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 provisions relating 1.3 to electricians; adding power limited licensing 1.4 classifications; requiring rulemaking; amending 1.5 Minnesota Statutes 2000, sections 326.01, subdivisions 1.6 5, 6d, 6g, by adding subdivisions; 326.241, 1.7 subdivision 1; 326.242, subdivisions 1, 2, 3, 5, 6, 1.8 6a, 6b, 6c, 7, 8, 10, 12, by adding subdivisions; 1.9 326.2421, subdivisions 2, 3, 4, 9; 326.244, 1.10 subdivisions 1a, 2, 5, 6; 326.245; Minnesota Statutes 1.11 2001 Supplement, section 326.243. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: read: 1.13 Section 1. Minnesota Statutes 2000, section 326.01, 1.14 subdivision 5, is amended to read: 1.15 Subd. 5. [ELECTRICALCONTRACTOR.] The term "electrical1.16 contractor" means a person, partnership, limited liability 1.17 company, or corporation operating a business that undertakes or 1.18 offers to undertake to plan for, lay out, or install or to make 1.19 additions, alterations, or repairs in the installation of 1.20 electrical wiring, apparatus, or equipment for light, heat, 1.21 power, and other purposes with or without compensation who is 1.22 licensed as such by the board of electricity.An electricalA 1.23 contractor's license does not of itself qualify its holder to 1.24 perform or supervise the electrical work authorized by holding 1.25 any class of electrician's or other personal electrical license. 1.26 Sec. 2. Minnesota Statutes 2000, section 326.01, 1.27 subdivision 6d, is amended to read: 1.28 Subd. 6d. [ALARM AND COMMUNICATION SYSTEMPOWER LIMITED 2.1 CIRCUITS OR SYSTEMS.]The term "alarm and communication system"2.2means class 2 or class 3 signaling circuits, power limited fire2.3protective signaling circuits, class 2 or class 3 alarm systems,2.4or communication circuits or systems, as covered by articles2.5725, 760, 770, 800, 810, and 820, of the National Electrical2.6Code as that code was approved by the American National2.7Standards Institute and was in effect on January 14,2.81985."Power limited circuits or systems" means class 2 or 2.9 class 3 signaling circuits, power limited fire protective 2.10 signaling circuits, class 2 or class 3 alarm systems, 2.11 communication circuits, camera pan and tilt circuits, outdoor 2.12 landscape lighting, underground sprinkler circuits or systems, 2.13 as covered by articles 411, 725, 760, 770, 800, 810, and 820, of 2.14 the National Electrical Code as that code was approved by the 2.15 American National Standards Institute and was in effect on 2.16 January 1, 2000. 2.17 Sec. 3. Minnesota Statutes 2000, section 326.01, 2.18 subdivision 6g, is amended to read: 2.19 Subd. 6g. [PERSONAL SUPERVISION.] The term "personal 2.20 supervision" means that a person licensedelectricianto perform 2.21 electrical work oversees and directs the electrical work 2.22 performed by an unlicensed person such that: 2.23 (1) the licensedelectricianperson actually reviews the 2.24 electrical work performed by the unlicensed person; 2.25 (2) the licensedelectricianperson is immediately 2.26 available to the unlicensed person at all times for assistance 2.27 and direction; and 2.28 (3) the licensedelectricianperson is able to and does 2.29 determine that all electrical work performed by the unlicensed 2.30 person is performed in compliance with section 326.243. 2.31 The licensedelectricianperson is responsible for the 2.32 compliance with section 326.243 of all electrical work performed 2.33 by the unlicensed person. 2.34 Sec. 4. Minnesota Statutes 2000, section 326.01, is 2.35 amended by adding a subdivision to read: 2.36 Subd. 6i. [POWER LIMITED CIRCUITS AND SYSTEMS 3.1 CONTRACTORS.] "Power limited circuits and systems contractors" 3.2 means a person, partnership, limited liability company, or 3.3 corporation operating a business that undertakes or offers to 3.4 undertake to plan for, lay out, or install or to make additions, 3.5 alterations, or repairs in the installation of class 2 or class 3.6 3 electrical wiring, apparatus, or equipment with or without 3.7 compensation who is licensed as such by the board of 3.8 electricity. A power limited circuit or systems contractors 3.9 license does not, of itself, qualify its holder to perform or 3.10 supervise the electrical work authorized by holding any class of 3.11 license. 3.12 Sec. 5. Minnesota Statutes 2000, section 326.01, is 3.13 amended by adding a subdivision to read: 3.14 Subd. 6j. [CLASS A MASTER POWER LIMITED 3.15 TECHNICIAN.] "Class A master power limited technician" means a 3.16 person having the necessary qualifications, training, 3.17 experience, and technical knowledge to install, alter, repair, 3.18 plan, lay out, and supervise the installing, altering, and 3.19 repairing of power limited circuits or systems, and who is 3.20 licensed as such by the board of electricity. 3.21 Sec. 6. Minnesota Statutes 2000, section 326.01, is 3.22 amended by adding a subdivision to read: 3.23 Subd. 6k. [CLASS A JOURNEYMAN POWER LIMITED 3.24 TECHNICIAN.] "Class A journeyman power limited electrician" 3.25 means a person having the necessary qualifications, training, 3.26 experience, and technical knowledge to install, alter, repair, 3.27 and supervise the installing, altering, or repairing of 3.28 electrical wiring, apparatus, and equipment for power limited 3.29 circuits or systems and who is licensed as such by the board of 3.30 electricity. 3.31 Sec. 7. Minnesota Statutes 2000, section 326.01, is 3.32 amended by adding a subdivision to read: 3.33 Subd. 6l. [OUTDOOR LANDSCAPE LIGHTING.] "Outdoor landscape 3.34 lighting" means a circuit or system powered by a power source 3.35 that is listed and has a maximum of 300-volt amps and has 3.36 maximum circuit amps of 25 and a maximum voltage of 15 volts 4.1 alternating current. With the exception of luminaires, these 4.2 circuits or systems are installed entirely outdoors and 4.3 underground and at a one- or two-family dwelling, with the 4.4 300-volt amp or less power source receiving its supply, through 4.5 a cord with an attachment plug cap, with a maximum rating of 120 4.6 volts and 20 amps. 4.7 Sec. 8. Minnesota Statutes 2000, section 326.01, is 4.8 amended by adding a subdivision to read: 4.9 Subd. 6m. [UNDERGROUND SPRINKLER CIRCUIT OR 4.10 SYSTEM.] "Underground sprinkler circuit or system" means a 4.11 circuit or system powered by a class 2 or class 3 power source 4.12 used to control underground irrigation systems. These circuits 4.13 or systems are installed entirely outdoors and underground and 4.14 at a one- or two-family dwelling, with the class 2 or class 3 4.15 power source receiving its supply, through a cord with an 4.16 attachment plug cap, with a maximum rating of 120 volts and 20 4.17 amps. 4.18 Sec. 9. Minnesota Statutes 2000, section 326.01, is 4.19 amended by adding a subdivision to read: 4.20 Subd. 6n. [CLASS 2 OR CLASS 3 CIRCUITS.] "Class 2 or class 4.21 3 circuits" means a circuit powered by any one of the following 4.22 three: 4.23 (1) a listed class 2 or class 3 transformer; 4.24 (2) a listed class 2 or class 3 power supply; or 4.25 (3) other listed equipment marked to identify the class 2 4.26 or class 3 power sources. 