HF 2049

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

A bill for an act
relating to occupations; establishing the Mechanical Systems Council;
establishing mechanical trade licensing requirements; proposing coding for new
law in Minnesota Statutes, chapter 326.

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

Section 1.

new text begin [326.531] MECHANICAL SYSTEMS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Composition. new text end

new text begin The Mechanical Systems Council shall consist of 11
members, residents of the state, appointed by the governor, and confirmed by the senate
and the commissioner of the Department of Labor and Industry or his designee shall
be a nonvoting member.
new text end

new text begin Two members shall be municipal mechanical inspectors; one from the seven-county
metro area and one from greater Minnesota; and one a licensed mechanical or professional
engineer;
new text end

new text begin The eight additional members shall represent each of the eight mechanical license
categories detailed in section 326.532.
new text end

new text begin The engineer, the limited license representative of section 326.532, subdivision 4,
paragraph (a), and the unlimited license representative of section 326.532, subdivision
7, shall serve an initial term of two years.
new text end

new text begin The municipal mechanical inspector representing the seven-county metro area,
the limited license representatives of section 326.532, subdivisions 5 and 7, and the
unlimited license representative of section 326.532, subdivision 6, shall serve an initial
term of three years.
new text end

new text begin The municipal mechanical inspector representing the greater Minnesota area, the
limited license representatives of section 326.532, subdivision 6, and the unlimited
license representatives of section 326.532, subdivisions 4 and 5, shall serve an initial
term of four years.
new text end

new text begin These members or replacement members, all or in part, shall be appointed by the
governor and confirmed by the senate, to subsequent three-year terms.
new text end

new text begin Midterm vacancies shall be filled by the governor for the remaining portion of
the term.
new text end

new text begin The meaning of the terms "masters and journeypersons" shall be as prescribed
in section 326.532.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin (1) The council shall elect its officers.
new text end

new text begin (2) The council shall select the mechanical and fuel gas codes for Minnesota. The
selection of mechanical and fuel gas codes shall include a comprehensive review of
available model codes, the approval of all additions, amendments, and deletions to these
codes. The council shall coordinate the adoption of the mechanical and fuel gas codes
with the commissioner of the Department of Labor and Industry to the best of its ability.
new text end

new text begin (3) The council shall maintain an appeals committee to make determinations
regarding any complaints, code amendments, code compliance, and code clarifications
filed with the council. These complaints may originate with the municipal inspectors
and/or the mechanical contractors or their employees and all other persons engaged in the
design, installation, alteration, and inspection of a mechanical system or those that have
purchased such services or systems. The council shall make their findings known to all
parties and the commissioner of the Department of Labor and Industry within a period
of time specified by the council.
new text end

new text begin (4) The council shall have the authority to adopt rules necessary for the regulation
and licensing of inspectors, contractors, journeypersons, apprentices, and all other persons
engaged in the design, installation, alteration, and inspection of mechanical systems
utilized to provide control of environmental conditions and regulated processes within
buildings or regulated by the mechanical and fuel gas codes adopted. Municipalities shall
not create additional licensing requirements for performing work on mechanical systems
regulated by the State Mechanical and Fuel Gas Codes.
new text end

new text begin (5) The council shall have the authority to adopt rules to determine the level of
continuing education for inspectors and licensed individuals.
new text end

new text begin (6) All persons appointed to the council shall possess a current license required for
contractors or persons engaged in the design, installation, alteration, and inspection of
mechanical systems in effect at the time of their appointment except for the mechanical
engineer and the commissioner or his designee.
new text end

new text begin (7) Pay such other expenses as it may deem necessary in the performance of
its duties, including rent, supplies in the manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Fees and finances; disposition. new text end

new text begin The council shall submit a budget to the
commissioner of the Department of Labor and Industry annually. The commissioner of
the Department of Labor and Industry shall collect fees as necessary for the operation
and continuance of the council. The commissioner of the Department of Labor and
Industry shall be responsible for the enforcement of the codes and licensing requirements
prescribed by the council. The council shall set fees for licenses of mechanical systems
contractors and persons engaged in the design, installation, alteration, and inspection of
mechanical systems as directed by the council and for all mechanical systems permits.
new text end

Sec. 2.

