1.1 	A bill for an act
1.2 	relating to building officials; requiring adoption and
1.3 	application of certain competency and certification
1.4 	criteria; providing for continuing education; amending
1.5 	Minnesota Statutes 2004, section 16B.65, subdivisions
1.6 	3, 7; proposing coding for new law in Minnesota
1.7 	Statutes, chapter 16B.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [16B.655] CONSTRUCTION CODE INSPECTORS.
1.10 		Subdivision 1.Competency criteria. (a) The commissioner
1.11 	must adopt rules establishing a schedule of required competency
1.12 	criteria for individuals serving as construction code
1.13 	inspectors.  Competency criteria must include certifications
1.14 	developed or administered by any nationally recognized testing
1.15 	agency.  Required competency criteria must be relevant to the
1.16 	building, mechanical, and plumbing codes adopted in Minnesota.
1.17 	(b) For purposes of this section, "construction code
1.18 	inspectors" means building inspectors, mechanical inspectors,
1.19 	plumbing inspectors, combination inspectors, and plan examiners
1.20 	under the direction of a designated certified building official.
1.21 		Subd. 2.Requirement. All construction code inspectors
1.22 	who are newly employed on or after July 1, 2007, must, within
1.23 	one year of hire, comply with the competency criteria
1.24 	established under subdivision 1.

1.25 	Sec. 2. Minnesota Statutes 2004, section 16B.65,
1.26 	subdivision 3, is amended to read:
2.1 		Subd. 3.Certification.  The commissioner shall adopt
2.2 	rules to establish certification criteria as proof of
2.3 	qualification under subdivision 2.  The commissioner may:
2.4 	(1) prepare and conduct written and practical examinations
2.5 	to determine if a person is qualified pursuant to subdivision 2
2.6 	to be a building official;
2.7 	(2) accept documentation of successful completion of
2.8 	testing programs developed or administered by nationally
2.9 	recognized testing agencies, as proof of qualification pursuant
2.10 	to subdivision 2; or
2.11 	(3) determine qualifications by both clauses (1) and 
2.12 	clause (2) and satisfactory completion of a mandatory training
2.13 	program established by the commissioner.
2.14 	Upon a determination of qualification under clause (1),
2.15 	(2), or both of them (3), the commissioner shall issue a
2.16 	certificate to the building official stating that the official
2.17 	is certified.  Each person applying for examination and or 
2.18 	certification pursuant to this section shall pay a nonrefundable
2.19 	fee of $70.  The commissioner or a designee may establish
2.20 	categories of certification that will recognize the varying
2.21 	complexities of code enforcement in the municipalities within
2.22 	the state.  The commissioner shall provide educational programs
2.23 	designed to train and assist building officials in carrying out
2.24 	their responsibilities.
2.25 	The Department of Employee Relations may, at the request of
2.26 	the commissioner, provide statewide testing services.

2.27 	Sec. 3. Minnesota Statutes 2004, section 16B.65,
2.28 	subdivision 7, is amended to read:
2.29 		Subd. 7.Continuing education.  Subject to sections
2.30 	16B.59 to 16B.75, the commissioner may by rule establish or
2.31 	approve continuing education programs for municipal building
2.32 	officials and construction code inspectors dealing with matters
2.33 	of building code administration, inspection, and enforcement.
2.34 	Each person certified as a building official for the state
2.35 	must satisfactorily complete applicable educational programs
2.36 	established or approved by the commissioner every three calendar
3.1 	years to retain certification.
3.2 	Each person certified as a building official must submit in
3.3 	writing to the commissioner an application for renewal of
3.4 	certification within 60 days of the last day of the third
3.5 	calendar year following the last certificate issued.  Each
3.6 	application for renewal must be accompanied by proof of
3.7 	satisfactory completion of minimum continuing education
3.8 	requirements and the certification renewal fee established by
3.9 	the commissioner.