4.27 Sec. 10. Minnesota Statutes 2000, section 326.01, is 4.28 amended by adding a subdivision to read: 4.29 Subd. 6o. [ONE- OR TWO-FAMILY DWELLING.] "One- or 4.30 two-family dwelling" means a structure that consists of one or 4.31 two units for living purposes including garages and storage 4.32 buildings used only by the occupants of the one and two family 4.33 dwelling and on the same property. 4.34 Sec. 11. Minnesota Statutes 2000, section 326.01, is 4.35 amended by adding a subdivision to read: 4.36 Subd. 6p. [CAMERA PAN OR TILT CIRCUIT.] "Camera pan or 5.1 tilt circuit" means a circuit or system powered by a class 2 or 5.2 class 3 power source used to control or power a video camera in 5.3 or at a one- or two-family dwelling, with the class 2 or class 3 5.4 power source receiving its supply through a cord with an 5.5 attachment plug cap, and with a maximum rating of 120 volts and 5.6 20 amps. 5.7 Sec. 12. Minnesota Statutes 2000, section 326.241, 5.8 subdivision 1, is amended to read: 5.9 Subdivision 1. [COMPOSITION.] The board of electricity 5.10 shall consist of 11 members, residents of the state, appointed 5.11 by the governor of whomat leasttwo shall be representatives of 5.12 the electrical suppliers in the rural areas of the state, two 5.13 shall be master electricians, who shall be contractors, two 5.14 journeyman electricians, one registered consulting electrical 5.15 engineer, two licensedalarm and communication systempower 5.16 limited circuit or systems contractors engaged in the business 5.17 of installingalarm and communicationpower limited circuits or 5.18 systems, and two public members as defined by section 214.02. 5.19 Membership terms, compensation of members, removal of members, 5.20 the filling of membership vacancies, and fiscal year and 5.21 reporting requirements shall be as provided in sections 214.07 5.22 to 214.09. The provision of staff, administrative services and 5.23 office space; the review and processing of complaints; the 5.24 setting of board fees; and other provisions relating to board 5.25 operations shall be as provided in chapter 214. 5.26 Sec. 13. Minnesota Statutes 2000, section 326.242, 5.27 subdivision 1, is amended to read: 5.28 Subdivision 1. [MASTER ELECTRICIAN.] Except as otherwise 5.29 provided by law, no person shall install, alter, repair, plan, 5.30 lay out, or supervise the installing, altering, or repairing of 5.31 electrical wiring, apparatus, or equipment for light, heat, 5.32 power, or other purposes unless the person is: (a) licensed by 5.33 the board as a master electrician and (b)(i) the electrical work 5.34 is for a licensedelectricalcontractor and the person is an 5.35 employee, partner, or officer of, or is the licensedelectrical5.36 contractor, or (ii) the electrical work is performed for the 6.1 person's employer on electric wiring, apparatus, equipment, or 6.2 facilities owned or leased by the employer which is located 6.3 within the limits of property which is owned or leased and 6.4 operated and maintained by the employer. 6.5 (1) An applicant for a Class A master electrician's license 6.6 shall (a) be a graduate of a four-year electrical course in an 6.7 accredited college or university; or (b) shall have had at least 6.8 one year's experience, acceptable to the board, as a licensed 6.9 journeyman; or (c) shall have had at least five years' 6.10 experience, acceptable to the board, in planning for, laying 6.11 out, supervising and installing wiring, apparatus, or equipment 6.12 for electrical light, heat and power. 6.13 (2) As of August 1, 1985, no new Class B master 6.14 electrician's licenses shall be issued. An individual who has a 6.15 Class B master electrician's license as of August 1, 1985 may 6.16 retain the license and exercise the privileges it grants, which 6.17 include electrical work limited to single phase systems, not 6.18 over 200 amperes in capacity, on farmsteads or single-family 6.19 dwellings located in towns or municipalities with fewer than 6.20 2,500 inhabitants. 6.21 Sec. 14. Minnesota Statutes 2000, section 326.242, 6.22 subdivision 2, is amended to read: 6.23 Subd. 2. [JOURNEYMAN ELECTRICIAN.] (a) Except as otherwise 6.24 provided by law, no person shall install, alter, repair, or 6.25 supervise the installing, altering, or repairing of electrical 6.26 wiring, apparatus, or equipment for light, heat, power, or other 6.27 purposes unless: 6.28 (1) the person is licensed by the board as a journeyman 6.29 electrician; and 6.30 (2) the electrical work is: 6.31 (i) foran electricala contractor and the person is an 6.32 employee, partner, or officer of the licensedelectrical6.33 contractor; or 6.34 (ii) performed under the supervision of a master 6.35 electrician also employed by the person's employer on electrical 6.36 wiring, apparatus, equipment, or facilities owned or leased by 7.1 the employer that is located within the limits of property owned 7.2 or leased, operated, and maintained by the employer. 7.3 (b) An applicant for a Class A journeyman electrician's 7.4 license shall have had at least four years of experience, 7.5 acceptable to the board, in wiring for, installing, and 7.6 repairing electrical wiring, apparatus, or equipment, provided 7.7 however, that the board may by rule provide for the allowance of 7.8 one year of experience credit for successful completion of a 7.9 two-year post high school electrical course approved by the 7.10 board. 