HF 1208

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to state government; changing provisions for construction codes and 1.3licensing provisions; providing penalties and enforcement; clarifying and 1.4modifying the statute limitations of action for damages based on services or 1.5construction to improve real property; instructing the revisor to renumber 1.6certain statutory sections; appropriating money;amending Minnesota Statutes 1.72006, sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61; 1.816B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding a 1.9subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions 1.101, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4; 1.1116B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99, 1.12subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3; 1.13178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2; 1.14183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51; 1.15183.54, subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57, 1.16subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01, 1.17subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37, 1.18subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j, 1.196k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244, subdivisions 1.201a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.248; 326.37; 1.21326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by adding 1.22subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59; 1.23326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83, 1.24subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87; 1.25326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921; 1.26326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1; 1.27326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by 1.28adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34, 1.29subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01, 1.30subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4, 1.316, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40, 1.32subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465; 1.33471.466; 471.467; 471.471; 541.051; proposing coding for new law in Minnesota 1.34Statutes, chapters 326; 327B; proposing coding for new law as Minnesota 1.35Statutes, chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665; 1.3616B.747, subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 1.37183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54, 1.38subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01, 1.39subdivisions 4, 6h, 9, 10, 11, 12, 13; 326.241; 326.242, subdivisions 4, 9, 9a, 9b, 2.19c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461; 2.2326.247; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5; 2.3326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85; 2.4326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05, 2.5subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010; 2.62891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750; 2.73800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880; 2.85225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040; 2.95230.0060, subpart 2; 5230.0100, subparts 1, 3, 4. 2.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.11ARTICLE 1 2.12REVISOR'S INSTRUCTION 2.13    Section 1. new text begin REVISOR'S INSTRUCTION. new text end 2.14     new text begin In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315, new text end 2.15 new text begin 1346, 1350, 1360, and 7672, the revisor of statutes shall: new text end 2.16     new text begin (1) change the term "commissioner of administration" to "commissioner of labor new text end 2.17 new text begin and industry"; new text end 2.18     new text begin (2) change the term "Department of Administration" to "Department of Labor and new text end 2.19 new text begin Industry"; new text end 2.20     new text begin (3) change the term "Department of Administration's Building Codes and Standards new text end 2.21 new text begin Division" to "Department of Labor and Industry"; and new text end 2.22     new text begin (4) change the term "director of the Building Codes and Standards Division of the new text end 2.23 new text begin Department of Administration" to "individual appointed by the commissioner of labor and new text end 2.24 new text begin industry to administer the code." new text end 2.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.26ARTICLE 2 2.27CONSTRUCTION CODES AND LICENSING 2.28    Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to 2.29read: 2.30    Subdivision 1. new text begin State Fire Code rulemaking new text end authority. The commissioner of 2.31public safety through the Division of Fire Marshal may promulgate new text begin labor and industry, new text end 2.32 new text begin consistent with the recommendations of the state fire marshal, shall adopt new text end a State Fire 2.33Code and make amendments thereto in accordance with the Administrative Procedure Act 2.34in chapter 14. The code and its amendments shall conform insofar as practicable to model 2.35fire codes generally accepted and in use throughout the United States, with consideration 2.36given to existing statewide specialty codes presently in use in the state of Minnesota. 3.1Statewide specialty codes and model codes with necessary modifications may be adopted 3.2by reference in accordance with section 14.07, subdivision 4. 3.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 3.4    Sec. 2. new text begin [326B.01] DEFINITIONS. new text end 3.5     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The definitions in this section apply to chapter 326B. new text end 3.6     new text begin Subd. 2. new text end new text begin ASME. new text end new text begin "ASME" means the American Society of Mechanical Engineers. new text end 3.7     new text begin Subd. 3. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of labor new text end 3.8 new text begin and industry or a duly designated representative of the commissioner who is either an new text end 3.9 new text begin employee of the Department of Labor and Industry or a person working under contract new text end 3.10 new text begin with the department. new text end 3.11     new text begin Subd. 4. new text end new text begin Department. new text end new text begin "Department" means the Department of Labor and Industry. new text end 3.12     new text begin Subd. 5. new text end new text begin Day. new text end new text begin "Day" means calendar day unless otherwise provided. new text end 3.13     new text begin Subd. 6. new text end new text begin Individual. new text end new text begin "Individual" means a human being. new text end 3.14     new text begin Subd. 7. new text end new text begin Person. new text end new text begin "Person" means any individual, limited liability company, new text end 3.15 new text begin corporation, partnership, incorporated or unincorporated association, sole proprietorship, new text end 3.16 new text begin joint stock company, or any other legal or commercial entity. new text end 3.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 3.18    Sec. 3. new text begin [326B.02] POWERS. new text end 3.19     new text begin Subdivision 1. new text end new text begin Transfer of responsibilities. new text end new text begin The responsibilities of the new text end 3.20 new text begin commissioner of administration relating to the state building code, sections 16B.59 to new text end 3.21 new text begin 16B.76; construction of low-cost manufactured home park storm shelters, section 327.205; new text end 3.22 new text begin manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory new text end 3.23 new text begin warranties in connection with the sale of dwellings and home improvement work, chapter new text end 3.24 new text begin 327A, are transferred under section 15.039 to the commissioner of labor and industry new text end 3.25 new text begin as amended and recodified in this chapter. The responsibilities of the commissioner of new text end 3.26 new text begin health relating to the state plumbing code and licensing, sections 16B.61, 144.99 to new text end 3.27 new text begin 144.993, and 326.37 to 326.45, and water conditioning contractors and installers, sections new text end 3.28 new text begin 326.57 to 326.65, are transferred under section 15.039 to the commissioner of labor and new text end 3.29 new text begin industry as amended and recodified in this chapter except for responsibilities transferred new text end 3.30 new text begin to the Plumbing Board as expressly provided in this chapter. The responsibilities of the new text end 3.31 new text begin commissioner of commerce relating to residential contractors, residential remodelers, new text end 3.32 new text begin residential roofers, manufactured home installers, and the contractor's recovery fund under new text end 3.33 new text begin sections 45.027 to 45.23 and 326.83 to 326.992 are transferred under section 15.039 new text end 4.1 new text begin to the commissioner of labor and industry as amended and recodified in this chapter. new text end 4.2 new text begin The responsibilities of the Board of Electricity relating to the State Electrical Code and new text end 4.3 new text begin licensing, sections 16B.61 and 326.241 to 326.248, are transferred under section 15.039 new text end 4.4 new text begin to the commissioner of labor and industry as amended and recodified in this chapter new text end 4.5 new text begin except for responsibilities transferred to the Board of Electricity as expressly provided new text end 4.6 new text begin in this chapter. new text end 4.7     new text begin Subd. 2. new text end new text begin Transfer of Authority. new text end new text begin The commissioner of administration may not use new text end 4.8 new text begin the authority under section 16B.37 to modify the transfers of authority to the Plumbing new text end 4.9 new text begin Board, the Board of Electricity, or the Board of High Pressure Piping Systems under new text end 4.10 new text begin this chapter. new text end 4.11     new text begin Subd. 3. new text end new text begin Definition of responsibilities. new text end new text begin For purposes of subdivision 1, new text end 4.12 new text begin responsibilities include powers, duties, rights, obligations, and other authority imposed new text end 4.13 new text begin by law. new text end 4.14     new text begin Subd. 4. new text end new text begin State fire marshal cooperation. new text end new text begin The state fire marshal shall work with the new text end 4.15 new text begin commissioner to improve the delivery of services to the public through the coordination new text end 4.16 new text begin of services and utilization of technology. new text end 4.17     new text begin Subd. 5. new text end new text begin General rulemaking authority. new text end new text begin The commissioner may, under the new text end 4.18 new text begin rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt, new text end 4.19 new text begin amend, suspend, and repeal rules relating to the commissioner's responsibilities under this new text end 4.20 new text begin chapter, except for rules for which the rulemaking authority is expressly transferred to the new text end 4.21 new text begin Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems. new text end 4.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.23    Sec. 4. new text begin [326B.04] DEPOSIT OF MONEY. new text end 4.24     new text begin Subdivision 1. new text end new text begin Construction code fund. new text end new text begin There is created in the state treasury new text end 4.25 new text begin a construction code fund as a special revenue fund for the purpose of administering this new text end 4.26 new text begin chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those new text end 4.27 new text begin sections, except penalties, is credited to the construction code fund unless otherwise new text end 4.28 new text begin specifically designated by law. Any interest or profit accruing from investment of these new text end 4.29 new text begin sums is credited to the construction code fund. All money collected in the construction new text end 4.30 new text begin code fund is appropriated to the commissioner to administer and enforce the provisions new text end 4.31 new text begin identified in this section. new text end 4.32     new text begin Unless otherwise provided by law, all penalties assessed under this chapter, section new text end 4.33 new text begin 327.35, and chapter 327B are credited to the assigned risk safety account established new text end 4.34 new text begin by section 79.253. new text end 5.1     new text begin Subd. 2. new text end new text begin Deposits. new text end new text begin All remaining balances as of June 30, 2007, in the state new text end 5.2 new text begin government special revenue fund and special revenue fund accounts maintained for new text end 5.3 new text begin the Building Codes and Standards Division, Board of Electricity, and plumbing and new text end 5.4 new text begin engineering unit are transferred to the construction code fund. Unless otherwise new text end 5.5 new text begin specifically designated by law: (1) all money collected under chapter 183 and sections new text end 5.6 new text begin 16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57 new text end 5.7 new text begin to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, new text end 5.8 new text begin is credited to the construction code fund; (2) all fees collected under section 45.23 in new text end 5.9 new text begin connection with continuing education for residential contractors, residential remodelers, new text end 5.10 new text begin and residential roofers are credited to the construction code fund; and (3) all penalties new text end 5.11 new text begin assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under new text end 5.12 new text begin sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45 new text end 5.13 new text begin or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned new text end 5.14 new text begin risk safety account established by section 79.253. new text end 5.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 5.16    Sec. 5. new text begin [326B.06] BONDS. new text end 5.17     new text begin Bonds issued under this chapter are not state bonds or contracts for purposes of new text end 5.18 new text begin sections 8.05 and 16C.05, subdivision 2. new text end 5.19    Sec. 6. new text begin [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA. new text end 5.20     new text begin The commissioner shall not be subject to subpoena for purposes of providing expert new text end 5.21 new text begin testimony, except in an enforcement proceeding brought by the commissioner. new text end 5.22    Sec. 7. new text begin APPOINTMENT AND FIRST MEETING OF BOARDS. new text end 5.23     new text begin The governor must make the appointments to the Board of Electricity, the Plumbing new text end 5.24 new text begin Board, and the Board of High Pressure Piping Systems no later than July 1, 2007. The new text end 5.25 new text begin commissioner of labor and industry must convene the first meeting of each board no later new text end 5.26 new text begin than September 1, 2007. new text end 5.27ARTICLE 3 5.28ENFORCEMENT 5.29    Section 1. new text begin [326B.081] DEFINITIONS. new text end 5.30     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin For purposes of sections 326B.081 to 326B.085, the new text end 5.31 new text begin terms defined in this section have the meanings given them. new text end 6.1     new text begin Subd. 2. new text end new text begin Administrative order. new text end new text begin "Administrative order" means an order issued new text end 6.2 new text begin under section 326B.082, subdivision 7. new text end 6.3     new text begin Subd. 3. new text end new text begin Applicable law. new text end new text begin "Applicable law" means the provisions of sections new text end 6.4 new text begin 326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders, new text end 6.5 new text begin stipulation agreements, settlements, compliance agreements, licenses, registrations, new text end 6.6 new text begin certificates, and permits adopted, issued, or enforced by the department under sections new text end 6.7 new text begin 326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B. new text end 6.8     new text begin Subd. 4. new text end new text begin Document or documents. new text end new text begin "Document" or "documents" includes papers; new text end 6.9 new text begin books; records; memoranda; data; contracts; drawings; graphs; charts; photographs; new text end 6.10 new text begin digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails; new text end 6.11 new text begin invoices; bills; notes; and calendars maintained in any form or manner. new text end 6.12     new text begin Subd. 5. new text end new text begin Final. new text end new text begin "Final" when used to describe any order issued under section new text end 6.13 new text begin 326B.082 means that: new text end 6.14     new text begin (1) no request for hearing in connection with the order was filed in the manner and new text end 6.15 new text begin within the time provided by section 326B.082; new text end 6.16     new text begin (2) all requests for hearing have been withdrawn; new text end 6.17     new text begin (3) an agreement that resolves the order has been signed by all the parties; or new text end 6.18     new text begin (4) after the filing of a request for hearing, an order has been issued by the new text end 6.19 new text begin commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been new text end 6.20 new text begin pursued or forgone. new text end 6.21     new text begin Subd. 6. new text end new text begin Licensing order. new text end new text begin "Licensing order" means an order issued under section new text end 6.22 new text begin 326B.082, subdivision 12, paragraph (a). new text end 6.23     new text begin Subd. 7. new text end new text begin Minimum qualifications. new text end new text begin "Minimum qualifications" means the new text end 6.24 new text begin educational, experience, fee, examination, application, and other eligibility requirements new text end 6.25 new text begin that an applicant must meet in order to obtain a license, registration, certificate, or new text end 6.26 new text begin permit under the applicable law. For an applicant that is not an individual, the minimum new text end 6.27 new text begin qualifications include the requirement that an employee or other individual associated new text end 6.28 new text begin with the applicant hold a license. new text end 6.29     new text begin Subd. 8. new text end new text begin Stop order. new text end new text begin "Stop order" means an order issued under section 326B.082, new text end 6.30 new text begin subdivision 10. new text end 6.31    Sec. 2. new text begin [326B.082] ENFORCEMENT. new text end 6.32     new text begin Subdivision 1. new text end new text begin Remedies available. new text end new text begin The commissioner may enforce all applicable new text end 6.33 new text begin law under this section. The commissioner may use any enforcement provision in this new text end 6.34 new text begin section, including the assessment of monetary penalties, against a person required to have new text end 6.35 new text begin a license, registration, certificate, or permit under the applicable law based on conduct new text end 7.1 new text begin that would provide grounds for action against a licensee, registrant, certificate holder, new text end 7.2 new text begin or permit holder under the applicable law. The use of an enforcement provision in this new text end 7.3 new text begin section shall not preclude the use of any other enforcement provision in this section or new text end 7.4 new text begin otherwise provided by law. new text end 7.5     new text begin Subd. 2. new text end new text begin Access to information and property; subpoenas. new text end new text begin (a) In order to carry out new text end 7.6 new text begin the purposes of the applicable law, the commissioner may: new text end 7.7     new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take new text end 7.8 new text begin oral or written statements, and take depositions; new text end 7.9     new text begin (2) request, examine, take possession of, test, sample, measure, photograph, record, new text end 7.10 new text begin and copy any documents, apparatus, devices, equipment, or materials; new text end 7.11     new text begin (3) at a time and place indicated by the commissioner, request persons to appear new text end 7.12 new text begin before the commissioner to give testimony and produce documents, apparatus, devices, new text end 7.13 new text begin equipment, or materials; new text end 7.14     new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give new