1.1 	A bill for an act
1.2 	relating to boiler operations; making changes to licensing procedures; authorizing 
1.3 	rulemaking;amending Minnesota Statutes 2006, section 183.545, subdivision 4; 
1.4 	Minnesota Statutes 2007 Supplement, sections 183.501; 183.51.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2007 Supplement, section 183.501, is amended to read:
1.7 	183.501 LICENSE REQUIREMENT.
1.8 	(a) ~~No individual shall be entrusted with the operation of or~~Except as provided in 
1.9 	paragraph (d), to operate ~~any~~a boiler, steam engine, or turbine ~~who has not~~an individual 
1.10 	must have received a license ~~of~~ for the grade covering that boiler, steam engine or turbine. 
1.11 	The license ~~shall~~must be renewed annually, except as provided in section 183.411 and 
1.12 	except for provisional licenses described in paragraph (d). 
1.13 	(b) For purposes of this chapter, "operation" ~~shall~~does not include monitoring of 
1.14 	an automatic boiler, either through on premises inspection of the boiler or by remote 
1.15 	electronic surveillance, provided that no operations are performed upon the boiler other 
1.16 	than emergency shut down in alarm situations.
1.17 	(c) No individual under the influence of illegal drugs or alcohol ~~shall be entrusted~~ 
1.18 	~~with the operation of or shall~~may operate ~~any~~a boiler, steam engine, or turbine~~,~~ or ~~shall~~ 
1.19 	~~be entrusted with the monitoring of or shall~~ monitor an automatic boiler.
1.20 	(d) The commissioner may issue a provisional license to allow an employee of a 
1.21 	boiler plant to operate boilers greater than 500 horsepower at only that boiler plant if:
1.22 	(1) the boiler plant employee submits an application to the commissioner on a form 
1.23 	prescribed by the commissioner to elicit information on whether the requirements of this 
1.24 	paragraph have been met;
2.1 	(2) the boiler plant employee holds a valid license as a second-class engineer, 
2.2 	Grade A or B;
2.3 	(3) the boiler plant has a designated chief engineer in accordance with Minnesota 
2.4 	Rules, part 5225.0410;
2.5 	(4) the boiler plant employee applying for the provisional license, the chief engineer 
2.6 	in charge of the boiler plant, and an authorized representative of the owner of the boiler 
2.7 	plant all sign the application for the provisional license;
2.8 	(5) the owner of the boiler plant has a documented training program with examination 
2.9 	for boilers and equipment at the boiler plant to train and test the boiler plant employee; and
2.10 	(6) if the application were to be granted, the total number of provisional licenses 
2.11 	for employees of the boiler plant would not exceed the total number of properly licensed 
2.12 	first-class engineers and chief engineers responsible for the safe operation of the boilers 
2.13 	at the boiler plant.
2.14 	(e) Each provisional license expires 36 months after the date of issuance unless 
2.15 	revoked less than 36 months after the date of issuance. A provisional license may not be 
2.16 	renewed.

2.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.18 	Sec. 2. Minnesota Statutes 2007 Supplement, section 183.51, is amended to read:
2.19 	183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
2.20 		Subdivision 1.Engineers, classes. Engineers shall be divided into four classes:
2.21 	(1) Chief engineers; Grade A, Grade B, and Grade C.
2.22 	(2) First class engineers; Grade A, Grade B, and Grade C.
2.23 	(3) Second class engineers; Grade A, Grade B, and Grade C.
2.24 	(4) Special engineers.
2.25 		Subd. 2.Applications. Any individual who desires an engineer's license shall 
2.26 	submit an application on a written or electronic form prescribed by the commissioner, at 
2.27 	least 15 days before the requested exam date. ~~The application permits~~ If the commissioner 
2.28 	approves the applicant for examination, the applicant ~~to~~ may take the examination on one 
2.29 	occasion within one year from the date the commissioner receives the application.
2.30 		Subd. 2a.Examinations. Each applicant for a license must pass an examination 
2.31 	developed and administered by the commissioner. The examinations shall be of sufficient 
2.32 	scope to establish the competency of the applicant to operate a boiler of the applicable 
2.33 	license class and grade.
3.1 		Subd. 2b.Continuing education. The commissioner may require continuing 
3.2 	education prior to the renewal of any license. Before requiring continuing education, the 
3.3 	commissioner shall adopt rules that specify the continuing education requirements.