7.11 (c) As of August 1, 1985, no new Class B journeyman 7.12 electrician's licenses shall be issued. An individual who holds 7.13 a Class B journeyman electrician's license as of August 1, 1985 7.14 may retain the license and exercise the privileges it grants, 7.15 which include electrical work limited to single phase systems, 7.16 not over 200 amperes in capacity, on farmsteads or on 7.17 single-family dwellings located in towns or municipalities with 7.18 fewer than 2,500 inhabitants. 7.19 Sec. 15. Minnesota Statutes 2000, section 326.242, 7.20 subdivision 3, is amended to read: 7.21 Subd. 3. [CLASS A INSTALLER.] Notwithstanding the 7.22 provisions of subdivisions 1, 2, and 6, any person holding a 7.23 class A installer license may lay out and install and supervise 7.24 the laying out and installing of electrical wiring, apparatus, 7.25 or equipment for major electrical home appliances on the load 7.26 side of the main service on farmsteads and in any town or 7.27 municipality with fewer than 1,500 inhabitants, which is not 7.28 contiguous to a city of the first class and does not contain an 7.29 established business ofan electricala contractor. 7.30 Sec. 16. Minnesota Statutes 2000, section 326.242, is 7.31 amended by adding a subdivision to read: 7.32 Subd. 3d. [CLASS A MASTER POWER LIMITED TECHNICIAN.] (a) 7.33 Except as otherwise provided by law, no person may plan or lay 7.34 out the installation or alteration of electrical wiring, 7.35 apparatus, or equipment for power limited circuits or systems 7.36 unless the person is licensed by the board as a master power 8.1 limited technician and: 8.2 (1) the electrical work is for a licensed contractor and 8.3 the person is an employee, partner, or officer of, or is the 8.4 licensed contractor; or 8.5 (2) the electrical work is performed for the person's 8.6 employer on electric wiring, apparatus, equipment, or facilities 8.7 owned or leased by the employer that is located within the 8.8 limits of property owned or leased, operated, and maintained by 8.9 the employer. 8.10 (b) An applicant for a class A master power limited 8.11 technician license shall: 8.12 (1) be a graduate of a four-year electrical course in an 8.13 accredited college or university; 8.14 (2) have had at least one year's experience, acceptable to 8.15 the board, as a licensed power limited technician; or 8.16 (3) have had at least 48 months experience, acceptable to 8.17 the board, in planning for, laying out, supervising, and 8.18 installing wiring, apparatus, or equipment for power limited 8.19 circuits or systems; provided however, that the board may, by 8.20 rule, provide for the allowance of up to 12 months of experience 8.21 credit for successful completion of a two-year post high school 8.22 electrical course or other technical training approved by the 8.23 board. 8.24 (c) The board may initially set experience requirements 8.25 without rulemaking, but must adopt rules before July 1, 2003. 8.26 (d) A person who has achieved a minimal score of 70 percent 8.27 on an alarm and communication examination administered by the 8.28 board before April 30, 2003, may obtain a master power limited 8.29 technician license without further examination by submitting an 8.30 application and a license fee of $30. 8.31 (e) A company holding an alarm and communication 8.32 contractor's license, a cable company, or a phone company on or 8.33 before June 30, 2003, may designate one person who may obtain a 8.34 master power limited technician license without passing an 8.35 examination administered by the board by submitting an 8.36 application and license fee of $30 on or before June 30, 2006. 9.1 Sec. 17. Minnesota Statutes 2000, section 326.242, is 9.2 amended by adding a subdivision to read: 9.3 Subd. 3e. [CLASS A JOURNEYMAN POWER LIMITED 9.4 TECHNICIAN.] (a) Except as otherwise provided by law, no person 9.5 may install, alter, repair, or supervise the installing, 9.6 altering, or repairing of electrical wiring, apparatus, or 9.7 equipment for power limited circuits or systems unless: 9.8 (1) the person is licensed by the board as a journeyman 9.9 power limited technician; and 9.10 (2) the electrical work is: 9.11 (i) for a contractor and the person is an employee, 9.12 partner, or officer of the licensed contractor; or 9.13 (ii) performed under the supervision of a master 9.14 electrician or master power limited technician also employed by 9.15 the person's employer on electrical wiring, apparatus, 9.16 equipment, or facilities owned or leased by the employer that is 9.17 located within the limits of property owned or leased, operated, 9.18 and maintained by the employer. 9.19 (b) An applicant for a journeymen power limited technician 9.20 license shall: 9.21 (1) be a graduate of a four-year electrical course in an 9.22 accredited college or university; or 9.23 (2) have had at least 36 months experience, acceptable to 9.24 the board, in wiring for, installing, and repairing electrical 9.25 wiring, apparatus, or equipment for power limited circuits or 9.26 systems, provided however, that the board may, by rule, provide 9.27 for the allowance of up to 12 months of experience credit for 9.28 successful completion of a two-year post high school electrical 9.29 course or other technical training approved by the board. 9.30 (c) A person with at least 36 months experience, acceptable 9.31 to the board, in wiring for, installing, and repairing 9.32 electrical wiring, apparatus, or equipment for power limited 9.33 circuits or systems on or before June 30, 2004, may obtain a 9.34 journeyman power limited technician license without passing an 9.35 examination administered by the board by submitting an 9.36 application and license fee of $30 on or before June 30, 2004. 10.1 (d) The board may initially set experience requirements 10.2 without rulemaking, but must adopt rules before July 1, 2003. 10.3 Sec. 18. Minnesota Statutes 2000, section 326.242, 10.4 subdivision 5, is amended to read: 10.5 Subd. 5. [UNLICENSED PERSONS.] (a) An unlicensed person 10.6 shall not perform electrical work unless the work is performed 10.7 under the personal supervision ofan electriciana person 10.8 actually licensed to perform such work and the licensed 10.9 electrician and unlicensedpersonpersons are employed by the 10.10 same employer. Licensedelectricianspersons shall not permit 10.11 unlicensed persons to perform electrical work except under the 10.12 personal supervision ofan electriciana person actually 10.13 licensed to perform such work. Unlicensed persons shall not 10.14 supervise the performance of electrical work or make assignments 10.15 of electrical work to unlicensed persons. Licensedelectricians10.16 persons shall supervise no more than two unlicensed persons. 