HF 1190

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations; establishing the Plumbing Board; amending Minnesota
Statutes 2006, sections 326.37, subdivision 1; 326.38; 326.40, subdivision 1;
326.401, subdivision 2; 326.42, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2006, section
326.41.

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

Section 1.

Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:

Subdivision 1.

Rules.

The state deleted text begin commissioner of health deleted text end new text begin Plumbing Board new text end may, by
rule, prescribe minimum standards which shall be uniform, and which standards shall
thereafter be effective for all new plumbing installations, including additions, extensions,
alterations, and replacements connected with any water or sewage disposal system owned
or operated by or for any municipality, institution, factory, office building, hotel, apartment
building, or any other place of business regardless of location or the population of the
city or town in which located. Notwithstanding the provisions of Minnesota Rules, part
4715.3130, as they apply to review of plans and specifications, the commissioner may
allow plumbing construction, alteration, or extension to proceed without approval of the
plans or specifications by the commissioner.

new text begin Except for powers granted to the Plumbing Board, new text end the commissioner new text begin of labor and
industry new text end shall administer the provisions of sections 326.37 to 326.45 and for such purposes
may employ plumbing inspectors and other assistants.

Sec. 2.

new text begin [326.372] PLUMBING BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin (a) The Plumbing Board shall consist of 11 voting
members who must be residents of the state, appointed by the governor, and confirmed by
the senate. The commissioner of labor and industry or the commissioner's designee shall
be a nonvoting member. The first appointed board members shall serve an initial term
of four years, except where designated otherwise. The governor shall then reappoint the
current members or appoint replacement members, all or in part, to subsequent three-year
terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies
occurring with less than six months time remaining in the term shall be filled for the
existing term and the following three-year term. Of the 11 appointed members, the
composition shall be as follows:
new text end

new text begin (1) two members shall be municipal plumbing inspectors;
new text end

new text begin (2) one member shall be a licensed mechanical engineer;
new text end

new text begin (3) two members serving an initial term of three years shall be plumbing contractors
or the representative of the contractor, engaged in a commercial scope of plumbing
contracting, one from the metro area and one from greater Minnesota;
new text end

new text begin (4) two members serving an initial term of three years shall be plumbing contractors
or their representatives, engaged in the residential scope of plumbing contracting, one
from the metro area and one from greater Minnesota;
new text end

new text begin (5) two members serving an initial term of two years shall be plumbing
journeypersons engaged in a commercial scope of plumbing systems installation, one
from the metro area and one from greater Minnesota; and
new text end

new text begin (6) two members serving an initial term of two years shall be plumbing
journeypersons engaged in a residential scope of plumbing systems installation, one from
the metro area and one from greater Minnesota.
new text end

new text begin (b) Except for the licensed mechanical engineer, all persons appointed to the
board must possess a current Minnesota plumbing license and maintain the license for
the duration of their term.
new text end

new text begin (c) Compensation and removal of board members is governed by section 15.0575.
new text end

new text begin (d) The commissioner of labor and industry shall provide office space, administrative
support, and staff assistance as requested by the board.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (a) The board shall have the power to:
new text end

new text begin (1) elect its own officers;
new text end

new text begin (2) specify the plumbing code that must be followed in this state;
new text end

new text begin (3) maintain a review process to make determinations regarding any complaints,
code amendments, code compliance, and code clarifications filed with the board;
new text end

new text begin (4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, apprentices, and other persons engaged in the design, installation, and
alteration of plumbing systems that would include the issuing, renewing, revoking,
refusing to renew, and suspending a plumbing license;
new text end

new text begin (5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section;
new text end

new text begin (6) the board may forward educational recommendations for inspectors to the
commissioner; and
new text end

new text begin (7) pay expenses deemed necessary in the performance of board duties, including
rent, utilities, and supplies.
new text end

new text begin (b) Requests under the review process in paragraph (a), clause (3), may originate
with the municipal inspectors, the plumbing contractors or their employees, and other
persons engaged in the design, installation, and alteration of plumbing systems. The board
shall make their findings known to all parties and the commissioner of labor and industry
within the time period specified by the board.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances. new text end

new text begin The board shall submit an annual budget to the
commissioner of labor and industry. The commissioner shall collect fees necessary for
the operation and continuance of the board. The commissioner is responsible for the
enforcement of the codes and licensing requirements determined by the board. The board
shall set the fees for licenses and certification under this section. Fees collected under
this provision shall be transferred to the board quarterly to meet the ongoing operation
needs of the board.
new text end

Sec. 3.

