reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 94 - Steam Heating Boilers, Hot Water Heating Boilers and Hot Water Supply Boilers › Rule 875-94.5 - Hot Water Heating Boilers Installed Before July 1, 1960

Current through Register Vol. 47, No. 3, July 24, 2024
Hot water heating boilers installed before July 1, 1960,
				  shall be constructed and installed in accordance with this rule.
(1)
Safety relief valves.
a. Each hot water heating boiler shall have
				at least one safety relief valve bearing the National Board "HV" stamp of the
				automatic-resetting type set to relieve at or below the maximum allowable
				working pressure of the boiler The safety relief valve shall have pop action
				when tested by steam. When more than one safety relief valve is used on a hot
				water heating boiler, the additional valve or valves must bear the National
				Board "HV" stamp and may be set within a range not to exceed 6 psig above the
				maximum allowable working pressure of the boiler up to and including 60 psig
				and 5 percent for those having a maximum allowable working pressure exceeding
				60 psig. Safety relief valves shall be so arranged that they cannot be reset to
				relieve at a higher pressure.
b. No
				safety relief valve shall be smaller than ¾-inch nor larger than
				4½-inch standard pipe size, except those boilers having a heat input not
				greater than 15,000 Btu's per hour may be equipped with a safety relief valve
				of ½-inch standard pipe size bearing the National Board "HV" stamp. The
				inlet opening shall have an inside diameter equal to or greater than the seat
				diameter In no case shall the minimum opening through any part of the valve be
				less than ½-inch diameter.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 94 - Steam Heating Boilers, Hot Water Heating Boilers and Hot Water Supply Boilers › Rule 875-94.6 - Hot Water Supply Boilers Installed Before July 1, 1960

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule
				establishes minimum requirements for installation, operation, and inspection of
				hot water supply boilers installed before July 1, 1960, when any of the
				following limitations are exceeded:
a. Heat
				input of 200,000 Btu's per hour.
b.
				Water temperature of 210°F.
c.
				A water containing capacity of 120 gallons.
Iowa Administrative Code › Agency 875 - Labor Services Division › Boilers and Pressure Vessels › Chapter 96 - Unfired Steam Pressure Vessels › Rule 875-96.2 - Objects Installed Prior to July 1, 1983

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Maximum allowable working
				pressure.
a. The maximum allowable
				working pressure for code-stamped unfired steam pressure vessels shall be
				determined in accordance with the applicable provisions of the ASME Code or
				American Petroleum Institute Code under which they were constructed and
				stamped.
b. The maximum allowable
				working pressure on the shell of unfired steam pressure vessels without a code
				stamp shall be determined by the following equation.
TStE / RFS= Maximum allowable working pressure, psig.
Where:
TS 
				  =Ultimate tensile strength of shell
				  plate(s), psig. When the tensile strength of a steel plate(s) is unknown, it
				  shall be taken as 55,000 psig for temperatures not exceeding 650 degrees
				  F.
t 
				  =Minimum thickness of shell plates of
				  the weakest course, in inches.
E 
				  =Efficiency of longitudinal joint. For
				  riveted joints, use ASME Code, Section 1 (1971).
For fusion-welded and brazed joints, use the following
				  table:
Single lap welded.............. 40
Double lap welded............. 60
Single butt welded............. 60
Double butt welded ............ 75
Forge welded................. 70
Brazed steel.................. 80
R 
				  =Inside radius of the weakest course
				  of shell or drum in inches, provided the thickness does not exceed 10 percent
				  of the radius. If the thickness is over 10 percent of the radius, the outer
				  radius shall be used.
FS 
				  =Factor of safety shall be
				  four.
c. The maximum
				allowable working pressure for unfired steam pressure vessels without an ASME
				stamp subjected to external or collapsing pressure shall be determined by the
				ASME Code, Section VIII.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.1 - Employer's Duty

