SF 549

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/01/2013 08:32am

A bill for an act
relating to labor; regulating employment in the elevator industry; amending
Minnesota Statutes 2012, sections 326.02, subdivision 5; 326B.163, by adding
subdivisions; 326B.187; 326B.191; 326B.33, subdivisions 19, 21; proposing
coding for new law in Minnesota Statutes, chapter 326B; repealing Minnesota
Statutes 2012, section 326B.31, subdivisions 18, 19, 22; Minnesota Rules, parts
3800.3520, subpart 5, items C, D; 3800.3602, subpart 2, item B.

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

Section 1.

Minnesota Statutes 2012, section 326.02, subdivision 5, is amended to read:

Subd. 5.

Limitation.

The provisions of sections 326.02 to 326.15 shall not apply
to the preparation of plans and specifications for the erection, enlargement, or alteration
of any building or other structure by any person, for that person's exclusive occupancy
or use, unless such occupancy or use involves the public health or safety or the health
or safety of the employees of said person, or of the buildings listed in section 326.03,
subdivision 2, nor to any detailed or shop plans required to be furnished by a contractor
to a registered engineer, landscape architect, architect, or certified interior designer,
nor to any standardized manufactured product, nor to any construction superintendent
supervising the execution of work designed by an architect, landscape architect, engineer,
or certified interior designer licensed or certified in accordance with section 326.03, nor
to the planning for and supervision of the construction and installation of work by an
electrical new text begin or elevator new text end contractor or master plumber as defined in and licensed pursuant to
chapter 326B, where such work is within the scope of such licensed activity and not
within the practice of professional engineering, or architecture, or where the person does
not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.

Sec. 2.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Direct supervision. new text end

new text begin "Direct supervision" means:
new text end

new text begin (1) an unlicensed individual is being directly supervised by an individual licensed
to perform the elevator work being supervised during the entire time the unlicensed
individual is performing elevator work;
new text end

new text begin (2) the licensed individual is physically present at the location where the unlicensed
individual is performing elevator work and immediately available to the unlicensed
individual at all times for assistance and direction;
new text end

new text begin (3) the licensed individual shall review the elevator work performed by the
unlicensed individual before the elevator work is operated; and
new text end

new text begin (4) the licensed individual is able to and does determine that all elevator work
performed by the unlicensed individual is performed in compliance with the elevator code.
new text end

Sec. 3.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Elevator contractor. new text end

new text begin "Elevator contractor" means a licensed contractor
whose responsible licensed individual is a master elevator constructor. An elevator
contractor license does not itself qualify its holder to perform or supervise elevator work
authorized by holding a personal license issued by the commissioner.
new text end

Sec. 4.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Limited elevator contractor. new text end

new text begin "Limited elevator contractor" means a
licensed contractor whose responsible licensed individual is a limited master elevator
constructor. A limited elevator contractor or its employees may only install, test, or alter
elevator equipment in a residential dwelling.
new text end

Sec. 5.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Elevator work. new text end

new text begin "Elevator work" means the installing, maintaining,
altering, repairing, testing, planning, or laying out of elevator apparatus or equipment
as covered by Minnesota Rules, chapters 1307 and 1315. Elevator work also includes
the disconnection of electrical wiring and the decommissioning of elevator equipment
to enable safe removal.
new text end

Sec. 6.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 13. new text end

new text begin Master elevator constructor. new text end

new text begin "Master elevator constructor" means
an individual having the necessary qualifications, training, experience, and technical
knowledge to properly plan, lay out, supervise, and perform the installation, maintenance,
altering, testing, wiring, and repair of apparatus and equipment for elevators, including
electrical wiring on the load side of the elevator equipment disconnect and who is licensed
as a master elevator constructor by the commissioner.
new text end

Sec. 7.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Limited master elevator constructor. new text end

new text begin "Limited master elevator
constructor" means an individual having the necessary qualifications, training, experience,
and technical knowledge to properly plan, lay out, supervise, and perform the testing,
altering installation, maintenance, and repair of wiring, apparatus, and equipment for
elevator equipment in residential dwellings, including wiring on the load side of the
elevator equipment disconnect and who is licensed as a limited master elevator constructor
by the commissioner.
new text end

