HF 3431

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to professions; modifying electrician 
  1.3             licensing by requiring the licensure of landscape 
  1.4             lighting and irrigation contractors; requiring 
  1.5             rulemaking; amending Minnesota Statutes 2000, sections 
  1.6             326.01, by adding subdivisions; 326.241, subdivision 
  1.7             1; 326.242, subdivisions 5, 6c, 8, 12, by adding a 
  1.8             subdivision; Minnesota Statutes 2001 Supplement, 
  1.9             section 326.243. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 326.01, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 6i.  [POWER LIMITED TECHNICIAN.] The term "power 
  1.14  limited technician" means a person having the necessary 
  1.15  qualifications, training, experience, and technical knowledge to 
  1.16  install, alter, repair, plan, lay out, and supervise the 
  1.17  installing, altering, and repairing of electrical wiring, 
  1.18  apparatus, and equipment for power limited circuits or systems 
  1.19  who is licensed as such by the board of electricity. 
  1.20     Sec. 2.  Minnesota Statutes 2000, section 326.01, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 6j.  [POWER LIMITED CIRCUITS OR SYSTEMS.] "Power 
  1.23  limited circuits or systems" means class 2 or class 3 circuitry 
  1.24  and equipment for commercial and residential outdoor landscape 
  1.25  lighting and irrigation systems that are supplied by the 
  1.26  secondary circuit of an isolating power supply operating at 30 
  1.27  volts or less as covered by National Electrical Code, article 
  2.1   411.  The planning, laying out, installing, altering, and 
  2.2   repairing of these circuits and systems must be performed in 
  2.3   accordance with the applicable requirements of the National 
  2.4   Electrical Code pursuant to section 326.243. 
  2.5      Sec. 3.  Minnesota Statutes 2000, section 326.241, 
  2.6   subdivision 1, is amended to read: 
  2.7      Subdivision 1.  [COMPOSITION.] The board of electricity 
  2.8   shall consist of 11 13 members, residents of the state, 
  2.9   appointed by the governor of whom at least two shall be 
  2.10  representatives of the electrical suppliers in the rural areas 
  2.11  of the state, two shall be master electricians, who shall be 
  2.12  contractors, two journeyman electricians, one registered 
  2.13  consulting electrical engineer, two licensed alarm and 
  2.14  communication system contractors, two power limited technicians, 
  2.15  who are power limited system contractors primarily engaged in 
  2.16  the business of installing alarm and communication power limited 
  2.17  circuits or systems, and two public members as defined by 
  2.18  section 214.02.  Membership terms, compensation of members, 
  2.19  removal of members, the filling of membership vacancies, and 
  2.20  fiscal year and reporting requirements shall be as provided in 
  2.21  sections 214.07 to 214.09.  The provision of staff, 
  2.22  administrative services and office space; the review and 
  2.23  processing of complaints; the setting of board fees; and other 
  2.24  provisions relating to board operations shall be as provided in 
  2.25  chapter 214. 
  2.26     Sec. 4.  Minnesota Statutes 2000, section 326.242, is 
  2.27  amended by adding a subdivision to read: 
  2.28     Subd. 3d.  [POWER LIMITED TECHNICIAN.] (a) Except as 
  2.29  otherwise provided by law, no person shall install, alter, 
  2.30  repair, plan, lay out, or supervise the installing, altering, or 
  2.31  repairing of electrical wiring, apparatus, or equipment for 
  2.32  power limited circuits or systems unless: 
  2.33     (l) the person is licensed by the board as a power limited 
  2.34  technician; and 
  2.35     (2) the electrical work is: 
  2.36     (i) for a licensed contractor and the person is an 
  3.1   employee, partner, or officer of, or is the licensed contractor; 
  3.2   or 
  3.3      (ii) performed under the supervision of a master 
  3.4   electrician or power limited technician also employed by the 
  3.5   person's employer on power limited circuits or systems owned or 
  3.6   leased by the employer that are located within the limits of 
  3.7   property owned or leased, operated, and maintained by the 
  3.8   employer. 
  3.9      (b) An applicant for a power limited technician's license 
  3.10  shall (1) be a graduate of a four-year electrical course in an 
  3.11  accredited college or university; or (2) have had at least 18 
  3.12  months experience, acceptable to the board, in planning for, 
  3.13  laying out, supervising, and installing wiring, apparatus, or 
  3.14  equipment for power limited systems, provided however, that the 
  3.15  board may by rule provide for the allowance of up to six months 
  3.16  (1,000 hours) of experience credit for successful completion of 
  3.17  a two-year post high school electrical course or other technical 
  3.18  training approved by the board. 
  3.19     (c) The board may initially set experience requirements 
  3.20  without rulemaking, but must adopt rules before July 1, 2003. 
  3.21     (d) Licensees must attain eight hours of continuing 
  3.22  education acceptable to the board every renewal period. 
