall be an alternate member for each MLBE member.For those positions requiring
specific qualifications.the alternate member must also have those credentials.An alternate member
attending a meeting of the MBLE and serving in the absence of the regular MLBE member has and may
exercise all the powers and duties of a regular MLBE member.
Meetings:Electrical,Plumbing and Mechanical miui-boards shall meet independently of the MLBE.The
respective mini-boards shall hold regular meetings once every month,unless there is no business to
conduct,in which case the mini-boards will meet every fourth month.The first meeting of each calendar
year shall be the annual meeting.All meetings of the mini-Boards shall comply with the open meetings
Law.
Metro Licensing Agreement 4 of 16
Mini-Board Election and Terms of Officers:
Officers:Unless otherwise provided,a chairperson and vice chairperson of the respective Mini-Boards
shall he elected at the annual meeting,from and by members of the respective Mini-Boards to serve a one
(I)ycar tcnn.The Mini-Board shall at its annual meeting select three of its members to serve on the
MBLE.The chairperson shall appoint a secretary who need not be a member of the Mini-Board.
Ex-officio member:One staff member from the building department of each or the respective Mini-
Boards District shall be appointed,by the selection committee of said district as an ex-officio member.
Rules:The Mini-Boards shall adopt rules necessary to conduct its affairs and to establish organization,
committees,procedures,and meeting notice and conduct.The chairperson shall preside at all meetings or
the Mini-Board.In the absence of the chairperson,the vice-chairperson to shall preside.At:the first:
meeting the respective Mini-Boards shall adopt by-laws,meeting schedule and establish rules.By the
second meeting the licensing review criteria shall be in place.The presiding chairperson shall vote in all
mutters brought to a vote.
Mcctlllg records:The Mini-Boards shall keep minutes of its proceedings,showing the vote of each
member upon every question,or if absent or failing to vote,indicating such fact.The Board shall also
keep records of its examinations and other official actions.All such records and minutes shall be public
record.
Mini-Board Members:The Mini-Board shall consist of nine (9)members.Each Mini-Board member shall
have one (1)vote.
Alternates:There shall be an Alternate Member for each mini-Board Member.For those positions
requiring specific qualifications,the Alternate Member must also have those credentials.An Alternate
Member attending a meeting of the mini-Board and serving in the absence of the regular Board Member
has and may exercise all the powers and duties of a regular member.
Length of Terms:Members and alternates shall serve a term of three (3)years,provided that:upon initial
appointment the terms of office shall be staggered.The terms of respective Mini-Boare!members and
alternates shall not expire at the same time.
Maximum Consecutive Terms:Regular mini-board members shall not serve more than two (2)
consecutive terms.
Filling Vacancie:-;:Vacancies created by resignation or otherwise shall be filled by an alternate Mini-
Board member from the district where the vacancy occurs to serve the remainder of the unexpired term of
the vacating member.
Ouorum:A quorum of the Electrical,Plumbing ancl Mechanical Mini-Boards will consist of at least three
(3)current license holders and two (2)other members.Any action of a Mini-Board requires an affirmative
vote or at least five members.
Duties:The Electrical,Plumbing and Mechanical Mini-Boards will review applicant's eligibility,work
history and other matters of record and recommend to the MBLE whether to grant a license application.
Metro Licensing Agreernent 5 of 16
INSURANCE REQUIREMENTS
Insurance:All Electrical,Plumbing and Mechanical Contractors shall file as part of the application a
Certificate of Insurance covering:Commercial Auto Liability,Commercial General Labiality,and Workers
Compensation insurance in accordance with Iowa Code Chapter 85,issued by a company authorized to
transact business in the State of Iowa.The certificate is to be written on a standard form and carry an
endorsement naming the Jurisdictions and their employees as additional insured as its interest may appear.It
shall be a further condition of said Certificate of Insurance that the insured will hold the .Jurisdictions
harmless from any and all damages sustained by reason of any act or omission on the part of such contractor,
his/her agents or employees in the performance of the work done under a License or permit issued upon the
filing of said certificate.Said Certificate of Insurance shall be issued by the 31st day of December of each
year,and shall be re-filed on or before said date for each subsequent year and shall be in continuous full
force and effect.The Certificate of Insurance shall also bind the individual,company,finn,association or
partnership,whether it be a trade name,corporation,or other business association or arrangement with which
the principal is associated.The insurance company shall notify the Des Moines Permit and Development
Department of cancellation of policy at least 10 days prior to the effective cancellation date.A License may
he renewed without the filing of an insurance certificate provided that no work is done or contracted for by
such License holder during the terms of the License.Such License shall be marked "NOT INSURED,"
"NOT TO BE USED FOR CONTRACTING,"or "INACTIVE."