Sec. 8.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 15. new text end

new text begin Journeyman elevator constructor. new text end

new text begin "Journeyman elevator constructor"
means an individual having the necessary qualifications, training, experience, and
technical knowledge to install, maintain, alter, test, and repair apparatus and equipment for
elevators, including electrical wiring on the load side of the elevator equipment disconnect
and who is licensed as a journeyman elevator constructor by the commissioner.
new text end

Sec. 9.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 16. new text end

new text begin Registered unlicensed elevator constructor. new text end

new text begin "Registered unlicensed
elevator constructor" means an individual who has registered with the department but is
not licensed by the commissioner to perform elevator work.
new text end

Sec. 10.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 17. new text end

new text begin Residential dwelling. new text end

new text begin "Residential dwelling" is a single dwelling unit
that is contained in a one-family, two-family, or multifamily dwelling. A residential
dwelling also includes outdoor space at a one-family dwelling.
new text end

Sec. 11.

Minnesota Statutes 2012, section 326B.163, is amended by adding a
subdivision to read:

new text begin Subd. 18. new text end

new text begin Responsible licensed individual. new text end

new text begin "Responsible licensed individual"
means an individual licensed as a master elevator constructor or limited master elevator
constructor and who is identified as the responsible licensed individual on an elevator
contractor license application.
new text end

Sec. 12.

new text begin [326B.164] LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Master elevator constructor. new text end

new text begin (a) Except as otherwise provided by
law, no individual shall perform or supervise elevator work, unless the individual is:
new text end

new text begin (1) licensed by the commissioner as a master elevator constructor; and
new text end

new text begin (2) the elevator work is for a licensed elevator contractor and the individual is an
employee, partner, or officer of, or is the licensed contractor.
new text end

new text begin (b) An applicant for a master elevator constructor license shall:
new text end

new text begin (1) have at least one year of experience, acceptable to the commissioner, as a
licensed journeyman elevator constructor; or
new text end

new text begin (2) have at least six years experience, acceptable to the commissioner, in planning
for, laying out, supervising and installing apparatus, equipment, and wiring for elevators.
new text end

new text begin (c) Individuals licensed as master elevator constructors under section 326B.33,
subdivision 11, as of December 31, 2013, shall not be required to pass an examination
under this section but, effective January 1, 2014, shall be subject to the requirements of
sections 326B.163 to 326B.191.
new text end

new text begin (d) Except for the initial license term, as a condition of license renewal, master
elevator constructors must attain a minimum of 16 hours of continuing education credit
approved by the commissioner every renewal period. Not less than 12 hours shall be based
on the Minnesota Elevator Code or elevator technology, and not less than four hours shall
be based on the National Electrical Code.
new text end

new text begin Subd. 2. new text end

new text begin Limited master elevator constructor. new text end

new text begin (a) Except as otherwise provided
by law, no individual shall perform or supervise elevator work in a residential dwelling
unless the individual is:
new text end

new text begin (1) licensed by the commissioner as a limited master elevator constructor; and
new text end

new text begin (2) the elevator work is for a limited elevator contractor and the individual is an
employee, partner, or officer of, or is the licensed contractor.
new text end

new text begin (b) An applicant for a limited master elevator constructor license shall have at
least two years of experience acceptable to the commissioner in installing apparatus,
equipment, and wiring for elevators.
new text end

new text begin (c) Except for the initial license term, as a condition of license renewal, limited
master elevator constructors must attain a minimum of eight hours of continuing education
credit approved by the commissioner every renewal period. Not less than six hours shall
be based on the Minnesota Elevator Code or elevator technology, and not less than two
hours on the National Electrical Code.
new text end

new text begin Subd. 3. new text end

new text begin Journeyman elevator constructor. new text end

new text begin (a) Except as otherwise provided
by law, no individual shall perform and supervise elevator work except for planning or
laying out of elevator work, unless:
new text end

new text begin (1) the individual is licensed by the commissioner as a journeyman elevator
constructor; and
new text end

new text begin (2) the elevator work is for an elevator contractor and the individual is an employee,
partner, or officer of the licensed elevator contractor.
new text end

new text begin (b) An applicant for a journeyman elevator constructor license shall have completed
a four-year elevator mechanics apprenticeship registered with the United States
Department of Labor or worked at least 9,000 hours in five consecutive years for a
licensed elevator contractor, acceptable to the commissioner; installing, maintaining,
modernizing, testing, wiring, and repairing elevators.
new text end