Minnesota Statutes 2006, section 326.38, is amended to read:

326.38 LOCAL REGULATIONS.

Any city having a system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
airports commission, may, by ordinance, adopt local regulations providing for plumbing
permits, bonds, approval of plans, and inspections of plumbing, which regulations are
not in conflict with the plumbing standards on the same subject prescribed by the state
deleted text begin commissioner of health deleted text end new text begin Plumbing Board new text end . No city or such town shall prohibit plumbers
licensed by the state commissioner of health from engaging in or working at the business,
except cities and statutory cities which, prior to April 21, 1933, by ordinance required
the licensing of plumbers. Any city by ordinance may prescribe regulations, reasonable
standards, and inspections and grant permits to any person, firm, or corporation engaged
in the business of installing water softeners, who is not licensed as a master plumber or
journeyman plumber by the state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end , to connect
water softening and water filtering equipment to private residence water distribution
systems, where provision has been previously made therefor and openings left for that
purpose or by use of cold water connections to a domestic water heater; where it is not
necessary to rearrange, make any extension or alteration of, or addition to any pipe, fixture
or plumbing connected with the water system except to connect the water softener, and
provided the connections so made comply with minimum standards prescribed by the state
deleted text begin commissioner of health deleted text end new text begin Plumbing Board new text end .

Sec. 4.

Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:

Subdivision 1.

License required; master and journeyman plumbers.

In any city
now or hereafter having 5,000 or more population, according to the last federal census, and
having a system of waterworks or sewerage, no person, firm, or corporation shall engage
in or work at the business of a master plumber or journeyman plumber unless licensed
to do so by the state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end . A master plumber may
also work as a journeyman plumber. Anyone not so licensed may do plumbing work
which complies with the provisions of the minimum standard prescribed by the state
deleted text begin commissioner of health deleted text end new text begin Plumbing Board new text end on premises or that part of premises owned and
actually occupied by the worker as a residence, unless otherwise forbidden to do so by
a local ordinance.

In any such city no person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and selling of
plumbing material and supplies unless at all times a licensed master plumber, who shall
be responsible for proper installation, is in charge of the plumbing work of the person,
firm, or corporation.

The deleted text begin Department of Health deleted text end new text begin Plumbing Board new text end shall prescribe rules, not inconsistent
herewith, for the examination and licensing of plumbers.

Sec. 5.

Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:

Subd. 2.

Journeyman exam.

A plumber's apprentice who has completed four years
of practical plumbing experience is eligible to take the journeyman plumbing examination.
Up to 24 months of practical plumbing experience prior to registration as an apprentice
may be applied to the four-year experience requirement. However, none of this practical
plumbing experience may be applied if the person did not have any practical plumbing
experience in the 12-month period immediately prior to registration. The deleted text begin commissioner deleted text end new text begin
Plumbing Board new text end may adopt rules to evaluate whether the person's past practical plumbing
experience is applicable in preparing for the journeyman's examination. If two years
after completing the training the person has not taken the examination, the four years
of experience shall be forfeited.

The commissioner may allow an extension of the two-year period for taking the
exam for cases of hardship or other appropriate circumstances.

Sec. 6.

Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:

Subdivision 1.

Application.

Applications for plumber's license shall be made to the
state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end , with fee. Unless the applicant is entitled
to a renewal, the applicant shall be licensed by the state commissioner of deleted text begin health deleted text end new text begin labor and
industry new text end only after passing a satisfactory examination new text begin administered new text end by the deleted text begin examiners deleted text end new text begin
commissioner of labor and industry, based upon rules adopted by the Plumbing Board new text end
showing fitness. Examination fees for both journeyman and master plumbers shall be in
an amount prescribed by the state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end pursuant to
section 144.122. Upon being notified that of having successfully passed the examination
for original license the applicant shall submit an application, with the license fee herein
provided. License fees shall be in an amount prescribed by the state commissioner of
deleted text begin health deleted text end new text begin labor and industry new text end pursuant to section 144.122. Licenses shall expire and be
renewed as prescribed by the commissioner pursuant to section 144.122.

Sec. 7. new text begin TRANSFER OF AUTHORITY.
new text end

new text begin The authority of the commissioners of health and labor and industry to adopt rules
relating to plumbers is transferred to the Plumbing Board. Licenses and permits currently
in effect remain in effect according to their terms unless affected by board action. Rules
adopted by the commissioner of health or labor and industry remain in effect until
amended or repealed by the board.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 326.41, new text end new text begin is repealed.
new text end