text end 7.15 new text begin testimony and produce documents, apparatus, devices, equipment, or materials; and new text end 7.16     new text begin (5) with or without notice, enter without delay upon any property, public or private, new text end 7.17 new text begin for the purpose of taking any action authorized under this subdivision or the applicable new text end 7.18 new text begin law, including obtaining information, remedying violations, or conducting surveys, new text end 7.19 new text begin inspections, or investigations. new text end 7.20     new text begin (b) Persons requested by the commissioner to give testimony or produce documents, new text end 7.21 new text begin apparatus, devices, equipment, or materials shall respond within the time and in the manner new text end 7.22 new text begin specified by the commissioner. If no time to respond is specified in the request, then a new text end 7.23 new text begin response shall be submitted within 30 days of the commissioner's service of the request. new text end 7.24     new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property new text end 7.25 new text begin owner's representative, or lessee's representative to permit the commissioner's entry onto new text end 7.26 new text begin property as provided in paragraph (a), the commissioner may apply for an administrative new text end 7.27 new text begin inspection order in the Ramsey County District Court or, at the commissioner's discretion, new text end 7.28 new text begin in the district court in the county in which the property is located. The commissioner may new text end 7.29 new text begin anticipate that a property owner or lessee will refuse entry if the property owner, lessee, new text end 7.30 new text begin property owner's representative, or lessee's representative has refused to permit entry on a new text end 7.31 new text begin prior occasion or has informed the commissioner that entry will be refused. Upon showing new text end 7.32 new text begin of administrative probable cause by the commissioner, the district court shall issue an new text end 7.33 new text begin administrative inspection order that compels the property owner or lessee to permit the new text end 7.34 new text begin commissioner to enter the property for the purposes specified in paragraph (a). new text end 8.1     new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of new text end 8.2 new text begin any person to obey a subpoena lawfully issued by the commissioner under this subdivision new text end 8.3 new text begin as a contempt of court. new text end 8.4     new text begin Subd. 3. new text end new text begin Service. new text end new text begin Unless otherwise specified, service of a document on a person new text end 8.5 new text begin under this section or section 326B.083 may be by mail, by personal service, or in new text end 8.6 new text begin accordance with any consent to service filed with the commissioner. Service by mail shall new text end 8.7 new text begin be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart new text end 8.8 new text begin 2. Personal service shall be accomplished in the manner provided in Minnesota Rules, new text end 8.9 new text begin part 1400.5550, subpart 3. new text end 8.10     new text begin Subd. 4. new text end new text begin Fax transmission. new text end new text begin When this section or section 326B.083 permits a new text end 8.11 new text begin request for reconsideration or request for hearing to be served by fax on the commissioner, new text end 8.12 new text begin the fax shall not exceed 15 pages in length. The request shall be considered timely new text end 8.13 new text begin served if the fax is received by the commissioner, at the fax number identified by the new text end 8.14 new text begin commissioner in the order or notice of violation, no later than 4:30 p.m. central time on new text end 8.15 new text begin the last day permitted for faxing the request. Where the quality or authenticity of the faxed new text end 8.16 new text begin request is at issue, the commissioner may require the original request to be filed. Where new text end 8.17 new text begin the commissioner has not identified quality or authenticity of the faxed request as an issue new text end 8.18 new text begin and the request has been faxed in accordance with this subdivision, the person faxing the new text end 8.19 new text begin request does not need to file the original request with the commissioner. new text end 8.20     new text begin Subd. 5. new text end new text begin Time computation. new text end new text begin In computing any period of time prescribed or allowed new text end 8.21 new text begin by this section, the day of the act, event, or default from which the designated period of new text end 8.22 new text begin time begins to run shall not be included. The last day of the period so computed shall be new text end 8.23 new text begin included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs new text end 8.24 new text begin until the next day which is not a Saturday, Sunday, or legal holiday. new text end 8.25     new text begin Subd. 6. new text end new text begin Notices of violation. new text end new text begin (a) The commissioner may issue a notice of violation new text end 8.26 new text begin to any person who the commissioner determines has committed a violation of the new text end 8.27 new text begin applicable law. The notice of violation must state a summary of the facts that constitute new text end 8.28 new text begin the violation and the applicable law violated. The notice of violation may require the new text end 8.29 new text begin person to correct the violation. If correction is required, the notice of violation must state new text end 8.30 new text begin the deadline by which the violation must be corrected. new text end 8.31     new text begin (b) The commissioner shall issue the notice of violation by: new text end 8.32     new text begin (1) serving the notice of violation on the property owner or on the person who new text end 8.33 new text begin committed the violation; or new text end 8.34     new text begin (2) posting the notice of violation at the location where the violation occurred. new text end 8.35     new text begin (c) If the person to whom the commissioner has issued the notice of violation new text end 8.36 new text begin believes the notice was issued in error, then the person may request reconsideration of the new text end 9.1 new text begin parts of the notice that the person believes are in error. The request for reconsideration new text end 9.2 new text begin must be in writing and must be served on or faxed to the commissioner at the address or new text end 9.3 new text begin fax number specified in the notice of violation by the tenth day after the commissioner new text end 9.4 new text begin issued the notice of violation. The date on which a request for reconsideration is served by new text end 9.5 new text begin mail shall be the postmark date on the envelope in which the request for reconsideration is new text end 9.6 new text begin mailed. If the person does not serve or fax a written request for reconsideration or if the new text end 9.7 new text begin person's written request for reconsideration is not served on or faxed to the commissioner new text end 9.8 new text begin by the tenth day after the commissioner issued the notice of violation, the notice of new text end 9.9 new text begin violation shall become a final order of the commissioner and will not be subject to review new text end 9.10 new text begin by any court or agency. The request for reconsideration must: new text end 9.11     new text begin (1) specify which parts of the notice of violation the person believes are in error; new text end 9.12     new text begin (2) explain why the person believes the parts are in error; and new text end 9.13     new text begin (3) provide documentation to support the request for reconsideration. new text end 9.14     new text begin The commissioner shall respond in writing to requests for reconsideration new text end 9.15 new text begin made under this paragraph within 15 days after receiving the request. A request for new text end 9.16 new text begin reconsideration does not stay a requirement to correct a violation as set forth in the notice new text end 9.17 new text begin of violation. After reviewing the request for reconsideration, the commissioner may new text end 9.18 new text begin affirm, modify, or rescind the notice of violation. The commissioner's response to a new text end 9.19 new text begin request for reconsideration is final and shall not be reviewed by any court or agency. new text end 9.20     new text begin Subd. 7. new text end new text begin Administrative orders; correction; assessment of monetary new text end 9.21 new text begin penalties. new text end new text begin (a) The commissioner may issue an administrative order to any person who new text end 9.22 new text begin the commissioner determines has committed a violation of the applicable law. The new text end 9.23 new text begin commissioner shall issue the administrative order by serving the administrative order on new text end 9.24 new text begin the person. The administrative order may require the person to correct the violation, new text end 9.25 new text begin may require the person to cease and desist from committing the violation, and may new text end 9.26 new text begin assess monetary penalties. The commissioner shall follow the procedures in section new text end 9.27 new text begin 326B.083 when issuing administrative orders. Except as provided in paragraph (b), the new text end 9.28 new text begin commissioner may issue to each person a monetary penalty of up to $10,000 for each new text end 9.29 new text begin violation of applicable law committed by the person. The commissioner may order that new text end 9.30 new text begin part or all of the monetary penalty will be forgiven if the person to whom the order is new text end 9.31 new text begin issued demonstrates to the commissioner by the 31st day after the order is issued that new text end 9.32 new text begin the person has corrected the violation or has developed a correction plan acceptable to new text end 9.33 new text begin the commissioner. new text end 9.34     new text begin (b) The commissioner may issue an administrative order for failure to correct a new text end 9.35 new text begin violation by the deadline stated in a final administrative order issued under paragraph (a). new text end 10.1 new text begin Each day after the deadline during which the violation remains uncorrected is a separate new text end 10.2 new text begin violation for purposes of calculating the maximum monetary penalty amount. new text end 10.3     new text begin (c) Upon the application of the commissioner, a district court shall find the failure of new text end 10.4 new text begin any person to correct a violation as required by a final administrative order issued by the new text end 10.5 new text begin commissioner under this subdivision as a contempt of court. new text end 10.6     new text begin Subd. 8. new text end new text begin Hearings related to administrative orders. new text end new text begin (a) Within 30 days after the new text end 10.7 new text begin commissioner issues an administrative order or within 20 days after the commissioner new text end 10.8 new text begin issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the new text end 10.9 new text begin person to whom the administrative order or notice is issued may request an expedited new text end 10.10 new text begin hearing to review the commissioner's order or notice. The request for hearing must be new text end 10.11 new text begin in writing and must be served on or faxed to the commissioner at the address or fax new text end 10.12 new text begin number specified in the order or notice. If the person does not request a hearing or if the new text end 10.13 new text begin person's written request for hearing is not served on or faxed to the commissioner by the new text end 10.14 new text begin 30th day after the commissioner issues the administrative order or the 20th day after the new text end 10.15 new text begin commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), new text end 10.16 new text begin clause (3), the order will become a final order of the commissioner and will not be subject new text end 10.17 new text begin to review by any court or agency. The date on which a request for hearing is served by new text end 10.18 new text begin mail shall be the postmark date on the envelope in which the request for hearing is mailed. new text end 10.19 new text begin The hearing request must specifically state the reasons for seeking review of the order or new text end 10.20 new text begin notice. The person to whom the order or notice is issued and the commissioner are the new text end 10.21 new text begin parties to the expedited hearing. The commissioner must notify the person to whom the new text end 10.22 new text begin order or notice is issued of the time and place of the hearing at least 15 days before the new text end 10.23 new text begin hearing. The expedited hearing must be held within 45 days after a request for hearing has new text end 10.24 new text begin been served on the commissioner unless the parties agree to a later date. new text end 10.25     new text begin (b) All written arguments must be submitted within ten days following the close of new text end 10.26 new text begin the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to new text end 10.27 new text begin 1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in new text end 10.28 new text begin consultation with the agency, adopt rules specifically applicable to cases under this section. new text end 10.29     new text begin (c) The administrative law judge shall issue a report making findings of fact, new text end 10.30 new text begin conclusions of law, and a recommended order to the commissioner within 30 days new text end 10.31 new text begin following the close of the record. new text end 10.32     new text begin (d) If the administrative law judge makes a finding that the hearing was requested new text end 10.33 new text begin solely for purposes of delay or that the hearing request was frivolous, the commissioner new text end 10.34 new text begin may add to the amount of the penalty the costs charged to the department by the Office of new text end 10.35 new text begin Administrative Hearings for the hearing. new text end 11.1     new text begin (e) If a hearing has been held, the commissioner shall not issue a final order until new text end 11.2 new text begin at least five days after the date of the administrative law judge's report. Any person new text end 11.3 new text begin aggrieved by the administrative law judge's report may, within those five days, serve new text end 11.4 new text begin written comments to the commissioner on the report and the commissioner shall consider new text end 11.5 new text begin the comments. The commissioner's final order may be appealed in the manner provided in new text end 11.6 new text begin sections 14.63 to 14.69. new text end 11.7     new text begin Subd. 9. new text end new text begin Injunctive relief. new text end new text begin In addition to any other remedy provided by law, the new text end 11.8 new text begin commissioner may bring an action for injunctive relief in the Ramsey County District new text end 11.9 new text begin Court or, at the commissioner's discretion, in the district court in the county in which the new text end 11.10 new text begin commissioner has determined a violation of the applicable law has occurred or is about to new text end 11.11 new text begin occur to enjoin the violation. A temporary restraining order and other injunctive relief new text end 11.12 new text begin shall be granted by the district court if the court determines that a person has engaged in or new text end 11.13 new text begin is about to engage in an act, conduct, or practice constituting a violation of the applicable new text end 11.14 new text begin law. The commissioner shall not be required to show irreparable harm. new text end 11.15     new text begin Subd. 10. new text end new text begin Stop orders. new text end new text begin (a) If the commissioner determines based on an inspection new text end 11.16 new text begin or investigation that a person has violated or is about to violate the applicable law, the new text end 11.17 new text begin commissioner may issue to the person a stop order requiring the person to cease and desist new text end 11.18 new text begin from committing the violation. new text end 11.19     new text begin (b) If the commissioner determines that a condition exists on real property that new text end 11.20 new text begin violates the applicable law, the commissioner may issue a stop order to the owner or new text end 11.21 new text begin lessee of the real property to cease and desist from committing the violation and to correct new text end 11.22 new text begin the condition that is in violation. new text end 11.23     new text begin (c) The commissioner shall issue the stop work order by: new text end 11.24     new text begin (1) serving the order on the person who has committed or is about to commit the new text end 11.25 new text begin violation; new text end 11.26     new text begin (2) posting the order at the location where the violation was committed or is about to new text end 11.27 new text begin be committed or at the location where the violating condition exists; or new text end 11.28     new text begin (3) serving the order on any owner or lessee of the real property where the violating new text end 11.29 new text begin condition exists. new text end 11.30     new text begin (d) A stop order shall: new text end 11.31     new text begin (1) describe the act, conduct, or practice committed or about to be committed, or the new text end 11.32 new text begin condition, and include a reference to the applicable law that the act, conduct, practice, or new text end 11.33 new text begin condition violates or would violate; and new text end 11.34     new text begin (2) provide notice that any person aggrieved by the stop order may request a hearing new text end 11.35 new text begin as provided in paragraph (e). new text end 12.1     new text begin (e) Within 30 days after the commissioner issues a stop order, any person aggrieved new text end 12.2 new text begin by the order may request an expedited hearing to review the commissioner's action. new text end 12.3 new text begin The request for hearing must be made in writing and must be served on or faxed to the new text end 12.4 new text begin commissioner at the address or fax number specified in the order. If the person does not new text end 12.5 new text begin request a hearing or if the person's written request for hearing is not served on or faxed to new text end 12.6 new text begin the commissioner on or before the 30th day after the commissioner issued the stop order, new text end 12.7 new text begin the order will become a final order of the commissioner and will not be subject to review new text end 12.8 new text begin by any court or agency. The date on which a request for hearing is served by mail is the new text end 12.9 new text begin postmark date on the envelope in which the request for hearing is mailed. The hearing new text end 12.10 new text begin request must specifically state the reasons for seeking review of the order. The person who new text end 12.11 new text begin requested the hearing and the commissioner are the parties to the expedited hearing. The new text end 12.12 new text begin hearing shall be commenced within ten days after the commissioner receives the request new text end 12.13 new text begin for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to new text end 12.14 new text begin 1400.8612, as modified by this subdivision. The administrative law judge shall issue a new text end 12.15 new text begin report containing findings of fact, conclusions of law, and a recommended order within new text end 12.16 new text begin ten days after the conclusion of the hearing. Any party aggrieved by the administrative new text end 12.17 new text begin law judge's report shall have five days after the date of the administrative law judge's new text end 12.18 new text begin report to submit exceptions and argument to the commissioner. Within 15 days after new text end 12.19 new text begin receiving the administrative law judge's report, the commissioner shall issue an order new text end 12.20 new text begin vacating, modifying, or making permanent the stop order. The commissioner and the new text end 12.21 new text begin person requesting the hearing may by agreement lengthen any time periods described in new text end 12.22 new text begin this paragraph. The Office of Administrative Hearings may, in consultation with the new text end 12.23 new text begin agency, adopt rules specifically applicable to cases under