new text begin (c) Individuals licensed as journeyman elevator constructors under section 326B.33,
subdivision 8, as of December 31, 2013, shall not be required to pass an examination
under this section but, effective January 1, 2014, shall be subject to the requirements of
sections 326B.163 to 326B.191.
new text end

new text begin (d) As a condition of license renewal, journeyman elevator constructors must attain
a minimum of 16 hours of continuing education credit approved by the commissioner
every renewal period. Not less than 12 hours shall be based on the Minnesota Elevator
Code or elevator technology, and not less than four hours shall be based on the National
Electrical Code.
new text end

new text begin Subd. 4. new text end

new text begin Registered unlicensed elevator constructor. new text end

new text begin (a) An unlicensed individual
shall not perform elevator work, unless the individual has first registered with the
department as an unlicensed elevator constructor. Except as allowed by subdivision 12, a
registered unlicensed elevator constructor shall not perform elevator work, unless the work
is performed under the direct supervision of an individual actually licensed to perform
such work. The licensed elevator constructor and the registered unlicensed elevator
constructor must be employed by the same employer. Unlicensed individuals shall not
supervise the performance of elevator work or make assignments of elevator work to
unlicensed individuals. Licensed elevator constructors shall provide direct supervision for
no more than two registered unlicensed elevator constructors.
new text end

new text begin (b) Notwithstanding any other provision of this section, no individual other than a
master elevator constructor or limited master elevator constructor shall plan or lay out
elevator wiring, apparatus, or equipment.
new text end

new text begin (c) Contractors employing registered unlicensed elevator constructors performing
elevator work shall maintain records establishing compliance with this subdivision that
shall identify all unlicensed individuals performing elevator work and shall permit the
department to examine and copy all such records.
new text end

new text begin (d) When a licensed elevator constructor supervises the elevator work of an
unlicensed individual, the licensed elevator constructor is responsible for ensuring that the
elevator work complies with this section and the Minnesota Elevator Code.
new text end

new text begin (e) A registered unlicensed elevator constructor with a minimum of one year
experience may perform the following maintenance tasks for elevator equipment without
being provided with direct supervision: oiling, cleaning, greasing, painting, relamping,
and replacing of escalator and moving walk comb teeth.
new text end

new text begin Subd. 5. new text end

new text begin Registration of unlicensed individuals. new text end

new text begin (a) Unlicensed individuals
performing elevator work for a contractor shall register with the department in the manner
prescribed by the commissioner. Experience credit for elevator work performed in
Minnesota after January 1, 2009, by an applicant for a license identified in this section
shall not be granted where the applicant has not registered with the department or is
not licensed by the department.
new text end

new text begin (b) As a condition of renewal of their registration, unlicensed individuals shall attain
a minimum of two hours of continuing education credit approved by the commissioner
every renewal period. The continuing education course shall be based on the Minnesota
Elevator Code or elevator technology.
new text end

new text begin (c) Individuals registered under section 326B.33, subdivision 13, whose registration
expires after July 31, 2013, shall be subject to the registration requirements of this
subdivision and the requirements of sections 326B.163 to 326B.191.
new text end

new text begin Subd. 6. new text end

new text begin Contractor's license required. new text end

new text begin (a) No individual, other than an employee,
partner, or officer of a licensed contractor, as defined by section 326B.163, subdivision
10, shall perform or offer to perform elevator work with or without compensation, unless
the individual obtains a contractor's license. A contractor's license does not of itself
qualify its holder to perform or supervise the elevator work authorized by holding any
class of personal license.
new text end

new text begin (b) Companies licensed under section 326B.33, subdivision 14, as of July 31, 2013,
shall not be required to comply with this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Bond required. new text end

new text begin As a condition of licensing, each contractor shall give
and maintain bond to the state in the sum of $25,000, conditioned upon the faithful and
lawful performance of all work contracted for or performed by the contractor within the
state of Minnesota, and such bond shall be for the benefit of persons injured or suffering
financial loss by reason of failure of such performance. The bond shall be filed with
the commissioner and shall be in lieu of all other license bonds to any other political
subdivision. The bond shall be written by a corporate surety licensed to do business
in the state of Minnesota.
new text end

