1.1 	A bill for an act
1.2 	relating to state government; repealing references in
1.3 	the State Building Code to the International
1.4 	Mechanical Code and replacing them with references to
1.5 	the 1991 Uniform Mechanical Code with Minnesota
1.6 	amendments; establishing the Board of Mechanical
1.7 	Systems; transferring certain powers and duties from
1.8 	the commissioner of administration to the Board of
1.9 	Mechanical Systems; authorizing rulemaking;
1.10 	appropriating money; amending Minnesota Statutes 2004,
1.11 	sections 16B.61, subdivision 1; 16B.70, subdivisions
1.12 	2, 3; proposing coding for new law in Minnesota
1.13 	Statutes, chapter 16B; repealing Minnesota Rules,
1.14 	parts 1346.0050; 1346.0060; 1346.0101; 1346.0102;
1.15 	1346.0103; 1346.0104; 1346.0105; 1346.0106; 1346.0107;
1.16 	1346.0108; 1346.0109; 1346.0110; 1346.0201; 1346.0202;
1.17 	1346.0301; 1346.0306; 1346.0309; 1346.0401; 1346.0403;
1.18 	1346.0404; 1346.0501; 1346.0505; 1346.0506; 1346.0507;
1.19 	1346.0508; 1346.0510; 1346.0603; 1346.0604; 1346.0701;
1.20 	1346.0703; 1346.0709; 1346.0801; 1346.0803; 1346.0901;
1.21 	1346.1001; 1346.1003; 1346.1004; 1346.1006; 1346.1007;
1.22 	1346.1011; 1346.1204; 1346.1601; 1346.1602; 1346.1603;
1.23 	1346.1604; 1346.1605; 1346.1606; 1346.5050; 1346.5201;
1.24 	1346.5202; 1346.5301; 1346.5303; 1346.5304; 1346.5306;
1.25 	1346.5401; 1346.5402; 1346.5403; 1346.5404; 1346.5406;
1.26 	1346.5407; 1346.5408; 1346.5409; 1346.5410; 1346.5501;
1.27 	1346.5503; 1346.5504; 1346.5602; 1346.5620; 1346.5629;
1.28 	1346.5630; 1346.5801; 1346.5802; 1346.5803; 1346.5804;
1.29 	1346.5805; 1346.5806; 1346.5807; 1346.5900.
1.30 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.31 	Section 1. Minnesota Statutes 2004, section 16B.61,
1.32 	subdivision 1, is amended to read:
1.33 		Subdivision 1.Adoption of code.  Subject to sections
1.34 	16B.59 to 16B.75 16B.77, the commissioner shall by rule
1.35 	establish a code of standards for the construction,
1.36 	reconstruction, alteration, and repair of buildings, governing
1.37 	matters of structural materials, design and construction, fire
2.1 	protection, health, sanitation, and safety, including design and
2.2 	construction standards regarding heat loss control,
2.3 	illumination, and climate control.  The code must also include
2.4 	duties and responsibilities for code administration, including
2.5 	procedures for administrative action, penalties, and suspension
2.6 	and revocation of certification.  The code must conform insofar
2.7 	as practicable to model building codes generally accepted and in
2.8 	use throughout the United States, including a code for building
2.9 	conservation.  In the preparation of the code, consideration
2.10 	must be given to the existing statewide specialty codes
2.11 	presently in use in the state.  Model codes with necessary
2.12 	modifications and statewide specialty codes may be adopted by
2.13 	reference.  The code must be based on the application of
2.14 	scientific principles, approved tests, and professional
2.15 	judgment.  To the extent possible, the code must be adopted in
2.16 	terms of desired results instead of the means of achieving those
2.17 	results, avoiding wherever possible the incorporation of
2.18 	specifications of particular methods or materials.  To that end
2.19 	the code must encourage the use of new methods and new
2.20 	materials.  Except as otherwise provided in sections 16B.59 to
2.21 	16B.75 16B.77, the commissioner shall administer and enforce the
2.22 	provisions of those sections.
2.23 	The commissioner shall develop rules addressing the plan
2.24 	review fee assessed to similar buildings without significant
2.25 	modifications including provisions for use of building systems
2.26 	as specified in the industrial/modular program specified in
2.27 	section 16B.75.  Additional plan review fees associated with
2.28 	similar plans must be based on costs commensurate with the
2.29 	direct and indirect costs of the service.

