HF 2175

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to building safety; establishing a building 
  1.3             safety division in the department of public safety; 
  1.4             transferring the duties of the department of 
  1.5             administration, the department of public service, the 
  1.6             state fire marshal, and the department of health 
  1.7             relating to building construction and safety to the 
  1.8             building safety division; transferring the duties of 
  1.9             the department of labor and industry, the department 
  1.10            of commerce, and the department of health relating to 
  1.11            the regulation of building trades to the building 
  1.12            safety division; transferring the duties of the 
  1.13            department of administration relating to 
  1.14            administrative support of the board of electricity to 
  1.15            the commissioner of public safety; amending Minnesota 
  1.16            Statutes 1998, sections 16B.61, subdivision 2; 214.04, 
  1.17            subdivision 1; 299M.02, subdivision 2; proposing 
  1.18            coding for new law as Minnesota Statutes, chapter 299N.
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20                             ARTICLE 1 
  1.21                BUILDING SAFETY DIVISION ESTABLISHED 
  1.22     Section 1.  [299N.01] [BUILDING SAFETY DIVISION 
  1.23  ESTABLISHED.] 
  1.24     The building safety division is created in the department 
  1.25  of public safety for the purpose of increasing public safety by 
  1.26  better coordinating the activities of state agencies and 
  1.27  occupational licensing boards responsible for activities 
  1.28  relating to building construction and safety. 
  1.29     Sec. 2.  [299N.02] [DEFINITIONS.] 
  1.30     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  1.31  the following terms have the meanings given them in this section.
  1.32     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.1   commissioner of public safety. 
  2.2      Subd. 3.  [DEPARTMENT.] "Department" means the department 
  2.3   of public safety. 
  2.4      Subd. 4.  [DIVISION.] "Division" means the division of 
  2.5   building safety in the department of public safety. 
  2.6      Sec. 3.  [DUTIES TRANSFERRED.] 
  2.7      The following duties are transferred to the division of 
  2.8   building safety in the department of public safety, under 
  2.9   Minnesota Statutes, section 15.039:  the duties of the 
  2.10  commissioner of administration relating to the building code; 
  2.11  the duties of the state fire marshal; the duties of the 
  2.12  commissioner of health relating to the state plumbing code and 
  2.13  the regulation of the plumbing, water conditioner installation, 
  2.14  and asbestos abatement professions; the duties of the 
  2.15  commissioner of public service relating to the energy code; the 
  2.16  duties of the commissioner of labor and industry relating to the 
  2.17  regulation of the pipefitting profession; and the duties of the 
  2.18  commissioner of commerce relating to the regulation of 
  2.19  residential contractors. 
  2.20                             ARTICLE 2 
  2.21                         CONFORMING CHANGES 
  2.22     Section 1.  Minnesota Statutes 1998, section 16B.61, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [ENFORCEMENT BY CERTAIN BODIES.] Under the 
  2.25  direction and supervision of the commissioner, the provisions of 
  2.26  the code relating to electrical installations shall be enforced 
  2.27  by the state board of electricity, pursuant to the Minnesota 
  2.28  Electrical Act, the provisions relating to plumbing shall be 
  2.29  enforced by the commissioner of health, the provisions relating 
  2.30  to the Minnesota Uniform Fire Code shall be enforced by the 
  2.31  state fire marshal, the provisions relating to high pressure 
  2.32  steam piping and appurtenances shall be enforced by the 
  2.33  department of labor and industry.  Fees for inspections 
  2.34  conducted by the state board of electricity shall be paid in 
  2.35  accordance with the rules of the state board of electricity.  
  2.36     Sec. 2.  Minnesota Statutes 1998, section 214.04, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [SERVICES PROVIDED.] The commissioner of 
  3.3   administration with respect to the board of electricity, The 
  3.4   commissioner of children, families, and learning with respect to 
  3.5   the board of teaching, the commissioner of public safety with 
  3.6   respect to the board of electricity, the board of private 
  3.7   detective and protective agent services, and the board of peace 
  3.8   officer standards and training, and the commissioner of revenue 
  3.9   with respect to the board of assessors, shall provide suitable 
  3.10  offices and other space, joint conference and hearing 
  3.11  facilities, examination rooms, and the following administrative 
  3.12  support services:  purchasing service, accounting service, 
  3.13  advisory personnel services, consulting services relating to 
  3.14  evaluation procedures and techniques, data processing, 
  3.15  duplicating, mailing services, automated printing of license 
  3.16  renewals, and such other similar services of a housekeeping 
  3.17  nature as are generally available to other agencies of state 
  3.18  government.  Investigative services shall be provided the boards 
  3.19  by employees of the office of attorney general.  The 
  3.20  commissioner of health with respect to the health-related 
  3.21  licensing boards shall provide mailing and office supply 
  3.22  services and may provide other facilities and services listed in 
  3.23  this subdivision at a central location upon request of the 
  3.24  health-related licensing boards.  The commissioner of commerce 
  3.25  with respect to the remaining non-health-related licensing 
  3.26  boards shall provide the above facilities and services at a 
  3.27  central location for the remaining non-health-related licensing 
  3.28  boards.  The legal and investigative services for the boards 
  3.29  shall be provided by employees of the attorney general assigned 
  3.30  to the departments servicing the boards.  Notwithstanding the 
  3.31  foregoing, the attorney general shall not be precluded by this 
  3.32  section from assigning other attorneys to service a board if 
  3.33  necessary in order to insure competent and consistent legal 
  3.34  representation.  Persons providing legal and investigative 
  3.35  services shall to the extent practicable provide the services on 
  3.36  a regular basis to the same board or boards. 