new text begin Subd. 8. new text end

new text begin Insurance required. new text end

new text begin Each elevator contractor shall have and maintain
in effect general liability insurance, which includes premises and operations insurance
and products and completed operations insurance, with limits of at least $100,000 per
occurrence, $300,000 aggregate limit for bodily injury, and property damage insurance
with limits of at least $50,000, or a policy with a single limit for bodily injury and property
damage of $300,000 per occurrence and $300,000 aggregate limits. The insurance shall be
written by an insurer licensed to do business in the state of Minnesota and each contractor
shall maintain on file with the commissioner a certificate evidencing such insurance. In the
event of a policy cancellation, the insurer shall send written notice to the commissioner at
the same time that a cancellation request is received from or a notice is sent to the insured.
new text end

new text begin Subd. 9. new text end

new text begin Employment of responsible individual. new text end

new text begin (a) Each elevator contractor
must designate a responsible master elevator constructor or limited master elevator
constructor who shall be the responsible individual for the performance of all elevator
work in accordance with the requirements of sections 326B.163 to 326B.191, all rules
adopted under these sections, and all orders issued under section 326B.082. The classes of
work that a licensed contractor is authorized to perform shall be limited to the classes of
work that the responsible individual is allowed to perform.
new text end

new text begin (b) When a contractor's license is held by an individual, sole proprietorship,
partnership, limited liability company, or corporation, and the individual, proprietor, one
of the partners, one of the members, or an officer of the corporation, respectively, is not the
responsible master elevator constructor or limited master elevator constructor, all elevator
permits shall be submitted by the responsible master elevator constructor or limited
master elevator constructor. If the contractor is an individual or a sole proprietorship,
the responsible master or limited master elevator constructor must be the individual,
proprietor, or managing employee. If the contractor is a partnership, the responsible
master or limited master elevator constructor must be a general partner or managing
employee. If the licensed contractor is a limited liability company, the responsible master
or limited master elevator constructor must be a chief manager or managing employee.
If the contractor is a corporation, the responsible master or limited master elevator
constructor must be an officer or managing employee. If the responsible master or limited
master elevator constructor is a managing employee, the responsible individual must be
actively engaged in performing elevator work on behalf of the contractor, and cannot be
employed in any capacity performing elevator work for any other elevator contractor or
employer. An individual may be the responsible individual for only one contractor.
new text end

new text begin (c) All applications and renewals for contractor licenses shall include a verified
statement that the applicant and responsible individual are in compliance with this
subdivision.
new text end

new text begin Subd. 10. new text end

new text begin Examination. new text end

new text begin In addition to the other requirements described in this
section and sections 326B.091 to 326B.098, as a precondition to issuance of a personal
license, each applicant must pass a written or oral examination developed and administered
by the commissioner to ensure the competence of each applicant for license. An oral
examination shall be administered only to an applicant who furnishes a written statement
from a certified teacher or other professional, trained in the area of reading disabilities,
stating that the applicant has a specific reading disability that would prevent the applicant
from performing satisfactorily on a written test. The oral examination shall be structured
so that an applicant who passes the examination will not impair the applicant's own safety
or that of others while acting as a licensed individual.
new text end

new text begin Subd. 11. new text end

new text begin License, registration, and renewal fees; expiration. new text end

new text begin (a) Unless revoked
or suspended under this chapter, all licenses issued or renewed under this section expire on
the following schedule:
new text end

new text begin (1) master licenses expire March 1 of each odd-numbered year after issuance or
renewal;
new text end

new text begin (2) elevator contractor licenses expire March 1 of each even-numbered year after
issuance or renewal;
new text end

new text begin (3) journeyman elevator constructor licenses expire two years from the date of
original issuance and every two years thereafter; and
new text end

new text begin (4) registrations of unlicensed individuals expire one year from the date of original
issuance and every year thereafter.
new text end

new text begin (b) For purposes of calculating license fees and renewal license fees required under
section 326B.092:
new text end

new text begin (1) the registration of an unlicensed individual under subdivision 5 shall be
considered an entry-level license;
new text end

new text begin (2) the journeyman elevator constructor shall be considered a journeyman license;
new text end