10.17 (b) Notwithstanding any other provision of this section, no 10.18 person other than a master electrician or master power limited 10.19 technician shall plan or lay out electrical wiring, apparatus, 10.20 or equipment for light, heat, power, or other purposes. 10.21 (c)ElectricalContractors employing unlicensed persons 10.22 performing electrical work shall maintain records establishing 10.23 compliance with this subdivision, which shall designate all 10.24 unlicensed persons performing electrical work and shall permit 10.25 the board to examine and copy all such records as provided for 10.26 in section 326.244, subdivision 6. 10.27 Sec. 19. Minnesota Statutes 2000, section 326.242, 10.28 subdivision 6, is amended to read: 10.29 Subd. 6. [ELECTRICALCONTRACTOR'S LICENSE REQUIRED.] 10.30 Except as otherwise provided by law, no person other than an 10.31 employee, partner, or officer of a licensedelectrical10.32 contractor, as defined by section 326.01, subdivision 5, shall 10.33 undertake or offer to undertake to plan for, lay out, supervise 10.34 or install or to make additions, alterations, or repairs in the 10.35 installation of electrical wiring, apparatus, and equipment for 10.36 light, heat, power, and other purposes with or without 11.1 compensation unless the person obtainsan electricala 11.2 contractor's license.An electricalA contractor's license does 11.3 not of itself qualify its holder to perform or supervise the 11.4 electrical work authorized by holding any class ofelectrician's11.5 personal license as described in sections 326.241 to 326.248. 11.6 Sec. 20. Minnesota Statutes 2000, section 326.242, 11.7 subdivision 6a, is amended to read: 11.8 Subd. 6a. [BOND REQUIRED.] Eachelectricalcontractor 11.9 shall give and maintain bond to the state in the penal sum of 11.10 $5,000 conditioned upon the faithful and lawful performance of 11.11 all work entered upon by the contractor within the state of 11.12 Minnesota and such bond shall be for the benefit of persons 11.13 injured or suffering financial loss by reason of failure of such 11.14 performance. The bond shall be filed with the board and shall 11.15 be in lieu of all other license bonds to any political 11.16 subdivision. Such bond shall be written by a corporate surety 11.17 licensed to do business in the state of Minnesota. 11.18 Sec. 21. Minnesota Statutes 2000, section 326.242, 11.19 subdivision 6b, is amended to read: 11.20 Subd. 6b. [INSURANCE REQUIRED.] Eachelectricalcontractor 11.21 shall have and maintain in effect general liability insurance, 11.22 which includes premises and operations insurance and products 11.23 and completed operations insurance, with limits of at least 11.24 $100,000 per occurrence, $300,000 aggregate limit for bodily 11.25 injury, and property damage insurance with limits of at least 11.26 $25,000 or a policy with a single limit for bodily injury and 11.27 property damage of $300,000 per occurrence and $300,000 11.28 aggregate limits. Such insurance shall be written by an insurer 11.29 licensed to do business in the state of Minnesota and each 11.30electricalcontractor shall maintain on file with the board a 11.31 certificate evidencing such insurance which provides that such 11.32 insurance shall not be canceled without the insurer first giving 11.33 15 days written notice to the board of such cancellation. 11.34 Sec. 22. Minnesota Statutes 2000, section 326.242, 11.35 subdivision 6c, is amended to read: 11.36 Subd. 6c. [EMPLOYMENT OF MASTER ELECTRICIAN OR MASTER 12.1 POWER LIMITED TECHNICIAN.] (a) Noelectricalcontractor shall 12.2 engage in the business of electrical contracting unless the 12.3electricalcontractor employs a licensed Class A master or Class 12.4 B master electrician, or a Class A master power limited 12.5 technician who shall be responsible for the performance of all 12.6 electrical work in accordance with the requirements of sections 12.7 326.241 to 326.248 or any rule or order adopted or issued under 12.8 these sections. The classes of work for which the 12.9 licensedelectricalcontractor is authorizedshall beis limited 12.10 to those for whichsucha Class A master,orClass B master, or 12.11 a Class A master power limited technician employed by the 12.12electricalcontractor is licensed. 12.13 (b) Whenan electricala contractor's license is held by an 12.14 individual, partnership, limited liability company, or 12.15 corporation and the individual, one of the partners, one of the 12.16 members, or an officer of the corporation, respectively, is not 12.17 the responsible masterelectricianof record, all requests for 12.18 inspection shall be signed by the responsible masterelectrician12.19 of record. The designated responsible masterelectricianof 12.20 record shall be employed by the individual, partnership, limited 12.21 liability company, or corporation which is applying foran12.22electricala contractor's license and shall not be employed in 12.23 any capacity as a licensed electrician or licensed technician by 12.24 any otherelectricalcontractor or employer designated in 12.25 subdivision 12. 12.26 (c) All applications forelectrical contractor's12.27 contractors' licenses and all renewals shall include a verified 12.28 statement that the applicant or licensee has complied with this 12.29 subdivision. 