this subdivision. new text end 12.24     new text begin (f) A stop order issued under this subdivision shall be in effect until it is modified or new text end 12.25 new text begin vacated by the commissioner or an appellate court. The administrative hearing provided new text end 12.26 new text begin by this subdivision and any appellate judicial review as provided in chapter 14 shall new text end 12.27 new text begin constitute the exclusive remedy for any person aggrieved by a stop order. new text end 12.28     new text begin (g) Upon the application of the commissioner, a district court shall find the failure of new text end 12.29 new text begin any person to comply with a final stop order lawfully issued by the commissioner under new text end 12.30 new text begin this subdivision as a contempt of court. new text end 12.31     new text begin Subd. 11. new text end new text begin Licensing orders; grounds; reapplication. new text end new text begin (a) The commissioner may new text end 12.32 new text begin deny an application for a permit, license, registration, or certificate if the applicant does new text end 12.33 new text begin not meet or fails to maintain the minimum qualifications for holding the permit, license, new text end 12.34 new text begin registration, or certificate, or has any unresolved violations or unpaid fees or monetary new text end 12.35 new text begin penalties related to the activity for which the permit, license, registration, or certificate has new text end 12.36 new text begin been applied for or was issued. new text end 13.1     new text begin (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a new text end 13.2 new text begin person's permit, license, registration, or certificate, or censure the person holding the new text end 13.3 new text begin permit, license, registration, or certificate, if the commissioner finds that the person: new text end 13.4     new text begin (1) committed one or more violations of the applicable law; new text end 13.5     new text begin (2) submitted false or misleading information to the state in connection with new text end 13.6 new text begin activities for which the permit, license, registration, or certificate was issued, or in new text end 13.7 new text begin connection with the application for the permit, license, registration, or certificate; new text end 13.8     new text begin (3) allowed the alteration or use of the person's own permit, license, registration, new text end 13.9 new text begin or certificate by another person; new text end 13.10     new text begin (4) within the previous five years, was convicted of a crime in connection with new text end 13.11 new text begin activities for which the permit, license, registration, or certificate was issued; new text end 13.12     new text begin (5) violated a final administrative order issued under subdivision 7 or a final stop new text end 13.13 new text begin order issued under subdivision 10, or injunctive relief issued under subdivision 9; new text end 13.14     new text begin (6) failed to cooperate with a commissioner's request to give testimony, to produce new text end 13.15 new text begin documents, things, apparatus, devices, equipment, or materials, or to access property new text end 13.16 new text begin under subdivision 2; new text end 13.17     new text begin (7) retaliated in any manner against any employee or person who is questioned by, new text end 13.18 new text begin cooperates with, or provides information to the commissioner or an employee or agent new text end 13.19 new text begin authorized by the commissioner who seeks access to property or things under subdivision new text end 13.20 new text begin 2; new text end 13.21     new text begin (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or new text end 13.22     new text begin (9) performed work in connection with the permit, license, registration, or new text end 13.23 new text begin certificate or conducted the person's affairs in a manner that demonstrates incompetence, new text end 13.24 new text begin untrustworthiness, or financial irresponsibility. new text end 13.25     new text begin (c) If the commissioner revokes a person's permit, license, registration, or certificate new text end 13.26 new text begin under paragraph (b), the person is prohibited from reapplying for the same type of permit, new text end 13.27 new text begin license, registration, or certificate for at least two years after the effective date of the new text end 13.28 new text begin revocation. The commissioner may, as a condition of reapplication, require the person to new text end 13.29 new text begin obtain a bond or comply with additional reasonable conditions the commissioner considers new text end 13.30 new text begin necessary to protect the public. new text end 13.31     new text begin (d) If a permit, license, registration, or certificate expires, or is surrendered, new text end 13.32 new text begin withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may new text end 13.33 new text begin institute a proceeding under this subdivision within two years after the permit, license, new text end 13.34 new text begin registration, or certificate was last effective and enter a revocation or suspension order as new text end 13.35 new text begin of the last date on which the permit, license, registration, or certificate was in effect. new text end 14.1     new text begin Subd. 12. new text end new text begin Issuance of licensing orders; hearings related to licensing orders. new text end 14.2 new text begin (a) If the commissioner determines that a permit, license, registration, or certificate new text end 14.3 new text begin should be conditioned, limited, suspended, revoked, or denied under subdivision 11, new text end 14.4 new text begin or that the permit holder, licensee, registrant, or certificate holder should be censured new text end 14.5 new text begin under subdivision 11, then the commissioner shall issue to the person an order denying, new text end 14.6 new text begin conditioning, limiting, suspending, or revoking the person's permit, license, registration, new text end 14.7 new text begin or certificate, or censuring the permit holder, licensee, registrant, or certificate holder. new text end 14.8     new text begin (b) Any order issued under paragraph (a) may include an assessment of monetary new text end 14.9 new text begin penalties and may require the person to cease and desist from committing the violation new text end 14.10 new text begin or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The new text end 14.11 new text begin monetary penalty may be up to $10,000 for each violation or act, conduct, or practice new text end 14.12 new text begin committed by the person. The procedures in section 326B.083 must be followed when new text end 14.13 new text begin issuing orders under paragraph (a). new text end 14.14     new text begin (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom new text end 14.15 new text begin the commissioner issues an order under paragraph (a) shall have 30 days after service of new text end 14.16 new text begin the order to request a hearing. The request for hearing must be in writing and must be new text end 14.17 new text begin served on or faxed to the commissioner at the address or fax number specified in the order new text end 14.18 new text begin by the 30th day after service of the order. If the person does not request a hearing or if new text end 14.19 new text begin the person's written request for hearing is not served on or faxed to the commissioner new text end 14.20 new text begin by the 30th day after service of the order, the order shall become a final order of the new text end 14.21 new text begin commissioner and will not be subject to review by any court or agency. The date on which new text end 14.22 new text begin a request for hearing is served by mail shall be the postmark date on the envelope in which new text end 14.23 new text begin the request for hearing is mailed. If the person submits to the commissioner a timely new text end 14.24 new text begin request for hearing, a contested case hearing shall be held in accordance with chapter 14. new text end 14.25     new text begin (d) Paragraph (c) does not apply to summary suspension under subdivision 13. new text end 14.26     new text begin Subd. 13. new text end new text begin Summary suspension. new text end new text begin In any case where the commissioner has new text end 14.27 new text begin issued an order to revoke or suspend a license, registration, certificate, or permit under new text end 14.28 new text begin subdivision 12, the commissioner may summarily suspend the person's permit, license, new text end 14.29 new text begin registration, or certificate before the order becomes final. The commissioner shall issue a new text end 14.30 new text begin summary suspension order when the safety of life or property is threatened or to prevent new text end 14.31 new text begin the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the new text end 14.32 new text begin public. The summary suspension shall not affect the deadline for submitting a request new text end 14.33 new text begin for hearing under subdivision 12. If the commissioner summarily suspends a person's new text end 14.34 new text begin permit, license, registration, or certificate, a timely request for hearing submitted under new text end 14.35 new text begin subdivision 12 shall also be considered a timely request for hearing on continuation of new text end 14.36 new text begin the summary suspension. If the commissioner summarily suspends a person's permit, new text end 15.1 new text begin license, registration, or certificate under this subdivision and the person submits a timely new text end 15.2 new text begin request for a hearing, then a hearing on continuation of the summary suspension must be new text end 15.3 new text begin held within ten days after the commissioner receives the request for hearing unless the new text end 15.4 new text begin parties agree to a later date. new text end 15.5     new text begin Subd. 14. new text end new text begin Plan for assessing penalties. new text end new text begin The commissioner may prepare a plan for new text end 15.6 new text begin assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall new text end 15.7 new text begin provide a 30-day period for public comment on any such plan. Penalties assessed by the new text end 15.8 new text begin commissioner in accordance with the plan shall be presumed reasonable. new text end 15.9     new text begin Subd. 15. new text end new text begin Effect on other laws. new text end new text begin Nothing in this section shall be construed to limit new text end 15.10 new text begin the application of other state or federal laws, including specifically but not exclusively new text end 15.11 new text begin section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a new text end 15.12 new text begin permit, license, registration, or certificate issued by the commissioner. new text end 15.13     new text begin Subd. 16. new text end new text begin Misdemeanor penalties. new text end new text begin Except as otherwise provided by law, a person new text end 15.14 new text begin who violates an applicable law is guilty of a misdemeanor. new text end 15.15     new text begin Subd. 17. new text end new text begin Revocation and suspension of license. new text end new text begin If a person fails to pay a penalty new text end 15.16 new text begin owed under this section or section 326B.083, the commissioner may revoke, suspend, or new text end 15.17 new text begin deny any or all licenses, permits, certificates, and registrations issued by the department. new text end 15.18    Sec. 3. new text begin [326B.083] AMOUNT OF PENALTY; CONTENTS OF new text end 15.19 new text begin ADMINISTRATIVE AND LICENSING ORDERS. new text end 15.20     new text begin Subdivision 1. new text end new text begin Amount of penalty; considerations. new text end new text begin In determining the amount of new text end 15.21 new text begin a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall new text end 15.22 new text begin consider the factors described in section 14.045, subdivision 3. new text end 15.23     new text begin Subd. 2. new text end new text begin Contents of administrative order and licensing order. new text end new text begin (a) An new text end 15.24 new text begin administrative order and a licensing order must include: new text end 15.25     new text begin (1) a summary of the facts that constitute the violation or violations; new text end 15.26     new text begin (2) a reference to the applicable law that has been violated; and new text end 15.27     new text begin (3) a statement of the person's right to request a hearing. new text end 15.28     new text begin (b) An administrative order may include a requirement that the violation be new text end 15.29 new text begin corrected. If the order includes a requirement that the violation be corrected, then the new text end 15.30 new text begin order must include, in addition to any statements required under paragraphs (a) and (c), new text end 15.31 new text begin the deadline by which the violation must be corrected. new text end 15.32     new text begin (c) An administrative order or a licensing order may assess monetary penalties. If new text end 15.33 new text begin the order assesses monetary penalties, then the order must include, in addition to any new text end 15.34 new text begin statements required under paragraphs (a) and (b): new text end 15.35     new text begin (1) a statement of the amount of the monetary penalty imposed; new text end 16.1     new text begin (2) a statement that, when the order becomes final, the commissioner may file and new text end 16.2 new text begin enforce the unpaid portion of a penalty as a judgment in district court without further new text end 16.3 new text begin notice or additional proceedings; and new text end 16.4     new text begin (3) if the order is an administrative order, a statement of the amount of the penalty, new text end 16.5 new text begin if any, that will be forgiven if the person who is subject to the order demonstrates to the new text end 16.6 new text begin commissioner by the 31st day after the order is served that the person has corrected the new text end 16.7 new text begin violation or has developed a correction plan acceptable to the commissioner. new text end 16.8     new text begin Subd. 3. new text end new text begin Penalty. new text end new text begin (a) If an administrative order includes a penalty assessment, then new text end 16.9 new text begin the penalty is due and payable on the date the administrative order becomes final unless new text end 16.10 new text begin some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, new text end 16.11 new text begin then the penalty is due and payable on the date the licensing order becomes final. new text end 16.12     new text begin (b) This paragraph applies if an administrative order includes a penalty assessment new text end 16.13 new text begin and all or a portion of the penalty is forgivable. new text end 16.14     new text begin (1) If any portion of the penalty is not forgivable, that portion of the penalty is due new text end 16.15 new text begin and payable ten days after the date the administrative order becomes final. new text end 16.16     new text begin (2) The commissioner shall forgive the forgivable portion of the penalty if the new text end 16.17 new text begin commissioner determines that the violation has been corrected within the time set by new text end 16.18 new text begin the order or the person to whom the order was issued has developed a correction plan new text end 16.19 new text begin acceptable to the commissioner within the time set by the order. new text end 16.20     new text begin (3) If the commissioner determines that the person to whom the order was issued new text end 16.21 new text begin has failed to correct the violation within the time set by the order or has failed to develop new text end 16.22 new text begin a correction plan acceptable to the commissioner within the time set by the order, then new text end 16.23 new text begin the forgivable portion of the penalty is due and payable ten days after the commissioner new text end 16.24 new text begin serves notice of the determination on the person or on the date the administrative order new text end 16.25 new text begin becomes final, whichever is later. new text end 16.26     new text begin (c) This paragraph applies if an administrative order or a licensing order includes a new text end 16.27 new text begin penalty assessment and if the person subject to the order has requested a hearing. The new text end 16.28 new text begin administrative law judge may not recommend a change in the amount of the penalty if new text end 16.29 new text begin the penalty was assessed in accordance with a plan prepared under section 326B.082, new text end 16.30 new text begin subdivision 14. If the commissioner has not prepared a plan under section 326B.082, new text end 16.31 new text begin subdivision 14, then the administrative law judge may not recommend a change in the new text end 16.32 new text begin amount of the penalty unless the administrative law judge determines that, based on the new text end 16.33 new text begin factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable. new text end 16.34     new text begin (d) The assessment of a penalty does not preclude the use of other enforcement new text end 16.35 new text begin provisions, under which penalties are not assessed, in connection with the violation for new text end 16.36 new text begin which the penalty was assessed. new text end 17.1    Sec. 4. new text begin [326B.084] FALSE INFORMATION. new text end 17.2     new text begin A person subject to any of the requirements in the applicable law may not make a new text end 17.3 new text begin false material statement, representation, or certification in; omit material information new text end 17.4 new text begin from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan, new text end 17.5 new text begin or other document required under the applicable law. new text end 17.6    Sec. 5. new text begin [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES. new text end 17.7     new text begin In any action brought by the commissioner for enforcement of an order issued new text end 17.8 new text begin under section 326B.082 for injunctive relief, or to compel performance pursuant to the new text end 17.9 new text begin applicable law, if the state finally prevails, the state, in addition to other penalties provided new text end 17.10 new text begin by law, may be allowed an amount determined by the court to be the reasonable value of new text end 17.11 new text begin all or part of the litigation expenses incurred by the state. In determining the amount of new text end 17.12 new text begin the litigation expenses to be allowed, the court shall give consideration to the economic new text end 17.13 new text begin circumstances of the defendant. new text end 17.14    Sec. 6. new text begin REVISOR'S INSTRUCTION. new text end 17.15     new text begin The revisor of statutes shall renumber Minnesota Statutes, section 299F.011, new text end 17.16 new text begin subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5. new text end 17.17ARTICLE 4 17.18BUILDING CODE 17.19    Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read: 17.20    Subd. 2. Powers and duties, general. Subject to other provisions of this chapter, 17.21the commissioner is authorized to: 17.22    (1) supervise, control, review, and approve all state contracts and purchasing; 17.23    (2) provide agencies with supplies and equipment and operate all central store or 17.24supply rooms serving more than one agency; 17.25    (3) investigate and study the management and organization of agencies, and 17.26reorganize them when necessary to ensure their effective and efficient operation; 17.27    (4) manage and control state property, real and personal; 17.28    (5) maintain and operate all state buildings, as described in section 16B.24, 17.29subdivision 1 ; 17.30    (6) supervise, control, review, and approve all capital improvements to state 17.31buildings and the capitol building and grounds; 17.32    (7) provide central duplicating, printing, and mail facilities; 17.33    (8) oversee publication of official documents and provide for their sale; 18.1    (9) manage and operate parking facilities for state employees and a central motor 18.2pool for travel on state business; new text begin and new text end 18.3    (10) establish and administer a State Building Code; and 18.4    (11) new text begin (10) new text end provide rental space within the capitol complex for a private day care 18.5center for children of state employees. The commissioner shall contract for services as 18.6provided in this chapter. The commissioner shall report back to the legislature by October 18.71, 1984, with the recommendation to implement the private day care operation. 