SF 3140

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to boiler operations; making changes to licensing procedures; authorizing
rulemaking; amending Minnesota Statutes 2006, sections 183.411, subdivision 3;
183.545, subdivision 4; Minnesota Statutes 2007 Supplement, sections 183.501;
183.51.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 183.411, subdivision 3, is amended to read:

Subd. 3.

Licenses.

A license to operate steam farm traction engines, portable and
stationary show engines, and portable and stationary show boilers shall be issued to an
applicant who:

(1) is 18 16 years of age or older;

(2) has a licensed second class grade A or higher class engineer or steam traction
(hobby) engineer sign the an affidavit attesting to the applicant's competence in operating
said these devices and that the applicant has demonstrated the ability to perform each task
on the list, approved by the chief boiler inspector, of tasks associated with the operation
of the devices;

(3) has at least 50 hours of operating experience on the devices, eight hours of which
must be operating the boiler under load, and up to 16 hours of which may be satisfied by
attendance at a school of instruction in operating the devices;

(4) passes a written test for competence in operating said the devices; and

(4) has at least 25 hours of actual operating experience on said devices; and

(5) pays the required fee.

A license shall be is valid for the lifetime of the licensee unless revoked for cause. A
onetime fee pursuant to section 183.545, subdivision 4, shall be charged for the license.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 183.501, is amended to read:

183.501 LICENSE REQUIREMENT.

(a) No individual shall be entrusted with the operation of or To operate any a boiler,
steam engine, or turbine who has not an individual must have received a license of for the
grade covering that boiler, steam engine or turbine. The license shall must be renewed
annually, except as provided in section 183.411 and except for provisional licenses
described in paragraphs (d) to (g).

(b) For purposes of this chapter, "operation" shall does not include monitoring of
an automatic boiler, either through on premises inspection of the boiler or by remote
electronic surveillance, provided that no operations are performed upon the boiler other
than emergency shut down in alarm situations.

(c) No individual under the influence of illegal drugs or alcohol shall be entrusted
with the operation of or shall may operate any a boiler, steam engine, or turbine, or shall
be entrusted with the monitoring of or shall monitor an automatic boiler.

(d) The commissioner may issue a provisional license to allow an employee of a
high pressure boiler plant to operate boilers greater than 500 horsepower at only that
boiler plant if:

(1) the boiler plant has a designated chief engineer in accordance with Minnesota
Rules, part 5225.0410;

(2) the boiler plant employee holds a valid license as a second-class engineer,
Grade A or B;

(3) the chief engineer in charge of the boiler plant submits an application to the
commissioner on a form prescribed by the commissioner to elicit information on whether
the requirements of this paragraph have been met;

(4) the chief engineer in charge of the boiler plant and an authorized representative
of the owner of the boiler plant both sign the application for the provisional license;

(5) the owner of the boiler plant has a documented training program with examination
for boilers and equipment at the boiler plant to train and test the boiler plant employee; and

(6) if the application were to be granted, the total number of provisional licenses
for employees of the boiler plant would not exceed the total number of properly licensed
first-class engineers and chief engineers responsible for the safe operation of the boilers
at the boiler plant.

(e) A public utility, cooperative electric association, generation and transmission
cooperative electric association, municipal power agency, or municipal electric utility
that employs licensed boiler operators who are subject to an existing labor contract may
use a provisional licensee as an operator only if using the provisional licensee does not
violate the labor contract.

(f) Each provisional license expires 36 months after the date of issuance unless
revoked less than 36 months after the date of issuance. A provisional license may not be
renewed.

(g) The commissioner may issue no more than two provisional licenses to any
individual within a four-year period.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2007 Supplement, section 183.51, is amended to read:

183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.

Subdivision 1.

Engineers, classes.

Engineers shall be divided into four classes:

(1) Chief engineers; Grade A, Grade B, and Grade C.

(2) First class engineers; Grade A, Grade B, and Grade C.

