1.1 	A bill for an act
1.2 	relating to state government; changing provisions for construction codes and 
1.3 	licensing provisions; providing penalties and enforcement; instructing the 
1.4 	revisor to renumber certain statutory sections; appropriating money; amending 
1.5 	Minnesota Statutes 2006, sections 16B.04, subdivision 2; 16B.60, subdivisions 
1.6 	4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 
1.7 	16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1, 2, by 
1.8 	adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 16B.747; 
1.9 	16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, subdivision 
1.10 	1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 178.041, 
1.11 	subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 183.42; 
1.12 	183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 183.54, 
1.13 	subdivisions 1, 3; 183.545, subdivisions 2, 4, 8, by adding a subdivision; 183.56; 
1.14 	183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 
1.15 	299F.011, subdivision 1; 299M.02; 299M.04; 325E.58; 326.01, subdivisions 
1.16 	2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, 9, by adding subdivisions; 
1.17 	326.241, subdivision 2; 326.242; 326.243; 326.244, subdivisions 1, 1a, 5, 6, 
1.18 	by adding a subdivision; 326.2441; 326.37; 326.38; 326.39; 326.40; 326.401; 
1.19 	326.405; 326.41; 326.42; 326.46; 326.461, by adding subdivisions; 326.47; 
1.20 	326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 326.60; 326.601; 326.61, 
1.21 	subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 
1.22 	326.84; 326.841; 326.842; 326.86; 326.87; 326.88; 326.89; 326.90, subdivision 
1.23 	1; 326.91, subdivision 1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 
1.24 	2; 326.96; 326.97; 326.975, subdivision 1; 326.992; 327.20, subdivision 1; 
1.25 	327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32, 
1.26 	subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, 
1.27 	subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7, 
1.28 	17, by adding subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a 
1.29 	subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, 
1.30 	subdivision 6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; 
1.31 	proposing coding for new law in Minnesota Statutes, chapters 326; 327B; 
1.32 	proposing coding for new law as Minnesota Statutes, chapter 326B; repealing 
1.33 	Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 
1.34 	183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4; 
1.35 	183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision 
1.36 	9; 183.61, subdivisions 1, 3, 5, 6; 299M.02; 326.01, subdivisions 4, 6h, 10, 
1.37 	11, 12, 13; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 
1.38 	10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4; 326.41; 
1.39 	326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64; 
2.1 	326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4; 
2.2 	326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules, 
2.3 	parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590; 
2.4 	3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 
2.5 	1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 
2.6 	5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.
2.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.8 	ARTICLE 1
2.9 	REVISOR'S INSTRUCTION

2.10 	Section 1. REVISOR'S INSTRUCTION.
 2.11 	(a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall 
2.12 	change the terms "board" and "Board of Electricity" to "commissioner."
2.13 	(b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall 
2.14 	change the terms "commissioner" and "commissioner of health" to the term "commissioner 
2.15 	of labor and industry"; and shall change the terms "department" and "Department of 
2.16 	Health" to "Department of Labor and Industry."
2.17 	(c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, 
2.18 	1346, 1350, 1360, and 7672, the revisor of statutes shall:
2.19 	(1) change the term "commissioner of administration" to "commissioner of labor 
2.20 	and industry";
2.21 	(2) change the term "Department of Administration" to "Department of Labor and 
2.22 	Industry";
2.23 	(3) change the term "Department of Administration's Building Codes and Standards 
2.24 	Division" to "Department of Labor and Industry"; and
2.25 	(4) change the term "director of the Building Codes and Standards Division of the 
2.26 	Department of Administration" to "individual appointed by the commissioner of labor and 
2.27 	industry to administer the code."

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

2.29 	ARTICLE 2
2.30 	CONSTRUCTION CODES AND LICENSING

2.31 	Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to 
2.32 	read:
2.33 		Subdivision 1.State Fire Code rulemaking authority. The commissioner of 
2.34 	public safety through the Division of Fire Marshal may promulgatelabor and industry, 
2.35 	consistent with the recommendations of the state fire marshal, shall adopt a State Fire 
3.1 	Code and make amendments thereto in accordance with the Administrative Procedure Act 
3.2 	in chapter 14. The code and its amendments shall conform insofar as practicable to model 
3.3 	fire codes generally accepted and in use throughout the United States, with consideration 
3.4 	given to existing statewide specialty codes presently in use in the state of Minnesota. 
3.5 	Statewide specialty codes and model codes with necessary modifications may be adopted 
3.6 	by reference in accordance with section 14.07, subdivision 4. 

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

3.8 	Sec. 2. [326B.01] DEFINITIONS.
3.9 		Subdivision 1.Scope. The definitions in this section apply to chapter 326B.
3.10 		Subd. 2.ASME. "ASME" means the American Society of Mechanical Engineers.
3.11 		Subd. 3.Commissioner. "Commissioner" means the commissioner of labor 
3.12 	and industry or a duly designated representative of the commissioner who is either an 
3.13 	employee of the Department of Labor and Industry or a person working under contract 
3.14 	with the department.
3.15 		Subd. 4.Department. "Department" means the Department of Labor and Industry.
3.16 		Subd. 5.Day. "Day" means calendar day unless otherwise provided.
3.17 		Subd. 6.Individual. "Individual" means a human being.
3.18 		Subd. 7.Person. "Person" means any individual, limited liability company, 
3.19 	corporation, partnership, incorporated or unincorporated association, sole proprietorship, 
3.20 	joint stock company, or any other legal or commercial entity.

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

3.22 	Sec. 3. [326B.02] POWERS.
3.23 		Subdivision 1.Transfer of responsibilities. The responsibilities of the 
3.24 	commissioner of administration relating to the state building code, sections 16B.59 to 
3.25 	16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; 
3.26 	manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory 
3.27 	warranties in connection with the sale of dwellings and home improvement work, chapter 
3.28 	327A, are transferred under section 15.039 to the commissioner of labor and industry as 
3.29 	amended and recodified in this chapter. The responsibilities of the commissioner of health 
3.30 	relating to the state plumbing code and licensing, sections 16B.61, 144.99 to 144.993, and 
3.31 	326.37 to 326.45, and water conditioning contractors and installers, sections 326.57 to 
3.32 	326.65, are transferred under section 15.039 to the commissioner of labor and industry 
3.33 	as amended and recodified in this chapter. The responsibilities of the commissioner of 
4.1 	commerce relating to residential contractors, residential remodelers, residential roofers, 
4.2 	manufactured home installers, and the contractor's recovery fund under sections 45.027 to 
4.3 	45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of 
4.4 	labor and industry as amended and recodified in this chapter. The responsibilities of the 
4.5 	Board of Electricity relating to the state electrical code and licensing, sections 16B.61 and 
4.6 	326.241 to 326.248, are transferred under section 15.039 to the commissioner of labor and 
4.7 	industry as amended and recodified in this chapter.
4.8 		Subd. 2.Definition of responsibilities. For purposes of subdivision 1, 
4.9 	responsibilities include powers, duties, rights, obligations, and other authority imposed by 
4.10 	law on the commissioner and the department.
4.11 		Subd. 3.State fire marshal cooperation. The state fire marshal shall work with the 
4.12 	commissioner to improve the delivery of services to the public through the coordination 
4.13 	of services and utilization of technology.
4.14 		Subd. 4.General rulemaking authority. The commissioner may, under the 
4.15 	rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, 
4.16 	amend, suspend, and repeal rules relating to the commissioner's responsibilities under 
4.17 	this chapter.

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

4.19 	Sec. 4. [326B.04] DEPOSIT OF MONEY.
4.20 		Subdivision 1.Construction code fund. There is created in the state treasury 
4.21 	a construction code fund as a special revenue fund for the purpose of administering this 
4.22 	chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those 
4.23 	sections, except penalties, are credited to the construction code fund unless otherwise 
4.24 	specifically designated by law. Any interest or profit accruing from investment of these 
4.25 	sums is credited to the construction code fund. All money collected in the construction 
4.26 	code fund is appropriated to the commissioner to administer and enforce the provisions 
4.27 	of these laws.
4.28 	Unless otherwise provided by law, all penalties assessed under this chapter, section 
4.29 	327.35, and chapter 327B are credited to the assigned risk safety account established 
4.30 	by section 79.253.
4.31 		Subd. 2.Deposits. All remaining balances as of June 30, 2007, in the state 
4.32 	government special revenue fund and special revenue fund accounts maintained for 
4.33 	the Building Codes and Standards Division, Board of Electricity, and plumbing and 
4.34 	engineering unit are transferred to the construction code fund. Unless otherwise 
4.35 	specifically designated by law: (1) all money collected under chapter 183 and sections 
5.1 	16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57 
5.2 	to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, 
5.3 	is credited to the construction code fund; (2) all fees collected under section 45.23 in 
5.4 	connection with continuing education for residential contractors, residential remodelers, 
5.5 	and residential roofers are credited to the construction code fund; and (3) all penalties 
5.6 	assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under 
5.7 	sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45 
5.8 	or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned 
5.9 	risk safety account established by section 79.253.

5.10 	EFFECTIVE DATE. This section is effective July 1, 2007.

5.11 	Sec. 5. [326B.06] BONDS.
5.12 	Bonds issued under this chapter are not state bonds or contracts for purposes of 
5.13 	sections 8.05 and 16C.05, subdivision 2.

5.14 	Sec. 6. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
5.15 	The commissioner shall not be subject to subpoena for purposes of providing expert 
5.16 	testimony or for purposes of providing testimony or documents, as that term is defined in 
5.17 	section 326B.081, subdivision 4, about an investigation or inspection conducted by the 
5.18 	commissioner, except in an enforcement proceeding brought by the commissioner.

5.19 	ARTICLE 3
5.20 	ENFORCEMENT

5.21 	Section 1. [326B.081] DEFINITIONS.
5.22 		Subdivision 1.Application. For purposes of sections 326B.081 to 326B.085, the 
5.23 	terms defined in this section have the meanings given them.
5.24 		Subd. 2.Administrative order. "Administrative order" means an order issued 
5.25 	under section 326B.082, subdivision 7.
5.26 		Subd. 3.Applicable law. "Applicable law" means the provisions of sections 
5.27 	326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders, 
5.28 	stipulation agreements, settlements, compliance agreements, licenses, registrations, 
5.29 	certificates, and permits adopted, issued, or enforced by the department under sections 
5.30 	326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
5.31 		Subd. 4.Document or documents. "Document" or "documents" includes papers; 
5.32 	books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; 
6.1 	digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; 
6.2 	invoices; bills; notes; and calendars maintained in any form or manner.
6.3 		Subd. 5.Final. "Final" when used to describe any order issued under section 
6.4 	326B.082 means that:
6.5 	(1) no request for hearing in connection with the order was filed in the manner and 
6.6 	within the time provided by section 326B.082; 
6.7 	(2) all requests for hearing have been withdrawn;
6.8 	(3) an agreement that resolves the order has been signed by all the parties; or
6.9 	(4) after the filing of a request for hearing, an order has been issued by the 
6.10 	commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been 
6.11 	pursued or forgone.
6.12 		Subd. 6.Licensing order. "Licensing order" means an order issued under section 
6.13 	326B.082, subdivision 12, paragraph (a).
6.14 		Subd. 7.Minimum qualifications. "Minimum qualifications" means the 
6.15 	educational, experience, fee, examination, application, and other eligibility requirements 
6.16 	that an applicant must meet in order to obtain a license, registration, certificate, or 
6.17 	permit under the applicable law. For an applicant that is not an individual, the minimum 
6.18 	qualifications include the requirement that an employee or other individual associated 
6.19 	with the applicant hold a license.
6.20 		Subd. 8.Stop order. "Stop order" means an order issued under section 326B.082, 
6.21 	subdivision 10.

6.22 	Sec. 2. [326B.082] ENFORCEMENT.
6.23 		Subdivision 1.Remedies available. The commissioner may enforce all applicable 
6.24 	law under this section. The commissioner may use any enforcement provision in this 
6.25 	section, including the assessment of monetary penalties, against a person required to have 
6.26 	a license, registration, certificate, or permit under the applicable law based on conduct 
6.27 	that would provide grounds for action against a licensee, registrant, certificate holder, 
6.28 	or permit holder under the applicable law. The use of an enforcement provision in this 
6.29 	section shall not preclude the use of any other enforcement provision in this section or 
6.30 	otherwise provided by law.
6.31 		Subd. 2.Access to information and property; subpoenas. (a) In order to carry out 
6.32 	the purposes of the applicable law, the commissioner may:
6.33 	(1) administer oaths and affirmations, certify official acts, interview, question, take 
6.34 	oral or written statements, and take depositions;
7.1 	(2) request, examine, take possession of, test, sample, measure, photograph, record, 
7.2 	and copy any documents, apparatus, devices, equipment, or materials;
7.3 	(3) at a time and place indicated by the commissioner, request persons to appear 
7.4 	before the commissioner to give testimony and produce documents, apparatus, devices, 
7.5 	equipment, or materials;
7.6 	(4) issue subpoenas to compel persons to appear before the commissioner to give 
7.7 	testimony and produce documents, apparatus, devices, equipment, or materials; and
7.8 	(5) with or without notice, enter without delay upon any property, public or private, 
7.9 	for the purpose of taking any action authorized under this subdivision or the applicable 
7.10 	law, including obtaining information, remedying violations, or conducting surveys, 
7.11 	inspections, or investigations.
7.12 	(b) Persons requested by the commissioner to give testimony or produce documents, 
7.13 	apparatus, devices, equipment, or materials shall respond within the time and in the manner 
7.14 	specified by the commissioner. If no time to respond is specified in the request, then a 
7.15 	response shall be submitted within 30 days of the commissioner's service of the request.
7.16 	(c) Upon the refusal or anticipated refusal of a property owner, lessee, property 
7.17 	owner's representative, or lessee's representative to permit the commissioner's entry onto 
7.18 	property as provided in paragraph (a), the commissioner may apply for an administrative 
7.19 	inspection order in the Ramsey County District Court or, at the commissioner's discretion, 
7.20 	in the district court in the county in which the property is located. The commissioner may 
7.21 	anticipate that a property owner or lessee will refuse entry if the property owner, lessee, 
7.22 	property owner's representative, or lessee's representative has refused to permit entry on a 
7.23 	prior occasion or has informed the commissioner that entry will be refused. Upon showing 
7.24 	of administrative probable cause by the commissioner, the district court shall issue an 
7.25 	administrative inspection order that compels the property owner or lessee to permit the 
7.26 	commissioner to enter the property for the purposes specified in paragraph (a). 
7.27 	(d) Upon the application of the commissioner, a district court shall treat the failure of 
7.28 	any person to obey a subpoena lawfully issued by the commissioner under this subdivision 
7.29 	as a contempt of court.
7.30 		Subd. 3.Service. Unless otherwise specified, service of a document on a person 
7.31 	under this section or section 326B.083 may be by mail, by personal service, or in 
7.32 	accordance with any consent to service filed with the commissioner. Service by mail shall 
7.33 	be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart 
7.34 	2. Personal service shall be accomplished in the manner provided in Minnesota Rules, 
7.35 	part 1400.5550, subpart 3.
8.1 		Subd. 4.Fax transmission. When this section or section 326B.083 permits a 
8.2 	request for reconsideration or request for hearing to be served by fax on the commissioner, 
8.3 	the fax shall not exceed 15 pages in length. The request shall be considered timely 
8.4 	served if the fax is received by the commissioner, at the fax number identified by the 
8.5 	commissioner in the order or notice of violation, no later than 4:30 p.m. central time on 
8.6 	the last day permitted for faxing the request. Where the quality or authenticity of the faxed 
8.7 	request is at issue, the commissioner may require the original request to be filed. Where 
8.8 	the commissioner has not identified quality or authenticity of the faxed request as an issue 
8.9 	and the request has been faxed in accordance with this subdivision, the person faxing the 
8.10 	request does not need to file the original request with the commissioner.
8.11 		Subd. 5.Time computation. In computing any period of time prescribed or allowed 
8.12 	by this section, the day of the act, event, or default from which the designated period of 
8.13 	time begins to run shall not be included. The last day of the period so computed shall be 
8.14 	included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs 
8.15 	until the next day which is not a Saturday, Sunday, or legal holiday.
8.16 		Subd. 6.Notices of violation. (a) The commissioner may issue a notice of violation 
8.17 	to any person who the commissioner determines has committed a violation of the 
8.18 	applicable law. The notice of violation must state a summary of the facts that constitute 
8.19 	the violation and the applicable law violated. The notice of violation may require the 
8.20 	person to correct the violation. If correction is required, the notice of violation must state 
8.21 	the deadline by which the violation must be corrected.
8.22 	(b) The commissioner shall issue the notice of violation by:
8.23 	(1) serving the notice of violation on the property owner or on the person who 
8.24 	committed the violation; or
8.25 	(2) posting the notice of violation at the location where the violation occurred.
8.26 	(c) If the person to whom the commissioner has issued the notice of violation 
8.27 	believes the notice was issued in error, then the person may request reconsideration of the 
8.28 	parts of the notice that the person believes are in error. The request for reconsideration 
8.29 	must be in writing and must be served on or faxed to the commissioner at the address or 
8.30 	fax number specified in the notice of violation by the tenth day after the commissioner 
8.31 	issued the notice of violation. The date on which a request for reconsideration is served by 
8.32 	mail shall be the postmark date on the envelope in which the request for reconsideration is 
8.33 	mailed. If the person does not serve or fax a written request for reconsideration or if the 
8.34 	person's written request for reconsideration is not served on or faxed to the commissioner 
8.35 	by the tenth day after the commissioner issued the notice of violation, the notice of 
9.1 	violation shall become a final order of the commissioner and will not be subject to review 
9.2 	by any court or agency. The request for reconsideration must:
9.3 	(1) specify which parts of the notice of violation the person believes are in error;
9.4 	(2) explain why the person believes the parts are in error; and
9.5 	(3) provide documentation to support the request for reconsideration.
9.6 	The commissioner shall respond in writing to requests for reconsideration 
9.7 	made under this paragraph within 15 days after receiving the request. A request for 
9.8 	reconsideration does not stay a requirement to correct a violation as set forth in the notice 
9.9 	of violation. After reviewing the request for reconsideration, the commissioner may 
9.10 	affirm, modify, or rescind the notice of violation. The commissioner's response to a 
9.11 	request for reconsideration is final and shall not be reviewed by any court or agency.
9.12 		Subd. 7.Administrative orders; correction; assessment of monetary 
9.13 	penalties. (a) The commissioner may issue an administrative order to any person who 
9.14 	the commissioner determines has committed a violation of the applicable law. The 
9.15 	commissioner shall issue the administrative order by serving the administrative order on 
9.16 	the person. The administrative order may require the person to correct the violation, 
9.17 	may require the person to cease and desist from committing the violation, and may 
9.18 	assess monetary penalties. The commissioner shall follow the procedures in section 
9.19 	326B.083 when issuing administrative orders. Except as provided in paragraph (b), the 
9.20 	commissioner may issue to each person a monetary penalty of up to $10,000 for each 
9.21 	violation of applicable law committed by the person. The commissioner may order that 
9.22 	part or all of the monetary penalty will be forgiven if the person to whom the order is 
9.23 	issued demonstrates to the commissioner by the 31st day after the order is issued that 
9.24 	the person has corrected the violation or has developed a correction plan acceptable to 
9.25 	the commissioner.
9.26 	(b) The commissioner may issue an administrative order for failure to correct a 
9.27 	violation by the deadline stated in a final administrative order issued under paragraph (a). 
9.28 	Each day after the deadline during which the violation remains uncorrected is a separate 
9.29 	violation for purposes of calculating the maximum monetary penalty amount.
9.30 	(c) Upon the application of the commissioner, a district court shall find the failure of 
9.31 	any person to correct a violation as required by a final administrative order issued by the 
9.32 	commissioner under this subdivision as a contempt of court.
9.33 		Subd. 8.Hearings related to administrative orders. (a) Within 30 days after the 
9.34 	commissioner issues an administrative order or within 20 days after the commissioner 
9.35 	issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the 
9.36 	person to whom the administrative order or notice is issued may request an expedited 
10.1 	hearing to review the commissioner's order or notice. The request for hearing must be 
10.2 	in writing and must be served on or faxed to the commissioner at the address or fax 
10.3 	number specified in the order or notice. If the person does not request a hearing or if the 
10.4 	person's written request for hearing is not served on or faxed to the commissioner by the 
10.5 	30th day after the commissioner issues the administrative order or the 20th day after the 
10.6 	commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), 
10.7 	clause (3), the order will become a final order of the commissioner and will not be subject 
10.8 	to review by any court or agency. The date on which a request for hearing is served by 
10.9 	mail shall be the postmark date on the envelope in which the request for hearing is mailed. 
10.10 	The hearing request must specifically state the reasons for seeking review of the order or 
10.11 	notice. The person to whom the order or notice is issued and the commissioner are the 
10.12 	parties to the expedited hearing. The commissioner must notify the person to whom the 
10.13 	order or notice is issued of the time and place of the hearing at least 15 days before the 
10.14 	hearing. The expedited hearing must be held within 45 days after a request for hearing has 
10.15 	been served on the commissioner unless the parties agree to a later date.
10.16 	(b) All written arguments must be submitted within ten days following the close of 
10.17 	the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
10.18 	1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in 
10.19 	consultation with the agency, adopt rules specifically applicable to cases under this section.
10.20 	(c) The administrative law judge shall issue a report making findings of fact, 
10.21 	conclusions of law, and a recommended order to the commissioner within 30 days 
10.22 	following the close of the record.
10.23 	(d) If the administrative law judge makes a finding that the hearing was requested 
10.24 	solely for purposes of delay or that the hearing request was frivolous, the commissioner 
10.25 	may add to the amount of the penalty the costs charged to the department by the Office of 
10.26 	Administrative Hearings for the hearing.
10.27 	(e) If a hearing has been held, the commissioner shall not issue a final order until 
10.28 	at least five days after the date of the administrative law judge's report. Any person 
10.29 	aggrieved by the administrative law judge's report may, within those five days, serve 
10.30 	written comments to the commissioner on the report and the commissioner shall consider 
10.31 	the comments. The commissioner's final order may be appealed in the manner provided in 
10.32 	sections 14.63 to 14.69.
10.33 		Subd. 9.Injunctive relief. In addition to any other remedy provided by law, the 
10.34 	commissioner may bring an action for injunctive relief in the Ramsey County District 
10.35 	Court or, at the commissioner's discretion, in the district court in the county in which the 
10.36 	commissioner has determined a violation of the applicable law has occurred or is about to 
11.1 	occur to enjoin the violation. A temporary restraining order and other injunctive relief 
11.2 	shall be granted by the district court if the court determines that a person has engaged in or 
11.3 	is about to engage in an act, conduct, or practice constituting a violation of the applicable 
11.4 	law. The commissioner shall not be required to show irreparable harm.
11.5 		Subd. 10.Stop orders. (a) If the commissioner determines based on an inspection 
11.6 	or investigation that a person has violated or is about to violate the applicable law, the 
11.7 	commissioner may issue to the person a stop order requiring the person to cease and desist 
11.8 	from committing the violation.
11.9 	(b) If the commissioner determines that a condition exists on real property that 
11.10 	violates the applicable law, the commissioner may issue a stop order to the owner or 
11.11 	lessee of the real property to cease and desist from committing the violation and to correct 
11.12 	the condition that is in violation.
11.13 	(c) The commissioner shall issue the stop work order by:
11.14 	(1) serving the order on the person who has committed or is about to commit the 
11.15 	violation;
11.16 	(2) posting the order at the location where the violation was committed or is about to 
11.17 	be committed or at the location where the violating condition exists; or
11.18 	(3) serving the order on any owner or lessee of the real property where the violating 
11.19 	condition exists.
11.20 	(d) A stop order shall:
11.21 	(1) describe the act, conduct, or practice committed or about to be committed, or the 
11.22 	condition, and include a reference to the applicable law that the act, conduct, practice, or 
11.23 	condition violates or would violate; and
11.24 	(2) provide notice that any person aggrieved by the stop order may request a hearing 
11.25 	as provided in paragraph (e).
11.26 	(e) Within 30 days after the commissioner issues a stop order, any person aggrieved 
11.27 	by the order may request an expedited hearing to review the commissioner's action. 
11.28 	The request for hearing must be made in writing and must be served on or faxed to the 
11.29 	commissioner at the address or fax number specified in the order. If the person does not 
11.30 	request a hearing or if the person's written request for hearing is not served on or faxed to 
11.31 	the commissioner on or before the 30th day after the commissioner issued the stop order, 
11.32 	the order will become a final order of the commissioner and will not be subject to review 
11.33 	by any court or agency. The date on which a request for hearing is served by mail is the 
11.34 	postmark date on the envelope in which the request for hearing is mailed. The hearing 
11.35 	request must specifically state the reasons for seeking review of the order. The person who 
11.36 	requested the hearing and the commissioner are the parties to the expedited hearing. The 
12.1 	hearing shall be commenced within ten days after the commissioner receives the request 
12.2 	for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 
12.3 	1400.8612, as modified by this subdivision. The administrative law judge shall issue a 
12.4 	report containing findings of fact, conclusions of law, and a recommended order within 
12.5 	ten days after the conclusion of the hearing. Any party aggrieved by the administrative 
12.6 	law judge's report shall have five days after the date of the administrative law judge's 
12.7 	report to submit exceptions and argument to the commissioner. Within 15 days after 
12.8 	receiving the administrative law judge's report, the commissioner shall issue an order 
12.9 	vacating, modifying, or making permanent the stop order. The commissioner and the 
12.10 	person requesting the hearing may by agreement lengthen any time periods described in 
12.11 	this paragraph. The Office of Administrative Hearings may, in consultation with the 
12.12 	agency, adopt rules specifically applicable to cases under this subdivision.
12.13 	(f) A stop order issued under this subdivision shall be in effect until it is modified or 
12.14 	vacated by the commissioner or an appellate court. The administrative hearing provided 
12.15 	by this subdivision and any appellate judicial review as provided in chapter 14 shall 
12.16 	constitute the exclusive remedy for any person aggrieved by a stop order.
12.17 	(g) Upon the application of the commissioner, a district court shall find the failure of 
12.18 	any person to comply with a final stop order lawfully issued by the commissioner under 
12.19 	this subdivision as a contempt of court.
12.20 		Subd. 11.Licensing orders; grounds; reapplication. (a) The commissioner may 
12.21 	deny an application for a permit, license, registration, or certificate if the applicant does 
12.22 	not meet or fails to maintain the minimum qualifications for holding the permit, license, 
12.23 	registration, or certificate, or has any unresolved violations or unpaid fees or monetary 
12.24 	penalties related to the activity for which the permit, license, registration, or certificate has 
12.25 	been applied for or was issued.
12.26 	(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a 
12.27 	person's permit, license, registration, or certificate, or censure the person holding the 
12.28 	permit, license, registration, or certificate, if the commissioner finds that the person:
12.29 	(1) committed one or more violations of the applicable law;
12.30 	(2) submitted false or misleading information to the state in connection with 
12.31 	activities for which the permit, license, registration, or certificate was issued, or in 
12.32 	connection with the application for the permit, license, registration, or certificate;
12.33 	(3) allowed the alteration or use of the person's own permit, license, registration, 
12.34 	or certificate by another person;
12.35 	(4) within the previous five years, was convicted of a crime in connection with 
12.36 	activities for which the permit, license, registration, or certificate was issued;
13.1 	(5) violated a final administrative order issued under subdivision 7 or a final stop 
13.2 	order issued under subdivision 10, or injunctive relief issued under subdivision 9;
13.3 	(6) failed to cooperate with a commissioner's request to give testimony, to produce 
13.4 	documents, things, apparatus, devices, equipment, or materials, or to access property 
13.5 	under subdivision 2;
13.6 	(7) retaliated in any manner against any employee or person who is questioned by, 
13.7 	cooperates with, or provides information to the commissioner or an employee or agent 
13.8 	authorized by the commissioner who seeks access to property or things under subdivision 
13.9 	2;
13.10 	(8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
13.11 	(9) performed work in connection with the permit, license, registration, or 
13.12 	certificate or conducted the person's affairs in a manner that demonstrates incompetence, 
13.13 	untrustworthiness, or financial irresponsibility.
13.14 	(c) If the commissioner revokes a person's permit, license, registration, or certificate 
13.15 	under paragraph (b), the person is prohibited from reapplying for the same type of permit, 
13.16 	license, registration, or certificate for at least two years after the effective date of the 
13.17 	revocation. The commissioner may, as a condition of reapplication, require the person to 
13.18 	obtain a bond or comply with additional reasonable conditions the commissioner considers 
13.19 	necessary to protect the public. 
13.20 	(d) If a permit, license, registration, or certificate expires, or is surrendered, 
13.21 	withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may 
13.22 	institute a proceeding under this subdivision within two years after the permit, license, 
13.23 	registration, or certificate was last effective and enter a revocation or suspension order as 
13.24 	of the last date on which the permit, license, registration, or certificate was in effect.
13.25 		Subd. 12.Issuance of licensing orders; hearings related to licensing orders. 
13.26 	 (a) If the commissioner determines that a permit, license, registration, or certificate 
13.27 	should be conditioned, limited, suspended, revoked, or denied under subdivision 11, 
13.28 	or that the permit holder, licensee, registrant, or certificate holder should be censured 
13.29 	under subdivision 11, then the commissioner shall issue to the person an order denying, 
13.30 	conditioning, limiting, suspending, or revoking the person's permit, license, registration, 
13.31 	or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
13.32 	(b) Any order issued under paragraph (a) may include an assessment of monetary 
13.33 	penalties and may require the person to cease and desist from committing the violation 
13.34 	or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The 
13.35 	monetary penalty may be up to $10,000 for each violation or act, conduct, or practice 
14.1 	committed by the person. The procedures in section 326B.083 must be followed when 
14.2 	issuing orders under paragraph (a).
14.3 	(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom 
14.4 	the commissioner issues an order under paragraph (a) shall have 30 days after service of 
14.5 	the order to request a hearing. The request for hearing must be in writing and must be 
14.6 	served on or faxed to the commissioner at the address or fax number specified in the order 
14.7 	by the 30th day after service of the order. If the person does not request a hearing or if 
14.8 	the person's written request for hearing is not served on or faxed to the commissioner 
14.9 	by the 30th day after service of the order, the order shall become a final order of the 
14.10 	commissioner and will not be subject to review by any court or agency. The date on which 
14.11 	a request for hearing is served by mail shall be the postmark date on the envelope in which 
14.12 	the request for hearing is mailed. If the person submits to the commissioner a timely 
14.13 	request for hearing, a contested case hearing shall be held in accordance with chapter 14.
14.14 	(d) Paragraph (c) does not apply to summary suspension under subdivision 13.
14.15 		Subd. 13.Summary suspension. In any case where the commissioner has 
14.16 	issued an order to revoke or suspend a license, registration, certificate, or permit under 
14.17 	subdivision 12, the commissioner may summarily suspend the person's permit, license, 
14.18 	registration, or certificate before the order becomes final. The commissioner shall issue a 
14.19 	summary suspension order when the safety of life or property is threatened or to prevent 
14.20 	the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the 
14.21 	public. The summary suspension shall not affect the deadline for submitting a request 
14.22 	for hearing under subdivision 12. If the commissioner summarily suspends a person's 
14.23 	permit, license, registration, or certificate, a timely request for hearing submitted under 
14.24 	subdivision 12 shall also be considered a timely request for hearing on continuation of 
14.25 	the summary suspension. If the commissioner summarily suspends a person's permit, 
14.26 	license, registration, or certificate under this subdivision and the person submits a timely 
14.27 	request for a hearing, then a hearing on continuation of the summary suspension must be 
14.28 	held within ten days after the commissioner receives the request for hearing unless the 
14.29 	parties agree to a later date.
14.30 		Subd. 14.Plan for assessing penalties. The commissioner may prepare a plan for 
14.31 	assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall 
14.32 	provide a 30-day period for public comment on any such plan. Penalties assessed by the 
14.33 	commissioner in accordance with the plan shall be presumed reasonable.
14.34 		Subd. 15.Effect on other laws. Nothing in this section shall be construed to limit 
14.35 	the application of other state or federal laws, including specifically but not exclusively 
15.1 	section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a 
15.2 	permit, license, registration, or certificate issued by the commissioner.
15.3 		Subd. 16.Misdemeanor penalties. Except as otherwise provided by law, a person 
15.4 	who violates an applicable law is guilty of a misdemeanor.
15.5 		Subd. 17.Revocation and suspension of license. If a person fails to pay a penalty 
15.6 	owed under this section or section 326B.083, the commissioner may revoke, suspend, or 
15.7 	deny any or all licenses, permits, certificates, and registrations issued by the department.

15.8 	Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF 
15.9 	ADMINISTRATIVE AND LICENSING ORDERS. 
15.10 		Subdivision 1.Amount of penalty; considerations. In determining the amount of 
15.11 	a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall 
15.12 	consider the factors described in section 14.045, subdivision 3.
15.13 		Subd. 2.Contents of administrative order and licensing order. (a) An 
15.14 	administrative order and a licensing order must include:
15.15 	(1) a summary of the facts that constitute the violation or violations;
15.16 	(2) a reference to the applicable law that has been violated; and
15.17 	(3) a statement of the person's right to request a hearing.
15.18 	(b) An administrative order may include a requirement that the violation be 
15.19 	corrected. If the order includes a requirement that the violation be corrected, then the 
15.20 	order must include, in addition to any statements required under paragraphs (a) and (c), 
15.21 	the deadline by which the violation must be corrected.
15.22 	(c) An administrative order or a licensing order may assess monetary penalties. If 
15.23 	the order assesses monetary penalties, then the order must include, in addition to any 
15.24 	statements required under paragraphs (a) and (b):
15.25 	(1) a statement of the amount of the monetary penalty imposed;
15.26 	(2) a statement that, when the order becomes final, the commissioner may file and 
15.27 	enforce the unpaid portion of a penalty as a judgment in district court without further 
15.28 	notice or additional proceedings; and
15.29 	(3) if the order is an administrative order, a statement of the amount of the penalty, 
15.30 	if any, that will be forgiven if the person who is subject to the order demonstrates to the 
15.31 	commissioner by the 31st day after the order is served that the person has corrected the 
15.32 	violation or has developed a correction plan acceptable to the commissioner.
15.33 		Subd. 3.Penalty. (a) If an administrative order includes a penalty assessment, then 
15.34 	the penalty is due and payable on the date the administrative order becomes final unless 
16.1 	some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, 
16.2 	then the penalty is due and payable on the date the licensing order becomes final.
16.3 	(b) This paragraph applies if an administrative order includes a penalty assessment 
16.4 	and all or a portion of the penalty is forgivable.
16.5 	(1) If any portion of the penalty is not forgivable, that portion of the penalty is due 
16.6 	and payable ten days after the date the administrative order becomes final.
16.7 	(2) The commissioner shall forgive the forgivable portion of the penalty if the 
16.8 	commissioner determines that the violation has been corrected within the time set by 
16.9 	the order or the person to whom the order was issued has developed a correction plan 
16.10 	acceptable to the commissioner within the time set by the order.
16.11 	(3) If the commissioner determines that the person to whom the order was issued 
16.12 	has failed to correct the violation within the time set by the order or has failed to develop 
16.13 	a correction plan acceptable to the commissioner within the time set by the order, then 
16.14 	the forgivable portion of the penalty is due and payable ten days after the commissioner 
16.15 	serves notice of the determination on the person or on the date the administrative order 
16.16 	becomes final, whichever is later.
16.17 	(c) This paragraph applies if an administrative order or a licensing order includes a 
16.18 	penalty assessment and if the person subject to the order has requested a hearing. The 
16.19 	administrative law judge may not recommend a change in the amount of the penalty if 
16.20 	the penalty was assessed in accordance with a plan prepared under section 326B.082, 
16.21 	subdivision 14. If the commissioner has not prepared a plan under section 326B.082, 
16.22 	subdivision 14, then the administrative law judge may not recommend a change in the 
16.23 	amount of the penalty unless the administrative law judge determines that, based on the 
16.24 	factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
16.25 	(d) The assessment of a penalty does not preclude the use of other enforcement 
16.26 	provisions, under which penalties are not assessed, in connection with the violation for 
16.27 	which the penalty was assessed.

16.28 	Sec. 4. [326B.084] FALSE INFORMATION.
16.29 	A person subject to any of the requirements in the applicable law may not make a 
16.30 	false material statement, representation, or certification in; omit material information 
16.31 	from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, 
16.32 	or other document required under the applicable law.

16.33 	Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
17.1 	In any action brought by the commissioner for enforcement of an order issued 
17.2 	under section 326B.082 for injunctive relief, or to compel performance pursuant to the 
17.3 	applicable law, if the state finally prevails, the state, in addition to other penalties provided 
17.4 	by law, may be allowed an amount determined by the court to be the reasonable value of 
17.5 	all or part of the litigation expenses incurred by the state. In determining the amount of 
17.6 	the litigation expenses to be allowed, the court shall give consideration to the economic 
17.7 	circumstances of the defendant.

17.8 	Sec. 6. REVISOR'S INSTRUCTION.
 17.9 	The revisor of statutes shall renumber Minnesota Statutes, section 299F.011, 
17.10 	subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.

17.11 	ARTICLE 4
17.12 	BUILDING CODE

17.13 	Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
17.14 		Subd. 2.Powers and duties, general. Subject to other provisions of this chapter, 
17.15 	the commissioner is authorized to:
17.16 	(1) supervise, control, review, and approve all state contracts and purchasing;
17.17 	(2) provide agencies with supplies and equipment and operate all central store or 
17.18 	supply rooms serving more than one agency;
17.19 	(3) investigate and study the management and organization of agencies, and 
17.20 	reorganize them when necessary to ensure their effective and efficient operation;
17.21 	(4) manage and control state property, real and personal;
17.22 	(5) maintain and operate all state buildings, as described in section 16B.24, 
17.23 	subdivision 1;
17.24 	(6) supervise, control, review, and approve all capital improvements to state 
17.25 	buildings and the capitol building and grounds;
17.26 	(7) provide central duplicating, printing, and mail facilities;
17.27 	(8) oversee publication of official documents and provide for their sale;
17.28 	(9) manage and operate parking facilities for state employees and a central motor 
17.29 	pool for travel on state business; and
17.30 	(10) establish and administer a State Building Code; and
17.31 	(11) (10) provide rental space within the capitol complex for a private day care 
17.32 	center for children of state employees. The commissioner shall contract for services as 
17.33 	provided in this chapter. The commissioner shall report back to the legislature by October 
17.34 	1, 1984, with the recommendation to implement the private day care operation.

18.1 	Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
18.2 		Subd. 4.Code. "Code" means the State Building Code adopted by the commissioner 
18.3 	of labor and industry in consultation with each industry advisory committee and in 
18.4 	accordance with sections 16B.59 to 16B.75.

18.5 	Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
18.6 		Subd. 7.Physically disabled Person with a disability. "Physically disabled" means 
18.7 	having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities 
18.8 	of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, 
18.9 	or perceptiveness. "Person with a disability" or "persons with disabilities" includes 
18.10 	people who have a vision disability, a hearing disability, a disability of coordination, a 
18.11 	disability of aging, or any other disability that significantly reduces mobility, flexibility, 
18.12 	coordination, or perceptiveness.

18.13 	Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
18.14 		Subd. 8.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
18.15 	public building in whole or in part in order to bring it up to date in into conformity with 
18.16 	present uses of the structure and to which other rules on the upgrading of health and 
18.17 	safety provisions are applicable.

18.18 	Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
18.19 		Subd. 11.State licensed facilities facility. "State licensed facilities facility" means 
18.20 	a building and its grounds that are licensed by the state as a hospital, nursing home, 
18.21 	supervised living facility, free-standing outpatient surgical center, or correctional facility, 
18.22 	boarding care home, or residential hospice.

18.23 	Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
18.24 	16B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND 
18.25 	INDUSTRY.
18.26 		Subdivision 1.Adoption of code. Subject to sections 16B.59 to 16B.75, the 
18.27 	commissioner shall by rule and in consultation with each industry advisory committee
18.28 	establish a code of standards for the construction, reconstruction, alteration, and repair 
18.29 	of buildings, governing matters of structural materials, design and construction, fire 
18.30 	protection, health, sanitation, and safety, including design and construction standards 
18.31 	regarding heat loss control, illumination, and climate control. The code must also include 
18.32 	duties and responsibilities for code administration, including procedures for administrative 
19.1 	action, penalties, and suspension and revocation of certification. The code must conform 
19.2 	insofar as practicable to model building codes generally accepted and in use throughout 
19.3 	the United States, including a code for building conservation. In the preparation of the 
19.4 	code, consideration must be given to the existing statewide specialty codes presently in 
19.5 	use in the state. Model codes with necessary modifications and statewide specialty codes 
19.6 	may be adopted by reference. The code must be based on the application of scientific 
19.7 	principles, approved tests, and professional judgment. To the extent possible, the code 
19.8 	must be adopted in terms of desired results instead of the means of achieving those results, 
19.9 	avoiding wherever possible the incorporation of specifications of particular methods or 
19.10 	materials. To that end the code must encourage the use of new methods and new materials. 
19.11 	Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall 
19.12 	administer and enforce the provisions of those sections. 
19.13 	The commissioner shall develop rules addressing the plan review fee assessed 
19.14 	to similar buildings without significant modifications including provisions for use of 
19.15 	building systems as specified in the industrial/modular program specified in section 
19.16 	16B.75. Additional plan review fees associated with similar plans must be based on costs 
19.17 	commensurate with the direct and indirect costs of the service. 
19.18 		Subd. 1a.Administration by commissioner. The commissioner shall administer 
19.19 	and enforce the State Building Code as a municipality with respect to public buildings and 
19.20 	state licensed facilities in the state. The commissioner shall establish appropriate permit, 
19.21 	plan review, and inspection fees, and surcharges for public buildings and state licensed 
19.22 	facilities. Fees and surcharges for public buildings and state licensed facilities must be 
19.23 	remitted to the commissioner, who shall deposit them in the state treasury for credit to 
19.24 	the special revenue fund.
19.25 	Municipalities other than the state having an agreement with the commissioner 
19.26 	for code administration and enforcement service for public buildings and state licensed 
19.27 	facilities shall charge their customary fees, including surcharge, to be paid directly to the 
19.28 	jurisdiction by the applicant seeking authorization to construct a public building or a state 
19.29 	licensed facility. The commissioner shall sign an agreement with a municipality other than 
19.30 	the state for plan review, code administration, and code enforcement service for public 
19.31 	buildings and state licensed facilities in the jurisdiction if the building officials of the 
19.32 	municipality meet the requirements of section 16B.65 and wish to provide those services 
19.33 	and if the commissioner determines that the municipality has enough adequately trained 
19.34 	and qualified building inspectors to provide those services for the construction project. 
20.1 	The commissioner may direct the state building official to assist a community that 
20.2 	has been affected by a natural disaster with building evaluation and other activities related 
20.3 	to building codes.
20.4 	Administration and enforcement in a municipality under this section must apply 
20.5 	any optional provisions of the State Building Code adopted by the municipality. A 
20.6 	municipality adopting any optional code provision shall notify the state building official 
20.7 	within 30 days of its adoption.
20.8 	The commissioner shall administer and enforce the provisions of the code relating to 
20.9 	elevators statewide, except as provided for under section 16B.747, subdivision 3. 
20.10 		Subd. 2.Enforcement by certain bodies. Under the direction and supervision of 
20.11 	the commissioner, the provisions of the code relating to electrical installations shall be 
20.12 	enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act, 
20.13 	the provisions relating to, plumbing shall be enforced by the commissioner of health, 
20.14 	the provisions relating to, boilers, high pressure steam piping and appurtenances, and 
20.15 	ammonia refrigeration piping, and bioprocess piping shall be enforced by the Department 
20.16 	of Labor and Industry. Fees for inspections conducted by the State Board of Electricity
20.17 	commissioner shall be paid in accordance with the rules of the State Board of Electricity
20.18 	department. Under direction of the commissioner of public safety labor and industry, the 
20.19 	state fire marshal shall enforce the State Fire Code as provided in chapter 299F. The 
20.20 	commissioner, in consultation with the commissioner of labor and industry, shall adopt 
20.21 	amendments to the mechanical code portion of the State Building Code to implement 
20.22 	standards for process piping.
20.23 		Subd. 3.Special requirements. (a) Space for commuter vans. The code must 
20.24 	require that any parking ramp or other parking facility constructed in accordance with the 
20.25 	code include an appropriate number of spaces suitable for the parking of motor vehicles 
20.26 	having a capacity of seven to 16 persons and which are principally used to provide 
20.27 	prearranged commuter transportation of employees to or from their place of employment 
20.28 	or to or from a transit stop authorized by a local transit authority. 
20.29 	(b)  Smoke detection devices. The code must require that all dwellings, lodging 
20.30 	houses, apartment houses, and hotels as defined in section 299F.362 comply with the 
20.31 	provisions of section 299F.362. 
20.32 	(c)  Doors in nursing homes and hospitals. The State Building Code may not 
20.33 	require that each door entering a sleeping or patient's room from a corridor in a nursing 
20.34 	home or hospital with an approved complete standard automatic fire extinguishing system 
20.35 	be constructed or maintained as self-closing or automatically closing. 
21.1 	(d)  Child care facilities in churches; ground level exit. A licensed day care center 
21.2 	serving fewer than 30 preschool age persons and which is located in a belowground space 
21.3 	in a church building is exempt from the State Building Code requirement for a ground 
21.4 	level exit when the center has more than two stairways to the ground level and its exit. 
21.5 	(e)Child care facilities in churches; vertical access.Until August 1, 1996, an 
21.6 	organization providing child care in an existing church building which is exempt from 
21.7 	taxation under section 272.02, subdivision 6, shall have five years from the date of initial 
21.8 	licensure under chapter 245A to provide interior vertical access, such as an elevator, to 
21.9 	persons with disabilities as required by the State Building Code. To obtain the extension, 
21.10 	the organization providing child care must secure a $2,500 performance bond with the 
21.11 	commissioner of human services to ensure that interior vertical access is achieved by the 
21.12 	agreed upon date. 
21.13 	(f) (e)Family and group family day care. Until the legislature enacts legislation 
21.14 	specifying appropriate standards, the definition of Group R-3 occupancies in dwellings 
21.15 	constructed in accordance with the International Residential Code as adopted as part of the 
21.16 	State Building Code applies to family and group family day care homes licensed by the 
21.17 	Department of Human Services under Minnesota Rules, chapter 9502. 
21.18 	(g) (f)Enclosed stairways. No provision of the code or any appendix chapter of 
21.19 	the code may require stairways of existing multiple dwelling buildings of two stories or 
21.20 	less to be enclosed. 
21.21 	(h) (g)Double cylinder dead bolt locks. No provision of the code or appendix 
21.22 	chapter of the code may prohibit double cylinder dead bolt locks in existing single-family 
21.23 	homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. 
21.24 	Any recommendation or promotion of double cylinder dead bolt locks must include a 
21.25 	warning about their potential fire danger and procedures to minimize the danger. 
21.26 	(i) (h)Relocated residential buildings. A residential building relocated within 
21.27 	or into a political subdivision of the state need not comply with the State Energy Code 
21.28 	or section 326.371 provided that, where available, an energy audit is conducted on the 
21.29 	relocated building. 
21.30 	(j) (i)Automatic garage door opening systems. The code must require all 
21.31 	residential buildings as defined in section 325F.82 to comply with the provisions of 
21.32 	sections 325F.82 and 325F.83. 
21.33 	(k) (j)Exit sign illumination. For a new building on which construction is begun 
21.34 	on or after October 1, 1993, or an existing building on which remodeling affecting 50 
21.35 	percent or more of the enclosed space is begun on or after October 1, 1993, the code must 
21.36 	prohibit the use of internally illuminated exit signs whose electrical consumption during 
22.1 	nonemergency operation exceeds 20 watts of resistive power. All other requirements in 
22.2 	the code for exit signs must be complied with. 
22.3 	(l) (k)Exterior wood decks, patios, and balconies. The code must permit the 
22.4 	decking surface and upper portions of exterior wood decks, patios, and balconies to be 
22.5 	constructed of (1) heartwood from species of wood having natural resistance to decay or 
22.6 	termites, including redwood and cedars, (2) grades of lumber which contain sapwood from 
22.7 	species of wood having natural resistance to decay or termites, including redwood and 
22.8 	cedars, or (3) treated wood. The species and grades of wood products used to construct the 
22.9 	decking surface and upper portions of exterior decks, patios, and balconies must be made 
22.10 	available to the building official on request before final construction approval. 
22.11 	(m) (l)Bioprocess piping and equipment. No permit fee for bioprocess piping may 
22.12 	be imposed by municipalities under the State Building Code, except as required under 
22.13 	section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section 
22.14 	326.47 administered by the Department of Labor and Industry. All data regarding the 
22.15 	material production processes, including the bioprocess system's structural design and 
22.16 	layout, are nonpublic data as provided by section 13.7911.
22.17 		Subd. 3a.Recycling space. The code must require suitable space for the separation, 
22.18 	collection, and temporary storage of recyclable materials within or adjacent to new or 
22.19 	significantly remodeled structures that contain 1,000 square feet or more. Residential 
22.20 	structures with fewer than four dwelling units are exempt from this subdivision.
22.21 		Subd. 4.Review of plans for public buildings and state licensed facilities.
 22.22 	Construction or remodeling may not begin on any public building or state licensed facility 
22.23 	until the plans and specifications have been approved by the commissioner or municipality 
22.24 	under contractual agreement pursuant to subdivision 1a. The plans and specifications must 
22.25 	be submitted for review, and within 30 days after receipt of the plans and specifications, 
22.26 	the commissioner or municipality under contractual agreement shall notify the submitting 
22.27 	authority of any corrections.
22.28 		Subd. 5.Accessibility. (a) Public buildings. The code must provide for making 
22.29 	public buildings constructed or remodeled after July 1, 1963, accessible to and usable by 
22.30 	physically disabled persons with disabilities, although this does not require the remodeling 
22.31 	of public buildings solely to provide accessibility and usability to the physically disabled
22.32 	persons with disabilities when remodeling would not otherwise be undertaken. 
22.33 	(b) Leased space. No agency of the state may lease space for agency operations 
22.34 	in a non-state-owned building unless the building satisfies the requirements of the State 
22.35 	Building Code for accessibility by the physically disabled persons with disabilities, or 
23.1 	is eligible to display the state symbol of accessibility. This limitation applies to leases 
23.2 	of 30 days or more for space of at least 1,000 square feet. 
23.3 	(c) Meetings or conferences. Meetings or conferences for the public or for state 
23.4 	employees which are sponsored in whole or in part by a state agency must be held in 
23.5 	buildings that meet the State Building Code requirements relating to accessibility for 
23.6 	physically disabled persons with disabilities. This subdivision does not apply to any 
23.7 	classes, seminars, or training programs offered by the Minnesota State Colleges and 
23.8 	Universities or the University of Minnesota. Meetings or conferences intended for specific 
23.9 	individuals none of whom need the accessibility features for disabled persons with 
23.10 	disabilities specified in the State Building Code need not comply with this subdivision 
23.11 	unless a disabled person with a disability gives reasonable advance notice of an intent to 
23.12 	attend the meeting or conference. When sign language interpreters will be provided, 
23.13 	meetings or conference sites must be chosen which allow hearing impaired participants to 
23.14 	see their signing clearly. 
23.15 	(d) Exemptions. The commissioner may grant an exemption from the requirements 
23.16 	of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable 
23.17 	efforts were made to secure facilities which complied with those requirements and if the 
23.18 	selected facilities are the best available for access for disabled persons with disabilities. 
23.19 	Exemptions shall be granted using criteria developed by the commissioner in consultation 
23.20 	with the Council on Disability. 
23.21 	(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation 
23.22 	International's Eleventh World Congress is the state symbol indicating buildings, facilities, 
23.23 	and grounds which are accessible to and usable by disabled persons with disabilities. In 
23.24 	the interests of uniformity, this symbol is the sole symbol for display in or on all public 
23.25 	or private buildings, facilities, and grounds which qualify for its use. The secretary of 
23.26 	state shall obtain the symbol and keep it on file. No building, facility, or grounds may 
23.27 	display the symbol unless it is in compliance with the rules adopted by the commissioner 
23.28 	under subdivision 1. Before any rules are proposed for adoption under this paragraph, 
23.29 	the commissioner shall consult with the Council on Disability. Rules adopted under this 
23.30 	paragraph must be enforced in the same way as other accessibility rules of the State 
23.31 	Building Code. 
23.32 	(f) Municipal enforcement. Municipalities which have not adopted the State 
23.33 	Building Code may enforce the building code requirements for disabled persons with 
23.34 	disabilities by either entering into a joint powers agreement for enforcement with another 
23.35 	municipality which has adopted the State Building Code; or contracting for enforcement 
24.1 	with an individual certified under section 16B.65, subdivision 3, to enforce the State 
24.2 	Building Code. 
24.3 	(g)Equipment allowed.The code must allow the use of vertical wheelchair lifts 
24.4 	and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair 
24.5 	lift must be equipped with light or sound signaling device for use during operation of the 
24.6 	lift. The stairway or ramp shall be marked in a bright color that clearly indicates the 
24.7 	outside edge of the lift when in operation. The code shall not require a guardrail between 
24.8 	the lift and the stairway or ramp. Compliance with this provision by itself does not mean 
24.9 	other disability accessibility requirements have been met. 
24.10 		Subd. 6.Energy efficiency. The code must provide for building new low-income 
24.11 	housing in accordance with energy efficiency standards adopted under subdivision 1. 
24.12 	For purposes of this subdivision, low-income housing means residential housing built 
24.13 	for low-income persons and families under a program of a housing and redevelopment 
24.14 	authority, the Minnesota Housing Finance Agency, or another entity receiving money 
24.15 	from the state to construct such housing.
24.16 		Subd. 7.Access for the hearing-impaired. All rooms in the State Office Building 
24.17 	and in the Capitol that are used by the house of representatives or the senate for legislative 
24.18 	hearings, and the public galleries overlooking the house and senate chambers, must 
24.19 	be fitted with assistive listening devices for the hearing-impaired. Each hearing room 
24.20 	and the public galleries must have a sufficient number of receivers available so that 
24.21 	hearing-impaired members of the public may participate in the committee hearings and 
24.22 	public sessions of the house and senate.
24.23 		Subd. 8.Separate metering for electric service. The standards concerning heat 
24.24 	loss, illumination, and climate control adopted pursuant to subdivision 1, shall require 
24.25 	that electrical service to individual dwelling units in buildings containing two or more 
24.26 	units be separately metered, with individual metering readily accessible to the individual 
24.27 	occupants. The standards authorized by this subdivision shall only apply to buildings 
24.28 	constructed after the effective date of the amended standards. Buildings intended for 
24.29 	occupancy primarily by persons who are 62 years of age or older or disabled, or which 
24.30 	contain a majority of units not equipped with complete kitchen facilities, shall be exempt 
24.31 	from the provisions of this subdivision.

24.32 	Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
24.33 		Subd. 4.Rules. The commissioner of administration shall adopt rules to implement 
24.34 	this section. The rules may provide for a greater ratio of women's to men's facilities 
24.35 	for certain types of occupancies than is required in subdivision 3, and may apply the 
25.1 	required ratios to categories of occupancies other than those defined as places of public 
25.2 	accommodation under subdivision 1.

25.3 	Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
25.4 	16B.617 ENERGY CODE RULES REMAIN IN EFFECT.
25.5 	(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 
25.6 	7670, does not expire on April 15, 2000, but remains in effect for residential buildings not 
25.7 	covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter 
25.8 	7670, that apply to category 1 buildings govern new, detached single one- and two-family 
25.9 	R-3 occupancy residential buildings. All new, detached single one- and two-family R-3 
25.10 	occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application 
25.11 	for a building permit after April 14, 2000, must meet the requirements for category 1 
25.12 	buildings, as set out in Minnesota Rules, chapter 7670.
25.13 	(b) As an alternative to compliance with paragraph (a), compliance with Minnesota 
25.14 	Rules, chapters 7672 and 7674, is optional for a contractor or owner.
25.15 	(c) The Department of Administration, Building Codes and Standards Division 
25.16 	(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost 
25.17 	benefit, as well as air quality, building durability, moisture, enforcement, enforceability, 
25.18 	and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and 
25.19 	7674. The report must include a feasibility study of establishing new criteria for category 
25.20 	2 detached single one- and two-family R-3 occupancy buildings that are energy efficient, 
25.21 	enforceable, and provide sufficient nonmechanical ventilation or permeability for a home 
25.22 	to maintain good air quality, building durability, and adequate release of moisture.
25.23 	(d)(c) This section expires when the commissioner of administration adopts a new 
25.24 	energy code in accordance with Laws 2002, chapter 317, section 4.

25.25 	Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
25.26 	16B.6175 ENERGY CODE.
25.27 	Notwithstanding section  16B.617, the commissioner of administration, in 
25.28 	consultation with the Construction Codes Advisory Council, shall explore and review the 
25.29 	availability and appropriateness of any model energy codes related to the construction 
25.30 	of single one- and two-family residential buildings. In consultation with the council, the 
25.31 	commissioner shall take steps to adopt the chosen code with all necessary and appropriate 
25.32 	amendments. 
25.33 	The commissioner may not adopt all or part of a model energy code relating to 
25.34 	the construction of residential buildings without research and analysis that addresses, 
26.1 	at a minimum, air quality, building durability, moisture, enforcement, enforceability 
26.2 	cost benefit, and liability. The research and analysis must be completed in cooperation 
26.3 	with practitioners in residential construction and building science and an affirmative 
26.4 	recommendation by the Construction Codes Advisory Council.

26.5 	Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
26.6 	16B.63 STATE BUILDING OFFICIAL.
26.7 		Subdivision 1.Appointment. The commissioner shall appoint a state building 
26.8 	official who under the direction and supervision of the commissioner shall administer 
26.9 	the code.
26.10 		Subd. 2.Qualifications. To be eligible for appointment as state building official an 
26.11 	individual must be competent in the field of administration and shall have the experience 
26.12 	in building design, construction, and supervision which the commissioner considers 
26.13 	necessary.
26.14 		Subd. 3.Powers and duties. The state building official may, with the approval of 
26.15 	the commissioner, employ personnel necessary to carry out the inspector's function under 
26.16 	sections  16B.59 to  16B.75. The state building official shall distribute without charge 
26.17 	one copy a printed or electronic version of the code to each municipality within the state. 
26.18 	Additional copies A printed or electronic version of the code shall be made available 
26.19 	to municipalities and interested parties for a fee prescribed by the commissioner. The 
26.20 	state building official shall perform other duties in administering the code assigned by 
26.21 	the commissioner. 
26.22 		Subd. 4.Accessibility specialists. The state building official shall, with the 
26.23 	approval of the commissioner, assign three department employees to assist municipalities 
26.24 	in complying with section  16B.61, subdivision 5. 
26.25 		Subd. 5.Interpretative authority. To achieve uniform and consistent application 
26.26 	of the State Building Code, the state building official has final interpretative authority 
26.27 	applicable to all codes adopted as part of the State Building Code except for the Plumbing 
26.28 	Code and the Electrical Code when enforced by the State Board of Electricity, Mechanical 
26.29 	Systems Council, Plumbing Council, Board of Construction, Building and Structural 
26.30 	Code Council, Fire Protection Council, and Council of High Pressure Piping Systems. 
26.31 	A final interpretative committee composed of seven members, consisting of three 
26.32 	building officials, two inspectors from the affected field, and two construction industry 
26.33 	representatives, shall review requests for final interpretations relating to that field. A 
26.34 	request for final interpretation must come from a local or state level building code 
26.35 	board of appeals. The state building official must establish procedures for membership 
27.1 	of the interpretative committees. The appropriate committee shall review the request 
27.2 	and make a recommendation to the state building official for the final interpretation 
27.3 	within 30 days of the request. The state building official must issue an interpretation 
27.4 	within ten business days from the recommendation from the review committee. A final 
27.5 	interpretation may be appealed within 30 days of its issuance to the commissioner under 
27.6 	section  16B.67. The final interpretation must be published within ten business days of its 
27.7 	issuance and made available to the public. Municipal building officials shall administer all 
27.8 	final interpretations issued by the state building official until the final interpretations are 
27.9 	considered for adoption as part of the State Building Code. 

