HF 491

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:22pm

A bill for an act
relating to labor and industry; establishing licensing for journeyworker insulators;
proposing coding for new law in Minnesota Statutes, chapter 326B.

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

Section 1.

new text begin [326B.60] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 326B.60 to 326B.64, the terms defined
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Building. new text end

new text begin "Building" means a commercial, industrial, or residential building,
structure, or facility, but does not include a residential building, structure, or facility that
contains three or fewer residential units.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry.
new text end

new text begin Subd. 4. new text end

new text begin Mechanic. new text end

new text begin "Mechanic" means a person who installs or maintains thermal system
insulation in heating, ventilating, cooling, plumbing, and refrigerated systems.
new text end

new text begin Subd. 5. new text end

new text begin Minor repair. new text end

new text begin "Minor repair" means the installation, renovation, removal, or
maintenance of less than ten continuous linear feet of thermal system insulation.
new text end

new text begin Subd. 6. new text end

new text begin Thermal system insulation. new text end

new text begin "Thermal system insulation" means a product that
is used in a heating, ventilating, cooling, plumbing, or refrigeration system to insulate any
hot or cold surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment at a
facility. Thermal system insulation means only mechanical systems and does not include:
new text end

new text begin (1) refractory materials;
new text end

new text begin (2) preinsulated duct products or preinsulated pipe products from the manufacturer;
new text end

new text begin (3) wall or ceiling insulation; or
new text end

new text begin (4) batt or blown-in insulation.
new text end

Sec. 2.

new text begin [326B.61] JOURNEYWORKER INSULATOR LICENSE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin (a) No person shall install, renovate, replace, or
maintain thermal system insulation as a journeyworker insulator unless licensed by the
commissioner.
new text end

new text begin (b) Individuals must meet the following requirements in order to acquire a journeyworker
insulator license from the commissioner:
new text end

new text begin (1) completion of 8,000 hours, spread over at least four years, of experience installing,
renovating, removing, or maintaining thermal system insulation, verified by the individual's
employer or employers; and
new text end

new text begin (2) successful passage of the thermal system insulation examination. The commissioner
shall issue rules governing the content and administration of the examination. The
commissioner shall administer the thermal system examination.
new text end

new text begin Subd. 2. new text end

new text begin Fee. new text end

new text begin Individuals wishing to obtain a journeyworker insulator's license shall pay
the fees outlined in Minnesota Statutes, section 326B.092.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 1 does not apply to individuals who make only minor
repairs to thermal system insulation.
new text end

new text begin Subd. 4. new text end

new text begin Continuing education requirement. new text end

new text begin Licensed journeyworker insulators must
earn a minimum of eight hours of continuing education credits per year from curriculum
approved by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Renewal. new text end

new text begin All licensed individuals must renew their licenses annually. The fees
for renewal of licenses are as outlined under Minnesota Statutes, section 326B.092. An
individual or contractor who fails to renew a license by the expiration date is unlicensed
until the license is renewed.
new text end

Sec. 3.

new text begin [326B.62] REGISTRATION REQUIREMENT FOR UNLICENSED
INDIVIDUALS.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required for unlicensed individuals. new text end

new text begin Individuals lacking
a thermal system insulation journeyworker license who install, renovate, replace, or maintain
thermal system insulation in heating, ventilation, cooling, plumbing, and refrigeration
systems must:
new text end

new text begin (1) register with the commissioner and pay the fees outlined in Minnesota Statutes,
section 326B.092, for the purposes of which, registration of an unlicensed individual shall
be considered an entry-level license; or
new text end

new text begin (2) be employed as a registered apprentice in the thermal insulation trade under an
apprenticeship agreement approved by the commissioner under Minnesota Rules, chapter
5200.
new text end

new text begin Subd. 2. new text end

new text begin Direct supervision; ratios. new text end

new text begin (a) Each unlicensed individual installing, renovating,
removing, or maintaining thermal system insulation in heating, ventilation, cooling, plumbing,
and refrigeration systems, shall work under the direct supervision of licensed journeyworker
insulators.
new text end

new text begin (b) On any project, the ratio of licensed journeyworker insulators to unlicensed individuals
installing, renovating, removing, or maintaining thermal system insulation in heating,
ventilation, cooling, plumbing, and refrigeration systems, must be one licensed journeyworker
to one unlicensed individual for the first unlicensed individual, and three licensed
journeyworkers to each unlicensed individual after the first.
new text end

new text begin Subd. 3. new text end

new text begin Application; renewal. new text end

new text begin Applications for initial registration may be submitted
at any time. Registration must be renewed annually and shall be effective for the period
from July 1 of each year to June 30 of the following year. Applications for renewal
registration must be received by the commissioner by June 30 of each registration period
on forms provided by the commissioner, and must be accompanied by the fees required
under Minnesota Statutes, section 326B.092, for the purposes of which, registration of an
unlicensed individual shall be considered an entry level license.
new text end

Sec. 4.

new text begin [326B.63] INSPECTION.
new text end

new text begin Except where a political subdivision has by ordinance provided for thermal system
insulation inspection similar to that provided in this chapter, every new thermal system
insulation installation, renovation, removal, or maintenance, except minor repair work, may
be inspected for compliance with accepted standards of construction for safety to life and
property.
new text end

Sec. 5.

new text begin [326B.64] PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin License suspension. new text end

new text begin The commissioner may suspend or revoke the license
of a license holder for any violation of this chapter or any rules adopted under it.
new text end

new text begin Subd. 2. new text end

new text begin Civil penalty. new text end

new text begin The commissioner may impose a civil penalty on any person or
entity violating this chapter or any rules adopted under it.
new text end

new text begin Subd. 3. new text end

new text begin Fines. new text end

new text begin The commissioner may impose fines of up to $500 per violation to any
person or entity violating this chapter or any rules adopted under it.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2022.
new text end