new text begin (3) the master elevator constructor and limited master elevator constructor licenses
shall be considered a master license; and
new text end

new text begin (4) an elevator contractor license shall be considered a business license.
new text end

new text begin Subd. 12. new text end

new text begin Exemption from licensing. new text end

new text begin Employees of a licensed elevator contractor
are not required to hold or obtain a license under this section or be provided with direct
supervision by a licensed master elevator constructor or licensed elevator constructor to
install, maintain, or repair elevator equipment at a residential dwelling as defined in section
326B.163. Unlicensed employees performing elevator work under this exemption must
comply with subdivision 5 of this section. This exemption does not include the installation,
maintenance, repair, or replacement of electrical wiring for elevator equipment.
new text end

new text begin Subd. 13. new text end

new text begin Reciprocity. new text end

new text begin (a) The commissioner may enter into reciprocity agreements
for personal licenses with another state and issue a personal license without requiring the
applicant to pass an examination provided the applicant:
new text end

new text begin (1) submits an application under this section;
new text end

new text begin (2) pays the application and examination fee and license fee required under section
326B.092; and
new text end

new text begin (3) holds a valid comparable license in the state participating in the agreement.
new text end

new text begin (b) Reciprocity agreements are subject to the following:
new text end

new text begin (1) the parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to Minnesota's;
new text end

new text begin (2) the experience and training requirements under which an individual applicant
qualified for examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the applicant
acquired the license in the qualifying state;
new text end

new text begin (3) the applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota.
A lesser class of license may be granted where the applicant has acquired a greater
class of license in the qualifying state, and the applicant otherwise meets the conditions
of this subdivision;
new text end

new text begin (4) at the time of application, the applicant must hold a valid license in the qualifying
state and have held the license continuously for at least one year before making application
in Minnesota;
new text end

new text begin (5) an applicant is not eligible for a license under this subdivision if the applicant has
failed the same or greater class of license examination in Minnesota, or if the applicant's
license of the same or greater class has been revoked or suspended; and
new text end

new text begin (6) an applicant who has failed to renew a personal license for two years or more
after its expiration is not eligible for a license under this subdivision.
new text end

Sec. 13.

Minnesota Statutes 2012, section 326B.187, is amended to read:

326B.187 RULES.

The commissioner may adopt rules for the following purposes:

(1) to establish minimum qualifications for elevator inspectors that must include
possession of a current elevator constructor deleted text begin electrician's deleted text end license issued by the department
and proof of successful completion of the national elevator industry education program
examination or equivalent experience;

(2) to establish minimum qualifications for limited elevator inspectors;

(3) to establish criteria for the qualifications of elevator contractors;

(4) to establish elevator standards under sections 326B.106, subdivisions 1 and 3,
and 326B.13;

(5) to establish procedures for appeals of decisions of the commissioner under
chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
advice from the elevator trade, building owners or managers, and others knowledgeable in
the installation, construction, and repair of elevators; and

(6) to establish requirements for the registration of all elevators.

Sec. 14.

Minnesota Statutes 2012, section 326B.191, is amended to read:

326B.191 CONFLICT OF LAWS.

deleted text begin Nothing in deleted text end new text begin Persons licensed under new text end sections 326B.163 to 326B.191 deleted text begin supersedes the
Minnesota Electrical Act in this chapter deleted text end new text begin are not subject to the provisions of sections
326B.31 to 326B.399 new text end .

Sec. 15.

Minnesota Statutes 2012, section 326B.33, subdivision 19, is amended to read:

Subd. 19.

License, registration, and renewal fees; expiration.

(a) Unless
revoked or suspended under this chapter, all licenses issued or renewed under this section
expire on the date specified in this subdivision. Master licenses expire March 1 of each
odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
1 of each even-numbered year after issuance or renewal. Technology system contractor
and satellite system contractor licenses expire August 1 of each even-numbered year after
issuance or renewal. All other personal licenses expire two years from the date of original
issuance and every two years thereafter. Registrations of unlicensed individuals expire
one year from the date of original issuance and every year thereafter.