27.10 	Sec. 11. Minnesota Statutes 2006, section 16B.65, is amended to read:
27.11 	16B.65 BUILDING OFFICIALS.
27.12 		Subdivision 1.Designation. By January 1, 2002, Each municipality shall designate 
27.13 	a building official to administer the code. A municipality may designate no more than one 
27.14 	building official responsible for code administration defined by each certification category 
27.15 	established in rule. Two or more municipalities may combine in the designation of a 
27.16 	building official for the purpose of administering the provisions of the code within their 
27.17 	communities. In those municipalities for which no building officials have been designated, 
27.18 	the state building official may use whichever state employees are necessary to perform 
27.19 	the duties of the building official until the municipality makes a temporary or permanent 
27.20 	designation. All costs incurred by virtue of these services rendered by state employees 
27.21 	must be borne by the involved municipality and receipts arising from these services must 
27.22 	be paid into the state treasury and credited to the special revenue fund to the commissioner.
27.23 		Subd. 2.Qualifications. A building official, to be eligible for designation, must 
27.24 	be certified and have the experience in design, construction, and supervision which 
27.25 	the commissioner deems necessary and must be generally informed on the quality and 
27.26 	strength of building materials, accepted building construction requirements, and the nature 
27.27 	of equipment and needs conducive to the safety, comfort, and convenience of building 
27.28 	occupants. No person may be designated as a building official for a municipality unless 
27.29 	the commissioner determines that the official is qualified as provided in subdivision 3.
27.30 		Subd. 3.Certification. The commissioner shall by rule establish certification 
27.31 	criteria as proof of qualification according to subdivision 2. The commissioner may:
27.32 	(1) prepare and conduct develop and administer written and practical examinations 
27.33 	to determine if a person is qualified pursuant to subdivision 2 to be a building official;
28.1 	(2) accept documentation of successful completion of testing programs developed 
28.2 	and administered by nationally recognized testing agencies, as proof of qualification 
28.3 	pursuant to subdivision 2; or
28.4 	(3) determine qualifications by both clauses (1) and (2) satisfactory completion of 
28.5 	clause (2) and a mandatory training program developed or approved by the commissioner.
28.6 	Upon a determination of qualification under clause (1), (2), or both of them (3), 
28.7 	the commissioner shall issue a certificate to the building official stating that the official 
28.8 	is certified. Each person applying for examination and certification pursuant to this 
28.9 	section shall pay a nonrefundable fee of $70. The commissioner or a designee may 
28.10 	establish categories of certification that will recognize the varying complexities of code 
28.11 	enforcement in the municipalities within the state. The commissioner shall provide 
28.12 	educational programs designed to train and assist building officials in carrying out their 
28.13 	responsibilities.
28.14 	The Department of Employee Relations may, at the request of the commissioner, 
28.15 	provide statewide testing services.
28.16 		Subd. 4.Duties. Building officials shall, in the municipality for which they 
28.17 	are designated, be responsible for all aspects of code administration for which they 
28.18 	are certified, including the issuance of all building permits and the inspection of all 
28.19 	manufactured home installations. The commissioner may direct a municipality with 
28.20 	a building official to perform services for another municipality, and in that event the 
28.21 	municipality being served shall pay the municipality rendering the services the reasonable 
28.22 	costs of the services. The costs may be subject to approval by the commissioner.
28.23 		Subd. 5.Oversight committee. (a) The commissioner shall establish a Code 
28.24 	Administration Oversight Committee to evaluate, mediate, and that will, at the 
28.25 	commissioner's request, recommend to the commissioner any administrative action, 
28.26 	penalty, suspension, or revocation with respect appropriate action according to section 
28.27 	326B.82, in response to complaints filed with or information received or obtained by the 
28.28 	commissioner alleging or indicating  that supports a finding that: (1) an individual has 
28.29 	engaged in, or is about to engage in, the unauthorized performance of official the duties 
28.30 	of a certified building official or the unauthorized use of the title certified building official,
28.31 	title; or a violation of(2) a certified building official has violated a statute, rule, stipulation, 
28.32 	agreement, settlement, compliance agreement, cease and desist agreement, or order that 
28.33 	the commissioner has adopted, issued, or is empowered has the authority to enforce and 
28.34 	that is related to the duties of a certified building official. 
28.35 	(b) The committee consists shall consist of six members. One member shall be the 
28.36 	commissioner's designee and five members shall be certified building officials,who are 
29.1 	appointed by the commissioner. At least two of whom the appointed certified building 
29.2 	officials  must be from nonmetropolitan counties. For the committee members must be 
29.3 	compensated according towho are not state officials or employees, their compensation 
29.4 	and removal from the oversight committee is governed by section  15.059, subdivision 3. 
29.5 	The commissioner's designee shall act as an ex-officio member of the oversight committee
29.6 	serve as the chair of the oversight committee and shall not vote. The terms of the appointed 
29.7 	members of the oversight committee shall be four years. The terms of three of the 
29.8 	appointed members shall be coterminous with the governor and the terms of the remaining 
29.9 	two appointed members shall end on the first Monday in January one year after the terms 
29.10 	of the other appointed members expire. An appointed member may be reappointed. The 
29.11 	committee is not subject to the expiration provisions of section 15.059, subdivision 5.
29.12 	(b) (c) If the commissioner has a reasonable basis to believe determines that 
29.13 	a person an individual has engaged in an act or practice constituting the unauthorized 
29.14 	performance of official the duties, of a certified building official or the unauthorized use 
29.15 	of the title certified building official title, or that a violation of certified building official 
29.16 	has violated a statute, rule, stipulation, agreement, settlement, compliance agreement, 
29.17 	cease and desist agreement, or order that the commissioner has adopted, issued, or is 
29.18 	empowered authorized to enforce that is related to the duties of a certified building official, 
29.19 	the commissioner may proceed with take administrative actions or penalties as described 
29.20 	in subdivision 5a or suspension or revocation as described in subdivision 5b. against the 
29.21 	individual according to section 326B.082, subdivisions 7 and 11.
29.22 		Subd. 5a.Administrative action and penalties. The commissioner shall, by rule, 
29.23 	establish a graduated schedule of administrative actions for violations of sections 16B.59
29.24 	to  16B.75 and rules adopted under those sections. The schedule must be based on and 
29.25 	reflect the culpability, frequency, and severity of the violator's actions. The commissioner 
29.26 	may impose a penalty from the schedule on a certification holder for a violation of sections 
29.27 	16B.59 to  16B.75 and rules adopted under those sections. The penalty is in addition to 
29.28 	any criminal penalty imposed for the same violation. Administrative monetary penalties 
29.29 	imposed by the commissioner must be paid to the special revenue fund. 
29.30 		Subd. 5b.Suspension; revocation. Grounds. Except as otherwise provided for by 
29.31 	law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue 
29.32 	or reissue a building official certification if the applicant, building official, or certification 
29.33 	holder: In addition to the grounds specified in section 326B.082, subdivision 11, the 
29.34 	commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or 
29.35 	may censure an applicant or individual holding a certificate, if the applicant or individual:
30.1 	(1) violates a provision of sections  16B.59 to  16B.75 or a rule adopted under those 
30.2 	sections; or
30.3 	(2) engages in fraud, deceit, or misrepresentation while performing the duties of a 
30.4 	certified building official;.
30.5 	(3) makes a false statement in an application submitted to the commissioner or in a 
30.6 	document required to be submitted to the commissioner; or
30.7 	(4) violates an order of the commissioner.
30.8 	Notice must be provided and the hearing conducted in accordance with the provisions 
30.9 	of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or 
30.10 	otherwise affects the authority of a municipality to dismiss or suspend a building official 
30.11 	at its discretion, except as otherwise provided for by law.
30.12 		Subd. 5c.Action against unlicensed persons. The commissioner may take any 
30.13 	administrative action provided under section 326B.082, against an individual required 
30.14 	to be certified under subdivision 3, based upon conduct that would provide grounds for 
30.15 	action against a certificate holder under this section.
30.16 		Subd. 6.Vacancies. In the event that a designated building official position is 
30.17 	vacant within a municipality, that municipality shall designate a certified building official 
30.18 	to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy 
30.19 	or designation in writing within 15 days. If the municipality fails to designate a certified 
30.20 	building official within 15 days of the occurrence of the vacancy, the state building official 
30.21 	may provide state employees to serve that function as provided in subdivision 1 until the 
30.22 	municipality makes a temporary or permanent designation. Municipalities must not issue 
30.23 	permits without a designated certified building official.
30.24 		Subd. 7.Continuing education. Subject to sections  16B.59 to  16B.75, the 
30.25 	commissioner may by rule establish or approve continuing education programs for 
30.26 	municipal certified building officials dealing with matters of building code administration, 
30.27 	inspection, and enforcement. 
30.28 	Each person certified as a building official for the state must satisfactorily complete 
30.29 	applicable educational programs established or approved by the commissioner every 
30.30 	three calendar years to retain certification.
30.31 	Each person certified as a building official must submit in writing to the 
30.32 	commissioner an application for renewal of certification within 60 days of the last day of 
30.33 	the third calendar year following the last certificate issued. Each application for renewal 
30.34 	must be accompanied by proof of satisfactory completion of minimum continuing 
30.35 	education requirements and the certification renewal fee established by the commissioner.
31.1 		Subd. 8.Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of 
31.2 	labor and industry may by rule adopt standards dealing with renewal requirements.
31.3 	(b) If the commissioner has not issued a notice of denial of application for a 
31.4 	certificate holder and if the certificate holder has properly and timely filed a fully completed 
31.5 	renewal application, then the certificate holder may continue to engage in building official 
31.6 	activities whether or not the renewed certificate has been received. Applications must be 
31.7 	made on a form approved by the commissioner. Each application for renewal must be 
31.8 	fully completed, and be accompanied by proof of the satisfactory completion of minimum 
31.9 	continuing education requirements and the certification renewal fee established by the 
31.10 	commissioner. Applications are timely if received prior to the expiration of the most 
31.11 	recently issued certificate. An application for renewal that does not contain all of the 
31.12 	information requested is an incomplete application and will not be accepted.
31.13 		Subd. 9.Expiration. All certificates expire at 11:59:59 p.m. central time on the 
31.14 	date of expiration if not properly renewed in according to subdivision 8, paragraph (b).
31.15 		Subd. 10.Failure to renew. An individual who has failed to make a timely 
31.16 	application for renewal of a certificate is not certified and must not serve as the designated 
31.17 	building official for any municipality until a renewed certificate has been issued by the 
31.18 	commissioner.

31.19 	EFFECTIVE DATE. This section is effective July 1, 2007.

31.20 	Sec. 12. Minnesota Statutes 2006, section 16B.70, is amended to read:
31.21 	16B.70 SURCHARGE.
31.22 		Subdivision 1.Computation. To defray the costs of administering sections  
31.23 	16B.59 to  16B.76, a surcharge is imposed on all permits issued by municipalities in 
31.24 	connection with the construction of or addition or alteration to buildings and equipment or 
31.25 	appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge 
31.26 	receipts to award grants for code research and, development, and education. 
31.27 	If the fee for the permit issued is fixed in amount the surcharge is equivalent to 
31.28 	one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other 
31.29 	permits, the surcharge is as follows:
31.30 	(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the 
31.31 	surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, 
31.32 	or alteration;
31.33 	(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths 
31.34 	mill (.0004) of the value between $1,000,000 and $2,000,000;
32.1 	(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths 
32.2 	mill (.0003) of the value between $2,000,000 and $3,000,000;
32.3 	(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth 
32.4 	mill (.0002) of the value between $3,000,000 and $4,000,000;
32.5 	(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth 
32.6 	mill (.0001) of the value between $4,000,000 and $5,000,000; and
32.7 	(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth 
32.8 	mill (.00005) of the value that exceeds $5,000,000.
32.9 		Subd. 2.Collection and reports. All permit surcharges must be collected by each 
32.10 	municipality and a portion of them remitted to the state. Each municipality having a 
32.11 	population greater than 20,000 people shall prepare and submit to the commissioner once 
32.12 	a month a report of fees and surcharges on fees collected during the previous month 
32.13 	but shall retain the greater of two percent or that amount collected up to $25 to apply 
32.14 	against the administrative expenses the municipality incurs in collecting the surcharges. 
32.15 	All other municipalities shall submit the report and surcharges on fees once a quarter 
32.16 	but shall retain the greater of four percent or that amount collected up to $25 to apply 
32.17 	against the administrative expenses the municipalities incur in collecting the surcharges. 
32.18 	The report, which must be in a form prescribed by the commissioner, must be submitted 
32.19 	together with a remittance covering the surcharges collected by the 15th day following 
32.20 	the month or quarter in which the surcharges are collected. All money collected by the 
32.21 	commissioner through surcharges and other fees prescribed by sections  16B.59 to  16B.75
32.22 	shall be deposited in the state government special revenue fund and is appropriated to the 
32.23 	commissioner for the purpose of administering and enforcing the State Building Code 
32.24 	under sections  16B.59 to  16B.75.
32.25 		Subd. 3.Revenue to equal costs. Revenue received from the surcharge imposed 
32.26 	in subdivision 1 should approximately equal the cost, including the overhead cost, of 
32.27 	administering sections  16B.59 to  16B.75. By November 30 each year, the commissioner 
32.28 	must report to the commissioner of finance and to the legislature on changes in the 
32.29 	surcharge imposed in subdivision 1 needed to comply with this policy. In making this 
32.30 	report, the commissioner must assume that the services associated with administering 
32.31 	sections  16B.59 to  16B.75 will continue to be provided at the same level provided during 
32.32 	the fiscal year in which the report is made. 

32.33 	EFFECTIVE DATE. This section is effective July 1, 2007.

33.1 	Sec. 13. Minnesota Statutes 2006, section 16B.72, is amended to read:
33.2 	16B.72 REFERENDA ON STATE BUILDING CODE IN 
33.3 	NONMETROPOLITAN COUNTIES.
33.4 	Notwithstanding any other provision of law to the contrary, a county that is not a 
33.5 	metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote 
33.6 	of the majority of its electors residing outside of municipalities that have adopted the State 
33.7 	Building Code before January 1, 1977, that no part of the State Building Code except the 
33.8 	building requirements for disabled persons with disabilities, the requirements for bleacher 
33.9 	safety, and the requirements for elevator safety applies within its jurisdiction. 
33.10 	The county board may submit to the voters at a regular or special election the 
33.11 	question of adopting the building code. The county board shall submit the question to 
33.12 	the voters if it receives a petition for the question signed by a number of voters equal 
33.13 	to at least five percent of those voting in the last general election. The question on the 
33.14 	ballot must be stated substantially as follows:
33.15 	"Shall the State Building Code be adopted in .......... County?"
33.16 	If the majority of the votes cast on the proposition is in the negative, the State 
33.17 	Building Code does not apply in the subject county, outside home rule charter or statutory 
33.18 	cities or towns that adopted the building code before January 1, 1977, except the building 
33.19 	requirements for disabled persons  with disabilities, the requirements for bleacher safety, 
33.20 	and the requirements for elevator safety do apply.
33.21 	Nothing in this section precludes a municipality or town that has not adopted the 
33.22 	State Building Code from adopting and enforcing by ordinance or other legal means the 
33.23 	State Building Code within its jurisdiction.

33.24 	Sec. 14. Minnesota Statutes 2006, section 16B.73, is amended to read:
33.25 	16B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
33.26 	LOCAL OPTION.
33.27 	The governing body of a municipality whose population is less than 2,500 may 
33.28 	provide that the State Building Code, except the requirements for disabled persons  with 
33.29 	disabilities, the requirements for bleacher safety, and the requirements for elevator 
33.30 	safety, will not apply within the jurisdiction of the municipality, if the municipality is 
33.31 	located in whole or in part within a county exempted from its application under section 
33.32 	16B.72. If more than one municipality has jurisdiction over an area, the State Building 
33.33 	Code continues to apply unless all municipalities having jurisdiction over the area have 
33.34 	provided that the State Building Code, except the requirements for disabled persons with 
33.35 	disabilities, the requirements for bleacher safety, and the requirements for elevator safety, 
34.1 	does not apply within their respective jurisdictions. Nothing in this section precludes a 
34.2 	municipality or town from adopting and enforcing by ordinance or other legal means the 
34.3 	State Building Code within its jurisdiction. 

34.4 	Sec. 15. Minnesota Statutes 2006, section 16B.735, is amended to read:
34.5 	16B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED
34.6 	PERSONS  WITH DISABILITIES.
34.7 	A statutory or home rule charter city that is not covered by the State Building Code 
34.8 	because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in 
34.9 	the city of the State Building Code's requirements for disabled persons with disabilities. In 
34.10 	all other areas where the State Building Code does not apply because of action taken under 
34.11 	section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements. 

34.12 	Sec. 16. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
34.13 		Subdivision 1.Applicability. As used in For the purposes of sections 16B.61, 
34.14 	16B.72, 16B.73, and 16B.74 to 16B.746 16B.748 the terms "passenger or freight elevator," 
34.15 	"automatic operation" and "continuous pressure operation" defined in this section shall 
34.16 	have the following meanings given them. 

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

34.18 	Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
34.19 		Subd. 2.Passenger or freight elevator. "Passenger or freight elevator" means 
34.20 	all elevators except those that comply with the safety rules of the department of 
34.21 	Administration relating to construction and installation and that have automatic operation 
34.22 	or continuous pressure operation.

34.23 	Sec. 18. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
34.24 	to read:
34.25 		Subd. 7.Elevator inspection. "Elevator inspection" means an examination of 
34.26 	elevator installations, repairs, alterations, removal, and construction for compliance with 
34.27 	the State Building Code that may include witnessing tests performed on elevators by 
34.28 	elevator personnel, performing tests on elevators, or an audit of records related to routine 
34.29 	and periodic maintenance and testing, or any combination thereof when performed by the 
34.30 	department or a municipality authorized to perform such inspections.

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

35.1 	Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 
35.2 	to read:
35.3 		Subd. 8.Elevator inspector. "Elevator inspector" means an individual who meets 
35.4 	the requirements established pursuant to section 16B.748, clause (1), who is performing 
35.5 	elevator inspections for the department or a municipality authorized to perform such 
35.6 	inspections.

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

35.8 	Sec. 20. Minnesota Statutes 2006, section 16B.741, is amended to read:
35.9 	16B.741 ELEVATOR AVAILABLE FOR INSPECTION AND REPORTING.
35.10 		Subdivision 1.Elevator available for inspection. A person, firm, entity, or 
35.11 	corporation that owns or controls a building or other structure housing an elevator that is 
35.12 	subject to inspection by the department, shall, upon request, provide access at a reasonable 
35.13 	hour to the elevator for purposes of inspection.
35.14 		Subd. 2.Persons required to report. The following persons shall report the 
35.15 	information specified in subdivision 3 to the commissioner by January 1, 2008:
35.16 	(a) any person that, between August 1, 2005, and July 31, 2007, has provided 
35.17 	service, alteration, repair, or maintenance to any elevator located in Minnesota;
35.18 	(b) any person that, between August 1, 2005, and July 31, 2007, has entered into an 
35.19 	agreement to provide service, alteration, repair, or maintenance to any elevator located 
35.20 	in Minnesota;
35.21 	(c) any person that owns or controls an elevator located in Minnesota that, between 
35.22 	August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or 
35.23 	maintenance on the elevator; or
35.24 	(d) any person that owns or controls an elevator located in Minnesota that, between 
35.25 	August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service, 
35.26 	alteration, repair, or maintenance on the elevator.
35.27 		Subd. 3.Elevator location, type, and installation date. On a form prescribed by 
35.28 	the commissioner, the persons required to report pursuant to subdivision 2 shall provide 
35.29 	the following:
35.30 	(a) the location of each elevator;
35.31 	(b) the type of each elevator; and
35.32 	(c) the date the elevator was installed.
35.33 		Subd. 4.Definition. As used in this section, "elevator" is as defined in section 
35.34 	16B.74, subdivision 5.

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

36.2 	Sec. 21. Minnesota Statutes 2006, section 16B.744, is amended to read:
36.3 	16B.744 ELEVATORS, ENTRANCES SEALED.
36.4 	It shall be the duty of the department of Administration and the licensing authority 
36.5 	of any municipality which adopts any such ordinance whenever it finds any such elevator 
36.6 	under its jurisdiction in use in violation of any provision of sections  16B.74 to  16B.745 to 
36.7 	seal the entrances of such elevator and attach a notice forbidding the use of such elevator 
36.8 	until the provisions thereof are complied with. 

36.9 	Sec. 22. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
36.10 		Subdivision 1.Removal of seal. No person, firm, or corporation may remove any 
36.11 	seal or notice forbidding the use of an elevator, except by authority of the department of 
36.12 	Administration or the licensing authority having jurisdiction over the elevator, or operate 
36.13 	an elevator after a notice has been attached forbidding its use, unless the notice has been 
36.14 	removed by authority of the department of Administration or the licensing authority 
36.15 	having jurisdiction over the elevator.

36.16 	Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
36.17 		Subd. 4.Penalties. The commissioner of administration shall administer sections  
36.18 	16B.74 to  16B.749. In addition to the remedies provided for violations of this chapter, 
36.19 	the commissioner may impose a penalty of up to $1,000 $10,000 for a violation of any 
36.20 	provision of sections  16B.74 to  16B.749. 

36.21 	Sec. 24. Minnesota Statutes 2006, section 16B.747, is amended to read:
36.22 	16B.747 FEES FOR LICENSURE AND INSPECTION.
36.23 		Subdivision 1.Permits. No person, firm, or corporation may construct, install, alter, 
36.24 	or remove an elevator without first filing an application for a permit with the department 
36.25 	of Administration or a municipality authorized by subdivision 3 to inspect elevators. 
36.26 	Upon successfully completing inspection and the payment of the appropriate fee, the 
36.27 	owner must be granted an operating permit for the elevator.
36.28 		Subd. 2.Contractor licenses. The commissioner may establish criteria for the 
36.29 	qualifications of elevator contractors and issue licenses based upon proof of the applicant's 
36.30 	qualifications.
36.31 		Subd. 3.Permissive municipal regulation. A municipality may conduct a system 
36.32 	of elevator inspection in conformity with this chapter, State Building Code requirements, 
37.1 	and adopted rules that includes the inspection of elevator installation, repair, alteration, 
37.2 	and removal, construction, and the routine and periodic inspection and testing of existing 
37.3 	elevators. The municipality shall employ inspectors meeting the minimum requirements 
37.4 	established by Minnesota Rules to perform the inspections and to witness the tests. A 
37.5 	municipality may establish and retain its own fees for inspection of elevators and related 
37.6 	devices in its jurisdiction. A municipality may not adopt standards that do not conform to 
37.7 	the uniform standards prescribed by the department.
37.8 	If the commissioner determines that a municipality is not properly administering 
37.9 	and enforcing the law, rules, and codes, the commissioner shall have the inspection, 
37.10 	administration, and enforcement undertaken by a qualified inspector employed by the 
37.11 	department.
37.12 		Subd. 4.Deposit of fees. Fees received under this section must be deposited in the 
37.13 	state treasury and credited to the special revenue fund.

37.14 	EFFECTIVE DATE. This section is effective July 1, 2007.

37.15 	Sec. 25. Minnesota Statutes 2006, section 16B.748, is amended to read:
37.16 	16B.748 RULES.
37.17 	The commissioner may adopt rules for the following purposes:
37.18 	(1) to establish minimum qualifications for elevator inspectors that must include 
37.19 	possession of a current elevator constructor electrician's license issued by the State Board 
37.20 	of Electricity department and proof of successful completion of the national elevator 
37.21 	industry education program examination or equivalent experience;
37.22 	(2) to establish minimum qualifications for elevator inspectors;
37.23 	(2) (3) to establish criteria for the qualifications of elevator contractors;
37.24 	(3) (4) to establish elevator standards under sections  16B.61, subdivisions 1 and 
37.25 	2, and  16B.64; 
37.26 	(4) (5) to establish procedures for appeals of decisions of the commissioner under 
37.27 	chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek 
37.28 	advice from the elevator trade, building owners or managers, and others knowledgeable in 
37.29 	the installation, construction, and repair of elevators; and
37.30 	(5) (6) to establish requirements for the registration of all elevators.

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

37.32 	Sec. 26. Minnesota Statutes 2006, section 16B.76, is amended to read:
37.33 	16B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
38.1 		Subdivision 1.Membership. (a) The Construction Codes Advisory Council 
38.2 	consists of the following members:
38.3 	(1) the commissioner of administration or the commissioner's designee representing 
38.4 	the department's Building Codes and Standards Construction Codes and Licensing 
38.5 	Division;
38.6 	(2) the commissioner of health or the commissioner's designee representing an 
38.7 	Environmental Health Section of the department;
38.8 	(3) (2) the commissioner of public safety or the commissioner's commissioner of 
38.9 	public safety's designee representing the department'sDepartment of Public Safety's State 
38.10 	Fire Marshal Division;
38.11 	(4) the commissioner of commerce or the commissioner's designee representing 
38.12 	the department's State Energy Office; and
38.13 	(5) (3) one member representing, appointed by the commissioner, engaged in each 
38.14 	of the following occupations or, entities, appointed by the commissioner of administration
38.15 	or industries:
38.16 	(i) a certified building official officials;
38.17 	(ii) a fire service representative chiefs or fire marshals;
38.18 	(iii) a licensed architect architects;
38.19 	(iv) a licensed engineer professional engineers;
38.20 	(v) a building owners and managers representative commercial building owners 
38.21 	and managers;
38.22 	(vi) a the licensed residential building contractor industry;
38.23 	(vii) a the commercial building contractor industry;
38.24 	(viii) a the heating and ventilation contractor industry;
38.25 	(ix) a the plumbing contractor industry;
38.26 	(x) the ventilation industry;
38.27 	(xi) the power limited industry;
38.28 	(x) (xii)  a representative of a construction and building trades union; and member of 
38.29 	the Board of Electricity;
38.30 	(xi) a local unit of government representative. (xiii) the high pressure piping 
38.31 	industry;
38.32 	(xiv) the boiler industry;
38.33 	(xv) the manufactured housing industry;
38.34 	(xvi) public utility suppliers;
38.35 	(xvii) the Minnesota Building and Construction Trades Council; and
38.36 	(xviii) local units of government.
39.1 	(b) The commissioner or the commissioner's designee representing the department's 
39.2 	Construction Codes and Licensing Division shall serve as chair of the advisory council. 
39.3 	For members who are not state officials or employees, terms, compensation,and removal, 
39.4 	and the filling of vacancies of members of the advisory council are governed by section  
39.5 	15.059. The council shall select one of its members to serve as chair.  The terms of the 
39.6 	members of the advisory council shall be four years. The terms of eight of the appointed 
39.7 	members shall be coterminous with the governor and the terms of the remaining nine 
39.8 	appointed members shall end on the first Monday in January one year after the terms of 
39.9 	the other appointed members expire. An appointed member may be reappointed. Each 
39.10 	council member shall appoint an alternate to serve in their absence. The committee is not 
39.11 	subject to the expiration provision of section 15.059, subdivision 5.
39.12 	(c) The council expires June 30, 2003.
39.13 		Subd. 1a.Rulemaking authority. The council shall adopt rules relating to building 
39.14 	construction and model the rules to building construction codes generally accepted and in 
39.15 	use throughout the United States with consideration given to existing statewide specialty 
39.16 	codes presently in use in Minnesota.
39.17 		Subd. 2.Duties of council. The council shall review laws, codes, rules, standards, 
39.18 	and licensing requirements relating to building construction and may:
39.19 	(1) recommend ways to eliminate inconsistencies, to streamline construction 
39.20 	regulation and construction processes procedures, and to improve procedures within 
39.21 	and among jurisdictions;
39.22 	(2) review and comment on current and proposed laws and rules to promote 
39.23 	coordination and consistency;
39.24 	(3) advise agencies on possible changes in rules to make them easier to understand 
39.25 	and apply; and
39.26 	(4) promote the coordination, within each jurisdiction, of the administration and 
39.27 	enforcement of construction codes.
39.28 	The council shall meet a minimum of four times each year. The council shall 
39.29 	report its findings and recommendations to the commissioner of administration and 
39.30 	the head of any other affected agency by the end of each calendar year. The council 
39.31 	mayshall recommend changes in laws or rules governing building construction. The 
39.32 	council mayshall establish subcommittees to facilitate its work. If the council establishes 
39.33 	subcommittees, it shall include in their memberships representation from entities and 
39.34 	organizations expressing an interest in membership. The commissioner of administration
39.35 	shall maintain a list of interested entities and organizations.
40.1 		Subd. 3.Agency cooperation. State agencies and local governmental units shall 
40.2 	cooperate with the council and, so far as possible, provide information or assistance to 
40.3 	it upon its request. The commissioner of administration shall provide necessary staff 
40.4 	and administrative support to the council.

40.5 	Sec. 27. Minnesota Statutes 2006, section 326.992, is amended to read:
40.6 	326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
40.7 	(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 
40.8 	fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for 
40.9 	all work entered into within the state. The bond must be for the benefit of persons suffering 
40.10 	financial loss by reason of the contractor's failure to comply with the requirements of the 
40.11 	State Mechanical Code. A bond given to the state must be filed with the commissioner 
40.12 	of administration and is in lieu of all other bonds to any political subdivision required for 
40.13 	work covered by this section. The bond must be written by a corporate surety licensed to 
40.14 	do business in the state.
40.15 	(b) The commissioner of administration may charge each person giving bond under 
40.16 	this section an annual bond filing fee of $15. The money must be deposited in a special 
40.17 	revenue fund and is appropriated to the commissioner to cover the cost of administering 
40.18 	the bond program.

40.19 	EFFECTIVE DATE. This section is effective July 1, 2007.

40.20 	Sec. 28. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
40.21 		Subd. 2.Authorized representative. "Authorized representative" means any 
40.22 	person, firm or corporation, or employee thereof, approved or hired by the commissioner
40.23 	of labor and industry to perform inspection services.

40.24 	Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
40.25 		Subd. 3.Manufactured Home Building Code. "Manufactured Home Building 
40.26 	Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 
40.27 	15, 1976, the standards code promulgated by the American National Standards Institute 
40.28 	and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, 
40.29 	or the provisions of the National Fire Protection Association and identified as NFPA 501B, 
40.30 	and further revisions adopted by the commissioner of labor and industry.
40.31 	"Manufactured Home Building Code" means, for manufactured homes constructed 
40.32 	after June 14, 1976, the manufactured home construction and safety standards promulgated 
41.1 	by the United States Department of Housing and Urban Development which are in effect 
41.2 	at the time of the manufactured home's manufacture.

41.3 	Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
41.4 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
41.5 	administration labor and industry.

41.6 	Sec. 31. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision 
41.7 	to read:
41.8 		Subd. 6a.Individual. "Individual" means a human being.

41.9 	Sec. 32. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
41.10 		Subd. 7.Person. "Person" means a person, partnership, corporation or other legal 
41.11 	entity any individual, limited liability company, corporation, partnership, incorporated 
41.12 	or unincorporated association, sole proprietorship, joint stock company, or any other 
41.13 	legal or commercial entity.

41.14 	Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
41.15 		Subd. 15.Purchaser. "Purchaser" means the first person individual purchasing a 
41.16 	manufactured home in good faith for purposes other than resale.

41.17 	Sec. 34. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
41.18 		Subd. 8.Evidence of compliance. Each manufacturer, distributor, and dealer 
41.19 	shall establish and maintain records, make reports, and provide information as the 
41.20 	commissioner or the secretary may reasonably require to be able to determine whether 
41.21 	the manufacturer, distributor, or dealer has acted or is acting in compliance with sections  
41.22 	327.31 to  327.35, and shall, upon request of a person duly designated by the commissioner 
41.23 	or the secretary, permit that person to inspect appropriate books, papers, records, and 
41.24 	documents relevant to determining whether that manufacturer, distributor, or dealer 
41.25 	has acted or is acting in compliance with sections  327.31 to  327.35, and the National 
41.26 	Manufactured Home Construction and Safety Standards Act of 1974, United States 
41.27 	Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing 
41.28 	Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement 
41.29 	Act of 2000, or other applicable federal or state law. 

41.30 	Sec. 35. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
42.1 		Subd. 2.Fees. The commissioner shall by rule establish reasonable fees for seals, 
42.2 	installation seals and inspections which are sufficient to cover all costs incurred in the 
42.3 	administration of sections  327.31 to  327.35. The commissioner shall also establish by 
42.4 	rule a monitoring inspection fee in an amount that will comply with the secretary's fee 
42.5 	distribution program. This monitoring inspection fee shall be an amount paid by the 
42.6 	manufacturer for each manufactured home produced in Minnesota. The monitoring 
42.7 	inspection fee shall be paid by the manufacturer to the secretary. The rules of the 
42.8 	fee distribution program require the secretary to distribute the fees collected from all 
42.9 	manufactured home manufacturers among states approved and conditionally approved 
42.10 	based on the number of new manufactured homes whose first location after leaving the 
42.11 	manufacturer is on the premises of a distributor, dealer or purchaser in that state. All 
42.12 	money collected by the commissioner through fees prescribed by sections  327.31 to 
42.13 	327.36 shall be deposited in the state government special revenue fund and is appropriated 
42.14 	to the commissioner for the purpose of administering and enforcing the Manufactured 
42.15 	Home Building Code under sections  327.31 to  327.36.

42.16 	EFFECTIVE DATE. This section is effective July 1, 2007.

42.17 	Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
42.18 		Subd. 6.Authorization as agency. The commissioner shall apply to the secretary 
42.19 	for approval of the commissioner as the administrative agency for the regulation of 
42.20 	manufactured homes under the rules of the secretary. The commissioner may make 
42.21 	rules for the administration and enforcement of department responsibilities as a state 
42.22 	administrative agency including, but not limited to, rules for the handling of citizen's 
42.23 	complaints. All money received for services provided by the commissioner or the 
42.24 	department's authorized agents as a state administrative agency shall be deposited in 
42.25 	the general construction code fund. The commissioner is charged with the adoption, 
42.26 	administration, and enforcement of the Manufactured Home Construction and Safety 
42.27 	Standards, consistent with rules and regulations promulgated by the United States 
42.28 	Department of Housing and Urban Development. The commissioner may adopt the 
42.29 	rules, codes, and standards necessary to enforce the standards promulgated under this 
42.30 	section. The commissioner is authorized to conduct hearings and presentations of views 
42.31 	consistent with regulations adopted by the United States Department of Housing and 
42.32 	Urban Development and to adopt rules in order to carry out this function.

42.33 	EFFECTIVE DATE. This section is effective July 1, 2007.

43.1 	Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
43.2 		Subd. 7.Employees. The commissioner may appoint such employees within 
43.3 	the Department of Administration Labor and Industry as deemed necessary for the 
43.4 	administration of sections  327.31 to  327.35. 

43.5 	Sec. 38. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
43.6 		Subd. 3.Removal of seals. Manufactured home seals remain the property of 
43.7 	the Department of Administration Labor and Industry and may be removed by the 
43.8 	commissioner from any manufactured home which is in violation of the Manufactured 
43.9 	Home Building Code.

43.10 	Sec. 39. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
43.11 		Subdivision 1.CivilMonetary penalty. Notwithstanding the penalty amount of 
43.12 	section 326B.082, subdivisions 7 and 12, any person who violates any provision of this 
43.13 	section is liable to the state of Minnesota for a civilmonetary penalty of not to exceed 
43.14 	$1,000 for each offense violation. Each violation involving a separate manufactured home 
43.15 	or involving a separate failure or refusal to allow or perform any act required by this 
43.16 	section constitutes a separate offense violation, except that the maximum civilmonetary 
43.17 	penalties for any related series of violations occurring within one year from the date of the 
43.18 	first violation may not exceed $1,000,000.

43.19 	Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
43.20 		Subd. 2.Willful violations. Any individual or a director, officer, or agent of a 
43.21 	corporation who knowingly and willfully violates any provision of this section in a manner 
43.22 	which threatens the health or safety of any purchaser shall be fined not more than $3,000 
43.23 	or imprisoned not more than one year, or both guilty of a gross misdemeanor.

43.24 	Sec. 41. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
43.25 		Subd. 4.Commissioner. "Commissioner" means the commissioner of 
43.26 	administration labor and industry.

43.27 	Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
43.28 		Subd. 5.Consumer customer. "Consumer customer" means any natural person
43.29 	individual who, primarily for personal, household or family purposes, buys, sells, or seeks 
43.30 	to buy or sell, a manufactured home from, to or through a dealer or manufacturer.

44.1 	Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
44.2 		Subd. 7.Dealer or retailer. "Dealer" or "retailer" means any person who engages 
44.3 	in the business, either exclusively or in addition to any other occupation, of selling or 
44.4 	brokering manufactured homes, new or used, or who offers to sell, solicit, broker or 
44.5 	advertise the sale of manufactured homes, new or used.

44.6 	Sec. 44. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.7 	subdivision to read:
44.8 		Subd. 10a.Individual. "Individual" means a human being.

44.9 	Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.10 	subdivision to read:
44.11 		Subd. 11a.Licensee. "Licensee" means a person who is licensed as a dealer, limited 
44.12 	dealer, or manufacturer by the Department of Labor and Industry.

44.13 	Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.14 	subdivision to read:
44.15 		Subd. 11b.Limited dealer or limited retailer. "Limited dealer" or "limited 
44.16 	retailer" means any person who is an owner of a manufactured home park authorized, as 
44.17 	principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale 
44.18 	of used manufactured homes located in the owned manufactured home park, who is the 
44.19 	title holder and engages in no more than ten sales annually.

44.20 	Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.21 	subdivision to read:
44.22 		Subd. 14a.Manufacturing facility. "Manufacturing facility" means the physical 
44.23 	site where a manufacturer engages in the business of manufacture, assembly, or production 
44.24 	of manufactured homes.

44.25 	Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a 
44.26 	subdivision to read:
44.27 		Subd. 16a.Owner. "Owner" means any person holding title to a manufactured 
44.28 	home park or manufactured homes.

44.29 	Sec. 49. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
45.1 		Subd. 17.Person. "Person" means any individual, limited liability company, 
45.2 	corporation, firm, partnership, incorporated and unincorporated association, sole 
45.3 	proprietorship, joint stock company, or any other legal or commercial entity.

45.4 	Sec. 50. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
45.5 		Subdivision 1.License and, bond, and liability insurance required. No person 
45.6 	shall act as a dealer in manufactured homes, new or used, without a license and, a surety 
45.7 	bond, and liability insurance as provided in this section. No person shall manufacture 
45.8 	manufactured homes without a license and for each manufacturing facility shipping into or 
45.9 	located within Minnesota's boundaries, a surety bond, and liability insurance as provided 
45.10 	in this section. The licensing and bonding requirements of this section do not apply to 
45.11 	any bank, savings bank, savings association, or credit union, chartered by either this state 
45.12 	or the federal government, which acts as a dealer only by repossessing manufactured 
45.13 	homes and then offering the homes for resale.

45.14 	Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
45.15 		Subd. 4.License prerequisites. No application shall be granted nor license issued 
45.16 	until the applicant proves to the commissioner that:
45.17 	(a) the applicant has a permanent, established place of business at each licensed 
45.18 	location. An "established place of business" means a permanent enclosed building other 
45.19 	than a residence, or a commercial office space, either owned by the applicant or leased by 
45.20 	the applicant for a term of at least one year, located in an area where zoning regulations 
45.21 	allow commercial activity, and where the books, records and files necessary to conduct 
45.22 	the business are kept and maintained. The owner of a licensed manufactured home park 
45.23 	who resides in or adjacent to the park may use the residence as the established place of 
45.24 	business required by this subdivision, unless prohibited by local zoning ordinance.
45.25 	If a license is granted, the licensee may use unimproved lots and premises for sale, 
45.26 	storage, and display of manufactured homes, if the licensee first notifies the commissioner 
45.27 	in writing;
45.28 	(b) if the applicant desires to sell, solicit or advertise the sale of new manufactured 
45.29 	homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor 
45.30 	of the new manufactured home it proposes to deal in;
45.31 	(c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the 
45.32 	agency and each subagency location that bears the applicant's name and the name under 
45.33 	which the applicant will be licensed and do business in this state. Each bond is for the 
45.34 	protection of consumer customers, and must be executed by the applicant as principal and 
46.1 	issued by a surety company admitted to do business in this state. The Each  bond shall be 
46.2 	exclusively for the purpose of reimbursing consumer customers and shall be conditioned 
46.3 	upon the faithful compliance by the applicant with all of the laws and rules of this state 
46.4 	pertaining to the applicant's business as a dealer or manufacturer, including sections  
46.5 	325D.44,  325F.67 and  325F.69, and upon the applicant's faithful performance of all its 
46.6 	legal obligations to consumer customers; and (2) a certificate of liability insurance in the 
46.7 	amount of $1,000,000 that provides coverage for the agency and each subagency location;
46.8 	(d) the applicant has established a trust account as required by section  327B.08, 
46.9 	subdivision 3, unless the applicant states in writing its intention to limit its business to 
46.10 	selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and 
46.11 	(e) the applicant has provided evidence of having had at least two years' prior 
46.12 	experience in the sale of manufactured homes, working for a licensed dealer.

46.13 	Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
46.14 		Subd. 6.Certificate of license. For each license granted the commissioner shall 
46.15 	issue a certificate which includes the name of the licensee, the name of the surety company 
46.16 	and the amount of the surety bond, and the insurance underwriter and policy number, the 
46.17 	names and addresses of any related principal or subagencies, and a license number.

46.18 	Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
46.19 		Subd. 7.Fees; licenses; when granted. Each application for a license or license 
46.20 	renewal must be accompanied by a fee in an amount established by the commissioner 
46.21 	by rule pursuant to section  327B.10. The fees shall be set in an amount which over 
46.22 	the fiscal biennium will produce revenues approximately equal to the expenses which 
46.23 	the commissioner expects to incur during that fiscal biennium while administering and 
46.24 	enforcing sections  327B.01 to  327B.12. All money collected by the commissioner 
46.25 	through fees prescribed in sections  327B.01 to  327B.12 shall be deposited in the state 
46.26 	government special revenue fund and is appropriated to the commissioner for purposes of 
46.27 	administering and enforcing the provisions of this chapter. The commissioner shall grant 
46.28 	or deny a license application or a renewal application within 60 days of its filing. If the 
46.29 	license is granted, the commissioner shall license the applicant as a dealer or manufacturer 
46.30 	for the remainder of the calendar year. Upon application by the licensee, the commissioner 
46.31 	shall renew the license for a two year period, if: 
46.32 	(a) the renewal application satisfies the requirements of subdivisions 3 and 4;
46.33 	(b) the renewal applicant has made all listings, registrations, notices and reports 
46.34 	required by the commissioner during the preceding year; and
47.1 	(c) the renewal applicant has paid all fees owed pursuant to sections  327B.01 to  
47.2 	327B.12 and all taxes, arrearages, and penalties owed to the state. 

47.3 	EFFECTIVE DATE. This section is effective July 1, 2007.

47.4 	Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
47.5 		Subd. 8.Limited dealer's license. The commissioner shall issue a limited dealer's 
47.6 	license to an owner of a manufactured home park authorizing the licensee as principal 
47.7 	only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 
47.8 	manufactured homes located in the owned manufactured home park. The licensee must 
47.9 	be the title holder of the homes and may engage in no more than ten sales annually. An 
47.10 	owner may, upon payment of the applicable fee and compliance with this subdivision, 
47.11 	obtain a separate license for each owned manufactured home park and is entitled to sell up 
47.12 	to ten homes per license provided that only one limited dealer license may be issued for 
47.13 	each park. The license shall be issued after:
47.14 	(1) receipt of an application on forms provided by the commissioner containing 
47.15 	the following information:
47.16 	(i) the identity of the applicant;
47.17 	(ii) the name under which the applicant will be licensed and do business in this state;
47.18 	(iii) the name and address of the owned manufactured home park, including a copy 
47.19 	of the park license, serving as the basis for the issuance of the license; and
47.20 	(iv) the name, home, and business address of the applicant;
47.21 	(v) the name, address, and telephone number of one individual that is designated 
47.22 	by the applicant to receive all communications and cooperate with all inspections and 
47.23 	investigations of the commissioner pertaining to the sale of manufactured homes in the 
47.24 	manufactured home park owned by the applicant;
47.25 	(vi) whether the applicant or its designated individual has been convicted of a crime 
47.26 	within the previous ten years that is either related directly to the business for which the 
47.27 	license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a 
47.28 	judgment in a civil action involving fraud, misrepresentation, or conversion within the 
47.29 	previous five years or has had any government license or permit suspended or revoked 
47.30 	as a result of an action brought by a federal or state governmental agency in this or any 
47.31 	other state within the last five years; and
47.32 	(vii) the applicant's qualifications and business history, including whether the 
47.33 	applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has 
47.34 	any unsatisfied court judgments outstanding against it or them;
47.35 	(2) payment of a $100 annual fee; and
48.1 	(3) provision of a surety bond in the amount of $5,000. A separate surety bond 
48.2 	must be provided for each limited license.
48.3 	The applicant need not comply with section  327B.04, subdivision 4, paragraph (e). 
48.4 	The holding of a limited dealer's license does not satisfy the requirement contained in 
48.5 	section  327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 
48.6 	to obtaining a dealer license. The commissioner may, upon application for a renewal of 
48.7 	a license, require only a verification that copies of sales documents have been retained 
48.8 	and payment of a $100 renewal fee. "Sales documents" mean only the safety feature 
48.9 	disclosure form defined in section  327C.07, subdivision 3a, title of the home, financing 
48.10 	agreements, and purchase agreements. 
48.11 	The license holder shall, upon request of the commissioner, make available for 
48.12 	inspection during business hours sales documents required to be retained under this 
48.13 	subdivision.

48.14 	Sec. 55. Minnesota Statutes 2006, section 327B.04, is amended by adding a 
48.15 	subdivision to read:
48.16 		Subd. 8a.Service. Service of a document on a limited dealer licensed under this 
48.17 	section may be effected by mail to or by personal service on: (1) the licensee at the 
48.18 	licensee's last known address; or (2) the individual designated by the licensee at that 
48.19 	individual's last known address.

48.20 	Sec. 56. [327B.042] NOTICE TO COMMISSIONER.
48.21 		Subdivision 1.Notification. A person licensed as a dealer, limited dealer, or 
48.22 	manufacturer shall notify the commissioner of the occurrence of any of the events in 
48.23 	subdivisions 2 to 5.
48.24 		Subd. 2.Change in application information. A licensee shall notify the 
48.25 	commissioner in writing within ten days of the change of any change in information 
48.26 	contained in the most recent license application on file with the commissioner, which 
48.27 	shall include any change in the information pertaining to the individual designated under 
48.28 	section 327B.04, subdivision 8, clause (1), item (vi).
48.29 		Subd. 3.Civil judgment. A licensee shall notify the commissioner in writing 
48.30 	within ten days of any decision of a court regarding a proceeding in which the licensee 
48.31 	was named as a defendant, and in which fraud, misrepresentation, or the conversion of 
48.32 	funds was found to have been committed by the licensee.
48.33 		Subd. 4.Disciplinary action in another state. A licensee shall notify the 
48.34 	commissioner in writing within ten days of the condition, reprimand, censure, limitation, 
49.1 	suspension, or revocation of any other professional or occupational license, registration, 
49.2 	permit, or certificate held by the licensee in this or any other state, or any other United 
49.3 	States jurisdiction.
49.4 		Subd. 5.Criminal offense. A licensee shall notify the commissioner in 
49.5 	writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, 
49.6 	misdemeanor, or any comparable offense related to manufactured home sales, improper 
49.7 	business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer 
49.8 	laws in this or any other state, or any other United States jurisdiction.

49.9 	Sec. 57. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
49.10 		Subdivision 1.Grounds. In addition to the grounds in section 326B.082, 
49.11 	subdivision 11, the commissioner may by order deny, suspend, limit, place conditions 
49.12 	on, or revoke any the application or license on finding (1) that the order is in the public 
49.13 	interest and (2) that the of any applicant or licensee or any of its directors, officers, limited 
49.14 	or general partners, controlling shareholders, or affiliates for any of the following grounds:
49.15 	(a) has filed an application for a license or a license renewal which fails to disclose 
49.16 	any material information or contains any statement which is false or misleading with 
49.17 	respect to any material fact;
49.18 	(b) (a) has violated any of the provisions of sections  327B.01 to  327B.12 or any 
49.19 	rule or order issued by the commissioner or any prior law providing for the licensing of 
49.20 	manufactured home dealers or manufacturers; 
49.21 	(c) (b) has had a previous manufacturer or dealer license revoked in this or any 
49.22 	other state;
49.23 	(d) (c) has engaged in acts or omissions which have been adjudicated or amount to a 
49.24 	violation of any of the provisions of section  325D.44,  325F.67 or  325F.69; 
49.25 	(e) (d) has sold or brokered the sale of a home containing a material violation of 
49.26 	sections  327.31 to  327.35 about which the dealer knew or which should have been obvious 
49.27 	to a reasonably prudent dealer; 
49.28 	(f) (e) has failed to make or provide all listings, notices and reports required by 
49.29 	the commissioner;
49.30 	(g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten 
49.31 	days after the assessment becomes final;
49.32 	(h) (g) has failed to pay to the commissioner or other responsible government agency 
49.33 	all taxes, fees and arrearages due;
49.34 	(i) (h) has failed to duly apply for license renewal;
49.35 	(j) (i) has violated any applicable manufactured home building or safety code;
50.1 	(k) (j) has failed or refused to honor any express or implied warranty as provided 
50.2 	in section  327B.03; 
50.3 	(l) (k) has failed to continuously occupy a permanent, established place of business 
50.4 	licensed under section  327B.04; 
50.5 	(m) (l) has, without first notifying the commissioner, sold a new and unused 
50.6 	manufactured home other than the make of manufactured home described in a franchise or 
50.7 	contract filed with the application for license or license renewal;
50.8 	(n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
50.9 	(o) (n) is insolvent or bankrupt;
50.10 	(p) (o) holds an impaired or canceled bond;
50.11 	(q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten 
50.12 	days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
50.13 	(r) (q) has, within the previous ten years, been convicted of a crime that either related 
50.14 	directly to the business of the dealer or manufacturer or involved fraud, misrepresentation 
50.15 	or misuse of funds;
50.16 	(s) (r) has suffered a judgment within the previous five years in a civil action 
50.17 	involving fraud, misrepresentation or misuse of funds; or
50.18 	(t) (s) has failed to reasonably supervise any employee or agent of the dealer or 
50.19 	manufacturer, resulting in injury or harm to the public.
50.20 	The commissioner may establish rules pursuant to section  327B.10 further 
50.21 	specifying, defining or establishing standards of conduct for manufactured home dealers 
50.22 	and manufacturers. 

50.23 	Sec. 58. Minnesota Statutes 2006, section 327B.10, is amended to read:
50.24 	327B.10 RULEMAKING AUTHORITY.
50.25 	The commissioner may promulgate rules and issue orders reasonably necessary 
50.26 	to implement and administer the provisions of sections 327B.01 to 327B.12. The 
50.27 	commissioner shall adopt rules establishing and approving education programs for 
50.28 	manufactured home installers. Each manufactured home installer must satisfactorily 
50.29 	complete the continuing education requirements established by the commissioner in rule.

50.30 	Sec. 59. REVISOR'S INSTRUCTION.
 50.31 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
50.32 	column A with the number listed in column B. The revisor shall also make necessary 
50.33 	cross-reference changes consistent with the renumbering.

51.1		Column A
	Column B
	
51.2		16B.59
	326B.101
	
51.3		16B.60, subd. 1
	326B.103, subd. 1
	
51.4		16B.60, subd. 2
	326B.103, subd. 4
	
51.5		16B.60, subd. 3
	326B.103, subd. 9
	
51.6		16B.60, subd. 4
	326B.103, subd. 5
	
51.7		16B.60, subd. 5
	326B.103, subd. 3
	
51.8		16B.60, subd. 6
	326B.103, subd. 11
	
51.9		16B.60, subd. 7
	326B.103, subd. 10
	
51.10		16B.60, subd. 8
	326B.103, subd. 12
	
51.11		16B.60, subd. 9
	326B.103, subd. 8
	
51.12		16B.60, subd. 10
	326B.103, subd. 7
	
51.13		16B.60, subd. 11
	326B.103, subd. 13
	
51.14		16B.60, subd. 12
	326B.103, subd. 6
	
51.15		16B.60, subd. 13
	326B.103, subd. 2
	
51.16		16B.61
	326B.106
	
51.17		16B.615
	326B.109
	
51.18		16B.616
	326B.112
	
51.19		16B.617
	326B.115
	
51.20		16B.6175
	326B.118
	
51.21		16B.62
	326B.121
	
51.22		16B.625
	326B.124
	
51.23		16B.63
	326B.127
	
51.24		16B.64
	326B.13
	
51.25		16B.65
	326B.133
	
51.26		16B.66
	326B.136
	
51.27		16B.67
	326B.139
	
51.28		16B.68
	326B.142
	
51.29		16B.685
	326B.145
	
51.30		16B.70
	326B.148
	
51.31		16B.71
	326B.151
	
51.32		16B.72
	326B.154
	
51.33		16B.73
	326B.157
	
51.34		16B.735
	326B.16
	
51.35		16B.74
	326B.163
	
51.36		16B.741
	326B.166
	
51.37		16B.742
	326B.169
	
51.38		16B.743
	326B.172
	
51.39		16B.744
	326B.175
	
51.40		16B.745
	326B.178
	
51.41		16B.746
	326B.181
	
51.42		16B.747
	326B.184
	
51.43		16B.748
	326B.187
	
52.1		16B.749
	326B.191
	
52.2		16B.75
	326B.194
	
52.3		16B.76
	326B.07
	
52.4		326.992
	326B.197

52.5 	ARTICLE 5
52.6 	ELECTRICAL

52.7 	Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
52.8 		Subd. 2.Class A master electrician. The term "Class A master electrician" 
52.9 	means a person an individual having the necessary qualifications, training, experience, 
52.10 	and technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
52.11 	altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power, 
52.12 	and other purposes perform and supervise any electrical work, and who is licensed as such
52.13 	a Class A master electrician by the Board of Electricity commissioner.

52.14 	Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
52.15 		Subd. 3.Class A journeyman electrician. The term "Class A journeyman 
52.16 	electrician" means a person an individual having the necessary qualifications, training, 
52.17 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
52.18 	altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, 
52.19 	power, and other purposes perform and supervise any electrical work except for planning 
52.20 	or laying out of electrical wiring, and who is licensed as such a Class A journeyman 
52.21 	electrician by the Board of Electricity.

52.22 	Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 
52.23 	to read:
52.24 		Subd. 4a.Elevator constructor. "Elevator constructor" means an individual having 
52.25 	the necessary qualifications, training, experience, and technical knowledge to wire for, 
52.26 	install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and 
52.27 	escalators and who is licensed as an elevator constructor by the board.

52.28 	Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 
52.29 	to read:
52.30 		Subd. 4b.Elevator contractor. "Elevator contractor" means a licensed contractor 
52.31 	whose responsible licensed individual is a licensed master elevator constructor. An 
52.32 	elevator contractor license does not itself qualify its holder to perform or supervise the 
53.1 	electrical/elevator work authorized by holding any other personal license issued by the 
53.2 	board.

53.3 	Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 
53.4 	to read:
53.5 		Subd. 4c.Lineman. "Lineman" means an individual having the necessary 
53.6 	qualifications, training, experience, and technical knowledge to construct and maintain 
53.7 	transmission and distribution systems that are or will be owned or leased by an electrical 
53.8 	utility, and who is licensed as a lineman by the board.

53.9 	Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 
53.10 	to read:
53.11 		Subd. 4d.Maintenance electrician. "Maintenance electrician" means an individual 
53.12 	having the necessary qualifications, training, experience, and technical knowledge to 
53.13 	properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed 
53.14 	as a maintenance electrician by the board or who is exempt from licensing by sections 
53.15 	326.241 to 326.248.

53.16 	Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 
53.17 	to read:
53.18 		Subd. 4e.Master elevator constructor. "Master elevator constructor" means 
53.19 	an individual having the necessary qualifications, training, experience, and technical 
53.20 	knowledge to properly plan, lay out, and supervise the installation, maintenance, and 
53.21 	repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed 
53.22 	as a master elevator constructor by the board.

53.23 	Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
53.24 		Subd. 5.Contractor. The term "Contractor" means a person, partnership, or 
53.25 	corporation operating a business that undertakes who performs or offers to undertake to 
53.26 	plan for, lay out, or install or to make additions, alterations, or repairs in the installation 
53.27 	of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes
53.28 	perform any electrical work, with or without compensation, who is licensed as such a 
53.29 	contractor by the Board of Electricity. A contractor's license does not of itself qualify its 
53.30 	holder to perform or supervise the electrical work authorized by holding any class of 
53.31 	electrician's or other personal electrical license. Contractor includes electrical contractors 
53.32 	and technology system contractors.

54.1 	Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
54.2 		Subd. 6.Class B master electrician. The term "Class B master electrician" means 
54.3 	a person an individual having the necessary qualifications, training, experience, and 
54.4 	technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
54.5 	altering, and repairing of electrical wiring, apparatus, and equipment for single phase 
54.6 	systems of not over 200 ampere capacity for light, heat, power, and other purposes on any 
54.7 	farm or in any single family dwelling located in any town or municipality which has a 
54.8 	population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B 
54.9 	master electrician by the Board of Electricity.

54.10 	Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
54.11 		Subd. 6a.Class B journeyman electrician. The term "Class B journeyman 
54.12 	electrician" means a person an individual having the necessary qualifications, training, 
54.13 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
54.14 	altering, or repairing of electrical wiring, apparatus, and equipment for single phase 
54.15 	systems of not more than 200 ampere capacity for light, heat, power, and other purposes 
54.16 	on any farm or in any single family dwelling located in any town or municipality which 
54.17 	has a population of less than 2500 2,500 inhabitants, and who is licensed as such a Class B 
54.18 	journeyman electrician by the Board of Electricity.

54.19 	Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
54.20 		Subd. 6b.Class A installer. The term "Class A installer" means a person an 
54.21 	individual who has the necessary qualifications, training, experience, and technical 
54.22 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment for 
54.23 	major electrical home appliances and such other electrical equipment as is determined 
54.24 	by the state Board of Electricity pursuant to section  326.242, subdivision 3, on the load 
54.25 	side of the main service on farmsteads or in any town or municipality with less than 1,500 
54.26 	inhabitants, which is not contiguous to a city of the first class and does not contain an 
54.27 	established business of a master electrician, and who is licensed as such a Class A installer
54.28 	by the state Board of Electricity. 