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, an employer has a duty to inform the public of
				  the presence of hazardous chemicals in the community and the potential health
				  and environmental hazards that the chemicals pose. Requests shall be made
				  during normal office hours of the employer. The employer shall provide the
				  information or reason for refusal within ten days. If the request is from a
				  health professional, the information shall be provided
				  immediately.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.2 - Records Accessibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Records do not need to be accessible to the public if the information is a
				trade secret or the employer has notified the division in writing that certain
				information should not be accessible to the public because the information is
				not relevant to public health and safety or the release of the information is
				proven to cause damage to the employer.
(2) Accessible records include safety data
				sheets. The employer shall also provide information concerning the quantity of
				each hazardous chemical stored or used. Quantity information may include the
				manner of purchase such as in gallon containers, barrels, tankers, etc.
				Additionally, the employer shall provide information specifying the quantity as
				less than 500 pounds, between 500 pounds and 1000 pounds, between 1000 pounds
				and 5000 pounds, or in excess of 5000 pounds.
(3) An employer is not required to make a
				copy of a safety data sheet if the interested person is given an opportunity to
				review and make notes regarding the safety data sheet.
If an employer provides a copy of a safety data sheet at the
				  request of the interested person, a reasonable fee can be charged for the
				  actual cost of copying.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.3 - Application for Exemption

Current through Register Vol. 47, No. 3, July 24, 2024
To obtain an order from the commissioner pursuant to Iowa
				  Code chapter 89B and rule
				  875-130.2 (89B), an employer
				  shall make a written application to the commissioner setting forth the specific
				  grounds for the claimed exemption. Upon receipt of an application, the
				  commissioner shall give the applicant notice and opportunity to be heard at a
				  full evidentiary hearing before the commissioner.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.4 - Burden of Proof and Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Trade secrets.
The
				employer-applicant shall have the burden of proof in showing that the
				information claimed exempted qualifies as a trade secret.
a. The commissioner may take official notice
				that similar information of the employer-applicant has been deemed a trade
				secret for the purpose of
				29 CFR
				1910.1200, and may summarily grant the
				exemption based on the official notice.
b. The criteria for determining a trade
				secret under this chapter shall be identical to that under
				29 CFR
				1910.1200.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.5 - Formal Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner shall issue a formal ruling upon
				  application. The ruling shall set forth findings of fact and conclusions of law
				  and grant or deny the application. The ruling shall be the final agency action
				  for purposes of Iowa Code chapter 17A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.6 - Request for Information

Current through Register Vol. 47, No. 3, July 24, 2024
An interested person may request information from an
				  employer. If the request is denied by the employer, the requesting party may
				  then file an application for information with the division. The application
				  will set forth the information being requested and that information was refused
				  by the employer or that the employer denies access or that the employer alleged
				  that no records were kept. The applicant shall state the interest in the
				  information requested to be received.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.7 - Filing With Division

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of application for information, the division
				  shall determine if the applicant has a legitimate interest, and if so, the
				  division shall make a written demand upon the employer to provide the requested
				  information to the division. If the employer complies, the division shall
				  forward copies to the interested person. Requests for the information under
				  rule 875-130.6 (89B) will be kept
				  confidential. The division shall not disclose the name of the interested person
				  to any person.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.8 - Grounds for Complaint Against the Employer

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may cite the employer on a formal written
				  complaint on any of the following grounds:
(1) The division has not received a reply
				within 30 days of the request for information pursuant to rule
				875-130.7 (89B); or
(2) The division finds on an occupational
				safety and health inspection that the employer's records materially distort the
				information given the public or an emergency response department so as to pose
				a serious hazard to community health, environment, or emergency response
				personnel.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.9 - Investigation or Inspection Upon Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days of determining that there are grounds for a
				  complaint, the commissioner shall either notify the employer in writing of the
				  grounds of the complaint and request information or conduct an unannounced
				  inspection of the employer's workplace at reasonable times and in a reasonable
				  manner. Within 30 days of initiating an investigation or inspection, the
				  division may find that the complaint is invalid and unfounded and shall so
				  inform the interested person and the employer in writing.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 130 - Community Right to Know › Rule 875-130.10 - Order to Comply