new text begin [326.532] MECHANICAL TRADE LICENSING.
new text end

new text begin Subdivision 1. new text end

new text begin Licenses required; rules; time credit. new text end

new text begin No person shall engage in or
work at the business of any of the following mechanical construction trades unless issued
a license to do so by the State Council of Mechanical Systems. Mechanical construction
trades' work shall mean all scopes of work regulated by the mechanical and fuel gas
codes adopted by Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin A home owner may perform work, regulated by this section,
within a single family dwelling they own and occupy. Mechanical permits shall be
required for this work.
new text end

new text begin Subd. 3. new text end

new text begin Contractor, master, journeyperson licensing. new text end

new text begin The council shall by rule
set minimum requirements for contractor, master, and journeyperson licensing for each
of the categories outlined in subdivisions 4 to 7. Every contractor shall have a master
license or employ a person with a master license for each of the scopes of work that
they engage in, as defined below. A master license shall be registered with a maximum
of one contractor. All persons performing work regulated by these licenses shall have
either a master license or a journeyperson license for each of the scopes of work they
perform as defined below. Apprentices shall be registered with a federal or state approved
apprenticeship program and shall be allowed to perform work under the direct supervision
of either a master or journeyperson licensed for the scope of work being performed.
"Direct supervision" means an apprentice is being supervised by an individual licensed to
perform the scope of work being performed.
new text end

new text begin Subd. 4. new text end

new text begin Air conditioning/piping, refrigeration, and cooling systems. new text end

new text begin (a) An air
conditioning/piping, refrigeration, and cooling systems limited license applies to persons
or companies that install, alter, repair, or service air conditioning and refrigeration systems
or cooling equipment and any related piping, not exceeding 90,000 Btu/hr per appliance or
piece of equipment regulated by the Minnesota Mechanical Code.
new text end

new text begin (b) An air conditioning/piping, refrigeration, and cooling systems unlimited
license applies to persons or companies that install, alter, repair, or service all types of
air conditioning and refrigeration systems or cooling equipment and any related piping
regulated by the Minnesota Mechanical Code.
new text end

new text begin Subd. 5. new text end

new text begin Air handling, warm air heating, air conditioning/air distribution
and ventilating systems. new text end

new text begin Warm air heating systems means all heating appliances and
equipment that use heated air as a medium for space conditioning.
new text end

new text begin (a) An air handling, warm air heating, air conditioning/air distribution and ventilating
systems limited license applies to persons or companies that install, alter, repair, or service
air handling, warm air heating, ventilating and air conditioning appliances, equipment,
and air distribution and exhaust systems, including all chimneys and vents that serve
residential occupancies and are regulated by the Minnesota Mechanical Code.
new text end

new text begin (b) An air handling, warm air heating, air conditioning/air distribution and
ventilating systems unlimited license applies to persons or companies that install,
alter, repair, or service air handling, warm air heating, ventilating and air conditioning
appliances, equipment, and air distribution and exhaust systems, including all chimneys
and vents, in any occupancy and are regulated by the Minnesota Mechanical Code.
new text end

new text begin Subd. 6. new text end

new text begin Fuel piping and burner systems. new text end

new text begin (a) A fuel piping and burner systems
limited license applies to persons or companies that install, alter, repair, or service fuel gas
(natural and propane), oil, and solid fuel burning appliances and equipment for structures
having a total installed heating system capacity of less than 400,000 Btu/hr, including
all chimneys and vents for these systems.
new text end

new text begin (b) A fuel piping and burner systems unlimited license applies to persons or
companies that install, alter, repair, or service fuel gas (natural and propane), oil, and solid
fuel burning appliances and equipment for structures, including all chimneys and vents.
new text end

new text begin Subd. 7. new text end

new text begin Steam and hot water heating. new text end

new text begin (a) A steam and hot water heating limited
license applies to persons or companies that install, alter, repair, or service steam or hot
water heating systems, not regulated by the high pressure pipefitting license in section
326.48, including chimneys and vents.
new text end

new text begin (b) A steam and hot water heating unlimited license scope of work is regulated by
the high pressure pipefitting license in section 326.48.
new text end

new text begin Subd. 8. new text end

new text begin License requirements. new text end

new text begin (a) The Mechanical Systems Council shall by rule
create exams and provide for the testing for contractors, masters, and journeypersons
license for each scope of work listed above.
new text end

new text begin The council shall by rule set parameters for one-time granting of licenses to
contractors, masters, and journeypersons currently engaged in the scopes of work
regulated herein. The council shall review and determine if any exam administered by a
municipality will be acceptable as equal to an exam issued by the council. Contractors
and individuals holding contractors, masters, and journeypersons licenses or competency
cards issued by cities where an examination, rated as equal to the council's exams, has
been successfully completed, shall be granted a license for each of the appropriate scopes
of work tested for in the examination.
new text end

new text begin (b) Persons that have successfully completed a federal or state approved
apprenticeship program shall be granted a license for each of the appropriate scopes
of work defined in their apprenticeship.
new text end

new text begin (c) Contractors and journeypersons with a minimum of five years verifiable
experience, prior to January 1, 2010, in each scope of work they are seeking a license for,
shall be granted the opportunity to take the exam for that license within the following year.
All such persons must make application and pass the applicable exam within one year
from the date of application. Verifiable experience shall mean the installing, altering,
repairing, and servicing or regulated mechanical appliances, equipment, and systems for
each scope of licensed work. Verifiable experience may also include supervisory duties
over the individuals that performed the regulated work.
new text end