18.8    Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read: 18.9    Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner 18.10 new text begin of labor and industry in consultation with each industry board and the Construction Codes new text end 18.11 new text begin Advisory Council new text end in accordance with sections 16B.59 to 16B.75. 18.12    Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read: 18.13    Subd. 7. Physically disabled new text begin Person with a disability new text end . "Physically disabled" means 18.14having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities 18.15of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, 18.16or perceptiveness. new text begin "Person with a disability" or "persons with disabilities" includes new text end 18.17 new text begin people who have a vision disability, a hearing disability, a disability of coordination, a new text end 18.18 new text begin disability of aging, or any other disability that significantly reduces mobility, flexibility, new text end 18.19 new text begin coordination, or perceptiveness. new text end 18.20    Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read: 18.21    Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing 18.22public building in whole or in part in order to bring it up to date in new text begin into new text end conformity with 18.23present uses of the structure and to which other rules on the upgrading of health and 18.24safety provisions are applicable. 18.25    Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read: 18.26    Subd. 11. State licensed facilities new text begin facility new text end . "State licensed facilities new text begin facility new text end " means 18.27a building and its grounds that are licensed by the state as a hospital, nursing home, 18.28supervised living facility, free-standing outpatient surgical center, or correctional facility new text begin , new text end 18.29 new text begin boarding care home, or residential hospice new text end . 19.1    Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read: 19.216B.61 GENERAL POWERS OF COMMISSIONER new text begin OF LABOR AND new text end 19.3 new text begin INDUSTRY new text end . 19.4    Subdivision 1. Adoption of code. Subject to sections 16B.59 to 16B.75, the 19.5commissioner shall by rule new text begin and in consultation with the Construction Codes Advisory new text end 19.6 new text begin Council new text end establish a code of standards for the construction, reconstruction, alteration, and 19.7repair of buildings, governing matters of structural materials, design and construction, 19.8fire protection, health, sanitation, and safety, including design and construction standards 19.9regarding heat loss control, illumination, and climate control. The code must also include 19.10duties and responsibilities for code administration, including procedures for administrative 19.11action, penalties, and suspension and revocation of certification. The code must conform 19.12insofar as practicable to model building codes generally accepted and in use throughout 19.13the United States, including a code for building conservation. In the preparation of the 19.14code, consideration must be given to the existing statewide specialty codes presently in 19.15use in the state. Model codes with necessary modifications and statewide specialty codes 19.16may be adopted by reference. The code must be based on the application of scientific 19.17principles, approved tests, and professional judgment. To the extent possible, the code 19.18must be adopted in terms of desired results instead of the means of achieving those results, 19.19avoiding wherever possible the incorporation of specifications of particular methods or 19.20materials. To that end the code must encourage the use of new methods and new materials. 19.21Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall 19.22administer and enforce the provisions of those sections. 19.23    The commissioner shall develop rules addressing the plan review fee assessed 19.24to similar buildings without significant modifications including provisions for use of 19.25building systems as specified in the industrial/modular program specified in section 19.2616B.75 . Additional plan review fees associated with similar plans must be based on costs 19.27commensurate with the direct and indirect costs of the service. 19.28    Subd. 1a. Administration by commissioner. The commissioner shall administer 19.29and enforce the State Building Code as a municipality with respect to public buildings and 19.30state licensed facilities in the state. The commissioner shall establish appropriate permit, 19.31plan review, and inspection fees new text begin , and surcharges new text end for public buildings and state licensed 19.32facilities. Fees and surcharges for public buildings and state licensed facilities must be 19.33remitted to the commissioner, who shall deposit them in the state treasury for credit to 19.34the special revenue fund. 19.35    Municipalities other than the state having an agreement with the commissioner 19.36for code administration and enforcement service for public buildings and state licensed 20.1facilities shall charge their customary fees, including surcharge, to be paid directly to the 20.2jurisdiction by the applicant seeking authorization to construct a public building or a state 20.3licensed facility. The commissioner shall sign an agreement with a municipality other than 20.4the state for plan review, code administration, and code enforcement service for public 20.5buildings and state licensed facilities in the jurisdiction if the building officials of the 20.6municipality meet the requirements of section 16B.65 and wish to provide those services 20.7and if the commissioner determines that the municipality has enough adequately trained 20.8and qualified building inspectors to provide those services for the construction project. 20.9    The commissioner may direct the state building official to assist a community that 20.10has been affected by a natural disaster with building evaluation and other activities related 20.11to building codes. 20.12    Administration and enforcement in a municipality under this section must apply 20.13any optional provisions of the State Building Code adopted by the municipality. A 20.14municipality adopting any optional code provision shall notify the state building official 20.15within 30 days of its adoption. 20.16    The commissioner shall administer and enforce the provisions of the code relating to 20.17elevators statewide, except as provided for under section 16B.747, subdivision 3. 20.18    Subd. 2. Enforcement by certain bodies. Under the direction and supervision of 20.19the commissioner, the provisions of the code relating to electrical installations shall be 20.20enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act, 20.21the provisions relating to new text begin , new text end plumbing shall be enforced by the commissioner of health, 20.22the provisions relating to new text begin , boilers, new text end high pressure steam piping and appurtenances, new text begin and new text end 20.23ammonia new text begin refrigeration new text end piping, and bioprocess piping shall be enforced by the Department 20.24of Labor and Industry. Fees for inspections conducted by the State Board of Electricity new text begin new text end 20.25 new text begin commissioner new text end shall be paid in accordance with the rules of the State Board of Electricity new text begin new text end 20.26 new text begin department new text end . Under direction of the commissioner of public safety, the state fire marshal 20.27shall enforce the State Fire Code as provided in chapter 299F. The commissioner, in 20.28consultation with the commissioner of labor and industry, shall adopt amendments to the 20.29mechanical code portion of the State Building Code to implement standards for process 20.30piping. 20.31    Subd. 3. Special requirements. (a) Space for commuter vans. The code must 20.32require that any parking ramp or other parking facility constructed in accordance with the 20.33code include an appropriate number of spaces suitable for the parking of motor vehicles 20.34having a capacity of seven to 16 persons and which are principally used to provide 20.35prearranged commuter transportation of employees to or from their place of employment 20.36or to or from a transit stop authorized by a local transit authority. 21.1    (b) Smoke detection devices. The code must require that all dwellings, lodging 21.2houses, apartment houses, and hotels as defined in section 299F.362 comply with the 21.3provisions of section 299F.362. 21.4    (c) Doors in nursing homes and hospitals. The State Building Code may not 21.5require that each door entering a sleeping or patient's room from a corridor in a nursing 21.6home or hospital with an approved complete standard automatic fire extinguishing system 21.7be constructed or maintained as self-closing or automatically closing. 21.8    (d) Child care facilities in churches; ground level exit. A licensed day care center 21.9serving fewer than 30 preschool age persons and which is located in a belowground space 21.10in a church building is exempt from the State Building Code requirement for a ground 21.11level exit when the center has more than two stairways to the ground level and its exit. 21.12    (e) Child care facilities in churches; vertical access. Until August 1, 1996, an 21.13organization providing child care in an existing church building which is exempt from 21.14taxation under section 272.02, subdivision 6, shall have five years from the date of initial 21.15licensure under chapter 245A to provide interior vertical access, such as an elevator, to 21.16persons with disabilities as required by the State Building Code. To obtain the extension, 21.17the organization providing child care must secure a $2,500 performance bond with the 21.18commissioner of human services to ensure that interior vertical access is achieved by the 21.19agreed upon date. 21.20    (f) new text begin (e) new text end Family and group family day care. Until the legislature enacts legislation 21.21specifying appropriate standards, the definition of Group R-3 occupancies in new text begin dwellings new text end 21.22 new text begin constructed in accordance with the International Residential Code as adopted as part of new text end the 21.23State Building Code applies to family and group family day care homes licensed by the 21.24Department of Human Services under Minnesota Rules, chapter 9502. 21.25    (g) new text begin (f) new text end Enclosed stairways. No provision of the code or any appendix chapter of 21.26the code may require stairways of existing multiple dwelling buildings of two stories or 21.27less to be enclosed. 21.28    (h) new text begin (g) new text end Double cylinder dead bolt locks. No provision of the code or appendix 21.29chapter of the code may prohibit double cylinder dead bolt locks in existing single-family 21.30homes, townhouses, and first floor duplexes used exclusively as a residential dwelling. 21.31Any recommendation or promotion of double cylinder dead bolt locks must include a 21.32warning about their potential fire danger and procedures to minimize the danger. 21.33    (i) new text begin (h) new text end Relocated residential buildings. A residential building relocated within 21.34or into a political subdivision of the state need not comply with the State Energy Code 21.35or section 326.371 provided that, where available, an energy audit is conducted on the 21.36relocated building. 22.1    (j) new text begin (i) new text end Automatic garage door opening systems. The code must require all 22.2residential buildings as defined in section 325F.82 to comply with the provisions of 22.3sections 325F.82 and 325F.83. 22.4    (k) new text begin (j) new text end Exit sign illumination. For a new building on which construction is begun 22.5on or after October 1, 1993, or an existing building on which remodeling affecting 50 22.6percent or more of the enclosed space is begun on or after October 1, 1993, the code must 22.7prohibit the use of internally illuminated exit signs whose electrical consumption during 22.8nonemergency operation exceeds 20 watts of resistive power. All other requirements in 22.9the code for exit signs must be complied with. 22.10    (l) new text begin (k) new text end Exterior wood decks, patios, and balconies. The code must permit the 22.11decking surface and upper portions of exterior wood decks, patios, and balconies to be 22.12constructed of (1) heartwood from species of wood having natural resistance to decay or 22.13termites, including redwood and cedars, (2) grades of lumber which contain sapwood from 22.14species of wood having natural resistance to decay or termites, including redwood and 22.15cedars, or (3) treated wood. The species and grades of wood products used to construct the 22.16decking surface and upper portions of exterior decks, patios, and balconies must be made 22.17available to the building official on request before final construction approval. 22.18    (m) new text begin (l) new text end Bioprocess piping and equipment. No permit fee for bioprocess piping may 22.19be imposed by municipalities under the State Building Code, except as required under 22.20section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section 22.21326.47 administered by the Department of Labor and Industry. All data regarding the 22.22material production processes, including the bioprocess system's structural design and 22.23layout, are nonpublic data as provided by section 13.7911. 22.24    Subd. 3a. Recycling space. The code must require suitable space for the separation, 22.25collection, and temporary storage of recyclable materials within or adjacent to new or 22.26significantly remodeled structures that contain 1,000 square feet or more. Residential 22.27structures with fewer than four dwelling units are exempt from this subdivision. 22.28    Subd. 4. Review of plans for public buildings and state licensed facilities. 22.29    Construction or remodeling may not begin on any public building or state licensed facility 22.30until the plans and specifications have been approved by the commissioner or municipality 22.31under contractual agreement pursuant to subdivision 1a. The plans and specifications must 22.32be submitted for review, and within 30 days after receipt of the plans and specifications, 22.33the commissioner or municipality under contractual agreement shall notify the submitting 22.34authority of any corrections. 22.35    Subd. 5. Accessibility. (a) Public buildings. The code must provide for making 22.36public buildings constructed or remodeled after July 1, 1963, accessible to and usable by 23.1physically disabled persons new text begin with disabilities new text end , although this does not require the remodeling 23.2of public buildings solely to provide accessibility and usability to the physically disabled new text begin new text end 23.3 new text begin persons with disabilities new text end when remodeling would not otherwise be undertaken. 23.4    (b) Leased space. No agency of the state may lease space for agency operations 23.5in a non-state-owned building unless the building satisfies the requirements of the State 23.6Building Code for accessibility by the physically disabled new text begin persons with disabilities new text end , or 23.7is eligible to display the state symbol of accessibility. This limitation applies to leases 23.8of 30 days or more for space of at least 1,000 square feet. 23.9    (c) Meetings or conferences. Meetings or conferences for the public or for state 23.10employees which are sponsored in whole or in part by a state agency must be held in 23.11buildings that meet the State Building Code requirements relating to accessibility for 23.12physically disabled persons new text begin with disabilities new text end . This subdivision does not apply to any 23.13classes, seminars, or training programs offered by the Minnesota State Colleges and 23.14Universities or the University of Minnesota. Meetings or conferences intended for specific 23.15individuals none of whom need the accessibility features for disabled persons new text begin with new text end 23.16 new text begin disabilities new text end specified in the State Building Code need not comply with this subdivision 23.17unless a disabled person new text begin with a disability new text end gives reasonable advance notice of an intent to 23.18attend the meeting or conference. When sign language interpreters will be provided, 23.19meetings or conference sites must be chosen which allow hearing impaired participants to 23.20see their signing clearly. 23.21    (d) Exemptions. The commissioner may grant an exemption from the requirements 23.22of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable 23.23efforts were made to secure facilities which complied with those requirements and if the 23.24selected facilities are the best available for access for disabled persons new text begin with disabilities new text end . 23.25Exemptions shall be granted using criteria developed by the commissioner in consultation 23.26with the Council on Disability. 23.27    (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation 23.28International's Eleventh World Congress is the state symbol indicating buildings, facilities, 23.29and grounds which are accessible to and usable by disabled persons new text begin with disabilities new text end . In 23.30the interests of uniformity, this symbol is the sole symbol for display in or on all public 23.31or private buildings, facilities, and grounds which qualify for its use. The secretary of 23.32state shall obtain the symbol and keep it on file. No building, facility, or grounds may 23.33display the symbol unless it is in compliance with the rules adopted by the commissioner 23.34under subdivision 1. Before any rules are proposed for adoption under this paragraph, 23.35the commissioner shall consult with the Council on Disability. Rules adopted under this 24.1paragraph must be enforced in the same way as other accessibility rules of the State 24.2Building Code. 24.3    (f) Municipal enforcement. Municipalities which have not adopted the State 24.4Building Code may enforce the building code requirements for disabled persons new text begin with new text end 24.5 new text begin disabilities new text end by either entering into a joint powers agreement for enforcement with another 24.6municipality which has adopted the State Building Code; or contracting for enforcement 24.7with an individual certified under section 16B.65, subdivision 3, to enforce the State 24.8Building Code. 24.9    (g) Equipment allowed. The code must allow the use of vertical wheelchair lifts 24.10and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair 24.11lift must be equipped with light or sound signaling device for use during operation of the 24.12lift. The stairway or ramp shall be marked in a bright color that clearly indicates the 24.13outside edge of the lift when in operation. The code shall not require a guardrail between 24.14the lift and the stairway or ramp. Compliance with this provision by itself does not mean 24.15other disability accessibility requirements have been met. 24.16    Subd. 6. Energy efficiency. The code must provide for building new low-income 24.17housing in accordance with energy efficiency standards adopted under subdivision 1. 24.18For purposes of this subdivision, low-income housing means residential housing built 24.19for low-income persons and families under a program of a housing and redevelopment 24.20authority, the Minnesota Housing Finance Agency, or another entity receiving money 24.21from the state to construct such housing. 24.22    Subd. 7. Access for the hearing-impaired. All rooms in the State Office Building 24.23and in the Capitol that are used by the house of representatives or the senate for legislative 24.24hearings, and the public galleries overlooking the house and senate chambers, must 24.25be fitted with assistive listening devices for the hearing-impaired. Each hearing room 24.26and the public galleries must have a sufficient number of receivers available so that 24.27hearing-impaired members of the public may participate in the committee hearings and 24.28public sessions of the house and senate. 24.29    Subd. 8. Separate metering for electric service. The standards concerning heat 24.30loss, illumination, and climate control adopted pursuant to subdivision 1, shall require 24.31that electrical service to individual dwelling units in buildings containing two or more 24.32units be separately metered, with individual metering readily accessible to the individual 24.33occupants. The standards authorized by this subdivision shall only apply to buildings 24.34constructed after the effective date of the amended standards. Buildings intended for 24.35occupancy primarily by persons who are 62 years of age or older or disabled, or which 25.1contain a majority of units not equipped with complete kitchen facilities, shall be exempt 25.2from the provisions of this subdivision. 