HF 1272

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations; establishing inspection 
  1.3             requirements for new plumbing installations; allowing 
  1.4             the commissioner to charge fees to hire staff; 
  1.5             requiring rulemaking; amending Minnesota Statutes 
  1.6             2002, sections 326.37, subdivision 1, by adding a 
  1.7             subdivision; 326.38; 326.40, subdivision 1; 326.42; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 326; repealing Minnesota Statutes 2002, 
  1.10            section 326.45.  
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 326.37, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [RULES.] The state commissioner of 
  1.15  health may shall, by rule, prescribe minimum uniform standards 
  1.16  which shall be uniform, and which standards shall thereafter be 
  1.17  effective for all new plumbing installations, including 
  1.18  additions, extensions, alterations, and replacements connected 
  1.19  with any water or sewage disposal system owned or operated by or 
  1.20  for any municipality, institution, factory, office building, 
  1.21  hotel, apartment building, or any other place of business 
  1.22  regardless of location or the population of the city or town in 
  1.23  which located.  Notwithstanding the provisions of Minnesota 
  1.24  Rules, part 4715.3130, as they apply to review of plans and 
  1.25  specifications, the commissioner may allow plumbing 
  1.26  construction, alteration, or extension to proceed without 
  1.27  approval of the plans or specifications by the commissioner. 
  1.28     The commissioner shall administer the provisions of 
  2.1   sections 326.37 to 326.45 326.451 and for such purposes may 
  2.2   employ plumbing inspectors and other assistants. 
  2.3      Sec. 2.  Minnesota Statutes 2002, section 326.37, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 1a.  [INSPECTION.] All new plumbing installations, 
  2.6   including additions, extensions, alterations, and replacements, 
  2.7   shall be inspected by the commissioner for compliance with 
  2.8   accepted standards of construction for health, safety to life 
  2.9   and property, and compliance with applicable codes.  The 
  2.10  department of health shall have full implementation of its 
  2.11  inspection plan in place and operational July 1, 2005.  This 
  2.12  subdivision does not apply where a political subdivision 
  2.13  requires, by ordinance, plumbing inspections similar to the 
  2.14  requirements of this subdivision. 
  2.15     Sec. 3.  Minnesota Statutes 2002, section 326.38, is 
  2.16  amended to read: 
  2.17     326.38 [LOCAL REGULATIONS.] 
  2.18     (a) Any city or town having a system of waterworks or 
  2.19  sewerage, or any town in which reside over 5,000 people 
  2.20  exclusive of any statutory cities located therein, or the 
  2.21  metropolitan airports commission, may, by ordinance, adopt local 
  2.22  regulations providing for plumbing permits, bonds, approval of 
  2.23  plans, and inspections of plumbing, which if the regulations are 
  2.24  not in conflict with the plumbing standards on the same subject 
  2.25  prescribed by the state commissioner of health.  
  2.26     (b) No city or such town shall prohibit plumbers licensed 
  2.27  by the state commissioner of health from engaging in or working 
  2.28  at the business, except cities and statutory cities which, prior 
  2.29  to April 21, 1933, by ordinance required the licensing of 
  2.30  plumbers and may not require a person licensed by the state to 
  2.31  also be licensed or pay a registration or other fee related to 
  2.32  licensure under any ordinance, law, rule, or regulation of the 
  2.33  political subdivision, unless authorized under this section.  
  2.34     (c) Any city by ordinance may prescribe regulations, 
  2.35  reasonable standards, and inspections and grant permits to any 
  2.36  person, firm, or corporation engaged in the business of 
  3.1   installing water softeners, who is not licensed as a master 
  3.2   plumber or journeyman plumber by the state commissioner of 
  3.3   health, to connect water softening and water filtering equipment 
  3.4   to private residence water distribution systems, where provision 
  3.5   has been previously made therefor and openings left for that 
  3.6   purpose or by use of cold water connections to a domestic water 
  3.7   heater; where it is not necessary to rearrange, make any 
  3.8   extension or alteration of, or addition to any pipe, fixture or 
  3.9   plumbing connected with the water system except to connect the 
  3.10  water softener, and provided the connections so made comply with 
  3.11  minimum standards prescribed by the state commissioner of health.
  3.12     Sec. 4.  Minnesota Statutes 2002, section 326.40, 
  3.13  subdivision 1, is amended to read: 
  3.14     Subdivision 1.  [PLUMBERS MUST BE LICENSED IN CERTAIN 
  3.15  CITIES; MASTER AND JOURNEYMAN PLUMBERS; PLUMBING ON ONE'S OWN 
  3.16  PREMISES; RULES FOR EXAMINATION.] In any city now or hereafter 
  3.17  having 5,000 or more population, according to the last federal 
  3.18  census, and having a system of waterworks or sewerage, no 
  3.19  person, firm, or corporation shall engage in or work at the 
  3.20  business of a master plumber or journeyman plumber unless 
  3.21  licensed to do so by the state commissioner of health. (a) No 
  3.22  person, firm, or corporation shall engage in or work at the 
  3.23  business of a master plumber or journeyman plumber unless 
  3.24  licensed to do so by the state commissioner of health under 
  3.25  sections 326.37 to 326.451.  A license is not required for: 
  3.26     (1) persons performing building sewer or water service 
  3.27  installation who have completed pipe laying training as 
  3.28  prescribed by the commissioner of health; or 
  3.29     (2) persons selling an appliance plumbing installation 
  3.30  service at point of sale if the installation work is performed 
  3.31  by a plumber licensed under sections 326.37 to 326.451.  
