Minnesota Legislature
HF 1336
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/22/2007 | |
| 1st Engrossment | Posted on 03/15/2007 | |
| 2nd Engrossment | Posted on 03/23/2007 |
| Committee Engrossments | ||
|---|---|---|
| 1st Committee Engrossment | Posted on 03/13/2007 |
Current Version - 2nd Engrossment
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A bill for an act
relating to occupations; establishing the Board of High Pressure Piping Systems;
requiring the board to establish fees; transferring authority to adopt rules to the
board; amending Minnesota Statutes 2006, sections 326.46; 326.461, by adding a
subdivision; 326.47, subdivisions 2, 6; 326.48, subdivisions 1, 2; 326.50; 326.51;
326.52; proposing coding for new law in Minnesota Statutes, chapter 326.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 326.46, is amended to read:
326.46 SUPERVISION OF HIGH PRESSURE PIPING.
The Department of Labor and Industry shall supervise all high pressure piping
used on all projects in this statedeleted text begin , and may prescribe minimum standards which shall be
uniformdeleted text end new text begin under rules adopted by the boardnew text end .
The department shall employ inspectors and other assistants to carry out the
provisions of sections 326.46 to 326.52.
Sec. 2.
Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Board. new text end
new text begin
"Board" means the Board of High Pressure Piping Systems.
new text end
Sec. 3.
Minnesota Statutes 2006, section 326.47, subdivision 2, is amended to read:
Subd. 2.
Permissive municipal regulation.
A municipality may, by ordinance,
provide for the inspection of high pressure piping system materials and construction, and
provide that it shall not be constructed or installed except in accordance with minimum
state standards. The authority designated by the ordinance for issuing high pressure piping
permits and assuring compliance with state standards must report to the Department of
Labor and Industry all violations of state high pressure piping standards.
A municipality may not adopt an ordinance with high pressure piping standards that
does not conform to the uniform standards prescribed by the deleted text begin Department of Labor and
Industrydeleted text end new text begin boardnew text end . The deleted text begin Department of Labor and Industrydeleted text end new text begin boardnew text end shall specify by rule the
minimum qualifications for municipal inspectors.
Sec. 4.
Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
Subd. 6.
Filing and inspection fees.
The Department of Labor and Industry
must charge a filing fee set by the deleted text begin commissionerdeleted text end new text begin boardnew text end under section 16A.1285 for all
applications for permits to construct or install high pressure piping systems. The fee for
inspection of high pressure piping system construction or installation shall be set by the
deleted text begin commissionerdeleted text end new text begin boardnew text end under section 16A.1285. This subdivision does not apply where a
permit is issued by a municipality complying with subdivision 2.
Sec. 5.
new text begin
[326.471] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
new text end
new text begin Subdivision 1. new text end
new text begin Composition. new text end
new text begin
(a) The Board of High Pressure Piping Systems shall
consist of 12 members who must be residents of the state, appointed by the governor, and
confirmed by the senate. The commissioner of the Department of Labor and Industry or
the commissioner's designee shall be a nonvoting member. The first appointed board
members shall serve an initial term of four years, except where designated otherwise. The
governor shall then reappoint the current members or appoint replacement members, all or
in part, to subsequent three-year terms. Midterm vacancies shall be filled for the remaining
portion of the term. Vacancies occurring with less than six months time remaining in the
term shall be filled for the existing term and the following three-year term. Of the 11
appointed members, the composition shall be as follows:
new text end
new text begin
(1) one member shall be a high pressure piping inspector;
new text end
new text begin
(2) one member shall be a licensed mechanical engineer;
new text end
new text begin
(3) one member shall be a representative of the piping industry;
new text end
new text begin
(4) four members shall be high pressure piping contractors or their representatives,
engaged in the scope of high pressure piping, two from the metro area and two from
greater Minnesota;
new text end
new text begin
(5) two members shall be high pressure piping journeypersons engaged in the scope
of high pressure piping systems installation, one from the metro area and one from greater
Minnesota; and
new text end
new text begin
(6) two members shall be representatives from utility companies in Minnesota
who shall serve an initial term of two years.
new text end
new text begin
(b) Except for the licensed mechanical engineer and the members from utilities
companies, all persons appointed to the board must possess a current license or
competency credential required for contractors and persons engaged in the design,
installation, alteration, and inspection of high pressure systems.
new text end
new text begin
(c) Compensation and removal of board members is governed by section 15.0575.
new text end
new text begin
(d) The commissioner of labor and industry shall provide office space, administrative
support, and staff assistance as requested by the board.
new text end
new text begin Subd. 2. new text end
new text begin Powers. new text end
new text begin
(a) The board shall have the power to:
new text end
new text begin
(1) elect its own officers;
new text end
new text begin
(2) specify the high pressure piping code that must be followed in Minnesota;
new text end
new text begin
(3) maintain an appeals committee to make determinations regarding any complaints,
code amendments, code compliance, and code clarifications filed with the board;
new text end
new text begin
(4) adopt rules necessary for the regulation and licensing of contractors,
journeypersons, trainees, and other persons engaged in the design, installation, alteration,
and inspection of high pressure piping systems;
new text end
new text begin
(5) adopt rules necessary for continuing education for individuals regulated and
licensed under this section; and
new text end
new text begin
(6) pay expenses deemed necessary in the performance of board duties, including
rent, utilities, and supplies.
new text end
new text begin
(b) Complaints filed under this section may originate with high pressure piping
inspectors, contractors, or their employees, or other persons engaged in the design,
installation, and alteration of a high pressure piping system. The board shall make their
findings known to all parties and the commissioner of the Department of Labor and
Industry within the time period specified by the board.
new text end
new text begin Subd. 3. new text end
new text begin Fee and finances. new text end
new text begin
The board shall submit an annual budget to the
commissioner of the Department of Labor and Industry. The commissioner shall collect
fees necessary for the operation and continuance of the board. The commissioner is
responsible for the enforcement of the codes and licensing requirements determined by the
board. The board shall set the fees for licenses and certification under this section and for
all high pressure piping system permits and submit the fee structure to the commissioner
of labor and industry. Funds collected under section 326.50 shall be transferred to the
board quarterly to meet ongoing budgetary needs of the board.
new text end
Sec. 6.