  3.23     Sec. 5.  Minnesota Statutes 2000, section 326.242, 
  3.24  subdivision 5, is amended to read: 
  3.25     Subd. 5.  [UNLICENSED PERSONS.] (a) An unlicensed person 
  3.26  shall not perform electrical work unless the work is performed 
  3.27  under the personal supervision of an electrician actually 
  3.28  licensed to perform such work and the licensed electrician and 
  3.29  unlicensed person are employed by the same employer.  Licensed 
  3.30  electricians shall not permit unlicensed persons to perform 
  3.31  electrical work except under the personal supervision of an 
  3.32  electrician actually licensed to perform such work.  Unlicensed 
  3.33  persons shall not supervise the performance of electrical work 
  3.34  or make assignments of electrical work to unlicensed 
  3.35  persons.  Except for power limited circuit or system work, 
  3.36  licensed electricians shall supervise no more than two 
  4.1   unlicensed persons.  For power limited circuit or system work, 
  4.2   licensed electricians shall supervise no more than five 
  4.3   unlicensed persons. 
  4.4      (b) Notwithstanding any other provision of this section, no 
  4.5   person other than a master electrician or power limited 
  4.6   technician shall plan or lay out electrical wiring, apparatus, 
  4.7   or equipment for light, heat, power, or other purposes, except 
  4.8   circuits or systems exempted from personal licensing by 
  4.9   subdivision 12, paragraph (b). 
  4.10     (c) Electrical contractors employing unlicensed persons 
  4.11  performing electrical work shall maintain records establishing 
  4.12  compliance with this subdivision, which shall designate all 
  4.13  unlicensed persons performing electrical work, except for 
  4.14  persons working on circuits or systems exempted from personal 
  4.15  licensing by subdivision 12, paragraph (b), and shall permit the 
  4.16  board to examine and copy all such records as provided for in 
  4.17  section 326.244, subdivision 6. 
  4.18     Sec. 6.  Minnesota Statutes 2000, section 326.242, 
  4.19  subdivision 6c, is amended to read: 
  4.20     Subd. 6c.  [EMPLOYMENT OF MASTER ELECTRICIAN OR POWER 
  4.21  LIMITED TECHNICIAN.] (a) No electrical contractor shall engage 
  4.22  in business of electrical contracting unless the electrical 
  4.23  contractor employs a licensed Class A master or Class B master 
  4.24  electrician, or power limited technician, who shall be 
  4.25  responsible for the performance of all electrical work in 
  4.26  accordance with the requirements of sections 326.241 to 326.248 
  4.27  or any rule or order adopted or issued under these sections.  
  4.28  The classes of work for which the licensed electrical contractor 
  4.29  is authorized shall be limited to those for which such Class A 
  4.30  master electrician, or Class B master electrician, or power 
  4.31  limited technician employed by the electrical contractor is 
  4.32  licensed.  
  4.33     (b) When an electrical contractor's license is held by an 
  4.34  individual, partnership, limited liability company, or 
  4.35  corporation and the individual, one of the partners, one of the 
  4.36  members, or an officer of the corporation, respectively, is not 
  5.1   the responsible master electrician or power limited technician 
  5.2   of record, all requests for inspection shall be signed by the 
  5.3   responsible master electrician or power limited technician of 
  5.4   record.  The designated responsible master electrician or power 
  5.5   limited technician of record shall be employed by the 
  5.6   individual, partnership, limited liability company, or 
  5.7   corporation which is applying for an electrical contractor's 
  5.8   license and shall not be employed in any capacity as a licensed 
  5.9   electrician or licensed technician by any other electrical 
  5.10  contractor or employer designated in subdivision 12. 
  5.11     (c) All applications for electrical contractor's licenses 
  5.12  and all renewals shall include a verified statement that the 
  5.13  applicant or licensee has complied with this subdivision. 
  5.14     Sec. 7.  Minnesota Statutes 2000, section 326.242, 
  5.15  subdivision 8, is amended to read: 
  5.16     Subd. 8.  [LICENSE AND RENEWAL FEES.] All licenses issued 
  5.17  hereunder shall expire in a manner as provided by the board.  
  5.18  Fees, as set by the board, shall be payable for examination, 
  5.19  issuance and renewal of the following: 
  5.20     (1) For examination: 
  5.21     Class A Master. 
  5.22     Class B Master. 
  5.23     Class A Journeyman, Class B Journeyman, Installer, Alarm 
  5.24  and Communications Contractor, Power Limited Technician, or 
  5.25  Special Electrician. 
  5.26     (2) For issuance of original license and renewal: 