54.29 	Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
54.30 		Subd. 6c.Class B installer. The term "Class B installer" means a person an 
54.31 	individual who has the necessary qualifications, training, experience, and technical 
54.32 	knowledge to properly lay out and install electrical wiring, apparatus, and equipment on 
54.33 	center pivot irrigation booms on the load side of the main service on farmsteads, and 
55.1 	install other electrical equipment determined by the state Board of Electricity., and who is 
55.2 	licensed as a Class B installer must be licensed by the Board of Electricity.

55.3 	Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
55.4 		Subd. 6e.Owner. An owner is a natural person an individual who physically 
55.5 	performs electrical work on premises the person individual owns and actually occupies as 
55.6 	a residence or owns and will occupy as a residence upon completion of its construction.

55.7 	Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
55.8 		Subd. 6f.Electrical work. The term "Electrical work" means the installing, 
55.9 	altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
55.10 	for electrical light, heat, power, technology circuits or systems, or other purposes. The 
55.11 	installing, alteration altering, repairing, planning, or laying out of electrical wiring, 
55.12 	apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
55.13 	or other purposes includes, but is not limited to, the performance of any work governed
55.14 	regulated by the standards referred to in section  326.243. 

55.15 	Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
55.16 		Subd. 6g.Personal Direct supervision. The term "personal "Direct supervision" 
55.17 	means that a person licensed to perform electrical work oversees and directs the electrical 
55.18 	work performed by an unlicensed person such that:
55.19 	(1) the licensed person actually reviews the electrical work performed by the 
55.20 	unlicensed person an unlicensed individual is being supervised by an individual licensed 
55.21 	to perform the electrical work being supervised;
55.22 	(2) during the entire working day of the unlicensed individual, the licensed 
55.23 	individual is physically present at the location where the unlicensed individual is 
55.24 	performing electrical work and immediately available to the unlicensed individual;
55.25 	(3) the licensed person individual is physically present and immediately available to 
55.26 	the unlicensed person individual at all times for assistance and direction;
55.27 	(4) electronic supervision does not meet the requirement of physically present and 
55.28 	immediately available;
55.29 	(5) the licensed individual shall review the electrical work performed by the 
55.30 	unlicensed individual before the electrical work is operated; and
55.31 	(3) (6) the licensed person individual is able to and does determine that all electrical 
55.32 	work performed by the unlicensed person individual is performed in compliance with 
55.33 	section  326.243. 
56.1 	The licensed person individual is responsible for the compliance with section  
56.2 	326.243 of all electrical work performed by the unlicensed person individual. 

56.3 	Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
56.4 		Subd. 6j.Residential dwelling. A "residential dwelling" is an individual dwelling 
56.5 	of a single dwelling unit that is contained in a one-family, two-family, or multifamily 
56.6 	dwelling as defined in the National Electrical Code pursuant to section  326.243, including 
56.7 	its garage or accessory building. A residential dwelling includes a garage and accessory 
56.8 	building that can only be used by the residents of the single dwelling unit.

56.9 	Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
56.10 		Subd. 6k.Power limited technician. The term "Power limited technician" means 
56.11 	a person an individual having the necessary qualifications, training, experience, and 
56.12 	technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 
56.13 	altering, and repairing of electrical wiring, apparatus, and equipment for technology 
56.14 	circuits or systems, and who is licensed as such a power limited technician by the Board 
56.15 	of Electricity.

56.16 	Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
56.17 		Subd. 6l.Technology circuits or systems. "Technology circuits or systems" means 
56.18 	class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, 
56.19 	control, alarm, and audio signal, including associated components as covered by the 
56.20 	National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are 
56.21 	isolated from circuits or systems other than class 2 or class 3 by a demarcation and are 
56.22 	not process control circuits or systems; antenna and communication circuits or systems 
56.23 	as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for 
56.24 	indoor lighting and outdoor landscape lighting systems that are supplied by the secondary 
56.25 	circuit of an isolating power supply operating at 30 volts or less as covered by the National 
56.26 	Electrical Code, article 411. The planning, laying out, installing, altering, and repairing 
56.27 	of technology circuits or systems must be performed in accordance with the applicable 
56.28 	requirements of the National Electrical Code pursuant to section 326.243. 

56.29 	Sec. 19. [326.2411] ELECTRICAL ADVISORY COUNCIL.
56.30 		Subdivision 1.Composition. The Electrical Advisory Council shall consist of 11 
56.31 	members who are residents of the state and appointed by the commissioner. Two shall 
56.32 	be representatives of the electrical suppliers in the rural areas of the state, two shall be 
57.1 	master electricians who are contractors, two journeyman electricians, one a registered 
57.2 	consulting electrical engineer, two power-limited technicians who shall be technology 
57.3 	system contractors primarily engaged in the business of installing technology circuits 
57.4 	or systems, and two public members as defined by section 214.02. Individuals serving 
57.5 	upon enactment shall continue to serve their terms and in the position to which they were 
57.6 	appointed. The department shall make provisions for staff, administrative services, and 
57.7 	office space as necessary for council operations determined by the advisory council.
57.8 		Subd. 2.Organization. (a) The advisory council shall be organized and 
57.9 	administered according to section 15.059, except that, notwithstanding any other law 
57.10 	to the contrary, the advisory council shall not expire. The advisory council shall form 
57.11 	a complaint committee, a technical committee, a program committee, and any other 
57.12 	committee deemed appropriate by the advisory council. Each committee, except for the 
57.13 	complaint committee, shall refer matters to the full advisory council.
57.14 	(b) The complaint committee shall consist of three members of the advisory 
57.15 	council plus one department employee designated by the commissioner. The department 
57.16 	employee shall be a nonvoting member of the committee. The commissioner shall refer all 
57.17 	complaints filed with or information received by the commissioner alleging or indicating 
57.18 	violation of sections 326.241 to 326.248 to the Electrical Advisory council. The complaint 
57.19 	committee may render advice to the commissioner or, at its discretion, refer matters to 
57.20 	the full advisory council for its determination as to advice to the commissioner. The full 
57.21 	advisory council shall give advice to the commissioner on matters of its choosing or on 
57.22 	matters requested by the commissioner. The commissioner shall give a quarterly review of 
57.23 	all complaints, the complaint status, and the processing time to the complaint committee, 
57.24 	in a format determined by the complaint committee. 
57.25 	(c) The technical committee shall consist of three members of the advisory council 
57.26 	plus one department employee designated by the commissioner. The department employee 
57.27 	shall be a nonvoting member of the committee. The technical committee shall, at the 
57.28 	request of the commissioner or on its own motion, advise the commissioner regarding 
57.29 	technical, matters including electrical code issues, licensing issues, and licensing 
57.30 	examinations.
57.31 	(d) The program committee shall consist of three members of the advisory council 
57.32 	plus one department employee designated by the commissioner. The department employee 
57.33 	shall be a nonvoting member of the committee. The program committee shall, at the 
57.34 	request of the commissioner or on its own motion, advise the commissioner on matters it 
57.35 	has reviewed, including experience credits.
57.36 		Subd. 3.Powers. The advisory council shall have power to: 
58.1 	(1) elect its own officers;
58.2 	(2) select from its members individuals to serve on any other state advisory councils, 
58.3 	boards, or committees;
58.4 	(3) incur costs and expenses deemed necessary in the performance of its duties, 
58.5 	which shall be paid by the department;
58.6 	(4) meet at least quarterly but may meet more frequently in regular or special 
58.7 	meetings deemed necessary or at the request of the commissioner;
58.8 	(5) establish the required committees and any others deemed necessary or requested 
58.9 	by the commissioner; and 
58.10 	(6) advise the commissioner on issues related to sections 326.241 to 326.248 or as 
58.11 	requested by the commissioner.

58.12 	Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
58.13 	326.242 LICENSES.
58.14 		Subdivision 1.Master electrician. Except as otherwise provided by law, no person
58.15 	individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, or 
58.16 	repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other 
58.17 	purposes perform or supervise electrical work unless the person individual is: (a) licensed 
58.18 	by the board as a master electrician; and (b)(i) the electrical work is for a licensed 
58.19 	contractor and the person individual is an employee, partner, or officer of, or is the licensed 
58.20 	contractor, or (ii) the electrical work is performed for the person's individual's employer 
58.21 	on electric electrical wiring, apparatus, equipment, or facilities that are owned or leased by 
58.22 	the employer which is and that are located within the limits of property which is operated, 
58.23 	maintained, and either owned or leased and operated and maintained by the employer.
58.24 	(1) An applicant for a Class A master electrician's electrician license shall (a) be a 
58.25 	graduate of a four-year electrical course in offered by an accredited college or university; 
58.26 	or (b) shall have had at least one year's year of experience, acceptable to the board, as a 
58.27 	licensed journeyman; or (c) shall have had at least five years' experience, acceptable to 
58.28 	the board, in planning for, laying out, supervising and installing wiring, apparatus, or 
58.29 	equipment for electrical light, heat and power.
58.30 	(2) As of August 1, 1985, no new Class B master electrician's electrician licenses 
58.31 	shall be issued. An individual who has a Class B master electrician's electrician license as 
58.32 	of August 1, 1985, may retain and renew the license and exercise the privileges it grants, 
58.33 	which include electrical work limited to single phase systems, not over 200 amperes in 
58.34 	capacity, on farmsteads or single-family dwellings located in towns or municipalities 
58.35 	with fewer than 2,500 inhabitants.
59.1 		Subd. 2.Journeyman electrician. (a) Except as otherwise provided by law, no 
59.2 	person individual shall install, alter, repair, or supervise the installing, altering, or repairing 
59.3 	of electrical wiring, apparatus, or equipment for electrical light, heat, power, technology 
59.4 	circuits or systems, or other purposes unless:
59.5 	(1) the person individual is licensed by the board as a journeyman electrician; and
59.6 	(2) the electrical work is:
59.7 	(i) for a contractor and the person individual is an employee, partner, or officer of 
59.8 	the licensed contractor; or
59.9 	(ii) performed under the supervision of a master electrician also employed by the 
59.10 	person's individual's employer on electrical wiring, apparatus, equipment, or facilities
59.11 	that are owned or leased by the employer and that is are located within the limits of 
59.12 	property operated, maintained, and either owned or leased, operated, and maintained by 
59.13 	the employer.
59.14 	(b) An applicant for a Class A journeyman electrician's electrician license shall have 
59.15 	had at least four years of experience as a registered apprentice or an unlicensed individual, 
59.16 	acceptable to the board, in wiring for, installing, and repairing electrical wiring, apparatus, 
59.17 	or equipment, provided however, that the board may by rule provide for the allowance of
59.18 	allow one year of experience credit for the successful completion of a two-year post high 
59.19 	school electrical course approved by the board.
59.20 	(c) As of August 1, 1985, no new Class B journeyman electrician's electrician
59.21 	licenses shall be issued. An individual who holds a Class B journeyman electrician's
59.22 	electrician license as of August 1, 1985, may retain and renew the license and exercise the 
59.23 	privileges it grants, which include electrical work limited to single phase systems, not over 
59.24 	200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or 
59.25 	municipalities with fewer than 2,500 inhabitants.
59.26 		Subd. 3.Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 
59.27 	6, any person individual holding a Class A installer license may lay out and install and 
59.28 	supervise the laying out and installing of electrical wiring, apparatus, or equipment for 
59.29 	major electrical home appliances on the load side of the main service on farmsteads and in 
59.30 	any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to 
59.31 	a city of the first class and does not contain an established business of a contractor. No 
59.32 	new Class A installer licenses shall be issued after December 1, 2007. An individual 
59.33 	who holds a Class A installer license as of December 1, 2007, may retain and renew the 
59.34 	license and exercise the privileges it grants.
59.35 		Subd. 3a.Class B installer. Notwithstanding the provisions of subdivisions 1, 2 
59.36 	and 6, any person individual holding a Class B installer license may lay out and install 
60.1 	electrical wiring, apparatus and equipment on center pivot irrigation booms on the load 
60.2 	side of the main service on farmsteads, and install such other electrical equipment as is 
60.3 	determined approved by the board.
60.4 		Subd. 3b.Coursework or experience. An applicant for a Class A or B installer 
60.5 	license shall have completed a post high school course in electricity acceptable to
60.6 	approved by the board or shall have had at least one year's year of experience, acceptable 
60.7 	to approved by the board, in electrical wiring.
60.8 		Subd. 3c.Bond. Every Class A and Class B installer, as a condition of licensure, 
60.9 	shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful 
60.10 	performance of all work contracted for or entered upon by the installer within the state of 
60.11 	Minnesota, and such bond shall be for the benefit of persons injured or suffering financial 
60.12 	loss by reason of failure of such performance. Such bond shall be in lieu of all other 
60.13 	license bonds to any political subdivision of the state. Such bond shall be written by a 
60.14 	corporate surety licensed to do business in the state of Minnesota.
60.15 		Subd. 3d.Power limited technician. (a) Except as otherwise provided by law, 
60.16 	no person individual shall install, alter, repair, plan, lay out, or supervise the installing, 
60.17 	altering, or repairing, planning, or laying out of electrical wiring, apparatus, or equipment 
60.18 	for technology circuits or systems unless:
60.19 	(1) the person individual is licensed by the board commissioner as a power limited 
60.20 	technician; and
60.21 	(2) the electrical work is:
60.22 	(i) for a licensed contractor and the person individual is an employee, partner, or 
60.23 	officer of, or is the licensed contractor; or
60.24 	(ii) performed under the supervision of a master electrician or power limited 
60.25 	technician also employed by the person's individual's employer on technology circuits, 
60.26 	systems, apparatus, equipment, or facilities that are owned or leased by the employer and
60.27 	that are located within the limits of property operated, maintained, and either owned or 
60.28 	leased, operated, and maintained by the employer.
60.29 	(b) An applicant for a power limited technician's license shall (1) be a graduate 
60.30 	of a four-year electrical course in offered by an accredited college or university; or (2) 
60.31 	have had at least 36 months' experience, acceptable to the board, in planning for, laying 
60.32 	out, supervising, and installing, altering, and repairing wiring, apparatus, or equipment 
60.33 	for power limited systems, provided however, that the board may by rule provide for the 
60.34 	allowance of up to 12 months (2,000 hours) of experience credit for successful completion 
60.35 	of a two-year post high school electrical course or other technical training approved by 
60.36 	the board.
61.1 	(c) The board may initially set experience requirements without rulemaking, but 
61.2 	must adopt rules before July 1, 2004.
61.3 	(d) Licensees must attain eight hours of continuing education acceptable to the 
61.4 	board every renewal period.
61.5 	(e) A person who has submitted an application by June 30, 2003, to take the alarm 
61.6 	and communications examination administered by the board, and who has achieved a 
61.7 	minimal score of 70 percent on the examination by September 30, 2003, may obtain a 
61.8 	power limited technician license without further examination by submitting an application 
61.9 	and a license fee of $30.
61.10 	(f) (c) A company holding an alarm and communication license as of June 30, 2003, 
61.11 	may designate one person individual who may obtain a power limited technician license 
61.12 	without passing an examination administered by the board commissioner by submitting an 
61.13 	application and license fee of $30.
61.14 	(g) A person who has submitted an application by September 30, 2005, to take the 
61.15 	power limited technician examination administered by the board is not required to meet 
61.16 	the qualifications set forth in paragraph (b).
61.17 		Subd. 4.Special electrician. Notwithstanding the provisions of subdivisions 1, 2, 
61.18 	6, and 7, the board may by rule provide for the issuance of special electrician licenses 
61.19 	empowering the licensee to engage in a limited class or classes of electrical work, which 
61.20 	class or classes shall be specified on the license certificate. Each licensee shall have had 
61.21 	at least two years of experience, acceptable to the board, in each such limited class of 
61.22 	work for which the licensee is licensed.
61.23 		Subd. 5.Unlicensed persons individuals. (a) An unlicensed personindividual 
61.24 	means an individual who has not been licensed by the Board of Electricity as a Class A 
61.25 	master electrician, a Class A journeyman electrician, or registered with the department 
61.26 	in an approved apprenticeship program. An unlicensed individual shall not perform 
61.27 	electrical work unless the individual has first registered with the Board of Electricity as an 
61.28 	unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical 
61.29 	work unless the work is performed under the personaldirect supervision of a personan 
61.30 	individual actually licensed to perform such work and. The licensed electricianindividual 
61.31 	and unlicensed persons areindividual must be employed by the same employer. Licensed 
61.32 	personsindividuals shall not permit unlicensed personsindividuals to perform electrical 
61.33 	work except under the personaldirect supervision of a personan individual actually 
61.34 	licensed to perform such work. Unlicensed personsindividuals shall not supervise the 
61.35 	performance of electrical work or make assignments of electrical work to unlicensed 
61.36 	persons individuals. Except for technology circuit or system work, each licensed persons
62.1 	individual shall supervise no more than twoone unlicensed persons individual. For 
62.2 	technology circuit or system work, each licensed personsindividual shall supervise no 
62.3 	more than three unlicensed persons individuals.
62.4 	(b) Notwithstanding any other provision of this section, no personindividual other 
62.5 	than a licensed master electrician or licensed power limited technician shall plan or lay out 
62.6 	electrical wiring, apparatus, or equipment for light, heat, power, or other purposes, except 
62.7 	circuits or systems exempted from personal licensing by subdivision 12, paragraph (b).
62.8 	(c) Contractors employing unlicensed persons performingindividuals to perform 
62.9 	electrical work shall maintain records establishing compliance with this subdivision, 
62.10 	whichthat shall designateidentify all unlicensed personsindividuals performing electrical 
62.11 	work, except for persons working on circuits or systems exempted from personal licensing 
62.12 	by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such 
62.13 	records as provided for in section 326.244, subdivision 6. 
62.14 	(d) When a licensed individual supervises the electrical work of an unlicensed 
62.15 	individual, the licensed individual is responsible for ensuring that the electrical work 
62.16 	complies with sections 326.241 to 326.248 and rules adopted.
62.17 		Subd. 6.Contractor's license required. Except as otherwise provided by law, no 
62.18 	personindividual other than an employee, partner, or officer of a licensed contractor, as 
62.19 	defined by section 326.01, subdivision 5, shall undertakeperform or offer to undertake to 
62.20 	plan for, lay out, supervise or install or to make additions, alterations, or repairs in the 
62.21 	installation of electrical wiring, apparatus, and equipment for light, heat, power, and 
62.22 	other purposesperform electrical work with or without compensation unless the person
62.23 	individual obtains a contractor's license. A contractor's license does not of itself qualify 
62.24 	its holder to perform or supervise the electrical work authorized by holding any class of 
62.25 	personal electrical license. 
62.26 		Subd. 6a.Bond required. As a condition of licensing, each contractor shall give 
62.27 	and maintain bond to the state in the penal sum of $5,000 $25,000 conditioned upon the 
62.28 	faithful and lawful performance of all work entered upon contracted for or performed
62.29 	by the contractor within the state of Minnesota and such bond shall be for the benefit 
62.30 	of persons injured or suffering financial loss by reason of failure of such performance. 
62.31 	The bond shall be filed with the board and shall be in lieu of all other license bonds to 
62.32 	any other political subdivision. Such bond shall be written by a corporate surety licensed 
62.33 	to do business in the state of Minnesota.
62.34 		Subd. 6b.Insurance required. Each contractor shall have and maintain in effect 
62.35 	general liability insurance, which includes premises and operations insurance and products 
62.36 	and completed operations insurance, with limits of at least $100,000 per occurrence, 
63.1 	$300,000 aggregate limit for bodily injury, and property damage insurance with limits 
63.2 	of at least $25,000 $50,000 or a policy with a single limit for bodily injury and property 
63.3 	damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance 
63.4 	shall be written by an insurer licensed to do business in the state of Minnesota and each 
63.5 	contractor shall maintain on file with the board a certificate evidencing such insurance 
63.6 	which provides that such insurance shall not be canceled without the insurer first giving 
63.7 	15 days written notice to the board of such cancellation.
63.8 		Subd. 6c.Employment of master electrician or power limited technician. (a) No 
63.9 	contractor shall engage in business of electrical contracting unless the contractor employs 
63.10 	a licensed Class A master or Class B Each contractor must designate a responsible master 
63.11 	electrician, or power limited technician, who shall be responsible for the performance of 
63.12 	all electrical work in accordance with the requirements of sections  326.241 to  326.248 or 
63.13 	any rule or order adopted or issued under these sections. The classes of work for which 
63.14 	the that a licensed contractor is authorized to perform shall be limited to those for which 
63.15 	such Class A master electrician, Class B master electrician, or power limited technician 
63.16 	employed by the contractor the classes of work that the responsible master electrician or 
63.17 	power limited electrician is licensed to perform. 
63.18 	(b) When a contractor's license is held by an individual, sole proprietorship,
63.19 	partnership, limited liability company, or corporation and the individual, proprietor, one 
63.20 	of the partners, one of the members, or an officer of the corporation, respectively, is not 
63.21 	the responsible master electrician or power limited technician of record, all requests for 
63.22 	inspection shall be signed by the responsible master electrician or power limited technician 
63.23 	of record. The designated responsible master electrician or power limited technician of 
63.24 	record shall be employed by the individual, partnership, limited liability company, or 
63.25 	corporation which is applying for a contractor's license and shall not be employed in 
63.26 	any capacity as a licensed electrician or licensed technician by any other contractor or 
63.27 	employer designated in subdivision 12.
63.28 	(c) All applications and renewals for contractor's contractor licenses and all renewals
63.29 	shall include a verified statement that the applicant or licensee has complied with this 
63.30 	subdivision.
63.31 		Subd. 7.Examination. In addition to the other requirements imposed herein
63.32 	described in this section and except as herein otherwise provided in subdivision 11, as 
63.33 	a precondition to issuance of a personal license, each applicant must pass a written or 
63.34 	oral examination given developed by the board to insure ensure the competence of each 
63.35 	applicant for license. An oral examination shall be administered only to an applicant who 
63.36 	furnishes a written statement from a certified teacher or other professional, trained in 
64.1 	the area of reading disabilities stating that the applicant has a specific reading disability 
64.2 	which would prevent the applicant from performing satisfactorily on a written test. The 
64.3 	oral examination shall be structured so that an applicant who passes the examination will 
64.4 	not impair the applicant's own safety or that of others while acting as a licensed person
64.5 	individual. No person individual failing an examination may retake it for six months 
64.6 	thereafter, but within such six months the person individual may take an examination for a 
64.7 	lesser grade of license. Any licensee individual failing to renew a personal license for two 
64.8 	years or more after its expiration, and any licensee whose personal license is revoked under 
64.9 	this chapter, shall be required to retake the examination before being issued a new license.
64.10 	An individual whose personal license is revoked under any other chapter is not required to 
64.11 	retake the examination before being issued a new license, unless the personal license was 
64.12 	revoked two years or more before the commissioner received the completed application 
64.13 	for a new license. A licensee whose personal license is suspended for any reason is not 
64.14 	required to retake the examination before the personal license is reinstated, unless the 
64.15 	personal license has not been reinstated within two years after the suspension began.
64.16 	An applicant for a personal license shall submit to the board an application and 
64.17 	examination fee at the time of application. Upon approval of the application, the board 
64.18 	shall schedule the applicant for the next available examination, which shall be held within 
64.19 	60 days. The applicant shall be allowed one opportunity to reschedule an examination 
64.20 	without being required to submit another application and examination fee. Additionally, 
64.21 	an applicant who fails an examination, or whose application has been disapproved, must
64.22 	was not approved, shall submit another application and examination fee.
64.23 		Subd. 8.License and renewal fees; expiration. All licenses issued hereunder shall 
64.24 	expire in a manner as provided by the board. (a) Unless revoked or suspended under this 
64.25 	chapter, all licenses issued or renewed under this section expire on the date specified 
64.26 	in this subdivision. Master licenses expire March 1 of each odd-numbered year after 
64.27 	issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered 
64.28 	year after issuance or renewal. Technology system contractor licenses expire August 1 of 
64.29 	each even-numbered year after issuance or renewal. Journeyman, installer, and power 
64.30 	limited technician, electrician licenses expire two years from the date of original issuance 
64.31 	and every two years thereafter.
64.32 	(b) Fees, as set by the board, shall be payable for application and examination, and 
64.33 	for the original issuance and each subsequent renewal of the following, are:
64.34 	(1) For each personal license application and examination: $35;
64.35 	Class A Master.
64.36 	Class B Master.
65.1 	Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or 
65.2 	Special Electrician.
65.3 	(2) For original issuance of original license and each subsequent renewal of:
65.4 	Class A Master. or master special electrician, including master elevator constructor: 
65.5 	$40 per year;
65.6 	Class B Master.: $25 per year;
65.7 	Power Limited Technician.: $15 per year;
65.8 	Class A Journeyman, Class B Journeyman, Class A Installer, Class B Installer, or 
65.9 	Special Electrician. Elevator Constructor, Lineman, or Maintenance Electrician other than 
65.10 	master special electrician: $15 per year;
65.11 	Electrical contractor: $100 per year.
65.12 	Technology Systems Contractor.
65.13 	(c) If any new license is issued in accordance with this subdivision for less than two 
65.14 	years, the fee for the license shall be prorated on an annual basis. 
65.15 	(d) A license fee may not be refunded after a license is issued or renewed. However, 
65.16 	if the fee paid for a license was not prorated according to this subdivision, the amount of 
65.17 	the overpayment shall be refunded.
65.18 	(e) Any contractor who seeks reissuance of a license after it has been revoked or 
65.19 	suspended under this chapter shall submit a reissuance fee of $100 before the license is 
65.20 	reinstated.
65.21 	(f) The fee for the issuance of each duplicate license is $15.
65.22 	(3) (g) An individual or contractor who fails to renew a license before 30 days 
65.23 	after the expiration of the license must submit a late fee equal to one year's license fee in 
65.24 	addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual 
65.25 	or contractor that fails to renew a license by the expiration date is unlicensed until the 
65.26 	license is renewed.
65.27 		Subd. 8a.Continuing education. (a) As used in this subdivision, the term "renewal 
65.28 	period" means the time period of two years beginning on the date that the license is 
65.29 	originally issued or renewed and ending on the date that the license is scheduled to expire. 
65.30 	If any license is issued for less than two years, the period between the issuance date and 
65.31 	the expiration date is not a renewal period.
65.32 	(b) During each renewal period, individuals licensed under this chapter must earn 16 
65.33 	hours of continuing education credit approved by the board.
65.34 	(c) "Continuing education program" means a course, seminar, workshop, or other 
65.35 	educational offering where interactive instruction is provided by one or more instructors, 
65.36 	either directly or by interactive media.
66.1 	(d) "Hours of instruction" means the time in hours allowed by the board for attending 
66.2 	an educational program pursuant to this chapter.
66.3 	(e) "Continuing education provider" means a person, partnership, corporation, 
66.4 	limited liability company, professional association, government agency, or other entity 
66.5 	authorized by law which provides educational programs for credit under this chapter.
66.6 	(f) (1) Within the 24 months preceding the expiration of an electrician or power 
66.7 	limited technician license, each holder of a license shall receive credit for instruction 
66.8 	through one or more educational programs as required by this part. Credit shall be allowed 
66.9 	only once for any educational program in any 24-month period. Where a licensee holds 
66.10 	more than one type of electrician license, the same credits for hours of instruction may be 
66.11 	applied to each license.
66.12 	(2) At least 12 hours of instruction must be on the National Electrical Code and the 
66.13 	remainder on the statutes and rules governing electrical installations, this chapter, or 
66.14 	technical topics related to electrical installations and equipment.
66.15 	(g) To qualify for credit under this chapter, educational programs shall be approved 
66.16 	by the board. The provider shall submit an application for approval on a form provided by 
66.17 	the board, which shall include an outline of the educational program; the number of hours 
66.18 	of instruction provided; and the names, addresses, telephone and facsimile numbers, and 
66.19 	qualifications of the instructors. The provider shall submit a new application for approval 
66.20 	if the instruction provided deviates substantively from the outline previously submitted or 
66.21 	the hours of instruction provided are changed. Applications for approval shall be received 
66.22 	by the board at least 30 days prior to the first presentation of an educational program. 
66.23 	Approval of individual educational programs expires 36 months from the initial date 
66.24 	of approval. If a provider offers a program after three years from initial approval, the 
66.25 	provider must resubmit the program for approval. An interactive educational program 
66.26 	may also be approved for presentation through electronic media. In addition to the 
66.27 	requirements of this chapter, a program presented through electronic media that does 
66.28 	not include real-time interaction between the presenter and the licensee must include an 
66.29 	examination process that ensures a licensee has successfully completed the program.
66.30 	(h) Not less than 14 days prior to a presentation of an educational program, the 
66.31 	provider shall notify the board in writing of the date, time, and location of the presentation.
66.32 	(i) Notwithstanding paragraph (f), educational programs that are offered in other 
66.33 	states and not granted prior approval according to this subdivision shall be considered 
66.34 	for credit if the board is provided with evidence that the educational program meets the 
66.35 	requirements of this subdivision and is approved for continuing education credit by a 
66.36 	public authority licensing electricians or power limited technicians in the other state.
67.1 	(j) The board shall have authority to audit or review educational programs and 
67.2 	presentations of educational programs for compliance with this subdivision and review the 
67.3 	provider's records concerning persons who have attended such presentations for credit. 
67.4 	The board shall withdraw approval of any educational program not in compliance with 
67.5 	this subdivision.
67.6 	(k) All educational programs shall be conducted by board-approved instructors who 
67.7 	have the qualifications described in at least one of the following items:
67.8 	(1) a personal electrical license and at least four years of experience in electrical 
67.9 	inspection, supervising electrical installations, or teaching subjects within the scope 
67.10 	of electrical work permitted by the instructor's license. Not more than four hours of 
67.11 	instruction credit will be allowed where the scope of the electrical work permitted by the 
67.12 	instructor's license is less than that of the person who attended the educational program;
67.13 	(2) a registered or licensed electrical engineer with at least four years of experience 
67.14 	in the design of premises electrical power systems or technology systems;
67.15 	(3) at least five years of practical experience in the subject being taught. Not more 
67.16 	than four hours of instruction credit will be allowed for an educational program conducted 
67.17 	by an instructor in this category; or
67.18 	(4) for technology systems, an instructor certified by a national training program.
67.19 	(l) Instructors of educational programs approved under this subdivision shall receive 
67.20 	three hours of instruction credit for each hour of instruction allowed.
67.21 	(m) Within 14 days after presentation of an educational program for credit, the 
67.22 	provider shall provide a certificate of completion to each licensee in attendance and shall 
67.23 	forward an attendance list to the board on a form supplied by the board, or in a format 
67.24 	approved by the board. Each certificate of completion and attendance list shall include 
67.25 	the name of the provider, date and location of the presentation, educational program 
67.26 	identification that was provided to the board, hours of instruction or continuing education 
67.27 	units, and the licensee's name and license number or the last four digits of the applicant's 
67.28 	Social Security number. The attendance list must be typewritten and provide a summary 
67.29 	of each attendee's hours for each course attended.
67.30 		Subd. 9.Denial, suspension, and revocation of licenses. The board may by order 
67.31 	deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board 
67.32 	finds (1) in its discretion that the order is in the public interest and (2) that, based upon a 
67.33 	preponderance of the evidence presented, the applicant or licensee:
67.34 	(a) has filed an application for a license which is incomplete in any material respect 
67.35 	or contains any statement which, in light of the circumstances under which it is made, is 
67.36 	false or misleading with respect to any material fact;
68.1 	(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
68.2 	(c) has been convicted within the past five years of a misdemeanor involving a 
68.3 	violation of sections  326.241 to  326.248; 
68.4 	(d) has violated or failed to comply with sections  326.241 to  326.248 or any rule or 
68.5 	order adopted or issued under these sections; or 
68.6 	(e) has, in the conduct of the applicant's or licensee's affairs, including, but 
68.7 	not limited to, the performance of electrical work, been shown to be incompetent or 
68.8 	untrustworthy.
68.9 	If a licensee engages in conduct that is proven by a preponderance of the evidence to 
68.10 	be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a 
68.11 	violation of this subdivision. The board may take action under this subdivision or any 
68.12 	other law authorizing action against a licensee regardless of whether the underlying 
68.13 	conduct was willful.
68.14 	The board may adopt rules further specifying and defining actions, conduct, and 
68.15 	omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and 
68.16 	establishing standards of conduct for applicants and licensees.
68.17 		Subd. 9a.Civil penalties. Whenever a preponderance of the evidence presented 
68.18 	proves that a person has violated or failed to comply with sections  326.241 to  326.248 or 
68.19 	any rule or order adopted or issued under these sections, the board may impose a civil 
68.20 	penalty upon the person in an amount not to exceed $10,000 per violation. 
68.21 		Subd. 9b.Orders for hearing. The complaint committee may, on behalf of the 
68.22 	board, issue an order requiring a licensee or an applicant for a license to appear at a 
68.23 	hearing on the issue of whether the license should be revoked or suspended, the licensee 
68.24 	censured, the application denied, or a civil penalty imposed. The order shall be calculated 
68.25 	to give reasonable notice of the time and place for hearing, and shall state the reasons for 
68.26 	the entry of the order. All hearings shall be conducted in accordance with chapter 14. 
68.27 	After the hearing, the board shall enter an order making a disposition of the matter as the 
68.28 	facts require. If the licensee or applicant fails to appear at a hearing of which that person 
68.29 	has been duly notified, the person is in default and the proceeding may be determined 
68.30 	against that person upon consideration of the order for hearing, the allegations of which 
68.31 	may be deemed to be true.
68.32 		Subd. 9c.Temporary suspension. (a) The complaint committee may, on 
68.33 	behalf of the board and in the public interest, temporarily suspend a license pending 
68.34 	final determination of an order for hearing. The complaint committee shall not issue 
68.35 	a temporary suspension order until an investigation of the facts has been conducted 
68.36 	pursuant to section  214.10 by the attorney general. The complaint committee shall issue a 
69.1 	temporary suspension order only when the safety of life or property is threatened or to 
69.2 	prevent the commission of fraudulent, deceptive, or dishonest acts against the public. 
69.3 	Service of the temporary suspension order is effective if the order is served on the licensee 
69.4 	or counsel of record personally or by first class mail to the most recent address provided to 
69.5 	the board for the licensee or the counsel of record. 
69.6 	(b) If a license is suspended pending final determination of an order for hearing, a 
69.7 	hearing on the merits shall be held within 45 days of the issuance of the order of temporary 
69.8 	suspension. The administrative law judge shall issue a report within 30 days after closing 
69.9 	of the contested case hearing record. The board shall issue a final order within 30 days 
69.10 	after receipt of that report and any exceptions.
69.11 	(c) If the licensee requests a hearing in writing within ten days of service of the 
69.12 	order, the board shall hold a hearing before its own members on the sole issue of whether 
69.13 	there is a reasonable basis to continue, modify, or vacate the temporary suspension. The 
69.14 	board shall hold the hearing within five working days of the licensee's request for hearing. 
69.15 	Evidence presented by the complaint committee or licensee shall be in affidavit form only. 
69.16 	The licensee or counsel of record for the licensee may appear for oral argument. Within 
69.17 	five working days after the hearing, the board shall issue its order either continuing or 
69.18 	vacating the temporary suspension.
69.19 		Subd. 9d.Cease and desist order. (a) Whenever it appears to the complaint 
69.20 	committee that any person has engaged or is about to engage in any act or practice 
69.21 	constituting a violation of sections  326.241 to  326.248, any other law authorizing the 
69.22 	issuance of a cease and desist order, or any rule or order adopted or issued under these 
69.23 	sections, the complaint committee may, on behalf of the board, issue and cause to be 
69.24 	served upon the person an order requiring the person to cease and desist from violating 
69.25 	sections  326.241 to  326.248 or any rule or order adopted or issued under these sections. 
69.26 	The complaint committee shall not issue a cease and desist order until an investigation of 
69.27 	the facts has been conducted pursuant to section  214.10 by the attorney general. The order 
69.28 	shall be calculated to give reasonable notice of the right of the person to request a hearing 
69.29 	and shall state the reasons for the entry of the order. If no hearing is requested of the board 
69.30 	within 15 days of service of the order, the order shall become final and shall remain in 
69.31 	effect until it is modified or vacated by the board and shall not be reviewable by a court. 
69.32 	(b) A hearing shall be held not later than 30 days from the date of the board's receipt 
69.33 	of a written hearing request, unless otherwise agreed by the person requesting the hearing 
69.34 	and the complaint committee. Within 30 days of receipt of the administrative law judge's 
69.35 	report and any exceptions, the board shall issue a final order modifying, vacating, or 
70.1 	making permanent the cease and desist order as the facts require. The final order remains 
70.2 	in effect until modified or vacated by the board.
70.3 		Subd. 9e.Costs of proceeding. The board may impose a fee to reimburse the 
70.4 	board for all or part of the cost of the proceedings resulting in disciplinary action or 
70.5 	the imposition of civil penalties or the issuance of a cease and desist order. Such fees 
70.6 	include, but are not limited to, the amount paid by the board for services from the office of 
70.7 	administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, 
70.8 	board members' per diem compensation, board staff time, and expense incurred by board 
70.9 	members and staff.
70.10 		Subd. 9f.District court action; injunctive relief and civil penalties. (a) Whenever 
70.11 	it appears to the board, or the complaint committee if authorized by the board, that any 
70.12 	person has engaged or is about to engage in any act or practice constituting a violation of 
70.13 	sections  326.241 to  326.248 or any rule or order adopted or issued under these sections, 
70.14 	the board, or the complaint committee if authorized by the board, may bring an action 
70.15 	in the name of the board in the Ramsey County District Court or the district court of 
70.16 	any other county in which venue is proper. 
70.17 	(b) The action may be brought to enjoin the acts or practices and to enforce 
70.18 	compliance with sections  326.241 to  326.248, any other law authorizing a civil or 
70.19 	injunctive action, or any rule or order adopted or issued under these sections and for a civil 
70.20 	penalty not to exceed $10,000 for each separate violation of sections  326.241 to  326.248, 
70.21 	any other law authorizing a civil or injunctive action, or any rule or order adopted or 
70.22 	issued under these sections. 
70.23 	(c) A temporary restraining order and other temporary injunctive relief shall be 
70.24 	granted in the proceeding whenever it appears that any person has engaged in or is about 
70.25 	to engage in any act, conduct, or practice constituting violation of sections  326.241 to 
70.26 	326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted 
70.27 	or issued under these sections. The board shall not be required to show irreparable harm. 
70.28 		Subd. 9g.Other remedies. The issuance of a cease and desist order or injunctive 
70.29 	relief under this section does not relieve a person from criminal prosecution by any 
70.30 	competent authority or from disciplinary action by the board and does not prevent the 
70.31 	board from exercising any other authority granted to it.
70.32 		Subd. 9h.Powers additional. The powers contained in subdivisions 9 to 9g are in 
70.33 	addition to all other powers of the board.
70.34 		Subd. 9i.Cooperation required. A person who is the subject of an investigation, 
70.35 	or who is questioned in connection with an investigation, by or on behalf of the board 
71.1 	or its complaint committee shall cooperate fully with the investigation. Cooperation 
71.2 	includes, but is not limited to:
71.3 	(1) responding fully and promptly to questions raised by or on behalf of the board or 
71.4 	its complaint committee relating to the subject of the investigation;
71.5 	(2) providing copies of records in the person's possession related to the matter under 
71.6 	investigation as requested by the board, its complaint committee, or the attorney general 
71.7 	within the time limit set by the board, its complaint committee, or the attorney general;
71.8 	(3) assisting the board, its complaint committee, or the attorney general in its 
71.9 	investigation; and
71.10 	(4) appearing at conferences or hearings scheduled by the board or its complaint 
71.11 	committee.
71.12 		Subd. 9j.Disciplinary proceedings closed. Proceedings held before the board or 
71.13 	its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the 
71.14 	requirements of section  13D.01. 
71.15 		Subd. 9k.Conflicts of law. If there is a conflict between sections  326.241 to 
71.16 	326.248 and chapter 214, sections  326.241 to  326.248 shall control. 
71.17 		Subd. 10.Continuation of business by estates. Upon the death of a master who is 
71.18 	a contractor, the board may permit the decedent's representative to carry on the business 
71.19 	of the decedent for a period not in excess of six months, for the purpose of completing 
71.20 	work under contract or otherwise to comply with sections  326.241 to  326.248. The 
71.21 	representative shall give such bond as the board may require conditioned upon the faithful 
71.22 	and lawful performance of such work and such bond shall be for the benefit of persons 
71.23 	injured or suffering financial loss by reason of failure of such performance. Such bond 
71.24 	shall be written by a corporate surety licensed to do business in the state of Minnesota. 
71.25 	Such representative shall also comply with all public liability and property damage 
71.26 	insurance requirements imposed by this chapter upon a licensed contractor. 
71.27 		Subd. 11.Reciprocity. To the extent that any other state which provides for the 
71.28 	licensing of electricians provides for similar action the board may grant licenses, without 
71.29 	examination, of the same grade and class to an electrician who has been licensed by such 
71.30 	otheranother state for at least one year, upon payment by the applicant of the required 
71.31 	fee and upon the board being furnished with proof that the required fee and upon the 
71.32 	board being furnished with proof that the qualifications of the applicant are equal to the 
71.33 	qualifications of holders of similar licenses in Minnesota. An individual issued a license 
71.34 	under this subdivision may be granted a new license or a reissued license only two times.
71.35 		Subd. 12.Exemptions from licensing. (a) An individual who is a maintenance 
71.36 	electrician who is supervised by the responsible master electrician for a contractor who 
72.1 	has contracted with the maintenance electrician's employer to provide services for which 
72.2 	a contractor's license is required or by a master electrician or an electrical engineer 
72.3 	registered with the board and who is an employee of an employer and is engaged in the 
72.4 	maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased 
72.5 	by the employer, and performed within the limits of property which is owned or leased 
72.6 	and operated and maintained by said employer, shall is not be required to hold or obtain a 
72.7 	license under sections  326.241 to  326.248. 326B.31 to 326B.399 if:
72.8 	(1) the individual is engaged in the maintenance and repair of electrical equipment, 
72.9 	apparatus, and facilities that are owned or leased by the individual's employer and that are 
72.10 	located within the limits of property operated, maintained, and either owned or leased by 
72.11 	the individual's employer;
72.12 	(2) the individual is under the direct supervision of:
72.13 	(i) the responsible master electrician for a contractor who has contracted with the 
72.14 	individual's employer to provide services for which a contractor's license is required; or
72.15 	(ii) a licensed master electrician, a licensed maintenance electrician, an electrical 
72.16 	engineer, or, if the maintenance and repair work is limited to technology circuit and system 
72.17 	work, a licensed power limited technician; and
72.18 	(3) the individual's employer certifies and documents the hours worked in the 
72.19 	designated categories pertaining to electrical work and has filed with the commissioner 
72.20 	a certificate of responsible person, signed by the responsible master electrician of the 
72.21 	contractor, the licensed master electrician, the licensed maintenance electrician, the 
72.22 	electrical engineer, or the licensed power limited technician, and stating that the person 
72.23 	signing the certificate is responsible for ensuring that the maintenance and repair work 
72.24 	performed by the employer's employees complies with sections 326.241 to 326.248 and 
72.25 	rules adopted.
72.26 	(b) Employees of a licensed electrical or technology systems contractor or other 
72.27 	employer where provided with supervision by a master electrician in accordance with 
72.28 	subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 
72.29 	(a), clause (1), are not required to hold a license under sections  326.241 to  326.248 for the 
72.30 	planning, laying out, installing, altering, and repairing of technology circuits or systems 
72.31 	except planning, laying out, or installing: 
72.32 	(1) in other than residential dwellings, class 2 or class 3 remote control circuits that 
72.33 	control circuits or systems other than class 2 or class 3, except circuits that interconnect 
72.34 	these systems through communication, alarm, and security systems are exempted from 
72.35 	this paragraph;
73.1 	(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 
73.2 	physically unprotected circuits other than class 2 or class 3; or
73.3 	(3) technology circuits and systems in hazardous classified locations as covered by 
73.4 	chapter 5 of the National Electrical Code.
73.5 	(c) Companies and their employees that plan, lay out, install, alter, or repair class 
73.6 	2 and class 3 remote control wiring associated with plug or cord and plug connected 
73.7 	appliances other than security or fire alarm systems installed in a residential dwelling are 
73.8 	not required to hold a license under sections  326.241 to  326.248. 
73.9 	(d) Heating, ventilating, air conditioning, and refrigeration contractors and their 
73.10 	employees are not required to hold or obtain a license under sections  326.241 to 326.248
73.11 	when performing heating, ventilating, air conditioning, or refrigeration work as described 
73.12 	in section  326.245. 
73.13 	(e) Employees of any electric electrical, communications, or railway utility, cable 
73.14 	communications company as defined in section  238.02, or a telephone company as defined 
73.15 	under section  237.01 or its employees, or of any independent contractor performing work 
73.16 	on behalf of any such utility, cable communications company, or telephone company, shall 
73.17 	not be required to hold a license under sections  326.241 to  326.248: 
73.18 	(1) while performing work on installations, materials, or equipment which are owned 
73.19 	or leased, and operated and maintained by such utility, cable communications company, or 
73.20 	telephone company in the exercise of its utility, antenna, or telephone function, and which
73.21 	(i) are used exclusively for the generation, transformation, distribution, transmission, 
73.22 	or metering of electric current, or the operation of railway signals, or the transmission 
73.23 	of intelligence and do not have as a principal function the consumption or use of electric 
73.24 	current or provided service by or for the benefit of any person other than such utility, cable 
73.25 	communications company, or telephone company, and
73.26 	(ii) are generally accessible only to employees of such utility, cable communications 
73.27 	company, or telephone company or persons acting under its control or direction, and
73.28 	(iii) are not on the load side of the service point or point of entrance for 
73.29 	communication systems;
73.30 	(2) while performing work on installations, materials, or equipment which are a part 
73.31 	of the street lighting operations of such utility; or
73.32 	(3) while installing or performing work on outdoor area lights which are directly 
73.33 	connected to a utility's distribution system and located upon the utility's distribution poles, 
73.34 	and which are generally accessible only to employees of such utility or persons acting 
73.35 	under its control or direction.
74.1 	(f) An owner shall not be required to hold or obtain a license under sections  326.241
74.2 	to  326.248. 

74.3 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
74.4 	amendments to subdivision 8 are effective July 1, 2007.