Minnesota Statutes 2006, section 326.48, subdivision 1, is amended to read:
Subdivision 1.
License required; rules; time credit.
No person shall engage in
or work at the business of a contracting pipefitter unless issued an individual contracting
pipefitter license to do so by the Department of Labor and Industrynew text begin under rules prescribed
by the boardnew text end . No license shall be required for repairs on existing installations. No
person shall engage in or work at the business of journeyman pipefitter unless issued an
individual journeyman pipefitter competency license to do so by the Department of Labor
and Industrynew text begin under rules prescribed by the boardnew text end . A person possessing an individual
contracting pipefitter competency license may also work as a journeyman pipefitter.
No person, partnership, firm, or corporation shall install high pressure piping, nor
install high pressure piping in connection with the dealing in and selling of high pressure
pipe material and supplies, unless, at all times, a person possessing a contracting pipefitter
individual competency license or a journeyman pipefitter individual competency license is
responsible for the high pressure pipefitting work conducted by the person, partnership,
firm, or corporation being in conformity with Minnesota Statutes and Minnesota Rules.
The deleted text begin Department of Labor and Industrydeleted text end new text begin boardnew text end shall prescribe rules, not inconsistent
herewith, for the examination and individual competency licensing of contracting
pipefitters and journeyman pipefitters and for issuance of permits by the department and
municipalities for the installation of high pressure piping.
An employee performing the duties of inspector for the Department of Labor and
Industry in regulating pipefitting shall not receive time credit for the inspection duties
when making an application for a license required by this section.
Sec. 7.
Minnesota Statutes 2006, section 326.48, subdivision 2, is amended to read:
Subd. 2.
High pressure pipefitting business license.
Before obtaining a permit
for high pressure piping work, a person, partnership, firm, or corporation must obtain or
utilize a business with a high pressure piping business license.
A person, partnership, firm, or corporation must have at all times as a full-time
employee at least one individual holding an individual contracting pipefitter competency
license. Only full-time employees who hold individual contracting pipefitter licenses
are authorized to obtain high pressure piping permits in the name of the business. The
individual contracting pipefitter competency license holder can be the employee of only
one high pressure piping business at a time.
To retain its business license without reapplication, a person, partnership, firm, or
corporation holding a high pressure piping business license that ceases to employ a person
holding an individual contracting pipefitter competency license shall have 60 days from
the last day of employment of its previous individual contracting pipefitter competency
license holder to employ another license holder. The Department of Labor and Industry
must be notified no later than five days after the last day of employment of the previous
license holder.
No high pressure pipefitting work may be performed during any period when the
high pressure pipefitting business does not have an individual contracting pipefitter
competency license holder on staff. If a license holder is not employed within 60 days,
the pipefitting business license shall lapse.
The deleted text begin Department of Labor and Industrydeleted text end new text begin boardnew text end shall prescribe by rule procedures for
application for and issuance of business licenses and fees.
Sec. 8.
Minnesota Statutes 2006, section 326.50, is amended to read:
326.50 APPLICATION; FEES.
Application for an individual contracting pipefitter competency or an individual
journeyman pipefitter competency license shall be made to the Department of Labor and
Industry, with fees. The applicant shall be licensed only after passing an examinationnew text begin
administerednew text end by the Department of Labor and Industrynew text begin in accordance with rules adopted
by the boardnew text end .
Sec. 9.
Minnesota Statutes 2006, section 326.51, is amended to read:
326.51 DEPARTMENT MAY REVOKE LICENSES.
The deleted text begin departmentdeleted text end new text begin boardnew text end may revoke or suspend, for cause, any license obtained
through error or fraud, or if the licensee is shown to be incompetent, or for a violation
of any of its rules and regulations applicable to high pressure pipefitting work. The
licensee shall have notice, in writing, enumerating the charges, and be entitled to a hearing
on at least ten days' notice, with the right to produce testimony. The hearing shall be
held pursuant to chapter 14. The deleted text begin commissionerdeleted text end new text begin boardnew text end shall issue a final order based on
testimony and the record at hearing. One year from the date of revocation application
may be made for a new license.
Sec. 10.
Minnesota Statutes 2006, section 326.52, is amended to read:
326.52 DEPOSIT OF FEES.
All fees received under sections 326.46 to 326.52 shall be deposited by the
Department of Labor and Industry to the credit of the general fund in the state treasury.
The salaries and per diem of the inspectors and examiners hereinbefore provided, their
expenses, and all incidental expenses of the departmentnew text begin and boardnew text end in carrying out the
provisions of sections 326.46 to 326.52 shall be paid from the appropriations made to the
Department of Labor and Industry. The deleted text begin commissionerdeleted text end new text begin boardnew text end by rule shall set the amount
of the fees at a level that approximates, to the greatest extent possible, the salaries, per
diem, and incidental expenses of the department.
Sec. 11. new text begin TRANSFER OF AUTHORITY.
new text end
new text begin
The authority of the commissioner of labor and industry to adopt rules relating to
high pressure piping systems is transferred to the Board of High Pressure Piping Systems.
Licenses and permits currently in effect remain in effect according to their terms unless
affected by board action. Rules adopted by the commissioner of labor and industry remain
in effect until amended or repealed by the board.
new text end