  5.27     Class A Master. 
  5.28     Class B Master. 
  5.29     Power Limited Technician. 
  5.30     Class A Journeyman, Class B Journeyman, Installer, or 
  5.31  Special Electrician. 
  5.32     Electrical contractor. 
  5.33     Alarm and Communication System Contractor. 
  5.34     Technology Systems Contractor. 
  5.35     Sec. 8.  Minnesota Statutes 2000, section 326.242, 
  5.36  subdivision 12, is amended to read: 
  6.1      Subd. 12.  [EXEMPTIONS FROM LICENSING.] (a) A maintenance 
  6.2   electrician who is supervised by the responsible master 
  6.3   electrician for an electrical contractor who has contracted with 
  6.4   the maintenance electrician's employer to provide services for 
  6.5   which an electrical contractor's license is required or by a 
  6.6   master electrician or an electrical engineer registered with the 
  6.7   board and who is an employee of an employer and is engaged in 
  6.8   the maintenance, and repair of electrical equipment, apparatus, 
  6.9   and facilities owned or leased by the employer, and performed 
  6.10  within the limits of property which is owned or leased and 
  6.11  operated and maintained by said employer, shall not be required 
  6.12  to hold or obtain a license under sections 326.241 to 326.248; 
  6.13  or 
  6.14     (b) Employees of a licensed alarm and communication or 
  6.15  power limited systems contractor are not required to hold a 
  6.16  license under sections 326.241 to 326.248 while performing work 
  6.17  authorized to be conducted by an alarm and communication or 
  6.18  power limited contractor; or 
  6.19     (c) Employees of any electric, communications, or railway 
  6.20  utility, or a telephone company as defined under section 237.01 
  6.21  or its employees, or of any independent contractor performing 
  6.22  work on behalf of any such utility or telephone company, shall 
  6.23  not be required to hold a license under sections 326.241 to 
  6.24  326.248: 
  6.25     1.  While performing work on installations, materials, or 
  6.26  equipment which are owned or leased, and operated and maintained 
  6.27  by such utility or telephone company in the exercise of its 
  6.28  utility or telephone function, and which 
  6.29     (i) are used exclusively for the generation, 
  6.30  transformation, distribution, transmission, or metering of 
  6.31  electric current, or the operation of railway signals, or the 
  6.32  transmission of intelligence and do not have as a principal 
  6.33  function the consumption or use of electric current by or for 
  6.34  the benefit of any person other than such utility or telephone 
  6.35  company, and 
  6.36     (ii) are generally accessible only to employees of such 
  7.1   utility or telephone company or persons acting under its control 
  7.2   or direction, and 
  7.3      (iii) are not on the load side of the meter; or 
  7.4      2.  While performing work on installations, materials, or 
  7.5   equipment which are a part of the street lighting operations of 
  7.6   such utility; or 
  7.7      3.  While installing or performing work on outdoor area 
  7.8   lights which are directly connected to a utility's distribution 
  7.9   system and located upon the utility's distribution poles, and 
  7.10  which are generally accessible only to employees of such utility 
  7.11  or persons acting under its control or direction; or 
  7.12     (d) An owner shall not be required to hold or obtain a 
  7.13  license under sections 326.241 to 326.248. 
  7.14     Sec. 9.  Minnesota Statutes 2001 Supplement, section 
  7.15  326.243, is amended to read: 
  7.16     326.243 [SAFETY STANDARDS.] 
  7.17     All electrical wiring, apparatus and equipment for electric 
  7.18  light, heat and power, alarm and communication, or power limited 
  7.19  circuits or systems shall comply with the rules of the 
  7.20  department of commerce or the department of labor and industry, 
  7.21  as applicable, and be installed in conformity with accepted 
  7.22  standards of construction for safety to life and property.  For 
  7.23  the purposes of this chapter, the rules and safety standards 
  7.24  stated at the time the work is done in the then most recently 
  7.25  published edition of the National Electrical Code as adopted by 
  7.26  the National Fire Protection Association, Inc. and approved by 
  7.27  the American National Standards Institute, and the National 
  7.28  Electrical Safety Code as published by the Institute of 
  7.29  Electrical and Electronics Engineers, Inc. and approved by the 
  7.30  American National Standards Institute, shall be prima facie 
  7.31  evidence of accepted standards of construction for safety to 
  7.32  life and property; provided further, that in the event a 
  7.33  Minnesota Building Code is formulated pursuant to section 
  7.34  16B.61, containing approved methods of electrical construction 
  7.35  for safety to life and property, compliance with said methods of 
  7.36  electrical construction of said Minnesota Building Code shall 
  8.1   also constitute compliance with this section, and provided 
  8.2   further, that nothing herein contained shall prohibit any 
  8.3   political subdivision from making and enforcing more stringent 
  8.4   requirements than set forth herein and such requirements shall 
  8.5   be complied with by all licensed electricians working within the 
  8.6   jurisdiction of such political subdivisions. 
  8.7      Sec. 10.  [TERMS FOR POWER LIMITED TECHNICIANS.] 
  8.8      The term of one of the power limited technicians appointed 
  8.9   under Minnesota Statutes, section 326.241, subdivision 1, shall 
  8.10  expire after two years.  That person's successor shall be 
  8.11  appointed for a four-year term.