(3) Second class engineers; Grade A, Grade B, and Grade C.

(4) Special engineers.

Subd. 2.

Applications.

Any individual who desires an engineer's license shall
submit an application on a written or electronic form prescribed by the commissioner, at
least 15 days before the requested exam date. The application permits If the commissioner
approves the applicant for examination, the applicant to may take the examination on one
occasion within one year from the date the commissioner receives the application.

Subd. 2a.

Examinations.

Each applicant for a license must pass an examination
developed and administered by the commissioner. The examinations shall be of sufficient
scope to establish the competency of the applicant to operate a boiler of the applicable
license class and grade.

Subd. 2b.

Continuing education.

The commissioner may require continuing
education prior to the renewal of any license. Before requiring continuing education, the
commissioner shall adopt rules that specify the continuing education requirements.

Subd. 3.

High and low pressure boilers.

For the purposes of this section and
section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor
pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.

Subd. 4.

Chief engineer, Grade A.

An individual seeking licensure as a chief
engineer, Grade A, shall be at least 18 years of age and have experience which verifies that
the individual is competent to take charge of and be responsible for the safe operation and
maintenance of all classes of boilers, steam engines, and turbines and their appurtenances;
and, before receiving a license, the applicant shall take and subscribe an oath attesting to
at least five years actual experience in operating such the boilers except as provided in
subdivision 16, including at least two years experience in operating such the engines or
turbines except as provided in subdivision 16.

Subd. 5.

Chief engineer, Grade B.

An individual seeking licensure as a chief
engineer, Grade B, shall be at least 18 years of age and have habits and experience which
justify the belief that the individual is competent to take charge of and be responsible for
the safe operation and maintenance of all classes of boilers and their appurtenances; and,
before receiving a license, the applicant shall take and subscribe an oath attesting to at least
five years actual experience in operating those boilers except as provided in subdivision 16.

Subd. 6.

Chief engineer, Grade C.

An individual seeking licensure as a chief
engineer, Grade C, shall be at least 18 years of age and have habits and experience which
justify the belief that the individual is competent to take charge of and be responsible
for the safe operation and maintenance of all classes of low pressure boilers and their
appurtenances, and before receiving a license, the applicant shall take and subscribe
an oath attesting to at least five years of actual experience in operating such the boilers
except as provided in subdivision 16.

Subd. 7.

First-class engineer, Grade A.

An individual seeking licensure as a
first-class engineer, Grade A, shall be at least 18 years of age and have experience which
verifies that the individual is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of boilers, engines, and turbines and their
appurtenances of not more than 300 500 horsepower or to operate as a shift engineer in a
plant of unlimited horsepower. Before receiving a license, the applicant shall take and
subscribe an oath attesting to at least three years actual experience in operating such the
boilers, including at least two years experience in operating such engines or turbines
except as provided in subdivision 16.

Subd. 8.

First-class engineer, Grade B.

An individual seeking licensure as
a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of boilers of not
more than 300 500 horsepower or to operate as a shift engineer in a plant of unlimited
horsepower. Before receiving a license the applicant shall take and subscribe an oath
attesting to at least three years actual experience in operating such the boilers except as
provided in subdivision 16.

Subd. 9.

First-class engineer, Grade C.

An individual seeking licensure as
a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of low pressure boilers
and their appurtenances of not more than 300 500 horsepower or to operate as a shift
engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
applicant shall take and subscribe an oath attesting to at least three years actual experience
in operating such the boilers except as provided in subdivision 16.

Subd. 10.

Second-class engineer, Grade A.