3.4 		Subd. 3.High and low pressure boilers. For the purposes of this section and 
3.5 	section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor 
3.6 	pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure 
3.7 	exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 
3.8 	Low pressure boilers shall mean boilers operating at a steam or other vapor pressure 
3.9 	of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 
3.10 	160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
3.11 		Subd. 4.Chief engineer, Grade A.  An individual seeking licensure as a chief 
3.12 	engineer, Grade A, shall be at least 18 years of age and have experience which verifies that 
3.13 	the individual is competent to take charge of and be responsible for the safe operation and 
3.14 	maintenance of all classes of boilers, steam engines, and turbines and their appurtenances; 
3.15 	and, before receiving a license, the applicant shall take and subscribe an oath attesting 
3.16 	to at least five years actual experience in operating such boilers except as provided 
3.17 	in subdivision 16, including at least two years experience in operating such engines or 
3.18 	turbines except as provided in subdivision 16.
3.19 		Subd. 5.Chief engineer, Grade B.  An individual seeking licensure as a chief 
3.20 	engineer, Grade B, shall be at least 18 years of age and have habits and experience which 
3.21 	justify the belief that the individual is competent to take charge of and be responsible for 
3.22 	the safe operation and maintenance of all classes of boilers and their appurtenances; and, 
3.23 	before receiving a license, the applicant shall take and subscribe an oath attesting to at least 
3.24 	five years actual experience in operating those boilers except as provided in subdivision 16.
3.25 		Subd. 6.Chief engineer, Grade C.  An individual seeking licensure as a chief 
3.26 	engineer, Grade C, shall be at least 18 years of age and have habits and experience which 
3.27 	justify the belief that the individual is competent to take charge of and be responsible 
3.28 	for the safe operation and maintenance of all classes of low pressure boilers and their 
3.29 	appurtenances, and before receiving a license, the applicant shall take and subscribe an 
3.30 	oath attesting to at least five years of actual experience in operating such boilers except as 
3.31 	provided in subdivision 16.
3.32 		Subd. 7.First-class engineer, Grade A.  An individual seeking licensure as a 
3.33 	first-class engineer, Grade A, shall be at least 18 years of age and have experience which 
3.34 	verifies that the individual is competent to take charge of and be responsible for the 
3.35 	safe operation and maintenance of all classes of boilers, engines, and turbines and their 
3.36 	appurtenances of not more than ~~300~~ 500 horsepower or to operate as a shift engineer in a 
4.1 	plant of unlimited horsepower. Before receiving a license, the applicant shall take and 
4.2 	subscribe an oath attesting to at least three years actual experience in operating such 
4.3 	boilers, including at least two years experience in operating such engines or turbines
4.4 	except as provided in subdivision 16.
4.5 		Subd. 8.First-class engineer, Grade B.  An individual seeking licensure as 
4.6 	a first-class engineer, Grade B, shall be at least 18 years of age and have habits and 
4.7 	experience which justify the belief that the individual is competent to take charge of and 
4.8 	be responsible for the safe operation and maintenance of all classes of boilers of not 
4.9 	more than ~~300~~ 500 horsepower or to operate as a shift engineer in a plant of unlimited 
4.10 	horsepower. Before receiving a license the applicant shall take and subscribe an oath 
4.11 	attesting to at least three years actual experience in operating such boilers except as 
4.12 	provided in subdivision 16.
4.13 		Subd. 9.First-class engineer, Grade C.  An individual seeking licensure as 
4.14 	a first-class engineer, Grade C, shall be at least 18 years of age and have habits and 
4.15 	experience which justify the belief that the individual is competent to take charge of and 
4.16 	be responsible for the safe operation and maintenance of all classes of low pressure boilers 
4.17 	and their appurtenances of not more than ~~300~~ 500 horsepower or to operate as a shift 
4.18 	engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the 
4.19 	applicant shall take and subscribe an oath attesting to at least three years actual experience 
4.20 	in operating such boilers except as provided in subdivision 16.
4.21 		Subd. 10.Second-class engineer, Grade A.  An individual seeking licensure as a 
4.22 	second-class engineer, Grade A, shall be at least 18 years of age and have experience 
4.23 	which verifies that the individual is competent to take charge of and be responsible for the 
4.24 	safe operation and maintenance of all classes of boilers, engines, and turbines and their 
4.25 	appurtenances of not more than 100 horsepower or to operate as a shift engineer in a 
4.26 	plant of not more than ~~300~~ 500 horsepower, or to assist the shift engineer, under direct 
4.27 	supervision, in a plant of unlimited horsepower. Before receiving a license the applicant 
4.28 	shall take and subscribe an oath attesting to at least one year of actual experience in 
4.29 	operating such boilers, including at least one year of experience in operating such engines 
4.30 	or turbines except as provided in subdivision 16.