25.3    Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read: 25.4    Subd. 4. Rules. The commissioner of administration shall adopt rules to implement 25.5this section. The rules may provide for a greater ratio of women's to men's facilities 25.6for certain types of occupancies than is required in subdivision 3, and may apply the 25.7required ratios to categories of occupancies other than those defined as places of public 25.8accommodation under subdivision 1. 25.9    Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read: 25.1016B.617 ENERGY CODE RULES REMAIN IN EFFECT. 25.11    (a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter 25.127670, does not expire on April 15, 2000, but remains in effect for residential buildings not 25.13covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter 25.147670, that apply to category 1 buildings govern new, detached single one- and two-family 25.15R-3 occupancy residential buildings. All new, detached single one- and two-family R-3 25.16occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application 25.17for a building permit after April 14, 2000, must meet the requirements for category 1 25.18buildings, as set out in Minnesota Rules, chapter 7670. 25.19    (b) As an alternative to compliance with paragraph (a), compliance with Minnesota 25.20Rules, chapters 7672 and 7674, is optional for a contractor or owner. 25.21    (c) The Department of Administration, Building Codes and Standards Division 25.22(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost 25.23benefit, as well as air quality, building durability, moisture, enforcement, enforceability, 25.24and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and 25.257674. The report must include a feasibility study of establishing new criteria for category 25.262 detached single one- and two-family R-3 occupancy buildings that are energy efficient, 25.27enforceable, and provide sufficient nonmechanical ventilation or permeability for a home 25.28to maintain good air quality, building durability, and adequate release of moisture. 25.29    (d) new text begin (c) new text end This section expires when the commissioner of administration adopts a new 25.30energy code in accordance with Laws 2002, chapter 317, section 4. 25.31    Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read: 25.3216B.6175 ENERGY CODE. 26.1    Notwithstanding section 16B.617, the commissioner of administration, in 26.2consultation with the Construction Codes Advisory Council, shall explore and review the 26.3availability and appropriateness of any model energy codes related to the construction 26.4of single one- and two-family residential buildings. In consultation with the council, the 26.5commissioner shall take steps to adopt the chosen code with all necessary and appropriate 26.6amendments. 26.7    The commissioner may not adopt all or part of a model energy code relating to 26.8the construction of residential buildings without research and analysis that addresses, 26.9at a minimum, air quality, building durability, moisture, enforcement, enforceability 26.10cost benefit, and liability. The research and analysis must be completed in cooperation 26.11with practitioners in residential construction and building science and an affirmative 26.12recommendation by the Construction Codes Advisory Council. 26.13    Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read: 26.1416B.63 STATE BUILDING OFFICIAL. 26.15    Subdivision 1. Appointment. The commissioner shall appoint a state building 26.16official who under the direction and supervision of the commissioner shall administer 26.17the code. 26.18    Subd. 2. Qualifications. To be eligible for appointment as state building official an 26.19individual must be competent in the field of administration and shall have the experience 26.20in building design, construction, and supervision which the commissioner considers 26.21necessary. 26.22    Subd. 3. Powers and duties. The state building official may, with the approval of 26.23the commissioner, employ personnel necessary to carry out the inspector's function under 26.24sections 16B.59 to 16B.75. The state building official shall distribute without charge 26.25one copy new text begin a printed or electronic version new text end of the code to each municipality within the state. 26.26Additional copies new text begin A printed or electronic version of the code new text end shall be made available 26.27to municipalities and interested parties for a fee prescribed by the commissioner. The 26.28state building official shall perform other duties in administering the code assigned by 26.29the commissioner. 26.30    Subd. 4. Accessibility specialists. The state building official shall, with the 26.31approval of the commissioner, assign three department employees to assist municipalities 26.32in complying with section 16B.61, subdivision 5. 26.33    Subd. 5. Interpretative authority. To achieve uniform and consistent application 26.34of the State Building Code, the state building official new text begin commissioner new text end has final interpretative 26.35authority applicable to all codes adopted as part of the State Building Code except for the 27.1Plumbing Code and the Electrical Code when enforced by the State Board of Electricity. 27.2A final interpretative committee composed of seven members, consisting of three 27.3building officials, two inspectors from the affected field, and two construction industry 27.4representatives, shall review requests for final interpretations relating to that field. A 27.5request new text begin for which the commissioner has final interpretative authority. The Plumbing Board new text end 27.6 new text begin has final interpretative authority applicable to the State Plumbing Code and shall review new text end 27.7 new text begin requests for final interpretation made to the board that relate to the State Plumbing Code. new text end 27.8 new text begin The Board of Electricity has final interpretative authority applicable to the State Electrical new text end 27.9 new text begin Code and shall review requests for final interpretation made to the board that relate to the new text end 27.10 new text begin State Electrical Code. The Board of High Pressure Piping Systems has final interpretative new text end 27.11 new text begin authority applicable to the State High Pressure Piping Code and shall review requests new text end 27.12 new text begin for final interpretation made to the board that relate to the State High Pressure Piping new text end 27.13 new text begin Code. Except for requests for final interpretations that relate to the State Plumbing Code, new text end 27.14 new text begin the State Electrical Code, and the State High Pressure Piping Code, requests new text end for final 27.15interpretation must come from a local or state level building code board of appeals. The 27.16state building official new text begin commissioner new text end must establish procedures for membership of the new text begin final new text end 27.17interpretative committees. The appropriate committee shall review the request and make 27.18a recommendation to the state building official new text begin commissioner new text end for the final interpretation 27.19within 30 days of the request. The state building official new text begin commissioner new text end must issue an new text begin final new text end 27.20interpretation within ten business days from new text begin after the receipt of new text end the recommendation from 27.21the review new text begin final interpretive new text end committee. A new text begin The Plumbing Board, the Board of Electricity, new text end 27.22 new text begin or the Board of High Pressure Piping Systems shall review a request and issue a final new text end 27.23 new text begin interpretation within 30 days of the request. Any person aggrieved by a new text end final interpretation 27.24may be appealed new text begin appeal the interpretation new text end within 30 days of its issuance to new text begin by new text end the 27.25commissioner under section new text begin or the board in accordance with chapter 14 new text end . The 27.26final interpretation must be published within ten business days of its issuance and made 27.27available to the public. Municipal building officials shall administer all final interpretations 27.28issued by the state building official new text begin commissioner, the Plumbing Board, the Board of new text end 27.29 new text begin Electricity, or the Board of High Pressure Piping Systems new text end until the final interpretations 27.30are considered new text begin by the commissioner, the Plumbing Board, the Board of Electricity, or the new text end 27.31 new text begin Board of High Pressure Piping Systems new text end for adoption as part of the State Building Code new text begin , new text end 27.32 new text begin State Plumbing Code, State Electrical Code, and the State High Pressure Piping Code new text end . 27.33    Sec. 11. Minnesota Statutes 2006, section 16B.64, is amended by adding a subdivision 27.34to read: 28.1     new text begin Subd. 8. new text end new text begin Effective date of rules. new text end new text begin A rule to adopt or amend the state building code new text end 28.2 new text begin is effective 180 days after the filing of the rule with the secretary of state under section new text end 28.3 new text begin 14.16 or 14.26. The rule may provide for a different effective date if the commissioner or new text end 28.4 new text begin board proposing the rule finds that a different effective date is necessary to protect public new text end 28.5 new text begin health and safety after considering, among other things, the need for time for training of new text end 28.6 new text begin individuals to comply with and enforce the rule. new text end 28.7    Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read: 28.816B.65 BUILDING OFFICIALS. 28.9    Subdivision 1. Designation. By January 1, 2002, Each municipality shall designate 28.10a building official to administer the code. A municipality may designate no more than one 28.11building official responsible for code administration defined by each certification category 28.12established in rule. Two or more municipalities may combine in the designation of a 28.13building official for the purpose of administering the provisions of the code within their 28.14communities. In those municipalities for which no building officials have been designated, 28.15the state building official may use whichever state employees are necessary to perform 28.16the duties of the building official until the municipality makes a temporary or permanent 28.17designation. All costs incurred by virtue of these services rendered by state employees 28.18must be borne by the involved municipality and receipts arising from these services must 28.19be paid into the state treasury and credited to the special revenue fund new text begin to the commissioner new text end . 28.20    Subd. 2. Qualifications. A building official, to be eligible for designation, must 28.21be certified and have the experience in design, construction, and supervision which 28.22the commissioner deems necessary and must be generally informed on the quality and 28.23strength of building materials, accepted building construction requirements, and the nature 28.24of equipment and needs conducive to the safety, comfort, and convenience of building 28.25occupants. No person may be designated as a building official for a municipality unless 28.26the commissioner determines that the official is qualified as provided in subdivision 3. 28.27    Subd. 3. Certification. The commissioner shall new text begin by rule establish certification new text end 28.28 new text begin criteria as proof of qualification pursuant to subdivision 2. The commissioner may new text end : 28.29    (1) prepare and conduct new text begin develop and administer new text end written and practical examinations 28.30to determine if a person is qualified pursuant to subdivision 2 to be a building official; 28.31    (2) accept documentation of successful completion of testing programs developed 28.32 new text begin and administered new text end by nationally recognized testing agencies, as proof of qualification 28.33pursuant to subdivision 2; or 28.34    (3) determine qualifications by both clauses (1) and (2) new text begin satisfactory completion of new text end 28.35 new text begin clause (2) and a mandatory training program developed or approved by the commissioner new text end . 29.1    Upon a determination of qualification under clause (1), (2), or both of them new text begin (3) new text end , 29.2the commissioner shall issue a certificate to the building official stating that the official 29.3is certified. Each person applying for examination and certification pursuant to this 29.4section shall pay a nonrefundable fee of $70. The commissioner or a designee may 29.5establish categories of certification that will recognize the varying complexities of code 29.6enforcement in the municipalities within the state. The commissioner shall provide 29.7educational programs designed to train and assist building officials in carrying out their 29.8responsibilities. 29.9    The Department of Employee Relations may, at the request of the commissioner, 29.10provide statewide testing services. 29.11    Subd. 4. Duties. Building officials shall, in the municipality for which they 29.12are designated, be responsible for all aspects of code administration for which they 29.13are certified, including the issuance of all building permits and the inspection of all 29.14manufactured home installations. The commissioner may direct a municipality with 29.15a building official to perform services for another municipality, and in that event the 29.16municipality being served shall pay the municipality rendering the services the reasonable 29.17costs of the services. The costs may be subject to approval by the commissioner. 29.18    Subd. 5. Oversight committee. (a) The commissioner shall establish a Code 29.19Administration Oversight Committee to evaluate, mediate, and new text begin that will, at the new text end 29.20 new text begin commissioner's request, new text end recommend to the commissioner any administrative action, 29.21penalty, suspension, or revocation with respect new text begin appropriate action pursuant to section new text end 29.22 new text begin 326B.82, in response new text end to complaints filed with or information received new text begin or obtained new text end by the 29.23commissioner alleging or indicating new text begin that supports a finding that: (1) an individual has new text end 29.24 new text begin engaged in, or is about to engage in, new text end the unauthorized performance of official new text begin the new text end duties 29.25 new text begin of a certified building official new text end or new text begin the new text end unauthorized use of the title certified building official, 29.26 new text begin title; new text end or a violation of new text begin (2) a certified building official has violated a new text end statute, rule, new text begin stipulation, new text end 29.27 new text begin agreement, settlement, compliance agreement, cease and desist agreement, new text end or order that 29.28the commissioner has new text begin adopted, new text end issued new text begin , new text end or is empowered new text begin has the authority new text end to enforce new text begin and new text end 29.29 new text begin that is related to the duties of a certified building official new text end . 29.30     new text begin (b) new text end The committee consists new text begin shall consist new text end of new text begin six members. One member shall be the new text end 29.31 new text begin commissioner's designee and new text end five new text begin members shall be new text end certified building officials, new text begin who are new text end 29.32 new text begin appointed by the commissioner. new text end At least two of whom new text begin the appointed certified building new text end 29.33 new text begin officials new text end must be from nonmetropolitan counties. new text begin For the new text end committee members must be 29.34compensated according to new text begin who are not state officials or employees, their compensation new text end 29.35 new text begin and removal from the oversight committee is governed by new text end section 15.059, subdivision 3. 29.36The commissioner's designee shall act as an ex-officio member of the oversight committee new text begin new text end 30.1 new text begin serve as the chair of the oversight committee and shall not vote new text end . new text begin The terms of the appointed new text end 30.2 new text begin members of the oversight committee shall be four years. The terms of three of the new text end 30.3 new text begin appointed members shall be coterminous with the governor and the terms of the remaining new text end 30.4 new text begin two appointed members shall end on the first Monday in January one year after the terms new text end 30.5 new text begin of the other appointed members expire. An appointed member may be reappointed. The new text end 30.6 new text begin committee is not subject to the expiration provisions of section 15.059, subdivision 5. new text end 30.7    (b) new text begin (c) new text end If the commissioner has a reasonable basis to believe new text begin determines new text end that 30.8a person new text begin an individual new text end has engaged in an act or practice constituting the unauthorized 30.9performance of official new text begin the new text end duties, new text begin of a certified building official or new text end the unauthorized use 30.10of the title certified building official new text begin title new text end , or new text begin that new text end a violation of new text begin certified building official new text end 30.11 new text begin has violated new text end a statute, rule, new text begin stipulation, agreement, settlement, compliance agreement, new text end 30.12 new text begin cease and desist agreement, new text end or order that the commissioner has new text begin adopted, new text end issued new text begin , new text end or is 30.13empowered new text begin authorized new text end to enforce new text begin that is related to the duties of a certified building official new text end , 30.14the commissioner may proceed with new text begin take new text end administrative actions or penalties as described 30.15in subdivision 5a or suspension or revocation as described in subdivision 5b. new text begin against the new text end 30.16 new text begin individual pursuant to section 326B.082, subdivisions 7 and 11. new text end 30.17    Subd. 5a. Administrative action and penalties. The commissioner shall, by rule, 30.18establish a graduated schedule of administrative actions for violations of sections 30.19to and rules adopted under those sections. The schedule must be based on and 30.20reflect the culpability, frequency, and severity of the violator's actions. The commissioner 30.21may impose a penalty from the schedule on a certification holder for a violation of sections 30.22 to and rules adopted under those sections. The penalty is in addition to 30.23any criminal penalty imposed for the same violation. Administrative monetary penalties 30.24imposed by the commissioner must be paid to the special revenue fund. 30.25    Subd. 5b. Suspension; revocation. new text begin Grounds. new text end Except as otherwise provided for by 30.26law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue 30.27or reissue a building official certification if the applicant, building official, or certification 30.28holder: new text begin In addition to the grounds set forth in section 326B.082, subdivision 11, the new text end 30.29 new text begin commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or new text end 30.30 new text begin may censure an applicant or individual holding a certificate, if the applicant or individual: new text end 30.31    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those 30.32sections; new text begin or new text end 30.33    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a 30.34certified building official; new text begin . new text end 30.35    (3) makes a false statement in an application submitted to the commissioner or in a 30.36document required to be submitted to the commissioner; or 31.1    (4) violates an order of the commissioner. 