Incapacity,or Death of the licensed Contractor:In the event of the death of a licensed contractor,the MBLE
may issue a temporary contractor's license,to a responsible member or officer of such firm,corporation or
other association until such time as such firm,corporation or other association acquires a licensed contractor
provided that such temporary license shall not be issued for a period of more than six (6)months.
LICENSING REQUIREMENTS
Application:Any person who desires to be licensed shall obtain an application from the City of Des Moines
Permit and Development Center.The completed form shall include the applicant's name,home address,
business address,a brief resume of the applicant's training and experience,the date of application,and the
classification of the license being applied for and shall be returned to the City of Des Moines Permit and
Development Center for processing.
Renewal:Licenses may be renewed upon payment of the scheduled fees from December I"through
December 31".Licenses renewed from .January I"through January 31 'I,the grace period each year,shall be
assessed a late charge equal to twice the scheduled fee per license.The license holder shall provide a
certificate of successful completion of the current update course(s)in order for the License to be renewed.
Expiration:Each license shall be in effect for Three (3)years and may be renewed every three (3)years
thereafter upon request by the licensee provided that the license renewal fee shall have been paid.
Reinstatement:Any license which has not been renewed on or before the January 31 shall lapse as of
February I of that same year.The lapsed license shall be reinstated by the MBLE at the recommendation
of the respective Mini-Board upon written request,provided the applicant seeking reinstatement has
satisfied the current update education requirement,has paid the overdue license fee,and the License has
not lapsed more than one year past the December 31 expiration date.If the licensee obtained a license
under the grandfather rule,additional proof of passing score for the respective license must accompany the
reinstatement request.
Metro Licensing Agr~enl~-nf 6 of Hi
Retircd License:The license of an Electrical,Plumbing or Mechanical Contractor or Installer who retires
from shall be stamped "RETIRED",Such License may be reinstated at any time upon payment of the current
year's fee and submission of a current code update education certificate.If the licensee was obtained a
license under the grandfathcr rule,additional proof of a passing score for the respective license must
accompany the reinstatement request.
Paymcnt:License fees shall be paid to the Des Moines City Treasurer through the Dcs Moines Permit and
Developmcnt Center.
Fec Exemption:License fees shall be waived for plumbing,mechanical and electrical licenses for inspectors
employed by the Jurisdictions,
Oualification Acceptance:The MBLE shall determine the qualifications of each applicant upon the
recommendation of the respective Mini-Board using supporting documentation and other matters of record.
If an applicant is granted H License and later it is determined the documentation is untrue or invalid,the
license shall be suspended immediately,pursuant to the summary procedures set forth below,
ADMINISTRATION OF LICENSING
Administrative Authority:The City of Des Moines Permit and Development Center shall administer the
licensing process described in this agreement and shall retain all fees collected pursuant to tbis agreement as
compensation,The City of Des Moines shall furnish,electronically upon request,a list of all license holders,
active and inactive,including registered apprentice installers,to each Jurisdiction by February I each year
and shall update the all the first working day of each quarter thereafter,..
Application and Issuance of Licenses:Information regarding applications and sponsorship for the
examinations shall be available at the City of Des Moines Permit and Development Center.The Permit and
Development Center will also issue licenses to each approved applicant approved by the MBLE upon
payment of the License fee.
]
EXAMINATION
Testing:Upon satisfactorily passing the approved examination with a minimum score of 75%and the
approval of the application as set forth under this Agreement the applicant shall be entitled to a License,
CONTINUING EDUCATION REQUIRED:
Code education criteria:A minimum of Six (6)hours of code update education per each three-year code
change cycle is required for all levels of License holders,
Tracie education criteria:Each Mini-Board shall establish continuing educational criteria with a minimum
of six (6)additional hours of trade-related education,which may include safety and new product
seminars,The Mini-Boards may accept in-house educational programs by individual companies or shops.