12.30 Sec. 23. Minnesota Statutes 2000, section 326.242, 12.31 subdivision 7, is amended to read: 12.32 Subd. 7. [EXAMINATION.] In addition to the requirements 12.33 imposed herein and except as herein otherwise provided, as a 12.34 precondition to issuance ofan electrician'sa personal license, 12.35 each applicant must pass a written or oral examination given by 12.36 the board to insure the competence of each applicant for 13.1 license. An oral examination shall be administered only to an 13.2 applicant who furnishes a written statement from a certified 13.3 teacher or other professional, trained in the area of reading 13.4 disabilities stating that the applicant has a specific reading 13.5 disability which would prevent the applicant from performing 13.6 satisfactorily on a written test. The oral examination shall be 13.7 structured so that an applicant who passes the examination will 13.8 not impair the applicant's own safety or that of others while 13.9 acting asan electriciana licensed person. No person failing 13.10 an examination may retake it for six months thereafter, but 13.11 within such six months the person may take an examination for a 13.12 lesser grade of license. Any licensee failing to renew a 13.13 license for two years or more after its expiration shall be 13.14 required to retake the examination before being issued a new 13.15 license. 13.16An applicant for journeyman's or special electrician's13.17license who shall furnish evidence satisfactory to the board of13.18having the requisite experience, upon written application,13.19payment of the examination fee and fulfillment of all other13.20requirements stated herein, may work as a journeyman or special13.21electrician until the examination next following and the13.22announcement of the results of such latter examination by the13.23board.An applicant for a personal license shall submit to the 13.24 board an application and examination fee at the time of 13.25 application. Upon approval of the application, the board shall 13.26 schedule the applicant for the next available examination, which 13.27 shall be held within 60 days. The applicant shall be allowed 13.28 one opportunity to reschedule an examination without being 13.29 required to submit another application and examination fee. 13.30 Additionally, an applicant who fails an examination, or whose 13.31 application has been disapproved, must submit another 13.32 application and examination fee. 13.33 Sec. 24. Minnesota Statutes 2000, section 326.242, 13.34 subdivision 8, is amended to read: 13.35 Subd. 8. [LICENSE AND RENEWAL FEES.] All licenses issued 13.36 hereunder shall expire in a manner as provided by the board. 14.1 Fees, as set by the board, shall be payable for examination, 14.2 issuance and renewal of the following: 14.3 (1) For examination: 14.4 Class A Master. 14.5 Class A Master Power Limited Technician. 14.6 Class A Journeyman Power Limited Technician. 14.7 Class B Master. 14.8 Class A Journeyman, Class B Journeyman, Installer,Alarm14.9and Communications Contractor,or Special Electrician. 14.10 (2) For issuance of original license and renewal: 14.11 Class A Master. 14.12 Class B Master. 14.13 Class A Master Power Limited Technician. 14.14 Class A Journeyman Power Limited Technician. 14.15 Class A Journeyman, Class B Journeyman, Installer, or 14.16 Special Electrician. 14.17 Electrical contractor. 14.18Alarm and Communication System ContractorPower Limited 14.19 Circuits and Systems Contractor. 14.20 Sec. 25. Minnesota Statutes 2000, section 326.242, 14.21 subdivision 10, is amended to read: 14.22 Subd. 10. [CONTINUATION OF BUSINESS BY ESTATES.] Upon the 14.23 death of a master who isan electricala contractor the board 14.24 may permit the decedent's representative to carry on the 14.25 business of the decedent for a period not in excess of six 14.26 months, for the purpose of completing work under contract or 14.27 otherwise to comply with sections 326.241 to 326.248. The 14.28 representative shall give such bond as the board may require 14.29 conditioned upon the faithful and lawful performance of such 14.30 work and such bond shall be for the benefit of persons injured 14.31 or suffering financial loss by reason of failure of such 14.32 performance. Such bond shall be written by a corporate surety 14.33 licensed to do business in the state of Minnesota. Such 14.34 representative shall also comply with all public liability and 14.35 property damage insurance requirements imposed by this chapter 14.36 upon a licensedelectricalcontractor. 15.1 Sec. 26. Minnesota Statutes 2000, section 326.242, 15.2 subdivision 12, is amended to read: 15.3 Subd. 12. [EXEMPTIONS FROM LICENSING.] (a) A maintenance 15.4 electrician who is supervised by the responsible master 15.5 electrician foran electricala contractor who has contracted 15.6 with the maintenance electrician's employer to provide services 15.7 for whichan electricala contractor's license is required or by 15.8 a master electrician or an electrical engineer registered with 15.9 the board and who is an employee of an employer and is engaged 15.10 in the maintenance, and repair of electrical equipment, 15.11 apparatus, and facilities owned or leased by the employer, and 15.12 performed within the limits of property which is owned or leased 15.13 and operated and maintained by said employer, shall not be 15.14 required to hold or obtain a license under sections 326.241 to 15.15 326.248; or. 15.16 (b)Employees of a licensed alarm and communication15.17contractor are not required to hold a license under sections15.18326.241 to 326.248 while performing work authorized to be15.19conducted by an alarm and communication contractor; orHeating, 15.20 ventilating, air conditioning, and refrigeration contractors and 15.21 their employees are not required to hold or obtain a license 15.22 under sections 326.241 to 326.248 when performing heating, 15.23 ventilating, air conditioning, or refrigeration work as 15.24 described in section 326.245. 15.25 (c) Employees of any electric, communications, cable 15.26 communications company as defined in section 238.02, or railway 15.27 utility, or a telephone company as defined under section 237.01 15.28 or its employees, or of any independent contractor performing 15.29 work on behalf of any such utility, communications, cable 15.30 communications company, or telephone company, shall not be 15.31 required to hold a license under sections 326.241 to 326.248: 15.321.