  4.1      Sec. 3.  Minnesota Statutes 1998, section 299M.02, 
  4.2   subdivision 2, is amended to read: 
  4.3      Subd. 2.  [MEMBERSHIP.] The council consists of the 
  4.4   commissioner of public safety, or the commissioner's designee, 
  4.5   and eight members appointed for a term of three years by the 
  4.6   commissioner.  Two members must be licensed fire protection 
  4.7   contractors or full-time, managing employees actively engaged in 
  4.8   a licensed fire protection contractor business.  Two members 
  4.9   must be journeyman sprinkler fitters certified as competent 
  4.10  under this chapter.  One member of the council must be an active 
  4.11  member of the Minnesota State Fire Chiefs Association.  One 
  4.12  member must be an active member of the Fire Marshals Association 
  4.13  of Minnesota.  One member must be a building official certified 
  4.14  by the department of administration division of building safety 
  4.15  of the department of public safety, who is professionally 
  4.16  competent in fire protection system inspection.  One member must 
  4.17  be a member of the general public.  The commissioner or designee 
  4.18  is a nonvoting member. 
  4.19     Sec. 4.  [INSTRUCTION TO REVISOR.] 
  4.20     (a) The revisor of statutes shall change the phrase 
  4.21  "division of fire marshal" wherever it appears in the next 
  4.22  edition of Minnesota Statutes and Minnesota Rules to "bureau of 
  4.23  fire marshal." 
  4.24     (b) In each section of Minnesota Statutes referred to in 
  4.25  column A, the revisor of statutes shall delete the reference in 
  4.26  column B, and insert the reference in column C. 
  4.27  Column A            Column B             Column C
  4.28  326.241, subd. 1    governor             commissioner of 
  4.29                                           public safety 
  4.30  326.37, subd. 1     commissioner of      commissioner of 
  4.31  326.38              health               public safety 
  4.32  326.39
  4.33  326.40, subd. 1
  4.34          subd. 2
  4.35          subd. 5
  4.36  326.401, subd. 1
  4.37  326.405
  4.38  326.41
  4.39  326.44
  4.40  326.40, subd. 1     department of        division of 
  4.41  326.401, subd. 3    health               building safety 
  5.1   326.46              department of        division of 
  5.2   326.47, subd. 1     labor and industry   building safety 
  5.3           subd. 2  
  5.4           subd. 5 
  5.5           subd. 6 
  5.6   326.48, subd. 1  
  5.7           subd. 2  
  5.8           subd. 5  
  5.9   326.50
  5.10  326.52 
  5.11  326.51              department           division of 
  5.12                                           building safety  
  5.13  326.57, subd. 1     commissioner of      commissioner of 
  5.14  326.58              health               public safety 
  5.15  326.59
  5.16  326.60, subd. 1  
  5.17          subd. 3  
  5.18  326.601, subd. 4  
  5.19  326.61, subd. 3  
  5.20  326.62
  5.21  326.64 
  5.22  326.71, subd. 5     health               public safety 
  5.23  326.83, subd. 3     commerce             public safety 
  5.24  326.975, subd. 2    department of        division of 
  5.25                      commerce             building safety 
  5.26     (c) The revisor of statutes shall renumber each section of 
  5.27  Minnesota Statutes listed in column A with the number listed in 
  5.28  column B.  The revisor shall also make necessary cross-reference 
  5.29  changes consistent with renumbering. 
  5.30       Column A       Column B
  5.31       16B.59         299N.03 
  5.32       16B.60         299N.04 
  5.33       16B.61         299N.05
  5.34       16B.615        299N.06 
  5.35       16B.62         299N.07 
  5.36       16B.625        299N.08 
  5.37       16B.63         299N.09 
  5.38       16B.64         299N.10 
  5.39       16B.65         299N.11 
  5.40       16B.66         299N.12 
  5.41       16B.67         299N.13 
  5.42       16B.68         299N.14 
  5.43       16B.69         299N.15 
  5.44       16B.70         299N.16 
  5.45       16B.71         299N.17 
  6.1        16B.72         299N.18 
  6.2        16B.73         299N.19 
  6.3        16B.735        299N.20 
  6.4        16B.74         299N.21 
  6.5        16B.741        299N.22 
  6.6        16B.742        299N.23 
  6.7        16B.743        299N.24 
  6.8        16B.744        299N.25 
  6.9        16B.745        299N.26 
  6.10       16B.746        299N.27 
  6.11       16B.747        299N.28 
  6.12       16B.748        299N.29 
  6.13       16B.749        299N.30 
  6.14       16B.75         299N.31 
  6.15       16B.76         299N.32