LICENSE NOT TRANSFERABLE
It shall be prohibited and shall be cause for revocation for any Licensee to transfer a license to another or to
allow it to be used,directly or indirectly,by another person,A licensed contractor shall not obtain permits
for more than one contracting finn,corporation or other association.)
Metro Licensing Agreement 7 of 16
SUSPENSSION and REVOCATION OF LICENSE
Revocation:The Board shall have the power to suspend or revoke any license where fraud or
misrepresentation was used in obtaining the license,for allowing the license to be transferred or to be used
either directly or indirectly by any othcr person,for failure to comply with any of the provisions of this
agreement for negligence,for failure to obtain proper permits,for failure call for inspections,for
incompetence,or a history of substandard work,or misconduct in the performance of any duties of a
contractor or installer.
Notice and Hearing:In all cases involving revocation or suspension of a license,at least fifteen (15)days
notice shall be served by the jurisdiction upon the Licensee indicating the time and place of hearing before
the MBLE and the general grounds for the contemplated revocation or suspension.The notice shall also
advise the licensee of the right to appear at the hearing in person or by counsel.
Revocation Period:No person whose license has been revoked shall be iss ued a license until the expiration
of six (6)months after the revocation,and then only upon successful examination and payment of all fees.
No Refund:The revocation of a license shall not entitle the holder to a refund of any part a fee.
Summary suspension:If the MLBE finds that the public health or safety requires emergency action and
incorporates a finding to that effect in its order,summary suspension of a license may be ordered peuding the
usual suspension or revocatiou proceedings enumerated hereinbefore.The Board shall institute the usual
revocation or suspension proceedings immediately upon issuance of an order of summary suspension,except
that the IS-day notice of hearing may he waived upon written request of the holder of the suspended license.
Enforcement:A suspension or revocation of a license shall be recognized and enforced by each Jurisdiction
under the authority of this agreement.A violation of a municipal code,which occurs within a jurisdiction,
may he enforced pursuant to that jurisdiction's municipal code of ordnances.The method of enforcement set
forth herein does not preclude any other method of enforcement.
Appeal:'An applicant,contractor or licensee aggrieved by any decision of the MLBE may seek review of a
final order of the MBLE pursuant to Iowa law.
RECOGNITION OF ELECTRICAL PLUMBING AND MECHANICAL LICENSES
Prior License:An individual bolding an electrical,plumbing or mechanical license in one or more of the
jurisdictions continuously and prior to January 1,2007 and who has not passed the approved MLBE
approved contractor's examination,may continue to hold the current license for the remainder of the current
licensing period.No new electrical,plumbing or mechanical licenses shall be issued in any member cities.
New electrical,plumbing and mechanical licensing will be under the terms and conditions of this agreement.
Reciprocal Recognition of License:Any electrical,plumbing or mechanical 'contractor or master or
journeyman installer who is licensed by another jurisdiction that has similar licensing standards ancl who
provides proof of current license credentials,a current copy of their state contractor registration,proper
accreditation,years of experience,proof of a passing score of 75%on a nationally recognized test,as an
electrical,plumbing or mechanical contractor,master or journeyman installer by the Examining Board of
said jurisdiction,may be licensed under this Agreement.
Men-u Licensing Agreement 8 of I (j
Grandfather Clause:Any electricnl,plumbing or mechanical contractor,master OJ'journeyman installer
who is currently working in the categories identified as electrical,plumbing or mechanical contractor,
including the individual disciplines described herein may be licensed on a one time basis under this
Agreement if the if the electrical,plumbing or mechanical Mini-Board accepts the applicant's credentials
and the MLBE approves the credentials.The time for acceptance will expire at the next licensing cycle.
WORK BY HOMEOWNER
Work performed by homeowners on their own residences shall be regulated by the jurisdiction in which they
rexidc.
ADOI'TION AND AMENDMENT
Adopting Resolution:A Jurisdiction becomes a party to this Agreement lIpon passage of an adopting
resolution certified by the city clerk or county clerk,and delivery of resolution to the MBLE secretary and or
the City of Des Moines Permit and Development Center ..
Withdrawal:A Jurisdiction may withdraw from this agreement by adopting a resolution to do so and
delivering a certified copy thereof to the MBLE secretary.
Amendment:TIns agreement may be amended,from time to time,by pas,c;ageof an amending Resolution by
all member jurisdictions.