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If after
				conducting an investigation or inspection of the employer's workplace the
				commissioner finds that the complaint is meritorious, the commissioner shall
				issue an order to comply to the employer which shall set forth with specificity
				the employer's noncompliance with Iowa Code chapter 89B or rules. The
				commissioner shall give the employer a period of 30 days to take remedial steps
				for compliance. The commissioner may establish a shorter period of time if
				justification is provided in the order to comply.
(2) An employer may request an administrative
				hearing on the order to comply at any time prior to the time set forth for
				compliance in the order to comply.
(3) If the employer has not requested a
				hearing, the commissioner, after the time set forth for compliance with the
				order to comply, may reexamine records submitted by the employer or may
				reinspect the premises. If the employer has not taken the necessary remedial
				steps required by the order to comply, the commissioner, upon notice and
				administrative hearing, may issue a decision on the order to comply which shall
				be deemed a final agency action pursuant to Iowa Code chapter 17A. The rules
				contained in 875-Chapter 1 are applicable to the hearing.
(4) In the event that the employer fails to
				comply with a decision on the order to comply, the commissioner may commence an
				action in the Iowa district court for injunctive and other equitable relief
				that may be just and equitable.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.1 - Signs Required and Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The employer shall post signs which will comply with this
				  rule. An employer need not comply with the sign posting requirements of subrule
				  140.1(2) if the building, structure, or location within the building or
				  structure does not contain a significant amount of the hazardous chemical as
				  defined in subrule 140.4(1). The National Fire Protection Association's
				  standard system for identifying fire hazards of chemicals based on NFPA
				  standard 704-1980 is adopted by reference.
(1)
Size.
The signs shall be
				at least 7½ inches on each side. The sign shall have four spaces each at
				least 3¾ inches on a side. Numbers and symbols within each of the four
				spaces shall be at least 3 inches in height.
(2)
Location.
If a building
				or structure has a floor space of 5000 square feet or less, an employer shall
				post signs on the outside of the building or structure identifying the type of
				each hazardous chemical contained in the building or structure. If the building
				has more than 5000 square feet, the employer shall post a sign at the place
				within the building where each hazardous chemical is permanently stored to
				identify the type of hazardous chemical. If the hazardous chemical is moved
				within the building, the employer shall also move the sign or post an
				additional sign at the location where the hazardous chemical is moved. This
				subrule applies to significant amounts of a hazardous chemical as defined in
				subrule 140.4(1).
(3)
Categories.
The signs shall identify hazards of a chemical in
				terms of three principal categories, namely, "health," "flammability," and
				"reactivity (instability)"; and indicate the order of severity numerically by
				five classifications ranging from four, indicating a severe hazard, to zero,
				indicating no special hazard. This information is to be presented by a spatial
				system of diagrams with "health" always being on the left; "flammability" at
				the top; and "reactivity (instability)" on the right. Color backgrounds and
				numbers are used for the three categories with blue representing "health"
				hazard, red representing "flammability," and yellow representing "reactivity
				(instability)." The fourth space shall be at the bottom and used to indicate
				unusual reactivity or other special hazard warnings in black and white
				colors.
(4)
Explosives
				exemption.
Any building or structure, other than an explosives
				manufacturing building, approved for the storage of explosive materials shall
				have signs located so as to minimize the possibility that a bullet shot at the
				sign will hit the magazine.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.2 - Employer Variance Applications

Current through Register Vol. 47, No. 3, July 24, 2024
An employer may make application to the commissioner for less
				  stringent sign posting requirements.
(1) The employer shall make written
				application for a variance.
(2) The
				employer shall have the burden of proof to show that compliance imposes an
				undue hardship on the employer and that the less stringent sign posting
				requirements as proposed by the employer offer substantially the same degree of
				notice and protection to emergency responders as if Iowa Code section
				89B.14
				were strictly applied.
(3)
				Procedure. The employer application shall be procedurally processed in the same
				manner as an application for waiver pursuant to 875-Chapter 1.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.3 - Agreement Between an Employer and Fire Department