(1) while performing work on installations, materials, 15.33 or equipment which are owned or leased, and operated and 15.34 maintained by such utility, cable communications company, or 15.35 telephone company in the exercise of its utility, antenna, or 15.36 telephone function, and which: 16.1 (i) are used exclusively for the generation, 16.2 transformation, distribution, transmission, or metering of 16.3 electric current, or the operation of railway signals, or the 16.4 transmission of intelligence and do not have as a principal 16.5 function the consumption or use of electric current, or provide 16.6 service by or for the benefit of any person other than such 16.7 utility, cable communications, or telephone company, and 16.8 (ii) are generally accessible only to employees of such 16.9 utility, cable communications, or telephone company or persons 16.10 acting under its control or direction, and 16.11 (iii) are not on the load side of themeterservice point 16.12 of entrance;or16.132.(2) while performing work on installations, materials, 16.14 or equipment which are a part of the street lighting operations 16.15 of such utility; or 16.163.(3) while installing or performing work on outdoor area 16.17 lights which are directly connected to a utility's distribution 16.18 system and located upon the utility's distribution poles, and 16.19 which are generally accessible only to employees of such utility 16.20 or persons acting under its control or direction; or. 16.21 (d) An owner shall not be required to hold or obtain a 16.22 license under sections 326.241 to 326.248. 16.23 Sec. 27. Minnesota Statutes 2000, section 326.2421, 16.24 subdivision 2, is amended to read: 16.25 Subd. 2. [EXEMPTION.]Except as provided in subdivision 3,16.26 No person or company exempt under subdivision 3 or licensed 16.27 pursuant tosubdivision 3section 326.242, subdivision 4 or 6, 16.28 may be required to obtain any authorization, permit, franchise, 16.29 or license from, or pay any fee, franchise tax, or other 16.30 assessment to, any agency, department, board, or political 16.31 subdivision of the state as a condition for performing any work 16.32 described herein.The requirements of this section shall not16.33apply to telephone companies as defined under section 237.01 nor16.34to their employees, that are only engaged in the laying out,16.35installation, and repair of telephone systems.16.36 Sec. 28. Minnesota Statutes 2000, section 326.2421, 17.1 subdivision 3, is amended to read: 17.2 Subd. 3. [ALARM AND COMMUNICATIONPOWER LIMITED CIRCUITS 17.3 OR SYSTEMS CONTRACTOR'S LICENSES.] No person may lay out, 17.4 install, maintain, or repair alarm and communication systems, 17.5 unless the person is licensed asan alarm and communicationa 17.6 power limited circuits or systems contractor under this 17.7 subdivision, or is a licensed electrical contractor under 17.8 section 326.242, subdivision 6, or is an employee of the 17.9 contractor. The board of electricity shall issuean alarm and17.10communicationa power limited circuits or systems contractor's 17.11 license to any individual, corporation, limited liability 17.12 company, partnership, sole proprietorship, or other business 17.13 entity that provides adequate proof that a bond and insurance in 17.14 the amounts required by section 326.242, subdivision 6, have 17.15 been obtained by the applicant. The boardshallmay set license 17.16 fees pursuant to section 16A.1285. Installation ofalarm and17.17communication systemspower limited circuits or systems are 17.18 subject to inspection and inspection fees as provided in section 17.19 326.244, subdivision 1a. 17.20 Sec. 29. Minnesota Statutes 2000, section 326.2421, 17.21 subdivision 4, is amended to read: 17.22 Subd. 4. [EXAMINATION.] Noalarm and communicationpower 17.23 limited circuits or systems contractor shall be issued a license 17.24 by the board under this section unless the contractor or an 17.25 employee of the contractorhas passed an alarm and communication17.26system examination given by the board of electricityis licensed 17.27 by the board as a class A master power limited technician. 17.28 Sec. 30. Minnesota Statutes 2000, section 326.2421, 17.29 subdivision 9, is amended to read: 17.30 Subd. 9. [LIMITATION.] Nothing in this section prohibits a 17.31 unit of local government from charging a franchise fee to the 17.32 operator of a cable communicationssystemcompany as defined in 17.33 section 238.02. 17.34 Sec. 31. Minnesota Statutes 2001 Supplement, section 17.35 326.243, is amended to read: 17.36 326.243 [SAFETY STANDARDS.] 18.1 All electrical wiring, apparatus, and equipment for 18.2 electric light, heat and power,alarm and communicationand 18.3 power limited circuits or systems shall comply with the rules of 18.4 the department of commerce or the department of labor and 18.5 industry, as applicable, and be installed in conformity with 18.6 accepted standards of construction for safety to life and 18.7 property. For the purposes of this chapter, the rules and 18.8 safety standards stated at the time the work is done in the then 18.9 most recently published edition of the National Electrical Code 18.10 as adopted by the National Fire Protection Association, Inc. and 18.11 approved by the American National Standards Institute, and the 18.12 National Electrical Safety Code as published by the Institute of 18.13 Electrical and Electronics Engineers, Inc. and approved by the 18.14 American National Standards Institute, shall be prima facie 18.15 evidence of accepted standards of construction for safety to 18.16 life and property; provided further, that in the event a 18.17 Minnesota Building Code is formulated pursuant to section 18.18 16B.61, containing approved methods of electrical construction 18.19 for safety to life and property, compliance with said methods of 18.20 electrical construction of said Minnesota Building Code shall 18.21 also constitute compliance with this section, and provided 18.22 further, that nothing herein contained shall prohibit any 18.23 political subdivision from making and enforcing more stringent 18.24 requirements than set forth herein and such requirements shall 18.25 be complied with by all licensed electricians working within the 18.26 jurisdiction of such political subdivisions. 