31.2    Notice must be provided and the hearing conducted in accordance with the provisions 31.3of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or 31.4otherwise affects the authority of a municipality to dismiss or suspend a building official 31.5at its discretion, except as otherwise provided for by law. 31.6     new text begin Subd. 5c. new text end new text begin Action against unlicensed persons. new text end new text begin The commissioner may take any new text end 31.7 new text begin administrative action provided under section 326B.082, against an individual required new text end 31.8 new text begin to be certified under subdivision 3, based upon conduct that would provide grounds for new text end 31.9 new text begin action against a certificate holder under this section. new text end 31.10    Subd. 6. Vacancies. In the event that a designated building official position is 31.11vacant within a municipality, that municipality shall designate a certified building official 31.12to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy 31.13or designation in writing within 15 days. If the municipality fails to designate a certified 31.14building official within 15 days of the occurrence of the vacancy, the state building official 31.15may provide state employees to serve that function as provided in subdivision 1 until the 31.16municipality makes a temporary or permanent designation. Municipalities must not issue 31.17permits without a designated certified building official. 31.18    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the 31.19commissioner may by rule establish or approve continuing education programs for 31.20municipal new text begin certified new text end building officials dealing with matters of building code administration, 31.21inspection, and enforcement. 31.22    Each person certified as a building official for the state must satisfactorily complete 31.23applicable educational programs established or approved by the commissioner every 31.24three calendar years to retain certification. 31.25    Each person certified as a building official must submit in writing to the 31.26commissioner an application for renewal of certification within 60 days of the last day of 31.27the third calendar year following the last certificate issued. Each application for renewal 31.28must be accompanied by proof of satisfactory completion of minimum continuing 31.29education requirements and the certification renewal fee established by the commissioner. 31.30     new text begin Subd. 8. new text end new text begin Renewal. new text end new text begin (a) Subject to sections 16B.59 to 16B.76, the commissioner of new text end 31.31 new text begin labor and industry may by rule adopt standards dealing with renewal requirements. new text end 31.32     new text begin (b) If the commissioner has not issued a notice of denial of application for a new text end 31.33 new text begin certificate holder and if the certificate holder has properly and timely filed a fully completed new text end 31.34 new text begin renewal application, then the certificate holder may continue to engage in building official new text end 31.35 new text begin activities whether or not the renewed certificate has been received. Applications must be new text end 31.36 new text begin made on a form approved by the commissioner. Each application for renewal must be new text end 32.1 new text begin fully completed, and be accompanied by proof of the satisfactory completion of minimum new text end 32.2 new text begin continuing education requirements and the certification renewal fee established by the new text end 32.3 new text begin commissioner. Applications are timely if received prior to the expiration of the most new text end 32.4 new text begin recently issued certificate. An application for renewal that does not contain all of the new text end 32.5 new text begin information requested is an incomplete application and will not be accepted. new text end 32.6     new text begin Subd. 9. new text end new text begin Expiration. new text end new text begin All certificates expire at 11:59:59 p.m. central time on the new text end 32.7 new text begin date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b). new text end 32.8     new text begin Subd. 10. new text end new text begin Failure to renew. new text end new text begin An individual who has failed to make a timely new text end 32.9 new text begin application for renewal of a certificate is not certified and must not serve as the designated new text end 32.10 new text begin building official for any municipality until a renewed certificate has been issued by the new text end 32.11 new text begin commissioner. new text end 32.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 32.13    Sec. 13. Minnesota Statutes 2006, section 16B.70, is amended to read: 32.1416B.70 SURCHARGE. 32.15    Subdivision 1. Computation. To defray the costs of administering sections 32.1616B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities in 32.17connection with the construction of or addition or alteration to buildings and equipment or 32.18appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge 32.19receipts to award grants for code research and development and education. 32.20    If the fee for the permit issued is fixed in amount the surcharge is equivalent to 32.21one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other 32.22permits, the surcharge is as follows: 32.23    (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the 32.24surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, 32.25or alteration; 32.26    (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths 32.27mill (.0004) of the value between $1,000,000 and $2,000,000; 32.28    (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths 32.29mill (.0003) of the value between $2,000,000 and $3,000,000; 32.30    (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth 32.31mill (.0002) of the value between $3,000,000 and $4,000,000; 32.32    (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth 32.33mill (.0001) of the value between $4,000,000 and $5,000,000; and 33.1    (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth 33.2mill (.00005) of the value that exceeds $5,000,000. 33.3    Subd. 2. Collection and reports. All permit surcharges must be collected by each 33.4municipality and a portion of them remitted to the state. Each municipality having a 33.5population greater than 20,000 people shall prepare and submit to the commissioner once 33.6a month a report of fees and surcharges on fees collected during the previous month 33.7but shall retain the greater of two percent or that amount collected up to $25 to apply 33.8against the administrative expenses the municipality incurs in collecting the surcharges. 33.9All other municipalities shall submit the report and surcharges on fees once a quarter 33.10but shall retain the greater of four percent or that amount collected up to $25 to apply 33.11against the administrative expenses the municipalities incur in collecting the surcharges. 33.12The report, which must be in a form prescribed by the commissioner, must be submitted 33.13together with a remittance covering the surcharges collected by the 15th day following 33.14the month or quarter in which the surcharges are collected. All money collected by the 33.15commissioner through surcharges and other fees prescribed by sections to 33.16shall be deposited in the state government special revenue fund and is appropriated to the 33.17commissioner for the purpose of administering and enforcing the State Building Code 33.18under sections to . 33.19    Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed 33.20in subdivision 1 should approximately equal the cost, including the overhead cost, of 33.21administering sections 16B.59 to 16B.75. By November 30 each year, the commissioner 33.22must report to the commissioner of finance and to the legislature on changes in the 33.23surcharge imposed in subdivision 1 needed to comply with this policy. In making this 33.24report, the commissioner must assume that the services associated with administering 33.25sections 16B.59 to 16B.75 will continue to be provided at the same level provided during 33.26the fiscal year in which the report is made. 33.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 33.28    Sec. 14. Minnesota Statutes 2006, section 16B.72, is amended to read: 33.2916B.72 REFERENDA ON STATE BUILDING CODE IN 33.30NONMETROPOLITAN COUNTIES. 33.31    Notwithstanding any other provision of law to the contrary, a county that is not a 33.32metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote 33.33of the majority of its electors residing outside of municipalities that have adopted the State 33.34Building Code before January 1, 1977, that no part of the State Building Code except the 34.1building requirements for disabled persons new text begin with disabilities new text end , the requirements for bleacher 34.2safety, and the requirements for elevator safety applies within its jurisdiction. 34.3    The county board may submit to the voters at a regular or special election the 34.4question of adopting the building code. The county board shall submit the question to 34.5the voters if it receives a petition for the question signed by a number of voters equal 34.6to at least five percent of those voting in the last general election. The question on the 34.7ballot must be stated substantially as follows: 34.8    "Shall the State Building Code be adopted in .......... County?" 34.9    If the majority of the votes cast on the proposition is in the negative, the State 34.10Building Code does not apply in the subject county, outside home rule charter or statutory 34.11cities or towns that adopted the building code before January 1, 1977, except the building 34.12requirements for disabled persons new text begin with disabilities new text end , the requirements for bleacher safety, 34.13and the requirements for elevator safety do apply. 34.14    Nothing in this section precludes a municipality or town that has not adopted the 34.15State Building Code from adopting and enforcing by ordinance or other legal means the 34.16State Building Code within its jurisdiction. 34.17    Sec. 15. Minnesota Statutes 2006, section 16B.73, is amended to read: 34.1816B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 34.19LOCAL OPTION. 34.20    The governing body of a municipality whose population is less than 2,500 may 34.21provide that the State Building Code, except the requirements for disabled persons new text begin with new text end 34.22 new text begin disabilities new text end , the requirements for bleacher safety, and the requirements for elevator 34.23safety, will not apply within the jurisdiction of the municipality, if the municipality is 34.24located in whole or in part within a county exempted from its application under section 34.2516B.72 . If more than one municipality has jurisdiction over an area, the State Building 34.26Code continues to apply unless all municipalities having jurisdiction over the area have 34.27provided that the State Building Code, except the requirements for disabled persons new text begin with new text end 34.28 new text begin disabilities new text end , the requirements for bleacher safety, and the requirements for elevator safety, 34.29does not apply within their respective jurisdictions. Nothing in this section precludes a 34.30municipality or town from adopting and enforcing by ordinance or other legal means the 34.31State Building Code within its jurisdiction. 34.32    Sec. 16. Minnesota Statutes 2006, section 16B.735, is amended to read: 34.3316B.735 ENFORCEMENT OF REQUIREMENTS FOR DISABLED 34.34PERSONS new text begin WITH DISABILITIES new text end . 35.1    A statutory or home rule charter city that is not covered by the State Building Code 35.2because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in 35.3the city of the State Building Code's requirements for disabled persons new text begin with disabilities new text end . In 35.4all other areas where the State Building Code does not apply because of action taken under 35.5section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements. 35.6    Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read: 35.7    Subdivision 1. Applicability. As used in new text begin For the purposes of new text end sections new text begin 16B.61, new text end 35.8 new text begin 16B.72, 16B.73, and new text end 16B.74 to the terms "passenger or freight elevator," 35.9"automatic operation" and "continuous pressure operation" new text begin defined in this section new text end shall 35.10have the following meanings new text begin given them new text end . 35.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.12    Sec. 18. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read: 35.13    Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means 35.14all elevators except those that comply with the safety rules of the department of 35.15Administration relating to construction and installation and that have automatic operation 35.16or continuous pressure operation. 35.17    Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 35.18to read: 35.19     new text begin Subd. 7. new text end new text begin Elevator inspection. new text end new text begin "Elevator inspection" means an examination of new text end 35.20 new text begin elevator installations, repairs, alterations, removal, and construction for compliance with new text end 35.21 new text begin the State Building Code that may include witnessing tests performed on elevators by new text end 35.22 new text begin elevator personnel, performing tests on elevators, or an audit of records related to routine new text end 35.23 new text begin and periodic maintenance and testing, or any combination thereof when performed by the new text end 35.24 new text begin department or a municipality authorized to perform such inspections. new text end 35.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.26    Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision 35.27to read: 35.28     new text begin Subd. 8. new text end new text begin Elevator inspector. new text end new text begin "Elevator inspector" means an individual who meets new text end 35.29 new text begin the requirements established pursuant to section 16B.748, clause (1), who is performing new text end 35.30 new text begin elevator inspections for the department or a municipality authorized to perform such new text end 35.31 new text begin inspections. new text end 36.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.2    Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read: 36.316B.741 ELEVATOR AVAILABLE FOR INSPECTION new text begin AND REPORTING new text end . 36.4     new text begin Subdivision 1. new text end new text begin Elevator available for inspection. new text end A person, firm, entity, or 36.5corporation that owns or controls a building or other structure housing an elevator that is 36.6subject to inspection by the department, shall, upon request, provide access at a reasonable 36.7hour to the elevator for purposes of inspection. 36.8     new text begin Subd. 2. new text end new text begin Persons required to report. new text end new text begin The following persons shall report the new text end 36.9 new text begin information specified in subdivision 3 to the commissioner by January 1, 2008: new text end 36.10     new text begin (a) any person that, between August 1, 2005, and July 31, 2007, has provided new text end 36.11 new text begin service, alteration, repair, or maintenance to any elevator located in Minnesota; new text end 36.12     new text begin (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an new text end 36.13 new text begin agreement to provide service, alteration, repair, or maintenance to any elevator located new text end 36.14 new text begin in Minnesota; new text end 36.15     new text begin (c) any person that owns or controls an elevator located in Minnesota that, between new text end 36.16 new text begin August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or new text end 36.17 new text begin maintenance on the elevator; or new text end 36.18     new text begin (d) any person that owns or controls an elevator located in Minnesota that, between new text end 36.19 new text begin August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service, new text end 36.20 new text begin alteration, repair, or maintenance on the elevator. new text end 36.21     new text begin Subd. 3. new text end new text begin Elevator location, type, and installation date. new text end new text begin On a form prescribed by new text end 36.22 new text begin the commissioner, the persons required to report pursuant to subdivision 2 shall provide new text end 36.23 new text begin the following: new text end 36.24     new text begin (a) the location of each elevator; new text end 36.25     new text begin (b) the type of each elevator; and new text end 36.26     new text begin (c) the date the elevator was installed. new text end 36.27     new text begin Subd. 4. new text end new text begin Definition. new text end new text begin As used in this section, "elevator" is as defined in section new text end 36.28 new text begin 16B.74, subdivision 5. new text end 36.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.30    Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read: 36.3116B.744 ELEVATORS, ENTRANCES SEALED. 36.32    It shall be the duty of the department of Administration and the licensing authority 36.33of any municipality which adopts any such ordinance whenever it finds any such elevator 37.1under its jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745 to 37.2seal the entrances of such elevator and attach a notice forbidding the use of such elevator 37.3until the provisions thereof are complied with. 37.4    Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read: 37.5    Subdivision 1. Removal of seal. No person, firm, or corporation may remove any 37.6seal or notice forbidding the use of an elevator, except by authority of the department of 37.7Administration or the licensing authority having jurisdiction over the elevator, or operate 37.8an elevator after a notice has been attached forbidding its use, unless the notice has been 37.9removed by authority of the department of Administration or the licensing authority 37.10having jurisdiction over the elevator. 37.11    Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read: 37.12    Subd. 4. Penalties. The commissioner of administration shall administer sections 37.1316B.74 to 16B.749. In addition to the remedies provided for violations of this chapter, 37.14the commissioner may impose a penalty of up to $1,000 new text begin $10,000 new text end for a violation of any 37.15provision of sections 16B.74 to 16B.749. 37.16    Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read: 37.1716B.747 FEES FOR LICENSURE AND INSPECTION new text begin PERMIT new text end . 37.18    Subdivision 1. Permits. No person, firm, or corporation may construct, install, alter, 37.19or remove an elevator without first filing an application for a permit with the department 37.20of Administration or a municipality authorized by subdivision 3 to inspect elevators. 37.21Upon successfully completing inspection and the payment of the appropriate fee, the 37.22owner must be granted an operating permit for the elevator. 37.23     new text begin Subd. 1a. new text end new text begin Annual operating permit. new text end new text begin No person may operate an elevator without new text end 37.24 new text begin first obtaining an annual operating permit from the department or a municipality new text end 37.25 new text begin authorized by subdivision 3 to issue annual operating permits. A $100 annual operating new text end 37.26 new text begin permit fee must be paid to the department for each annual operating permit issued by the new text end 37.27 new text begin department, except that the original annual operating permit must be included in the new text end 37.28 new text begin permit fee for the initial installation of the elevator. Annual operating permits must be new text end 37.29 new text begin issued at 12-month intervals from the date of the initial annual operating permit. For each new text end 37.30 new text begin subsequent year, an owner must be granted an annual operating permit for the elevator new text end 37.31 new text begin upon the owner's or owner's agent's submission of a form prescribed by the commissioner new text end 37.32 new text begin and payment of the $100 fee. Each form must include the location of the elevator, the new text end 37.33 new text begin results of any periodic test required by the code, and any other criteria established by rule. new text end 38.1 new text begin An annual operating permit may be revoked by the commissioner upon an audit of the new text end 38.2 new text begin periodic testing results submitted with the application or a failure to comply with elevator new text end 38.3 new text begin code requirements, inspections, or any other law related to elevators. new text end 38.4    Subd. 2. Contractor licenses. The commissioner may establish criteria for the 38.5qualifications of elevator contractors and issue licenses based upon proof of the applicant's 38.6qualifications. 