Current through Register Vol. 47, No. 3, July 24, 2024
In instances where the posting of a sign for each hazardous
				  chemical would be ambiguous, repetitive, or where space is limited by the
				  physical characteristics of the structure, or in situations, such as in a
				  building, structure, or location, where a wide variety of materials may be
				  stored having varying degrees of hazards, the identifying symbol shall indicate
				  the most severe degree of hazard in each category except when a high hazard
				  rating would be misleading because of the presence of an insignificant quantity
				  of the material requiring the rating.
The employer and the local fire department may enter into a
				  written agreement providing for the posting of signs for the most hazardous
				  chemical in each principal category as set forth in subrule 140.1(2). The
				  agreement is subject to the approval of the division pursuant to the procedure
				  for a variance, as specified in rule
				  875-140.2 (89B). If the variance
				  is approved, the employer shall post in the same location as the required
				  posted signs a sign stating: "Signs not posted for all hazardous chemicals."
				  The sign shall be in block letters at least 3 inches in
				  height.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.4 - Information Submitted to Local Fire Department

Current through Register Vol. 47, No. 3, July 24, 2024
Via certified mail, the employer shall submit to the local
				  fire department a list of hazardous chemicals that the employer's facility
				  consistently generates, uses, stores, or transports. The employer shall submit
				  updated information as it becomes available to the employer.
(1) This rule shall apply to any amount of a
				hazardous chemical that meets at least one of the following:
a. Is a U.S. Department of Transportation
				Division 1.1, Division 1.2, or Division 1.3 explosive;
b. Is a U.S. Department of Transportation
				Division 2.3 toxic gas;
c. Is a
				U.S. Department of Transportation Division 6.1 toxic substance;
d. Is a U.S. Department of Transportation
				Division 4.3 material;
e. Is a U.S.
				Department of Transportation Radioactive Yellow III material;
f. Has an NFPA 704-2022 health rating of
				greater than or equal to 3;
g. Has
				an NFPA 704-2022 flammability rating of 4; or
h. Has an NFPA 704-2022 reactivity rating of
				4.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.6 - Recommended Communications

Current through Register Vol. 47, No. 3, July 24, 2024
It is recommended that local fire departments and employers
				  meet to collaborate on the types and amounts of hazardous chemicals as well as
				  any unusual hazards which may be encountered by emergency response
				  personnel.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.7 - Procedure for Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
If an employer fails to comply with the requirements of this
				  chapter, the fire chief in the jurisdiction of the employer may file a written
				  complaint with the commissioner.
Iowa Administrative Code › Agency 875 - Labor Services Division › Right to Know › Chapter 140 - Public Safety/emergency Response Right to Know › Rule 875-140.8 - Notice of Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may rely on the information provided by the
				  fire chief and immediately issue a notice of noncompliance to the
				  employer.
(1) Opportunity for hearing.
				The notice of noncompliance shall be sent by certified mail and shall set forth
				that the employer may have an opportunity to be heard, upon demand by the
				employer. In the event the employer demands a hearing, the commissioner may
				conduct an investigation or an inspection pursuant to 875-Chapter 3.
(2) In the event the employer does not demand
				a hearing within 30 days of the receipt of notice of noncompliance, the
				commissioner shall, without further notice, issue an order for compliance which
				shall be a final agency action pursuant to Iowa Code chapter 17A.
(3) In the event the issue of noncompliance
				comes for hearing before the commissioner, the commissioner may, at the
				conclusion of the hearing, issue an order for compliance which shall be a final
				agency action pursuant to Iowa Code chapter 17A or dismiss the complaint. Any
				hearing shall be conducted pursuant to the rules contained in 875-Chapter
				1.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements Iowa Code chapter 91C. The rules in
				  this chapter apply to all construction contractors, except for a person who
				  earns less than $2,000 annually or who performs work or has work performed on
				  the person's own property.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Commissioner"
means the labor commissioner
				  of the division of labor services of the workforce development department or
				  the commissioner's designee.
"Construction"
means new work, additions,
				  alterations, reconstruction, installations, repairs and demolitions.
				  Construction activities are generally administered or managed from a relatively
				  fixed place of business, but the actual construction work is performed at one
				  or more different sites which may be dispersed geographically. Examples of
				  construction activities, adopted by reference, are in
				  871-23.82 (96) for purposes of
				  the Iowa employment security law.
"Contractor"
means a person who engages in
				  the business of construction as the term is defined in
				  871-23.82 (96), for purposes of
				  the Iowa employment security law, including subcontractors and special trade
				  contractors.
"Division"
means the division of labor
				  services of the workforce development department.
"File"
means deliver to the
				  division.
"Out-of-state contractor"
means a
				  contractor whose principal place of business is in another state, and who
				  contracts to perform construction in this state.
"Principal place of business"
means the
				  state in which a substantial part of the contractor's business is transacted
				  and from which the centralized supervision is exercised. Factors to be reviewed
				  include:
1. State designated as home
				office on documents filed with governmental agencies.
2. State where payroll is prepared.
3. State where business transactions are
				performed.
4. State where officers,
				owners, or partners reside and work.
5. State in which bank accounts are
				located.
6. State in which fixed
				business property is located.
7.
				State where management decisions are made.
"Same phase of construction"
means in the
				  same type of construction operations or trade, such as, but not limited to,
				  electrical work; masonry, stonework, tile setting and plastering; roofing;
				  sheet metal work; excavation work; concrete work; glasswork; painting, paper
				  hanging and decorating; plumbing, heating and air conditioning work; carpentry
				  work; and miscellaneous special trade contractors.
"Working days"
means Mondays through Fridays
				  but shall not include Saturdays, Sundays or federal or state holidays. In
				  computing 15 working days, the day of receipt of any notice shall not be
				  included, and the last day of the 15 working days shall be
				  included.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.3 - Registration Required