18.27 Sec. 32. Minnesota Statutes 2000, section 326.244, 18.28 subdivision 1a, is amended to read: 18.29 Subd. 1a. [ALARM AND COMMUNICATIONPOWER LIMITED CIRCUITS 18.30 OR SYSTEMS.] (a) The installation offire alarm systems as18.31defined in article 760 of the National Electrical Codepower 18.32 limited circuits and systems, except minor work performed by a 18.33 contractor, work performed by a heating, ventilating, or air 18.34 conditioning contractor as described in section 326.245, and 18.35 work performed by cable companies and phone companies employees, 18.36 must be inspected as provided in this section for compliance 19.1 with the applicable provisionsof articles 725, 760, 770, 800,19.2810, and 820 of the most recent editionof the National 19.3 Electrical Code and the applicable provisions of the National 19.4 Electrical Safety Code, as those codes were approved by the 19.5 American National Standards Institute. 19.6 (c) For the purposes of this subdivision "minor work" means 19.7 the adjustment or repair and replacement of worn or defective 19.8 parts ofan alarm or communicationpower limited circuits or 19.9systemsystems. Minor work may be inspected under this section 19.10 at the request of the owner of the property or the person doing 19.11 the work. 19.12 (d) Notwithstanding this subdivision, if an electrical 19.13 inspectorin the course of doing another inspection in a19.14buildingobserves that analarm and communicationindividual, 19.15 corporation, limited liability company, partnership, sole 19.16 proprietorship, or other business entity employer, owner, or 19.17 contractor has not complied with accepted standards when the 19.18 work was performed, as provided in the most recent editions of 19.19 the National Electrical Code and the National Electrical Safety 19.20 Code as approved by the American National Standards Institute, 19.21 the inspector may order the individual, corporation, limited 19.22 liability company, partnership, sole proprietorship, or other 19.23 business entity employer, owner, or contractor who has performed 19.24 the work to file a request for electrical inspection, pay an 19.25 inspection fee, and make any necessary repairs to comply with 19.26 applicable standards and require that the work be inspected. 19.27 Sec. 33. Minnesota Statutes 2000, section 326.244, 19.28 subdivision 2, is amended to read: 19.29 Subd. 2. [PROCEDURE.] (a) At or before commencement of any 19.30 installation required to be inspected by the board, the 19.31electricalcontractor, installer, special electrician, or owner 19.32 making the installation shall submit to the board a request for 19.33 inspection, in a form prescribed by the board, together with the 19.34 fees required for the installation. 19.35 (b) The fees required are a handling fee and an inspection 19.36 fee. The handling fee shall be set by the board in an amount 20.1 sufficient to pay the cost of printing and handling the form 20.2 requesting an inspection. The inspection fee shall be set by 20.3 the board in an amount sufficient to pay the actual costs of the 20.4 inspection and the board's costs in administering the 20.5 inspection. All fees shall be set pursuant to the procedure of 20.6 sections 14.001 to 14.69. 20.7 (c) If the inspector finds that the installation is not in 20.8 compliance with accepted standards of construction for safety to 20.9 life and property as required by section 326.243, the inspector 20.10 shall by written order condemn the installation or noncomplying 20.11 portion thereof, or order service to the installation 20.12 disconnected, and shall send a copy of the order to the board. 20.13 If the installation or the noncomplying part will seriously and 20.14 proximately endanger human life and property, the order of the 20.15 inspector, when approved by the inspector's superior, shall 20.16 require immediate condemnation or disconnection. In all other 20.17 cases, the order of the inspector shall permit a reasonable 20.18 opportunity for the installation to be brought into compliance 20.19 with accepted standards of construction for safety to life and 20.20 property prior to the effective time established for 20.21 condemnation or disconnection. 20.22 (d) Copies of each condemnation or disconnection order 20.23 shall be served personally or by mail upon the property owner, 20.24 and theelectricalcontractor, installer, or special electrician 20.25 making the installation, and other persons as the board by rule 20.26 may direct. An aggrieved party may appeal any condemnation or 20.27 disconnection order by filing with the board a notice of appeal 20.28 within ten days after (1) service upon the aggrieved party of 20.29 the condemnation or disconnection order, if this service is 20.30 required, or (2) filing of the order with the board, whichever 20.31 is later. The appeal shall proceed and the order of the 20.32 inspector shall have the effect the order, by its terms, and the 20.33 rules of the board provides. The board shall adopt rules 20.34 providing procedures for the conduct of appeals, including 20.35 provisions for the stay of enforcement of the order of the 20.36 inspector pending such appeal when justified by the 21.1 circumstances. 21.2 Sec. 34. Minnesota Statutes 2000, section 326.244, 21.3 subdivision 5, is amended to read: 21.4 Subd. 5. [EXEMPTIONS FROM INSPECTIONS.] Installations, 21.5 materials, or equipment shall not be subject to inspection under 21.6 sections 326.241 to 326.248: 21.7 (1) when owned or leased, operated and maintained by any 21.8 employer whose maintenance electricians are exempt from 21.9 licensing under sections 326.241 to 326.248, while performing 21.10 electrical maintenance work only as defined by board rule; 21.11 (2) when owned or leased, and operated and maintained by 21.12 any electric, communications or railway utility or telephone 21.13 company in the exercise of its utility or telephone function; 21.14 and 21.15 (i) are used exclusively for the generations, 21.16 transformation, distribution, transmission, or metering of 21.17 electric current, or the operation of railway signals, or the 21.18 transmission of intelligence, and do not have as a principal 21.19 function the consumption or use of electric current by or for 21.20 the benefit of any person other than such utility or telephone 21.21 company; and 21.22 (ii) are generally accessible only to employees of such 21.23 utility or telephone company or persons acting under its control 21.24 or direction; and 21.25 (iii) are not on the load side of themeterservice point 21.26 or point of entrance; 21.27 (3) when used in the street lighting operations of an 21.28 electric utility; 21.29 (4) when used as outdoor area lights which are owned and 21.30 operated