Minnesota Administrative Rules

3300.1000 DEFINITIONS.

Subpart 1.

Scope.

As used in parts 3300.0800 to 3300.1900 the following terms have the meanings given them.

Subp. 2.

Agency.

"Agency" means an organization that receives funds under parts 3300.0800 to 3300.1900 to operate a weatherization program.

Subp. 3.

Assistant commissioner.

"Assistant commissioner" means the assistant commissioner of the Division of Training and Community Services of the Department of Employment and Economic Development.

Subp. 4.

Community action agency.

"Community action agency" means a private corporation or public agency as defined in Minnesota Statutes, section 256E.31, subdivision 1.

Subp. 5.

Commissioner.

"Commissioner" means the commissioner of the Department of Employment and Economic Development.

Subp. 6.

Conditioned space.

"Conditioned space" means an area inside the building envelope where the air temperature can be altered by a heating or cooling device.

Subp. 7.

Cosmetic items.

"Cosmetic items" means items that only enhance the aesthetic appearance of the property. Some examples of "cosmetic items" are finishes, decorative fenestration, and elevation materials such as aluminum siding, board and batten, clapboard, brick, stone, shakes, and asphalt siding.

Subp. 8.

Cost of employment.

"Cost of employment" means compensation for services as defined in Office of Management and Budget Circular A-87, Attachment B, A.10, A.13, and A.14, as cited in part 3300.0900, item D.

Subp. 9.

Department.

"Department" means the Department of Employment and Economic Development.

Subp. 10.

Dwelling unit.

"Dwelling unit" means a house or household. It includes stationary mobile homes, homes, apartments, and groups of rooms or single rooms occupied as separate living quarters.

Subp. 11.

Elderly person.

"Elderly person" means a person who is 60 years of age or older.

Subp. 12.

Eligible dwelling unit.

"Eligible dwelling unit" means a dwelling unit that is occupied by a low-income family unit.

Subp. 13.

Family unit.

"Family unit" means all persons living together in a dwelling unit.

Subp. 14.

Grantee.

"Grantee" means an organization that receives funds under this rule to operate a weatherization program.

Subp. 15.

Grantor.

"Grantor" means the Division of Training and Community Services, Department of Employment and Economic Development, state of Minnesota.

Subp. 16.

[Renumbered subp 25a]

Subp. 17.

Heating degree days.

"Heating degree days" means the difference in temperature, in degrees Fahrenheit between the mean temperature for the day and 65 degrees Fahrenheit on any day when the mean temperature is less than 65 degrees Fahrenheit. Data for this factor is from Monthly Normals of Temperature, Precipitation and Heating and Cooling Degree Days, 1941 to 1970, issued by the National Oceanic and Atmospheric Administration (United States Department of Commerce, 1973).

Subp. 18.

Heating or cooling source.

"Heating or cooling source" means a device that can raise or lower temperatures in a dwelling unit as part of the permanent heating, ventilating, and air conditioning system installed in the dwelling unit. It includes furnaces, heat pumps, stoves, boilers, heaters, fireplaces, air conditioners, fans, and solar devices.

Subp. 19.

Independent contractor.

"Independent contractor" means an entity that furnishes materials or provides labor or both in the weatherization of buildings of low-income persons.

Subp. 20.

Indian tribe.

Indian tribe" means any tribe, band, nation, or other organized group or community of Native Americans, including any Alaska native village, or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act, United States Code, title 43, sections 1601 to 1628 (1977 and Supplement III 1980), which:

A.

is recognized as eligible for special programs and services provided by the United States to Native Americans because of its status as Native American; or

B.

is located on or near a federal or state reservation or rancheria.

Subp. 21.

Low-income.

"Low-income" means having a total household income in relation to family size which:

A.

is at or below 125 percent of the poverty level determined in accordance with criteria established by the Director of the Federal Office of Management and Budget in Code of Federal Regulations, title 45, section 1060 (1981); or

B.

is the basis for which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act, Statutes at Large, volume 49, page 620, chapter 531 (1935), codified in scattered sections of United States Code, volume 42.