74.5 	Sec. 21. Minnesota Statutes 2006, section 326.242, is amended to read:
74.6 	326.242 LICENSES.
74.7 		Subdivision 1.Master electrician. Except as otherwise provided by law, no 
74.8 	personindividual shall install, alter, repair, plan, lay out, or supervise the installing, 
74.9 	altering, or repairing of electrical wiring, apparatus, or equipment for light, heat, power, or 
74.10 	other purposesperform or supervise electrical work unless the personindividual is: (a) 
74.11 	licensed by the board as a master electrician and (b)(i) the electrical work is for a licensed 
74.12 	contractor and the personindividual is an employee, partner, or officer of, or is the licensed 
74.13 	contractor, or (ii) the electrical work is performed for the person'sindividual's employer 
74.14 	on electricelectrical wiring, apparatus, equipment, or facilities that are owned or leased by 
74.15 	the employer which isand that are located within the limits of property which isoperated, 
74.16 	maintained, and either owned or leased and operated and maintained by the employer.
74.17 	(1) An applicant for a Class A master electrician'selectrician license shall (a) be a 
74.18 	graduate of a four-year electrical course in offered by an accredited college or university; 
74.19 	or (b) shall have had at least one year'syear of experience, acceptable to the board, as a 
74.20 	licensed journeyman; or (c) shall have had at least five years' experience, acceptable to 
74.21 	the board, in planning for, laying out, supervising and installing wiring, apparatus, or 
74.22 	equipment for electrical light, heat and power.
74.23 	(2) As of August 1, 1985, no new Class B master electrician'selectrician licenses 
74.24 	shall be issued. An individual who has a Class B master electrician'selectrician license as 
74.25 	of August 1, 1985 may retain and renew the license and exercise the privileges it grants, 
74.26 	which include electrical work limited to single phase systems, not over 200 amperes in 
74.27 	capacity, on farmsteads or single-family dwellings located in towns or municipalities 
74.28 	with fewer than 2,500 inhabitants.
74.29 		Subd. 2.Journeyman electrician. (a) Except as otherwise provided by law, 
74.30 	no personindividual shall install, alter, repair, or supervise the installing, altering, or 
74.31 	repairing of electrical wiring, apparatus, or equipment for electrical light, heat, power, 
74.32 	technology circuits or systems, or other purposes unless:
74.33 	(1) the personindividual is licensed by the board as a journeyman electrician; and
74.34 	(2) the electrical work is:
75.1 	(i) for a contractor and the personindividual is an employee, partner, or officer of 
75.2 	the licensed contractor; or
75.3 	(ii) performed under the supervision of a master electrician also employed by the 
75.4 	person'sindividual's employer on electrical wiring, apparatus, equipment, or facilities 
75.5 	that are owned or leased by the employer and that isare located within the limits of 
75.6 	property operated, maintained, and either owned or leased, operated, and maintained by 
75.7 	the employer.
75.8 	(b) An applicant for a Class A journeyman electrician'selectrician license shall have 
75.9 	had at least four years of experience, acceptable to the board, in wiring for, installing, and 
75.10 	repairing electrical wiring, apparatus, or equipment, provided however, that the board may 
75.11 	by rule provide for the allowance ofallow one year of experience credit for the successful 
75.12 	completion of a two-year post high school electrical course approved by the board.
75.13 	(c) As of August 1, 1985, no new Class B journeyman electrician'selectrician 
75.14 	licenses shall be issued. An individual who holds a Class B journeyman electrician's 
75.15 	license as of August 1, 1985 may retain and renew the license and exercise the privileges 
75.16 	it grants, which include electrical work limited to single phase systems, not over 200 
75.17 	amperes in capacity, on farmsteads or on single-family dwellings located in towns or 
75.18 	municipalities with fewer than 2,500 inhabitants.
75.19 		Subd. 3.Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 
75.20 	6, any personindividual holding a Class A installer license may lay out and install and 
75.21 	supervise the laying out and installing of electrical wiring, apparatus, or equipment for 
75.22 	major electrical home appliances on the load side of the main service on farmsteads and in 
75.23 	any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to a 
75.24 	city of the first class and does not contain an established business of a contractor. No new 
75.25 	Class A installer licenses shall be issued after December 1, 2007. An individual who holds 
75.26 	a Class A installer license on December 1, 2007, may retain and renew the license and 
75.27 	exercise the privileges it grants.
75.28 		Subd. 3a.Class B installer. Notwithstanding the provisions of subdivisions 1, 2 
75.29 	and 6, any personindividual holding a Class B installer license may lay out and install 
75.30 	electrical wiring, apparatus and equipment on center pivot irrigation booms on the load 
75.31 	side of the main service on farmsteads, and install such other electrical equipment as is 
75.32 	determinedapproved by the board.
75.33 		Subd. 3b.Coursework or experience. An applicant for a Class A or B installer 
75.34 	license shall have completed a post high school course in electricity acceptable to
75.35 	approved by the board or shall have had at least one year's experience, acceptable to the 
75.36 	board in electrical wiring.
76.1 		Subd. 3c.Bond. Every Class A and Class B installer, as a condition of licensure, 
76.2 	shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful 
76.3 	performance of all work contracted for or entered upon by the installer within the state of 
76.4 	Minnesota, and such bond shall be for the benefit of persons injured or suffering financial 
76.5 	loss by reason of failure of such performance. Such bond shall be in lieu of all other 
76.6 	license bonds to any political subdivision of the state. Such bond shall be written by a 
76.7 	corporate surety licensed to do business in the state of Minnesota.
76.8 		Subd. 3d.Power limited technician. (a) Except as otherwise provided by law, 
76.9 	no personindividual shall install, alter, repair, plan, lay out, or supervise the installing, 
76.10 	altering, or repairing, planning, or laying out  of electrical wiring, apparatus, or equipment 
76.11 	for technology circuits or systems unless:
76.12 	(1) the personindividual is licensed by the board as a power limited technician; and
76.13 	(2) the electrical work is:
76.14 	(i) for a licensed contractor and the personindividual is an employee, partner, or 
76.15 	officer of, or is the licensed contractor; or
76.16 	(ii) performed under the supervision of a master electrician or power limited 
76.17 	technician also employed by the person'sindividual's employer on technology circuits, 
76.18 	systems, apparatus, equipment, or facilities that are owned or leased by the employer and 
76.19 	that are located within the limits of property operated, maintained, and either owned or 
76.20 	leased, operated, and maintained by the employer.
76.21 	(b) An applicant for a power limited technician's license shall (1) be a graduate 
76.22 	of a four-year electrical course inoffered by an accredited college or university; or (2) 
76.23 	have had at least 36 months' experience, acceptable to the board, in planning for, laying 
76.24 	out, supervising, and installing, altering, and repairing wiring, apparatus, or equipment 
76.25 	for power limited systems, provided however, that the board may by rule provide for the 
76.26 	allowance of up to 12 months (2,000 hours) of experience credit for successful completion 
76.27 	of a two-year post high school electrical course or other technical training approved by 
76.28 	the board.
76.29 	(c) The board may initially set experience requirements without rulemaking, but 
76.30 	must adopt rules before July 1, 2004.
76.31 	(d) Licensees must attain eight hours of continuing education acceptable to the 
76.32 	board every renewal period.
76.33 	(e) A person who has submitted an application by June 30, 2003, to take the alarm 
76.34 	and communications examination administered by the board, and who has achieved a 
76.35 	minimal score of 70 percent on the examination by September 30, 2003, may obtain a 
77.1 	power limited technician license without further examination by submitting an application 
77.2 	and a license fee of $30.
77.3 	(f)(c) A company holding an alarm and communication license as of June 30, 2003, 
77.4 	may designate one personindividual who may obtain a power limited technician license 
77.5 	without passing an examination administered by the board commissioner by submitting an 
77.6 	application and license fee of $30.
77.7 	(g) A person who has submitted an application by September 30, 2005, to take the 
77.8 	power limited technician examination administered by the board is not required to meet 
77.9 	the qualifications set forth in paragraph (b).
77.10 		Subd. 4.Special electrician. Notwithstanding the provisions of subdivisions 1, 2, 
77.11 	6, and 7, the board may by rule provide for the issuance of special electrician licenses 
77.12 	empowering the licensee to engage in a limited class or classes of electrical work, which 
77.13 	class or classes shall be specified on the license certificate. Each licensee shall have had 
77.14 	at least two years of experience, acceptable to the board, in each such limited class of 
77.15 	work for which the licensee is licensed.
77.16 		Subd. 5.Unlicensed persons individuals. (a) An unlicensed personindividual 
77.17 	means an individual who has not been licensed by the Board of Electricity as a Class 
77.18 	A master electrician or as a Class A journeyman electrician. An unlicensed individual 
77.19 	shall not perform electrical work unless the individual has first registered with the 
77.20 	Board of Electricity as an unlicensed individual. Thereafter, an unlicensed individual 
77.21 	shall not perform electrical work unless the work is performed under the personaldirect 
77.22 	supervision of a personan individual actually licensed to perform such work and. The 
77.23 	licensed electricianindividual and unlicensed persons areindividual must be employed 
77.24 	by the same means that an individual having the necessary qualifications, training, 
77.25 	experience, and technical knowledge to install, alter, repair, and supervise the installing, 
77.26 	altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power, 
77.27 	technology circuits or systems, and who is licensed as a Class A journeyman electrician 
77.28 	is employed by the employer. Licensed personsindividuals shall not permit unlicensed 
77.29 	personsindividuals to perform electrical work except under the personaldirect supervision 
77.30 	of a personan individual actually licensed to perform such work. Unlicensed persons
77.31 	individuals shall not supervise the performance of electrical work or make assignments of 
77.32 	electrical work to unlicensed persons individuals. Except for technology circuit or system 
77.33 	work, licensed personsindividuals shall supervise no more than two unlicensed persons
77.34 	individuals. For technology circuit or system work, licensed personsindividuals shall 
77.35 	supervise no more than three unlicensed persons individuals.
78.1 	(b) Notwithstanding any other provision of this section, no personindividual other 
78.2 	than a master electrician or power limited technician shall plan or lay out electrical wiring, 
78.3 	apparatus, or equipment for light, heat, power, or other purposes, except circuits or 
78.4 	systems exempted from personal licensing by subdivision 12, paragraph (b).
78.5 	(c) Contractors employing unlicensed persons performingindividuals to perform 
78.6 	electrical work shall maintain records establishing compliance with this subdivision, 
78.7 	whichthat shall designateidentify all unlicensed personsindividuals performing electrical 
78.8 	work, except for persons working on circuits or systems exempted from personal licensing 
78.9 	by subdivision 12, paragraph (b), and shall permit the board to examine and copy all such 
78.10 	records as provided for in section 326.244, subdivision 6. 
78.11 	(d) When a licensed individual supervises the electrical work of an unlicensed 
78.12 	individual, the licensed individual is responsible for ensuring that the electrical work 
78.13 	complies with sections 326.241 to 326.248 and rules adopted.
78.14 		Subd. 6.Contractor's license required. Except as otherwise provided by law, no 
78.15 	personindividual other than an employee, partner, or officer of a licensed contractor, as 
78.16 	defined by section 326.01, subdivision 5, shall undertakeperform or offer to undertake to 
78.17 	plan for, lay out, supervise or install or to make additions, alterations, or repairs in the 
78.18 	installation of electrical wiring, apparatus, and equipment for light, heat, power, and 
78.19 	other purposesperform electrical work with or without compensation unless the person
78.20 	individual obtains a contractor's license. A contractor's license does not of itself qualify 
78.21 	its holder to perform or supervise the electrical work authorized by holding any class of 
78.22 	personal electrical license. 
78.23 		Subd. 6a.Bond required. Each contractor shall give and maintain bond to the state 
78.24 	in the penal sum of $5,000$25,000 conditioned upon the faithful and lawful performance 
78.25 	of all work entered uponcontracted for or performed by the contractor within the state of 
78.26 	Minnesota and such bond shall be for the benefit of persons injured or suffering financial 
78.27 	loss by reason of failure of such performance. The bond shall be filed with the board and 
78.28 	shall be in lieu of all other license bonds to any other political subdivision. Such bond 
78.29 	shall be written by a corporate surety licensed to do business in the state of Minnesota.
78.30 		Subd. 6b.Insurance required. Each contractor shall have and maintain in effect 
78.31 	general liability insurance, which includes premises and operations insurance and products 
78.32 	and completed operations insurance, with limits of at least $100,000 per occurrence, 
78.33 	$300,000 aggregate limit for bodily injury, and property damage insurance with limits 
78.34 	of at least $25,000$50,000 or a policy with a single limit for bodily injury and property 
78.35 	damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance 
78.36 	shall be written by an insurer licensed to do business in the state of Minnesota and each 
79.1 	contractor shall maintain on file with the board a certificate evidencing such insurance 
79.2 	which provides that such insurance shall not be canceled without the insurer first giving 
79.3 	15 days written notice to the board of such cancellation.
79.4 		Subd. 6c.Employment of master electrician or power limited technician. (a) No 
79.5 	contractor shall engage in business of electrical contracting unless the contractor employs 
79.6 	a licensed Class A master or Class BEach contractor must designate a responsible master 
79.7 	electrician, or power limited technician, who shall be responsible for the performance of 
79.8 	all electrical work in accordance with the requirements of sections 326.241 to 326.248 or 
79.9 	any rule or order adopted or issued under these sections. The classes of work for which 
79.10 	thethat a licensed contractor is authorized shall be limited to those for which such Class 
79.11 	A master electrician, Class B master electrician, or power limited technician employed 
79.12 	by the contractorthe classes of work that the responsible master electrician or power 
79.13 	limited electrician is licensed to perform. 
79.14 	(b) When a contractor's license is held by an individual, sole proprietorship, 
79.15 	partnership, limited liability company, or corporation and the individual, proprietor, one 
79.16 	of the partners, one of the members, or an officer of the corporation, respectively, is not 
79.17 	the responsible master electrician or power limited technician of record, all requests for 
79.18 	inspection shall be signed by the responsible master electrician or power limited technician
79.19 	of record. The designated responsible master electrician or power limited technician of 
79.20 	record shall be employed by the individual, partnership, limited liability company, or 
79.21 	corporation which is applying for a contractor's license and shall not be employed in any 
79.22 	capacity as a licensed electrician or licensed technician by any other contractor or employer 
79.23 	designated in subdivision 12. If the contractor is an individual or a sole proprietorship, the 
79.24 	responsible licensed individual must be the individual, proprietor, or managing employee. 
79.25 	If the contractor is a partnership, the responsible licensed individual must be a general 
79.26 	partner or managing employee. If the licensed contractor is a limited liability company, 
79.27 	the responsible licensed individual must be a chief manager or managing employee. If 
79.28 	the contractor is a corporation, the responsible licensed individual must be an officer or 
79.29 	managing employee. If the responsible licensed individual is a managing employee, the 
79.30 	responsible licensed individual must be actively engaged in performing electrical work 
79.31 	on behalf of the contractor, and cannot be employed in any capacity as an electrician 
79.32 	or technician by any other contractor or employer designated in subdivision 12. An 
79.33 	individual may be the responsible licensed individual for only one contractor or employer.
79.34 	(c) All applications for contractor's licenses and all renewals shall include a verified 
79.35 	statement that the applicant or licensee has complied with this subdivision.
80.1 		Subd. 7.Examination. In addition to the requirements imposed herein and except 
80.2 	as herein otherwise provided, as a precondition to issuance of a personal license, each 
80.3 	applicant must pass a written or oral examination given by the board to insure the 
80.4 	competence of each applicant for license. An oral examination shall be administered 
80.5 	only to an applicant who furnishes a written statement from a certified teacher or 
80.6 	other professional, trained in the area of reading disabilities stating that the applicant 
80.7 	has a specific reading disability which would prevent the applicant from performing 
80.8 	satisfactorily on a written test. The oral examination shall be structured so that an 
80.9 	applicant who passes the examination will not impair the applicant's own safety or that of 
80.10 	others while acting as a licensed person. No personindividual failing an examination may 
80.11 	retake it for six months thereafter, but within such six months the personindividual may 
80.12 	take an examination for a lesser grade of license. Any licensee failing to renew a license 
80.13 	for two years or more after its expiration shall be required to retake the examination 
80.14 	before being issued a new license.
80.15 	An applicant for a personal license shall submit to the board an application and 
80.16 	examination fee at the time of application. Upon approval of the application, the board 
80.17 	shall schedule the applicant for the next available examination, which shall be held within 
80.18 	60 days. The applicant shall be allowed one opportunity to reschedule an examination 
80.19 	without being required to submit another application and examination fee. Additionally, 
80.20 	an applicant who fails an examination, or whose application has been disapproved, must 
80.21 	submit another application and examination fee.
80.22 		Subd. 8.License and renewal fees. All licenses issued hereunder shall expire in a 
80.23 	manner as provided by the board.(a) Unless revoked or suspended, all licenses issued 
80.24 	or renewed under this section expire on the date specified in this subdivision. Master 
80.25 	licenses expire March 1 of each odd-numbered year after issuance or renewal. Electrical 
80.26 	contractor licenses expire March 1 of each even-numbered year after issuance or renewal. 
80.27 	Technology system contractor licenses expire August 1 of each even-numbered year 
80.28 	after issuance or renewal. Journeyman, installer, power limited technician, and special 
80.29 	electrician licenses expire two years from the date of original issuance and every two 
80.30 	years thereafter.
80.31 	(b) Fees, as set by the board, shall be payable for application and examination, and 
80.32 	for the original issuance and each subsequent renewal of the following are:
80.33 	(1) For each personal license application and examination: $35.
80.34 	Class A Master.
80.35 	Class B Master.
81.1 	Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or 
81.2 	Special Electrician.
81.3 	(2) For original issuance of original license and each subsequent renewal of:
81.4 	Class A Master.: or master elevator constructor: $40 per year.
81.5 	Class B Master.: $25 per year.
81.6 	Power Limited Technician.: $15 per year.
81.7 	Class A Journeyman, Class B Journeyman, Installer, or Special Electrician.: $15 
81.8 	per year.
81.9 	Electrical Contractor: $100 per year.
81.10 	Technology Systems Contractor.
81.11 	(c) If any new license is issued according to this subdivision for less than two years, 
81.12 	the fee for the license shall be prorated on an annual basis.
81.13 	(d) A license fee may not be refunded after a license is issued or renewed. However, 
81.14 	if the fee paid for a license was not prorated according to this subdivision, the amount of 
81.15 	the overpayment shall be refunded.
81.16 	(e) Any contractor who seeks reissuance of a license after it has been revoked or 
81.17 	suspended under this chapter shall submit a reissuance fee of $100 before the license is 
81.18 	reinstated.
81.19 	(f) The fee for the issuance of each duplicate license is $100.
81.20 	(3)(g) An individual or contractor who fails to renew a license before 30 days 
81.21 	after the expiration of the license must submit a late fee equal to one year's license fee in 
81.22 	addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual 
81.23 	or contractor that fails to renew a license by the expiration date is unlicensed until the 
81.24 	license is renewed.
81.25 		Subd. 8a.Continuing education. (a) As used in this subdivision, the term "renewal 
81.26 	period" means the time period of two years beginning on the date that the license is 
81.27 	originally issued or renewed and ending on the date that the license is scheduled to expire. 
81.28 	If any license is issued for less than two years, the period between the issuance date and 
81.29 	the expiration date is not a renewal period.
81.30 	(b) During each renewal period, individuals licensed under this chapter must earn 16 
81.31 	hours of continuing education credit approved by the board.
81.32 	(c) With a renewal application, a licensed electrician shall submit to the board a list 
81.33 	of continuing education hours earned during the renewal period, including dates, subjects, 
81.34 	hours attended, sponsoring organizations, and course approval numbers. Each licensed 
81.35 	electrician shall maintain a file in which records of courses are kept, including dates, 
81.36 	subjects, duration of programs, sponsoring organizations, continuing education hours 
82.1 	earned, registration receipts where appropriate, certificates of completion received from 
82.2 	sponsoring organizations, and other pertinent documentation, for a period of two years 
82.3 	after submission to the board. The board may require a licensed electrician to produce 
82.4 	this information in order for the board to verify information in a renewal application, to 
82.5 	conduct a random audit, or to investigate a complaint alleging noncompliance on the 
82.6 	part of the licensee.
82.7 	(d) If the board rejects continuing education hours reported by a licensee in an 
82.8 	amount sufficient to reduce the number of nonrejected continuing education hours below 
82.9 	the required minimum number, the board must notify the licensee in writing of the board's 
82.10 	rejection of the hours. The licensee has 60 days after notification to substantiate the 
82.11 	validity of the rejected hours or to earn other qualifying hours to meet the minimum 
82.12 	requirement. The board's rejection of any continuing education hours submitted during 
82.13 	this 60-day cure period does not extend or expand the cure period. If the board does 
82.14 	not reinstate a sufficient number of the rejected continuing education hours to meet the 
82.15 	required minimum number of continuing education hours, or the licensee or certificate 
82.16 	holder does not complete or substantiate that the individual has completed other qualifying 
82.17 	continuing education hours to meet the required minimum number of continuing education 
82.18 	hours within the specified period of time, the board shall suspend or deny the individual's 
82.19 	license under section 326.082. Continuing education hours applied to current renewal may 
82.20 	not be applied to the requirements for a subsequent renewal period.
82.21 	(e) If a licensed electrician knowingly submits to the board a false report of 
82.22 	continuing education hours, the board shall revoke the license under section 326.082.
82.23 		Subd. 9.Denial, suspension, and revocation of licenses. The board may by order 
82.24 	deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board 
82.25 	finds (1) in its discretion that the order is in the public interest and (2) that, based upon a 
82.26 	preponderance of the evidence presented, the applicant or licensee:
82.27 	(a) has filed an application for a license which is incomplete in any material respect 
82.28 	or contains any statement which, in light of the circumstances under which it is made, is 
82.29 	false or misleading with respect to any material fact;
82.30 	(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
82.31 	(c) has been convicted within the past five years of a misdemeanor involving a 
82.32 	violation of sections 326.241 to 326.248; 
82.33 	(d) has violated or failed to comply with sections 326.241 to 326.248 or any rule or 
82.34 	order adopted or issued under these sections; or 
83.1 	(e) has, in the conduct of the applicant's or licensee's affairs, including, but 
83.2 	not limited to, the performance of electrical work, been shown to be incompetent or 
83.3 	untrustworthy.
83.4 	If a licensee engages in conduct that is proven by a preponderance of the evidence to 
83.5 	be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a 
83.6 	violation of this subdivision. The board may take action under this subdivision or any 
83.7 	other law authorizing action against a licensee regardless of whether the underlying 
83.8 	conduct was willful.
83.9 	The board may adopt rules further specifying and defining actions, conduct, and 
83.10 	omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and 
83.11 	establishing standards of conduct for applicants and licensees.
83.12 		Subd. 9a.Civil penalties. Whenever a preponderance of the evidence presented 
83.13 	proves that a person has violated or failed to comply with sections 326.241 to 326.248 or 
83.14 	any rule or order adopted or issued under these sections, the board may impose a civil 
83.15 	penalty upon the person in an amount not to exceed $10,000 per violation. 
83.16 		Subd. 9b.Orders for hearing. The complaint committee may, on behalf of the 
83.17 	board, issue an order requiring a licensee or an applicant for a license to appear at a 
83.18 	hearing on the issue of whether the license should be revoked or suspended, the licensee 
83.19 	censured, the application denied, or a civil penalty imposed. The order shall be calculated 
83.20 	to give reasonable notice of the time and place for hearing, and shall state the reasons for 
83.21 	the entry of the order. All hearings shall be conducted in accordance with chapter 14. 
83.22 	After the hearing, the board shall enter an order making a disposition of the matter as the 
83.23 	facts require. If the licensee or applicant fails to appear at a hearing of which that person 
83.24 	has been duly notified, the person is in default and the proceeding may be determined 
83.25 	against that person upon consideration of the order for hearing, the allegations of which 
83.26 	may be deemed to be true.
83.27 		Subd. 9c.Temporary suspension. (a) The complaint committee may, on 
83.28 	behalf of the board and in the public interest, temporarily suspend a license pending 
83.29 	final determination of an order for hearing. The complaint committee shall not issue 
83.30 	a temporary suspension order until an investigation of the facts has been conducted 
83.31 	pursuant to section 214.10 by the attorney general. The complaint committee shall issue a 
83.32 	temporary suspension order only when the safety of life or property is threatened or to 
83.33 	prevent the commission of fraudulent, deceptive, or dishonest acts against the public. 
83.34 	Service of the temporary suspension order is effective if the order is served on the licensee 
83.35 	or counsel of record personally or by first class mail to the most recent address provided to 
83.36 	the board for the licensee or the counsel of record. 
84.1 	(b) If a license is suspended pending final determination of an order for hearing, a 
84.2 	hearing on the merits shall be held within 45 days of the issuance of the order of temporary 
84.3 	suspension. The administrative law judge shall issue a report within 30 days after closing 
84.4 	of the contested case hearing record. The board shall issue a final order within 30 days 
84.5 	after receipt of that report and any exceptions.
84.6 	(c) If the licensee requests a hearing in writing within ten days of service of the 
84.7 	order, the board shall hold a hearing before its own members on the sole issue of whether 
84.8 	there is a reasonable basis to continue, modify, or vacate the temporary suspension. The 
84.9 	board shall hold the hearing within five working days of the licensee's request for hearing. 
84.10 	Evidence presented by the complaint committee or licensee shall be in affidavit form only. 
84.11 	The licensee or counsel of record for the licensee may appear for oral argument. Within 
84.12 	five working days after the hearing, the board shall issue its order either continuing or 
84.13 	vacating the temporary suspension.
84.14 		Subd. 9d.Cease and desist order. (a) Whenever it appears to the complaint 
84.15 	committee that any person has engaged or is about to engage in any act or practice 
84.16 	constituting a violation of sections 326.241 to 326.248, any other law authorizing the 
84.17 	issuance of a cease and desist order, or any rule or order adopted or issued under these 
84.18 	sections, the complaint committee may, on behalf of the board, issue and cause to be 
84.19 	served upon the person an order requiring the person to cease and desist from violating 
84.20 	sections 326.241 to 326.248 or any rule or order adopted or issued under these sections. 
84.21 	The complaint committee shall not issue a cease and desist order until an investigation of 
84.22 	the facts has been conducted pursuant to section 214.10 by the attorney general. The order 
84.23 	shall be calculated to give reasonable notice of the right of the person to request a hearing 
84.24 	and shall state the reasons for the entry of the order. If no hearing is requested of the board 
84.25 	within 15 days of service of the order, the order shall become final and shall remain in 
84.26 	effect until it is modified or vacated by the board and shall not be reviewable by a court. 
84.27 	(b) A hearing shall be held not later than 30 days from the date of the board's receipt 
84.28 	of a written hearing request, unless otherwise agreed by the person requesting the hearing 
84.29 	and the complaint committee. Within 30 days of receipt of the administrative law judge's 
84.30 	report and any exceptions, the board shall issue a final order modifying, vacating, or 
84.31 	making permanent the cease and desist order as the facts require. The final order remains 
84.32 	in effect until modified or vacated by the board.
84.33 		Subd. 9e.Costs of proceeding. The board may impose a fee to reimburse the 
84.34 	board for all or part of the cost of the proceedings resulting in disciplinary action or 
84.35 	the imposition of civil penalties or the issuance of a cease and desist order. Such fees 
84.36 	include, but are not limited to, the amount paid by the board for services from the office of 
85.1 	administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, 
85.2 	board members' per diem compensation, board staff time, and expense incurred by board 
85.3 	members and staff.
85.4 		Subd. 9f.District court action; injunctive relief and civil penalties. (a) Whenever 
85.5 	it appears to the board, or the complaint committee if authorized by the board, that any 
85.6 	person has engaged or is about to engage in any act or practice constituting a violation of 
85.7 	sections 326.241 to 326.248 or any rule or order adopted or issued under these sections, 
85.8 	the board, or the complaint committee if authorized by the board, may bring an action 
85.9 	in the name of the board in the Ramsey County District Court or the district court of 
85.10 	any other county in which venue is proper. 
85.11 	(b) The action may be brought to enjoin the acts or practices and to enforce 
85.12 	compliance with sections 326.241 to 326.248, any other law authorizing a civil or 
85.13 	injunctive action, or any rule or order adopted or issued under these sections and for a civil 
85.14 	penalty not to exceed $10,000 for each separate violation of sections 326.241 to 326.248, 
85.15 	any other law authorizing a civil or injunctive action, or any rule or order adopted or 
85.16 	issued under these sections. 
85.17 	(c) A temporary restraining order and other temporary injunctive relief shall be 
85.18 	granted in the proceeding whenever it appears that any person has engaged in or is about 
85.19 	to engage in any act, conduct, or practice constituting violation of sections 326.241 to 
85.20 	326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted 
85.21 	or issued under these sections. The board shall not be required to show irreparable harm. 
85.22 		Subd. 9g.Other remedies. The issuance of a cease and desist order or injunctive 
85.23 	relief under this section does not relieve a person from criminal prosecution by any 
85.24 	competent authority or from disciplinary action by the board and does not prevent the 
85.25 	board from exercising any other authority granted to it.
85.26 		Subd. 9h.Powers additional. The powers contained in subdivisions 9 to 9g are in 
85.27 	addition to all other powers of the board.
85.28 		Subd. 9i.Cooperation required. A person who is the subject of an investigation, 
85.29 	or who is questioned in connection with an investigation, by or on behalf of the board 
85.30 	or its complaint committee shall cooperate fully with the investigation. Cooperation 
85.31 	includes, but is not limited to:
85.32 	(1) responding fully and promptly to questions raised by or on behalf of the board or 
85.33 	its complaint committee relating to the subject of the investigation;
85.34 	(2) providing copies of records in the person's possession related to the matter under 
85.35 	investigation as requested by the board, its complaint committee, or the attorney general 
85.36 	within the time limit set by the board, its complaint committee, or the attorney general;
86.1 	(3) assisting the board, its complaint committee, or the attorney general in its 
86.2 	investigation; and
86.3 	(4) appearing at conferences or hearings scheduled by the board or its complaint 
86.4 	committee.
86.5 		Subd. 9j.Disciplinary proceedings closed. Proceedings held before the board or 
86.6 	its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the 
86.7 	requirements of section 13D.01. 
86.8 		Subd. 9k.Conflicts of law. If there is a conflict between sections 326.241 to 
86.9 	326.248 and chapter 214, sections 326.241 to 326.248 shall control. 
86.10 		Subd. 10.Continuation of business by estates. Upon the death of a master who is 
86.11 	a contractor, the board may permit the decedent's representative to carry on the business 
86.12 	of the decedent for a period not in excess of six months, for the purpose of completing 
86.13 	work under contract or otherwise to comply with sections 326.241 to 326.248. The 
86.14 	representative shall give such bond as the board may require conditioned upon the faithful 
86.15 	and lawful performance of such work and such bond shall be for the benefit of persons 
86.16 	injured or suffering financial loss by reason of failure of such performance. Such bond 
86.17 	shall be written by a corporate surety licensed to do business in the state of Minnesota. 
86.18 	Such representative shall also comply with all public liability and property damage 
86.19 	insurance requirements imposed by this chapter upon a licensed contractor. 
86.20 		Subd. 11.Reciprocity. To the extent that any other state which provides for the 
86.21 	licensing of electricians provides for similar action the board may grant licenses, without 
86.22 	examination, of the same grade and class to an electrician who has been licensed by such 
86.23 	other state for at least one year, upon payment by the applicant of the required fee and 
86.24 	upon the board being furnished with proof that the required fee and upon the board being 
86.25 	furnished with proof that the qualifications of the applicant are equal to the qualifications 
86.26 	of holders of similar licenses in Minnesota.
86.27 		Subd. 12.Exemptions from licensing. (a) An individual who is a maintenance 
86.28 	electrician who is supervised by the responsible master electrician for a contractor who 
86.29 	has contracted with the maintenance electrician's employer to provide services for which 
86.30 	a contractor's license is required or by a master electrician or an electrical engineer 
86.31 	registered with the board and who is an employee of an employer and is engaged in the 
86.32 	maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased 
86.33 	by the employer, and performed within the limits of property which is owned or leased 
86.34 	and operated and maintained by said employer, shallis not be required to hold or obtain a 
86.35 	license under sections 326.241 to 326.248. if:
87.1 	(1) the individual is engaged in the maintenance and repair of electrical equipment, 
87.2 	apparatus, and facilities that are owned or leased by the individual's employer and that are 
87.3 	located within the limits of property operated, maintained, and either owned or leased by 
87.4 	the individual's employer;
87.5 	(2) the individual is supervised by:
87.6 	(i) the responsible master electrician for a contractor who has contracted with the 
87.7 	individual's employer to provide services for which a contractor's license is required; or
87.8 	(ii) a licensed master electrician, a licensed maintenance electrician, an electrical 
87.9 	engineer, or, if the maintenance and repair work is limited to technology circuit and system 
87.10 	work, a licensed power limited technician; and
87.11 	(3) the individual's employer has filed with the board a certificate of responsible 
87.12 	person, signed by the responsible master electrician of the contractor, the licensed master 
87.13 	electrician, the licensed maintenance electrician, the electrical engineer, or the licensed 
87.14 	power limited technician, and stating that the person signing the certificate is responsible 
87.15 	for ensuring that the maintenance and repair work performed by the employer's employees 
87.16 	complies with sections 326.241 to 326.248 and rules adopted.
87.17 	(b) Employees of a licensed electrical or technology systems contractor or other 
87.18 	employer where provided with supervision by a master electrician in accordance with 
87.19 	subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 
87.20 	(a), clause (1), are not required to hold a license under sections 326.241 to 326.248 for the 
87.21 	planning, laying out, installing, altering, and repairing of technology circuits or systems 
87.22 	except planning, laying out, or installing: 
87.23 	(1) in other than residential dwellings, class 2 or class 3 remote control circuits that 
87.24 	control circuits or systems other than class 2 or class 3, except circuits that interconnect 
87.25 	these systems through communication, alarm, and security systems are exempted from 
87.26 	this paragraph;
87.27 	(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 
87.28 	physically unprotected circuits other than class 2 or class 3; or
87.29 	(3) technology circuits and systems in hazardous classified locations as covered by 
87.30 	chapter 5 of the National Electrical Code.
87.31 	(c) Companies and their employees that plan, lay out, install, alter, or repair class 
87.32 	2 and class 3 remote control wiring associated with plug or cord and plug connected 
87.33 	appliances other than security or fire alarm systems installed in a residential dwelling are 
87.34 	not required to hold a license under sections 326.241 to 326.248. 
87.35 	(d) Heating, ventilating, air conditioning, and refrigeration contractors and their 
87.36 	employees are not required to hold or obtain a license under sections 326.241 to 326.248
88.1 	when performing heating, ventilating, air conditioning, or refrigeration work as described 
88.2 	in section 326.245. 
88.3 	(e) Employees of any electric electrical, communications, or railway utility, cable 
88.4 	communications company as defined in section 238.02, or a telephone company as defined 
88.5 	under section 237.01 or its employees, or of any independent contractor performing work 
88.6 	on behalf of any such utility, cable communications company, or telephone company, shall 
88.7 	not be required to hold a license under sections 326.241 to 326.248: 
88.8 	(1) while performing work on installations, materials, or equipment which are owned 
88.9 	or leased, and operated and maintained by such utility, cable communications company, or 
88.10 	telephone company in the exercise of its utility, antenna, or telephone function, and which
88.11 	(i) are used exclusively for the generation, transformation, distribution, transmission, 
88.12 	or metering of electric current, or the operation of railway signals, or the transmission 
88.13 	of intelligence and do not have as a principal function the consumption or use of electric 
88.14 	current or provided service by or for the benefit of any person individual other than such 
88.15 	utility, cable communications company, or telephone company, and
88.16 	(ii) are generally accessible only to employees of such utility, cable communications 
88.17 	company, or telephone company or persons acting under its control or direction, and
88.18 	(iii) are not on the load side of the service point or point of entrance for 
88.19 	communication systems;
88.20 	(2) while performing work on installations, materials, or equipment which are a part 
88.21 	of the street lighting operations of such utility; or
88.22 	(3) while installing or performing work on outdoor area lights which are directly 
88.23 	connected to a utility's distribution system and located upon the utility's distribution poles, 
88.24 	and which are generally accessible only to employees of such utility or persons acting 
88.25 	under its control or direction.
88.26 	(f) An owner shall not be required to hold or obtain a license under sections 326.241
88.27 	to 326.248. 

88.28 	Sec. 22. Minnesota Statutes 2006, section 326.243, is amended to read:
88.29 	326.243 SAFETY STANDARDS.
88.30 	All electrical wiring, apparatus and equipment for electric electrical light, heat and 
88.31 	power, technology circuits or systems shall comply with the rules of the department of 
88.32 	Commerce or the Department of Labor and Industry, as applicable, Board of Electricity
88.33 	and be installed in conformity with accepted standards of construction for safety to life 
88.34 	and property. For the purposes of this chapter, the rules and safety standards stated at 
88.35 	the time the work is done in the then most recently published edition of the National 
89.1 	Electrical Code as adopted by the National Fire Protection Association, Inc. and approved 
89.2 	by the American National Standards Institute, and the National Electrical Safety Code 
89.3 	as published by the Institute of Electrical and Electronics Engineers, Inc. and approved 
89.4 	by the American National Standards Institute, shall be prima facie evidence of accepted 
89.5 	standards of construction for safety to life and property; provided further, that in the event 
89.6 	a Minnesota Building Code is formulated pursuant to section  16B.61, containing approved 
89.7 	methods of electrical construction for safety to life and property, compliance with said 
89.8 	methods of electrical construction of said Minnesota Building Code shall also constitute 
89.9 	compliance with this section, and provided further, that nothing herein contained shall 
89.10 	prohibit any political subdivision from making and enforcing more stringent requirements 
89.11 	than set forth herein and such requirements shall be complied with by all licensed 
89.12 	electricians working within the jurisdiction of such political subdivisions. 

89.13 	Sec. 23. Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read:
89.14 		Subdivision 1.Required inspection. Except where any political subdivision has by 
89.15 	ordinance provided for electrical inspection similar to that herein provided, every new 
89.16 	electrical installation in any construction, remodeling, replacement, or repair, except minor 
89.17 	repair work as the same is defined by the board by rule, shall be inspected by the board for 
89.18 	compliance with accepted standards of construction for safety to life and property.

89.19 	Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
89.20 		Subd. 1a.Technology systems. (a) The installation of the technology circuits or 
89.21 	systems described in paragraph (b), except:
89.22 	(1) minor work performed by a contractor;
89.23 	(2) work performed by a heating, ventilating, or air conditioning contractor as 
89.24 	described in section 326.245; and 
89.25 	(3) work performed by cable company employees when installing cable 
89.26 	communications systems or telephone company employees when installing telephone 
89.27 	systems,
89.28 	must be inspected as provided in this section for compliance with the applicable provisions 
89.29 	of the National Electrical Code and the applicable provisions of the National Electrical 
89.30 	Safety Code, as those codes were approved by the American National Standards Institute.
89.31 	(b) The inspection requirements in paragraph (a) apply to:
89.32 	(1) remote control circuits controlling class 2 or class 3 remote control circuits that 
89.33 	control circuits or systems other than class 2 or class 3 and indoor lighting, except circuits 
89.34 	that interconnect these systems exempted by section 326.242, subdivision 12, paragraph 
90.1 	(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, 
90.2 	or devices containing physically unprotected circuits other than class 2 or class 3; or 
90.3 	technology circuits and systems in hazardous classified locations as covered by chapter 5 
90.4 	of the National Electrical Code; 
90.5 	(2) fire alarm systems, other than in one- or two-family dwellings, as defined in 
90.6 	articles 100 and 760 of the National Electrical Code;
90.7 	(3) technology circuits and systems contained within critical care areas of health 
90.8 	care facilities as defined by the safety standards identified in section 326.243, including, 
90.9 	but not limited to, anesthesia and resuscitative alarm and alerting systems, medical 
90.10 	monitoring, and nurse call systems; and
90.11 	(4) physical security systems within detention facilities.; and
90.12 	(5) circuitry and equipment for indoor lighting systems as defined in article 411 
90.13 	of the National Electrical Code.
90.14 	(c) For the purposes of this subdivision "minor work" means the adjustment or repair 
90.15 	and replacement of worn or defective parts of a technology circuit or system. Minor 
90.16 	work may be inspected under this section at the request of the owner of the property 
90.17 	or the person individual doing the work.
90.18 	(d) Notwithstanding this subdivision, if an electrical inspector observes that a 
90.19 	contractor, employer, or owner has not complied with accepted standards when the 
90.20 	work was performed, as provided in the most recent editions of the National Electrical 
90.21 	Code and the National Electrical Safety Code as approved by the American National 
90.22 	Standards Institute, the inspector may order the contractor, employer, or owner who has 
90.23 	performed the work to file a request for electrical inspection, pay an inspection fee, and 
90.24 	make any necessary repairs to comply with applicable standards and require that the 
90.25 	work be inspected.

90.26 	Sec. 25. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision 
90.27 	to read:
90.28 		Subd. 1b.Licenses; bond. All inspectors shall hold licenses as master or 
90.29 	journeyman electricians under this chapter. All inspectors under contract with the 
90.30 	department to provide electrical inspection services shall give bond in the amount of 
90.31 	$1,000, conditioned upon the faithful performance of their duties.

90.32 	Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
90.33 		Subd. 5.Exemptions from inspections. Installations, materials, or equipment shall 
90.34 	not be subject to inspection under sections  326.241 to  326.248: 
91.1 	(1) when owned or leased, operated and maintained by any employer whose 
91.2 	maintenance electricians are exempt from licensing under sections  326.241 to  326.248, 
91.3 	while performing electrical maintenance work only as defined by board rule; 
91.4 	(2) when owned or leased, and operated and maintained by any electric electrical, 
91.5 	communications, or railway utility, cable communications company as defined in section  
91.6 	238.02, or telephone company as defined under section  237.01, in the exercise of its 
91.7 	utility, antenna, or telephone function; and 
91.8 	(i) are used exclusively for the generations, transformation, distribution, 
91.9 	transmission, or metering of electric current, or the operation of railway signals, or the 
91.10 	transmission of intelligence, and do not have as a principal function the consumption or 
91.11 	use of electric current by or for the benefit of any person individual other than such utility, 
91.12 	cable communications company, or telephone company; and
91.13 	(ii) are generally accessible only to employees of such utility, cable communications 
91.14 	company, or telephone company or persons acting under its control or direction; and
91.15 	(iii) are not on the load side of the service point or point of entrance for 
91.16 	communication systems;
91.17 	(3) when used in the street lighting operations of an electric electrical utility;
91.18 	(4) when used as outdoor area lights which are owned and operated by an electric
91.19 	electrical utility and which are connected directly to its distribution system and located 
91.20 	upon the utility's distribution poles, and which are generally accessible only to employees 
91.21 	of such utility or persons acting under its control or direction;
91.22 	(5) when the installation, material, and equipment are in facilities subject to the 
91.23 	jurisdiction of the federal Mine Safety and Health Act; or
91.24 	(6) when the installation, material, and equipment is part of an elevator installation 
91.25 	for which the elevator contractor, licensed under section  326.242, is required to obtain 
91.26 	a permit from the authority having jurisdiction as provided by section  16B.747, and 
91.27 	the inspection has been or will be performed by an elevator inspector certified by the 
91.28 	department of Administration and licensed by the Board of Electricity. This exemption 
91.29 	shall apply only to installations, material, and equipment permitted or required to be 
91.30 	connected on the load side of the disconnecting means required for elevator equipment 
91.31 	under National Electric Electrical Code Article 620, and elevator communications and 
91.32 	alarm systems within the machine room, car, hoistway, or elevator lobby. 

91.33 	Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 6, is amended to read:
91.34 		Subd. 6.Site inspections. The board may, without advance notice, inspect 
91.35 	any site at which electrical work is being performed or has been performed or where 
92.1 	records concerning the performance of electrical work are kept for purposes of ensuring 
92.2 	compliance with sections 326.241 to 326.248 or any rule or order adopted or issued under 
92.3 	these sections. With respect to electrical work performed at or records kept in an occupied 
92.4 	private dwelling, all inspections permitted by this subdivision shall occur during normal 
92.5 	business hours and shall be preceded by advance notice, which need not be in writing. The 
92.6 	board shall have the authority to examine and copy all records concerning the performance 
92.7 	of electrical work and to question in private all persons employed by a contractor or on the 
92.8 	site. No personindividual shall retaliate in any manner against any employee or person
92.9 	individual who is questioned by, cooperates with, or provides information to the board, its 
92.10 	complaint committee, or the attorney general. 

92.11 	Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read:
92.12 	326.2441 INSPECTION FEE SCHEDULE.
92.13 		Subdivision 1.Schedule. State electrical inspection fees shall be paid according to
92.14 	calculated according to subdivisions 2 to 13 15.
92.15 		Subd. 2.Fee for each separate inspection. The minimum fee for each separate 
92.16 	inspection of an installation, replacement, alteration, or repair is $20 30.
92.17 		Subd. 3.Fee for services, generators, other power supply sources, or feeders to 
92.18 	separate structures. The inspection fee for the installation, addition, alteration, or repair 
92.19 	of each service, change of service, temporary service, generator, other power supply 
92.20 	source, or feeder to a separate structure is:
92.21 	(1) 0 ampere to and including 400 ampere capacity, $25 $35;
92.22 	(2) 401 ampere to and including 800 ampere capacity, $50 $60; and
92.23 	(3) ampere capacity above 800, $75 $100.
92.24 	Where multiple disconnects are grouped at a single location and are supplied by a 
92.25 	single set of supply conductors the cumulative rating of the overcurrent devices shall be 
92.26 	used to determine the supply ampere capacity.
92.27 		Subd. 4.Fee for circuits, feeders, feeder taps, or sets of transformer secondary 
92.28 	conductors. The inspection fee for the installation, addition, alteration, or repair of 
92.29 	each circuit, feeder, feeder tap, or set of transformer secondary conductors, including 
92.30 	the equipment served, is:
92.31 	(1) 0 ampere to and including 200 ampere capacity, $5 $6; and
92.32 	(2) ampere capacity above 200, $10 $15.
92.33 	Where existing feeders and circuits are reconnected to overcurrent devices installed 
92.34 	as part of the replacement of an existing disconnect, switchboard, motor control center, or 
92.35 	panelboard, the inspection fee for each circuit or feeder is $2.
93.1 		Subd. 5.Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
 93.2 	(a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family 
93.3 	dwelling with a supply of up to 500 amperes where a combination of ten or more sources 
93.4 	of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80.
93.5 	is the following:
93.6 	(1) the fee for each service or other source of power as provided in subdivision 3;
93.7 	(2) $100 for up to 30 feeders and circuits; and
93.8 	(3) for each additional feeder or circuit, the fee as provided in subdivision 4.
93.9 	This fee applies to each separate installation for new dwellings and additions, alterations, 
93.10 	or repairs to existing dwellings and includes not more than two inspections.where 15 
93.11 	or more feeders or circuits are installed or extended in connection with any addition, 
93.12 	alteration, or repair to existing dwellings. Where existing feeders and circuits are 
93.13 	reconnected to overcurrent devices installed as part of the replacement of an existing 
93.14 	panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number 
93.15 	of separate inspections shall be determined in accordance with subdivision 2. The 
93.16 	fee for additional inspections or other installations is that specified in subdivisions 2 
93.17 	to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the 
93.18 	request for electrical inspection. The fee for each detached accessory structure directly 
93.19 	associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and 
93.20 	4. When included on the same request for electrical inspection form, inspection fees for 
93.21 	detached accessory structures directly associated with the dwelling unit may be combined 
93.22 	with the dwelling unit fees to determine the maximum number of separate inspections in 
93.23 	accordance with subdivision 2.
93.24 	(b) The inspection fee for each dwelling unit of a multifamily dwelling with three 
93.25 	to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.
93.26 	$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder 
93.27 	or circuit. This fee applies to each separate installation for each new dwelling unit and 
93.28 	where ten or more feeders or circuits are installed or extended in connection with any 
93.29 	addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits 
93.30 	are reconnected to overcurrent devices installed as part of the replacement of an existing 
93.31 	panelboard, the fee for each feeder or circuit is $2. The maximum number of separate 
93.32 	inspections for each dwelling unit shall be determined according to subdivision 2. The fee 
93.33 	for additional inspections or other installation is that specified in subdivisions 2, 4, 6, and 
93.34 	8. These fees include only inspection of the wiring within individual dwelling units and 
93.35 	the final feeder to that unit. This limitation is subject to the following conditions where:
94.1 	(1) the multifamily dwelling is provided with common service equipment and 
94.2 	each dwelling unit is supplied by a separate feeder extended from the common service 
94.3 	distribution equipment. The fee for multifamily dwelling services or other power source 
94.4 	supplies and all other circuits is that specified in subdivisions 2 to 4; and.
94.5 	(2) this limitation applies only to new installations for multifamily dwellings where 
94.6 	the majority of the individual dwelling units are available for inspection during each 
94.7 	inspection trip.
94.8 	(c) A separate request for electrical inspection form must be filed for each dwelling 
94.9 	unit that is supplied with an individual set of service entrance conductors. These fees are 
94.10 	the one-family dwelling rate specified in paragraph (a).
94.11 		Subd. 6.Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical 
94.12 	supply for each manufactured home park lot is $25 $35. This fee includes the service or 
94.13 	feeder conductors up to and including the service equipment or disconnecting means. 
94.14 	The fee for feeders and circuits that extend from the service or disconnecting means is 
94.15 	that specified in subdivision 4.
94.16 	(b) The fee for each recreational vehicle site electrical supply equipment is $5 $6 
94.17 	for each circuit originating within the equipment. The fee for recreational vehicle park 
94.18 	services, feeders, and circuits is that specified in subdivisions 3 and 4.
94.19 	(c) The fee for each street, parking lot, or outdoor area lighting standard is $1, and the 
94.20 	fee for each traffic signal standard is $5. Circuits originating within the standard or traffic 
94.21 	signal controller shall not be used when computing calculating the fee for each standard.
94.22 	(d) The fee for transformers for light, heat, and power is $10 $15 for transformers 
94.23 	rated up to ten kilovolt-amperes and $20$30 for transformers rated in excess of ten 
94.24 	kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power 
94.25 	supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power 
94.26 	supplies.
94.27 	(e) The fee for transformers and electronic power supplies for electric signs and 
94.28 	outline lighting is $5 per unit.
94.29 	(f) The fee for alarm, communication, remote control, and signalingtechnology 
94.30 	circuits or systems, and circuits of less than 50 volts, is 5075 cents for each system device 
94.31 	or apparatus.
94.32 	(g) The fee for each separate inspection of the bonding for a swimming pool, spa, 
94.33 	fountain, an equipotential plane for an agricultural confinement area, or similar installation 
94.34 	shall be $20 is $35. Bonding conductors and connections require an inspection before 
94.35 	being concealed.
95.1 	(h) The fee for all wiring installed on center pivot irrigation booms is $40 $35 plus 
95.2 	$5 for each electrical drive unit.
95.3 	(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per 
95.4 	lighting fixture luminaire.
95.5 	(j) When a separate inspection of a concrete-encased grounding electrode is 
95.6 	performed, the fee is $35.
95.7 	(k) The fees required by subdivisions 3 and 4 are doubled for installations over 
95.8 	600 volts.
95.9 		Subd. 7.Investigation fees: work without a request for electrical inspection.
 95.10 	(a) Whenever any work for which a request for electrical inspection is required by the 
95.11 	board has begun without the request for electrical inspection form being filed with the 
95.12 	board, a special investigation shall be made before a request for electrical inspection form 
95.13 	is accepted by the board.
95.14 	(b) An investigation fee, in addition to the full fee required by subdivisions 1 
95.15 	to 6, shall be paid before an inspection is made. The investigation fee is two times the 
95.16 	hourly rate minimum fee specified in subdivision 10 2 or the inspection fee required 
95.17 	by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the 
95.18 	investigation fee does not exempt any person from compliance with all other provisions of 
95.19 	the board department rules or statutes nor from any penalty prescribed by law.
95.20 		Subd. 8.Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5, 
95.21 	when reinspection is necessary to determine whether unsafe conditions identified during a 
95.22 	final inspection have been corrected and the conditions are not the subject of an appeal 
95.23 	pending before the board commissioner or any court, a reinspection fee of $20 may  $35 
95.24 	shall be assessed in writing by the inspector.
95.25 		Subd. 9.Supplemental fee. When inspections scheduled by the installer are 
95.26 	preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due 
95.27 	to circumstances beyond the control of the inspector, a supplemental inspection fee of 
95.28 	$20 may  $35 shall be assessed in writing by the inspector.
95.29 		Subd. 10.Special inspection. For inspections not covered in this section, or for 
95.30 	requested special inspections or services, the fee shall be $30 is $80 per hour, including 
95.31 	travel time, plus 31 cents the standard mileage rate per mile traveled, plus the reasonable 
95.32 	cost of equipment or material consumed. This provision is applicable to inspection of 
95.33 	empty conduits and other jobs as may be determined by the board. This fee may also be 
95.34 	assessed when installations are not accessible by roadway and require alternate forms of 
95.35 	transportation. or are located in the Northwest Angle, or when inspections are performed 
95.36 	outside of Minnesota. For purposes of this subdivision, the standard mileage rate is the 
96.1 	standard mileage rate effective at the time of travel, as established by the Internal Revenue 
96.2 	Service for computing the deductible costs of operating an automobile for business 
96.3 	expense purposes.
96.4 		Subd. 11.Inspection of transitory projects. (a) For inspection of transitory 
96.5 	projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production 
96.6 	sites, and portable road construction plants, the inspection procedures and fees are as 
96.7 	specified in paragraphs (b) to (i).
96.8 	(b) The fee for inspection of each generator or other source of supply is that specified 
96.9 	in subdivision 3. A like fee is required at each engagement or setup.
96.10 	(c) In addition to the fee for generators or other sources of supply, there must be an 
96.11 	inspection of all installed feeders, circuits, and equipment at each engagement or setup at 
96.12 	the hourly rate specified in subdivision 10, with a two-hourone-hour minimum.
96.13 	(d) An owner, operator, or appointed representative of a transitory enterprise 
96.14 	including, but not limited to, festivals, fairs, carnivals, circuses, production companies, 
96.15 	shows, portable road construction plants, and similar enterprises shall notify the board of 
96.16 	its itinerary or schedule and make application for initial inspection a minimum of 14 days 
96.17 	before its first engagement or setup. An owner, operator, or appointed representative of 
96.18 	a transitory enterprise who fails to notify the board 14 days before its first engagement 
96.19 	or setup may be subject to the investigation fees specified in subdivision 7. The owner, 
96.20 	operator, or appointed representative shall request inspection and pay the inspection 
96.21 	fee for each subsequent engagement or setup at the time of the initial inspection. For 
96.22 	subsequent engagements or setups not listed on the itinerary or schedule submitted to the 
96.23 	board and where the board is not notified at least 48 hours in advance, a charge of $100 
96.24 	may be made in addition to all required fees.
96.25 	(e) Amusement rides, devices, concessions, attractions, or other units must be 
96.26 	inspected at their first appearance of the year. The inspection fee is $20 $35 per unit with a 
96.27 	supply of up to 60 amperes and $30 $40 per unit with a supply above 60 amperes.
96.28 	(f) An additional fee at the hourly rate specified in subdivision 10 must be charged 
96.29 	for additional time spent by each inspector if equipment is not ready or available for 
96.30 	inspection at the time and date specified on the application for initial inspection or the 
96.31 	request for electrical inspection form.
96.32 	(g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours
96.33 	one hour at the hourly rate specified in subdivision 10 must be charged for inspections 
96.34 	required to be performed on Saturdays, Sundays, holidays, or after regular business hours.
96.35 	(h) The fee for reinspection of corrections or supplemental inspections where an 
96.36 	additional trip is necessary may be assessed as specified in subdivision 8.
97.1 	(i) The board mayshall retain the inspection fee when an owner, operator, or 
97.2 	appointed representative of a transitory enterprise fails to notify the board at least 48 hours 
97.3 	in advance of a scheduled inspection that is canceled.
97.4 		Subd. 11a.Negotiated fee. When the fee calculated according to subdivisions 2 to 
97.5 	11 results in a total fee that unreasonably exceeds the cost of inspection, the board may 
97.6 	negotiate a fee that more reasonably offsets the cost of inspection.
97.7 		Subd. 12.Handling fee. The handling fee to pay the cost of printing and handling 
97.8 	of the paper form requesting an electrical inspection is up to $1.
97.9 		Subd. 13.National Electrical Code used for interpretation of provisions. For 
97.10 	purposes of interpretation of interpreting this section and Minnesota Rules, chapter 3800, 
97.11 	the most recently adopted edition of the National Electrical Code shall be prima facie 
97.12 	evidence of the definitions, interpretations, and scope of words and terms used.

97.13 	EFFECTIVE DATE. This section is effective July 1, 2007.

97.14 	Sec. 29.  REPEALER.
 97.15 	Minnesota Statutes 2006, section 326.01, subdivision 4, is repealed.

97.16 	ARTICLE 6
97.17 	PLUMBING

97.18 	Section 1. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
97.19 		Subd. 7.Journeyman plumber. A "journeyman plumber" is any person an 
97.20 	individual, other than a master plumber, who, as a principal occupation, is engaged as an 
97.21 	employee of, or is otherwise working under the direction of, a master plumber in the 
97.22 	practical installation of plumbing.

97.23 	Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
97.24 		Subd. 8.Master plumber. A "master plumber" is any person an individual who is
97.25 	skilled in the planning, superintending, and the practical installation of plumbing and, who 
97.26 	is otherwise lawfully qualified to contract for plumbing and installations and to conduct 
97.27 	the business of plumbing and who is familiar with the laws and rules governing the same.

97.28 	Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 9, is amended to read:
97.29 		Subd. 9.Plumber's apprentice. A "plumber's apprentice" is any person an 
97.30 	individual, other than a journeyman or master plumber, who, as a principal occupation, is 
97.31 	engaged in working as an employee of a plumbing contractor plumbing work under the 
98.1 	immediate and personal direct supervision of either a master or journeyman plumber or 
98.2 	plumbing contractor in learning to learn and assisting assist in the installation of plumbing.

98.3 	EFFECTIVE DATE. This section is effective July 1, 2007.

98.4 	Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
98.5 	326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY 
98.6 	STANDARDS; LICENSE EXEMPTION.
98.7 		Subdivision 1.Rules. The state commissioner of health may, by rule, prescribe 
98.8 	minimum standards which shall be uniform, and which standards shall thereafter be 
98.9 	effective for all new plumbing installations, including additions, extensions, alterations, 
98.10 	and replacements connected with any water or sewage disposal system owned or operated 
98.11 	by or for any municipality, institution, factory, office building, hotel, apartment building, 
98.12 	or any other place of business regardless of location or the population of the city or town in 
98.13 	which the installation is to be located. Notwithstanding the provisions of Minnesota Rules, 
98.14 	part 4715.3130, as they apply to review of plans and specifications, the commissioner may 
98.15 	allow plumbing construction, alteration, or extension to proceed without approval of the 
98.16 	plans or specifications by the commissioner.
98.17 	The commissioner shall administer the provisions of sections 326.37 326.361 to 
98.18 	326.45 326.44 and for such purposes may employ plumbing inspectors and other assistants. 
98.19 		Subd. 1a.Agreements with municipalities. The commissioner may enter into an 
98.20 	agreement with a municipality, in which the municipality agrees to perform plan and 
98.21 	specification reviews required to be performed by the commissioner under Minnesota 
98.22 	Rules, part 4715.3130, if:
98.23 	(a) the municipality has adopted:
98.24 	(1) the plumbing code;
98.25 	(2) an ordinance that requires plumbing plans and specifications to be submitted to, 
98.26 	reviewed, and approved by the municipality, except as provided in paragraph (h); 
98.27 	(3) an ordinance that authorizes the municipality to perform inspections required by 
98.28 	the plumbing code; and
98.29 	(4) an ordinance that authorizes the municipality to enforce the plumbing code in its 
98.30 	entirety, except as provided in paragraph (p);
98.31 	(b) the municipality agrees to review plumbing plans and specifications for all 
98.32 	construction for which the plumbing code requires the review of plumbing plans and 
98.33 	specifications, except as provided in paragraph (n);
99.1 	(c) the municipality agrees that, when it reviews plumbing plans and specifications 
99.2 	under paragraph (b), the review will:
99.3 	(1) reflect the degree to which the plans and specifications affect the public health 
99.4 	and conform to the provisions of the plumbing code;
99.5 	(2) ensure that there is no physical connection between water supply systems that 
99.6 	are safe for domestic use and those that are unsafe for domestic use; and
99.7 	(3) ensure that there is no apparatus through which unsafe water may be discharged 
99.8 	or drawn into a safe water supply system;
99.9 	(d) the municipality agrees to perform all inspections required by the plumbing 
99.10 	code in connection with projects for which the municipality reviews plumbing plans and 
99.11 	specifications under paragraph (b);
99.12 	(e) the commissioner determines that the individuals who will conduct the 
99.13 	inspections and the plumbing plan and specification reviews for the municipality do not 
99.14 	have any conflict of interest in conducting the inspections and the plan and specification 
99.15 	reviews;
99.16 	(f) individuals who will conduct the plumbing plan and specification reviews for 
99.17 	the municipality are: 
99.18 	(1) licensed master plumbers;
99.19 	(2) licensed professional engineers; or
99.20 	(3) individuals who are working under the supervision of a licensed professional 
99.21 	engineer and who: are licensed plumbers; hold a postsecondary degree in engineering; or 
99.22 	are certified by a national model code organization on plumbing systems;
99.23 	(g) individuals who will conduct the plumbing plan and specification reviews for 
99.24 	the municipality have passed a competency assessment required by the commissioner to 
99.25 	assess the individual's competency at reviewing plumbing plans and specifications;
99.26 	(h) individuals who will conduct the plumbing inspections for the municipality 
99.27 	are licensed master or journeyman plumbers, or inspectors meeting the competency 
99.28 	requirements established in rules adopted under section 16B.655;
99.29 	(i) the municipality agrees to enforce in its entirety the plumbing code on all 
99.30 	projects, except as provided in paragraph (p); 
99.31 	(j) the municipality agrees to keep official records of all documents received, 
99.32 	including plans, specifications, surveys, and plot plans, and of all plan reviews, permits 
99.33 	and certificates issued, reports of inspections, and notices issued in connection with 
99.34 	plumbing inspections and the review of plumbing plans and specifications;
99.35 	(k) the municipality agrees to maintain the records described in paragraph (j) in the 
99.36 	official records of the municipality for the period required for the retention of public 
100.1 	records under section 138.17, and shall make these records readily available for review at 
100.2 	the request of the commissioner;
100.3 	(l) the municipality and the commissioner agree that if at any time during the 
100.4 	agreement the municipality does not have in effect the plumbing code or any of ordinances 
100.5 	described in item (a), or if the commissioner determines that the municipality is not 
100.6 	properly administering and enforcing the plumbing code or is otherwise not complying 
100.7 	with the agreement:
100.8 	(1) the commissioner may, effective 14 days after the municipality's receipt of 
100.9 	written notice, terminate the agreement;
100.10 	(2) the municipality may challenge the termination in a contested case before the 
100.11 	commissioner according to the Administrative Procedure Act; and
100.12 	(3) while any challenge is pending under item (2), the commissioner shall perform 
100.13 	plan and specification reviews within the municipality under Minnesota Rules, part 
100.14 	4715.3130;
100.15 	(m) the municipality and the commissioner agree that the municipality may terminate 
100.16 	the agreement with or without cause on 90 days' written notice to the commissioner;
100.17 	(n) the municipality and the commissioner agree that the municipality shall forward 
100.18 	to the state for review all plumbing plans and specifications for the following types of 
100.19 	projects within the municipality:
100.20 	(1) hospitals, nursing homes, supervised living facilities, and similar 
100.21 	health-care-related facilities regulated by the Minnesota Department of Health;
100.22 	(2) buildings owned by the federal or state government; and
100.23 	(3) projects of a special nature for which department review is requested by either 
100.24 	the municipality or the state;
100.25 	(o) where the municipality forwards to the state for review plumbing plans and 
100.26 	specifications, as provided in paragraph (n), the municipality shall not collect any fee for 
100.27 	plan review, and the commissioner shall collect all applicable fees for plan review; and
100.28 	(p) no municipality shall revoke, suspend, or place restrictions on any plumbing 
100.29 	license issued by the state.
100.30 		Subd. 1b.Existing agreements with municipalities. Any agreement between the 
100.31 	commissioner and a municipality in which the municipality has agreed to perform plan 
100.32 	and specification reviews required to be performed by the commissioner under Minnesota 
100.33 	Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall 
100.34 	remain in effect and shall not be required to be in compliance with subdivision 1a. If any 
100.35 	agreement to perform plan and specification reviews required to be performed by the 
100.36 	commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of 
101.1 	subdivision 1a is later terminated by operation of the terms of the agreement or by either 
101.2 	the commissioner or the municipality, or expires, then any new agreement between the 
101.3 	commissioner and the municipality to perform plan and specification reviews required to 
101.4 	be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply 
101.5 	with subdivision 1a.
101.6 		Subd. 2.Standards for capacity. By January 1, 1993, All new floor-mounted water 
101.7 	closets in areas under jurisdiction of the State plumbing code may not have a flush volume 
101.8 	of more than 1.6 gallons. The water closets must meet the standards of the commissioner 
101.9 	and in the plumbing code and the standards of the American National Standards Institute.
101.10 		Subd. 3.Exemption. No license or registration authorized by this section sections 
101.11 	326.361 to 326.44 shall be required of any contractor or employee individual engaged 
101.12 	in or employed by a person engaged in the work or business of pipe laying outside of 
101.13 	buildings if such person individual or employer is engaged in a business or trade which 
101.14 	has traditionally performed such work within the state prior to January 1, 1994.

101.15 	Sec. 5. Minnesota Statutes 2006, section 326.38, is amended to read:
101.16 	326.38 LOCAL REGULATIONS.
101.17 	Any city having a system of waterworks or sewerage, or any town in which reside 
101.18 	over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 
101.19 	airports commission, Any of the following entities may, by ordinance, adopt local 
101.20 	regulations providing for plumbing permits, bonds, approval of plans and specifications, 
101.21 	and inspections of plumbing, which regulations are not in conflict with the plumbing 
101.22 	standards on the same subject prescribed by the state commissioner of health. code: any 
101.23 	city having a system of waterworks or sewerage, regardless of population; any town 
101.24 	having a population of 5,000 or more according to the last federal census, exclusive of any 
101.25 	statutory cities located therein; and the Metropolitan Airports Commission. No city or 
101.26 	such town such entity shall prohibit plumbers licensed by the state commissioner of health
101.27 	from engaging in or working at the business of plumbing, except cities and statutory cities 
101.28 	which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such 
101.29 	entity shall require any person who engages in the business of plumbing to post a bond 
101.30 	as a prerequisite for engaging in the business of plumbing, except the bond to the state 
101.31 	required under section 326.40 and except any performance bond required under a contract 
101.32 	with the person for the performance of plumbing work for the entity. No such entity shall 
101.33 	require any person who engages in the business of plumbing to maintain public liability 
101.34 	insurance as a prerequisite for engaging in the business of plumbing, except the insurance 
101.35 	required under section 326.40 and except any public liability insurance required under 
102.1 	a contract with the person for the performance of plumbing work for the entity. Any 
102.2 	city by ordinance may prescribe regulations, reasonable standards, and inspections and 
102.3 	grant permits to any person, firm, or corporation engaged in the business of installing 
102.4 	water softeners, who is not licensed as a master plumber or journeyman plumber by the 
102.5 	state commissioner of health, to connect water softening and water filtering equipment 
102.6 	to private residence water distribution systems, where provision has been previously 
102.7 	made therefor and openings left for that purpose or by use of cold water connections to 
102.8 	a domestic water heater; where it is not necessary to rearrange, make any extension or 
102.9 	alteration of, or addition to any pipe, fixture or plumbing connected with the water system 
102.10 	except to connect the water softener, and provided the connections so made comply with 
102.11 	minimum standards prescribed by the state commissioner of health.

102.12 	Sec. 6. Minnesota Statutes 2006, section 326.39, is amended to read:
102.13 	326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER 
102.14 	OF HEALTH.
102.15 	Such local authority as may be designated by any such ordinance for the issuance of 
102.16 	such plumbing permits and approval of such plans shall report to the state commissioner 
102.17 	of healthof labor and industry persistent or willful violation of the same and any 
102.18 	incompetence of a licensed plumber observed by the local authority.

102.19 	Sec. 7. Minnesota Statutes 2006, section 326.40, is amended to read:
102.20 	326.40 LICENSING, BOND AND INSURANCE.
102.21 		Subdivision 1.License required Plumbers must be licensed in certain cities; 
102.22 	master and journeyman plumbers; plumbing on one's own premises; rules for 
102.23 	examination. In any city now or hereafter having 5,000 or more population having a 
102.24 	population of 5,000 or more, according to the last federal census, and having a system 
102.25 	of waterworks or sewerage, no person, firm, or corporation individual shall engage in or 
102.26 	work at the business of a master plumber or journeyman plumber unless licensed to do so 
102.27 	by the state commissioner of health. A master plumber may also work as a journeyman 
102.28 	plumber. Anyone Any individual not so licensed may do plumbing work which complies 
102.29 	with the provisions of the minimum standard prescribed by the state commissioner of 
102.30 	health on premises or that part of premises owned and actually occupied by the worker as 
102.31 	a residence, unless otherwise forbidden to do so by a local ordinance.
102.32 	In any such city no person, firm, or corporation shall engage in the business of 
102.33 	planning, superintending, or installing plumbing nor or shall install plumbing in connection 
102.34 	with the dealing in and selling of plumbing material and supplies unless at all times a 
103.1 	licensed master plumber, who shall be responsible for proper planning, superintending, 
103.2 	and installation, is in charge of the plumbing work of the person, firm, or corporation.
103.3 	The department of Health shall prescribe rules, not inconsistent herewith, for the 
103.4 	examination and licensing of plumbers.
103.5 		Subd. 2.Bond; insurance. Any person contracting to do plumbing work must give 
103.6 	bond to the state in the amount of $25,000 for all work entered into within the state. The 
103.7 	bond shall be for the benefit of persons injured or suffering financial loss by reason of 
103.8 	failure to comply with the requirements of the State Plumbing Code. A The bond given to 
103.9 	the state shall be filed with the commissioner of health and shall be in lieu of all other 
103.10 	bonds to any political subdivision required for plumbing work. The bond shall be written 
103.11 	by a corporate surety licensed to do business in the state.
103.12 	In addition, each applicant for a master plumber license or renewal thereof, may
103.13 	shall provide evidence of public liability insurance, including products liability insurance 
103.14 	with limits of at least $50,000 per person and $100,000 per occurrence and property 
103.15 	damage insurance with limits of at least $10,000. The insurance shall be written by an 
103.16 	insurer licensed to do business in the state of Minnesota and each licensed master plumber 
103.17 	shall maintain on file with the state commissioner of health a certificate evidencing the 
103.18 	insurance providing that the insurance shall not be canceled without the insurer first giving 
103.19 	15 days written notice to the commissioner. The term of the insurance shall be concurrent 
103.20 	with the term of the license. The certificate shall be in lieu of all other certificates required 
103.21 	by any political subdivision for licensing purposes.
103.22 		Subd. 3.Bond and insurance exemption. If a master plumber who is an employee 
103.23 	of a master plumber or who is an employee engaged within the limits of property owned, 
103.24 	leased and operated, or maintained by the employer, in the maintenance and repair of 
103.25 	plumbing equipment, apparatus, or facilities owned or leased by the employer,who is in 
103.26 	compliance with the bond and insurance requirements of subdivision 2 employs another 
103.27 	master plumber, the employee master plumber shall not be required to meet the bond and 
103.28 	insurance requirements of subdivision 2. A master plumber who is an employee working 
103.29 	on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or 
103.30 	leased by their employer and which is within the limits of property owned or leased, and 
103.31 	operated or maintained by their employer, shall not be required to meet the bond and 
103.32 	insurance requirements of subdivision 2.
103.33 		Subd. 4.Alternative compliance. Compliance with the local bond requirements of 
103.34 	a locale within which work is to be performed shall be deemed to satisfy the bond and 
103.35 	insurance requirements of subdivision 2, provided the local ordinance requires at least a 
103.36 	$25,000 bond.
104.1 		Subd. 5.Fee. The state commissioner of health may charge Each person giving 
104.2 	bond to the state under subdivision 2 shall pay the department an annual bond filing
104.3 	registration fee commensurate with the cost of administering the bond and insurance 
104.4 	requirements of subdivision 2 of $40.