by an electric utility and which are connected directly 21.31 to its distribution system and located upon the utility's 21.32 distribution poles, and which are generally accessible only to 21.33 employees of such utility or persons acting under its control or 21.34 direction; 21.35 (5)when the installation, material, and equipment are21.36alarm or communication systems laid out, installed, or22.1maintained within residential units not larger than a22.2duplexwhen the installation, materials, or equipment are for 22.3 heating, ventilating, air conditioning, or refrigeration work as 22.4 described in section 326.245; 22.5 (6) when the installation, material, and equipment are in 22.6 facilities subject to the jurisdiction of the federal Mine 22.7 Safety and Health Act; or 22.8 (7) when the installation, material, and equipment is part 22.9 of an elevator installation for which the elevator contractor, 22.10 licensed under section 326.242, is required to obtain a permit 22.11 from the authority having jurisdiction as provided by section 22.12 16B.747, and the inspection has been or will be performed by an 22.13 elevator inspector certified by the department of administration 22.14 and licensed by the board of electricity. This exemption shall 22.15 apply only to installations, material, and equipment permitted 22.16 or required to be connected on the load side of the 22.17 disconnecting means required for elevator equipment under 22.18 National Electric Code Article 620, and elevator communications 22.19 and alarm systems within the machine room, car, hoistway, or 22.20 elevator lobby. 22.21 Sec. 35. Minnesota Statutes 2000, section 326.244, 22.22 subdivision 6, is amended to read: 22.23 Subd. 6. [SITE INSPECTIONS.] The board may, without 22.24 advance notice, inspect any site at which electrical work is 22.25 being performed or has been performed or where records 22.26 concerning the performance of electrical work are kept for 22.27 purposes of ensuring compliance with sections 326.241 to 326.248 22.28 or any rule or order adopted or issued under these sections. 22.29 With respect to electrical work performed at or records kept in 22.30 an occupied private dwelling, all inspections permitted by this 22.31 subdivision shall occur during normal business hours and shall 22.32 be preceded by advance notice, which need not be in writing. 22.33 The board shall have the authority to examine and copy all 22.34 records concerning the performance of electrical work and to 22.35 question in private all persons employed byan electricala 22.36 contractor or on the site. No person shall retaliate in any 23.1 manner against any employee or person who is questioned by, 23.2 cooperates with, or provides information to the board, its 23.3 complaint committee, or the attorney general. 23.4 Sec. 36. Minnesota Statutes 2000, section 326.245, is 23.5 amended to read: 23.6 326.245 [MANUFACTURING, INSTALLATION, ALTERATION, OR REPAIR 23.7 OF ELECTRICAL APPARATUS; EXEMPT.] 23.8 Subdivision 1. [MANUFACTURERS.] Electrical components, 23.9 apparatus, or appliances being manufactured within the limits of 23.10 property which is owned or leased by a manufacturer and such 23.11 manufacturer's production employeesshallare notbecovered by 23.12 sections 326.241 to 326.248.Installation, alteration, or23.13repair of electrical appliance units, except (a) electrical23.14wiring to the unit, or (b) original wiring in or on the unit23.15installed outside the limits of property which is owned or23.16leased by a manufacturer shall not be covered by this chapter.23.17For purposes of this section, "electrical appliance units" means23.18all electrical and natural gas appliances that use electricity23.19including, but not limited to, furnaces, water heaters, stoves,23.20clothes washers, dryers, air conditioners, dishwashers, and23.21humidifiers.23.22 Subd. 2. [ELECTRICAL APPLIANCE UNITS.] Installation, 23.23 alteration, or repair of electrical appliance units are not 23.24 covered by sections 326.241 to 326.248. For the purposes of 23.25 this section, "electrical appliance units" means all electrical 23.26 and natural gas appliances that use electricity including, but 23.27 not limited to, furnaces, water heaters, stoves, clothes 23.28 washers, dryers, and dishwashers. The installation of 23.29 electrical wiring to an electrical appliance unit is covered by 23.30 sections 326.241 to 326.248. 23.31 Subd. 3. [OTHER UNITS.] Design, planning, and installation 23.32 of heating, ventilating, air conditioning, or refrigeration 23.33 units are not covered by sections 326.241 to 326.248. For 23.34 purposes of this section, heating, ventilating, air 23.35 conditioning, or refrigeration units include, but are not 23.36 limited to, air conditioning units, air conditioning 24.1 evaporators, air conditioning condensers, air conditioning and 24.2 refrigeration chillers, boilers, furnaces, air handling units, 24.3 rooftop units, humidifiers, ice makers, and super market, ice 24.4 area, and bar/restaurant equipment. The installation of 24.5 electrical wiring to the unit is covered by sections 326.241 to 24.6 326.248. 24.7 Subd. 4. [OTHER EQUIPMENT.] Design, planning, alteration, 24.8 replacement, or repair of heating, ventilating, air 24.9 conditioning, or refrigeration equipment, and associated 24.10 devices, controls, and wiring including wiring in or on the 24.11 equipment, are not covered by sections 326.241 to 326.248 when 24.12 the work is performed by an employee of a heating, ventilating, 24.13 air conditioning, or refrigeration contractor provided that the 24.14 employee performing the work has received a certificate of 24.15 completion from a heating, ventilating, air conditioning, or 24.16 refrigeration apprenticeship program approved by the state of 24.17 Minnesota. Employees registered in an approved heating, 24.18 ventilating, air conditioning, or refrigeration program may 24.19 design, plan, alter, replace, or repair heating, ventilating, 24.20 air conditioning, or refrigeration equipment, devices, and 24.21 controls including wiring in or on the equipment, under the 24.22 direction of an employee who has a certificate of completion 24.23 from an approved program. The installation of electrical wiring 24.24 to the unit is covered by sections 326.241 to 326.248.