Current through Register Vol. 47, No. 3, July 24, 2024
Before performing any construction work in this state, a
				  contractor shall be registered with the division. A joint venture is an
				  independent entity and shall be registered independently.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.4 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
A contractor that is covered by the license requirements of
				  Iowa Code chapter 105 shall apply for a contractor registration number by using
				  the application system of the Iowa plumbing and mechanical systems board. All
				  other contractors shall file an application with the division on forms provided
				  by the division. The application shall contain the applicable information and
				  documents specified in this rule.
(1)
Name.
The name of the contractor.
(2)
Place of business.
The
				complete mailing address of the principal place of business of the
				contractor.
(3)
Telephone
				number.
The business telephone number of the contractor.
(4)
Business classification.
The type of business entity of the contractor (i.e., corporation, partnership,
				sole proprietorship, trust, etc.).
(5)
Ownership information.
a. If the contractor is a corporation, the
				name, address, telephone number, and position of each officer of the
				corporation.
b. If the contractor
				is other than a corporation, the name, address, and telephone number of each
				owner.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.5 - Amendments to Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				contractor shall report to the commissioner any change in the information
				originally reported on or with the application within 15 working days of the
				change, except that the contractor shall notify the commissioner of changes to
				workers' compensation coverage within ten days prior to any change in
				coverage.
(2) After the time
				specified in subrule 150.5(1), with good cause shown the commissioner may
				determine that an amendment may be made to correct an application.
(3) Amendments to applications shall not be
				permitted where a change occurs in the business classification, such as, but
				not limited to, a change from a sole proprietorship to a corporation.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.6 - Fee

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New
				applications.
A new application deposited in the U.S. mail shall be
				accompanied by the fee effective on the date the application is postmarked. A
				new application delivered in any other manner shall be accompanied by the fee
				effective on the date the application is received by the division.
(2)
Renewal applications.
A
				timely renewal application shall be accompanied by the fee effective on the
				expiration date of the contractor's expiring registration. An application for
				renewal deposited in the U.S. mail after the expiration date of the
				contractor's expiring registration shall be accompanied by the fee effective on
				the date the application is postmarked. An application for renewal delivered to
				the division in a manner other than U. S. mail and after the expiration date of
				the contractor's expiring registration shall be accompanied by the fee
				effective on the date the application is received by the division.
(3)
Fee exemption.
Rescinded
				IAB 5/10/17, effective 6/14/17.
(4)
Amendments to applications.
A fee is not required for a
				permissible amendment to an application.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.7 - Registration Number Issuance