(b) For purposes of calculating license fees and renewal license fees required under
section 326B.092:

(1) the registration of an unlicensed individual under subdivision 12 shall be
considered an entry level license;

(2) the following licenses shall be considered journeyman licenses: Class A
journeyman electrician, Class B journeyman electrician, Class A installer, Class B
installer, deleted text begin elevator constructor, deleted text end lineman, maintenance electrician, satellite system installer,
and power limited technician;

(3) the following licenses shall be considered master licenses: Class A master
electrician deleted text begin , deleted text end new text begin and new text end Class B master electrician deleted text begin , and master elevator constructor deleted text end ; and

(4) the following licenses shall be considered business licenses: Class A electrical
contractor, Class B electrical contractor, deleted text begin elevator contractor, deleted text end satellite system contractor,
and technology systems contractor.

(c) For each filing of a certificate of responsible person by an employer, the fee is
$100.

Sec. 16.

Minnesota Statutes 2012, section 326B.33, subdivision 21, is amended to read:

Subd. 21.

Exemptions from licensing.

(a) An individual who is a maintenance
electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:

(1) the individual is engaged in the maintenance and repair of electrical equipment,
apparatus, and facilities that are owned or leased by the individual's employer and that are
located within the limits of property operated, maintained, and either owned or leased by
the individual's employer;

(2) the individual is supervised by:

(i) the responsible master electrician for a contractor who has contracted with the
individual's employer to provide services for which a contractor's license is required; or

(ii) a licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuits or
systems work, a licensed power limited technician; and

(3) the individual's employer has on file with the commissioner a current certificate
of responsible person, signed by the responsible master electrician of the contractor, the
licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
the licensed power limited technician, and stating that the person signing the certificate
is responsible for ensuring that the maintenance and repair work performed by the
employer's employees complies with the Minnesota Electrical Act and the rules adopted
under that act. The employer must pay a filing fee to file a certificate of responsible person
with the commissioner. The certificate shall expire two years from the date of filing. In
order to maintain a current certificate of responsible person, the employer must resubmit a
certificate of responsible person, with a filing fee, no later than two years from the date
of the previous submittal.

(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
for the planning, laying out, installing, altering, and repairing of technology circuits or
systems except planning, laying out, or installing:

(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3, except circuits that interconnect
these systems through communication, alarm, and security systems are exempted from
this paragraph;

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
physically unprotected circuits other than class 2 or class 3; or

(3) technology circuits or systems in hazardous classified locations as covered by
chapter 5 of the National Electrical Code.

(c) Companies and their employees that plan, lay out, install, alter, or repair class
2 and class 3 remote control wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed in a residential dwelling are
not required to hold a license under sections 326B.31 to 326B.399.

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
when performing heating, ventilating, air conditioning, or refrigeration work as described
in section 326B.38.

(e) Employees of any electrical, communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as defined
under section 237.01 or its employees, or of any independent contractor performing work
on behalf of any such utility, cable communications company, or telephone company, shall
not be required to hold a license under sections 326B.31 to 326B.399:

(1) while performing work on installations, materials, or equipment which are owned
or leased, and operated and maintained by such utility, cable communications company, or
telephone company in the exercise of its utility, antenna, or telephone function, and which

(i) are used exclusively for the generation, transformation, distribution, transmission,
or metering of electric current, or the operation of railway signals, or the transmission
of intelligence and do not have as a principal function the consumption or use of electric
current or provided service by or for the benefit of any person other than such utility, cable
communications company, or telephone company, and

(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction, and

(iii) are not on the load side of the service point or point of entrance for
communication systems;

(2) while performing work on installations, materials, or equipment which are a part
of the street lighting operations of such utility; or

(3) while installing or performing work on outdoor area lights which are directly
connected to a utility's distribution system and located upon the utility's distribution poles,
and which are generally accessible only to employees of such utility or persons acting
under its control or direction.

(f) An owner shall not be required to hold or obtain a license under sections 326B.31
to 326B.399.

new text begin (g) Companies and their employees licensed under section 326B.164 shall not be
required to hold or obtain a license under sections 326B.31 to 326B.399.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, section 326B.31, subdivisions 18, 19, and 22, new text end new text begin are
repealed.
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new text begin (b) new text end new text begin Minnesota Rules, parts 3800.3520, subpart 5, items C and D; and 3800.3602,
subpart 2, item B, subitems (5) and (6), new text end new text begin are repealed.
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Sec. 18. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 17 are effective July 1, 2013.
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