4.31 		Subd. 11.Second-class engineer, Grade B.  An individual seeking licensure as a 
4.32 	second-class engineer, Grade B, shall be at least 18 years of age and have habits and 
4.33 	experience which justify the belief that the individual is competent to take charge of and 
4.34 	be responsible for the safe operation and maintenance of all classes of boilers of not 
4.35 	more than 100 horsepower or to operate as a shift engineer in a plant of not more than 
4.36 	~~300~~ 500 horsepower or to assist the shift engineer, under direct supervision, in a plant of 
5.1 	unlimited horsepower. Before receiving a license the applicant shall take and subscribe an 
5.2 	oath attesting to at least one year of actual experience in operating such boilers except as 
5.3 	provided in subdivision 16.
5.4 		Subd. 12.Second-class engineer, Grade C.  An individual seeking licensure as a 
5.5 	second-class engineer, Grade C, shall be at least 18 years of age and have habits and 
5.6 	experience which justify the belief that the individual is competent to take charge of 
5.7 	and be responsible for the safe operation and maintenance of all classes of low pressure 
5.8 	boilers and their appurtenances of not more than 100 horsepower or to operate as a shift 
5.9 	engineer in a low pressure plant of not more than ~~300~~ 500 horsepower, or to assist the shift 
5.10 	engineer, under direct supervision, in a low pressure plant of unlimited horsepower. Before 
5.11 	receiving a license, the applicant shall take and subscribe an oath attesting to at least one 
5.12 	year of actual experience in operating such boilers except as provided in subdivision 16.
5.13 		Subd. 13.Special engineer.  An individual seeking licensure as a special engineer 
5.14 	shall be at least ~~18~~ 16 years of age and have habits and experience which justify the 
5.15 	belief that the individual is competent to take charge of and be responsible for the safe 
5.16 	operation and maintenance of all classes of boilers and their appurtenances of not more 
5.17 	than ~~30~~ 50 horsepower or to operate as a shift engineer in a plant of not more than 100 
5.18 	horsepower, or to serve as an apprentice in any plant under the direct supervision of 
5.19 	the properly licensed engineer.
5.20 		Subd. 14.Current boiler operators. Any individual operating a boiler other 
5.21 	than a steam boiler on or before April 15, 1982, shall be qualified for application for 
5.22 	the applicable class license upon presentation of an affidavit furnished by an inspector 
5.23 	and sworn to by the individual's employer or a chief engineer. Except as provided in 
5.24 	subdivision 16, the applicant must have at least the number of years of actual experience 
5.25 	specified for the class of license requested and pass the appropriate examination.
5.26 		Subd. 15.Rating horsepower. For the purpose of rating boiler horsepower for 
5.27 	engineer license classifications only: ten square feet of heating surface shall be considered 
5.28 	equivalent to one boiler horsepower for conventional boilers and five square feet of 
5.29 	heating surface equivalent to one boiler horsepower for steam coil type generators.
5.30 		Subd. 16.Educational offset. Notwithstanding the experience requirements in 
5.31 	subdivisions 4 to 14, the commissioner may by rule establish educational equivalencies 
5.32 	that an applicant may meet instead of all or any portion of the specified operating 
5.33 	experience.

5.34 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.35 	Sec. 3. Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:
6.1 		Subd. 4.Boiler engineer license fees. For the following licenses, the nonrefundable 
6.2 	license and application fee is:
6.3 	(1) chief engineer's license, $50;
6.4 	(2) first class engineer's license, $50;
6.5 	(3) second class engineer's license, $50;
6.6 	(4) special engineer's license, $20; ~~and~~
6.7 	(5) traction or hobby boiler engineer's license, $50; and
6.8 	(6) provisional license, $50.
6.9 	An engineer's license, except a provisional license, may be renewed upon application 
6.10 	and payment of an annual renewal fee of $20. The annual renewal, if paid later than 30 
6.11 	days after expiration, is $35. The fee for replacement of a current, valid license is $20.

6.12 	EFFECTIVE DATE. This section is effective the day following final enactment.