IMPLEMENTATION
Implementation:Until such time as the MBLE establishes criteria for the approval of licenses the present
criteria in use by the City of Des Moines Permit and Development Center for approving licenses applications
shall continue to be applicable.
1
Renewal sequence:The sequencing for the renewal of licenses shall be as follows,
•Electrical
•Plumbing
III Mechanical
December
December
December
2006 -January 2007,
2007 -January 2008,and
2008-2009.
DURATION OF AGREEMENT
This agreement shall continue through December 31,2007 at which time it shall automatically renew each
calendar year thereafter unless terminated by agreement of all participating Jurisdictions.
TERMINATION
This Agreement shall continue until only one participating Jurisdiction remains,or unless terminated by all
the participating J urisdictions.
I
Metro Licensing Agreement 9 of 16
LEGAL REPRESENTATION
The MLBE shall have the authority to retain legal counsel with the cost of representation shared equally by
all participating Jurisdictions.Legal representation may be furnished by a Jurisdiction at it's own expense
for it's MBLE member or alternate member.
EXECUTION and FILLING with SECRETARY OF STATE AND COUNTY RECORDER
Jurisdictions approving this agreement shall execute the separate signature page and the parties hereto
shall file the fully executed agreement with the Secretary of the State of Iowa,and record the agreement
in the official record of Polk,Dallas and Warren Counties.
Metro Licensing Agreement 10 of 16
ELECTRICAL SUB-COlVIMITTEE TO THE METO
LICENSING BOARD OF EXAMINERS
DEFINfTIONS As used in this Agreement,the following electrical specific terms are defined:
Apprentice Electrician:shall me,111 any person who performs electrical work while employed by a
licensed electrical contractor,while under the direct supervision and in the presence of a licensed
electrician,and who if)properly registered with the IvILBE as an apprentice electrician.
Electrical Contractor:shall mean a person or firm who employs a licensed master electrician to contract and
to undertake the planning,layout,supervision and/or performance of electrical work and who is responsible
for the employment,management,supervision and control or electricians,residential electricians,apprentice
electricians,and apprentice residential electricians.A licensed contractor shall be considered qualified and
licensed to do electrical work.
Electrical Contractor.Inactive:shall mean a licensed electrical contractor who is not actively engaged in the
contracting business or who may be working in the trade as a Master or Journeymen Electrician while
employed by an Electrical Contractor.
Master Electrician:shall mean a person who has successfully passed the master electrician's examination
approved by the MLBE and has worked as a journeymen electrician 1'0\'a period of at least two years.
Electrician:shall mean a person licensed to do electrical work while employed by a licensed electrical
contractor.
Journevman:shall mean an electrician who has received a journeymen's certificate of competency.No
person,except apprentices,shall engage in the work or practice the trade of installing,altering
maintaining or repairing any electrical equipment with in the scope of the electrical code without first
obtaining a journeyman's certificate of competency.
Residential Electrician:shall mean a person licensed to do electrical work,limited to residential wiring
restrictions while employed by a licensed electrical contractor.
Residential Wiring Restrictions:shall mean wiring limited to one and two family dwellings,multi-family
dwellings that do not exceed three-stories in height above grade,garages,sheds,and storage buildings
accessory to dwellings.
Electrical Equipment:shall mean all electrical materials,wiring.conductors,fittings,conduits.devices,
appliances,fixtures.signs ami apparatus or parts thereof comprising an electrical system,and controls
operating at greater than 50 volts.
Electrical Work:shall mean all installations,alterations,repairs,replacements,connections,disconnections,
and maintenance of electrical wiring and equipment connected to an electrical power source.
Metro Licensing Agreement 11 of 16
ELECTRICAL MINI·BOARD COMPOSITION:
The electrical Mini-Board shall include at least five (5)licensed representatives of the electrical trades as
follows:at least one electrical contractor,and one master electrician,and one journeyman electrician,and
one residential electrician,and any others.The other members of the electrical mini-board may include
representatives of other construction trades,ex officio members,and private citizens who are familiar
with the construction trades.The number of electrical mini-board members shall be nine (9)total.