Subp. 22.

Mechanical equipment.

"Mechanical equipment" means control devices or apparatus that is primarily designed to improve the heating or cooling efficiency of a dwelling unit and that will be permanently affixed to an existing heating or cooling source. It includes a flue damper, clock setback thermostat, filter, and replacement limit switches.

Subp. 23.

Multifamily dwelling unit.

"Multifamily dwelling unit" means a dwelling unit that is located in a structure containing more than one dwelling unit.

Subp. 24.

Number of low-income, owner-occupied dwelling units in the county.

"Number of low-income, owner-occupied dwelling units in the county" means the number of those dwelling units in a county as determined by the department.

Subp. 25.

Number of low-income, renter-occupied dwelling units in the county.

"Number of low-income, renter-occupied dwelling units in the county" means the number of those dwelling units in a county as determined by the department.

Subp. 25a.

Person with a disability.

"Person with a disability" means a person who, in the opinion of a qualified medical person, is permanently physically or mentally disabled. "Qualified medical person" means a qualified physician or chiropractor authorized to practice in the state of Minnesota.

Subp. 26.

Repair material.

"Repair material" means an item necessary for the effective performance or preservation of weatherization materials. "Repair material" includes lumber used to frame or repair windows and doors that could not otherwise be caulked or weather-stripped, and protective materials, such as paint, used to seal materials installed under this program. "Repair material" also includes furnace efficiency modifications limited to:

A.

replacement burners;

B.

devices for modifying fuel openings, including one-time replacement of furnace filters; and

C.

electrical or mechanical furnace ignition systems that replace standing gas pilot lights.

Subp. 27.

Regional clearinghouse.

"Regional clearinghouse" means the local regional development commission that has the authority under title IV of the Intergovernmental Cooperation Act of 1968, United States Code, volume 42, sections 4231 to 4233 (1977), to review and comment with respect to projects funded by the federal and state governments.

Subp. 28.

Rental dwelling unit.

"Rental dwelling unit" means a dwelling unit occupied by a person who pays periodic sums of money to occupy the dwelling unit.

Subp. 29.

Separate living quarters.

"Separate living quarters" means those in which the occupants do not regularly live and eat with any other persons in the structure and which have either direct access from the outside of the building or through a common hall, or complete kitchen facilities for the exclusive use of the occupants. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements.

Subp. 30.

Single-family dwelling unit.

"Single-family dwelling unit" means a structure containing no more than one dwelling unit.

Subp. 31.

State.

"State" means the state of Minnesota.

Subp. 32.

Weatherization crew.

"Weatherization crew" means a group of weatherization laborers with a weatherization supervisor.

Subp. 33.

Weatherization laborer.

"Weatherization laborer" means a person who performs weatherization and repair activities necessary to complete work on eligible dwelling units. The work may include auditing, inspecting, delivery, and physical warehousing of weatherization materials and equipment.

Subp. 34.

Weatherization project.

"Weatherization project" means a project conducted in a single geographical area which undertakes to weatherize dwelling units that are thermally inefficient.

Subp. 35.

Weatherization supervisor.

"Weatherization supervisor" means a person who inspects weatherization and repair activities and who is responsible for crew laborers' conduct, performance, and evaluation.

Subp. 36.

Weatherization materials.

"Weatherization materials" means materials used to weatherize homes as defined in Code of Federal Regulations, title 10, sections 456.101 to 456.914 (1980) amended by Federal Register, volume 45, pages 63449, 63453, 63793 (1980).

Statutory Authority:

MS s 268.37

History:

L 1985 1Sp14 art 9 s 75; 17 SR 1279; L 1994 c 483 s 1; L 1998 c 397 art 11 s 3; L 2005 c 56 s 2; L 2005 c 98 art 1 s 24; L 2005 c 112 art 2 s 41

Published Electronically:

October 8, 2007