104.5 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
104.6 	amendments to subdivision 5 are effective July 1, 2007.

104.7 	Sec. 8. Minnesota Statutes 2006, section 326.401, is amended to read:
104.8 	326.401 PLUMBER'S APPRENTICES.
104.9 		Subdivision 1.Registration. A All plumber's apprentice must be registered. To be a 
104.10 	registered plumber's apprentice, an individual must either:
104.11 	(1) be an apprentice employed in the trade of plumbing under an apprenticeship 
104.12 	agreement approved by the department under Minnesota Rules, part 5200.0300; or
104.13 	(2) be registered with the commissioner of health on a registration application form 
104.14 	supplied by the commissioner showing the date of beginning training, age, schooling, 
104.15 	previous experience, employer, and other information required by the commissioner.
104.16 	under subdivision 3 as an unlicensed individual on a registration application form supplied 
104.17 	by the apprenticeship council showing the date of beginning training, schooling, and 
104.18 	previous experience. A registered plumber's apprentice is authorized to assist in the 
104.19 	installation of plumbing only while under the direct supervision of a master or journeyman 
104.20 	plumber. The master or journeyman plumber is responsible for ensuring that all plumbing 
104.21 	work performed by the registered plumber's apprentice complies with the plumbing code. 
104.22 		Subd. 2.Journeyman exam. A registered plumber's apprentice who has 
104.23 	completed four years of practical plumbing experience is eligible to take the journeyman 
104.24 	plumbing examination. Up to 24 months of practical plumbing experience prior to 
104.25 	registration as an apprenticebecoming a registered plumber's apprentice may be applied 
104.26 	to the four-year experience requirement. However, none of this practical plumbing 
104.27 	experience may be applied if the person individual did not have any practical plumbing 
104.28 	experience in the 12-month period immediately prior to registration becoming a registered 
104.29 	plumber's apprentice. The commissioner may adopt rules to evaluate whether the 
104.30 	person's individual's past practical plumbing experience is applicable in preparing for the 
104.31 	journeyman's examination. If two years after completing the training the person individual
104.32 	has not taken the examination, the four years of experience shall be forfeited.
104.33 	The commissioner may allow an extension of the two-year period for taking the 
104.34 	exam for cases of hardship or other appropriate circumstances.
105.1 		Subd. 3.Registration, rules, applications, renewals, and fees. The Department 
105.2 	of Health may assess fees to pay for the administration of the apprentice registration 
105.3 	program. A plumber's apprentice may register by completing and submitting to the 
105.4 	commissioner a registration form provided by the commissioner. A completed registration 
105.5 	form must state the date the apprentice began training, the apprentice's age, schooling, 
105.6 	previous experience, and employer, and other information required by the commissioner. 
105.7 	The department may prescribe rules, not inconsistent with this section, for the registration 
105.8 	of plumber's apprentice. Each applicant for initial registration as a plumber's apprentice 
105.9 	shall pay the department an application fee of $25. Applications for initial registration 
105.10 	may be submitted at any time. Registration must be renewed annually and shall be for the 
105.11 	period from July 1 of each year to June 30 of the following year. Applications for renewal 
105.12 	registration must be received by the commissioner by June 30 of each registration period 
105.13 	on forms provided by the commissioner, and must be accompanied by a fee of $25. An 
105.14 	application for renewal registration received on or after July 1 in any year but no more 
105.15 	than three months after expiration of the previously issued registration must pay the past 
105.16 	due renewal fee plus a late fee of $25. No applications for renewal registration will be 
105.17 	accepted more than three months after expiration of the previously issued registration.

105.18 	EFFECTIVE DATE. This section is effective July 1, 2007.

105.19 	Sec. 9. Minnesota Statutes 2006, section 326.405, is amended to read:
105.20 	326.405 RECIPROCITY WITH OTHER STATES.
105.21 	The commissioner of health may issue a temporary license without examination, 
105.22 	upon payment of the required fee, nonresident applicants who are licensed under the laws 
105.23 	of a state having standards for licensing plumbers which the commissioner determines 
105.24 	are substantially equivalent to the standards of this state if the other state grants similar 
105.25 	privileges to Minnesota residents duly licensed in this state. Applicants who receive a 
105.26 	temporary license under this section may acquire a cumulative 24 months of experience 
105.27 	before they have to apply and pass the plumbing licensing examination. Applicants must 
105.28 	register with the commissioner of labor and industry and the commissioner shall set a fee 
105.29 	for a temporary license. Applicants have four years in which to comply with this section.

105.30 	Sec. 10. Minnesota Statutes 2006, section 326.42, is amended to read:
105.31 	326.42 APPLICATIONS, FEES.
105.32 		Subdivision 1.Application. Applications for plumber's license shall be made to 
105.33 	the state commissioner of health, with fee. Unless the applicant is entitled to a renewal, 
106.1 	the applicant shall be licensed by the state commissioner of health only after passing a 
106.2 	satisfactory examination by the examiners showing fitness. Unless examination fees have 
106.3 	been set by a contract under section 326B.05, examination fees for both journeyman and 
106.4 	master plumbers shall be in an amount prescribed by the state commissioner of health 
106.5 	pursuant to section  144.122 $50 for each examination. Upon being notified that of having 
106.6 	successfully passed the examination for original license the applicant shall submit an 
106.7 	application, with the license fee herein provided. License fees shall be in an amount 
106.8 	prescribed by the state commissioner of health pursuant to section  144.122. Licenses shall 
106.9 	expire and be renewed as prescribed by the commissioner pursuant to section  144.122.
106.10 	The license fee for each initial and renewal master plumber's license shall be $120. The 
106.11 	license fee for each initial and renewal journeyman plumber's license shall be $55. The 
106.12 	commissioner may by rule prescribe for the expiration and renewal of licenses. Any 
106.13 	licensee who does not renew a license within two years after the license expires is no 
106.14 	longer eligible for renewal. Such an individual must retake and pass the examination 
106.15 	before a new license will be issued. A journeyman or master plumber who submits a 
106.16 	license renewal application after the time specified in rule but within two years after the 
106.17 	license expired must pay all past due renewal fees plus a late fee of $25.
106.18 		Subd. 2.Fees for plan reviews and audits. Plumbing system plans and 
106.19 	specifications that are submitted to the commissioner for review shall be accompanied by 
106.20 	the appropriate plan examination fees. If the commissioner determines, upon review of 
106.21 	the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior 
106.22 	to plan approval. The commissioner shall charge the following fees for plan reviews and 
106.23 	audits of plumbing installations for public, commercial, and industrial buildings:
106.24 	(1) systems with both water distribution and drain, waste, and vent systems and 
106.25 	having:
106.26 	(i) 25 or fewer drainage fixture units, $150;
106.27 	(ii) 26 to 50 drainage fixture units, $250;
106.28 	(iii) 51 to 150 drainage fixture units, $350;
106.29 	(iv) 151 to 249 drainage fixture units, $500;
106.30 	(v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum 
106.31 	of $4,000; and
106.32 	(vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch 
106.33 	basin design;
106.34 	(2) building sewer service only, $150;
106.35 	(3) building water service only, $150;
107.1 	(4) building water distribution system only, no drainage system, $5 per supply 
107.2 	fixture unit or $150, whichever is greater;
107.3 	(5) storm drainage system, a minimum fee of $150 or:
107.4 	(i) $50 per drain opening, up to a maximum of $500; and
107.5 	(ii) $70 per interceptor, separator, or catch basin design;
107.6 	(6) manufactured home park or campground, one to 25 sites, $300;
107.7 	(7) manufactured home park or campground, 26 to 50 sites, $350;
107.8 	(8) manufactured home park or campground, 51 to 125 sites, $400;
107.9 	(9) manufactured home park or campground, more than 125 sites, $500;
107.10 	(10) accelerated review, double the regular fee, one-half to be refunded if no 
107.11 	response from the commissioner within 15 business days; and
107.12 	(11) revision to previously reviewed or incomplete plans:
107.13 	(i) review of plans for which the commissioner has issued two or more requests for 
107.14 	additional information, per review, $100 or ten percent of the original fee, whichever 
107.15 	is greater;
107.16 	(ii) proposer-requested revision with no increase in project scope, $50 or ten percent 
107.17 	of original fee, whichever is greater; and
107.18 	(iii) proposer-requested revision with an increase in project scope, $50 plus the 
107.19 	difference between the original project fee and the revised project fee.
107.20 		Subd. 3.Inspection fees. The commissioner shall charge the following fees for 
107.21 	inspections under sections 326.361 to 326.44:

107.22	Residential inspection fee (each visit)
	$50
	
107.23
107.24	Public, commercial, and industrial 
inspections
	Inspection fee
	
107.25	25 or fewer drainage fixture units
	$300
	
107.26	26 to 50 drainage fixture units
	$900
	
107.27	51 to 150 drainage fixture units
	$1,200
	
107.28	151 to 249 drainage fixture units
	$1,500
	
107.29	250 or more drainage fixture units
	$1,800
	
107.30	Callback fee (each visit)
	$100

107.31 	EFFECTIVE DATE. This section is effective July 1, 2007.

107.32 	Sec. 11. [326B.41] PURPOSE.
107.33 	The purpose of sections 326B.41 to 326B.49 is to promote the public health and 
107.34 	safety through properly designed, acceptably installed, and adequately maintained 
107.35 	plumbing systems.

108.1 	Sec. 12. [326B.42] DEFINITIONS.
108.2 		Subdivision 1.Words, terms, and phrases. For purposes of sections 326B.41 to 
108.3 	326B.49, the terms defined in this section have the meanings given to them.
108.4 		Subd. 2.Direct supervision. The term "direct supervision," with respect to direct 
108.5 	supervision of a plumber's apprentice by a master or journeyman plumber, means that:
108.6 	(1) at all times while the plumber's apprentice is performing plumbing work, the 
108.7 	master or journeyman plumber is present at the location where the plumber's apprentice is 
108.8 	working;
108.9 	(2) the master or journeyman plumber is physically present and immediately 
108.10 	available to the plumber's apprentice at all times for assistance and direction;
108.11 	(3) any form of electronic supervision does not meet the requirement of physically 
108.12 	present;
108.13 	(4) the master or journeyman plumber actually reviews the plumbing work 
108.14 	performed by the plumber's apprentice before the plumbing is operated; and
108.15 	(5) the master or journeyman plumber is able to and does determine that all 
108.16 	plumbing work performed by the plumber's apprentice is performed in compliance with 
108.17 	the plumbing code.
108.18 		Subd. 5.Municipality. The term "municipality" shall have the meaning given to it 
108.19 	in section 16B.60, subdivision 3.
108.20 		Subd. 6.Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.

108.21 	Sec. 13. REVISOR'S INSTRUCTION.
 108.22 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
108.23 	column A with the number listed in column B. The revisor shall also make necessary 
108.24 	cross-referenced changes consistent with the renumbering.

108.25	Column A
	Column B
	
108.26	326.01, subd. 7
	326B.42, subd. 3
	
108.27	326.01, subd. 8
	326B.42, subd. 4
	
108.28	326.01, subd. 9
	326B.42, subd. 7
	
108.29	326.37
	326B.43
	
108.30	326.38
	326B.44
	
108.31	326.39
	326B.45
	
108.32	326.40
	326B.46
	
108.33	326.401
	326B.47
	
108.34	326.405
	326B.48
	
108.35	326.42
	326B.49

109.1 	ARTICLE 7
109.2 	WATER CONDITIONING CONTRACTORS AND INSTALLERS

109.3 	Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
109.4 		Subdivision 1.Rulemaking by commissioner of health. The state commissioner 
109.5 	of health shall, by rule, prescribe minimum standards which shall be uniform, and 
109.6 	which standards shall thereafter be effective for all new water conditioning servicing 
109.7 	and water conditioning installations, including additions, extensions, alterations, and 
109.8 	replacements connected with any water or sewage disposal system owned or operated by 
109.9 	or for any municipality, institution, factory, office building, hotel, apartment building or 
109.10 	any other place of business, regardless of location or the population of the city, county 
109.11 	or town in which located. Such rules, upon approval of the attorney general and their 
109.12 	legal publication, shall have the force of law, and the violation of any part thereof shall 
109.13 	constitute a misdemeanor and may be enjoined by the attorney general.

109.14 	Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
109.15 	326.58 LOCAL REGULATIONS.
109.16 	Any city or town with a population of 5,000 or more persons according to the last 
109.17 	federal census may, by ordinance, adopt local regulations providing for water conditioning 
109.18 	permits, bonds, approval of plans, and inspections of water conditioning installations and 
109.19 	servicing, which regulations shall not be in conflict with the water conditioning standards 
109.20 	on the same subject prescribed by the state commissioner of health. No such city or 
109.21 	town shall prohibit water conditioning contractors or installers licensed by the state
109.22 	commissioner of health from engaging in or working at the business.

109.23 	Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
109.24 	326.59 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER 
109.25 	OF HEALTH.
109.26 	Such local authority as may be designated by any such ordinance for the issuance 
109.27 	of such water conditioning installation and servicing permits and approval of such plans 
109.28 	shall report to the state commissioner of health persistent or willful violations of the 
109.29 	same and any incompetence of a licensed water conditioning contractor or licensed water 
109.30 	conditioning installer observed by the local authority.

110.1 	Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
110.2 	326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
110.3 		Subdivision 1.Licensing in certain cities. In any city or town now or hereafter
110.4 	having a population of 5,000 or more according to the last federal census, no person, firm, 
110.5 	or corporation shall engage in or work at the business of water conditioning installation or 
110.6 	servicing after January 1, 1970, unless (a) (1) at all times a person an individual licensed 
110.7 	as a water conditioning contractor by the state commissioner of health shall be responsible 
110.8 	for the proper water conditioning installation and servicing work of such person, firm, or 
110.9 	corporation, and (b) (2) all installations, other than exchanges of portable equipment, are 
110.10 	actually made performed by a licensed water conditioning contractor or licensed water 
110.11 	conditioning installer. Anyone Any individual not so licensed may do perform water 
110.12 	conditioning work which that complies with the provisions of the minimum standard 
110.13 	prescribed by the state commissioner of health on premises or that part of premises owned 
110.14 	and actually occupied by the worker as a residence, unless otherwise forbidden to do so
110.15 	prohibited by a local ordinance.
110.16 		Subd. 2.Qualifications for licensing. A water conditioning contractor license 
110.17 	shall be issued only to a person an individual who has demonstrated skill in planning, 
110.18 	superintending, and servicing water conditioning installations. A water conditioning 
110.19 	installer license shall only be issued to a person an individual other than a water 
110.20 	conditioning contractor who has demonstrated practical knowledge of water conditioning 
110.21 	installation.
110.22 		Subd. 3.Rules. The state commissioner of health shall:
110.23 	(a) (1) prescribe rules, not inconsistent herewith, for the licensing of water 
110.24 	conditioning contractors and installers;
110.25 	(b) (2) license water conditioning contractors and installers;
110.26 	(c) (3) prescribe rules not inconsistent herewith for the examining of water 
110.27 	conditioning contractors and installers prior to first granting a license as a water 
110.28 	conditioning contractor or water conditioning installer; and
110.29 	(d) (4) collect an examination fee from each examinee for a license as a water 
110.30 	conditioning contractor and a an examination fee from each examinee for a license 
110.31 	as a water conditioning installer in an amount prescribed by the state commissioner of 
110.32 	health pursuant to set forth in section 144.122 326.62. A water conditioning installer 
110.33 	must successfully pass the examination for water conditioning contractors before being 
110.34 	licensed as a water conditioning contractor. 

111.1 	Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
111.2 	326.601 ALTERNATIVE STATE BONDING AND INSURANCE 
111.3 	REGULATION.
111.4 		Subdivision 1.Bonds. (a) An applicant for a water conditioning contractor or 
111.5 	installer license or renewal thereof who is required by any political subdivision to give a 
111.6 	bond to obtain or maintain the license, may comply with any political subdivision bonding 
111.7 	requirement by giving a bond to the state as described in paragraph (b). No applicant for a 
111.8 	water conditioning contractor or installer license who maintains the bond under paragraph 
111.9 	(b) shall be otherwise required to meet the bond requirements of any political subdivision.
111.10 	(b) Each bond given to the state under this subdivision shall be in the total penal sum 
111.11 	of $3,000 conditioned upon the faithful and lawful performance of all water conditioning 
111.12 	contracting or installing work done within the state. The bond shall be for the benefit of 
111.13 	persons suffering injuries or damages due to the work. The bond shall be filed with the 
111.14 	commissioner of health and shall be written by a corporate surety licensed to do business 
111.15 	in this state. No applicant for a water conditioning contractor or installer license who 
111.16 	maintains the bond under this subdivision shall be otherwise required to meet the bond 
111.17 	requirements of any political subdivision. The bond must remain in effect at all times 
111.18 	while the application is pending and while the license is in effect.
111.19 		Subd. 2.Insurance. (a) Each applicant for a water conditioning contractor or 
111.20 	installer license or renewal thereof may, in lieu of all other insurance requirements of any 
111.21 	political subdivision for said licensing purposes, maintain the insurance specified by 
111.22 	this subdivision. who is required by any political subdivision to maintain insurance to 
111.23 	obtain or maintain the license may comply with any political subdivision's insurance 
111.24 	requirement by maintaining the insurance described in paragraph (b). No applicant for a 
111.25 	water conditioning contractor or installer license who maintains the insurance described 
111.26 	in paragraph (b) shall be otherwise required to meet the insurance requirements of any 
111.27 	political subdivision.
111.28 	(b) The insurance shall provide coverage, including products liability coverage, 
111.29 	for all damages in connection with licensed work for which the licensee is liable, with 
111.30 	personal damage limits of at least $50,000 per person and $100,000 per occurrence and 
111.31 	property damage insurance with limits of at least $10,000. The insurance shall be written 
111.32 	by an insurer licensed to do business in this state and each licensed water conditioning 
111.33 	contractor or installer shall maintain on file with the commissioner of health a certificate 
111.34 	evidencing the insurance shall be filed with the commissioner. The insurance must remain 
111.35 	in effect at all times while the application is pending and while the license is in effect. The 
112.1 	insurance shall not be canceled without the insurer first giving 15 days' written notice to 
112.2 	the commissioner.
112.3 		Subd. 3.Bond and insurance exemption. A water conditioning contractor or 
112.4 	installer who is an employee of a water conditioning contractor or installer, including 
112.5 	an employee engaged in the maintenance and repair of water conditioning equipment, 
112.6 	apparatus, or facilities owned, leased and operated, or maintained by the employer, is 
112.7 	not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 
112.8 	any political subdivision.
112.9 		Subd. 4.Fee. The commissioner of health may establish by rule an additional 
112.10 	fee commensurate with the cost of administering the bond and insurance requirements 
112.11 	of subdivisions 1 and 2, which may be charged shall collect a $40 bond registration fee 
112.12 	from each applicant for issuance or renewal of a water conditioning contractor or installer 
112.13 	license who elects to proceed under subdivisions 1 and 2.

112.14 	EFFECTIVE DATE. This section is effective December 1, 2007, except that the 
112.15 	amendments to subdivision 4 are effective July 1, 2007.

112.16 	Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
112.17 		Subdivision 1.Water conditioning installation. "Water conditioning installation" 
112.18 	as used in sections  326.57 to  326.65 means the installation of appliances, appurtenances, 
112.19 	and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical 
112.20 	or bacterial content, said installation to be made in a water distribution system serving a 
112.21 	single family residential unit, which has been initially established by a licensed plumber, 
112.22 	and does not involve a direct connection without an air gap to a soil or waste pipe. 

112.23 	Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
112.24 		Subd. 2.Water conditioning servicing. "Water conditioning servicing" as used in 
112.25 	sections  326.57 to  326.65 means the servicing (including servicing prior to installation) of 
112.26 	a water conditioning installation. 

112.27 	Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
112.28 		Subd. 3.Rules. In order to provide effective protection of the public health, the 
112.29 	state commissioner of health may by rule prescribe limitations on the nature of alteration 
112.30 	to, extension of, or connection with, the said water distribution system initially established 
112.31 	by a licensed plumber which may be performed by a person licensed hereunder, and may 
112.32 	by rule in appropriate instances require filing of plans, blueprints and specifications prior 
112.33 	to commencement of installation. Such rules, upon approval of the attorney general and 
113.1 	their legal publication, shall have the force of law, and the violation of any part thereof 
113.2 	shall constitute a misdemeanor. The installation of water heaters shall not constitute water 
113.3 	conditioning installation and consequently such work shall be accomplished in accordance 
113.4 	with the provisions of sections 326.37 326.361 to 326.45 326.44. 

113.5 	Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
113.6 		Subd. 4.Single family residential unit. "Single family residential unit" as used in 
113.7 	sections  326.57 to  326.65 means a building or portion thereof which is arranged, designed, 
113.8 	used or intended to be used for residential occupancy by one family, but not including a 
113.9 	motel, hotel or rooming house. 

113.10 	Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
113.11 	326.62 APPLICATIONS; FEES.
113.12 	Applications for water conditioning contractor's or installer's licenses shall be 
113.13 	made to the state commissioner of health with the fee prescribed by the commissioner 
113.14 	pursuant to section  144.122. Licenses shall expire and be renewed as prescribed by 
113.15 	the commissioner pursuant to section  144.122. Unless examination fees have been set 
113.16 	by a contract under section 326B.05, examination fees for both water conditioning 
113.17 	contractors and water conditioning installers shall be $50 for each examination. Each 
113.18 	water conditioning contractor and installer license shall expire on December 31 of the year 
113.19 	for which it was issued. The license fee for each initial water conditioning contractor's 
113.20 	license shall be $70, except that the license fee shall be $35 if the application is submitted 
113.21 	during the last three months of the calendar year. The license fee for each renewal water 
113.22 	conditioning contractor's license shall be $70. The license fee for each initial water 
113.23 	conditioning installer license shall be $35, except that the license fee shall be $17.50 if the 
113.24 	application is submitted during the last three months of the calendar year. The license fee 
113.25 	for each renewal water conditioning installer license shall be $35. The commissioner may 
113.26 	by rule prescribe for the expiration and renewal of licenses. Any licensee who does not 
113.27 	renew a license within two years after the license expires is no longer eligible for renewal. 
113.28 	Such an individual must retake and pass the examination before a new license will be 
113.29 	issued. A water conditioning contractor or water conditioning installer who submits a 
113.30 	license renewal application after the time specified in rule but within two years after the 
113.31 	license expired must pay all past due renewal fees plus a late fee of $25.

113.32 	EFFECTIVE DATE. This section is effective July 1, 2007.

114.1 	Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
114.2 	326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
114.3 	The provisions of sections  326.57 to  326.65which that require the obtaining of
114.4 	licenses to engage in the work or business of water conditioning installation, and the 
114.5 	provisions which that provide for the examination of applicants for such licenses, shall 
114.6 	only apply to work accomplished in cities or towns having populations of 5,000 or more 
114.7 	according to the last federal census, and shall not apply to master plumbers and journeymen 
114.8 	plumbers licensed under the provisions of sections 326.37 326.361 to 326.45 326.44. 

114.9 	Sec. 12. [326.651] RECIPROCITY WITH OTHER STATES.
114.10 	The commissioner may issue a temporary license without examination, upon 
114.11 	payment of the required fee, nonresident applicants who are licensed under the laws of a 
114.12 	state having standards for licensing which the commissioner determines are substantially 
114.13 	equivalent to the standards of this state if the other state grants similar privileges to 
114.14 	Minnesota residents duly licensed in this state. Applicants who receive a temporary 
114.15 	license under this section may acquire a cumulative 24 months of experience before 
114.16 	they have to apply and pass the licensing examination. Applicants must register with the 
114.17 	commissioner of labor and industry and the commissioner shall set a fee for a temporary 
114.18 	license. Applicants have four years in which to comply with this section.

114.19 	Sec. 13. [326B.50] DEFINITIONS.
114.20 		Subdivision 1.Words, terms, and phrases. For the purposes of sections 326B.50 
114.21 	to 326B.59, the terms defined in this section have the meanings given them.

114.22 	Sec. 14. REVISOR'S INSTRUCTION.
 114.23 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
114.24 	column A with the number listed in column B. The revisor shall also make necessary 
114.25 	cross-reference changes consistent with the renumbering.

114.26	Column A
	Column B
	
114.27	326.57
	326B.52
	
114.28	326.58
	326B.53
	
114.29	326.59
	326B.54
	
114.30	326.60
	326B.55
	
114.31	326.601
	326B.56
	
114.32	326.61, subd. 1
	326B.50, subd. 3
	
114.33	326.61, subd. 2
	326B.50, subd. 4
	
114.34	326.61, subd. 3
	326B.57
	
115.1	326.61, subd. 4
	326B.50, subd. 2
	
115.2	326.62
	326B.58
	
115.3	326.65
	326B.59

115.4 	ARTICLE 8
115.5 	RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

115.6 	Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
115.7 	325E.58 SIGN CONTRACTOR; BOND.
115.8 	(a) A sign contractor may post a compliance bond with the commissioner, 
115.9 	conditioned that the sign contractor shall faithfully perform duties and comply with laws, 
115.10 	ordinances, rules, and contracts entered into for the installation of signs. The bond must 
115.11 	be renewed annually and maintained for so long as determined by the commissioner. The 
115.12 	aggregate liability of the surety on the bond to any and all persons, regardless of the 
115.13 	number of claims made against the bond, may not exceed the annual amount of the bond. 
115.14 	The bond may be canceled as to future liability by the surety upon 30 days' written notice 
115.15 	mailed to the commissioner by United States mail.
115.16 	(b) The amount of the bond shall be $8,000. The bond may be drawn upon only by 
115.17 	a local unit of government that requires sign installers contractors to post a compliance 
115.18 	bond. The bond is in lieu of any compliance bond required by a local unit of government.
115.19 	(c) For purposes of this section, "sign" means a device, structure, fixture, or 
115.20 	placard using graphics, symbols, or written copy that is erected on the premises of an 
115.21 	establishment including the name of the establishment or identifying the merchandise, 
115.22 	services, activities, or entertainment available on the premises.

115.23 	Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
115.24 		Subd. 6.Lessee. "Lessee" means one who rents or leases residential real estate 
115.25 	pursuant to a written lease agreement of at least one year's duration.

115.26 	Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
115.27 		Subd. 7.Licensee. "Licensee" means a residential building contractor, residential 
115.28 	remodeler, manufactured home installer, or residential roofer licensed under sections 
115.29 	326.83 to  326.991 326.98. 

115.30 	Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
115.31 		Subd. 11.Owner. Except in section  326.91, subdivision 1, "owner" means a person 
115.32 	who has any legal or equitable interest in real property. For purposes of sections  326.83
116.1 	to  326.991, "owner" does not include a residential building contractor or residential 
116.2 	remodeler who constructs or improves its own property for purposes of speculation. A 
116.3 	residential building contractor or residential remodeler will be presumed to be building or 
116.4 	improving for purposes of speculation if it constructs or improves more than one property 
116.5 	within any 24-month period. "Owner," when used in connection with real property, means 
116.6 	a person who has any legal or equitable interest in the real property.

116.7 	Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
116.8 		Subd. 18.Residential roofer. "Residential roofer" means a person in the business 
116.9 	of contracting, or offering to contract with an owner, to complete work on residential real 
116.10 	estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of 
116.11 	roof systems, but not construction of new roof systems.

116.12 	Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
116.13 		Subd. 19.Special skill. "Special skill" means one of the following eight categories:
116.14 	(a)  Excavation. Excavation includes work in any of the following areas: 
116.15 	(1) excavation;
116.16 	(2) trenching;
116.17 	(3) grading; and
116.18 	(4) site grading.
116.19 	(b)  Masonry and concrete. Masonry and concrete includes work in any of the 
116.20 	following areas: 
116.21 	(1) drain systems;
116.22 	(2) poured walls;
116.23 	(3) slabs and poured-in-place footings;
116.24 	(4) masonry walls;
116.25 	(5) masonry fireplaces;
116.26 	(6) masonry veneer; and
116.27 	(7) water resistance and waterproofing.
116.28 	(c)  Carpentry. Carpentry includes work in any of the following areas: 
116.29 	(1) rough framing;
116.30 	(2) finish carpentry;
116.31 	(3) doors, windows, and skylights;
116.32 	(4) porches and decks, excluding footings;
116.33 	(5) wood foundations; and
116.34 	(6) drywall installation, excluding taping and finishing.
117.1 	(d)  Interior finishing. Interior finishing includes work in any of the following areas: 
117.2 	(1) floor covering;
117.3 	(2) wood floors;
117.4 	(3) cabinet and counter top installation;
117.5 	(4) insulation and vapor barriers;
117.6 	(5) interior or exterior painting;
117.7 	(6) ceramic, marble, and quarry tile;
117.8 	(7) ornamental guardrail and installation of prefabricated stairs; and
117.9 	(8) wallpapering.
117.10 	(e)  Exterior finishing. Exterior finishing includes work in any of the following 
117.11 	areas: 
117.12 	(1) siding;
117.13 	(2) soffit, fascia, and trim;
117.14 	(3) exterior plaster and stucco;
117.15 	(4) painting; and
117.16 	(5) rain carrying systems, including gutters and down spouts.
117.17 	(f)  Drywall and plaster. Drywall and plaster includes work in any of the following 
117.18 	areas: 
117.19 	(1) installation;
117.20 	(2) taping;
117.21 	(3) finishing;
117.22 	(4) interior plaster;
117.23 	(5) painting; and
117.24 	(6) wallpapering.
117.25 	(g)  Residential roofing. Residential roofing includes work in any of the following 
117.26 	areas: 
117.27 	(1) roof coverings;
117.28 	(2) roof sheathing;
117.29 	(3) roof weatherproofing and insulation; and
117.30 	(4) repair of roof support system, but not construction of new roof support system.
117.31 	(h)  General installation specialties. Installation includes work in any of the 
117.32 	following areas: 
117.33 	(1) garage doors and openers;
117.34 	(2) pools, spas, and hot tubs;
117.35 	(3) fireplaces and wood stoves;
117.36 	(4) asphalt paving and seal coating; and
118.1 	(5) exterior plaster and stucco; and
118.2 	(6) ornamental guardrail and prefabricated stairs.

118.3 	Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
118.4 		Subd. 20.Specialty contractor. "Specialty contractor" means a person in the 
118.5 	business of contracting or offering to contract to build or improve residential real estate by 
118.6 	providing only one special skill as defined in this section.

118.7 	Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
118.8 	326.84 LICENSING REQUIREMENTS.
118.9 		Subdivision 1.Persons required to be licensed. A person who meets the definition 
118.10 	of a residential building contractor as defined in section 326.83, subdivision 15, must be 
118.11 	licensed as a residential building contractor by the commissioner. A person who meets 
118.12 	the definition of a residential remodeler as defined in section  326.83, subdivision 16, 
118.13 	or a residential building contractor as defined in section  326.83, subdivision 15, must 
118.14 	be licensed as a residential building contractor or residential remodeler.16, must be 
118.15 	licensed by the commissioner as a residential remodeler or residential building contractor. 
118.16 	A person who meets the definition of a residential roofer as defined in section 18 must 
118.17 	be licensed by the commissioner as a residential roofer, residential building contractor, 
118.18 	or residential remodeler. A person who meets the definition of a manufactured home 
118.19 	installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured 
118.20 	home installer by the commissioner.
118.21 		Subd. 1a.Persons who may be licensed. A person who meets the definition of 
118.22 	a specialty contractor as defined in section  326.83, subdivision 20 19, may be licensed
118.23 	by the commissioner as a residential building contractor or residential remodeler unless 
118.24 	required to be licensed by the state as a specialty contractor. 
118.25 		Subd. 1b.Prohibition. Except as provided in subdivision 3, no persons required 
118.26 	to be licensed by subdivision 1 may act or hold themselves out as a residential building 
118.27 	contractors or contractor, residential remodelers remodeler, residential roofer, or 
118.28 	manufactured home installer for compensation without a valid license issued by the 
118.29 	commissioner.
118.30 		Subd. 1c.Licensing criteria. The examination and education requirements for 
118.31 	licensure under sections  326.84 to  326.991 326.98 must be fulfilled by a qualifying person 
118.32 	designated by the potential licensee. If the qualifying person is a managing employee, the 
118.33 	qualifying person must be an employee who is regularly employed by the licensee and 
118.34 	is actively engaged in the business of residential contracting or residential remodeling 
119.1 	on behalf of the licensee. For a sole proprietorship, the qualifying person must be the 
119.2 	proprietor or managing employee. For a partnership, the qualifying person must be a 
119.3 	general partner or managing employee. For a limited liability company, the qualifying 
119.4 	person must be a chief manager or managing employee. For a corporation, the qualifying 
119.5 	person must be a chief executive officer an owner, officer, or managing employee. A 
119.6 	qualifying person for a corporation or limited liability company may act as athe qualifying 
119.7 	person for one additional corporation if one of the following conditions exists: 
119.8 	(1) there is a common ownership of at least 25 percent of each licensed corporation 
119.9 	for which the person acts in a qualifying capacity; or
119.10 	(2) one corporation is a subsidiary of another corporation for which the same person 
119.11 	acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of 
119.12 	which at least 25 percent is owned by the parent corporation. more than one corporation 
119.13 	or limited liability company if there is common ownership of at least 25 percent among 
119.14 	each of the licensed corporations or limited liability companies for which the person 
119.15 	acts in the capacity of qualifying person.
119.16 		Subd. 1d.Required information. (a) Each licensee or applicant for licensure shall 
119.17 	provide to the commissioner a current street address and telephone number where the 
119.18 	licensee resides, and a street address and telephone number where the licensee's business 
119.19 	is physically located. A post office box address is not sufficient to satisfy this requirement. 
119.20 	Each licensee or applicant for licensure must notify the commissioner in writing of any 
119.21 	change in the required information within 15 days of the change.
119.22 	(b) Each licensee or applicant for licensure must notify the commissioner in writing 
119.23 	upon any change in control, ownership, officers or directors, personal name, business 
119.24 	name, license name, or qualifying person, within 15 days of the change.
119.25 	(c) Each licensee or applicant for licensure must notify the commissioner in writing if 
119.26 	the licensee or applicant for licensure is found to be a judgment debtor based upon conduct 
119.27 	requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
119.28 	(d) Each licensee or applicant for licensure must notify the commissioner in writing 
119.29 	within 15 days of filing a petition for bankruptcy.
119.30 	(e) Each licensee or applicant for licensure must notify the commissioner in writing 
119.31 	within ten days if the licensee or applicant for licensure has been found guilty of a felony, 
119.32 	gross misdemeanor, misdemeanor, or any comparable offense related to residential 
119.33 	contracting, including convictions of fraud, misrepresentation, misuse of funds, theft, 
119.34 	criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this 
119.35 	or any other state or any other United States jurisdiction.
120.1 		Subd. 1e......... The commissioner may issue a temporary license without 
120.2 	examination, upon payment of the required fee, nonresident applicants who are licensed 
120.3 	under the laws of a state having standards for licensing which the commissioner 
120.4 	determines are substantially equivalent to the standards of this state if the other state 
120.5 	grants similar privileges to Minnesota residents duly licensed in this state. Applicants who 
120.6 	receive a temporary license under this section may acquire a cumulative 24 months of 
120.7 	experience before they have to apply and pass the licensing examination. Applicants must 
120.8 	register with the commissioner of labor and industry and the commissioner shall set a fee 
120.9 	for a temporary license. Applicants have four years in which to comply with this section.
120.10 		Subd. 3.Exemptions. The license requirement does not apply to:
120.11 	(1) an employee of a licensee performing work for the licensee;
120.12 	(2) a material person, manufacturer, or retailer furnishing finished products, 
120.13 	materials, or articles of merchandise who does not install or attach the items;
120.14 	(3) an owner or owners of residential real estate who build or improve builds or 
120.15 	improves any structure on  residential real estate and who do the work themselves or 
120.16 	jointly with the owner's own, if the building or improving is performed by the owner's
120.17 	bona fide employees or by individual owners personally. This exemption does not apply 
120.18 	to a person who engages in a pattern of building or improving real estate for purposes of 
120.19 	resale. Such a pattern is presumed to exist if the person constructs or improves more 
120.20 	than one property within any 24-month period; an owner who constructs or improves 
120.21 	property for purposes of speculation if the building or improving is performed by the 
120.22 	owner's bona fide employees or by individual owners personally. A residential building 
120.23 	contractor or residential remodeler will be presumed to be building or improving for 
120.24 	purposes of speculation if the contractor or remodeler constructs or improves more than 
120.25 	one property within any 24-month period.
120.26 	(4) an architect or professional engineer engaging in professional practice as defined 
120.27 	in this chapter by section 326.02, subdivisions 2 and 3;
120.28 	(5) a person whose total gross annual receipts from projects regulated under this 
120.29 	section for performing specialty skills for which licensure would be required under this 
120.30 	section do not exceed $15,000;
120.31 	(6) a mechanical contractor;
120.32 	(7) a plumber, electrician, or other person whose profession is otherwise subject to 
120.33 	statewide licensing, when engaged in the activity which is the subject of that licensure;
120.34 	(8) specialty contractors who provide only one special skill as defined in section  
120.35 	326.83; 
120.36 	(9) a school district, or a technical college governed under chapter 136F; and
121.1 	(10) manufactured housing installers; and
121.2 	(11) (10) Habitat for Humanity and Builders Outreach Foundation, and their 
121.3 	individual volunteers when engaged in activities on their behalf.
121.4 	To qualify for the exemption in clause (5), a person must obtain a certificate of 
121.5 	exemption from licensing licensure from the commissioner.
121.6 	A certificate of exemption will be issued upon the applicant's filing with the 
121.7 	commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in 
121.8 	gross annual receipts derived from contracting activities during the calendar year for which 
121.9 	the exemption is requested performing services which require licensure under this section.
121.10 	To renew the exemption in clause (5), the applicant must file an affidavit stating that 
121.11 	the applicant did not exceed $15,000 in gross annual receipts during the past calendar 
121.12 	year, and the applicant does not expect to exceed $15,000 in gross annual receipts during 
121.13 	the calendar year for which the exemption is requested.
121.14 	If a person, operating under the exemption in clause (5), exceeds $15,000 in gross 
121.15 	receipts during any calendar year, the person must immediately surrender the exemption 
121.16 	certificate and apply for the appropriate license. The person must remain licensed until 
121.17 	such time as the person's gross annual receipts during a calendar year fall below $15,000. 
121.18 	The person may then apply for this an exemption for the next calendar year.

121.19 	Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
121.20 	326.841 MANUFACTURED HOME INSTALLERS.
121.21 	(a) Manufactured home installers are subject to all of the requirements of sections  
121.22 	326.83 to  326.98, except for the following: 
121.23 	(1) manufactured home installers are not members of the advisory council under 
121.24 	section  326.85; 
121.25 	(2) (1) manufactured home installers are not subject to the continuing education 
121.26 	requirements of section  326.87,  but are subject to the continuing education requirements 
121.27 	established in rules adopted under section 327B.10; 
121.28 	(3) (2) the examination requirement of section  326.89, subdivision 3, for 
121.29 	manufactured home installers shall be satisfied by successful completion of a written 
121.30 	examination designed administered and developed specifically for the examination of 
121.31 	manufactured home installers. The examination must be designed administered and 
121.32 	developed by the commissioner in conjunction with the state building code division. The 
121.33 	commissioner and State Building Code Division the state building official shall seek 
121.34 	advice on the grading, monitoring, and updating of examinations from the Minnesota 
121.35 	Manufactured Housing Association; 
122.1 	(4) the amount of the bond required by section  326.94 shall be $2,500 for 
122.2 	manufactured home installers; 
122.3 	(5) (3) a local government unit may not place a surcharge on a license fee, and 
122.4 	may not charge a separate fee to installers;
122.5 	(6) (4) a dealer or distributor who does not install or repair manufactured homes is 
122.6 	exempt from licensure under sections  326.83 to  326.98; and 
122.7 	(7) (5) the exemption under section  326.84, subdivision 3, clause (5), does not 
122.8 	apply.; and
122.9 	(6) manufactured home installers are not subject to the contractor recovery fund 
122.10 	in section 326.975.
122.11 	(b) The commissioner may waive all or part of the requirements for licensure 
122.12 	as a manufactured home installer for any individual who holds an unexpired license or 
122.13 	certificate issued by any other state or other United States jurisdiction if the licensing 
122.14 	requirements of that jurisdiction meet or exceed the corresponding licensing requirements 
122.15 	of the department.

122.16 	Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
122.17 	326.842 RESIDENTIAL ROOFERS.
122.18 	Residential roofers are subject to all of the requirements of sections  326.83 to  326.98
122.19 	and  326.991, except the recovery fund in section  326.975. 

122.20 	Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
122.21 	326.86 FEES.
122.22 		Subdivision 1.Licensing fee. The licensing fee for persons licensed pursuant to 
122.23 	sections  326.83 to  326.991 326.98 is $100 $70 per year. 
122.24 		Subd. 2.Local surcharge. A local government unit may place a surcharge in an 
122.25 	amount no greater than $5 on each land use, zoning, or building permit that requires a 
122.26 	licensed residential building contractor, residential remodeler, or specialty contractor
122.27 	residential roofer, or manufactured home installer for the purpose of license verification. 
122.28 	The local government may verify a license by telephone or, facsimile machine or 
122.29 	electronic communication. A local government unit shall not issue a land use, zoning, or 
122.30 	building permit unless the required license has been verified and is current.

122.31 	EFFECTIVE DATE. The amendments to subdivision 1 are effective July 1, 2007. 
122.32 	The amendments to subdivision 2 are effective December 1, 2007.

123.1 	Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
123.2 	326.87 CONTINUING EDUCATION.
123.3 		Subdivision 1.Standards. The commissioner, in consultation with the council, 
123.4 	may must by rule adopt standards for continuing education requirements and course and 
123.5 	instructor approval. The standards must include requirements for continuing education 
123.6 	in the implementation of energy codes applicable to buildings and other building codes 
123.7 	designed to conserve energy. Except for the course content, the standards must be 
123.8 	consistent with the standards established for real estate agents and other professions 
123.9 	licensed by the Department of Commerce. At a minimum, the content of one hour of any 
123.10 	required continuing education must contain information on lead abatement rules and 
123.11 	safe lead abatement procedures.
123.12 		Subd. 2.Hours. A qualifying person of a licensee must provide proof of completion 
123.13 	of seven 16 hours of continuing education per year in the regulated industry in which the 
123.14 	licensee is licensed. To the extent the commissioner considers it appropriate, courses or 
123.15 	parts of courses may be considered to satisfy both continuing education requirements 
123.16 	under this section and continuing real estate education requirements.
123.17 	Credit may not be earned if the licensee has previously obtained credit for the same 
123.18 	course as either a student or instructor during the same licensing period.
123.19 		Subd. 3.Accessibility. To the extent possible, the commissioner shall ensure that 
123.20 	continuing education courses are offered throughout the state and are easily accessible 
123.21 	to all licensees.
123.22 		Subd. 4.Renewal of accreditation approval. The commissioner is authorized to 
123.23 	establish a procedure for renewal of course accreditation approval.
123.24 		Subd. 5.Content. (a) Continuing education consists of approved courses that 
123.25 	impart appropriate and related knowledge in the regulated industries according to sections 
123.26 	326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related 
123.27 	knowledge is upon the person seeking approval or credit.
123.28 	(b) Course examinations will not be required for continuing education courses 
123.29 	unless they are required by the sponsor.
123.30 	(c) Textbooks are not required to be used for continuing education courses. If 
123.31 	textbooks are not used, the coordinator must provide students with a syllabus containing, 
123.32 	at a minimum, the course title, the times and dates of the course offering, the names and 
123.33 	addresses or telephone numbers of the course coordinator and instructor, and a detailed 
123.34 	outline of the subject materials to be covered. Any written or printed material given to 
123.35 	students must be of readable quality and contain accurate and current information.
124.1 	(d) Upon completion of an approved course, licensees shall earn one hour of 
124.2 	continuing education credit for each hour approved by the commissioner. Each continuing 
124.3 	education course must be attended in its entirety in order to receive credit for the number 
124.4 	of approved hours. Courses may be approved for full or partial credit, and for more than 
124.5 	one regulated industry.
124.6 	Continuing education credit in an approved course shall be awarded to presenting 
124.7 	instructors on the basis of one credit for each hour of preparation for the initial presentation, 
124.8 	which may not exceed three hours total credit for each approved course. Continuing 
124.9 	education credit may not be earned if the licensee has previously obtained credit for the 
124.10 	same course as a licensee or as an instructor within the three years immediately prior.
124.11 	(e) The following courses will not be approved for credit:
124.12 	(1) courses designed solely to prepare students for a license examination;
124.13 	(2) courses in mechanical office or business skills, including typing, speed reading, 
124.14 	or other machines or equipment. Computer courses are allowed, if appropriate and related 
124.15 	to the regulated industry of the licensee;
124.16 	(3) courses in sales promotion, including meetings held in conjunction with the 
124.17 	general business of the licensee;
124.18 	(4) courses in motivation, salesmanship, psychology, time management, or 
124.19 	communication; or
124.20 	(5) courses that are primarily intended to impart knowledge of specific products of 
124.21 	specific companies, if the use of the product or products relates to the sales promotion or 
124.22 	marketing of one or more of the products discussed.
124.23 		Subd. 6.Course approval. (a) Courses must be approved by the commissioner 
124.24 	in advance and will be approved on the basis of the applicant's compliance with the 
124.25 	provisions of this section relating to continuing education in the regulated industries. The 
124.26 	commissioner shall make the final determination as to the approval and assignment of 
124.27 	credit hours for courses. Courses must be at least one hour in length.
124.28 	Individuals requesting credit for continuing education courses that have not 
124.29 	been previously approved shall, on a form prescribed by the commissioner, submit an 
124.30 	application for approval of continuing education credit accompanied by a nonrefundable 
124.31 	fee of $10 for each course to be reviewed. To be approved, courses must be in compliance 
124.32 	with the provisions of this section governing the types of courses that will and will not 
124.33 	be approved.
124.34 	Approval will not be granted for time spent on meals or other unrelated activities. 
124.35 	Breaks may not be accumulated in order to dismiss the class early. Classes shall not be 
125.1 	offered by a provider to any one student for longer than eight hours in one day, excluding 
125.2 	meal breaks.
125.3 	(b) Application for course approval must be submitted 30 days before the course 
125.4 	offering.
125.5 	(c) Approval must be granted for a subsequent offering of identical continuing 
125.6 	education courses without requiring a new application if a notice of the subsequent 
125.7 	offering is filed with the commissioner at least 30 days in advance of the date the course is 
125.8 	to be held. The commissioner shall deny future offerings of courses if they are found not 
125.9 	to be in compliance with the laws relating to course approval.
125.10 		Subd. 7.Courses open to all. All course offerings must be open to any interested 
125.11 	individuals. Access may be restricted by the sponsor based on class size only. Courses 
125.12 	must not be approved if attendance is restricted to any particular group of people, except 
125.13 	for company-sponsored courses allowed by applicable law.
125.14 		Subd. 8.Course coordinator. (a) Each course of study shall have at least one 
125.15 	coordinator, approved by the commissioner, who is responsible for supervising the 
125.16 	program and ensuring compliance with all relevant law. Sponsors may engage an 
125.17 	additional approved coordinator in order to assist the coordinator or to act as a substitute 
125.18 	for the coordinator in the event of an emergency or illness.
125.19 	(b) The commissioner shall approve as a coordinator a person meeting one or more 
125.20 	of the following criteria:
125.21 	(1) at least three years of full-time experience in the administration of an education 
125.22 	program during the five-year period immediately before the date of application;
125.23 	(2) a degree in education plus two years' experience during the immediately 
125.24 	preceding five-year period in one of the regulated industries for which courses are being 
125.25 	approved; or
125.26 	(3) a minimum of five years' experience within the previous six years in the regulated 
125.27 	industry for which courses are held.
125.28 		Subd. 9.Responsibilities. A coordinator is responsible for:
125.29 	(1) ensuring compliance with all laws and rules relating to continuing educational 
125.30 	offerings governed by the commissioner;
125.31 	(2) ensuring that students are provided with current and accurate information relating 
125.32 	to the laws and rules governing their licensed activity;
125.33 	(3) supervising and evaluating courses and instructors. Supervision includes 
125.34 	ensuring that all areas of the curriculum are addressed without redundancy and that 
125.35 	continuity is present throughout the entire course;
125.36 	(4) ensuring that instructors are qualified to teach the course offering;
126.1 	(5) furnishing the commissioner, upon request, with copies of course and instructor 
126.2 	evaluations and qualifications of instructors. Evaluations must be completed by students at 
126.3 	the time the course is offered and by coordinators within five days after the course offering;
126.4 	(6) investigating complaints related to course offerings or instructors. A copy of 
126.5 	the written complaint must be sent to the commissioner within ten days of receipt of 
126.6 	the complaint and a copy of the complaint resolution must be sent not more than ten 
126.7 	days after resolution is reached;
126.8 	(7) maintaining accurate records relating to course offerings, instructors, tests 
126.9 	taken by students if required, and student attendance for a period of three years from the 
126.10 	date on which the course was completed. These records must be made available to the 
126.11 	commissioner upon request. In the event that a sponsor ceases operation for any reason, 
126.12 	the coordinator is responsible for maintaining the records or providing a custodian for the 
126.13 	records acceptable to the commissioner. The coordinator must notify the commissioner 
126.14 	of the name and address of that person. In order to be acceptable to the commissioner, 
126.15 	custodians must agree to make copies of acknowledgments available to students at a 
126.16 	reasonable fee. Under no circumstances will the commissioner act as custodian of the 
126.17 	records;
126.18 	(8) ensuring that the coordinator is available to instructors and students throughout 
126.19 	course offerings and providing to the students and instructor the name of the coordinator 
126.20 	and a telephone number at which the coordinator can be reached;
126.21 	(9) attending workshops or instructional programs as reasonably required by the 
126.22 	commissioner;
126.23 	(10) providing course completion certificates within ten days of, but not before, 
126.24 	completion of the entire course. Course completion certificates must be completed in 
126.25 	their entirety. Course completion certificates must contain the following statement: "If 
126.26 	you have any comments about this course offering, please mail them to the Minnesota 
126.27 	Department of Labor and Industry." The current address of the department must be 
126.28 	included. A coordinator may require payment of the course tuition as a condition for 
126.29 	receiving the course completion certificate; and
126.30 	(11) notifying the commissioner in writing within ten days of any change in the 
126.31 	information in an application for approval on file with the commissioner.
126.32 		Subd. 10.Instructors. (a) Each continuing education course shall have an instructor 
126.33 	who is qualified by education, training, or experience to ensure competent instruction. 
126.34 	Failure to have only qualified instructors teach at an approved course offering will result 
126.35 	in loss of course approval. Coordinators are responsible to ensure that an instructor is 
126.36 	qualified to teach the course offering.
127.1 	(b) Qualified continuing education instructors must have one of the following 
127.2 	qualifications:
127.3 	(1) a four-year degree in any area plus two years' practical experience in the subject 
127.4 	area being taught;
127.5 	(2) five years' practical experience in the subject area being taught; or
127.6 	(3) a college or graduate degree in the subject area being taught.
127.7 	(c) Approved instructors are responsible for:
127.8 	(1) compliance with all laws and rules relating to continuing education;
127.9 	(2) providing students with current and accurate information;
127.10 	(3) maintaining an atmosphere conducive to learning in the classroom;
127.11 	(4) verifying attendance of students, and certifying course completion;
127.12 	(5) providing assistance to students and responding to questions relating to course 
127.13 	materials; and
127.14 	(6) attending the workshops or instructional programs that are required by the 
127.15 	commissioner.
127.16 		Subd. 11.Prohibited practices for coordinators and instructors. (a) In 
127.17 	connection with an approved continuing education course, coordinators and instructors 
127.18 	shall not:
127.19 	(1) recommend or promote the services or practices of a particular business;
127.20 	(2) encourage or recruit individuals to engage the services of, or become associated 
127.21 	with, a particular business;
127.22 	(3) use materials, clothing, or other evidences of affiliation with a particular entity;
127.23 	(4) require students to participate in other programs or services offered by the 
127.24 	instructor, coordinator, or sponsor;
127.25 	(5) attempt, either directly or indirectly, to discover questions or answers on an 
127.26 	examination for a license;
127.27 	(6) disseminate to any other person specific questions, problems, or information 
127.28 	known or believed to be included in licensing examinations;
127.29 	(7) misrepresent any information submitted to the commissioner;
127.30 	(8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in 
127.31 	the course outline approved by the commissioner during the approved instruction; or
127.32 	(9) issue inaccurate course completion certificates.
127.33 	(b) Coordinators shall notify the commissioner within ten days of a felony or 
127.34 	gross misdemeanor conviction or of disciplinary action taken against an occupational or 
127.35 	professional license held by the coordinator or an instructor teaching an approved course. 
128.1 	The notification shall be grounds for the commissioner to withdraw the approval of the 
128.2 	coordinator and to disallow the use of the instructor.
128.3 		Subd. 12.Fees. Fees for an approved course of study and related materials must 
128.4 	be clearly identified to students. In the event that a course is canceled for any reason, all 
128.5 	fees must be returned within 15 days from the date of cancellation. In the event that a 
128.6 	course is postponed for any reason, students shall be given the choice of attending the 
128.7 	course at a later date or having their fees refunded in full within 15 days from the date 
128.8 	of postponement. If a student is unable to attend a course or cancels the registration in a 
128.9 	course, sponsor policies regarding refunds shall govern.
128.10 		Subd. 13.Facilities. Each course of study must be conducted in a classroom 
128.11 	or other facility that is adequate to comfortably accommodate the instructors and the 
128.12 	number of students enrolled. The sponsor may limit the number of students enrolled in a 
128.13 	course. Approved courses may be held on the premises of a company doing business in 
128.14 	the regulated area only when the company is sponsoring the course offering, or where 
128.15 	product application is appropriate and related.
128.16 		Subd. 14.Supplementary materials. An adequate supply of supplementary 
128.17 	materials to be used or distributed in connection with an approved course must be available 
128.18 	at the time and place of the course offering in order to ensure that each student receives all 
128.19 	of the necessary materials. Outlines and any other materials that are reproduced must be 
128.20 	of readable quality.
128.21 		Subd. 15.Advertising courses. (a) Paragraphs (b) to (g) govern the advertising 
128.22 	of continuing education courses.
128.23 	(b) Advertising must be truthful and not deceptive or misleading. Courses may not 
128.24 	be advertised in any manner as approved unless approval has been granted in writing by 
128.25 	the commissioner.
128.26 	(c) No advertisement, pamphlet, circular, or other similar materials pertaining to 
128.27 	an approved offering may be circulated or distributed in this state, unless the following 
128.28 	statement is prominently displayed:
128.29 	"This course has been approved by the Minnesota Department of Labor and Industry 
128.30 	for ....... (approved number of hours) hours for continuing ....... (relevant industry) 
128.31 	education."
128.32 	(d) Advertising of approved courses must be clearly distinguishable from the 
128.33 	advertisement of other nonapproved courses and services.
128.34 	(e) Continuing education courses may not be advertised before approval unless the 
128.35 	course is described in the advertising as "approval pending" and an application for approval 
128.36 	has been timely submitted to the commissioner and a denial has not been received.
129.1 	(f) The number of hours for which a course has been approved must be prominently 
129.2 	displayed on an advertisement for the course. If the course offering is longer than the 
129.3 	number of hours of credit to be given, it must be clear that credit is not earned for the 
129.4 	entire course.
129.5 	(g) The course approval number must not be included in any advertisement.
129.6 		Subd. 16.Notice to students. At the beginning of each approved offering, the 
129.7 	following notice must be handed out in printed form or must be read to students: 
129.8 	"This educational offering is recognized by the Minnesota Department of Labor and 
129.9 	Industry as satisfying ....... (insert number of hours approved) hours of credit toward 
129.10 	continuing ....... (insert appropriate industry) education requirements."
129.11 		Subd. 17.Audits. The commissioner reserves the right to audit subject offerings 
129.12 	with or without notice to the sponsor.
129.13 		Subd. 18.Falsification of reports. A licensee, its qualified person, or an applicant 
129.14 	found to have falsified an education report to the commissioner shall be considered to 
129.15 	have violated the laws relating to the industry for which the person has a license and 
129.16 	shall be subject to censure, limitation, condition, suspension, or revocation of the license 
129.17 	or denial of the application for licensure.
129.18 	The commissioner reserves the right to audit a licensee's continuing education 
129.19 	records.
129.20 		Subd. 19.Waivers and extensions. If a licensee provides documentation to the 
129.21 	commissioner that the licensee or its qualifying person is unable, and will continue to be 
129.22 	unable, to attend actual classroom course work because of a physical disability, medical 
129.23 	condition, or similar reason, attendance at continuing education courses shall be waived 
129.24 	for a period not to exceed one year. The commissioner shall require that the licensee or 
129.25 	its qualifying person satisfactorily complete a self-study program to include reading a 
129.26 	sufficient number of textbooks, or listening to a sufficient number of tapes, related to the 
129.27 	regulated industry, as would be necessary for the licensee to satisfy continuing educational 
129.28 	credit hour needs. The commissioner shall award the licensee credit hours for a self-study 
129.29 	program by determining how many credit hours would be granted to a classroom course 
129.30 	involving the same material and giving the licensee the same number of credit hours under 
129.31 	this part. The licensee may apply each year for a new waiver upon the same terms and 
129.32 	conditions as were necessary to secure the original waiver, and must demonstrate that in 
129.33 	subsequent years, the licensee was unable to complete actual classroom course work. 
129.34 	The commissioner may request documentation of the condition upon which the request 
129.35 	for waiver is based as is necessary to satisfy the commissioner of the existence of the 
129.36 	condition and that the condition does preclude attendance at continuing education courses.
130.1 	Upon written proof demonstrating a medical hardship, the commissioner shall 
130.2 	extend, for up to 90 days, the time period during which the continuing education must be 
130.3 	successfully completed. Loss of income from either attendance at courses or cancellation 
130.4 	of a license is not a bona fide financial hardship. Requests for extensions must be 
130.5 	submitted to the commissioner in writing no later than 60 days before the education is 
130.6 	due and must include an explanation with verification of the hardship, plus verification of 
130.7 	enrollment at an approved course of study on or before the extension period expires.
130.8 		Subd. 20.Reporting requirements. Required continuing education must be 
130.9 	reported in a manner prescribed by the commissioner. Licensees are responsible for 
130.10 	maintaining copies of course completion certificates.
130.11 		Subd. 21.Residential building contractor, residential remodeler, and residential 
130.12 	roofer education. (a) Each licensee must, during the licensee's first complete continuing 
130.13 	education reporting period, complete and report one hour of continuing education relating 
130.14 	to lead abatement rules in safe lead abatement procedures.
130.15 	(b) Each licensee must, during each continuing education reporting period, complete 
130.16 	and report one hour of continuing education relating to energy codes for buildings and 
130.17 	other building codes designed to conserve energy.
130.18 		Subd. 22.Continuing education approval. (a) Continuing education courses must 
130.19 	be approved in advance by the commissioner of labor and industry. "Sponsor" means any 
130.20 	person or entity offering approved education.
130.21 	(b) For coordinators with an initial approval date before August 1, 2005, approval 
130.22 	will expire on December 31, 2005. For courses with an initial approval date on or before 
130.23 	December 31, 2000, approval will expire on April 30, 2006. For courses with an initial 
130.24 	approval date after January 1, 2001, but before August 1, 2005, approval will expire 
130.25 	on April 30, 2007.
130.26 		Subd. 23.Continuing education fees. The following fees shall be paid to the 
130.27 	commissioner:
130.28 	(1) initial course approval, $10 for each hour or faction of one hour of continuing 
130.29 	education course approval sought. Initial course approval expires on the last day of the 
130.30 	24th month after the course is approved;
130.31 	(2) renewal of course approval, $10 per course. Renewal of course approval expires 
130.32 	on the last day of the 24th month after the course is renewed;
130.33 	(3) initial coordinator approval, $100. Initial coordinator approval expires on the last 
130.34 	day of the 24th month after the coordinator is approved; and
130.35 	(4) renewal of coordinator approval, $10. Renewal of coordinator approval expires 
130.36 	on the last day of the 24th month after the coordinator is renewed.
131.1 		Subd. 24.Refunds. All fees paid to the commissioner under this section are 
131.2 	nonrefundable, except that an overpayment of a fee shall be returned upon proper 
131.3 	application.