JOURNEYMAN'S CERTIFICATE OF COMPETENCY:A journeyman's certificate of competency
may be obtained through successfully passing the journeyman's electrician's examination approved by the
MLBE and meeting one of the following minimum requirements:
e Four years of working as an apprentice,under master or journeyman's supervision.
•Completion of a minimum of 60 credit hours of post secondary training in the electrical field,
from an accredited educational institution or trade school.
•Full time employment for a period of two years with an electrical contractor,under master or
journeyman's supervision.Persons holding a master electrician's certificate of competency are
not required to maintain a journeyman electrician's certificate of competency
APPRENTICE ELECTRICIANS
Registration:An electrical apprentice must be registered,but need not be licensed,to perform electrical work
provided that the apprentice is employed by an electrical contractor and further provided that the apprentice
performs work under the supervision of a licensed electrician responsible for the work.The supervision ratio
shall be not more than two (2)Apprentices for each licensed electrician~
Training:Any apprentice must work for at least four years under the supervision of a licensed master or
journeyman electrician in a Mini-Board approved aud MBLE sanctioned on-the-job training program or,be
.satisfactorily completing an apprenticeship training program accredited by the Bureau of Apprenticeship and
training by the United States Department of Labor.
Work:No apprentice shall perform electrical work unless the apprentice is working nnder the supervision of
a licensed electrician.Fourth year apprentices may work without direct supervision.
Fee:An apprentice shall register with the MBLE and pay registration fee before the first day of January of
each year,
Metr-o Licensing Agrecm(m~1201'16
PLUMBING SUB-COMMITTEE TO THE METO
LICENSING BOARD OF EXAMINERS ]
DEFINITIONS As used in this Agreement,the following plumbing specific terms are defined:
Amwenticc Plummer:shall mean any person who performs plumbing work while employed by a licensed
plumbing contractor,wbi lc under the direct supervision and in the presence of a licensed plumber,and
who is properly registered with the MLBE as an apprentice plumber.
Plumbing Contractor:shall mean a person or firm who employs a licensed master plumber to contract and to
undertake the planning,layout,supervision ancl/or performance of plumbing work and who is responsible
for the employment,management,supervision ancl control of muster plumbers,journeymen plumbers,and
apprentice plumbers.A licensed contractor shall be considered qualified and licensed to do plumbing work.
Plumbing Contractor.Inactive:shall mean a licensed plumbing contractor who is not actively engaged in the
contracting business or who may be working in the trade as a master or journeymen plumber while employed
by a plumbing contractor.
Master Plumber:shall mean H person who has successfully passed the master plumbers examination
approved by the MLBE and has worked as ajourneymen plumber for a period of at least two years.
Plumber:shall mean a person licensed to do plumbing work while 'employed by a licensed plumbing
contractor.
Journeyman:shall mean a plumber who has received a journeymen's certificate of competency.No
person,except apprentices,shall engage in the work or practice the trade of installing,altering
maintaining or repairing any plumbing equipment or systems within the scope of the member jurisdiction
municipal codes without first obtaining a journeyman's certificate of competency.
Plumbing Equipment:shall mean all plumbing materials,piping,fittings,devices,appliances,fixtures,and
apparatus or parts thereof comprising plumbing systems.
Plumbing Work:shall mean all installations,alterations,repairs,replacements,connections,disconnections,
and maintenance of plumbing systems and equipment.
I'LUMBIBG MINI-BOARD COMPOSITION:
The plumbing Mini-Board shall include at least five (5)licensed representatives of the plumbing trades as
follows:at least one plumbing contractor,and one master plumber,and one journeyman plumber,and any
others.The other members or the plumbing Mini-Board may include representatives of other construction
trades,ex officio members,and private citizens who are familiar with the construction trades.The number
of plumbing Mini-Board members shall be nine (9)total.
Metro Licensing Agreement 13ofl6
JOURNEYMAN'S CERTIFICATE OF COMPETENCY:A journeyman's certificate of competency
may be obtained through successfully passing the journeyman's plumber's examination approved by the
MLBE and meeting one of the following minimum requirements:
e Four years of working as an apprentice,under master or journeyman's supervision.