An individual seeking licensure as a
second-class engineer, Grade A, shall be at least 18 years of age and have experience
which verifies that the individual is competent to take charge of and be responsible for the
safe operation and maintenance of all classes of boilers, engines, and turbines and their
appurtenances of not more than 100 horsepower or to operate as a shift engineer in a
plant of not more than 300 500 horsepower, or to assist the shift engineer, under direct
supervision, in a plant of unlimited horsepower. Before receiving a license the applicant
shall take and subscribe an oath attesting to at least one year of actual experience in
operating such the boilers, including at least one year of experience in operating such the
engines or turbines except as provided in subdivision 16.

Subd. 11.

Second-class engineer, Grade B.

An individual seeking licensure as a
second-class engineer, Grade B, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of boilers of not
more than 100 horsepower or to operate as a shift engineer in a plant of not more than
300 500 horsepower or to assist the shift engineer, under direct supervision, in a plant of
unlimited horsepower. Before receiving a license the applicant shall take and subscribe
an oath attesting to at least one year of actual experience in operating such the boilers
except as provided in subdivision 16.

Subd. 12.

Second-class engineer, Grade C.

An individual seeking licensure as a
second-class engineer, Grade C, shall be at least 18 years of age and have habits and
experience which justify the belief that the individual is competent to take charge of and
be responsible for the safe operation and maintenance of all classes of low pressure boilers
and their appurtenances of not more than 100 horsepower or to operate as a shift engineer
in a low pressure plant of not more than 300 500 horsepower, or to assist the shift engineer,
under direct supervision, in a low pressure plant of unlimited horsepower. Before receiving
a license, the applicant shall take and subscribe an oath attesting to at least one year of
actual experience in operating such the boilers except as provided in subdivision 16.

Subd. 13.

Special engineer.

(a) An individual seeking licensure as a special
engineer shall be at least 18 years of age and have habits and experience which justify the
belief that the individual is competent to take charge of and be responsible for the safe
operation and maintenance of all classes of boilers and their appurtenances of not more
than 30 50 horsepower or to operate as a shift engineer in a plant of not more than 100
horsepower, or to serve as an apprentice in any plant under the direct supervision of
the properly licensed engineer.

(b) An individual seeking licensure as a special engineer who is at least 16 years
of age but less than 18 years of age must be enrolled in a course approved by the
commissioner, and have habits and experience that justify the belief that the individual is
competent to take charge of and be responsible for the safe operation and maintenance of
all classes of boilers and their appurtenances of not more than 50 horsepower or to operate
as a shift engineer in a plant of not more than 100 horsepower, or to serve as an apprentice
in any plant under the direct supervision of the properly licensed engineer.

Subd. 14.

Current boiler operators.

Any individual operating a boiler other
than a steam boiler on or before April 15, 1982, shall be qualified for application for
the applicable class license upon presentation of an affidavit furnished by an inspector
and sworn to by the individual's employer or a chief engineer. Except as provided in
subdivision 16, the applicant must have at least the number of years of actual experience
specified for the class of license requested and pass the appropriate examination.

Subd. 15.

Rating horsepower.

For the purpose of rating boiler horsepower for
engineer license classifications only: ten square feet of heating surface shall be considered
equivalent to one boiler horsepower for conventional boilers and five square feet of
heating surface equivalent to one boiler horsepower for steam coil type generators.

Subd. 16.

Educational offset.

Notwithstanding the experience requirements in
subdivisions 4 to 14, the commissioner may by rule establish educational equivalencies
that an applicant may meet instead of a portion of the specified operating experience.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:

Subd. 4.

Boiler engineer license fees.

For the following licenses, the nonrefundable
license and application fee is:

(1) chief engineer's license, $50;

(2) first class engineer's license, $50;

(3) second class engineer's license, $50;

(4) special engineer's license, $20; and

(5) traction or hobby boiler engineer's license, $50; and

(6) provisional license, $50.

An engineer's license, except a provisional license, may be renewed upon application
and payment of an annual renewal fee of $20. The annual renewal, if paid later than 30
days after expiration, is $35. The fee for replacement of a current, valid license is $20.

EFFECTIVE DATE.

This section is effective the day following final enactment.