131.4 	Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
131.5 	326.88 LOSS OF QUALIFYING PERSON.
131.6 	Upon the departure or disqualification of a licensee's qualifying person because of 
131.7 	death, disability, retirement, position change, or other reason, the licensee must notify 
131.8 	the commissioner within 15 business days. The licensee shall have 120 days from the 
131.9 	departure of the qualifying person to obtain a new qualifying person. Failure to secure a 
131.10 	new qualifying person within 120 days will, with or without notice, result in the automatic 
131.11 	termination of the license.

131.12 	Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
131.13 	326.89 APPLICATION AND EXAMINATION.
131.14 		Subdivision 1.Form. An applicant for a license under sections  326.83 to 326.98
131.15 	must submit an application to the commissioner, under oath and accompanied by the 
131.16 	license fee required by section 326.86, on a form prescribed by the commissioner. 
131.17 	Within 30 business days of receiving all required information, the commissioner must 
131.18 	act on the license request. If one of the categories in the application does not apply, the 
131.19 	applicant must identify the category and state the reason the category does not apply. The 
131.20 	commissioner may refuse to issue a license if the application is not complete or contains 
131.21 	unsatisfactory information. 
131.22 		Subd. 2.Contents. The Each application must include the following information 
131.23 	regarding the applicant:
131.24 	(1) Minnesota workers' compensation insurance certificate;
131.25 	(2) employment insurance account number;
131.26 	(3) certificate of liability insurance;
131.27 	(4) type of license requested;
131.28 	(5) name and, current address of the applicant:, and telephone number where the 
131.29 	applicant resides;
131.30 	(i) (6) name and address of the applicant's qualifying person, if other than applicant; 
131.31 	and
131.32 	(ii) (7) if the applicant is a sole proprietorship, the name and address of the sole 
131.33 	proprietor; if the applicant is a partnership, the name and address of each partner; if the 
131.34 	applicant is a limited liability company, the name and address of each governor and 
132.1 	manager; if the applicant is a corporation, the name and address of each of the corporate 
132.2 	officers, directors, and all shareholders holding more than ten percent of the outstanding 
132.3 	stock in the corporation;
132.4 	(8) name and address of the applicant's agent in this state authorized to receive 
132.5 	service of process, and a consent to service of process as required by section 326.93;
132.6 	(9) current street address and telephone number where the business is physically 
132.7 	located;
132.8 	(6) (10) whether the applicant, any employee, or qualifying person has ever been 
132.9 	licensed in this or any other state and has had a professional or vocational license
132.10 	reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been 
132.11 	the subject of any administrative action;
132.12 	(7) (11) whether the applicant, qualifying person, or any of the applicant's corporate 
132.13 	or partnership directors, limited liability company governors, officers, limited or general 
132.14 	partners, managers, all shareholders holding more than ten percent of the share of the 
132.15 	corporation that have been issued, or all members holding more than ten percent of the 
132.16 	voting power of the membership interests that have been issued, has been convicted 
132.17 	of a crime that either related directly to the business for which the license is sought or 
132.18 	involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil 
132.19 	action involving fraud, misrepresentation, construction defect, negligence, or breach 
132.20 	of contract, or conversion of funds within the ten years prior to the submission of the 
132.21 	application; or has had any government license or permit reprimanded, censured, limited, 
132.22 	conditioned, suspended, or revoked as a result of an action brought by a federal, state, or 
132.23 	local governmental unit or agency in this or any other state;
132.24 	(8) (12) the applicant's and qualifying person's business history for the past five 
132.25 	years and whether the applicant, any a managing employee, or qualifying person has ever 
132.26 	filed for bankruptcy or protection from creditors or has any unsatisfied judgments against 
132.27 	the applicant, employee, or qualifying person;
132.28 	(9) (13) where the applicant is a firm, partnership, sole proprietorship, limited 
132.29 	liability company, corporation, or association, whether there has been a sale or transfer of 
132.30 	the business or other change in ownership, control, or name in the last five years and the 
132.31 	details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated, 
132.32 	parent, or related entities, and whether each such entity, or its owners, officers, directors, 
132.33 	members or shareholders holding more than ten percent of the stock, or an employee has 
132.34 	ever taken or been subject to an action that is subject to clause (6), (7), or (8) (10), (11), 
132.35 	or (12) in the last ten years; and
133.1 	(10) (14) whether the qualifying person is the qualifying person for more than one 
133.2 	licensee.
133.3 	For purposes of this subdivision, "applicant" includes employees who exercise 
133.4 	management or policy control over the residential contracting and remodeling, residential 
133.5 	remodeling, residential roofing, or manufactured home installation activities in the state 
133.6 	of Minnesota, including affiliates, partners, directors, governors, officers, limited or 
133.7 	general partners, managers, all shareholders holding more than ten percent of the shares 
133.8 	that have been issued, a shareholder holding more than ten percent of the voting power 
133.9 	of the shares that have been issued, or all members holding more than ten percent of the 
133.10 	membership interests that have been issued or more than ten percent of the voting power 
133.11 	of the membership interests that have been issued.
133.12 	The commissioner may require further information as the commissioner deems 
133.13 	appropriate to administer the provisions and further the purposes of this chapter.
133.14 		Subd. 3.Examination. (a) Each qualifying person must satisfactorily complete a 
133.15 	written examination for the type of license requested. The commissioner may establish 
133.16 	the examination qualifications, including related education experience and education, the 
133.17 	examination procedure, and the examination for each licensing group. The examination 
133.18 	must include at a minimum the following areas:
133.19 	(1) appropriate knowledge of technical terms commonly used and the knowledge of 
133.20 	reference materials and code books to be used for technical information; and
133.21 	(2) understanding of the general principles of business management and other 
133.22 	pertinent state laws.
133.23 	(b) Each examination must be designed for the specified type of license requested. 
133.24 	The council shall advise the commissioner on the grading, monitoring, and updating of 
133.25 	examinations.
133.26 	(c) A person's An individual's passing examination results expire two years from 
133.27 	the examination date. A person An individual who passes the examination but does not 
133.28 	choose to apply to act as a qualifying person for a licensee within two years from the 
133.29 	examination date, must, upon application provide:
133.30 	(1) passing examination results within two years from the date of application; or
133.31 	(2) proof that the person has fulfilled the continuing education requirements in 
133.32 	section  326.87 in the manner required for a qualifying person of a licensee for each license 
133.33 	period after the expiration of the examination results. 
133.34 		Subd. 4.Competency skills. The commissioner shall, in consultation with the 
133.35 	council, determine the competency skills and installation knowledge required for the 
133.36 	licensing of specialty contractors.
134.1 		Subd. 5.Exemption. A general retailer whose primary business is not being a 
134.2 	residential building contractor, residential remodeler, or specialty contractor residential 
134.3 	roofer, or manufactured home installer,  and who has completed a comparable license 
134.4 	examination meeting or exceeding Minnesota's examination requirements in another state 
134.5 	is exempt from subdivisions subdivision 3 and 4 and sections  326.87 and  326.88. 
134.6 		Subd. 6.Additional licensing requirements. As an alternative to denying an 
134.7 	application for licensure pursuant to section  326.91, subdivision 1, the commissioner 
134.8 	may, as a condition of licensure and based upon information received pursuant to 
134.9 	section  326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section  326.91, 
134.10 	subdivision 1, clauses (1) to (9), impose additional insurance, bonding, reporting, record 
134.11 	keeping, and other requirements on the applicant as are reasonable to protect the public. 
134.12 		Subd. 7.License. A nonresident of Minnesota may be licensed as a residential 
134.13 	building contractor, residential remodeler, residential roofer, or manufactured home 
134.14 	installer upon compliance with all the provisions of sections 326.83 to 326.98.

134.15 	Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
134.16 		Subdivision 1.Local license prohibited. Except as provided in sections  326.90, 
134.17 	subdivision 2, and  326.991, a political subdivision may not require a person licensed 
134.18 	under sections  326.83 to  326.991 326.98 to also be licensed or pay a registration or other 
134.19 	fee related to licensure under any ordinance, law, rule, or regulation of the political 
134.20 	subdivision. This section does not prohibit charges for building permits or other charges 
134.21 	not directly related to licensure. 

134.22 	Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
134.23 		Subdivision 1.Cause Grounds. The commissioner may by order deny, suspend, or 
134.24 	revoke any license or may censure a licensee, and may impose a civil penalty as provided 
134.25 	for in section  45.027, subdivision 6, if the commissioner finds that the order is in the 
134.26 	public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or 
134.27 	other agent, owner, partner, director, governor, shareholder, member, officer, qualifying 
134.28 	person, or managing employee of the applicant or licensee or any person occupying a 
134.29 	similar status or performing similar functions:  In addition to the grounds set forth in 
134.30 	section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place 
134.31 	conditions on, or revoke a license or certificate of exemption, or may censure the person 
134.32 	holding the license or certificate of exemption, if the applicant, licensee, certificate of 
134.33 	exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of 
134.34 	exemption holder, or other agent owner has:
135.1 	(1) has filed an application for a license licensure or a certificate of exemption
135.2 	which is incomplete in any material respect or contains any statement which, in light 
135.3 	of the circumstances under which it is made, is false or misleading with respect to any 
135.4 	material fact;
135.5 	(2) has engaged in a fraudulent, deceptive, or dishonest practice;
135.6 	(3) is permanently or temporarily enjoined by any court of competent jurisdiction 
135.7 	from engaging in or continuing any conduct or practice involving any aspect of the 
135.8 	business;
135.9 	(4) has failed to reasonably supervise employees, agents, subcontractors, or 
135.10 	salespersons, or has performed negligently or in breach of contract, so as to cause injury 
135.11 	or harm to the public;
135.12 	(5) has violated or failed to comply with any provision of sections  326.83 to  326.98
135.13 	or, any rule or order under sections  326.83 to  326.98 or any other law, rule, or order related 
135.14 	to the duties and responsibilities entrusted to the commissioner; 
135.15 	(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
135.16 	(7) (6) has been convicted of a violation of the State Building Code or, in 
135.17 	jurisdictions that do not enforce the State Building Code, has refused to comply with 
135.18 	a notice of violation or stop order issued by a certified building official, or in local 
135.19 	jurisdictions that have not adopted the State Building Code has refused to correct a 
135.20 	violation of the State Building Code when the violation has been certified documented 
135.21 	or a notice of violation or stop order issued by a Minnesota licensed structural engineer
135.22 	certified building official has been received;
135.23 	(8) (7) has failed to use the proceeds of any payment made to the licensee for the 
135.24 	construction of, or any improvement to, residential real estate, as defined in section  326.83, 
135.25 	subdivision 17, for the payment of labor, skill, material, and machinery contributed to the 
135.26 	construction or improvement, knowing that the cost of any labor performed, or skill, 
135.27 	material, or machinery furnished for the improvement remains unpaid; 
135.28 	(9) (8) has not furnished to the person making payment either a valid lien waiver as to 
135.29 	any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 
135.30 	or a payment bond in the basic amount of the contract price for the improvement 
135.31 	conditioned for the prompt payment to any person or persons entitled to payment;
135.32 	(10) has engaged in conduct which was the basis for a contractor's recovery fund 
135.33 	payment pursuant to section  326.975, which payment has not been reimbursed; (9) has 
135.34 	engaged in an act or practice that results in compensation to an aggrieved owner or lessee 
135.35 	from the contractor recovery fund pursuant to section 36B.825, unless:
136.1 	(i) the applicant or licensee has repaid the fund twice the amount paid from the fund, 
136.2 	plus interest at the rate of 12 percent per year; and
136.3 	(ii) the applicant or licensee has obtained a surety bond in the amount of at least 
136.4 	$40,000, issued by an insurer authorized to transact business in this state.
136.5 	(11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in 
136.6 	defense of a civil lawsuit or arbitration arising out of their activities as a licensee or 
136.7 	certificate of exemption holder under this chapter;
136.8 	(12) (11) has had a judgment entered against them for failure to make payments to 
136.9 	employees or, subcontractors, or suppliers, that the licensee has failed to satisfy and all 
136.10 	appeals of the judgment have been exhausted or the period for appeal has expired;
136.11 	(13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a 
136.12 	fictitious license number or the license number of another, or, if licensed, has knowingly 
136.13 	allowed an unlicensed person to use the licensee's license number for the purpose of 
136.14 	fraudulently obtaining a building permit; or has applied for or obtained a building permit 
136.15 	for an unlicensed person.
136.16 	(14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver under 
136.17 	chapter 514.;
136.18 	(14) has provided false, misleading or incomplete information to the commissioner 
136.19 	or has refused to allow a reasonable inspection of records or premises;
136.20 	(15) has engaged in an act or practice whether or not the act or practice directly 
136.21 	involves the business for which the person is licensed, that demonstrates that the applicant 
136.22 	or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or 
136.23 	unqualified to act under the license granted by the commissioner; or
136.24 	(16) has failed to comply with requests for information, documents, or other requests 
136.25 	from the department within the time specified in the request or, if no time is specified, 
136.26 	within 30 days of the mailing of the request by the department.

136.27 	Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
136.28 	326.92 PENALTIES.
136.29 		Subdivision 1.Misdemeanor. A person required to be licensed under sections 
136.30 	326.83 to  326.991 who performs unlicensed work is guilty of a misdemeanor. 
136.31 		Subd. 1a.Gross misdemeanor. A person required to be licensed under sections 
136.32 	326.84 to  326.991 who violates an order under subdivision 3 An individual who violates 
136.33 	an order of the commissioner or is the manager, officer, or director of a person who 
136.34 	violates an order issued by the commissioner is guilty of a gross misdemeanor. 
137.1 		Subd. 2.Lien rights. An unlicensed person who knowingly violates sections  326.83
137.2 	to  326.98 has no right to claim a lien under section  514.01 and the lien is void. Nothing 
137.3 	in this section affects the lien rights of material suppliers and licensed contractors to the 
137.4 	extent provided by law. 
137.5 		Subd. 3.Commissioner action. The commissioner may bring actions, including 
137.6 	cease and desist actions, against any person licensed or required to be licensed under 
137.7 	sections  326.83 to  326.991 to protect the public health, safety, and welfare. 

137.8 	Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
137.9 	326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE 
137.10 	OF PERMIT APPLICATION.
137.11 		Subdivision 1.Building permit. A political subdivision shall not issue a building 
137.12 	permit to an unlicensed person who is required to be licensed under sections  326.83 to  
137.13 	326.991 326.98. A political subdivision that issues zoning or land use permits in lieu of 
137.14 	a building permit shall not issue those permits to an unlicensed person who is required 
137.15 	to be licensed under sections  326.83 to  326.991 326.98. The political subdivision shall 
137.16 	report the person applying for the permit to the commissioner who may bring an action 
137.17 	against the person. 
137.18 		Subd. 2.Notice of building permit application. A political subdivision shall notify 
137.19 	the department when an application for building permit involving the construction of new 
137.20 	residential real estate has been received from an unlicensed person by submitting a copy 
137.21 	of the application to the department within two business days of receipt of the application. 
137.22 	The political subdivision may submit a copy of the building permit application by 
137.23 	facsimile, United States mail, or electronic communication.

137.24 	Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
137.25 	326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
137.26 		Subdivision 1.License. A nonresident of Minnesota may be licensed as a residential 
137.27 	building contractor or residential remodeler upon compliance with all the provisions of 
137.28 	sections  326.83 to  326.991. 
137.29 		Subd. 2.Service of process. Service of process upon a person performing work in 
137.30 	the state of a type that would require a license under sections  326.83 to  326.98 may be 
137.31 	made as provided in section  45.028. 
137.32 		Subd. 3.Procedure. Every applicant for licensure or certificate of exemption 
137.33 	under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the 
137.34 	commissioner and successors in office to be the applicant's agent to receive service of any 
138.1 	lawful process in any noncriminal suit, action, or proceeding against the applicant or a 
138.2 	successor, executor, or administrator which arises under section 326.83 to 326.98 or any 
138.3 	rule or order thereunder after the consent has been filed, with the same force and validity 
138.4 	as if served personally on the person filing the consent. Service under this section shall be 
138.5 	made in compliance with subdivision 5.
138.6 		Subd. 4.Service on commissioner. (a) When a person, including any nonresident 
138.7 	of this state, engages in conduct prohibited or made actionable by sections 326.83 to 
138.8 	326.98, or any rule or order under those sections, and the person has not consented to 
138.9 	service of process under subdivision 3, that conduct is equivalent to an appointment of the 
138.10 	commissioner and successors in office as the person's agent to receive service of process in 
138.11 	any noncriminal suit, action, or proceeding against the person that is based on that conduct 
138.12 	and is brought under sections 326.83 to 326.98, or any rule or order under those sections, 
138.13 	with the same force and validity as if served personally on the person consenting to the 
138.14 	appointment of the commissioner and successors in office. Service under this section shall 
138.15 	be made in compliance with subdivision 5.
138.16 	(b) Subdivision 5 applies in all other cases in which a person, including a nonresident 
138.17 	of this state, has filed a consent to service of process. This paragraph supersedes any 
138.18 	inconsistent provision of law.
138.19 	(c) Subdivision 5 applies in all cases in which service of process is allowed to be 
138.20 	made on the commissioner.
138.21 	(d) Subdivision 5 applies to any document served by the commissioner or the 
138.22 	department under section 326B.08.
138.23 		Subd. 5.How made. Service of process under this section may be made by leaving 
138.24 	a copy of the process in the office of the commissioner, or by sending a copy of the process 
138.25 	to the commissioner by certified mail, and is not effective unless: 
138.26 	(1) the plaintiff, who may be the commissioner in an action or proceeding instituted 
138.27 	by the commissioner, sends notice of the service and a copy of the process by certified 
138.28 	mail to the defendant or respondent at the last known address; and 
138.29 	(2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or 
138.30 	before the return day of the process, if any, or within further time as the court allows.

138.31 	Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
138.32 	326.94 BOND; INSURANCE.
138.33 		Subdivision 1.Bond. (a) Licensed manufactured home installers and licensed
138.34 	residential roofers must post a license surety bond in the name of the licensee with the 
138.35 	commissioner, conditioned that the applicant shall faithfully perform the duties and 
139.1 	in all things comply with all laws, ordinances, and rules pertaining to the license or 
139.2 	permit applied for and all contracts entered into. The annual bond must be continuous 
139.3 	and maintained for so long as the licensee remains licensed. The aggregate liability of 
139.4 	the surety on the bond to any and all persons, regardless of the number of claims made 
139.5 	against the bond, may not exceed the amount of the bond. The bond may be canceled as 
139.6 	to future liability by the surety upon 30 days' written notice mailed to the commissioner 
139.7 	by regular mail.
139.8 	(b) A licensed residential roofer must post a bond of at least $5,000 $15,000.
139.9 	(c) A licensed manufactured home installer must post a bond of at least $2,500.
139.10 	Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for 
139.11 	purposes of sections 8.05 and 16C.05, subdivision 2.
139.12 		Subd. 2.Insurance. Licensees must have public liability insurance with limits of at 
139.13 	least $100,000 $300,000 per occurrence, which must include at least $10,000 property 
139.14 	damage coverage. The insurance must be written by an insurer licensed to do business in 
139.15 	this state. The commissioner may increase the minimum amount of insurance required 
139.16 	for any licensee or class of licensees if the commissioner considers it to be in the public 
139.17 	interest and necessary to protect the interests of Minnesota consumers.

139.18 	Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
139.19 		Subd. 2.Advertising. The license number of a licensee must appear in any 
139.20 	advertising by that licensee including but not limited to signs, vehicles, business cards, 
139.21 	published display ads, flyers, and brochures, Web sites, and Internet ads.

139.22 	Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
139.23 	326.96 PUBLIC EDUCATION.
139.24 	The commissioner may develop materials and programs to educate the public 
139.25 	concerning licensing licensure requirements and methods. The commissioner must 
139.26 	develop materials for reporting unlicensed contracting activity. The commissioner shall 
139.27 	provide information in other languages.

139.28 	Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
139.29 	326.97 LICENSE RENEWAL.
139.30 		Subdivision 1.Renewal. Licensees A licensee whose applications have fully 
139.31 	completed renewal application has been properly and timely filed and who have has
139.32 	not received a notice of denial of renewal are is considered to have been approved for 
139.33 	renewal and may continue to transact business whether or not the renewed license has 
140.1 	been received. Applications are timely if received or postmarked by March 1 of the 
140.2 	renewal year. Applications must be made on a form approved by the commissioner.
140.3 	An application for renewal that does not contain all of the information requested is an 
140.4 	incomplete application and will not be processed.
140.5 		Subd. 1a.Annual renewal. Any license issued or renewed after August 1, 1993, 
140.6 	must be renewed annually.
140.7 		Subd. 2.Failure to apply renew. A person who has failed to make a timely 
140.8 	application for renewal of a license by March 31 of the renewal year is unlicensed at 
140.9 	11:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
140.10 	the a renewed license has been issued by the commissioner and is received by the applicant.
140.11 		Subd. 3.Expiration. All licenses expire at 11:59:59 p.m. central time on March 31 
140.12 	of the renewal year if not properly renewed.

140.13 	Sec. 24. [326B.801] SCOPE.
140.14 	Except as otherwise provided by law, the provisions of sections 326B.801 to 
140.15 	326B.825 apply to residential contractors, residential remodelers, residential roofers, 
140.16 	and manufactured home installers.

140.17 	Sec. 25. [326B.804] LICENSE RECIPROCITY.
140.18 	The commissioner may issue a temporary license without examination, upon 
140.19 	payment of the required fee to nonresident applicants who are licensed in another state 
140.20 	having equivalent standards of practice to Minnesota if the other state grants similar 
140.21 	privileges to Minnesota licensed residents. Applicants receiving a temporary license 
140.22 	under this section may acquire a cumulative 24 months to apply and pass the licensing 
140.23 	examination.

140.24 	Sec. 26. [326B.809] WRITTEN CONTRACT REQUIRED.
140.25 	(a) All agreements including proposals, estimates, bids, quotations, contracts, 
140.26 	purchase orders, and change orders between a licensee and a customer for the performance 
140.27 	of a licensee's services must be in writing and must contain the following:
140.28 	(1) a detailed summary of the services to be performed;
140.29 	(2) a description of the specific materials to be used or a list of standard features 
140.30 	to be included; and
140.31 	(3) the total contract price or a description of the basis on which the price will 
140.32 	be calculated.
140.33 	(b) All agreements shall be signed and dated by the licensee and customer.
141.1 	(c) The licensee shall provide to the customer, at no charge, a signed and dated 
141.2 	document at the time that the licensee and customer sign and date the document. 
141.3 	Documents include agreements and mechanic's lien waivers.

141.4 	Sec. 27. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
141.5 	Chapter 364 does not apply to an applicant for a license or to a licensee where 
141.6 	the underlying conduct on which the conviction is based would be grounds for denial, 
141.7 	censure, suspension, or revocation of the license.

141.8 	Sec. 28. [326B.82] DEFINITIONS.
141.9 		Subdivision 1.Words, terms, and phrases. For the purposes of section 326.87, 
141.10 	the terms defined in this section have the meanings given them, unless the context clearly 
141.11 	indicates otherwise.
141.12 		Subd. 2.Appropriate and related knowledge. "Appropriate and related 
141.13 	knowledge" means facts, information, or principles that are clearly relevant to the licensee 
141.14 	in performing responsibilities under a license issued by the commissioner. These facts, 
141.15 	information, or principles must convey substantive and procedural knowledge as it relates 
141.16 	to postlicensing issues and must be relevant to the technical aspects of a particular area 
141.17 	of continuing education.
141.18 		Subd. 3.Classroom hour. "Classroom hour" means a 50-minute hour. 
141.19 		Subd. 4.Coordinator. "Coordinator" means an individual who is responsible for 
141.20 	monitoring approved educational offerings.
141.21 		Subd. 5.Instructor. "Instructor" means an individual lecturing in an approved 
141.22 	educational offering.
141.23 		Subd. 6.Licensee. "Licensee" means a person licensed by the Minnesota 
141.24 	Department of Labor and Industry for whom an examination is required before licensure.
141.25 		Subd. 7.Medical hardship. "Medical hardship" includes a documented physical 
141.26 	disability or medical condition.
141.27 		Subd. 8.Overpayment. "Overpayment" means any payment of money in excess 
141.28 	of a statutory fee.
141.29 		Subd. 9.Regulated industries. "Regulated industries" means residential 
141.30 	contracting, residential remodeling, or residential roofing. Each of these is a regulated 
141.31 	industry.
141.32 		Subd. 10.Sponsor. "Sponsor" means any person or entity offering or providing 
141.33 	approved continuing education.

142.1 	Sec. 29. [326B.89] CONTRACTOR RECOVERY FUND.
142.2 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms 
142.3 	have the meanings given them.
142.4 	(b) "Gross annual receipts" means the total amount derived from residential 
142.5 	contracting or residential remodeling activities, regardless of where the activities are 
142.6 	performed, and must not be reduced by costs of goods sold, expenses, losses, or any 
142.7 	other amount.
142.8 	(c) "Licensee" means a person licensed as a residential contractor or residential 
142.9 	remodeler.
142.10 	(d) "Residential real estate" means a new or existing building constructed for 
142.11 	habitation by one to four families, and includes detached garages.
142.12 	(e) "Fund" means the contractor recovery fund.
142.13 		Subd. 2.Generally. The contractor recovery fund is created in the state treasury 
142.14 	and shall be administered by the commissioner for the purposes described in this section. 
142.15 	Any interest or profit accruing from investment of money in the fund shall be credited 
142.16 	to the contractor recovery fund.
142.17 		Subd. 3.Fund fees. In addition to any other fees, a person who applies for or 
142.18 	renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person 
142.19 	shall pay, in addition to the appropriate application or renewal fee, the following additional 
142.20 	fee that shall be deposited in the fund. The amount of the fee shall be based on the person's 
142.21 	gross annual receipts for the person's most recent fiscal year preceding the application or 
142.22 	renewal, on the following scale:

142.23		Fee
	Gross Annual Receipts
		
142.24		$160
	under $1,000,000
		
142.25		$210
	$1,000,000 to $5,000,000
		
142.26		$260
	over $5,000,000
		
142.27 		Subd. 4.Purpose of fund. The purpose of this fund is to:
142.28 	(1) compensate owners or lessees of residential real estate who meet the requirements 
142.29 	of this section;
142.30 	(2) reimburse the department for all legal and administrative expenses, 
142.31 	disbursements, and costs, including staffing costs, incurred in administering and defending 
142.32 	the fund;
142.33 	(3) pay for educational or research projects in the field of residential contracting to 
142.34 	further the purposes of sections 326B.801 to 326B.825; and
142.35 	(4) provide information to the public on residential contracting issues.
143.1 		Subd. 5.Payment limitations. Except as otherwise provided in this section, 
143.2 	the commissioner shall not pay compensation from the fund to an owner or a lessee 
143.3 	in an amount greater than $75,000. Except as otherwise provided in this section, the 
143.4 	commissioner shall not pay compensation from the fund to owners and lessees in an 
143.5 	amount that totals more than $150,000 per licensee. The commissioner shall not pay 
143.6 	compensation from the fund for a final judgment based on a cause of action that arose 
143.7 	before the commissioner's receipt of the licensee's fee required by subdivision 3.
143.8 		Subd. 6.Verified application. To be eligible for compensation from the fund, an 
143.9 	owner or lessee shall serve on the commissioner a verified application for compensation 
143.10 	on a form approved by the commissioner. The application shall verify the following 
143.11 	information:
143.12 	(1) the specific grounds upon which the owner or lessee seeks to recover from 
143.13 	the fund:
143.14 	(2) that the owner or the lessee has obtained a final judgment in a court of competent 
143.15 	jurisdiction against a licensee licensed under section 326B.803;
143.16 	(3) that the final judgment was obtained against the licensee on the grounds of 
143.17 	fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance 
143.18 	that arose directly out of a transaction that occurred when the licensee was licensed and 
143.19 	performing any of the special skills enumerated under section 326B.802, subdivision 19;
143.20 	(4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on 
143.21 	the owner's residential real estate, on residential real estate leased by the lessee, or on new 
143.22 	residential real estate that has never been occupied or that was occupied by the licensee 
143.23 	for less than one year prior to purchase by the owner;
143.24 	(5) that the residential real estate is located in Minnesota;
143.25 	(6) that the owner or the lessee is not the spouse of the licensee or the personal 
143.26 	representative of the licensee;
143.27 	(7) the amount of the final judgment, any amount paid in satisfaction of the final 
143.28 	judgment, and the amount owing on the final judgment as of the date of the verified 
143.29 	application; and
143.30 	(8) that the verified application is being served within two years after the judgment 
143.31 	became final.
143.32 	The owner's and the lessee's actual and direct out-of-pocket loss shall not include 
143.33 	attorney fees, interest on the loss, and interest on the final judgment obtained as a result of 
143.34 	the loss. An owner or lessee may serve a verified application regardless of whether the 
143.35 	final judgment has been discharged by a bankruptcy court. A judgment issued by a court is 
143.36 	final if all proceedings on the judgment have either been pursued and concluded or been 
144.1 	forgone, including all reviews and appeals. For purposes of this section, owners who are 
144.2 	joint tenants or tenants in common are deemed to be a single owner. For purposes of this 
144.3 	section, owners and lessees eligible for payment of compensation from the fund shall not 
144.4 	include government agencies, political subdivisions, financial institutions, and any other 
144.5 	entity that purchases, guarantees, or insures a loan secured by real estate.
144.6 		Subd. 7.Commissioner review. The commissioner shall within 120 days after 
144.7 	receipt of the verified application:
144.8 	(1) enter into an agreement with an owner or a lessee that resolves the verified 
144.9 	application for compensation from the fund; or
144.10 	(2) issue an order to the owner or the lessee accepting, modifying, or denying the 
144.11 	verified application for compensation from the fund.
144.12 	Upon receipt of an order issued under clause (2), the owner or the lessee shall have 
144.13 	30 days to serve upon the commissioner a written request for a hearing. If the owner or 
144.14 	the lessee does not serve upon the commissioner a timely written request for hearing, the 
144.15 	order issued under clause (2) shall become a final order of the commissioner that may not 
144.16 	be reviewed by any court or agency. The commissioner shall order compensation from 
144.17 	the fund only if the owner or the lessee has filed a verified application that complies with 
144.18 	subdivision 6 and if the commissioner determines based on review of the application that 
144.19 	compensation should be paid from the fund. The commissioner shall not be bound by any 
144.20 	prior settlement, compromise, or stipulation between the owner or the lessee and the 
144.21 	licensee.
144.22 		Subd. 8.Administrative hearing. If an owner or a lessee timely serves a request 
144.23 	for hearing under subdivision 7, the commissioner shall request that an administrative law 
144.24 	judge be assigned and that a hearing be conducted under the contested case provisions 
144.25 	of chapter 14 within 30 days after the service of the request for hearing upon the 
144.26 	commissioner. Upon petition of the commissioner, the administrative law judge shall 
144.27 	continue the hearing up to 60 days and upon a showing of good cause may continue the 
144.28 	hearing for such additional period as the administrative law judge deems appropriate. 
144.29 	At the hearing the owner or the lessee shall have the burden of proving by substantial 
144.30 	evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue 
144.31 	findings of fact, conclusions of law, and order. If the administrative law judge finds that 
144.32 	compensation should be paid to the owner or the lessee, the administrative law judge 
144.33 	shall order the commissioner to make payment from the fund of the amount it finds to be 
144.34 	payable pursuant to the provisions of and in accordance with the limitations contained in 
144.35 	this section. The order of the administrative law judge shall constitute the final decision of 
145.1 	the agency in the contested case. Judicial review of the administrative law judge's findings 
145.2 	of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
145.3 		Subd. 9.Satisfaction of applications for compensation. The commissioner shall 
145.4 	pay compensation from the fund to an owner or a lessee pursuant to the terms of an 
145.5 	agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final 
145.6 	order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 
145.7 	of the fiscal year following the fiscal year during which the agreement was entered into or 
145.8 	during which the order became final, subject to the limitations of this section. At the end 
145.9 	of each fiscal year the commissioner shall calculate the amount of compensation to be 
145.10 	paid from the fund pursuant to agreements that have been entered into under subdivision 
145.11 	7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or 
145.12 	subdivision 8. If the calculated amount exceeds the amount available for payment, then 
145.13 	the commissioner shall allocate the amount available among the owners and the lessees 
145.14 	in the ratio that the amount agreed to or ordered to be paid to each owner or lessee 
145.15 	bears to the amount calculated. The commissioner shall mail notice of the allocation to 
145.16 	all owners and lessees not less than 45 days following the end of the fiscal year. Any 
145.17 	compensation paid by the commissioner in accordance with this subdivision shall be 
145.18 	deemed to satisfy and extinguish any right to compensation from the fund based upon the 
145.19 	verified application of the owner or lessee.
145.20 		Subd. 10.Criminal penalty. It shall be unlawful for any person or the agent of any 
145.21 	person to knowingly file with the commissioner any application, notice, statement, or other 
145.22 	document required under the provisions of this section that is false or untrue or contains 
145.23 	any material misstatement of fact. Such conduct shall constitute a gross misdemeanor.
145.24 		Subd. 11.Right of subrogation. If the commissioner pays compensation from the 
145.25 	fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a 
145.26 	final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner 
145.27 	shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final 
145.28 	judgment in the amount of compensation paid from the fund and the owner or the lessee 
145.29 	shall assign to the commissioner all rights, title, and interest in the final judgment in 
145.30 	the amount of compensation paid. The commissioner shall deposit in the fund money 
145.31 	recovered under this subdivision.
145.32 		Subd. 12.Effect of section on commissioner's authority. Nothing contained 
145.33 	in this section shall limit the authority of the commissioner to take disciplinary action 
145.34 	against a licensee under the provisions of this chapter. A licensee's repayment in full of 
145.35 	obligations to the fund shall not nullify or modify the effect of any other disciplinary 
145.36 	proceeding brought under the provisions of this chapter.
146.1 		Subd. 13.Limitation. Nothing may obligate the fund to compensate:
146.2 	(1) insurers or sureties under subrogation or similar theories; or
146.3 	(2) owner of residential property for final judgments against a prior owner of the 
146.4 	residential property unless the claim is brought and judgment is rendered for breach of the 
146.5 	statutory warranty set forth in chapter 327A.
146.6 		Subd. 14.Condominiums or townhouses. For purposes of this section, the owner 
146.7 	or the lessee of a condominium or townhouse is considered an owner or a lessee of 
146.8 	residential property regardless of the number of residential units per building.
146.9 		Subd. 15.Accelerated compensation. Payments made from the fund to compensate 
146.10 	owners and lessees that do not exceed the jurisdiction limits for conciliation court matters 
146.11 	as specified in section 491A.01 may be paid on an accelerated basis if all of the following 
146.12 	requirements have been satisfied:
146.13 	(a) The owner or the lessee has served upon the commissioner a verified application 
146.14 	for compensation that complies with the requirements set out in subdivision 6 and the 
146.15 	commissioner determines based on review of the application that compensation should be 
146.16 	paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket 
146.17 	loss in the transaction, minus attorney fees, interest on the loss and on the judgment 
146.18 	obtained as a result of the loss, and any satisfaction of the judgment, and make payment 
146.19 	to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days 
146.20 	after the owner or lessee serves the verified application.
146.21 	(b) The commissioner may pay compensation to owners or lessees that totals not 
146.22 	more than $50,000 per licensee per fiscal year under this accelerated process. The 
146.23 	commissioner may prorate the amount of compensation paid to owners or lessees under 
146.24 	this subdivision if applications submitted by owners and lessees seek compensation in 
146.25 	excess of $50,000 against a licensee. Any unpaid portion of a verified application that 
146.26 	has been prorated under this subdivision shall be satisfied in the manner set forth in 
146.27 	subdivision 9.
146.28 		Subd. 16.Appropriation. Money in the fund is appropriated to the commissioner 
146.29 	for the purposes of this section.
146.30 		Subd. 17.Additional assessment. If the balance in the fund is at any time less than 
146.31 	the commissioner determines is necessary to carry out the purposes of this section, every 
146.32 	licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the 
146.33 	fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall 
146.34 	set the amount of assessment based on a reasonable determination of the amount that is 
146.35 	necessary to restore a balance in the fund adequate to carry out the purposes of this section.

147.1 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
147.2 	subdivisions 1 and 3 are effective July 1, 2007.

147.3 	Sec. 30. REVISOR'S INSTRUCTION.
 147.4 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
147.5 	column A with the number listed in column B. The revisor shall also make necessary 
147.6 	cross-reference changes consistent with the renumbering.

147.7		Column A
	Column B
	
147.8		325E.58
	326B.865
	
147.9		326.83
	326B.802
	
147.10		326.84
	326B.805
	
147.11		326.841
	327B.041
	
147.12		326.842
	326B.81
	
147.13		326.86
	326B.815
	
147.14		326.87
	326B.82
	
147.15		326.88
	326B.825
	
147.16		326.89
	326B.83
	
147.17		326.90
	326B.835
	
147.18		326.91
	326B.84
	
147.19		326.92
	326B.845
	
147.20		326.921
	326B.85
	
147.21		326.93
	326B.855
	
147.22		326.94
	326B.86
	
147.23		326.95
	326B.87
	
147.24		326.951
	326B.875
	
147.25		326.96
	326B.88
	
147.26		326.97
	326B.885

147.27 	ARTICLE 9
147.28 	BOILERS; PRESSURE VESSELS; BOATS

147.29 	Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
147.30 	183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; 
147.31 	LICENSES.
147.32 		Subdivision 1.All boilers inspected. The Division of Boiler Inspection
147.33 	commissioner shall inspect all boilers and pressure vessels in use not expressly excepted 
147.34 	from such inspection by law. Immediately Upon inspection the Division of Boiler 
147.35 	Inspection commissioner shall issue a certificate of inspection therefor or a certificate 
147.36 	condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and 
148.1 	certificates shall be prepared and furnished by the commissioner. The Division of Boiler 
148.2 	Inspection commissioner shall examine all applicants for engineer's licenses. The chief of 
148.3 	the Division of Boiler Inspection commissioner shall issue such license to an applicant as 
148.4 	the examination shall show the applicant is entitled to receive.
148.5 		Subd. 2.Inspector's examination. For the purpose of examining applicants 
148.6 	for license a National Board of Boiler and Pressure Vessel Inspectors commission, the 
148.7 	chief of the Division of Boiler Inspection or the deputy chief commissioner shall fix and 
148.8 	determine a time and place for the examinations, and give notice to all applicants of the 
148.9 	time and place. The chief or the deputy chief commissioner shall grant and sign such 
148.10 	license certificates as applicants are entitled to receive upon examination. Applicants may 
148.11 	be examined and issued certificates of competency as inspectors of boilers and pressure 
148.12 	vessels.

148.13 	Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
148.14 		Subdivision 1.Inspector requirements. Each boiler inspector shall be a person 
148.15 	of good moral character, shall be licensed in this state as a chief grade A engineer, and 
148.16 	must hold a national board commission as a boiler inspector within 12 months of being 
148.17 	employed as a boiler inspector by the department. An inspector shall not be interested in 
148.18 	the manufacture or sale of boilers or steam machinery or in any patented article required 
148.19 	or generally used in the construction of engines or boilers or their appurtenances.

148.20 	Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
148.21 		Subd. 2.Inspection. When used for display and demonstration purposes, steam 
148.22 	farm traction engines, portable and stationary show engines and portable and stationary 
148.23 	show boilers shall be inspected every two years according to law.
148.24 	(a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly 
148.25 	by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards 
148.26 	in paragraph (b), before being certified for use in Minnesota.
148.27 	(b) Standards for inspection of show boilers shall be those established by the 
148.28 	National Board Inspection Code ANSI/NB23 and by the rules adopted by the department 
148.29 	of Labor and Industry, Division of Boiler Inspection, and as follows:
148.30 	(1) the boiler shall be subjected to the appropriate method of nondestructive 
148.31 	examination, at the owner's expense, as deemed necessary by the boiler inspector to 
148.32 	determine soundness and safety of the boiler;
148.33 	(2) the boiler shall be tested by ultrasonic examination for metal thickness (for 
148.34 	purposes of calculating the maximum allowable working pressure the thinnest reading 
149.1 	shall be used and a safety factor of six shall be used in calculating maximum allowable 
149.2 	working pressure on all non-ASME-code hobby and show boilers); and
149.3 	(3) repairs and alterations made to show boilers must be made pursuant to section  
149.4 	183.466. 
149.5 	(c) Further each such object shall successfully complete an inspection of:
149.6 	(1) the fusible plug;
149.7 	(2) the safety valve, which must be of American Society of Mechanical Engineers'
149.8 	ASME approved design and set at the maximum allowable working pressure and sealed in 
149.9 	an appropriate manner not allowing tampering with the valve setting without destroying 
149.10 	the seal; and
149.11 	(3) the boiler power piping.
149.12 	Any longitudinal cracks found in riveted longitudinal seams requires that the vessel 
149.13 	be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed, 
149.14 	the jacket must be removed prior to inspection.

149.15 	Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
149.16 	183.42 INSPECTION AND REGISTRATION.
149.17 		Subdivision 1.Inspection. Every owner, lessee, or other person having charge of 
149.18 	boilers or pressure vessels subject to inspection under this chapter shall cause them to be 
149.19 	inspected by the Division of Boiler Inspection department. Except as provided in sections 
149.20 	183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at 
149.21 	least annually and pressure vessels inspected at least every two years except as provided 
149.22 	under section 183.45. The commissioner shall assess a $250 penalty per applicable boiler 
149.23 	or pressure vessel for failure to have the inspection required by this section and may seal 
149.24 	the boiler or pressure vessel for refusal to allow an inspection as required by this section.
149.25 		Subd. 2.Registration. Every owner, lessee, or other person having charge of 
149.26 	boilers or pressure vessels subject to inspection under this chapter, except hobby boilers 
149.27 	under section 183.411, shall register said objects with the Division of Boiler Inspection
149.28 	department. The registration shall be renewed annually and is applicable to each object 
149.29 	separately. The fee for registration of a boiler or pressure vessel shall be pursuant to 
149.30 	section 183.545, subdivision 10. The Division of Boiler Inspection department may issue 
149.31 	a billing statement for each boiler and pressure vessel on record with the division, and 
149.32 	may determine a monthly schedule of billings to be followed for owners, lessees, or other 
149.33 	persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
149.34 		Subd. 3.Certificate of registration. The Division of Boiler Inspection department
149.35 	shall issue a certificate of registration that lists the registered boilers and pressure vessels 
150.1 	at the location, expiration date of the certificate of registration, last inspection date of 
150.2 	each registered boiler and pressure vessel, and maximum allowable working pressure for 
150.3 	each registered boiler and pressure vessel. The commissioner may make an electronic 
150.4 	certificate of registration available to be printed by the owner, lessee, or other person 
150.5 	having charge of the registered boiler or pressure vessel.

150.6 	Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
150.7 	183.45 INSPECTION.
150.8 		Subdivision 1.Inspection requirements. All boilers and steam generators must 
150.9 	be inspected by the Division of Boiler Inspection department before they are used and 
150.10 	all boilers must be inspected at least once each year thereafter except as provided under 
150.11 	subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure 
150.12 	or hammer test, and shall ascertain by a thorough internal and external examination 
150.13 	that they are well made and of good and suitable material; that the openings for the 
150.14 	passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of 
150.15 	proper dimensions and free from obstructions; that the flues are circular in form; that the 
150.16 	arrangements for delivering the feed water are such that the boilers cannot be injured 
150.17 	thereby; and that such boilers and their connections may be safely used without danger to 
150.18 	life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions, 
150.19 	sufficient in number, and properly arranged, and that the safety valves are so adjusted as 
150.20 	to allow no greater pressure in the boilers than the amount prescribed by the inspector's 
150.21 	certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate 
150.22 	the amount of water, and suitable gauges that will correctly record the pressure; and 
150.23 	that the fusible metals are properly inserted where required so as to fuse by the heat of 
150.24 	the furnace whenever the water in the boiler falls below its prescribed limit; and that 
150.25 	provisions are made for an ample supply of water to feed the boilers at all times; and that 
150.26 	means for blowing out are provided, so as to thoroughly remove the mud and sediment 
150.27 	from all parts when under pressure.
150.28 		Subd. 2.Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000 
150.29 	pounds per hour or more capacity which has an internal continuous water treatment 
150.30 	program approved by the department and which the chief boiler inspector commissioner
150.31 	has determined to be in compliance with paragraph (c).
150.32 	(b) A qualifying boiler must be inspected at least once every 24 months internally 
150.33 	and externally while not under pressure and at least once every 18 months externally 
150.34 	while under pressure. If the inspector considers it necessary to conduct a hydrostatic test 
151.1 	to determine the safety of a boiler, the test must be conducted under the direction of the 
151.2 	owner, contractor, or user of the equipment under the supervision of an inspector.
151.3 	(c) The owner of a qualifying boiler must keep accurate records showing the date 
151.4 	and actual time the boiler is out of service, the reason or reasons therefor, and the chemical 
151.5 	physical laboratory analysis of samples of the boiler water taken at regular intervals of 
151.6 	not more than 48 hours of operation which adequately show the condition of the water, 
151.7 	and any elements or characteristics of the water capable of producing corrosion or other 
151.8 	deterioration of the boiler or its parts.
151.9 	(d) If an inspector determines there are substantial deficiencies in equipment or in 
151.10 	boiler water treatment operating procedures, inspections of a qualifying boiler may be 
151.11 	required once every 12 months until the chief boiler inspector commissioner finds that the 
151.12 	substantial deficiencies have been corrected.

151.13 	Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
151.14 	183.46 TESTS.
151.15 	In subjecting both high and low pressure boilers and pressure vessels to the 
151.16 	hydrostatic test, and to determine the safe allowable working pressure, the inspector shall 
151.17 	use the latest approved formula of the American Society of Mechanical Engineers ASME
151.18 	Code or National Board Inspection Code, as applicable.

151.19 	Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
151.20 	183.465 STANDARDS OF INSPECTION.
151.21 	The engineering standards of boilers and pressure vessels for use in this state shall 
151.22 	be that established by the current edition of the and amendments to the ASME Code or the 
151.23 	National Board Inspection Code, as applicable, for construction, operation and care of, 
151.24 	in-service inspection and testing, and controls and safety devices codes of the American 
151.25 	Society of Mechanical Engineers and amendments thereto, and by the rules of the Division 
151.26 	of Boiler Inspection adopted by the department of Labor and Industry.

151.27 	Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
151.28 	183.466 STANDARDS OF REPAIRS.
151.29 	The rules for repair of boilers and pressure vessels for use in this state shall be those 
151.30 	established by the National Board of Boiler and Pressure Vessel Inspectors inspection 
151.31 	code and the rules of the Division of Boiler Inspection adopted by the department of 
151.32 	Labor and Industry.

152.1 	Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
152.2 	183.48 SPECIAL EXAMINATION.
152.3 	At any time the inspector deems it necessary an examination shall be made of any 
152.4 	If an inspector examines a boiler or pressure vessel which there is reason to believe has 
152.5 	become and determines that the boiler or pressure vessel is unsafe, and the inspector shall
152.6 	notify the owners or operators thereof owner or operator of any defect therein, and what 
152.7 	repairs are necessary in that boiler or pressure vessel. Such boiler or pressure vessel 
152.8 	shall not thereafter be used until so repaired the defect is corrected. Boilers found to be 
152.9 	operated by unlicensed or improperly licensed persons shall not be used until the operators 
152.10 	are properly licensed. If circumstances warrant continued operation, approval may be 
152.11 	given for continuing operation for a specific period of time, not to exceed 30 days, at the 
152.12 	discretion of the boiler inspector.

152.13 	Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
152.14 	183.501 LICENSE REQUIREMENT.
152.15 	(a) No person individual shall be entrusted with the operation of or operate any 
152.16 	boiler, steam engine, or turbine who has not received a license of grade covering that 
152.17 	boiler, steam engine or turbine. The license shall be renewed annually, except as provided 
152.18 	in section 183.411. When a violation of this section occurs the Division of Boiler 
152.19 	Inspection may cause a complaint to be made for the prosecution of the offender and shall 
152.20 	be entitled to sue for and obtain injunctive relief in the district courts for such violations.
152.21 	(b) For purposes of this chapter, "operation" shall not include monitoring of an 
152.22 	automatic boiler, either through on premises inspection of the boiler or by remote 
152.23 	electronic surveillance, provided that no operations are performed upon the boiler other 
152.24 	than emergency shut down in alarm situations.
152.25 	(c) No individual under the influence of illegal drugs or alcohol shall be entrusted 
152.26 	with the operation of or shall operate any boiler, steam engine, or turbine, or shall be 
152.27 	entrusted with the monitoring of or shall monitor an automatic boiler.

152.28 	Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
152.29 	183.505 APPLICATIONS FOR LICENSES.
152.30 	The chief boiler inspector commissioner shall prepare blank applications on which 
152.31 	applications for engineers' licenses shall be made under oath of the applicant. These 
152.32 	blanks shall be so formulated as to elicit such information as is desirable needed to 
153.1 	enable the examiners to pass on determine whether an applicant meets the qualifications 
153.2 	of applicants required for the license.

153.3 	Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
153.4 	183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
153.5 		Subdivision 1.Engineers, classes. Engineers shall be divided into four classes:
153.6 	(1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade 
153.7 	A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade 
153.8 	C. (4) Special engineers.
153.9 		Subd. 2.Applications. Any person individual who desires an engineer's license 
153.10 	shall submit a written an application, on blanks furnished by the commissioner or designee
153.11 	on a written or electronic form prescribed by the commissioner, at least 15 days before 
153.12 	the requested exam date. The application is valid for permits the applicant to take the 
153.13 	examination on one occasion within one year from the date the commissioner or designee 
153.14 	received receives the application.
153.15 		Subd. 2a.Examinations. Each applicant for a license must pass an examination 
153.16 	approved developed and administered by the commissioner. The examinations shall be 
153.17 	of sufficient scope to establish the competency of the applicant to operate a boiler of the 
153.18 	applicable license class and grade.
153.19 		Subd. 3.High and low pressure boilers. For the purposes of this section and 
153.20 	section  183.50, high pressure boilers shall mean boilers operating at a steam or other vapor 
153.21 	pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure 
153.22 	exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 
153.23 	Low pressure boilers shall mean boilers operating at a steam or other vapor pressure 
153.24 	of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 
153.25 	160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
153.26 		Subd. 4.Chief engineer, Grade A. A person An individual seeking licensure as 
153.27 	a chief engineer, Grade A, shall be at least 18 years of age and have experience which 
153.28 	verifies that the person individual is competent to take charge of and be responsible for the 
153.29 	safe operation and maintenance of all classes of boilers, steam engines, and turbines and 
153.30 	their appurtenances; and, before receiving a license, the applicant shall take and subscribe 
153.31 	an oath attesting to at least five years actual experience in operating such boilers, including 
153.32 	at least two years experience in operating such engines or turbines.
153.33 		Subd. 5.Chief engineer, Grade B. A person An individual seeking licensure as a 
153.34 	chief engineer, Grade B, shall be at least 18 years of age and have habits and experience 
153.35 	which justify the belief that the person individual is competent to take charge of and be 
154.1 	responsible for the safe operation and maintenance of all classes of boilers and their 
154.2 	appurtenances; and, before receiving a license, the applicant shall take and subscribe an 
154.3 	oath attesting to at least five years actual experience in operating those boilers.
154.4 		Subd. 6.Chief engineer, Grade C. A person An individual seeking licensure as a 
154.5 	chief engineer, Grade C, shall be at least 18 years of age and have habits and experience 
154.6 	which justify the belief that the person individual is competent to take charge of and 
154.7 	be responsible for the safe operation and maintenance of all classes of low pressure 
154.8 	boilers and their appurtenances, and before receiving a license, the applicant shall take 
154.9 	and subscribe an oath attesting to at least five years of actual experience in operating 
154.10 	such boilers.
154.11 		Subd. 7.First-class engineer, Grade A. A person An individual seeking licensure 
154.12 	as a first-class engineer, Grade A, shall be at least 18 years of age and have experience 
154.13 	which verifies that the person individual is competent to take charge of and be responsible 
154.14 	for the safe operation and maintenance of all classes of boilers, engines, and turbines and 
154.15 	their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a 
154.16 	plant of unlimited horsepower. Before receiving a license, the applicant shall take and 
154.17 	subscribe an oath attesting to at least three years actual experience in operating such 
154.18 	boilers, including at least two years experience in operating such engines or turbines.
154.19 		Subd. 8.First-class engineer, Grade B. A person An individual seeking licensure 
154.20 	as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and 
154.21 	experience which justify the belief that the person individual is competent to take charge 
154.22 	of and be responsible for the safe operation and maintenance of all classes of boilers of 
154.23 	not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited 
154.24 	horsepower. Before receiving a license the applicant shall take and subscribe an oath 
154.25 	attesting to at least three years actual experience in operating such boilers.
154.26 		Subd. 9.First-class engineer, Grade C. A person An individual seeking licensure 
154.27 	as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and 
154.28 	experience which justify the belief that the person individual is competent to take charge 
154.29 	of and be responsible for the safe operation and maintenance of all classes of low pressure 
154.30 	boilers and their appurtenances of not more than 300 horsepower or to operate as a shift 
154.31 	engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the 
154.32 	applicant shall take and subscribe an oath attesting to at least three years actual experience 
154.33 	in operating such boilers.
154.34 		Subd. 10.Second-class engineer, Grade A. A person An individual seeking 
154.35 	licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have 
154.36 	experience which verifies that the person individual is competent to take charge of and 
155.1 	be responsible for the safe operation and maintenance of all classes of boilers, engines, 
155.2 	and turbines and their appurtenances of not more than 100 horsepower or to operate 
155.3 	as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift 
155.4 	engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving 
155.5 	a license the applicant shall take and subscribe an oath attesting to at least one year of 
155.6 	actual experience in operating such boilers, including at least one year of experience in 
155.7 	operating such engines or turbines.
155.8 		Subd. 11.Second-class engineer, Grade B. A person An individual seeking 
155.9 	licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have 
155.10 	habits and experience which justify the belief that the person individual is competent to 
155.11 	take charge of and be responsible for the safe operation and maintenance of all classes of 
155.12 	boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not 
155.13 	more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant 
155.14 	of unlimited horsepower. Before receiving a license the applicant shall take and subscribe 
155.15 	an oath attesting to at least one year of actual experience in operating such boilers.
155.16 		Subd. 12.Second-class engineer, Grade C. A person An individual seeking 
155.17 	licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have 
155.18 	habits and experience which justify the belief that the person individual is competent to 
155.19 	take charge of and be responsible for the safe operation and maintenance of all classes 
155.20 	of low pressure boilers and their appurtenances of not more than 100 horsepower or to 
155.21 	operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or 
155.22 	to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited 
155.23 	horsepower. Before receiving a license, the applicant shall take and subscribe an oath 
155.24 	attesting to at least one year of actual experience in operating such boilers.
155.25 		Subd. 13.Special engineer. A person An individual seeking licensure as a special 
155.26 	engineer shall be at least 18 years of age and have habits and experience which justify 
155.27 	the belief that the person individual is competent to take charge of and be responsible for 
155.28 	the safe operation and maintenance of all classes of boilers and their appurtenances of 
155.29 	not more than 30 horsepower or to operate as a shift engineer in a plant of not more than 
155.30 	100 horsepower, or to serve as an apprentice in any plant under the direct supervision of 
155.31 	the properly licensed engineer.
155.32 		Subd. 14.Current boiler operators. Any person individual operating a boiler other 
155.33 	than a steam boiler on or before April 15, 1982 shall be qualified for application for the 
155.34 	applicable class license upon presentation of an affidavit furnished by an inspector and 
155.35 	sworn to by the person's individual's employer or a chief engineer. The applicant must 
156.1 	have at least the number of years of actual experience specified for the class of license 
156.2 	requested and pass the appropriate examination.
156.3 		Subd. 15.Rating horsepower. For the purpose of rating boiler horsepower for 
156.4 	engineer license classifications only: ten square feet of heating surface shall be considered 
156.5 	equivalent to one boiler horsepower for conventional boilers and five square feet of 
156.6 	heating surface equivalent to one boiler horsepower for steam coil type generators.

156.7 	Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
156.8 		Subdivision 1.Safety Inspection certificate. After examination and tests, if a boiler 
156.9 	inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall 
156.10 	deliver to the chief boiler inspector a verified certificate in such form as prescribed by 
156.11 	the chief boiler inspector containing a specification of the tests applied and the working 
156.12 	pressure allowed. A copy of the certificate is delivered to the owner of the boiler or 
156.13 	pressure vessel, who shall place and retain the same in a conspicuous place on or near 
156.14 	the boiler or pressure vessel. of the boiler or pressure vessel being inspected, the boiler 
156.15 	inspector shall document the condition of the boiler or pressure vessel as required by the 
156.16 	commissioner. The inspector shall issue an inspection certificate, as prescribed by the 
156.17 	commissioner, to the owner or operator for the inspected boilers and pressure vessels 
156.18 	found to be safe and suitable for use. The inspector shall immediately notify the owner or 
156.19 	operator of any deficiencies found on the boilers and pressure vessels during the inspection 
156.20 	on a form prescribed by the commissioner.

156.21 	Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
156.22 		Subd. 3.Failure to pay fee. If the owner or lessee of any boiler or pressure vessel, 
156.23 	which boiler or pressure vessel has been duly inspected, refuses to pay the required fee 
156.24 	within 30 days from the date of the inspection invoice, the chief boiler inspector, or 
156.25 	deputy, department may seal the boiler or pressure vessel until the fee is paid.

156.26 	Sec. 15. Minnesota Statutes 2006, section 183.545, subdivision 2, is amended to read:
156.27 		Subd. 2.Fee amounts; master's. The license and application fee for a master's 
156.28 	license is $50 $45, or $20 $15 if the applicant possesses a valid, unlimited, current United 
156.29 	States Coast Guard master's license. The annual renewal of a master's license is $20 $15. 
156.30 	The annual renewal if paid later than 30 days after expiration is $35 $30. The fee for 
156.31 	replacement of a current, valid license is $20 $15.