It Completion of a minimum of 60 credit hours of post secondary training in the electrical field,
from an accredited educational institution or trade school.
o Full time employment for a period of two years with an electrical contractor,under master or
journeyman's supervision,Persons holding a master electrician's certificate of competency are
not required to maintain a journeyman plumber's certificate of competency
APPRENTICE PLUMBERS
Registration:A plumbing apprentice must be registered,but need not be licensed,to perform plumbing work
provided that the apprentice is employed by a plumbing contractor and further provided that the apprentice
performs work under the supervision of a licensed plumber responsible for the work.The supervision ratio
shall he not more than two (2)Apprentices for each licensed plumber.
Training:Any apprentice must work for at least four years under the supervision of a licensed master or
journeyman plumber in a Mini -Board approved and MBLE sanctioned on-the-job training program or,be
satisfactorily completing an apprenticeship training program accredited by the Bureau of Apprenticeship and
training by the United States Department of Labor.
Work:No apprentice shall perform plumbing work unless the apprentice is working under the supervision of
a licensed plumber.Fourth year apprentices may work without direct supervision.
Fee:An apprentice shall register with the MBLE and pay registration fee before the first day of January of
each year,
Metro Licensing /q;nement 14 of Hi
MECHANICAL SUB-COMMITTEE TO THE METO
LICENSING BOARD OF EXAMINERS
DEFINITIONS:As used in this Agreement,the following mechanical specific terms are defined:
Apprentice:shall mean any person who,while learning the respective trade governed by this agreement,is
assisting in the installation,alteration or repair of equipment or systems as governed by this agreement,and
is supervised by a licensed mechanical contractor.
Dueted Air Cooling:shall mean comfort cooling by means of cooled air being distributed through ducts to ,I
room or space.
Ducled Air Heating:shall mean comfort heating by means or a warm air heating plant from which heated air
is distributed through ducts,to a room or space.
Ducted Air Heating/Cooling Contractor:shall mean a person who is licensed to contract for and to undertake
the planning,layout,supervision and/or performance of ducted air beating/cooling work,and responsible for
the employment,management,supervision and control of installers and apprentice installers doing ducted air
heating/cooling work.A corporation may qualify under this provision if it employs a licensed contractor who
is responsible for supervision and control installers and apprentices doing heating/cooling work.
Ducted Air Heating/Cooling Equipment shall include all warm-air furnaces,warm-air heaters,combustion
product vents,fuel-gas-fired decorative appliances,dueted air comfort cooling appliances,
heating/cooling/ventilating air-distribution ducts and fans,all control devices and accessories installed as
part of,or in connection with,any environmental heating/cooling system or appliance regulated by the
jurisdiction's codes and ordnanccs.
Dueled Air Heating/Cooling Work:.shall mean all erection,installation,alteration,repair,relocation,
replacement,maintenance or removal of Ducted Air Heating/Cooling equipment or systems.
l-leating/Cooling:shall mean comfort heating or comfort cooling by means of a system or appliance using
liquid,water or steam as the heating or cooling media,or by means of a system or appliance using air as
the heating,cooling or ventilating media.
Helper:shall mean a person engaged in general manual labor activities who provide assistance to an
apprentice,journeyman,and lor master.
I:::!.YdrunicHeating/Cooling Work:shall mean erection,installation,alteration,repair,relocation,replacement)
maintenance or removal of Hydronic Heating/Cooling equipment or systems.
Hydronic Heating:shall mean comfort heating using hot water or steam as a heating media for the
distnbution of heat.
Hydronic Heating/Cooling Contractor:.shall mean a person who is licensed to contract for and to undertake
the planning,lay out,supervision and/or performance of hydronic heating/cooling work,and responsible for
the employment,management,supervision and control of installers who are doing hydronic heating/cooling
work.I
Metro Licensing Agreement 15 of 16
Hvclronic Heating/Cooling Equipment:shall include all water heaters.boilers.pressure vessels,refrigerating
equipment,combustion product vents,all steam piping,hot Dr cold water piping,together with all control
devices and accessories.installecl as part of or in connection with any comfort heating or comfort cooling
system or appliance using liquid,water or steam as tbe heating or cooling media.
Ivlechanical Contractor:shall mean any person licensed as a ducted air beating/cooling contractor,a hydronic
Heating/cooling contractor,or a refrigeration contractor.
Mechanical Contractor,Comprebensive:shall mean a person who is qualified and licensed to contract for
and undertake the planning,layout,supervision and/or performance of ducted air heating/cooling work,
hyc1ronic beating/cooling work,and refrigeration work and responsible for the employment,management,
supervision and control of installers and apprentice installers doing ducted air heating/cooling work,
hydronic heating/cooling work and refrigeration work.