2.30 	Sec. 2. Minnesota Statutes 2004, section 16B.70,
2.31 	subdivision 2, is amended to read:
2.32 		Subd. 2.Collection and reports.  All permit surcharges
2.33 	must be collected by each municipality and a portion of them
2.34 	remitted to the state.  Each municipality having a population
2.35 	greater than 20,000 people shall prepare and submit to the
2.36 	commissioner once a month a report of fees and surcharges on
3.1 	fees collected during the previous month but shall retain the
3.2 	greater of two percent or that amount collected up to $25 to
3.3 	apply against the administrative expenses the municipality
3.4 	incurs in collecting the surcharges.  All other municipalities
3.5 	shall submit the report and surcharges on fees once a quarter
3.6 	but shall retain the greater of four percent or that amount
3.7 	collected up to $25 to apply against the administrative expenses
3.8 	the municipalities incur in collecting the surcharges.  The
3.9 	report, which must be in a form prescribed by the commissioner,
3.10 	must be submitted together with a remittance covering the
3.11 	surcharges collected by the 15th day following the month or
3.12 	quarter in which the surcharges are collected.  All money
3.13 	collected by the commissioner under subdivision 1 for mechanical
3.14 	systems permits is appropriated to the Board of Mechanical
3.15 	Systems for the purposes of section 16B.77.  $....... of the 
3.16 	money collected by the commissioner through surcharges and other
3.17 	fees prescribed by sections 16B.59 to 16B.75 16B.77 shall be
3.18 	deposited in the state government special revenue fund and is
3.19 	appropriated to the Board of Mechanical Systems for the purposes
3.20 	of section 16B.77.  The remainder is appropriated to the 
3.21 	commissioner for the purpose of administering and enforcing
3.22 	the remaining portions of the State Building Code under sections
3.23 	16B.59 to 16B.75 16B.77.

3.24 	Sec. 3. Minnesota Statutes 2004, section 16B.70,
3.25 	subdivision 3, is amended to read:
3.26 		Subd. 3.Revenue to equal costs.  Revenue received from
3.27 	the surcharge imposed in subdivision 1 should approximately
3.28 	equal the cost, including the overhead cost, of administering
3.29 	sections 16B.59 to 16B.75 16B.77.  By November 30 each year, the
3.30 	commissioner must report to the commissioner of finance and to
3.31 	the legislature on changes in the surcharge imposed in
3.32 	subdivision 1 needed to comply with this policy.  In making this
3.33 	report, the commissioner must assume that the services
3.34 	associated with administering sections 16B.59 to 16B.75 16B.77 
3.35 	will continue to be provided at the same level provided during
3.36 	the fiscal year in which the report is made.