156.32 	EFFECTIVE DATE. This section is effective July 1, 2007.

157.1 	Sec. 16. Minnesota Statutes 2006, section 183.545, subdivision 4, is amended to read:
157.2 		Subd. 4.Boiler engineer license fees. For the following licenses, the nonrefundable 
157.3 	license and application fee is:
157.4 	(1) chief engineer's license, $50 $45;
157.5 	(2) first class engineer's license, $50 $45;
157.6 	(3) second class engineer's license, $50 $45;
157.7 	(4) special engineer's license, $20 $15; and
157.8 	(5) traction or hobby boiler engineer's license, $50 $45.
157.9 	An engineer's license may be renewed upon application and payment of an annual 
157.10 	renewal fee of $20 $15. The annual renewal, if paid later than 30 days after expiration, is 
157.11 	$35 $30. The fee for replacement of a current, valid license is $20 $15.

157.12 	EFFECTIVE DATE. This section is effective July 1, 2007.

157.13 	Sec. 17. Minnesota Statutes 2006, section 183.545, subdivision 8, is amended to read:
157.14 		Subd. 8.Certificate of competency. The fee for issuance of the original state of 
157.15 	Minnesota certificate of competency for inspectors is $50 $45. This fee is waived for 
157.16 	inspectors who paid the examination fee. The fee for an annual renewal of the state of 
157.17 	Minnesota certificate of competency is $35 $30, and is due January 1 of each year. The 
157.18 	fee for replacement of a current, valid license is $35 $30.

157.19 	EFFECTIVE DATE. This section is effective July 1, 2007.

157.20 	Sec. 18. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision 
157.21 	to read:
157.22 		Subd. 11.Late fee. The commissioner may assess a late fee of up to $100 for 
157.23 	each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date 
157.24 	stated on the invoice.

157.25 	EFFECTIVE DATE. This section is effective July 1, 2007.

157.26 	Sec. 19. Minnesota Statutes 2006, section 183.56, is amended to read:
157.27 	183.56 EXCEPTIONS.
157.28 	The provisions of sections 183.38 to 183.62, shall not apply to: 
157.29 	(1) boilers in buildings occupied solely for residence purposes with accommodations 
157.30 	for not more than five families;
157.31 	(2) railroad locomotives operated by railroad companies for transportation purposes;
158.1 	(3) air tanks installed on the right-of-way of railroads and used directly in the 
158.2 	operation of trains;
158.3 	(4) boilers and pressure vessels under the direct jurisdiction of the United States;
158.4 	(5) unfired pressure vessels having an internal or external working pressure not 
158.5 	exceeding 15 p.s.i.g. with no limit on size;
158.6 	(6) pressure vessels used for storage of compressed air not exceeding five cubic feet 
158.7 	in volume and equipped with an American Society of Mechanical Engineers ASME code 
158.8 	stamped safety valve set at a maximum of 100 p.s.i.g.;
158.9 	(7) pressure vessels having an inside diameter not exceeding six inches;
158.10 	(8) every vessel that contains water under pressure, including those containing air 
158.11 	that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and 
158.12 	whose design temperature does not exceed 210 degrees Fahrenheit;
158.13 	(9) boiler or pressure vessels located on farms used solely for agricultural or 
158.14 	horticultural purposes; for purposes of this section, boilers used for mint oil extraction 
158.15 	are considered used for agricultural or horticultural purposes, provided that the owner or 
158.16 	lessee complies with the inspection requirements contained in section 183.42; 
158.17 	(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
158.18 	(11) unfired pressure vessels in petroleum refineries;
158.19 	(12) an air tank or pressure vessel which is an integral part of a passenger motor 
158.20 	bus, truck, or trailer;
158.21 	(13) hot water heating and other hot liquid boilers not exceeding a heat input of 
158.22 	750,000 BTU per hour;
158.23 	(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 
158.24 	BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 
158.25 	120 gallons, or a pressure of 160 p.s.i.g.;
158.26 	(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
158.27 	(16) pressure vessels operated full of water or other liquid not materially more 
158.28 	hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees 
158.29 	Fahrenheit or a pressure of 200 p.s.i.g.;
158.30 	(17) steam powered turbines at paper-making facilities which are powered by steam 
158.31 	generated by municipal steam district facilities at a remote location; and
158.32 	(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, 
158.33 	or antique motor vehicles constructed or maintained only as a hobby for exhibition, 
158.34 	educational or historical purposes and not for commercial use, if the boilers have an 
158.35 	inside diameter of 12 inches or less, or a grate area of two square feet or less, and are 
159.1 	equipped with an American Society of Mechanical Engineers ASME stamped safety valve 
159.2 	of adequate size, a water level indicator, and a pressure gauge.
159.3 	An engineer's license is not required for hot water supply boilers.
159.4 	An engineer's license is not required for boilers, steam cookers, steam kettles, steam 
159.5 	sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 
159.6 	kilowatt, 2-1/2 horsepower or and a pressure of 15 p.s.i.g.
159.7 	Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum 
159.8 	of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and 
159.9 	shall not require an engineer license to operate.

159.10 	Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
159.11 		Subdivision 1.Report required. Any insurance company insuring boilers and 
159.12 	pressure vessels in this state shall file a report showing the most recent date of inspection, 
159.13 	the name of the person individual making the inspection, the condition of the boiler 
159.14 	or pressure vessel as disclosed by the inspection, whether the boiler was operated by 
159.15 	a properly licensed engineer, whether a policy of insurance has been issued by the 
159.16 	company with reference to the boiler or pressure vessel, and other information as directed 
159.17 	by the chief boiler inspector commissioner. Within 21 days after the inspection, the 
159.18 	insurance company shall file the report with the chief boiler inspector or designee and 
159.19 	the commissioner. The insurer shall provide a copy of the report to the person, firm, or 
159.20 	corporation owning or operating the inspected boiler or pressure vessel. Such report shall 
159.21 	be made annually for boilers and biennially for pressure vessels.

159.22 	Sec. 21. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
159.23 		Subd. 2.Exemption. Every boiler or pressure vessel as to which any insurance 
159.24 	company authorized to do business in this state has issued a policy of insurance, after the 
159.25 	inspection thereof, is exempt from inspection by the department made under sections 
159.26 	183.375 to 183.62, while the same continues to be insured and provided it continues 
159.27 	to be inspected in accordance with the inspection schedule set forth in sections 183.42
159.28 	and 183.45, and the person, firm, or corporation owning or operating the same has an 
159.29 	unexpired certificate of registration.

159.30 	Sec. 22. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
159.31 		Subd. 5.Notice of insurance coverage. The insurer shall notify the commissioner 
159.32 	or designee in writing of its policy to insure and inspect boilers and pressure vessels at a 
159.33 	location within 30 days of receipt of notification from the insured that a boiler or pressure 
160.1 	vessel is present at an insured location. The insurer must also provide a duplicate of the 
160.2 	notification to the insured.

160.3 	Sec. 23. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
160.4 		Subd. 6.Notice of discontinued coverage. The insurer shall notify the 
160.5 	commissioner or designee in writing, within 30 days of the effective date, of the 
160.6 	discontinuation of insurance coverage of the boilers and pressure vessels at a location 
160.7 	and the cause or reason for the discontinuation if the insurer has received notice from 
160.8 	the insured that a boiler or pressure vessel is present at an insured location, as provided 
160.9 	under subdivision 5. This notice shall show the effective date when the discontinued 
160.10 	policy takes effect.

160.11 	Sec. 24. Minnesota Statutes 2006, section 183.59, is amended to read:
160.12 	183.59 VIOLATIONS BY INSPECTORS.
160.13 	Every inspector who willfully certifies falsely regarding any boiler or its attachments, 
160.14 	or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license 
160.15 	to any person individual to act as engineer, or master, or pilot contrary to any provision of 
160.16 	sections  183.375 to  183.62, is guilty of a misdemeanor. In addition to this punishment the 
160.17 	inspector shall be removed from office forthwith. 

160.18 	Sec. 25. Minnesota Statutes 2006, section 183.60, is amended to read:
160.19 	183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
160.20 		Subdivision 1.Construction violation. Every No person who constructs shall 
160.21 	construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum 
160.22 	construction requirements of the American Society of Mechanical Engineers ASME boiler 
160.23 	and pressure vessel code, and the rules of the Division of Boiler Inspection adopted by the 
160.24 	 department of Labor and Industry is guilty of a gross misdemeanor.
160.25 		Subd. 2.Repair violation. Every No person who repairs a boiler or pressure vessel 
160.26 	by welding or riveting so as not to meet the minimum requirements established by the 
160.27 	current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection 
160.28 	code and the rules of the Division of Boiler Inspection adopted by the department of Labor 
160.29 	and Industry is guilty of a gross misdemeanor.
160.30 		Subd. 3.Sale violation. Every No manufacturer, jobber, dealer, or other person 
160.31 	selling or offeringshall sell or offer for sale a boiler or pressure vessel that does not meet 
160.32 	the minimum construction requirements of the American Society of Mechanical Engineers
161.1 	ASME boiler and pressure vessel code and the rules of the Division of Boiler Inspection 
161.2 	adopted by the department of Labor and Industry is guilty of a gross misdemeanor.

161.3 	Sec. 26. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
161.4 		Subd. 2.Inspection violation. Any No person who causes shall cause to be 
161.5 	operated, or operates shall operate, any boiler or boat without having the same inspected 
161.6 	at least once each year, or pressure vessel, steam farm traction engine, portable or 
161.7 	stationary show engine, or portable or stationary show boiler without having it inspected 
161.8 	biennially, and or without having the proper engineer or pilot master license is guilty 
161.9 	of a misdemeanor.

161.10 	Sec. 27. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
161.11 		Subd. 4.Failure to repair. Every person operating or causing to be operated After
161.12 	any boiler or pressure vessel after it has been examined and found to be unsafe and after the 
161.13 	owner or operator thereof of the boiler or pressure vessel has been notified of any defect 
161.14 	therein and what repairs are necessary to remedy the defect who fails to comply with the 
161.15 	inspector's requirements is guilty of a misdemeanor in it, no person shall operate the boiler 
161.16 	or pressure vessel or cause it to be operated unless and until the defect has been corrected.

161.17 	Sec. 28. [326B.93] INSPECTION PERSONNEL.
161.18 		Subdivision 1.Inspectors. The department may employ such inspectors and other 
161.19 	persons as are necessary to efficiently perform the duties and exercise the powers imposed 
161.20 	upon the department.
161.21 		Subd. 2.Chief boiler inspector. The commissioner shall appoint a chief boiler 
161.22 	inspector who, under the direction and supervision of the commissioner, shall administer 
161.23 	this chapter and the rules adopted under this chapter. The chief boiler inspector must: 
161.24 	(1) be licensed as a chief Grade A engineer; and 
161.25 	(2) possess a current commission issued by the National Board of Boiler and 
161.26 	Pressure Vessel Inspectors. 
161.27 	The chief boiler inspector shall be the state of Minnesota representative on the National 
161.28 	Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority 
161.29 	of the rules adopted under this chapter, and shall perform other duties in administering this 
161.30 	chapter and the rules adopted under this chapter as assigned by the commissioner. Any 
161.31 	adverse ruling by the commissioner must be presented to an administrative law judge.

161.32 	Sec. 29. [326B.94] BOATS; MASTERS.
162.1 		Subdivision 1.Boat. "Boat" means any vessel navigating inland waters of the state 
162.2 	that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet 
162.3 	or more in length.
162.4 		Subd. 2.Number of passengers. The department shall designate the number of 
162.5 	passengers that each boat may safely carry, and no such boat shall carry a greater number 
162.6 	than is allowed by the inspector's certificate.
162.7 		Subd. 3.Annual permit. The commissioner shall issue an annual permit to a boat 
162.8 	for the purpose of carrying passengers for hire on the inland waters of the state provided 
162.9 	the boat satisfies the inspection requirements of this section. A boat subject to inspection 
162.10 	under this chapter shall be registered with the department and shall be inspected before a 
162.11 	permit may be issued. No person shall operate a boat or cause a boat to be operated for the 
162.12 	purpose of carrying passengers for hire on the inland waters of the state without a valid 
162.13 	annual permit issued under this section. 
162.14 		Subd. 4.Examinations, licensing. The commissioner shall develop and administer 
162.15 	an examination for all masters of boats carrying passengers for hire on the inland waters of 
162.16 	the state as to their qualifications and fitness. If found qualified and competent to perform 
162.17 	their duties as a master of a boat carrying passengers for hire, they shall be issued a license 
162.18 	authorizing them to act as such on the inland waters of the state. The license shall be 
162.19 	renewed annually. Fees for the original issue and renewal of the license authorized under 
162.20 	this section shall be pursuant to section 183.545, subdivision 2.
162.21 		Subd. 5.Rules. (a) The department shall prescribe rules for the inspection of the 
162.22 	hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances, 
162.23 	and lifesaving equipment of all power boats navigating the inland waters of the state, 
162.24 	which shall conform to the requirements and specifications of the United States Coast 
162.25 	Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable 
162.26 	inland waters; these rules shall have the force of law.
162.27 	(b) The commissioner shall make such rules for inspection and operation of boats 
162.28 	subject to inspection under this chapter, the licensing of masters, and the navigation of any 
162.29 	such boat as will require its operation without danger to life or property.
162.30 		Subd. 6.Drugs, alcohol. No master shall be under the influence of illegal drugs 
162.31 	or alcohol when on duty.

162.32 	Sec. 30. REVISOR'S INSTRUCTION.
 162.33 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
162.34 	column A with the number listed in column B. The revisor shall also make necessary 
162.35 	cross-reference changes consistent with the renumbering.

163.1	Column A
	Column B
	
163.2	183.38
	326B.952
	
163.3	183.39
	326B.954
	
163.4	183.411
	326B.956
	
163.5	183.42
	326B.958
	
163.6	183.45
	326B.96
	
163.7	183.46
	326B.962
	
163.8	183.465
	326B.964
	
163.9	183.466
	326B.966
	
163.10	183.48
	326B.968
	
163.11	183.50
	326B.97
	
163.12	183.501
	326B.972
	
163.13	183.502
	326B.974
	
163.14	183.505
	326B.976
	
163.15	183.51
	326B.978
	
163.16	183.53
	326B.98
	
163.17	183.54
	326B.982
	
163.18	183.545
	326B.986
	
163.19	183.56
	326B.988
	
163.20	183.57
	326B.99
	
163.21	183.59
	326B.992
	
163.22	183.60
	326B.994
	
163.23	183.61
	326B.996
	
163.24	183.62
	326B.998

163.25 	ARTICLE 10
163.26 	HIGH PRESSURE PIPING

163.27 	Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
163.28 	326.46 SUPERVISION OFDEPARTMENT TO SUPERVISE HIGH 
163.29 	PRESSURE PIPING.
163.30 	The department of Labor and Industry shall supervise all high pressure piping used 
163.31 	on all projects in this state, and may prescribe minimum standards which shall be uniform.
163.32 	The department shall employ inspectors and other assistants to carry out the 
163.33 	provisions of sections  326.46 to  326.52. 

163.34 	Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
163.35 	to read:
163.36 		Subd. 1a.Contracting high pressure pipefitter. "Contracting high pressure 
163.37 	pipefitter" means an individual, such as a steamfitter, engaged in the planning, 
164.1 	superintending, and practical installation of high pressure piping and appurtenances, and 
164.2 	otherwise lawfully qualified to construct high pressure piping installations and make 
164.3 	replacements to existing plants, who is also qualified to conduct the business of high 
164.4 	pressure piping installations and who is familiar with the laws, rules, and minimum 
164.5 	standards governing them.

164.6 	Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
164.7 	to read:
164.8 		Subd. 2a.High pressure steam. "High pressure steam" means a pressure in excess 
164.9 	of 15 pounds per square inch.

164.10 	Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
164.11 	to read:
164.12 		Subd. 2b.Journeyman high pressure pipefitter.  "Journeyman high pressure 
164.13 	pipefitter" means an individual, such as a steamfitter, who is not a contracting high 
164.14 	pressure pipefitter and who is engaged in the practical installation of high pressure piping 
164.15 	and appurtenances in the employ of a contracting high pressure pipefitter.

164.16 	Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 
164.17 	to read:
164.18 		Subd. 4.Pipefitter apprentice. A "pipefitter apprentice" is an individual, other than 
164.19 	a contracting pipefitter, journeyman pipefitter, or pipefitter apprentice, who as a principal 
164.20 	occupation is in the employ of a high pressure piping business license holder and is 
164.21 	engaged in pipefitter work to learn and assist in the practical construction and installation 
164.22 	of high pressure piping and appurtenances. For purposes of this subdivision, a "pipefitter 
164.23 	apprentice" is an individual employed in the trade of the practical construction and 
164.24 	installation of high pressure piping and appurtenances under an apprenticeship agreement 
164.25 	approved by the department under Minnesota Rules, part 5200.0300.

164.26 	EFFECTIVE DATE. This section is effective July 1, 2007.

164.27 	Sec. 6. Minnesota Statutes 2006, section 326.47, is amended to read:
164.28 	326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
164.29 		Subdivision 1.Required permit. No person, firm, or corporation shall construct or 
164.30 	install high pressure piping systems without first filing an application for a permit with the 
165.1 	department of Labor and Industry or a municipality that has complied with subdivision 2. 
165.2 	Projects under construction prior to August 1, 1984, are not required to obtain a permit.
165.3 		Subd. 2.Permissive municipal regulation. A municipality may, by ordinance, 
165.4 	provide for the inspection of high pressure piping system materials and construction, and 
165.5 	provide that it shall not be constructed or installed except in accordance with minimum 
165.6 	state standards. The authority designated by the ordinance for issuing high pressure piping 
165.7 	permits and assuring compliance with state standards must report to the Department of 
165.8 	Labor and Industry all violations of state high pressure piping standards.
165.9 	A municipality may not adopt an ordinance with high pressure piping standards 
165.10 	that does not conform to the uniform standards prescribed by the Department of Labor 
165.11 	and Industry. The Department of Labor and Industry shall specify by rule the minimum 
165.12 	qualifications for municipal inspectors. The commissioner may enter into an agreement 
165.13 	with a municipality, in which the municipality agrees to perform inspections and issue 
165.14 	permits for the construction and installation of high pressure piping systems within the 
165.15 	municipality's geographical area of jurisdiction, if:
165.16 	(a) The municipality has adopted:
165.17 	(1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to 
165.18 	5230.6200;
165.19 	(2) an ordinance that authorizes the municipality to issue permits to persons holding 
165.20 	a high pressure piping business license issued by the department and only for construction 
165.21 	or installation that would, if performed properly, fully comply with all Minnesota Statutes 
165.22 	and Minnesota Rules;
165.23 	(3) an ordinance that authorizes the municipality to perform the inspections that are 
165.24 	required under Minnesota Statutes or Minnesota Rules of the construction and installation 
165.25 	of high pressure piping systems; and
165.26 	(4) an ordinance that authorizes the municipality to enforce the code for power 
165.27 	piping systems in its entirety.
165.28 	(b) The municipality agrees to issue permits only to persons holding a high pressure 
165.29 	piping business license as required by law at the time of the permit issuance, and only for 
165.30 	construction or installation that would, if performed properly, comply with all Minnesota 
165.31 	Statutes and Minnesota Rules governing the construction or installation of high pressure 
165.32 	piping systems.
165.33 	(c) The municipality agrees to issue permits only on forms approved by the 
165.34 	department.
165.35 	(d) The municipality agrees that, for each permit issued by the municipality, the 
165.36 	municipality shall perform one or more inspections of the construction or installation to 
166.1 	determine whether the construction or installation complies with all Minnesota Statutes 
166.2 	and Minnesota Rules governing the construction or installation of high pressure piping 
166.3 	systems, and shall prepare a written report of each inspection.
166.4 	(e) The municipality agrees to notify the commissioner within 24 hours after the 
166.5 	municipality discovers any violation of the licensing laws related to high pressure piping.
166.6 	(f) The municipality agrees to notify the commissioner immediately if the 
166.7 	municipality discovers that any entity has failed to meet a deadline set by the municipality 
166.8 	for correction of a violation of the high pressure piping laws.
166.9 	(g) The commissioner determines that the individuals who will conduct the 
166.10 	inspections for the municipality do not have any conflict of interest in conducting the 
166.11 	inspections.
166.12 	(h) Individuals who will conduct the inspections for the municipality are permanent 
166.13 	employees of the municipality and are licensed contracting high pressure pipefitters or 
166.14 	licensed journeyman high pressure pipefitters.
166.15 	(i) The municipality agrees to notify the commissioner within ten days of any 
166.16 	changes in the names or qualifications of the individuals who conduct the inspections 
166.17 	for the municipality.
166.18 	(j) The municipality agrees to enforce in its entirety the code for power piping 
166.19 	systems on all projects.
166.20 	(k) The municipality shall not approve any piping installation unless the installation 
166.21 	conforms to all applicable provisions of the high pressure piping laws in effect at the 
166.22 	time of the installation.
166.23 	(l) The municipality agrees to promptly require compliance or revoke a permit that 
166.24 	it has issued if there is noncompliance with any of the applicable provisions of the high 
166.25 	pressure piping laws in connection with the work covered by the permit. The municipality 
166.26 	agrees to revoke the permit if any laws regulating the licensing of pipefitters have been 
166.27 	violated.
166.28 	(m) The municipality agrees to keep official records of all documents received, 
166.29 	including permit applications, and of all permits issued, reports of inspections, and notices 
166.30 	issued in connection with inspections.
166.31 	(n) The municipality agrees to maintain the records described in paragraph (m) in 
166.32 	the official records of the municipality for the period required for the retention of public 
166.33 	records under section 138.17, and shall make these records readily available for review 
166.34 	according to section 13.37.
166.35 	(o) Not later than the tenth day of each month, the municipality shall submit to the 
166.36 	commissioner a report of all high pressure piping permits issued by the municipality during 
167.1 	the preceding month. This report shall be in a format approved by the commissioner 
167.2 	and shall include:
167.3 	(1) the name of the contractor;
167.4 	(2) the license number of the contractor's license issued by the commissioner;
167.5 	(3) the permit number;
167.6 	(4) the address of the job;
167.7 	(5) the date the permit was issued;
167.8 	(6) a brief description of the work; and
167.9 	(7) the amount of the inspection fee.
167.10 	(p) Not later than the 31st day of January of each year, the municipality shall submit 
167.11 	a summary report to the commissioner identifying the status of each high pressure piping 
167.12 	project for which the municipality issued a permit during the preceding year, and the 
167.13 	status of high pressure piping projects for which the municipality issued a permit during a 
167.14 	prior year where no final inspection had occurred by the first day of the preceding year. 
167.15 	This summary report shall include:
167.16 	(1) the permit number;
167.17 	(2) the date of any final inspection; and
167.18 	(3) identification of any violation of high pressure piping laws related to work 
167.19 	covered by the permit.
167.20 	(q) The municipality and the commissioner agree that if at any time during the 
167.21 	agreement the municipality does not have in effect the code for high pressure piping 
167.22 	systems or any of the ordinances described in paragraph (a), or if the commissioner 
167.23 	determines that the municipality is not properly administering and enforcing the code for 
167.24 	high pressure piping or is otherwise not complying with the agreement:
167.25 	(1) the commissioner may, effective 14 days after the municipality's receipt of 
167.26 	written notice, terminate the agreement and have the administration and enforcement of 
167.27 	the high pressure piping code in the involved municipality undertaken by the department; 
167.28 	(2) the municipality may challenge the termination in a contested case before the 
167.29 	commissioner pursuant to the Administrative Procedure Act; and
167.30 	(3) while any challenge under clause (2) is pending, the commissioner may exercise 
167.31 	oversight of the municipality to the extent needed to ensure that high pressure piping 
167.32 	inspections are performed and permits are issued in accordance with the high pressure 
167.33 	piping laws.
167.34 	(r) The municipality and the commissioner agree that the municipality may terminate 
167.35 	the agreement with or without cause on 90 days' written notice to the commissioner.
168.1 	(s) The municipality and the commissioner agree that no municipality shall 
168.2 	revoke, suspend, or place restrictions on any high pressure piping license issued by the 
168.3 	commissioner. If the municipality identifies during an inspection any violation that 
168.4 	may warrant revocation, suspension, or placement of restrictions on a high pressure 
168.5 	piping license issued by the commissioner, the municipality shall promptly notify the 
168.6 	commissioner of the violation and the commissioner shall determine whether revocation, 
168.7 	suspension, or placement of restrictions on any high pressure piping license issued by 
168.8 	the commissioner is appropriate.
168.9 		Subd. 5.Reporting of permits issued. Each municipality must submit to the 
168.10 	Department of Labor and Industry a copy of each permit issued within ten days after 
168.11 	issuance.
168.12 	All permits must be issued on forms prescribed by or approved by the Department of 
168.13 	Labor and Industry.
168.14 		Subd. 6.Filing and inspection fees. (a) The department of Labor and Industry must 
168.15 	charge a filing fee set by the commissioner under section 16A.1285 and an inspection fee
168.16 	for all applications for permits to construct or install high pressure piping systems. The 
168.17 	filing fee for inspection of high pressure piping system construction or installation shall 
168.18 	be set by the commissioner under section 16A.1285 $100. This subdivision does The 
168.19 	inspection fee shall be calculated as follows.
168.20 	(1) When an application for a permit is filed prior to the start of construction or 
168.21 	installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus 
168.22 	0.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of 
168.23 	construction or installation.
168.24 	(2) Except as provided in paragraph (b), when an application for permit is filed after 
168.25 	the start of construction or installation, the inspection fee shall be the greater of: $1,100; 
168.26 	or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011 
168.27 	of the amount over $3,000,000 of the cost of construction or installation.
168.28 	(b) The commissioner shall consider any extenuating circumstances that caused an 
168.29 	application for permit to be filed after the start of construction or installation. If warranted 
168.30 	by such extenuating circumstances, the commissioner may calculate the inspection fee as 
168.31 	if the application for permit had been filed prior to the start of construction or installation.
168.32 	(c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality 
168.33 	complying withaccording to an agreement under subdivision 2. 

168.34 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
168.35 	subdivision 6 is effective July 1, 2007.

169.1 	Sec. 7. Minnesota Statutes 2006, section 326.48, is amended to read:
169.2 	326.48 LICENSING AND REGISTRATION.
169.3 		Subdivision 1.License required; rules; time credit. No personindividual shall 
169.4 	engage in or work at the business of a contracting high pressure pipefitter unless issued 
169.5 	an individual contracting high pressure pipefitter license to do so by the department of 
169.6 	Labor and Industry. No license shall be required for repairs on existing installations. No 
169.7 	person individual shall engage in or work at the business of journeyman pipefitter unless 
169.8 	issued an individual journeyman high pressure pipefitter competency license to do so by 
169.9 	the department of Labor and Industry. A person possessing an individual contracting 
169.10 	high pressure pipefitter competency license may also work as a journeyman high pressure 
169.11 	pipefitter.
169.12 	No person, partnership, firm, or corporation shall construct or install high pressure 
169.13 	piping, nor install high pressure piping in connection with the dealing in and selling 
169.14 	of high pressure pipe material and supplies, unless, at all times, a person an individual
169.15 	possessing a contracting high pressure pipefitter individual competency license or a 
169.16 	journeyman high pressure pipefitter individual competency license is responsible for
169.17 	ensuring that the high pressure pipefitting work conducted by the person, partnership, firm, 
169.18 	or corporation being is in conformity with Minnesota Statutes and Minnesota Rules.
169.19 	The department of Labor and Industry shall prescribe rules, not inconsistent 
169.20 	herewith, for the examination and individual competency licensing of contracting high 
169.21 	pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits 
169.22 	by the department and municipalities for the installation of high pressure piping.
169.23 	An employee performing the duties of inspector for the department of Labor and 
169.24 	Industry in regulating pipefitting shall not receive time credit for the inspection duties 
169.25 	when making an application for a license required by this section.
169.26 		Subd. 2.High pressure pipefitting business license. Before obtaining a permit 
169.27 	for high pressure piping work, a person, partnership, firm, or corporation must obtain or 
169.28 	utilize a business with a high pressure piping business license.
169.29 	A person, partnership, firm, or corporation must have at all times as a full-time 
169.30 	employee at least one individual holding an individual contracting high pressure pipefitter 
169.31 	competency license. Only full-time employees who hold individual contracting high 
169.32 	pressure pipefitter licenses are authorized to obtain high pressure piping permits in the 
169.33 	name of the business. The individual contracting high pressure pipefitter competency 
169.34 	license holder can be the employee of only one high pressure piping business at a time.
169.35 	To retain its business license without reapplication, a person, partnership, firm, 
169.36 	or corporation holding a high pressure piping business license that ceases to employ a 
170.1 	person an individual holding an individual contracting high pressure pipefitter competency 
170.2 	license shall have 60 days from the last day of employment of its previous individual 
170.3 	contracting pipefitter competency license holder to employ another license holder. The 
170.4 	department of Labor and Industry must be notified no later than five days after the last day 
170.5 	of employment of the previous license holder.
170.6 	No high pressure pipefitting work may be performed during any period when the 
170.7 	high pressure pipefitting business does not have an individual contracting high pressure 
170.8 	pipefitter competency license holder on staff. If a license holder is not employed within 
170.9 	60 days after the last day of employment of the previous license holder, the pipefitting 
170.10 	business license shall lapse.
170.11 	The department of Labor and Industry shall prescribe by rule procedures for 
170.12 	application for and issuance of business licenses and fees.
170.13 		Subd. 2a.Registration requirement. All pipefitter apprentices must be registered 
170.14 	under subdivision 2b. No individual may be a registered pipefitter apprentice for more than 
170.15 	four years unless the individual has a pending application to be licensed as a journeyman 
170.16 	pipefitter. No high pressure piping business shall employ a pipefitter apprentice to help 
170.17 	and assist in the construction and installation of high pressure piping unless the pipefitter 
170.18 	apprentice is registered.
170.19 	A registered pipefitter apprentice is authorized to assist in the practical construction and 
170.20 	installation of high pressure piping and appurtenances only while under direct supervision 
170.21 	of a licensed individual contacting pipefitter. The licensed individual contracting pipefitter 
170.22 	is responsible for ensuring that all high pressure piping work performed by the registered 
170.23 	pipefitter apprentice complies with Minnesota Statutes and Minnesota Rules.
170.24 		Subd. 3.Bond. The As a condition of licensing, each applicant for a high pressure 
170.25 	piping business license or renewal shall give bond to the state in the total penal sum of 
170.26 	$15,000 conditioned upon the faithful and lawful performance of all work entered upon
170.27 	contracted for or performed within the state. The bond shall run to and be for the benefit of 
170.28 	persons injured or suffering financial loss by reason of failure of payment or performance. 
170.29 	Claims and actions on the bond may be brought according to sections  574.26 to  574.38. 
170.30 	The term of the bond must be concurrent with the term of the high pressure 
170.31 	pipefitting business license and run without interruption from the date of the issuance of 
170.32 	the license to the end of the calendar year. All high pressure pipefitting business licenses 
170.33 	must be annually renewed on a calendar year basis.
170.34 	The bond must be filed with the department of Labor and Industry and shall be 
170.35 	in lieu of any other business license bonds required by any political subdivision for 
171.1 	high pressure pipefitting. The bond must be written by a corporate surety licensed to 
171.2 	do business in the state.
171.3 		Subd. 4.Insurance. In addition to the bond described in subdivision 3, each 
171.4 	applicant for a high pressure pipefitting business license or renewal shall have in force 
171.5 	public liability insurance, including products liability insurance, with limits of at least 
171.6 	$100,000 per person and $300,000 per occurrence and property damage insurance with 
171.7 	limits of at least $50,000.
171.8 	The insurance must be kept in force for the entire term of the high pressure 
171.9 	pipefitting business license, and the license shall be suspended by the department if at any 
171.10 	time the insurance is not in force.
171.11 	The insurance must be written by an insurer licensed to do business in the state and 
171.12 	shall be in lieu of any other insurance required by any subdivision of government for 
171.13 	high pressure pipefitting. Each person, partnership, firm, or corporation holding a high 
171.14 	pressure pipefitting business license shall maintain on file with the department a certificate 
171.15 	evidencing the insurance. Any purported cancellation of insurance shall not be effective 
171.16 	without the insurer first giving 30 days' written notice to the department.
171.17 		Subd. 5.License fee. The state department of Labor and Industry may shall charge 
171.18 	each applicant for a high pressure pipefitting business license or for a renewal of a high 
171.19 	pressure pipefitting business license and an additional fee commensurate with the cost of 
171.20 	administering the bond and insurance requirements of subdivisions 3 and 4. the following 
171.21 	license fees:
171.22 	(a) application for journeyman high pressure piping pipefitter competency license, 
171.23 	$100;
171.24 	(b) renewal of journeyman high pressure piping pipefitter competency license, $60;
171.25 	(c) application for contracting high pressure piping pipefitter competency license, 
171.26 	$250;
171.27 	(d) renewal of contracting high pressure piping pipefitter competency license, $220;
171.28 	(e) application for high pressure piping business license, $350;
171.29 	(f) application to inactivate a contracting high pressure piping pipefitter competency 
171.30 	license or inactivate a journeyman high pressure piping pipefitter competency license, 
171.31 	$30; and
171.32 	(g) renewal of an inactive contracting high pressure piping pipefitter competency 
171.33 	license or inactive journeyman high pressure piping pipefitter competency license, $30.
171.34 	If an application for renewal of an active or inactive journeyman high pressure 
171.35 	piping pipefitter competency license or active or inactive contracting high pressure piping 
172.1 	competency license is received by the department after the date of expiration of the 
172.2 	license, a $30 late renewal fee shall be added to the license renewal fee.
172.3 	Payment must accompany the application for a license or renewal of a license. There 
172.4 	shall be no refund of fees paid.

172.5 	EFFECTIVE DATE. This section is effective December 1, 2007, except that 
172.6 	subdivisions 2a, 2b, and 5 are effective July 1, 2007.

172.7 	Sec. 8. Minnesota Statutes 2006, section 326.50, is amended to read:
172.8 	326.50 LICENSE APPLICATION; FEES AND RENEWAL.
172.9 	Application for an individual contracting high pressure pipefitter competency or an 
172.10 	individual journeyman high pressure pipefitter competency license shall be made to the 
172.11 	department of Labor and Industry, with fees. The applicant shall be licensed only after 
172.12 	passing an examination developed and administered by the department of Labor and 
172.13 	Industry. A competency license issued by the department shall expire on December 31 
172.14 	of each year. A renewal application must be received by the department within one year 
172.15 	after expiration of the competency license. A license that has been expired for more 
172.16 	than one year cannot be renewed, and can only be reissued if the applicant submits a 
172.17 	new application for the competency license, pays a new application fee, and retakes and 
172.18 	passes the applicable license examination.

172.19 	Sec. 9. [326.501] RECIPROCITY WITH OTHER STATES.
172.20 	The commissioner may issue a temporary license without examination, upon 
172.21 	payment of the required fee, nonresident applicants who are licensed under the laws of a 
172.22 	state having standards for licensing which the commissioner determines are substantially 
172.23 	equivalent to the standards of this state if the other state grants similar privileges to 
172.24 	Minnesota residents duly licensed in this state. Applicants who receive a temporary 
172.25 	license under this section may acquire a cumulative 24 months of experience before 
172.26 	they have to apply and pass the licensing examination. Applicants must register with the 
172.27 	commissioner of labor and industry and the commissioner shall set a fee for a temporary 
172.28 	license. Applicants have four years in which to comply with this section.

172.29 	Sec. 10. REVISOR'S INSTRUCTION.
 172.30 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
172.31 	column A with the number listed in column B. The revisor shall also make necessary 
172.32 	cross-reference changes consistent with the renumbering.

173.1	Column A
	Column B
	
173.2	326.46
	326B.90
	
173.3	326.461
	326B.91
	
173.4	326.47
	326B.92
	
173.5	326.48
	326B.93
	
173.6	326.50
	326B.94

173.7 	ARTICLE 11
173.8 	CONFORMING CHANGES

173.9 	Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
173.10 	31.175 WATER, PLUMBING, AND SEWAGE.
173.11 	A person who is required by statutes administered by the Department of Agriculture, 
173.12 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, or 
173.13 	plumbing or sewage disposal system, may not engage in the business of manufacturing, 
173.14 	processing, selling, handling, or storing food at wholesale or retail unless the person's 
173.15 	water supply is satisfactory under plumbing codes adopted by the Department of Health
173.16 	Labor and Industry and the person's sewage disposal system satisfies the rules of the 
173.17 	Pollution Control Agency.

173.18 	Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
173.19 		Subd. 3.Construction requirements. (a) Withdrawal and reinjection for the 
173.20 	groundwater thermal exchange device must be accomplished by a closed system in which 
173.21 	the waters drawn for thermal exchange do not have contact or commingle with water 
173.22 	from other sources or with polluting material or substances. The closed system must be 
173.23 	constructed to allow an opening for inspection by the commissioner.
173.24 	(b) Wells that are part of a groundwater thermal exchange system may not serve 
173.25 	another function, except water may be supplied to the domestic water system if:
173.26 	(1) the supply is taken from the thermal exchange system ahead of the heat exchange 
173.27 	unit; and
173.28 	(2) the domestic water system is protected by an airgap or backflow prevention 
173.29 	device as described in rules relating to plumbing enforced by the commissioner of labor 
173.30 	and industry.
173.31 	(c) A groundwater thermal exchange system may be used for domestic water heating 
173.32 	only if the water heating device is an integral part of the heat exchange unit that is used for 
173.33 	space heating and cooling.

174.1 	Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
174.2 	144.122 LICENSE, PERMIT, AND SURVEY FEES.
174.3 	(a) The state commissioner of health, by rule, may prescribe procedures and fees 
174.4 	for filing with the commissioner as prescribed by statute and for the issuance of original 
174.5 	and renewal permits, licenses, registrations, and certifications issued under authority of 
174.6 	the commissioner. The expiration dates of the various licenses, permits, registrations, 
174.7 	and certifications as prescribed by the rules shall be plainly marked thereon. Fees may 
174.8 	include application and examination fees and a penalty fee for renewal applications 
174.9 	submitted after the expiration date of the previously issued permit, license, registration, 
174.10 	and certification. The commissioner may also prescribe, by rule, reduced fees for permits, 
174.11 	licenses, registrations, and certifications when the application therefor is submitted 
174.12 	during the last three months of the permit, license, registration, or certification period. 
174.13 	Fees proposed to be prescribed in the rules shall be first approved by the Department of 
174.14 	Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be 
174.15 	in an amount so that the total fees collected by the commissioner will, where practical, 
174.16 	approximate the cost to the commissioner in administering the program. All fees collected 
174.17 	shall be deposited in the state treasury and credited to the state government special revenue 
174.18 	fund unless otherwise specifically appropriated by law for specific purposes.
174.19 	(b) The commissioner may charge a fee for voluntary certification of medical 
174.20 	laboratories and environmental laboratories, and for environmental and medical laboratory 
174.21 	services provided by the department, without complying with paragraph (a) or chapter 14. 
174.22 	Fees charged for environment and medical laboratory services provided by the department 
174.23 	must be approximately equal to the costs of providing the services.
174.24 	(c) The commissioner may develop a schedule of fees for diagnostic evaluations 
174.25 	conducted at clinics held by the services for children with disabilities program. All 
174.26 	receipts generated by the program are annually appropriated to the commissioner for use 
174.27 	in the maternal and child health program.
174.28 	(d) The commissioner shall set license fees for hospitals and nursing homes that are 
174.29 	not boarding care homes at the following levels:

174.30
174.31
174.32
174.33	Joint Commission on Accreditation of 
Healthcare Organizations (JCAHO) and 
American Osteopathic Association (AOA) 
hospitals
	$7,555 plus $13 per bed
	
174.34	Non-JCAHO and non-AOA hospitals
	$5,180 plus $247 per bed
	
174.35	Nursing home
	$183 plus $91 per bed
	
174.36 	The commissioner shall set license fees for outpatient surgical centers, boarding care 
174.37 	homes, and supervised living facilities at the following levels:

175.1	Outpatient surgical centers
	$3,349
	
175.2	Boarding care homes
	$183 plus $91 per bed
	
175.3	Supervised living facilities
	$183 plus $91 per bed.
	
175.4 	(e) Unless prohibited by federal law, the commissioner of health shall charge 
175.5 	applicants the following fees to cover the cost of any initial certification surveys required 
175.6 	to determine a provider's eligibility to participate in the Medicare or Medicaid program:

175.7	Prospective payment surveys for hospitals
	$900
	
175.8	Swing bed surveys for nursing homes
	$1,200
	
175.9	Psychiatric hospitals
	$1,400
	
175.10	Rural health facilities
	$1,100
	
175.11	Portable x-ray providers
	$500
	
175.12	Home health agencies
	$1,800
	
175.13	Outpatient therapy agencies
	$800
	
175.14	End stage renal dialysis providers
	$2,100
	
175.15	Independent therapists
	$800
	
175.16
175.17	Comprehensive rehabilitation outpatient 
facilities
	$1,200
	
175.18	Hospice providers
	$1,700
	
175.19	Ambulatory surgical providers
	$1,800
	
175.20	Hospitals
	$4,200
	
175.21
175.22
175.23
175.24	Other provider categories or additional 
resurveys required to complete initial 
certification
	Actual surveyor costs: 
average surveyor cost x 
number of hours for the 
survey process.
	
175.25 	These fees shall be submitted at the time of the application for federal certification 
175.26 	and shall not be refunded. All fees collected after the date that the imposition of fees is not 
175.27 	prohibited by federal law shall be deposited in the state treasury and credited to the state 
175.28 	government special revenue fund.
175.29 	(f) The commissioner shall charge the following fees for examinations, registrations, 
175.30 	licenses, and inspections:

175.31	Plumbing examination
		$ 50
	
175.32	Water conditioning examination
		$ 50
	
175.33	Plumbing bond registration fee
		$ 40
	
175.34	Water conditioning bond registration fee
		$ 40
	
175.35	Master plumber's license
		$120
	
175.36	Journeyman plumber's license
		$ 55
	
175.37	Apprentice registration
		$ 25
	
175.38	Water conditioning contractor license
		$ 70
	
175.39	Water conditioning installer license
		$ 35
	
175.40	Residential inspection fee (each visit)
		$ 50
	
175.41
175.42	Public, commercial, and industrial 
inspections
		Inspection fee
	
176.1	25 or fewer drainage fixture units
		$ 300
	
176.2	26 to 50 drainage fixture units
		$ 900
	
176.3	51 to 150 drainage fixture units
		$1,200
	
176.4	151 to 249 drainage fixture units
		$1,500
	
176.5	250 or more drainage fixture units
		$1,800
	
176.6	Callback fee (each visit)
		$100

176.7 	EFFECTIVE DATE. This section is effective July 1, 2007.

176.8 	Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
176.9 		Subdivision 1.Remedies available. The provisions of chapters 103I and 157 and 
176.10 	sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 
176.11 	(13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to 
176.12 	144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 
176.13 	326.37 to 326.45; 326.57 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and 
176.14 	all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 
176.15 	registrations, certificates, and permits adopted or issued by the department or under any 
176.16 	other law now in force or later enacted for the preservation of public health may, in 
176.17 	addition to provisions in other statutes, be enforced under this section. 

176.18 	Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
176.19 		Subdivision 1.Established. The Department of Labor and Industry shall consist 
176.20 	of the following divisions: Division of Workers' Compensation, Division of Boiler 
176.21 	Inspection Construction Codes and Licensing, Division of Occupational Safety and 
176.22 	Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor 
176.23 	Standards and Apprenticeship, and such other divisions as the commissioner of the 
176.24 	Department of Labor and Industry may deem necessary and establish. Each division of 
176.25 	the department and persons in charge thereof shall be subject to the supervision of the 
176.26 	commissioner of the Department of Labor and Industry and, in addition to such duties 
176.27 	as are or may be imposed on them by statute, shall perform such other duties as may be 
176.28 	assigned to them by the commissioner. Notwithstanding any other law to the contrary, 
176.29 	the commissioner is the administrator and supervisor of all of the department's dispute 
176.30 	resolution functions and personnel and may delegate authority to compensation judges 
176.31 	and others to make determinations under sections  176.106,  176.238, and  176.239 and to 
176.32 	approve settlement of claims under section  176.521. 

176.33 	Sec. 6. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
177.1 		Subdivision 1.Generally. (a) In addition to any other fees, each applicant for a 
177.2 	license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. 
177.3 	The contractor's recovery fund is created in the state treasury and must be administered 
177.4 	by the commissioner in the manner and subject to all the requirements and limitations 
177.5 	provided by section 82.43with the following exceptions:.
177.6 	(1) each licensee who renews a license shall pay in addition to the appropriate 
177.7 	renewal fee an additional fee which shall be credited to the contractor's recovery fund. The 
177.8 	amount of the fee shall be based on the licensee's gross annual receipts for the licensee's 
177.9 	most recent fiscal year preceding the renewal, on the following scale:

177.10		Fee
	Gross Receipts
	
177.11		$100
	under $1,000,000
	
177.12		$150
	$1,000,000 to $5,000,000
	
177.13		$200
	over $5,000,000
	
177.14 	Any person who receives a new license shall pay a fee based on the same scale;
177.15 	(2) (1) The purpose of this fund is:
177.16 	(i) to compensate any aggrieved owner or lessee of residential property located 
177.17 	within this state who obtains a final judgment in any court of competent jurisdiction 
177.18 	against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or 
177.19 	dishonest practices, conversion of funds, or failure of performance arising directly out 
177.20 	of any transaction when the judgment debtor was licensed and performed any of the 
177.21 	activities enumerated under section 326.83, subdivision 19, on the owner's residential 
177.22 	property or on residential property rented by the lessee, or on new residential construction 
177.23 	which was never occupied prior to purchase by the owner, or which was occupied by the 
177.24 	licensee for less than one year prior to purchase by the owner, and which cause of action 
177.25 	arose on or after April 1, 1994; and
177.26 	(ii) to reimburse the Department of Commerce for all legal and administrative 
177.27 	expenses, including staffing costs, incurred in administering the fund;
177.28 	(3) (2) nothing may obligate the fund for more than $50,000 per claimant, nor more 
177.29 	than $75,000 per licensee; and
177.30 	(4) (3) nothing may obligate the fund for claims based on a cause of action that 
177.31 	arose before the licensee paid the recovery fund fee set in clause (1), or as provided in 
177.32 	section 326.945, subdivision 3.
177.33 	(b) Should the commissioner pay from the contractor's recovery fund any amount 
177.34 	in settlement of a claim or toward satisfaction of a judgment against a licensee, the 
177.35 	license shall be automatically suspended upon the effective date of an order by the court 
177.36 	authorizing payment from the fund. No licensee shall be granted reinstatement until the 
178.1 	licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount 
178.2 	paid from the fund on the licensee's account, and has obtained a surety bond issued by an 
178.3 	insurer authorized to transact business in this state in the amount of at least $40,000.

178.4 	EFFECTIVE DATE. This section is effective July 1, 2007.

178.5 	Sec. 7. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
178.6 		Subdivision 1.Rules. No domestic animals or house pets of occupants of 
178.7 	manufactured home parks or recreational camping areas shall be allowed to run at large, 
178.8 	or commit any nuisances within the limits of a manufactured home park or recreational 
178.9 	camping area. Each manufactured home park or recreational camping area licensed under 
178.10 	the provisions of sections  327.10,  327.11,  327.14 to  327.28 shall, among other things, 
178.11 	provide for the following, in the manner hereinafter specified: 
178.12 	(1) A responsible attendant or caretaker shall be in charge of every manufactured 
178.13 	home park or recreational camping area at all times, who shall maintain the park or 
178.14 	area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 
178.15 	manufactured home park containing more than 50 lots, the attendant, caretaker, or other 
178.16 	responsible park employee, shall be readily available at all times in case of emergency.
178.17 	(2) All manufactured home parks shall be well drained and be located so that the 
178.18 	drainage of the park area will not endanger any water supply. No wastewater from 
178.19 	manufactured homes or recreational camping vehicles shall be deposited on the surface of 
178.20 	the ground. All sewage and other water carried wastes shall be discharged into a municipal 
178.21 	sewage system whenever available. When a municipal sewage system is not available, a 
178.22 	sewage disposal system acceptable to the state commissioner of health shall be provided.
178.23 	(3) No manufactured home shall be located closer than three feet to the side lot lines 
178.24 	of a manufactured home park, if the abutting property is improved property, or closer than 
178.25 	ten feet to a public street or alley. Each individual site shall abut or face on a driveway 
178.26 	or clear unoccupied space of not less than 16 feet in width, which space shall have 
178.27 	unobstructed access to a public highway or alley. There shall be an open space of at least 
178.28 	ten feet between the sides of adjacent manufactured homes including their attachments 
178.29 	and at least three feet between manufactured homes when parked end to end. The space 
178.30 	between manufactured homes may be used for the parking of motor vehicles and other 
178.31 	property, if the vehicle or other property is parked at least ten feet from the nearest 
178.32 	adjacent manufactured home position. The requirements of this paragraph shall not apply 
178.33 	to recreational camping areas and variances may be granted by the state commissioner 
178.34 	of health in manufactured home parks when the variance is applied for in writing and in 
179.1 	the opinion of the commissioner the variance will not endanger the health, safety, and 
179.2 	welfare of manufactured home park occupants.
179.3 	(4) An adequate supply of water of safe, sanitary quality shall be furnished at each 
179.4 	manufactured home park or recreational camping area. The source of the water supply 
179.5 	shall first be approved by the state Department of Health.
179.6 	(5) All plumbing shall be installed in accordance with the rules of the state 
179.7 	commissioner of healthlabor and industry and the provisions of the Minnesota Plumbing 
179.8 	Code.
179.9 	(6) In the case of a manufactured home park with less than ten manufactured homes, 
179.10 	a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 
179.11 	the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 
179.12 	The shelter or evacuation plan shall be developed with the assistance and approval of 
179.13 	the municipality where the park is located and shall be posted at conspicuous locations 
179.14 	throughout the park. The park owner shall provide each resident with a copy of the 
179.15 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
179.16 	Nothing in this paragraph requires the Department of Health to review or approve any 
179.17 	shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 
179.18 	submitted by a park shall not be grounds for action against the park by the Department of 
179.19 	Health if the park has made a good faith effort to develop the plan and obtain municipal 
179.20 	approval. 
179.21 	(7) A manufactured home park with ten or more manufactured homes, licensed prior 
179.22 	to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 
179.23 	evacuation of park residents to a safe place of shelter within a reasonable distance of the 
179.24 	park for use by park residents in times of severe weather, including tornadoes and high 
179.25 	winds. The shelter or evacuation plan must be approved by the municipality by March 1, 
179.26 	1989. The municipality may require the park owner to construct a shelter if it determines 
179.27 	that a safe place of shelter is not available within a reasonable distance from the park. A 
179.28 	copy of the municipal approval and the plan shall be submitted by the park owner to the 
179.29 	Department of Health. The park owner shall provide each resident with a copy of the 
179.30 	approved shelter or evacuation plan, as provided by section  327C.01, subdivision 1c. 
179.31 	(8) A manufactured home park with ten or more manufactured homes, receiving 
179.32 	a primary license after March 1, 1988, must provide the type of shelter required by 
179.33 	section  327.205, except that for manufactured home parks established as temporary, 
179.34 	emergency housing in a disaster area declared by the President of the United States or 
179.35 	the governor, an approved evacuation plan may be provided in lieu of a shelter for a 
179.36 	period not exceeding 18 months. 
180.1 	(9) For the purposes of this subdivision, "park owner" and "resident" have the 
180.2 	meaning given them in section  327C.01. 

180.3 	Sec. 8. Minnesota Statutes 2006, section 327.205, is amended to read:
180.4 	327.205 SHELTER CONSTRUCTION STANDARDS.
180.5 	The commissioner of administration labor and industry shall adopt, by rule, 
180.6 	minimum standards for the construction of low cost manufactured home park storm 
180.7 	shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be 
180.8 	constructed in accordance with these standards.

180.9 	Sec. 9. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
180.10 		Subd. 2.Building standards. "Building standards" means the materials and 
180.11 	installation standards of the State Building Code, adopted by the commissioner of 
180.12 	administrationlabor and industry pursuant to sections  16B.59 to  16B.75, in effect at 
180.13 	the time of the construction or remodeling. 

180.14 	Sec. 10. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
180.15 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
180.16 	(a) "Accessible unit" means an accessible rental housing unit that meets the 
180.17 	disability facility  persons with disabilities requirements of the State Building Code, 
180.18 	Minnesota Rules, chapter 1340.
180.19 	(b) "Landlord" has the meaning given it in section 504B.001, subdivision 7. 

180.20 	Sec. 11. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
180.21 		Subd. 6a.Normal residential surroundings for disabled persons with 
180.22 	disabilities. It is the policy of this state that disabled persons and children  with disabilities 
180.23 	should not be excluded by municipal zoning ordinances or other land use regulations from 
180.24 	the benefits of normal residential surroundings. For purposes of subdivisions 6a through 
180.25 	9, "person" has the meaning given in section 245A.02, subdivision 11. 

180.26 	Sec. 12. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
180.27 		Subd. 8.State Building Code. It may assist the commissioner of administration
180.28 	labor and industry in the development, implementation and revision of a uniform the
180.29 	State Building Code.

181.1 	Sec. 13. Minnesota Statutes 2006, section 471.465, is amended to read:
181.2 	471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS; 
181.3 	DEFINITIONS.
181.4 		Subdivision 1.Scope. For the purposes of sections 471.465 to 471.469, the terms 
181.5 	defined in this section have the meanings given them. 
181.6 		Subd. 2.Buildings and facilities. "Buildings and facilities" means any and all 
181.7 	buildings and facilities and the grounds appurtenant thereto within any city, township or 
181.8 	other governmental subdivision of the state other than all farm dwellings and buildings 
181.9 	and single and two family dwellings. However, on the date on which rules promulgated by 
181.10 	the commissioner of administrationlabor and industry regarding building requirements for 
181.11 	disabled persons with disabilities shall become effective, "buildings and facilities" shall 
181.12 	mean only those structures which must provide facilities for the disabled  persons with 
181.13 	disabilities pursuant to said rules.
181.14 		Subd. 3.Physically disabled Persons with disabilities. "Physically disabled
181.15 	Persons with disabilities" means and includes people having sight disabilities, hearing 
181.16 	disabilities, disabilities of incoordination, disabilities of aging, and any other disability 
181.17 	that significantly reduces mobility, flexibility, coordination, or perceptiveness.
181.18 		Subd. 4.Remodeling. "Remodeling" means deliberate reconstruction of an existing 
181.19 	building or facility in whole or in part in order to bring it up to date to conform with 
181.20 	present uses of the structure and to conform with rules and regulations on the upgrading 
181.21 	of health and safety aspects of structures.
181.22 		Subd. 5.Local authority. "Local authority" means the local authority having 
181.23 	jurisdiction over local building construction.

181.24 	Sec. 14. Minnesota Statutes 2006, section 471.466, is amended to read:
181.25 	471.466 ADMINISTRATION AND ENFORCEMENT.
181.26 	The duty and power to administer and enforce sections  471.465 to  471.469 is 
181.27 	conferred upon and vested in the commissioner of administration labor and industry and 
181.28 	the local authority. 

181.29 	Sec. 15. Minnesota Statutes 2006, section 471.467, is amended to read:
181.30 	471.467 BUILDING REQUIREMENTS; CONFORMITY.
181.31 		Subdivision 1.Date applicable. On the date on which rules promulgated by the 
181.32 	commissioner of administration labor and industry  regarding building requirements for 
182.1 	disabled persons with disabilities shall become effective, said rules shall exclusively 
182.2 	govern the provision of facilities.
182.3 		Subd. 2.No remodeling if solely for disabled persons with disabilities. Nothing 
182.4 	in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings 
182.5 	solely to provide accessibility and usability to the physically disabled  persons with 
182.6 	disabilities when remodeling would not otherwise be undertaken. 
182.7 		Subd. 3.Applies to remodeled part. When any building or facility covered 
182.8 	by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that 
182.9 	portion of the building or facility remodeled shall conform to the requirements of sections 
182.10 	471.465 to 471.469. 

182.11 	Sec. 16. Minnesota Statutes 2006, section 471.471, is amended to read:
182.12 	471.471 ACCESS REVIEW BOARD.
182.13 		Subdivision 1.Membership. The Access Review Board consists of:
182.14 	(1) a representative of the Building Code and Standards Division of the Department 
182.15 	of Administration Labor and Industry, appointed by the commissioner of administration
182.16 	labor and industry;
182.17 	(2) a representative of the state fire marshal's office, appointed by the commissioner 
182.18 	of public safety;
182.19 	(3) the commissioner of human rights or the commissioner's designee;
182.20 	(4) a representative of the elevator safety section, designated by the commissioner 
182.21 	of labor and industry or the commissioner's designee; and
182.22 	(5) the chair of the Council on Disability or the chair's designee.
182.23 	The board shall elect a chair from among its members. Terms of members coincide with 
182.24 	the terms of their appointing authorities or, in the case of ex officio members or their 
182.25 	designees, with the terms of the offices by virtue of which they are members of the board. 
182.26 	Compensation of members is governed by section  15.0575, subdivision 3. 
182.27 		Subd. 2.Staff; administrative support. The commissioner of administration labor 
182.28 	and industry shall furnish staff, office space, and administrative support to the board. Staff 
182.29 	assigned to the board must be knowledgeable with respect to access codes, site surveys, 
182.30 	plan design, and product use and eligibility.
182.31 		Subd. 3.Duties. The board shall consider applications for waivers from the 
182.32 	State Building Code to permit the installation of stairway chair lifts to provide limited 
182.33 	accessibility for the physically disabled persons with disabilities to buildings in which 
182.34 	the provision of access by means permitted under the State Building Code is not 
182.35 	architecturally or financially possible. In considering applications, the board shall review 
183.1 	other possible access options. The board may approve an application for installation of a 
183.2 	stairway chair when the board determines that the installation would be appropriate and 
183.3 	no other means of access is possible. In determining whether to approve an application, 
183.4 	the board shall consider:
183.5 	(1) the need for limited accessibility when a higher degree of accessibility is not 
183.6 	required by state or federal law or rule;
183.7 	(2) the architectural feasibility of providing a greater degree of accessibility than 
183.8 	would be provided by the proposed device or equipment;
183.9 	(3) the total cost of the proposed device or equipment over its projected usable life, 
183.10 	including installation, maintenance, and replacement costs;
183.11 	(4) the reliability of the proposed device or equipment;
183.12 	(5) the applicant's ability to comply with all recognized access and safety standards 
183.13 	for installation and maintenance; and
183.14 	(6) whether the proposed device or equipment can be operated and used without 
183.15 	reducing or compromising minimum safety standards.
183.16 	The board shall consider the applicant's demonstrated inability to afford a greater degree 
183.17 	of accessibility, but may not give greater weight to this factor than to the factors listed 
183.18 	in clauses (1) to (6). The board may not approve an application unless the applicant 
183.19 	guarantees that the device or equipment will be installed and operated in accordance with 
183.20 	nationally recognized standards for such devices or equipment and agrees to obtain any 
183.21 	permits needed from the agency responsible for enforcing those standards.
183.22 		Subd. 4.Application process. A person seeking a waiver shall apply to the 
183.23 	Building Code and Standards Division of the Department of Administration Labor and 
183.24 	Industry on a form prescribed by the board and pay a $70 fee to the construction code 
183.25 	fund. The division shall review the application to determine whether it appears to be 
183.26 	meritorious, using the standards set out in subdivision 3. The division shall forward 
183.27 	applications it considers meritorious to the board, along with a list and summary of 
183.28 	applications considered not to be meritorious. The board may require the division to 
183.29 	forward to it an application the division has considered not to be meritorious. The board 
183.30 	shall issue a decision on an application within 90 days of its receipt. A board decision 
183.31 	to approve an application must be unanimous. An application that contains false or 
183.32 	misleading information must be rejected.
183.33 		Subd. 5.Liability. Board members are immune from liability for personal injury or 
183.34 	death resulting from the use or misuse of a device or equipment installed and operated 
183.35 	under a waiver granted by the board.