Refrigeration Conu·actor:shall mean a person who is licensed to contract for and undertake,the planning,lay
out,supervision and or performance of refrigeration work and who is responsible for the employment,
management,supervision and control of installers and apprentice installers doing refrigeration work.
Refrigeration System:shall mean a combination of parts in which a refrigerant is circulated for the purpose
of extracting heat as defined in the Mechanical Code for cooling a room or space.
Refrigeration Work:includes all erection,installation,alteration,repair,relocation,replacement,
maintenance,or removal of refrigeration equipment or systems.
MECHANICAL MINI-BOARD COMPOSITION:
Mechanical Mini-Board shall include at least five (5)representatives of the mechanical trades as follows:
at least one mechanical contractor,comprehensive ducted air heating/cooling contractor,hydronic heating/
cooling contractor,refrigeration contractor and any others.The other members of the mechanical Mini-
Board may include representatives of other construction trades,ex officio members,and private citizens
who are familiar with the construction trades.The number of mechanical Mini-Board members shall be
nine (9)total
Mechanical License Classifications:Contractors'licenses shall be classified in accordance with the type
of equipment to be installed,altered,or repaired by the licensee.No licensee shall engage in work,which
is not included under the classification for which he or she holds a license.Classes of licenses and the
corresponding scope of work authorized thereby shall be as follows:
Class A Mechanical Contractor (unrestricted).
(I)Holders of this license may obtain permits for any of the work or equipment regulated by the
jurisdiction's municipal codes relating to mechanical work.
(2)This license shall be available only to the following:
(a)A person who holds a class B,class C,and class D license;or
(b)A finn or business in which the licensee wish to combine their respective class B,class C,and
class D licenses for the purpose of obtaining a class A license for such firm or business,in which
case each licensee must maintain his or her respective individual license simultaneously with the
firm's or business'class A license.The class A license shall be issued in the name of the firm or
business and each of the holders of the class B,class C,and class D licenses.
IVIctl'O Ltceusing Agreement 16 of 1.6
Class B Comfort Heating and Cooling Contractor.
Holders of this license may obtain permits for any of the work or equipment regulated under municipal
codes pertaining to vent.ilation systems!exhaust systems I duct systems I combustion air systems,chimneys
and vents,specific appliances,fireplaces,solid fuel-burning equipment,hydronic piping,fuel oil and gas
special piping and storage,and solar systems.
Class C Refri geration COnU1l£tOl,-
Holders of this license may obtain permits for any of the work or equipment regulated under municipal
codes pertaining to refrigeration,genera)mechanical systems,combustion air systems!fuel gas systems,
refrigeration systems,refrigeration cooling equipment!absorption cooling equipmentevaporative cooling
equipment,and low temperature piping.
Class])Boiler Contractor.
Holders of this license may obtain permits for any of the work or equipment regulated under municipal
codes pertaining to:combustion air systems,chimneys and vents,boilers,water heaters and pressure
vessels,hydronic piping,genera!mechanical system requirements!special piping and storage systems!
and fuel gR'systems.
Class E Special Appliance Contractor.
Holders of this license or a class A,B or D license may obtain permits for any work or equipment
pertaining to:combustion air,chimneys and vents,specific appliances fireplaces and solid fuel burning
equipment,general mechanical systems,for the installation of solid fuel burning appliances,such as
manufactured stoves and fireplaces.All installations shall be in accordance with appliance listings,
manufacturer's recommendations,and applicable requirements of the member communities'municipal
codes,
Contractor License Reguirements:An applicant for a Ducted Air Heating/Cooling Contractor's License,
)-1ydronic Heating/Cooling Contractor's License,or a Refrigeration Contractor's License shall show proof of
two years experience as an installer in the respective classification and shall have passed the exam for
Contractor in the respective classification.
Comprehensive License Requiremcnts:An applicant for a comprehensive mechanical contractor's license
shall currently hold a valid ductcd air heating/cooling contractor's License,a valid hydronic hating/cooling
contractor's license,and H valid refrigeration contractors license,or such person shell]satisfactorily pass an
examination a:-:approved by the board as appropriate for a comprehensive mechanical contractor's license.
I