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 days of receipt of a completed application, the
				  commissioner will issue to the contractor a registration number. The
				  registration number will consist of the letter "C" followed by six unique
				  digits.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.8 - Workers' Compensation Insurance Cancellation Notifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Insurance company coverage.
The division shall be notified by
				the insurance company carrying the contractor's workers' compensation insurance
				at the time of cancellation. The notice shall contain:
a. The name of the insurance
				carrier;
b. The name of the insured
				contractor; and
c. The date the
				workers' compensation coverage cancellation is effective.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.9 - Investigations and Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Investigations.
Investigations may take many forms to
				determine if there is compliance with the law. Investigations shall take place
				at the times and in the places as the commissioner may direct. The commissioner
				may interview persons at the work site and utilize other reasonable
				investigatory techniques. The conduct of the investigation shall be such as to
				preclude unreasonable disruption of the operations of the work site.
				Investigations may be conducted without prior notice by correspondence,
				telephone conversations, or review of materials submitted to the division. At
				the initiation of an investigation at the contractor's establishment, the
				investigator shall present credentials, explain the nature and purpose of the
				investigation, and seek the consent of the owner, operator or agent in charge
				of the establishment. In the event the investigator is not permitted to fully
				conduct an investigation, the commissioner may seek an administrative warrant,
				if necessary.
(2)
Complaints.
Complaints in which the complainant provides a
				name and address made to the commissioner in writing shall receive a written
				response as to the results of the investigation. A complainant's name and other
				identifying information shall not be released if the complaint was included as
				a part of another complaint where the complainant's identity would be protected
				under other statutes or rules (i.e., a complaint filed under both Iowa Code
				chapters 88 and 91C).
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.10 - Citations/penalties and Appeal Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Citations.
The
				commissioner shall issue a citation to a contractor where an investigation
				reveals the contractor has violated:
a. The
				requirement that the contractor be registered;
b. The requirement that the contractor's
				registration information be substantially complete and accurate; or
c. The requirement that an out-of-state
				contractor file a bond with the division.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.11 - Revocation of Registrations and Appeal Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reason for revocation.
The commissioner shall seek revocation of a contractor's registration where an
				investigation reveals the contractor failed to meet the conditions of
				registration at the time of issuance or no longer meets the
				conditions.
(2)
Notice of
				revocation.
The commissioner shall serve a notice of intent to revoke
				on the contractor by personal service or by restricted certified mail to the
				address listed in the application or by other service as permitted in the Iowa
				Rules of Civil Procedure. The notice shall set the time for a fact-finding
				interview.
(3)
Fact-finding
				interview.
The purpose of the fact-finding interview is to ensure the
				contractor is not in compliance before the registration is revoked. The
				contractor may file a request for an in-person fact-finding interview at least
				72 hours before the fact-finding interview is scheduled to begin. Otherwise,
				the fact-finding interview will be conducted by telephone. The contractor may
				notify the fact finder of a telephone number to use at least 24 hours before
				the fact-finding interview is scheduled to begin. Otherwise, the fact finder
				shall call the number on file for the contractor. The fact-finding interview
				may be conducted via videoconference if the fact finder and the contractor make
				arrangements in advance.
(4)
				Rescinded IAB 8/28/19, effective 10/2/19.
(5)
Decision.
The
				commissioner shall serve the decision of the fact-finding interview on the
				contractor by certified mail to the address listed on the application or to
				another address provided by the contractor. If the certified mail is returned
				unclaimed or undelivered, the commissioner shall serve the decision by other
				service as permitted in the Iowa Rules of Civil Procedure.
(6)
Effective date of
				revocation.
Revocations shall become effective 21 days after certified
				mailing of the decision.
(7)
				Rescinded IAB 8/28/19, effective 10/2/19.
(8)
Notice of contest.
The
				contractor shall have 15 working days from receipt of the decision issued
				pursuant to subrule 150.11(5) to file a notice of contest. The notice of
				contest shall be filed with the commissioner, who shall forward it to the
				employment appeal board.
(9)
Notice of contest procedures.
The rules of procedure of the
				employment appeal board shall apply to notices of contest.
(10)
Effect of revocation.
A
				contractor whose registration is revoked may reapply for a new registration
				number if all requirements for registration eligibility are met.
(11)
Relinquishing registration
				certificate.
A contractor shall return the original registration
				certificate to the division when a revocation or suspension becomes
				final.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.12 - Concurrent Actions