4.1 	Sec. 4. [16B.77] BOARD OF MECHANICAL SYSTEMS.
4.2 		Subdivision 1.Membership. (a) The Board of Mechanical
4.3 	Systems consists of the following members appointed by the
4.4 	governor as provided under section 15.0575:
4.5 	(1) two journeymen and two contractors in the fuel systems
4.6 	discipline;
4.7 	(2) two journeymen and two contractors in the sheet metal
4.8 	and ventilation systems discipline;
4.9 	(3) two journeymen and two contractors in the refrigeration
4.10 	systems discipline;
4.11 	(4) two journeymen, two contractors, and two
4.12 	representatives of utilities in the piping systems discipline;
4.13 	(5) two journeymen and two contractors in the medical and
4.14 	nonmedical gas systems discipline;
4.15 	(6) one mechanical engineer; and 
4.16 	(7) two members of the public, as defined in section 214.02.
4.17 	(b) For purposes of this section, "journeyman" means a
4.18 	person with at least five years of verifiable experience in the
4.19 	relevant discipline, and "contractor" means a person with at
4.20 	least five years of experience operating a business that is
4.21 	primarily engaged in the discipline who remains active in the
4.22 	discipline during their term on the board.
4.23 	(c) The board must adopt a new mechanical code no later
4.24 	than four months after convening.
4.25 	(d) Section 15.0575, subdivision 3, does not apply to the
4.26 	board.
4.27 		Subd. 2.Organization and meetings. (a) The board must
4.28 	meet at least once in each quarter of the calendar year.
4.29 	(b) The board must establish subcommittees in each of the
4.30 	disciplines listed in subdivision 1.  No member who is a
4.31 	contractor or journeyman may serve on more than one
4.32 	subcommittee, and the engineer appointed under subdivision 1,
4.33 	clause (6), must serve on all of the subcommittees.  Each
4.34 	subcommittee must elect a chairperson.  The subcommittee must
4.35 	meet at the call of the chairperson.
4.36 		Subd. 3.Powers of the board; mechanical code. The board
5.1 	has the powers of the commissioner under sections 16B.59 to
5.2 	16B.77 regarding all mechanical code issues, including, but not
5.3 	limited to, rulemaking, interpretation, administration, and
5.4 	enforcement, including appeals from local units of government.
5.5 	No appeal from a decision of the board may be made to the
5.6 	commissioner.
5.7 		Subd. 4.Support. The board may use the funds
5.8 	appropriated to it to hire the staff necessary to conduct its
5.9 	functions.

5.10 	Sec. 5. RULEMAKING REQUIRED.
 5.11 	By November 1, 2005, the commissioner of administration
5.12 	shall amend Minnesota Rules, chapter 1346, by incorporating
5.13 	references to the 1991 Uniform Mechanical Code, as adopted by
5.14 	Minnesota Rules, chapter 1346, in effect on July 1, 2003.  The
5.15 	rules are effective five working days after publication of the
5.16 	notice of adoption in the State Register.

5.17 	Sec. 6. REPEALER.
 5.18 	Minnesota Rules, parts 1346.0050; 1346.0060; 1346.0101;
5.19 	1346.0102; 1346.0103; 1346.0104; 1346.0105; 1346.0106;
5.20 	1346.0107; 1346.0108; 1346.0109; 1346.0110; 1346.0201;
5.21 	1346.0202; 1346.0301; 1346.0306; 1346.0309; 1346.0401;
5.22 	1346.0403; 1346.0404; 1346.0501; 1346.0505; 1346.0506;
5.23 	1346.0507; 1346.0508; 1346.0510; 1346.0603; 1346.0604;
5.24 	1346.0701; 1346.0703; 1346.0709; 1346.0801; 1346.0803;
5.25 	1346.0901; 1346.1001; 1346.1003; 1346.1004; 1346.1006;
5.26 	1346.1007; 1346.1011; 1346.1204; 1346.1601; 1346.1602;
5.27 	1346.1603; 1346.1604; 1346.1605; 1346.1606; 1346.5050;
5.28 	1346.5201; 1346.5202; 1346.5301; 1346.5303; 1346.5304;
5.29 	1346.5306; 1346.5401; 1346.5402; 1346.5403; 1346.5404;
5.30 	1346.5406; 1346.5407; 1346.5408; 1346.5409; 1346.5410;
5.31 	1346.5501; 1346.5503; 1346.5504; 1346.5602; 1346.5620;
5.32 	1346.5629; 1346.5630; 1346.5801; 1346.5802; 1346.5803;
5.33 	1346.5804; 1346.5805; 1346.5806; 1346.5807; and 1346.5900, are
5.34 	repealed.

5.35 	EFFECTIVE DATE. This section is effective November 1,
5.36 	2005, or five working days after the publication of the notice
6.1 	of adoption of rules adopted under section 5, whichever is
6.2 	earlier.