184.1 	EFFECTIVE DATE. This section is effective July 1, 2007.

184.2 	ARTICLE 12
184.3 	APPRENTICESHIP COUNCIL

184.4 	Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
184.5 	178.01 PURPOSES.
184.6 	The purposes of this chapter are: to open to young people regardless of race, sex, 
184.7 	creed, color or national origin, the opportunity to obtain training that will equip them for 
184.8 	profitable employment and citizenship; to establish as a means to this end, a program 
184.9 	of voluntary apprenticeship under approved apprentice agreements providing facilities 
184.10 	for their training and guidance in the arts, skills, and crafts of industry and trade, with 
184.11 	concurrent, supplementary instruction in related subjects; to promote employment 
184.12 	opportunities under conditions providing adequate training and reasonable earnings; to 
184.13 	relate the supply of skilled workers to employment demands; to establish standards for 
184.14 	apprentice training; to establish an Apprenticeship Advisory Council and apprenticeship 
184.15 	committees to assist in effectuating the purposes of this chapter; to provide for a Division 
184.16 	of Labor Standards and Apprenticeship within the Department of Labor and Industry; to 
184.17 	provide for reports to the legislature regarding the status of apprentice training in the state; 
184.18 	to establish a procedure for the determination of apprentice agreement controversies; 
184.19 	and to accomplish related ends.

184.20 	Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
184.21 	178.02 APPRENTICESHIP ADVISORY COUNCIL.
184.22 		Subdivision 1.Members. The commissioner of labor and industry, hereinafter 
184.23 	called the commissioner, shall appoint an Apprenticeship Advisory Council, hereinafter 
184.24 	referred to as the council, composed of three representatives each from employer and 
184.25 	employee organizations, and two representatives of the general public. The director of 
184.26 	education responsible for career and technical education or designee shall be an ex officio 
184.27 	member of the council and shall serve in an advisory capacity only.
184.28 		Subd. 2.Terms. The council shall expire and the terms, compensation, and removal 
184.29 	of appointed members shall be as provided in section 15.059, except that the council shall 
184.30 	not expire before June 30, 2003. 
184.31 		Subd. 4.Duties. The council shall meet at the call of the commissioner. It shall 
184.32 	propose occupational classifications for apprenticeship programs; propose minimum 
184.33 	standards for apprenticeship programs and agreements; and advise on the establishment 
185.1 	of such policies, procedures, and rules as the commissionercouncil deems necessary in 
185.2 	implementing the intent of this chapter.

185.3 	Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
185.4 		Subd. 3.Duties and functions. The director, under the supervision of the 
185.5 	commissioner, and with the advice and oversight of the Apprenticeship Advisory Council, 
185.6 	is authorized: to administer the provisions of this chapter; to promote apprenticeship and 
185.7 	other forms of on the job training; to establish, in cooperation and consultation with the 
185.8 	Apprenticeship Advisory Council and with the apprenticeship committees, conditions and 
185.9 	training standards for the approval of apprenticeship programs and agreements, which 
185.10 	conditions and standards shall in no case be lower than those prescribed by this chapter; to 
185.11 	promote equal employment opportunity in apprenticeship and other on the job training 
185.12 	and to establish a Minnesota plan for equal employment opportunity in apprenticeship 
185.13 	which shall be consistent with standards established under Code of Federal Regulations, 
185.14 	title 29, part 30, as amended; to issue certificates of registration to sponsors of approved 
185.15 	apprenticeship programs; to act as secretary of the Apprenticeship Advisory Council; to 
185.16 	approve, if of the opinion that approval is for the best interest of the apprentice, any 
185.17 	apprenticeship agreement which meets the standards established hereunder; to terminate 
185.18 	any apprenticeship agreement in accordance with the provisions of such agreement; to 
185.19 	keep a record of apprenticeship agreements and their disposition; to issue certificates of 
185.20 	completion of apprenticeship; and to perform such other duties as the commissioner deems 
185.21 	necessary to carry out the intent of this chapter; provided, that the administration and 
185.22 	supervision of supplementary instruction in related subjects for apprentices; coordination 
185.23 	of instruction on a concurrent basis with job experiences, and the selection and training 
185.24 	of teachers and coordinators for such instruction shall be the function of state and local 
185.25 	boards responsible for vocational education. The director shall have the authority to make 
185.26 	wage determinations applicable to the graduated schedule of wages and journeyman 
185.27 	wage rate for apprenticeship agreements, giving consideration to the existing wage rates 
185.28 	prevailing throughout the state, except that no wage determination by the director shall 
185.29 	alter an existing wage provision for apprentices or journeymen that is contained in a 
185.30 	bargaining agreement in effect between an employer and an organization of employees, 
185.31 	nor shall the director make any determination for the beginning rate for an apprentice that 
185.32 	is below the wage minimum established by federal or state law.

185.33 	Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
186.1 		Subdivision 1.Rules. The commissioner may, upon receipt of the council's 
186.2 	proposals, accept, adopt, and issue them by rule with any modifications or amendments 
186.3 	the commissioner finds appropriate. The commissioner may refer them back to the council 
186.4 	with recommendations for further study, consideration and revision. If the commissioner 
186.5 	refuses to accept, adopt, and issue by rule or other appropriate action a council proposal, 
186.6 	the commissioner must provide a written explanation of the reason for the refusal to the 
186.7 	council within 30 days after the council submitted the proposal to the commissioner. 
186.8 	Additional rules may be issued as the commissioner may deem necessary.

186.9 	ARTICLE 13
186.10 	BOARD OF ELECTRICITY

186.11 	Section 1. Minnesota Statutes 2006, section 326.241, subdivision 2, is amended to read:
186.12 		Subd. 2.Powers. The board, or the complaint committee on behalf of the board 
186.13 	where authorized by law, shall have power to:
186.14 	(1) Elect its own officers.
186.15 	(2) Engage and fix the compensation of inspectors, and Hire employees. The 
186.16 	salary of the executive secretary shall be established pursuant to chapter 43A. All agents 
186.17 	and employees other than contract inspectors shall be in the classified service and shall 
186.18 	be compensated pursuant to chapter 43A. All inspectors shall hold licenses as master 
186.19 	or journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall 
186.20 	give bond in an amount fixed by the board, conditioned upon the faithful performance 
186.21 	of their duties. 
186.22 	(3) Pay such other expenses as it may deem necessary in the performance of its 
186.23 	duties, including rent, supplies, and such like.
186.24 	(4) Enforce the provisions of sections 326.241 to 326.248, and provide, upon 
186.25 	request, such additional voluntary inspections and reviews as it may deem appropriate. 
186.26 	(5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses, 
186.27 	censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive 
186.28 	relief and civil penalties in court as authorized by section 326.242 and other provisions 
186.29 	of Minnesota law. 
186.30 	(6) Adopt reasonable rules to carry out its duties under sections 326.241 to 326.248, 
186.31 	implement state modifications to the National Electrical Code, and to provide for the 
186.32 	amount and collection of fees for inspection and other services. All rules shall be adopted 
186.33 	in accordance with chapter 14. 

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

187.1 	Sec. 2. Minnesota Statutes 2006, section 326.243, is amended to read:
187.2 	326.243 SAFETY STANDARDS.
187.3 	All electrical wiring, apparatus and equipment for electric light, heat and power, 
187.4 	technology circuits or systems shall comply with the rules of the Board of Electricity, the 
187.5 	Department of Commerce, or the Department of Labor and Industry, as applicable, and 
187.6 	be installed in conformity with accepted standards of construction for safety to life and 
187.7 	property. For the purposes of this chapter, the rules and safety standards stated at the 
187.8 	time the work is done in the then most recently published current edition of the National 
187.9 	Electrical Code as adopted by the National Fire Protection Association, Inc. and approved 
187.10 	by the American National Standards Institute, and the National Electrical Safety Code 
187.11 	as published by the Institute of Electrical and Electronics Engineers, Inc. and approved 
187.12 	by the American National Standards Institute, shall be prima facie evidence of accepted 
187.13 	standards of construction for safety to life and property; provided further, that in the event 
187.14 	a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved 
187.15 	methods of electrical construction for safety to life and property, compliance with said 
187.16 	methods of electrical construction of said Minnesota Building Code shall also constitute 
187.17 	compliance with this section, and provided further, that nothing herein contained shall 
187.18 	prohibit any political subdivision from making and enforcing more stringent requirements 
187.19 	than set forth herein and such requirements shall be complied with by all licensed 
187.20 	electricians working within the jurisdiction of such political subdivisions. 

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

187.22 	ARTICLE 14
187.23 	PLUMBING BOARD; COUNCIL

187.24 	Section 1. Minnesota Statutes 2006, section 326.37, subdivision 1, is amended to read:
187.25 		Subdivision 1.Rules. The state commissioner of healthBoard of Plumbing may, 
187.26 	by rule, prescribe minimum standards which shall be uniform, and which standards shall 
187.27 	thereafter be effective for all new plumbing installations, including additions, extensions, 
187.28 	alterations, and replacements connected with any water or sewage disposal system owned 
187.29 	or operated by or for any municipality, institution, factory, office building, hotel, apartment 
187.30 	building, or any other place of business regardless of location or the population of the 
187.31 	city or town in which located. Notwithstanding the provisions of Minnesota Rules, part 
187.32 	4715.3130, as they apply to review of plans and specifications, the commissioner may 
187.33 	allow plumbing construction, alteration, or extension to proceed without approval of the 
187.34 	plans or specifications by the commissioner.
188.1 	Except for those powers granted to the state Board of Plumbing under sections 
188.2 	326.37 to 326.45, the commissioner of health shall administer the provisions of sections 
188.3 	326.37 to 326.45 and for such purposes may employ plumbing inspectors and other 
188.4 	assistants. 

188.5 	Sec. 2. [326.372] PLUMBING COUNCIL.
188.6 		Subdivision 1.Composition. (a) The Plumbing Council shall consist of 11 voting 
188.7 	members who must be residents of the state, appointed by the governor, and confirmed by 
188.8 	the senate. The commissioner of labor and industry or the commissioner's designee shall 
188.9 	be a nonvoting member. The first appointed council members shall serve an initial term 
188.10 	of four years, except where designated otherwise. The governor shall then reappoint the 
188.11 	current members or appoint replacement members, all or in part, to subsequent three-year 
188.12 	terms. Midterm vacancies shall be filled for the remaining portion of the term. Vacancies 
188.13 	occurring with less than six months time remaining in the term shall be filled for the 
188.14 	existing term and the following three-year term. Of the 11 appointed members, the 
188.15 	composition shall be as follows:
188.16 	(1) two members shall be municipal plumbing inspectors;
188.17 	(2) one member shall be a licensed mechanical engineer;
188.18 	(3) two members serving an initial term of three years shall be plumbing contractors 
188.19 	or the representative of the contractor, engaged in a commercial scope of plumbing 
188.20 	contracting, one from the metro area and one from greater Minnesota;
188.21 	(4) two members serving an initial term of three years shall be plumbing contractors 
188.22 	or their representatives, engaged in the residential scope of plumbing contracting, one 
188.23 	from the metro area and one from greater Minnesota; 
188.24 	(5) two members serving an initial term of two years shall be plumbing 
188.25 	journeypersons engaged in a commercial scope of plumbing systems installation, one 
188.26 	from the metro area and one from greater Minnesota; and
188.27 	(6) two members serving an initial term of two years shall be plumbing 
188.28 	journeypersons engaged in a residential scope of plumbing systems installation, one from 
188.29 	the metro area and one from greater Minnesota.
188.30 	(b) Except for the licensed mechanical engineer, all persons appointed to the 
188.31 	council must possess a current Minnesota plumbing license and maintain the license for 
188.32 	the duration of their term.
188.33 		Subd. 2.Powers. (a) The council shall have the power to:
188.34 	(1) elect its own officers;
188.35 	(2) specify the plumbing code that must be followed in this state;
189.1 	(3) maintain a review process to make determinations regarding any complaints, 
189.2 	code amendments, code compliance, and code clarifications filed with the council;
189.3 	(4) adopt rules necessary for the regulation and licensing of contractors, 
189.4 	journeypersons, apprentices, and other persons engaged in the design, installation, 
189.5 	alteration, and inspection of plumbing systems that would include the issuing, renewing, 
189.6 	revoking, refusing to renew, and suspending a plumbing license;
189.7 	(5) adopt rules necessary for continuing education for individuals regulated and 
189.8 	licensed under this section; and
189.9 	(6) pay expenses deemed necessary in the performance of council duties, including 
189.10 	rent, utilities, and supplies in the manner and amount specified in section 43A.18, 
189.11 	subdivision 2.
189.12 	(b) Requests under the review process in paragraph (a), clause (3), may originate 
189.13 	with the municipal inspectors, the plumbing contractors or their employees, and other 
189.14 	persons engaged in the design, installation, and alteration of plumbing systems. The 
189.15 	council shall make their findings known to all parties and the commissioner of labor and 
189.16 	industry within the time period specified by the council.
189.17 		Subd. 3.Fees and finances. The council shall submit an annual budget to the 
189.18 	commissioner of labor and industry. The commissioner shall collect fees necessary for 
189.19 	the operation and continuance of the council. The commissioner is responsible for the 
189.20 	enforcement of the codes and licensing requirements determined by the council. The 
189.21 	council shall set the fees for licenses and certification under this section. Fees collected 
189.22 	under sections 326.42 and 326.47 shall be transferred to the council quarterly to meet the 
189.23 	ongoing operation needs of the council.

189.24 	Sec. 3. Minnesota Statutes 2006, section 326.38, is amended to read:
189.25 	326.38 LOCAL REGULATIONS.
189.26 	Any city having a system of waterworks or sewerage, or any town in which reside 
189.27 	over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 
189.28 	airports commission, may, by ordinance, adopt local regulations providing for plumbing 
189.29 	permits, bonds, approval of plans, and inspections of plumbing, which regulations are 
189.30 	not in conflict with the plumbing standards on the same subject prescribed by the state 
189.31 	commissioner of health Board of Plumbing. No city or such town shall prohibit plumbers 
189.32 	licensed by the state commissioner of health from engaging in or working at the business, 
189.33 	except cities and statutory cities which, prior to April 21, 1933, by ordinance required 
189.34 	the licensing of plumbers. Any city by ordinance may prescribe regulations, reasonable 
189.35 	standards, and inspections and grant permits to any person, firm, or corporation engaged 
190.1 	in the business of installing water softeners, who is not licensed as a master plumber or 
190.2 	journeyman plumber by the state commissioner of health, to connect water softening and 
190.3 	water filtering equipment to private residence water distribution systems, where provision 
190.4 	has been previously made therefor and openings left for that purpose or by use of cold 
190.5 	water connections to a domestic water heater; where it is not necessary to rearrange, make 
190.6 	any extension or alteration of, or addition to any pipe, fixture or plumbing connected with 
190.7 	the water system except to connect the water softener, and provided the connections so 
190.8 	made comply with minimum standards prescribed by the state commissioner of health
190.9 	Board of Plumbing.

190.10 	Sec. 4. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
190.11 		Subdivision 1.License required; master and journeyman plumbers. In any city 
190.12 	now or hereafter having 5,000 or more population, according to the last federal census, and 
190.13 	having a system of waterworks or sewerage, no person, firm, or corporation shall engage 
190.14 	in or work at the business of a master plumber or journeyman plumber unless licensed 
190.15 	to do so by the state commissioner of health. A master plumber may also work as a 
190.16 	journeyman plumber. Anyone not so licensed may do plumbing work which complies with 
190.17 	the provisions of the minimum standard prescribed by the state commissioner of health
190.18 	Board of Plumbing on premises or that part of premises owned and actually occupied by 
190.19 	the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
190.20 	In any such city no person, firm, or corporation shall engage in the business of 
190.21 	installing plumbing nor install plumbing in connection with the dealing in and selling of 
190.22 	plumbing material and supplies unless at all times a licensed master plumber, who shall 
190.23 	be responsible for proper installation, is in charge of the plumbing work of the person, 
190.24 	firm, or corporation.
190.25 	The Department of Healthstate Board of Plumbing shall prescribe rules, not 
190.26 	inconsistent herewith, for the examination and licensing of plumbers.

190.27 	Sec. 5. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
190.28 		Subdivision 1.License required; master and journeyman plumbers. In any city 
190.29 	now or hereafter having 5,000 or more population, according to the last federal census, 
190.30 	and having a system of waterworks or sewerage,(a) No person, firm, or corporation shall 
190.31 	engage in or work at the business of a master plumber or, restricted master plumber,
190.32 	journeyman plumber, and restricted journeyman plumber  unless licensed to do so by the 
190.33 	state commissioner of healthlabor and industry. A master plumber may also work as a 
190.34 	journeyman plumber, a restricted journeyman plumber, and a restricted master plumber. 
191.1 	A journeyman plumber may also work as a restricted journeyman plumber. Anyone not 
191.2 	so licensed may do plumbing work which complies with the provisions of the minimum 
191.3 	standard prescribed by the state commissioner of healthlabor and industry on premises or 
191.4 	that part of premises owned and actually occupied by the worker as a residence, unless 
191.5 	otherwise forbidden to do so by a local ordinance.
191.6 	In any such city(b) No person, firm, or corporation shall engage in the business of 
191.7 	installing plumbing nor install plumbing in connection with the dealing in and selling 
191.8 	of plumbing material and supplies unless at all times a licensed master plumber, or in 
191.9 	cities and towns with a population of fewer than 5,000 according to the federal census a 
191.10 	restricted master plumber, who shall be responsible for proper installation, is in charge 
191.11 	of the plumbing work of the person, firm, or corporation.
191.12 	The Department of Healthstate Board of Plumbing shall prescribe rules, not 
191.13 	inconsistent herewith, for the examination and licensing of plumbers.

191.14 	Sec. 6. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
191.15 		Subd. 2.Journeyman exam. A plumber's apprentice who has completed four years 
191.16 	of practical plumbing experience is eligible to take the journeyman plumbing examination. 
191.17 	Up to 24 months of practical plumbing experience prior to registration as an apprentice 
191.18 	may be applied to the four-year experience requirement. However, none of this practical 
191.19 	plumbing experience may be applied if the person did not have any practical plumbing 
191.20 	experience in the 12-month period immediately prior to registration. The commissioner
191.21 	state Board of Plumbing may adopt rules to evaluate whether the person's past practical 
191.22 	plumbing experience is applicable in preparing for the journeyman's examination. If 
191.23 	two years after completing the training the person has not taken the examination, the 
191.24 	four years of experience shall be forfeited.
191.25 	The commissioner may allow an extension of the two-year period for taking the 
191.26 	exam for cases of hardship or other appropriate circumstances.

191.27 	Sec. 7. [326.402] RESTRICTED PLUMBER LICENSE.
191.28 		Subdivision 1.Licensure. (a) The commissioner of labor and industry shall grant a 
191.29 	restricted journeyman plumber license to any person who applies to the commissioner and 
191.30 	provides evidence of having at least two years of practical plumbing experience in the 
191.31 	plumbing trade preceding application for licensure.
191.32 	(b) The commissioner shall grant a restricted master plumbing license to any person 
191.33 	who applies to the commissioner and provides evidence of having at least four years of 
191.34 	practical plumbing experience in the plumbing trade prior to application for licensure.
192.1 		Subd. 2.Use of license. A restricted master plumber and restricted journeyman 
192.2 	plumber may engage in the plumbing trade only in cities and towns with a population of 
192.3 	fewer than 5,000 according to the federal census.
192.4 		Subd. 3.Application period.  Applications for restricted master plumber and 
192.5 	restricted journeyman plumber licenses must be submitted to the commissioner prior 
192.6 	to January 1, 2008.
192.7 		Subd. 4.Renewal; use period for license. A restricted master plumber and 
192.8 	restricted journeyman plumber license must be renewed annually for as long as that 
192.9 	licensee engages in the plumbing trade. Failure to renew a restricted master plumber and 
192.10 	restricted journeyman plumber license within 12 months after the expiration date will 
192.11 	result in permanent forfeiture of the restricted master plumber and restricted journeyman 
192.12 	plumber license.
192.13 		Subd. 5.Prohibition of transference. A restricted master plumber and restricted 
192.14 	journeyman plumber license may not be transferred or sold to any other person.
192.15 		Subd. 6.Bond; insurance. A restricted master plumber licensee is subject to the 
192.16 	bond and insurance requirements of section 326.40, subdivision 2.
192.17 		Subd. 7.Fee. The commissioner shall determine the annual fee for the restricted 
192.18 	master plumber and restricted journeyman plumber licenses.

192.19 	Sec. 8. Minnesota Statutes 2006, section 326.405, is amended to read:
192.20 	326.405 RECIPROCITY WITH OTHER STATES.
192.21 	The commissioner of healthlabor and industry may license without examination, 
192.22 	upon payment of the required fee, nonresident applicants who are licensed under the 
192.23 	laws of a state having standards for licensing plumbers which the commissionerstate 
192.24 	Plumbing Council determines are substantially equivalent to the standards of this state if 
192.25 	the other state grants similar privileges to Minnesota residents duly licensed in this state.
192.26 	Applicants who receive a temporary license under this section may acquire a cumulative 
192.27 	24 months of experience before they have to apply and pass the plumbing licensing 
192.28 	examination. Applicants must register with the commissioner of labor and industry and 
192.29 	the commissioner shall set a fee for a temporary license. Applicants have four years in 
192.30 	which to comply with this section.

192.31 	Sec. 9. Minnesota Statutes 2006, section 326.41, is amended to read:
192.32 	326.41 ADVISORY COUNCIL STATE BOARD OF PLUMBING.
192.33 		Subdivision 1.Membership. The state commissioner of healthgovernor, with the 
192.34 	advice and consent of the senate, shall appoint nine11 persons to the Advisory Council on 
193.1 	Plumbing Code and Examinations state Board of Plumbing, two of whom shall be master 
193.2 	plumbers residential plumbing contractors, one who represents greater Minnesota and one 
193.3 	who represents the metropolitan area, and; two commercial plumbing contractors, one who 
193.4 	represents greater Minnesota and one who represents the metropolitan area; two residential 
193.5 	journeyman plumbers, one who represents greater Minnesota and one who represents the 
193.6 	metropolitan area;  two commercial journeyman plumbers, one who represents greater 
193.7 	Minnesota and one who represents the metropolitan area; two plumbing inspectors, one 
193.8 	who represents greater Minnesota, and one who represents the metropolitan area; and one 
193.9 	mechanical engineer. The council shall expire and the terms, compensation and removal of 
193.10 	members of the council shall be as provided in section 15.059. The commissioner of labor 
193.11 	and industry shall serve ex-officio as the nonvoting chair of the board. All voting members 
193.12 	of the board except the mechanical engineer must maintain a current plumbing license.
193.13 		Subd. 2.Membership; compensation; removal; vacancies. Except to the 
193.14 	extent inconsistent with this section, section 214.09 shall govern board membership, 
193.15 	compensation, renewal, and vacancies of board members and positions.
193.16 		Subd. 3.Powers. The board has exclusive authority to adopt rules related to 
193.17 	plumbing installations and the criteria to license contractors and master, journeyman, 
193.18 	and apprentice plumbers.
193.19 		Subd. 4.Reorganization prohibited. Section 16B.37 does not apply to powers 
193.20 	and duties of the state Board of Plumbing.

193.21 	Sec. 10. TRANSFER OF AUTHORITY.
 193.22 	The authority of the commissioner of health to adopt rules and to set licensing 
193.23 	criteria for contractors and master, journeyman, and apprentice plumbers is transferred 
193.24 	to the state Board of Plumbing effective October 1, 2007. The governor must appoint 
193.25 	members to the state Board of Plumbing no later than October 1, 2007. Licenses currently 
193.26 	in effect remain in effect according to their terms. Rules adopted under authority granted 
193.27 	to the commissioner of health remain in effect until amended or repealed by the state 
193.28 	Board of Plumbing.

193.29 	Sec. 11. APPROPRIATION.
 193.30 	$....... is appropriated from the general fund to the state Board of Plumbing for the 
193.31 	biennium ending June 30, 2009, for the purposes of Minnesota Statutes, sections 326.37 
193.32 	to 326.45.

193.33 	Sec. 12.  REPEALER.
 194.1 	Minnesota Statutes 2006, section 326.45, is repealed.

194.2 	ARTICLE 15
194.3 	BOARD OF CONSTRUCTION CODES

194.4 	Section 1. Minnesota Statutes 2006, section 16B.76, is amended to read:
194.5 	16B.76 BOARD OF CONSTRUCTION CODES ADVISORY COUNCIL.
194.6 		Subdivision 1.Membership. (a) The Board of Construction Codes Advisory 
194.7 	Council consists of the following members:
194.8 	(1) the commissioner of administration or the commissioner's designee representing 
194.9 	the department's Building Codes and Standards Division;
194.10 	(2) the commissioner of health or the commissioner's designee representing an 
194.11 	Environmental Health Section of the department;
194.12 	(3) the commissioner of public safety or the commissioner's designee representing 
194.13 	the department's State Fire Marshal Division;
194.14 	(4) the commissioner of commerce or the commissioner's designee representing 
194.15 	the department's State Energy Office; and
194.16 	(5) one member representing each of the following occupations or entities, appointed 
194.17 	by the commissioner of administration the Department of Labor and Industry:
194.18 	(i) a certified building official;
194.19 	(ii) a fire service representative;
194.20 	(iii) a licensed architect;
194.21 	(iv) a licensed engineer;
194.22 	(v) a building owners and managers representative;
194.23 	(vi) (v) a licensed residential building contractor;
194.24 	(vii) (vi) a commercial building contractor;
194.25 	(viii) (vii) a heating and ventilation contractor;
194.26 	(ix) (viii) a plumbing contractor; and
194.27 	(ix) an electrical contractor.
194.28 	(x) a representative of a construction and building trades union; and
194.29 	(xi) a local unit of government representative.
194.30 	(b) For members who are not state officials or employees, terms, compensation, 
194.31 	removal, and the filling of vacancies are governed by section 15.059. The chairperson of 
194.32 	the Board of Construction Codes will be the commissioner of the Department of Labor 
194.33 	and Industry or the commissioner's designee as a nonvoting member. The council board
194.34 	shall select one of its members to serve as chair. 
194.35 	(c) The council board expires June 30, 2003.
195.1 		Subd. 2.Duties of council board. The council board shall review laws, codes, 
195.2 	rules, standards, and licensing requirements relating to building construction and may:
195.3 	(1) recommend ways to eliminate inconsistencies, to streamline construction 
195.4 	regulation and construction processes, and to improve procedures within and among 
195.5 	jurisdictions;
195.6 	(2) review and comment on current and proposed laws and rules to promote 
195.7 	coordination and consistency;
195.8 	(3) advise agencies on possible changes in rules to make them easier to understand 
195.9 	and apply; and
195.10 	(4) promote the coordination, within each jurisdiction, of the administration and 
195.11 	enforcement of construction codes.
195.12 	The council board shall report its findings and recommendations to the commissioner 
195.13 	of administration and the head of any other affected agency by the end of each calendar 
195.14 	year. The council board may recommend changes in laws or rules governing building 
195.15 	construction. The council board may establish subcommittees to facilitate its work. 
195.16 	If the council board establishes subcommittees, it shall include in their memberships 
195.17 	representation from entities and organizations expressing an interest in membership. 
195.18 	The commissioner of administration shall maintain a list of interested entities and 
195.19 	organizations.
195.20 		Subd. 3.Agency cooperation. State agencies and local governmental units shall 
195.21 	cooperate with the council board and, so far as possible, provide information or assistance 
195.22 	to it upon its request. The commissioner of administration shall provide necessary staff 
195.23 	and administrative support to the council board.

195.24 	Sec. 2. Minnesota Statutes 2006, section 16B.76, subdivision 2, is amended to read:
195.25 		Subd. 2.Duties of council. (a) The councilboard shall review laws, codes, rules, 
195.26 	standards, and licensing requirements relating to building construction and may:
195.27 	(1) recommend ways to eliminate inconsistencies, to streamline construction 
195.28 	regulation and construction processes, and to improve procedures within and among 
195.29 	jurisdictions;
195.30 	(2) review and comment on current and proposed laws and rules to promote 
195.31 	coordination and consistency;
195.32 	(3) advise agencies on possible changes in rules to make them easier to understand 
195.33 	and apply; and
195.34 	(4) promote the coordination, within each jurisdiction, of the administration and 
195.35 	enforcement of construction codes.
196.1 	The council shall report its findings and recommendations to the commissioner of 
196.2 	administration and the head of any other affected agency by the end of each calendar year. 
196.3 	The council may recommend changes in laws or rules governing building construction. 
196.4 	The council may establish subcommittees to facilitate its work. If the council establishes 
196.5 	subcommittees, it shall include in their memberships representation from entities and 
196.6 	organizations expressing an interest in membership. The commissioner of administration 
196.7 	shall maintain a list of interested entities and organizations.
196.8 	(1) recommend ways to eliminate inconsistencies and improve construction 
196.9 	regulation and procedures within and among jurisdictions;
196.10 	(2) review current and proposed laws and rules from the established trade councils 
196.11 	and boards to promote coordination and consistency;
196.12 	(3) advise state agencies on possible changes in rules to make them easier to 
196.13 	understand and apply; and
196.14 	(4) promote the coordination of the administration and enforcement of construction 
196.15 	codes within each jurisdiction.
196.16 	(b) The board shall meet a minimum of four times each year. The board  shall report 
196.17 	its findings and recommendations to the commissioner of administration. The board 
196.18 	shall forward all approved changes in laws or rules governing building construction to 
196.19 	the commissioner of administration for final action. All rule additions, amendments, or 
196.20 	deletions shall be approved by the specific trade council or board first, and then forwarded 
196.21 	to the Board of Construction Codes for approval, before the commissioner issues final 
196.22 	approval. The board shall use the following established trade councils or boards for 
196.23 	technical expertise:
196.24 	(1) the Plumbing Council;
196.25 	(2) the Electrical Board;
196.26 	(3) the Mechanical Council;
196.27 	(4) the High Pressure Piping Board; and
196.28 	(5) the Fire Protection Council.

196.29 	ARTICLE 16
196.30 	FIRE PROTECTION COUNCIL; ADVISORY COUNCIL

196.31 	Section 1. Minnesota Statutes 2006, section 299M.02, is amended to read:
196.32 	299M.02 FIRE PROTECTION ADVISORY COUNCIL BOARD.
196.33 		Subdivision 1.Creation. The commissioner shall establish a Fire Protection 
196.34 	Advisory Council Board.
197.1 		Subd. 2.Membership. The council board consists of the commissioner of public 
197.2 	safety, or the commissioner's designee, and eight nine members appointed for a term 
197.3 	of three years by the commissioner. Two members must be licensed fire protection 
197.4 	contractors or full-time, managing employees actively engaged in a licensed fire protection 
197.5 	contractor business. Two members must be journeyman sprinkler fitters certified as 
197.6 	competent under this chapter. One member of the council board must be an active member 
197.7 	of the Minnesota State Fire Chiefs Association. One member must be an active member 
197.8 	of the Fire Marshals Association of Minnesota. One member must be a building official 
197.9 	certified by the Department of Administration, who is professionally competent in fire 
197.10 	protection system inspection. One member must be a member of the general public. One 
197.11 	member must be a state fire protection system inspector. The commissioner or designee 
197.12 	is a nonvoting member.
197.13 		Subd. 3.Duties. The council board shall advise the commissioner of public 
197.14 	safety on matters within the council's board's expertise or under the regulation of the 
197.15 	commissioner. The board may adopt rules regarding fire protection code issues.

197.16 	Sec. 2. Minnesota Statutes 2006, section 299M.04, is amended to read:
197.17 	299M.04 RULES, FEES, ORDERS, PENALTIES.
197.18 	The commissioner shall adopt permanent rules for operation of the council
197.19 	board; regulation by municipalities; qualifications, examination, and licensing of fire 
197.20 	protection contractors; licensing of multipurpose potable water piping system contractors; 
197.21 	certification of multipurpose potable water piping system installers; certification of 
197.22 	journeyman sprinkler fitters; registration of apprentices; and the administration and 
197.23 	enforcement of this chapter. Permit fees must be a percentage of the total cost of the 
197.24 	fire protection work.
197.25 	The commissioner may issue a cease and desist order to cease an activity considered 
197.26 	an immediate risk to public health or public safety. The commissioner shall adopt 
197.27 	permanent rules governing when an order may be issued; how long the order is effective; 
197.28 	notice requirements; and other procedures and requirements necessary to implement, 
197.29 	administer, and enforce the provisions of this chapter.
197.30 	The commissioner, in place of or in addition to licensing sanctions allowed under 
197.31 	this chapter, may impose a civil penalty not greater than $1,000 for each violation of this 
197.32 	chapter or rule adopted under this chapter, for each day of violation. The commissioner 
197.33 	shall adopt permanent rules governing and establishing procedures for implementation, 
197.34 	administration, and enforcement of this paragraph.

198.1 	Sec. 3. [326.995] FIRE PROTECTION COUNCIL.
198.2 		Subdivision 1.Composition.  (a) The Fire Protection Council shall consist of 11 
198.3 	voting members who must be residents of the state, appointed by the governor, and 
198.4 	confirmed by the senate. The commissioner of labor and industry or the commissioner's 
198.5 	designee shall be a nonvoting member. The first appointed board members shall serve 
198.6 	an initial term of four years, except where designated otherwise. The governor shall 
198.7 	then reappoint the current members or appoint replacement members, all or in part, to 
198.8 	subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion 
198.9 	of the term. Vacancies occurring with less than six months time remaining in the term 
198.10 	shall be filled for the existing term and the following three-year term. Of the 11 appointed 
198.11 	members, the composition shall be as follows:
198.12 	(1) two members shall be municipal fire protection inspectors;
198.13 	(2) one member shall be a licensed mechanical engineer;
198.14 	(3) two members, one from the metro area and one from greater Minnesota, serving 
198.15 	an initial term of three years shall be fire protection contractors or their representatives 
198.16 	engaged in a commercial scope of fire protection contracting;
198.17 	(4) two members, one from the metro area and one from greater Minnesota, serving 
198.18 	an initial term of three years shall be fire protection contractors engaged in the residential 
198.19 	scope of fire protection contracting;
198.20 	(5) two members, one from the metro area and one from greater Minnesota, 
198.21 	serving an initial term of two years shall be fire protection journeypersons engaged in a 
198.22 	commercial scope of fire protection systems installation; and
198.23 	(6) two members, one active member of the Minnesota State Fire Chiefs Association 
198.24 	and one active member from the Fire Marshals Association of Minnesota, serving an 
198.25 	initial term of two years.
198.26 	(b) Except for the licensed mechanical engineer, all persons appointed to the council 
198.27 	must possess a current Minnesota fire protection license and maintain the license for 
198.28 	the duration of their term.
198.29 		Subd. 2.Powers.  (a) The council shall have the power to:
198.30 	(1) elect its own officers;
198.31 	(2) specify the fire protection code that must be followed in this state;
198.32 	(3) coordinate any changes to the fire protection code with the commissioner of 
198.33 	labor and industry;
198.34 	(4) adopt rules necessary for the regulation and licensing of contractors, 
198.35 	journeypersons, apprentices, and other persons engaged in the design, installation, 
199.1 	alteration, and inspection of fire protection systems that would include the issuing, 
199.2 	renewing, revoking, refusing to renew, and suspending of the fire protection license;
199.3 	(5) adopt rules necessary for continuing education for individuals regulated and 
199.4 	licensed under this section;
199.5 	(6) maintain a review process to make determinations regarding complaints, code 
199.6 	amendments, code compliance, and code clarifications with the council; and
199.7 	(7) pay expenses deemed necessary in the performance of council duties, including 
199.8 	rent, utilities, and supplies in the manner and amount specified in section 43A.18, 
199.9 	subdivision 2.
199.10 	(b) Complaints filed under this section may originate with municipal inspectors, 
199.11 	fire protection contractors or their employees, or other persons engaged in the design, 
199.12 	installation, and alteration of fire protection systems. The council shall make their findings 
199.13 	known to all parties and the commissioner of public safety within the time period specified 
199.14 	by the council.
199.15 		Subd. 3.Fees and finances.  The council shall submit an annual budget to the 
199.16 	commissioner of labor and industry. The commissioner of labor and industry shall collect 
199.17 	fees necessary for the operation and continuance of the council. The commissioner 
199.18 	of labor and industry is responsible for the enforcement of the codes and licensing 
199.19 	requirements determined by the council. The council shall set the fees for licenses and 
199.20 	certification under this section and submit the fee structure to the commissioner of labor 
199.21 	and industry. A portion of the funds collected by the commissioner of labor and industry 
199.22 	under this section shall be transferred to the council quarterly to meet the ongoing 
199.23 	budgetary needs of the council.

199.24 	Sec. 4.  REPEALER.
 199.25 	Minnesota Statutes 2006, section 299M.02, is repealed.

199.26 	ARTICLE 17
199.27 	HIGH PRESSURE PIPING BOARD

199.28 	Section 1. [326.462] HIGH PRESSURE PIPING BOARD.
199.29 	The commissioner of labor and industry shall appoint nine persons to the 
199.30 	High-Pressure Piping Code and Examinations Board. The board consists of two master 
199.31 	pipefitters from the metropolitan area and two from greater Minnesota, two journeymen, 
199.32 	one from the metropolitan area, and one from greater Minnesota, one mechanical engineer, 
199.33 	and one representative from each of two separate utilities. The commissioner or the 
199.34 	commissioner's designee shall be the nonvoting chairperson of the committee.
200.1 	The board may adopt rules on all high-pressure piping code issues and shall advise 
200.2 	the commissioner on all matters within the board's expertise.

200.3 	Sec. 2. Minnesota Statutes 2006, section 326.47, subdivision 6, is amended to read:
200.4 		Subd. 6.Filing and inspection fees. The Department of Labor and Industry 
200.5 	must charge a filing fee set by the commissioner council under section 16A.1285 for all 
200.6 	applications for permits to construct or install high pressure piping systems. The fee for 
200.7 	inspection of high pressure piping system construction or installation shall be set by the 
200.8 	commissioner council under section 16A.1285. This subdivision does not apply where a 
200.9 	permit is issued by a municipality complying with subdivision 2. 

200.10 	Sec. 3. [326.471] COUNCIL OF HIGH PRESSURE PIPING SYSTEMS.
200.11 		Subdivision 1.Composition. (a) The Council of High Pressure Piping Systems 
200.12 	shall consist of 12 members who must be residents of the state, appointed by the governor, 
200.13 	and confirmed by the senate. The commissioner of the Department of Labor and Industry 
200.14 	or the commissioner's designee shall be a nonvoting member. The first appointed board 
200.15 	members shall serve an initial term of four years, except where designated otherwise. The 
200.16 	governor shall then reappoint the current members or appoint replacement members, all or 
200.17 	in part, to subsequent three-year terms. Midterm vacancies shall be filled for the remaining 
200.18 	portion of the term. Vacancies occurring with less than six months time remaining in the 
200.19 	term shall be filled for the existing term and the following three-year term. Of the 11 
200.20 	appointed members, the composition shall be as follows:
200.21 	(1) one member shall be a high pressure piping inspector;
200.22 	(2) one member shall be a licensed mechanical engineer;
200.23 	(3) one member shall be a representative of the piping industry;
200.24 	(4) four members shall be high pressure piping contractors or their representatives, 
200.25 	engaged in the scope of high pressure piping, two from the metro area and two from 
200.26 	greater Minnesota;
200.27 	(5) two members shall be high pressure piping journeypersons engaged in the scope 
200.28 	of high pressure piping systems installation, one from the metro area and one from greater 
200.29 	Minnesota; and
200.30 	(6) two members shall be representatives from utility companies in Minnesota 
200.31 	who shall serve an initial term of two years.
200.32 	(b) Except for the licensed mechanical engineer and the members from utilities 
200.33 	companies, all persons appointed to the council must possess a current license or 
201.1 	competency credential required for contractors and persons engaged in the design, 
201.2 	installation, alteration, and inspection of high pressure systems.
201.3 		Subd. 2.Powers. (a) The council shall have the power to:
201.4 	(1) elect its own officers;
201.5 	(2) specify the high pressure piping code that must be followed in Minnesota;
201.6 	(3) maintain an appeals committee to make determinations regarding any complaints, 
201.7 	code amendments, code compliance, and code clarifications filed with the council;
201.8 	(4) adopt rules necessary for the regulation and licensing of contractors, 
201.9 	journeypersons, trainees, and other persons engaged in the design, installation, alteration, 
201.10 	and inspection of high pressure piping systems;
201.11 	(5) adopt rules necessary for continuing education for individuals regulated and 
201.12 	licensed under this section; and
201.13 	(6) pay expenses deemed necessary in the performance of council duties, including 
201.14 	rent, utilities, and supplies in the manner and amount specified in section 43A.18, 
201.15 	subdivision 2.
201.16 	(b) Complaints filed under this section may originate with high pressure piping 
201.17 	inspectors, contractors, or their employees, or other persons engaged in the design, 
201.18 	installation, and alteration of a high pressure piping system. The council shall make 
201.19 	their findings known to all parties and the commissioner of the Department of Labor and 
201.20 	Industry within the time period specified by the council.
201.21 		Subd. 3.Fee and finances. The council shall submit an annual budget to the 
201.22 	commissioner of the Department of Labor and Industry. The commissioner shall collect 
201.23 	fees necessary for the operation and continuance of the council. The commissioner 
201.24 	is responsible for the enforcement of the codes and licensing requirements determined 
201.25 	by the council. The council shall set the fees for licenses and certification under this 
201.26 	section and for all high pressure piping system permits and submit the fee structure to 
201.27 	the commissioner of labor and industry. Funds collected under section 326.50 shall be 
201.28 	transferred to the council quarterly to meet ongoing budgetary needs of the council.

201.29 	ARTICLE 18
201.30 	BUILDING AND STRUCTURAL CODE COUNCIL

201.31 	Section 1. [326.522] BUILDING AND STRUCTURAL CODE COUNCIL.
201.32 		Subdivision 1.Composition. (a) The Building and Structural Code Council shall 
201.33 	consist of 11 voting members who must be residents of the state and appointed by the 
201.34 	governor with confirmation by the senate. The council shall also include one nonvoting 
201.35 	representative from the Department of Labor and Industry. The first board members shall 
202.1 	serve an initial term of four years, except where designated otherwise. The governor shall 
202.2 	then reappoint the current members or appoint replacement members, all or in part, to 
202.3 	subsequent three-year terms. Midterm vacancies shall be filled for the remaining portion 
202.4 	of the term. Vacancies occurring with less than six months time remaining in the term 
202.5 	shall be filled for the existing term and the following three-year term. Of the 11 appointed 
202.6 	members, the composition shall be as follows:
202.7 	(1) two members shall be municipal building inspectors who will serve an initial 
202.8 	term of four years;
202.9 	(2) one member shall be a licensed qualified engineer;
202.10 	(3) four members serving an initial term of three years shall be construction or 
202.11 	carpentry contractors or their representatives, and shall be composed as follows:
202.12 	(i) two must be general construction or general contractors engaged in a commercial 
202.13 	scope of construction or carpentry contracting, one from the metro area and one from 
202.14 	greater Minnesota;
202.15 	(ii) one shall be a general contractor;
202.16 	(iii) one shall be a construction or carpentry subcontractor; and
202.17 	(iv) of the four members specified in clauses (i) to (iii), one shall be a carpentry 
202.18 	contractor; and
202.19 	(4) four members serving an initial term of two years shall be construction 
202.20 	journeypersons and shall be composed as follows:
202.21 	(i) two shall be construction journeypersons engaged in a commercial scope of 
202.22 	construction, one from the metro area and one from greater Minnesota;
202.23 	(ii) one shall be an employee of a general contractor; and
202.24 	(iii) one shall be an employee of a construction subcontractor. 
202.25 	(b) All persons appointed to the council must possess a current license or 
202.26 	competency credential if required for contractors and persons engaged in the design, 
202.27 	installation, alteration, and inspection of all aspects of residential, commercial, industrial, 
202.28 	and public construction.
202.29 		Subd. 2.Powers. (a) The council shall have the power to:
202.30 	(1) elect its own officers;
202.31 	(2) except for plumbing codes, electrical codes, mechanical codes, high-pressure 
202.32 	piping codes, and fire protection codes, the council, with consultation with the 
202.33 	commissioner of the Department of Labor and Industry, shall specify building codes 
202.34 	that must be followed in this state;
202.35 	(3) maintain an appeals committee to make determinations regarding any complaints, 
202.36 	code amendments, code compliance and code clarifications filed with the council;
203.1 	(4) adopt rules necessary for the regulation and licensing of inspectors, contractors, 
203.2 	journeypersons, apprentices, and all persons engaged in the design, installation, alteration, 
203.3 	and inspection of all aspects of residential, commercial, industrial, and public construction 
203.4 	or carpentry including, but not limited to:
203.5 	(i) any structural, load or nonload bearing component;
203.6 	(ii) any insulation;
203.7 	(iii) air or water barriers;
203.8 	(iv) exterior or interior cladding; or
203.9 	(v) any partial or total envelope;
203.10 	(5) adopt rules necessary for continuing education for individuals regulated and 
203.11 	licensed under this section; and
203.12 	(6) pay expenses deemed necessary in the performance of council duties, including 
203.13 	rent, utilities, and supplies in the manner and amount specified in section 43A.18, 
203.14 	subdivision 2.
203.15 	(b) Complaints under this section may originate with municipal inspectors, 
203.16 	construction contractors or their employees, or other persons engaged in the design, 
203.17 	installation, alteration, and inspection of building and structural construction. The council 
203.18 	must make their findings known to all parties and the commissioner within the time period 
203.19 	specified by the council.
203.20 		Subd. 3.Fees and finances. The council shall submit an annual budget to the 
203.21 	commissioner of labor and industry. The commissioner shall set and collect fees necessary 
203.22 	for the operation and continuance of the council and transfer the funds to the council 
203.23 	quarterly. The commissioner is responsible for the enforcement of the codes and licensing 
203.24 	requirements determined by the council. The commissioner shall set the fees for licenses 
203.25 	and certification under this section as directed by the council and for all construction and 
203.26 	carpentry permits.

203.27 	ARTICLE 19
203.28 	MECHANICAL SYSTEMS COUNCIL

203.29 	Section 1. [326.531] MECHANICAL SYSTEMS COUNCIL.
203.30 		Subdivision 1.Composition. The Mechanical Systems Council shall consist of 11 
203.31 	members, residents of the state, appointed by the governor, and confirmed by the senate 
203.32 	and the commissioner of the Department of Labor and Industry or his designee shall 
203.33 	be a nonvoting member.
204.1 	Two members shall be municipal mechanical inspectors; one from the seven-county 
204.2 	metro area and one from greater Minnesota; and one a licensed mechanical or professional 
204.3 	engineer;
204.4 	The eight additional members shall represent each of the eight mechanical license 
204.5 	categories detailed in section 326.532.
204.6 	The engineer, the limited license representative of section 326.532, subdivision 4, 
204.7 	paragraph (a), and the unlimited license representative of section 326.532, subdivision 
204.8 	7, shall serve an initial term of two years.
204.9 	The municipal mechanical inspector representing the seven-county metro area, 
204.10 	the limited license representatives of section 326.532, subdivisions 5 and 7, and the 
204.11 	unlimited license representative of section 326.532, subdivision 6, shall serve an initial 
204.12 	term of three years.
204.13 	The municipal mechanical inspector representing the greater Minnesota area, the 
204.14 	limited license representatives of section 326.532, subdivision 6, and the unlimited 
204.15 	license representatives of section 326.532, subdivisions 4 and 5, shall serve an initial 
204.16 	term of four years.
204.17 	These members or replacement members, all or in part, shall be appointed by the 
204.18 	governor and confirmed by the senate, to subsequent three-year terms.
204.19 	Midterm vacancies shall be filled by the governor for the remaining portion of 
204.20 	the term.
204.21 	The meaning of the terms "masters and journeypersons" shall be as prescribed 
204.22 	in section 326.532.
204.23 		Subd. 2.Powers. (1) The council shall elect its officers.
204.24 	(2) The council shall select the mechanical and fuel gas codes for Minnesota. The 
204.25 	selection of mechanical and fuel gas codes shall include a comprehensive review of 
204.26 	available model codes, the approval of all additions, amendments, and deletions to these 
204.27 	codes. The council shall coordinate the adoption of the mechanical and fuel gas codes 
204.28 	with the commissioner of the Department of Labor and Industry to the best of its ability.
204.29 	(3) The council shall maintain an appeals committee to make determinations 
204.30 	regarding any complaints, code amendments, code compliance, and code clarifications 
204.31 	filed with the council. These complaints may originate with the municipal inspectors 
204.32 	and/or the mechanical contractors or their employees and all other persons engaged in the 
204.33 	design, installation, alteration, and inspection of a mechanical system or those that have 
204.34 	purchased such services or systems. The council shall make their findings known to all 
204.35 	parties and the commissioner of the Department of Labor and Industry within a period 
204.36 	of time specified by the council.
205.1 	(4) The council shall have the authority to adopt rules necessary for the regulation 
205.2 	and licensing of inspectors, contractors, journeypersons, apprentices, and all other persons 
205.3 	engaged in the design, installation, alteration, and inspection of mechanical systems 
205.4 	utilized to provide control of environmental conditions and regulated processes within 
205.5 	buildings or regulated by the mechanical and fuel gas codes adopted. Municipalities shall 
205.6 	not create additional licensing requirements for performing work on mechanical systems 
205.7 	regulated by the State Mechanical and Fuel Gas Codes.
205.8 	(5) The council shall have the authority to adopt rules to determine the level of 
205.9 	continuing education for inspectors and licensed individuals.
205.10 	(6) All persons appointed to the council shall possess a current license required for 
205.11 	contractors or persons engaged in the design, installation, alteration, and inspection of 
205.12 	mechanical systems in effect at the time of their appointment except for the mechanical 
205.13 	engineer and the commissioner or his designee.
205.14 	(7) Pay such other expenses as it may deem necessary in the performance of 
205.15 	its duties, including rent, supplies in the manner and amount as authorized by the 
205.16 	commissioner's plan adopted under section 43A.18, subdivision 2.
205.17 		Subd. 3.Fees and finances; disposition. The council shall submit a budget to the 
205.18 	commissioner of the Department of Labor and Industry annually. The commissioner of 
205.19 	the Department of Labor and Industry shall collect fees as necessary for the operation 
205.20 	and continuance of the council. The commissioner of the Department of Labor and 
205.21 	Industry shall be responsible for the enforcement of the codes and licensing requirements 
205.22 	prescribed by the council. The council shall set fees for licenses of mechanical systems 
205.23 	contractors and persons engaged in the design, installation, alteration, and inspection of 
205.24 	mechanical systems as directed by the council and for all mechanical systems permits.

205.25 	Sec. 2. [326.532] MECHANICAL TRADE LICENSING.
205.26 		Subdivision 1.Licenses required; rules; time credit. No person shall engage in or 
205.27 	work at the business of any of the following mechanical construction trades unless issued 
205.28 	a license to do so by the State Council of Mechanical Systems. Mechanical construction 
205.29 	trades' work shall mean all scopes of work regulated by the mechanical and fuel gas 
205.30 	codes adopted by Minnesota.
205.31 		Subd. 2.Exception. A home owner may perform work, regulated by this section, 
205.32 	within a single family dwelling they own and occupy. Mechanical permits shall be 
205.33 	required for this work.
205.34 		Subd. 3.Contractor, master, journeyperson licensing. The council shall by rule 
205.35 	set minimum requirements for contractor, master, and journeyperson licensing for each 
206.1 	of the categories outlined in subdivisions 4 to 7. Every contractor shall have a master 
206.2 	license or employ a person with a master license for each of the scopes of work that 
206.3 	they engage in, as defined below. A master license shall be registered with a maximum 
206.4 	of one contractor. All persons performing work regulated by these licenses shall have 
206.5 	either a master license or a journeyperson license for each of the scopes of work they 
206.6 	perform as defined below. Apprentices shall be registered with a federal or state approved 
206.7 	apprenticeship program and shall be allowed to perform work under the direct supervision 
206.8 	of either a master or journeyperson licensed for the scope of work being performed. 
206.9 	"Direct supervision" means an apprentice is being supervised by an individual licensed to 
206.10 	perform the scope of work being performed.
206.11 		Subd. 4.Air conditioning/piping, refrigeration, and cooling systems. (a) An air 
206.12 	conditioning/piping, refrigeration, and cooling systems limited license applies to persons 
206.13 	or companies that install, alter, repair, or service air conditioning and refrigeration systems 
206.14 	or cooling equipment and any related piping, not exceeding 90,000 Btu/hr per appliance or 
206.15 	piece of equipment regulated by the Minnesota Mechanical Code.
206.16 	(b) An air conditioning/piping, refrigeration, and cooling systems unlimited 
206.17 	license applies to persons or companies that install, alter, repair, or service all types of 
206.18 	air conditioning and refrigeration systems or cooling equipment and any related piping 
206.19 	regulated by the Minnesota Mechanical Code.
206.20 		Subd. 5.Air handling, warm air heating, air conditioning/air distribution 
206.21 	and ventilating systems. Warm air heating systems means all heating appliances and 
206.22 	equipment that use heated air as a medium for space conditioning.
206.23 	(a) An air handling, warm air heating, air conditioning/air distribution and ventilating 
206.24 	systems limited license applies to persons or companies that install, alter, repair, or service 
206.25 	air handling, warm air heating, ventilating and air conditioning appliances, equipment, 
206.26 	and air distribution and exhaust systems, including all chimneys and vents that serve 
206.27 	residential occupancies and are regulated by the Minnesota Mechanical Code.
206.28 	(b) An air handling, warm air heating, air conditioning/air distribution and 
206.29 	ventilating systems unlimited license applies to persons or companies that install, 
206.30 	alter, repair, or service air handling, warm air heating, ventilating and air conditioning 
206.31 	appliances, equipment, and air distribution and exhaust systems, including all chimneys 
206.32 	and vents, in any occupancy and are regulated by the Minnesota Mechanical Code.
206.33 		Subd. 6.Fuel piping and burner systems. (a) A fuel piping and burner systems 
206.34 	limited license applies to persons or companies that install, alter, repair, or service fuel gas 
206.35 	(natural and propane), oil, and solid fuel burning appliances and equipment for structures 
207.1 	having a total installed heating system capacity of less than 400,000 Btu/hr, including 
207.2 	all chimneys and vents for these systems.
207.3 	(b) A fuel piping and burner systems unlimited license applies to persons or 
207.4 	companies that install, alter, repair, or service fuel gas (natural and propane), oil, and solid 
207.5 	fuel burning appliances and equipment for structures, including all chimneys and vents.
207.6 		Subd. 7.Steam and hot water heating. (a) A steam and hot water heating limited 
207.7 	license applies to persons or companies that install, alter, repair, or service steam or hot 
207.8 	water heating systems, not regulated by the high pressure pipefitting license in section 
207.9 	326.48, including chimneys and vents.
207.10 	(b) A steam and hot water heating unlimited license scope of work is regulated by 
207.11 	the high pressure pipefitting license in section 326.48.
207.12 		Subd. 8.License requirements. (a) The Mechanical Systems Council shall by rule 
207.13 	create exams and provide for the testing for contractors, masters, and journeypersons 
207.14 	license for each scope of work listed above.
207.15 	The council shall by rule set parameters for one-time granting of licenses to 
207.16 	contractors, masters, and journeypersons currently engaged in the scopes of work 
207.17 	regulated herein. The council shall review and determine if any exam administered by a 
207.18 	municipality will be acceptable as equal to an exam issued by the council. Contractors 
207.19 	and individuals holding contractors, masters, and journeypersons licenses or competency 
207.20 	cards issued by cities where an examination, rated as equal to the council's exams, has 
207.21 	been successfully completed, shall be granted a license for each of the appropriate scopes 
207.22 	of work tested for in the examination. 
207.23 	(b) Persons that have successfully completed a federal or state approved 
207.24 	apprenticeship program shall be granted a license for each of the appropriate scopes 
207.25 	of work defined in their apprenticeship.
207.26 	(c) Contractors and journeypersons with a minimum of five years verifiable 
207.27 	experience, prior to January 1, 2010, in each scope of work they are seeking a license for, 
207.28 	shall be granted the opportunity to take the exam for that license within the following year. 
207.29 	All such persons must make application and pass the applicable exam within one year 
207.30 	from the date of application. Verifiable experience shall mean the installing, altering, 
207.31 	repairing, and servicing or regulated mechanical appliances, equipment, and systems for 
207.32 	each scope of licensed work. Verifiable experience may also include supervisory duties 
207.33 	over the individuals that performed the regulated work.
207.34 		Subd. 9.Reciprocity with other states. The commissioner may issue a temporary 
207.35 	license without examination, upon payment of the required fee, nonresident applicants 
207.36 	who are licensed under the laws of a state having standards for licensing which the 
208.1 	commissioner determines are substantially equivalent to the standards of this state if 
208.2 	the other state grants similar privileges to Minnesota residents duly licensed in this 
208.3 	state. Applicants who receive a temporary license under this section may acquire a 
208.4 	cumulative 24 months of experience before they have to apply and pass the licensing 
208.5 	examination. Applicants must register with the commissioner of labor and industry and 
208.6 	the commissioner shall set a fee for a temporary license. Applicants have four years in 
208.7 	which to comply with this section.

208.8 	ARTICLE 20
208.9 	REPEALER; EFFECTIVE DATE

208.10 	Section 1.  REPEALER.
 208.11 	(a) Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001; 
208.12 	183.02; 183.375, subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44, 
208.13 	subdivisions 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 
208.14 	6; 326.01, subdivisions 6h, 10, 11, and 12; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 
208.15 	9g, 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 
208.16 	4; 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12, 
208.17 	and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and 
208.18 	327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
208.19 	(b) Minnesota Statutes 2006, sections 183.375, subdivision 5; 183.545, subdivision 
208.20 	9; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are repealed.
208.21 	(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 
208.22 	3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 
208.23 	4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and 
208.24 	9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts 
208.25 	1, 3, and 4, are repealed.

208.26 	EFFECTIVE DATE. Paragraphs (a) and (c) are effective December 1, 2007. 
208.27 	Paragraph (b) is effective July 1, 2007.

208.28 	Sec. 2. EFFECTIVE DATE.
 208.29 	This act is effective December 1, 2007, except when another date is specified. The 
208.30 	revisor's instructions contained in this act shall be implemented for the 2008 edition of 
208.31 	Minnesota Statutes.