Current through Register Vol. 47, No. 3, July 24, 2024
Actions under rules
				  875-150.10
				  (91C) and 150.11(91C) may proceed at the same time against a
				  contractor.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 150 - Construction Contractor Registration › Rule 875-150.16 - Bond Release

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notifications.
Prior to releasing a bond, the commissioner
				will notify the department of revenue, the unemployment insurance services
				division of the workforce development department, and applicable state
				subdivisions of the intent to release the bond. The commissioner shall provide
				ten days for the filing of objections to the release of the bond. The
				commissioner may deem any failure to respond to the notice within the time
				provided as an approval of the release.
(2)
Conditions for release.
				A
bond shall not be released until the contractor has made payment of
				all taxes, including contributions due under the unemployment compensation
				insurance system, penalties, interest, and fees, which may accrue to the state
				of Iowa or its subdivisions on account of the execution and performance of the
				contract or approval for the release is obtained from the appropriate
				agencies.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Business entity"
means a partnership, firm,
				  association, corporation, sole proprietorship, or other business concern. A
				  business entity that uses its own employees in removing or encapsulating
				  asbestos for the purpose of renovating, maintaining or repairing its own
				  facilities is not included.
"Contractor/supervisor"
means a person who
				  supervises workers on asbestos projects or a person who enters into contracts
				  to perform asbestos projects and personally completes the work.
"Division "
means the division of labor
				  services.
"Friable asbestos material"
means any
				  material containing more than 1 percent asbestos by weight and that can be
				  crumbled, pulverized, or reduced to powder by hand pressure when dry.
"Inspector "
means a person who inspects for
				  asbestos-containing building materials in a school or a public or commercial
				  building.
"License "
means an authorization issued by
				  the division permitting an individual to be employed as a worker,
				  contractor/supervisor, inspector, management planner, or project
				  designer.
"Management planner"
means a person who
				  prepares asbestos management plans for a school building.
"Permit"
means an authorization issued by
				  the division permitting a business entity to remove or encapsulate
				  asbestos.
"Project designer"
means a person who
				  designs asbestos response or maintenance projects for a school or a public or
				  commercial building.
"Worker "
means a person who performs
				  response or maintenance activities on one or more asbestos projects.
"Working days"
means Monday through Friday
				  including holidays that fall on Monday through Friday. The first working day
				  shall be the date of actual delivery or the postmark date, whichever is
				  earlier. However, documents with Saturday or Sunday postmark dates will be
				  treated as though postmarked on the following Monday.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.2 - Permit Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
To apply
				for or to renew a permit, a business entity shall complete and submit the form
				provided by the division. All requested applicable information and attachments
				must be provided. A $500 nonrefundable application fee shall accompany each
				permit application.
(2)
Action on application.
A new permit shall be valid for one
				year from the date of issuance. A renewal permit shall be valid for one year
				from the expiration date of the applicant's prior permit. A permit may be
				denied for the reasons set forth in rule
				875-155.8 (17A,88B, 252J, 272D)
				or if the application package is incomplete. Within 60 days of receiving a
				completed application package for a new permit, the division will issue a
				permit or deny the application. Within 30 days of receiving a completed
				application package for a permit renewal, the division will issue a permit or
				deny the application. Applications received after expiration of a prior permit
				will be considered applications for new permits rather than renewals.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.3 - Other Asbestos Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
Regulation of encapsulation, removal and abatement procedures
				  are found in 875-Chapters 10 and 26 and 567-Chapter 23. Nothing in this chapter
				  shall be viewed as providing an exemption, waiver, or variance from any
				  otherwise applicable regulation or statute.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.4 - Asbestos Project Records