  3.32     (b) A master plumber may also work as a journeyman plumber. 
  3.33  Anyone not so licensed may do plumbing work which complies with 
  3.34  the provisions of the minimum standard prescribed by the state 
  3.35  commissioner of health on premises or that part of premises 
  3.36  owned and actually occupied by the worker as a residence, unless 
  4.1   otherwise forbidden to do so by a local ordinance. 
  4.2      In any such city (c) No person, firm, or corporation shall 
  4.3   engage in the business of installing plumbing nor install 
  4.4   plumbing in connection with the dealing in and selling of 
  4.5   plumbing material and supplies unless at all times a licensed 
  4.6   master plumber, who shall be responsible for proper 
  4.7   installation, is in charge of the plumbing work of the person, 
  4.8   firm, or corporation. 
  4.9      (d) The department of health shall prescribe rules, not 
  4.10  inconsistent herewith, for the examination and, licensing, and 
  4.11  continuing education of plumbers.  
  4.12     (e) This subdivision does not apply to any person skilled 
  4.13  in the planning, superintending, and practical installation of 
  4.14  plumbing; who is otherwise lawfully qualified to contract for 
  4.15  plumbing and installations and to conduct the business of 
  4.16  plumbing; and who engages in or works at the business of a 
  4.17  master plumber or journeyman plumber within cities and towns 
  4.18  with a population of fewer than 5,000 according to federal 
  4.19  census.  This paragraph expires July 1, 2008.  
  4.20     Sec. 5.  Minnesota Statutes 2002, section 326.42, is 
  4.21  amended to read: 
  4.22     326.42 [APPLICATIONS, FEES.] 
  4.23     (a) Applications for plumber's license shall be made to the 
  4.24  state commissioner of health, with fee.  Unless the applicant is 
  4.25  entitled to a renewal, the applicant shall be licensed by the 
  4.26  state commissioner of health only after passing a satisfactory 
  4.27  examination by the examiners showing fitness.  Examination fees 
  4.28  for both journeyman and master plumbers shall be in an amount 
  4.29  prescribed by the state commissioner of health pursuant to 
  4.30  section 144.122.  Upon being notified that of having 
  4.31  successfully passed the examination for original license the 
  4.32  applicant shall submit an application, with the license fee 
  4.33  herein provided.  License fees shall be in an amount prescribed 
  4.34  by the state commissioner of health pursuant to section 
  4.35  144.122.  Licenses shall expire and be renewed as prescribed by 
  4.36  the commissioner pursuant to section 144.122 under Minnesota 
  5.1   Rules, part 4715.6000, and shall be enforced under section 
  5.2   144.99. 
  5.3      (b) The commissioner shall charge the following fees for 
  5.4   examinations, registrations, licenses, plan reviews, and 
  5.5   inspections: 
  5.6   Plumbing examination                         $ 50
  5.7   Water conditioning examination               $ 50
  5.8   Plumbing bond registration fee               $ 40
  5.9   Water conditioning bond registration fee     $ 40
  5.10  Master plumber's license                     $120
  5.11  Journeyman plumber's license                 $ 55
  5.12  Apprentice registration                      $ 25
  5.13  Water conditioning contractor license        $ 70
  5.14  Water conditioning installer license         $ 35
  5.15  Residential inspection fee (each visit)      $ 50
  5.16  Public, commercial, and    Plan review fee   Inspection fee
  5.17  industrial inspections
  5.18     25 or fewer drainage
  5.19     fixture units              $ 50              $  300
  5.20     26 to 50 drainage
  5.21     fixture units              $150              $  900
  5.22     51 to 150 drainage
  5.23     fixture units              $200              $1,200
  5.24     151 to 249 drainage
  5.25     fixture units              $250              $1,500
  5.26     250 or more drainage
  5.27     fixture units              $300              $1,800
  5.28     Callback fee (each visit)                    $  100
  5.29     (c) Plumbing installations that require only fixture 
  5.30  installation or replacement require a minimum of one 
  5.31  inspection.  Residence remodeling involving plumbing 
  5.32  installations requires a minimum of two inspections.  New 
  5.33  residential plumbing installations require a minimum of three 
  5.34  inspections.  For purposes of paragraph (b), residences of more 
  5.35  than four units are considered commercial.  
  5.36     Sec. 6.  [326.451] [INSPECTORS.] 
  5.37     (a) Notwithstanding section 16A.1283, the commissioner 
  5.38  shall set all criteria and procedures by rule for inspector 
  5.39  certification, certification period, examinations, examination 
  6.1   fees, certification fees, and renewal of certifications. 
  6.2      (b) The commissioner shall adopt rules establishing 
  6.3   criteria and procedures for refusal to grant or renew inspector 
  6.4   certifications, and for suspension and revocation of inspector 
  6.5   certifications. 
  6.6      (c) The commissioner shall refuse to renew or grant 
  6.7   inspector certifications, or suspend or revoke inspector 
  6.8   certifications, in accordance with the commissioner's criteria 
  6.9   and procedures as adopted by rule.  
  6.10     Sec. 7.  [REVISOR'S INSTRUCTION.] 
  6.11     The revisor of statutes shall change all references to 
  6.12  section 326.45 to section 326.451 in Minnesota Statutes, 
  6.13  sections 144.99, 326.44, 326.61, and 326.65. 
  6.14     Sec. 8.  [REPEALER.] 
  6.15     Minnesota Statutes 2002, section 326.45, is repealed.