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to meeting requirements set forth in the
				  occupational safety and health standards of
				  29 CFR
				  1910.1020, the permittee shall keep a record
				  of each asbestos project it performs and shall make the record available to the
				  division at any reasonable time. Records required by this rule shall be kept
				  for at least six years. The records shall include:
(1) The name, address, and license number of
				the individual who supervised the asbestos project and of each employee or
				agent who worked on the project.
(2) The location and a description of the
				project and the amount of asbestos material that was removed.
(3) The start and completion dates of each
				instance of removal or encapsulation.
(4) A summary of the procedures that were
				used to comply with all applicable standards.
(5) The name and address of each asbestos
				disposal site where the asbestos-containing waste was deposited.
(6) A receipt from the asbestos disposal site
				indicating the amount of asbestos and disposal date.
(7) to (9) Rescinded IAB 8/28/19, effective
				10/2/19.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.5 - Ten-day Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Permittees shall notify the division at least ten
				working days before an asbestos project begins. A project begins when site
				preparations for asbestos abatement, encapsulation, or removal begin; when
				asbestos abatement, encapsulation, or removal begins; or when any demolition
				begins, whichever is sooner. Legible electronic transmissions of ten-day
				notices in the proper format shall be accepted. If work on the asbestos-removal
				project does not commence within 30 calendar days of the original start date
				identified in the ten-day notice given by permittees to the division, a revised
				ten-day notice shall be submitted to the division.
(2)
Emergency.
When there is
				an immediate danger to life, health or property, the permittee may file the
				notice within five days after beginning the project. An explanation of the
				emergency must be included.
(3)
Format.
The notice shall be submitted online at
www.iowadivisionoflabor.gov
or
				be on an 8½"³ by 11"³ sheet of paper and shall contain the
				following information:
a. The name, address,
				and telephone number of and contact person for the permittee performing the
				project.
b. The name, address, and
				telephone number of the project.
c.
				A description of the structure and work to be performed, including type and
				quantity of asbestos-containing material.
d. The scheduled dates of the project's start
				and end.
e. Designation of the
				asbestos disposal site.
f. The
				signature and printed name of the person who completed the form.
g. The shift or work schedule on which the
				project will be performed.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.8 - Denial, Suspension and Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The division
				may deny an application or suspend or revoke a permit or license when an
				investigation reasonably determines any of the following:
a. Fraud or deception was utilized in
				obtaining or attempting to obtain a permit or license.
b. The qualifications for a permit or license
				are not met.
c. Any applicable
				federal or state standard for removal or encapsulation of asbestos was
				violated.
d. An unlicensed or
				untrained person was employed or allowed to work on an asbestos
				project.
e. The division received a
				certificate of noncompliance from the centralized collection unit of the
				department of revenue or the child support recovery unit of the department of
				human services.
f. Penalties or
				other debts are owed by the applicant to the division and are 30 days or more
				in arrears.
Iowa Administrative Code › Agency 875 - Labor Services Division › Construction-registration and Bonding › Chapter 155 - Asbestos Removal and Encapsulation › Rule 875-155.9 - Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule applies to civil penalty assessments and to
				denials, revocations and suspensions of asbestos licenses and
				permits.
(2)
Procedures.
The labor commissioner shall serve a notice of
				intended action by restricted certified mail, return receipt requested, or by
				other service as permitted by Iowa Code section 17A. 18. A notice of contest
				must be received by the labor commissioner within 20 days after service of the
				notice of intended action. If a notice of contest is not timely filed, the
				action stated in the notice of intended action shall automatically be
				effective. Hearing procedures for asbestos contested cases are set forth in
				875-Chapter 1, Division V. However, if a contested case is based on receipt by
				the division of a certificate of noncompliance, procedures outlined in Iowa
				Code chapter 252J or 272D shall apply.