38.7    Subd. 3. Permissive municipal regulation. A municipality may conduct a system 38.8of elevator inspection in conformity with this chapter, State Building Code requirements, 38.9and adopted rules that includes the inspection of elevator installation, repair, alteration, 38.10and removal, construction, and the routine and periodic inspection and testing of existing 38.11elevators new text begin , and the issuance of annual operating permits new text end . The municipality shall employ 38.12inspectors meeting the minimum requirements established by Minnesota Rules to perform 38.13the inspections and to witness the tests. A municipality may establish and retain its own 38.14fees for inspection of elevators and related devices in its jurisdiction. new text begin A municipality may new text end 38.15 new text begin establish and retain its own fees for issuance of annual operating permits for elevators new text end 38.16 new text begin in its jurisdiction. new text end A municipality may not adopt standards that do not conform to the 38.17uniform standards prescribed by the department. 38.18    If the commissioner determines that a municipality is not properly administering 38.19and enforcing the law, rules, and codes, the commissioner shall have the inspection, 38.20administration, and enforcement undertaken by a qualified inspector employed by the 38.21department. 38.22    Subd. 4. Deposit of fees. Fees received under this section must be deposited in the 38.23state treasury and credited to the special revenue fund. 38.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 38.25    Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read: 38.2616B.748 RULES. 38.27    The commissioner may adopt rules for the following purposes: 38.28    (1) to establish minimum qualifications for elevator inspectors that must include 38.29possession of a current elevator constructor electrician's license issued by the State Board 38.30of Electricity new text begin department new text end and proof of successful completion of the national elevator 38.31industry education program examination or equivalent experience; 38.32     new text begin (2) to establish minimum qualifications for limited elevator inspectors; new text end 38.33    (2) new text begin (3) new text end to establish criteria for the qualifications of elevator contractors; 39.1    (3) new text begin (4) new text end to establish elevator standards under sections 16B.61, subdivisions 1 and 39.22 , and 16B.64; 39.3    (4) new text begin (5) new text end to establish procedures for appeals of decisions of the commissioner under 39.4chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek 39.5advice from the elevator trade, building owners or managers, and others knowledgeable in 39.6the installation, construction, and repair of elevators; and 39.7    (5) new text begin (6) new text end to establish requirements for the registration of all elevators. 39.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.9    Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read: 39.1016B.76 CONSTRUCTION CODES ADVISORY COUNCIL. 39.11    Subdivision 1. Membership. (a) The Construction Codes Advisory Council 39.12consists of the following members: 39.13    (1) the commissioner of administration or the commissioner's designee representing 39.14the department's Building Codes and Standards new text begin Construction Codes and Licensing new text end 39.15Division; 39.16    (2) the commissioner of health or the commissioner's designee representing an 39.17Environmental Health Section of the department; 39.18    (3) new text begin (2) new text end the commissioner of public safety or the commissioner's new text begin commissioner of new text end 39.19 new text begin public safety's new text end designee representing the department's new text begin Department of Public Safety's new text end State 39.20Fire Marshal Division; 39.21    (4) the commissioner of commerce or the commissioner's designee representing 39.22the department's State Energy Office; and 39.23    (5) new text begin (3) new text end one member representing new text begin , appointed by the commissioner, engaged in new text end each 39.24of the following occupations or entities, appointed by the commissioner of administration new text begin new text end 39.25 new text begin or industries new text end : 39.26    (i) a certified building official new text begin officials new text end ; 39.27    (ii) a fire service representative new text begin chiefs or fire marshals new text end ; 39.28    (iii) a licensed architect new text begin architects new text end ; 39.29    (iv) a licensed engineer new text begin professional engineers new text end ; 39.30    (v) a building owners and managers representative new text begin commercial building owners new text end 39.31 new text begin and managers new text end ; 39.32    (vi) a new text begin the new text end licensed residential building contractor new text begin industry new text end ; 39.33    (vii) a new text begin the new text end commercial building contractor new text begin industry new text end ; 39.34    (viii) a new text begin the new text end heating and ventilation contractor new text begin industry new text end ; 40.1    (ix) a new text begin member of the new text end Plumbing contractor new text begin Board new text end ; 40.2    (x) a representative of a construction and building trades union; and new text begin member of new text end 40.3 new text begin the Board of Electricity; new text end 40.4    (xi) a local unit of government representative. new text begin (xi) new text end new text begin a member of the Board of High new text end 40.5 new text begin Pressure Piping Systems; new text end 40.6     new text begin (xii) the boiler industry; new text end 40.7     new text begin (xiii) the manufactured housing industry; new text end 40.8     new text begin (xiv) public utility suppliers; new text end 40.9     new text begin (xv) the Minnesota Building and Construction Trades Council; and new text end 40.10     new text begin (xvi) local units of government. new text end 40.11    (b) new text begin The commissioner or the commissioner's designee representing the department's new text end 40.12 new text begin Construction Codes and Licensing Division shall serve as chair of the advisory council. new text end 40.13For members who are not state officials or employees, terms, compensation, new text begin and new text end removal, 40.14and the filling of vacancies new text begin of members of the advisory council new text end are governed by section 40.1515.059 . The council shall select one of its members to serve as chair. new text begin The terms of the new text end 40.16 new text begin members of the advisory council shall be four years. The terms of eight of the appointed new text end 40.17 new text begin members shall be coterminous with the governor and the terms of the remaining nine new text end 40.18 new text begin appointed members shall end on the first Monday in January one year after the terms of new text end 40.19 new text begin the other appointed members expire. An appointed member may be reappointed. Each new text end 40.20 new text begin council member shall appoint an alternate to serve in their absence. The committee is not new text end 40.21 new text begin subject to the expiration provision of section 15.059, subdivision 5. new text end 40.22    (c) The council expires June 30, 2003. 40.23    Subd. 2. Duties of council. The council shall review laws, codes, rules, standards, 40.24and licensing requirements relating to building construction and may: 40.25    (1) recommend ways to eliminate inconsistencies, to streamline construction 40.26regulation and construction processes new text begin procedures new text end , and to improve procedures within 40.27and among jurisdictions; 40.28    (2) review and comment on current and proposed laws and rules to promote 40.29coordination and consistency; 40.30    (3) advise agencies on possible changes in rules to make them easier to understand 40.31and apply; and 40.32    (4) promote the coordination, within each jurisdiction, of the administration and 40.33enforcement of construction codes. 40.34     new text begin The council shall meet a minimum of four times each year. new text end The council shall 40.35report its findings and recommendations to the commissioner of administration and 40.36the head of any other affected agency by the end of each calendar year. The council 41.1may new text begin shall new text end recommend changes in laws or rules governing building construction. The 41.2council may new text begin shall new text end establish subcommittees to facilitate its work. If the council establishes 41.3subcommittees, it shall include in their memberships representation from entities and 41.4organizations expressing an interest in membership. The commissioner of administration 41.5shall maintain a list of interested entities and organizations. 41.6    Subd. 3. Agency cooperation. State agencies and local governmental units shall 41.7cooperate with the council and, so far as possible, provide information or assistance to 41.8it upon its request. The commissioner of administration shall provide necessary staff 41.9and administrative support to the council. 41.10    Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read: 41.11326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS. 41.12    (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning, 41.13fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for 41.14all work entered into within the state. The bond must be for the benefit of persons suffering 41.15financial loss by reason of the contractor's failure to comply with the requirements of the 41.16State Mechanical Code. A bond given to the state must be filed with the commissioner 41.17of administration and is in lieu of all other bonds to any political subdivision required for 41.18work covered by this section. The bond must be written by a corporate surety licensed to 41.19do business in the state. 41.20    (b) The commissioner of administration may charge each person giving bond under 41.21this section an annual bond filing fee of $15. The money must be deposited in a special 41.22revenue fund and is appropriated to the commissioner to cover the cost of administering 41.23the bond program. 41.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 41.25    Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read: 41.26    Subd. 2. Authorized representative. "Authorized representative" means any 41.27person, firm or corporation, or employee thereof, approved or hired by the commissioner new text begin new text end 41.28 new text begin of labor and industry new text end to perform inspection services. 41.29    Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read: 41.30    Subd. 3. Manufactured Home Building Code. "Manufactured Home Building 41.31Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June 41.3215, 1976, the standards code promulgated by the American National Standards Institute 42.1and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971, 42.2or the provisions of the National Fire Protection Association and identified as NFPA 501B, 42.3and further revisions adopted by the commissioner new text begin of labor and industry new text end . 42.4    "Manufactured Home Building Code" means, for manufactured homes constructed 42.5after June 14, 1976, the manufactured home construction and safety standards promulgated 42.6by the United States Department of Housing and Urban Development which are in effect 42.7at the time of the manufactured home's manufacture. 42.8    Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read: 42.9    Subd. 4. Commissioner. "Commissioner" means the commissioner of 42.10administration new text begin labor and industry new text end . 42.11    Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision 42.12to read: 42.13     new text begin Subd. 6a. new text end new text begin Individual. new text end new text begin "Individual" means a human being. new text end 42.14    Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read: 42.15    Subd. 7. Person. "Person" means a person, partnership, corporation or other legal 42.16entity new text begin any individual, limited liability company, corporation, partnership, incorporated new text end 42.17 new text begin or unincorporated association, sole proprietorship, joint stock company, or any other new text end 42.18 new text begin legal or commercial entity new text end . 42.19    Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read: 42.20    Subd. 15. Purchaser. "Purchaser" means the first person new text begin individual new text end purchasing a 42.21manufactured home in good faith for purposes other than resale. 42.22    Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read: 42.23    Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer 42.24shall establish and maintain records, make reports, and provide information as the 42.25commissioner or the secretary may reasonably require to be able to determine whether 42.26the manufacturer, distributor, or dealer has acted or is acting in compliance with sections 42.27327.31 to 327.35, and shall, upon request of a person duly designated by the commissioner 42.28or the secretary, permit that person to inspect appropriate books, papers, records, and 42.29documents relevant to determining whether that manufacturer, distributor, or dealer 42.30has acted or is acting in compliance with sections 327.31 to 327.35, and the National 42.31Manufactured Home Construction and Safety Standards Act of 1974, United States 43.1Code, title 42, section 5401, et seq., as amended new text begin by the National Manufactured Housing new text end 43.2 new text begin Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement new text end 43.3 new text begin Act of 2000 new text end , or other applicable federal or state law. 43.4    Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read: 43.5    Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals, 43.6installation seals and inspections which are sufficient to cover all costs incurred in the 43.7administration of sections 327.31 to 327.35. The commissioner shall also establish by 43.8rule a monitoring inspection fee in an amount that will comply with the secretary's fee 43.9distribution program. This monitoring inspection fee shall be an amount paid by the 43.10manufacturer for each manufactured home produced in Minnesota. The monitoring 43.11inspection fee shall be paid by the manufacturer to the secretary. The rules of the 43.12fee distribution program require the secretary to distribute the fees collected from all 43.13manufactured home manufacturers among states approved and conditionally approved 43.14based on the number of new manufactured homes whose first location after leaving the 43.15manufacturer is on the premises of a distributor, dealer or purchaser in that state. All 43.16money collected by the commissioner through fees prescribed by sections to 43.17 shall be deposited in the state government special revenue fund and is appropriated 43.18to the commissioner for the purpose of administering and enforcing the Manufactured 43.19Home Building Code under sections to . 43.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 43.21    Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read: 43.22    Subd. 6. Authorization as agency. The commissioner shall apply to the secretary 43.23for approval of the commissioner as the administrative agency for the regulation of 43.24manufactured homes under the rules of the secretary. The commissioner may make 43.25rules for the administration and enforcement of department responsibilities as a state 43.26administrative agency including, but not limited to, rules for the handling of citizen's 43.27complaints. All money received for services provided by the commissioner or the 43.28department's authorized agents as a state administrative agency shall be deposited in 43.29the general new text begin construction code new text end fund. The commissioner is charged with the adoption, 43.30administration, and enforcement of the Manufactured Home Construction and Safety 43.31Standards, consistent with rules and regulations promulgated by the United States 43.32Department of Housing and Urban Development. The commissioner may adopt the 43.33rules, codes, and standards necessary to enforce the standards promulgated under this 43.34section. The commissioner is authorized to conduct hearings and presentations of views 44.1consistent with regulations adopted by the United States Department of Housing and 44.2Urban Development and to adopt rules in order to carry out this function. 44.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 44.4    Sec. 38. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read: 44.5    Subd. 7. Employees. The commissioner may appoint such employees within 44.6the Department of Administration new text begin Labor and Industry new text end as deemed necessary for the 44.7administration of sections 327.31 to 327.35. 44.8    Sec. 39. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read: 44.9    Subd. 3. Removal of seals. Manufactured home seals remain the property of 44.10the Department of Administration new text begin Labor and Industry new text end and may be removed by the 44.11commissioner from any manufactured home which is in violation of the Manufactured 44.12Home Building Code. 44.13    Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read: 44.14    Subdivision 1. Civil new text begin Monetary new text end penalty. new text begin Notwithstanding the penalty amount of new text end 44.15 new text begin section 326B.082, subdivisions 7 and 12, new text end any person who violates any provision of this 44.16section is liable to the state of Minnesota for a civil new text begin monetary new text end penalty of not to exceed 44.17$1,000 for each offense new text begin violation new text end . Each violation involving a separate manufactured home 44.18or involving a separate failure or refusal to allow or perform any act required by this 44.19section constitutes a separate offense new text begin violation new text end , except that the maximum civil new text begin monetary new text end 44.20penalties for any related series of violations occurring within one year from the date of the 44.21first violation may not exceed $1,000,000. 44.22    Sec. 41. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read: 44.23    Subd. 2. Willful violations. Any individual or a director, officer, or agent of a 44.24corporation who knowingly and willfully violates any provision of this section in a manner 44.25which threatens the health or safety of any purchaser shall be fined not more than $3,000 44.26or imprisoned not more than one year, or both new text begin guilty of a gross misdemeanor new text end . 44.27    Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read: 44.28    Subd. 4. Commissioner. "Commissioner" means the commissioner of 44.29administration new text begin labor and industry new text end . 44.30    Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read: 45.1    Subd. 5. Consumer customer. "Consumer customer" means any natural person new text begin new text end 45.2 new text begin individual new text end who, primarily for personal, household or family purposes, buys, sells, or seeks 45.3to buy or sell, a manufactured home from, to or through a dealer or manufacturer. 45.4    Sec. 44. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read: 45.5    Subd. 7. Dealer new text begin or retailer new text end . "Dealer" new text begin or "retailer" new text end means any person who engages 45.6in the business, either exclusively or in addition to any other occupation, of selling or 45.7brokering manufactured homes, new or used, or who offers to sell, solicit, broker or 45.8advertise the sale of manufactured homes, new or used. 45.9    Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a 45.10subdivision to read: 45.11     new text begin Subd. 10a. new text end new text begin Individual. new text end new text begin "Individual" means a human being. new text end 45.12    Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a 45.13subdivision to read: 45.14     new text begin Subd. 11a. new text end new text begin Licensee. new text end new text begin "Licensee" means a person who is licensed as a dealer, limited new text end 45.15 new text begin dealer, or manufacturer by the Department of Labor and Industry. new text end 45.16    Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a 45.17subdivision to read: 45.18     new text begin Subd. 11b. new text end new text begin Limited dealer or limited retailer. new text end new text begin "Limited dealer" or "limited new text end 45.19 new text begin retailer" means any person who is an owner of a manufactured home park authorized, as new text end 45.20 new text begin principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale new text end 45.21 new text begin of used manufactured homes located in the owned manufactured home park, who is the new text end 45.22 new text begin title holder and engages in no more than ten sales annually. new text end 45.23    Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a 45.24subdivision to read: 45.25     new text begin Subd. 14a. new text end new text begin Manufacturing facility. new text end new text begin "Manufacturing facility" means the physical new text end 45.26 new text begin site where a manufacturer engages in the business of manufacture, assembly, or production new text end 45.27 new text begin of manufactured homes. new text end 45.28    Sec. 49. Minnesota Statutes 2006, section 327B.01, is amended by adding a 45.29subdivision to read: 46.1     new text begin Subd. 16a. new text end new text begin Owner. new text end new text begin "Owner" means any person holding title to a manufactured new text end 46.2 new text begin home park or manufactured homes. new text end 46.3    Sec. 50. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read: 46.4    Subd. 17. Person. "Person" means any individual, new text begin limited liability company, new text end 46.5corporation, firm, partnership, incorporated and unincorporated association, new text begin sole new text end 46.6 new text begin proprietorship, joint stock company, new text end or any other legal or commercial entity. 46.7    Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read: 46.8    Subdivision 1. License and new text begin , new text end bond new text begin , and liability insurance new text end required. No person 46.9shall act as a dealer in manufactured homes, new or used, without a license and new text begin , new text end a surety 46.10bond new text begin , and liability insurance new text end as provided in this section. No person shall manufacture 46.11manufactured homes without a license and new text begin for each manufacturing facility shipping into or new text end 46.12 new text begin located within Minnesota's boundaries, new text end a surety bond new text begin , and liability insurance new text end as provided 46.13in this section. The licensing and bonding requirements of this section do not apply to 46.14any bank, savings bank, savings association, or credit union, chartered by either this state 46.15or the federal government, which acts as a dealer only by repossessing manufactured 46.16homes and then offering the homes for resale. 46.17    Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read: 46.18    Subd. 4. License prerequisites. No application shall be granted nor license issued 46.19until the applicant proves to the commissioner that: 46.20    (a) the applicant has a permanent, established place of business at each licensed 46.21location. An "established place of business" means a permanent enclosed building other 46.22than a residence, or a commercial office space, either owned by the applicant or leased by 46.23the applicant for a term of at least one year, located in an area where zoning regulations 46.24allow commercial activity, and where the books, records and files necessary to conduct 46.25the business are kept and maintained. The owner of a licensed manufactured home park 46.26who resides in or adjacent to the park may use the residence as the established place of 46.27business required by this subdivision, unless prohibited by local zoning ordinance. 46.28    If a license is granted, the licensee may use unimproved lots and premises for sale, 46.29storage, and display of manufactured homes, if the licensee first notifies the commissioner 46.30in writing; 46.31    (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured 46.32homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor 46.33of the new manufactured home it proposes to deal in; 47.1    (c) the applicant has secured new text begin : (1) new text end a surety bond in the amount of $20,000 new text begin for the new text end 47.2 new text begin agency and each subagency location that bears the applicant's name and the name under new text end 47.3 new text begin which the applicant will be licensed and do business in this state. Each bond is new text end for the 47.4protection of consumer customers, new text begin and must be new text end executed by the applicant as principal and 47.5issued by a surety company admitted to do business in this state. The new text begin Each new text end bond shall be 47.6exclusively for the purpose of reimbursing consumer customers and shall be conditioned 47.7upon the faithful compliance by the applicant with all of the laws and rules of this state 47.8pertaining to the applicant's business as a dealer or manufacturer, including sections 47.9325D.44 , 325F.67 and 325F.69, and upon the applicant's faithful performance of all its 47.10legal obligations to consumer customers; new text begin and (2) a certificate of liability insurance in the new text end 47.11 new text begin amount of $1,000,000 that provides coverage for the agency and each subagency location; new text end 47.12    (d) the applicant has established a trust account as required by section 327B.08, 47.13subdivision 3 , unless the applicant states in writing its intention to limit its business to 47.14selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and 47.15    (e) the applicant has provided evidence of having had at least two years' prior 47.16experience in the sale of manufactured homes, working for a licensed dealer. 47.17    Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read: 47.18    Subd. 6. Certificate of license. For each license granted the commissioner shall 47.19issue a certificate which includes the name of the licensee, the name of the surety company 47.20and the amount of the surety bond, new text begin and the insurance underwriter and policy number, new text end the 47.21names and addresses of any related principal or subagencies, and a license number. 47.22    Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read: 47.23    Subd. 7. Fees; licenses; when granted. Each application for a license or license 47.24renewal must be accompanied by a fee in an amount established by the commissioner 47.25by rule pursuant to section 327B.10. The fees shall be set in an amount which over 47.26the fiscal biennium will produce revenues approximately equal to the expenses which 47.27the commissioner expects to incur during that fiscal biennium while administering and 47.28enforcing sections 327B.01 to 327B.12. All money collected by the commissioner 47.29through fees prescribed in sections to shall be deposited in the state 47.30government special revenue fund and is appropriated to the commissioner for purposes of 47.31administering and enforcing the provisions of this chapter. The commissioner shall grant 47.32or deny a license application or a renewal application within 60 days of its filing. If the 47.33license is granted, the commissioner shall license the applicant as a dealer or manufacturer 48.1for the remainder of the calendar year. Upon application by the licensee, the commissioner 48.2shall renew the license for a two year period, if: 48.3    (a) the renewal application satisfies the requirements of subdivisions 3 and 4; 48.4    (b) the renewal applicant has made all listings, registrations, notices and reports 48.5required by the commissioner during the preceding year; and 48.6    (c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to 48.7327B.12 and all taxes, arrearages, and penalties owed to the state. 48.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 48.9    Sec. 55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read: 48.10    Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's 48.11license to an owner of a manufactured home park authorizing the licensee as principal 48.12only to engage in the sale, offering for sale, soliciting, or advertising the sale of used 48.13manufactured homes located in the owned manufactured home park. The licensee must 48.14be the title holder of the homes and may engage in no more than ten sales annually. An 48.15owner may, upon payment of the applicable fee and compliance with this subdivision, 48.16obtain a separate license for each owned manufactured home park and is entitled to sell up 48.17to ten homes per license provided that only one limited dealer license may be issued for 48.18each park. The license shall be issued after: 48.19    (1) receipt of an application on forms provided by the commissioner containing 48.20the following information: 48.21    (i) the identity of the applicant; 48.22    (ii) the name under which the applicant will be licensed and do business in this state; 48.23    (iii) the name and address of the owned manufactured home park, including a copy 48.24of the park license, serving as the basis for the issuance of the license; and 48.25    (iv) the name, home, and business address of the applicant; 48.26     new text begin (v) the name, address, and telephone number of one individual that is designated new text end 48.27 new text begin by the applicant to receive all communications and cooperate with all inspections and new text end 48.28 new text begin investigations of the commissioner pertaining to the sale of manufactured homes in the new text end 48.29 new text begin manufactured home park owned by the applicant; new text end 48.30     new text begin (vi) whether the applicant or its designated individual has been convicted of a crime new text end 48.31 new text begin within the previous ten years that is either related directly to the business for which the new text end 48.32 new text begin license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a new text end 48.33 new text begin judgment in a civil action involving fraud, misrepresentation, or conversion within the new text end 48.34 new text begin previous five years or has had any government license or permit suspended or revoked new text end 49.1 new text begin as a result of an action brought by a federal or state governmental agency in this or any new text end 49.2 new text begin other state within the last five years; and new text end 49.3     new text begin (vii) the applicant's qualifications and business history, including whether the new text end 49.4 new text begin applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has new text end 49.5 new text begin any unsatisfied court judgments outstanding against it or them; new text end 49.6    (2) payment of a $100 annual fee; and 49.7    (3) provision of a surety bond in the amount of $5,000. A separate surety bond 49.8must be provided for each limited license. 49.9    The applicant need not comply with section 327B.04, subdivision 4, paragraph (e). 49.10The holding of a limited dealer's license does not satisfy the requirement contained in 49.11section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect 49.12to obtaining a dealer license. The commissioner may, upon application for a renewal of 49.13a license, require only a verification that copies of sales documents have been retained 49.14and payment of a $100 renewal fee. "Sales documents" mean only the safety feature 49.15disclosure form defined in section 327C.07, subdivision 3a, title of the home, financing 49.16agreements, and purchase agreements. 49.17    The license holder shall, upon request of the commissioner, make available for 49.18inspection during business hours sales documents required to be retained under this 49.19subdivision. 49.20    Sec. 56. Minnesota Statutes 2006, section 327B.04, is amended by adding a 49.21subdivision to read: 49.22     new text begin Subd. 8a. new text end new text begin Service. new text end new text begin Service of a document on a limited dealer licensed under this new text end 49.23 new text begin section may be effected by mail to or by personal service on: (1) the licensee at the new text end 49.24 new text begin licensee's last known address; or (2) the individual designated by the licensee at that new text end 49.25 new text begin individual's last known address. new text end 49.26    Sec. 57. new text begin [327B.042] NOTICE TO COMMISSIONER. new text end 49.27     new text begin Subdivision 1. new text end new text begin Notification. new text end new text begin A person licensed as a dealer, limited dealer, or new text end 49.28 new text begin manufacturer shall notify the commissioner of the occurrence of any of the events in new text end 49.29 new text begin subdivisions 2 to 5. new text end 49.30     new text begin Subd. 2. new text end new text begin Change in application information. new text end new text begin A licensee shall notify the new text end 49.31 new text begin commissioner in writing within ten days of the change of any change in information new text end 49.32 new text begin contained in the most recent license application on file with the commissioner, which new text end 49.33 new text begin shall include any change in the information pertaining to the individual designated under new text end 49.34 new text begin section 327B.04, subdivision 8, clause (1), item (vi). new text end 50.1     new text begin Subd. 3. new text end new text begin Civil judgment. new text end new text begin A licensee shall notify the commissioner in writing new text end 50.2 new text begin within ten days of any decision of a court regarding a proceeding in which the licensee new text end 50.3 new text begin was named as a defendant, and in which fraud, misrepresentation, or the conversion of new text end 50.4 new text begin funds was found to have been committed by the licensee. new text end 50.5     new text begin Subd. 4. new text end new text begin Disciplinary action in another state. new text end new text begin A licensee shall notify the new text end 50.6 new text begin commissioner in writing within ten days of the condition, reprimand, censure, limitation, new text end 50.7 new text begin suspension, or revocation of any other professional or occupational license, registration, new text end 50.8 new text begin permit, or certificate held by the licensee in this or any other state, or any other United new text end 50.9 new text begin States jurisdiction. new text end 50.10     new text begin Subd. 5. new text end new text begin Criminal offense. new text end new text begin A licensee shall notify the commissioner in new text end 50.11 new text begin writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, new text end 50.12 new text begin misdemeanor, or any comparable offense related to manufactured home sales, improper new text end 50.13 new text begin business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer new text end 50.14 new text begin laws in this or any other state, or any other United States jurisdiction. new text end 50.15    Sec. 58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read: 50.16    Subdivision 1. Grounds. new text begin In addition to the grounds in section 326B.082, new text end 50.17 new text begin subdivision 11, new text end the commissioner may by order deny, suspend new text begin , limit, place conditions new text end 50.18 new text begin on, new text end or revoke any new text begin the application or new text end license on finding (1) that the order is in the public 50.19interest and (2) that the new text begin of any new text end applicant or licensee or any of its directors, officers, limited 50.20or general partners, controlling shareholders new text begin , new text end or affiliates new text begin for any of the following grounds new text end : 50.21    (a) has filed an application for a license or a license renewal which fails to disclose 50.22any material information or contains any statement which is false or misleading with 50.23respect to any material fact; 50.24    (b) new text begin (a) new text end has violated any of the provisions of sections 327B.01 to 327B.12 or any 50.25rule or order issued by the commissioner or any prior law providing for the licensing of 50.26manufactured home dealers or manufacturers; 50.27    (c) new text begin (b) new text end has had a previous manufacturer or dealer license revoked in this or any 50.28other state; 50.29    (d) new text begin (c) new text end has engaged in acts or omissions which have been adjudicated or amount to a 50.30violation of any of the provisions of section 325D.44, 325F.67 or 325F.69; 50.31    (e) new text begin (d) new text end has sold or brokered the sale of a home containing a material violation of 50.32sections 327.31 to 327.35 about which the dealer knew or which should have been obvious 50.33to a reasonably prudent dealer; 50.34    (f) new text begin (e) new text end has failed to make or provide all listings, notices and reports required by 50.35the commissioner; 51.1    (g) new text begin (f) new text end has failed to pay a civil penalty assessed under subdivision 5 within ten 51.2days after the assessment becomes final; 51.3    (h) new text begin (g) new text end has failed to pay to the commissioner or other responsible government agency 51.4all taxes, fees and arrearages due; 51.5    (i) new text begin (h) new text end has failed to duly apply for license renewal; 51.6    (j) new text begin (i) new text end has violated any applicable manufactured home building or safety code; 51.7    (k) new text begin (j) new text end has failed or refused to honor any express or implied warranty as provided 51.8in section 327B.03; 51.9    (l) new text begin (k) new text end has failed to continuously occupy a permanent, established place of business 51.10licensed under section 327B.04; 51.11    (m) new text begin (l) new text end has, without first notifying the commissioner, sold a new and unused 51.12manufactured home other than the make of manufactured home described in a franchise or 51.13contract filed with the application for license or license renewal; 51.14    (n) new text begin (m) new text end has wrongfully failed to deliver a certificate of title to a person entitled to it; 51.15    (o) new text begin (n) new text end is insolvent or bankrupt; 51.16    (p) new text begin (o) new text end holds an impaired or canceled bond; 51.17    (q) new text begin (p) new text end has failed to notify the commissioner of bankruptcy proceedings within ten 51.18days after a petition in bankruptcy has been filed by or against the dealer or manufacturer; 51.19    (r) new text begin (q) new text end has, within the previous ten years, been convicted of a crime that either related 51.20directly to the business of the dealer or manufacturer or involved fraud, misrepresentation 51.21or misuse of funds; 51.22    (s) new text begin (r) new text end has suffered a judgment within the previous five years in a civil action 51.23involving fraud, misrepresentation or misuse of funds; or 51.24    (t) new text begin (s) new text end has failed to reasonably supervise any employee or agent of the dealer or 51.25manufacturer, resulting in injury or harm to the public. 51.26    The commissioner may establish rules pursuant to section 327B.10 further 51.27specifying, defining or establishing standards of conduct for manufactured home dealers 51.28and manufacturers. 51.29    Sec. 59. Minnesota Statutes 2006, section 327B.10, is amended to read: 51.30327B.10 RULEMAKING AUTHORITY. 51.31    The commissioner may promulgate rules and issue orders reasonably necessary 51.32to implement and administer the provisions of sections 327B.01 to 327B.12. new text begin The new text end 51.33 new text begin commissioner shall adopt rules establishing and approving education programs for new text end 51.34 new text begin manufactured home installers. Each manufactured home installer must satisfactorily new text end 51.35 new text begin complete the continuing education requirements established by the commissioner in rule. new text end 52.1    Sec. 60. new text begin INCORPORATING ADAPTABILITY DESIGN ELEMENTS; REPORT. new text end 52.2     new text begin The commissioner of labor and industry shall explore the possibility of incorporating new text end 52.3 new text begin the adaptability design elements in the State Building Code for the following International new text end 52.4 new text begin Residential Codes (IRC) and International Building Codes (IBC): new text end 52.5     new text begin (1) IRC-1; new text end 52.6     new text begin (2) IRC-2; new text end 52.7     new text begin (3) IRC-3; new text end 52.8     new text begin (4) IBC R-2; and new text end 52.9     new text begin (5) IBC R-3. new text end 52.10     new text begin The commissioner shall report back to the legislative committees having jurisdiction new text end 52.11 new text begin over these issues by January 15, 2008. new text end 52.12    Sec. 61. new text begin REVISOR'S INSTRUCTION. new text end 52.13     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 52.14 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 52.15 new text begin cross-reference changes consistent with the renumbering. new text end 52.16 new text begin Column A new text end new text begin Column B new text end 52.17 new text begin 16B.59 new text end new text begin 326B.101 new text end 52.18 new text begin 16B.60, subd. 1 new text end new text begin 326B.103, subd. 1 new text end 52.19 new text begin 16B.60, subd. 2 new text end new text begin 326B.103, subd. 4 new text end 52.20 new text begin 16B.60, subd. 3 new text end new text begin 326B.103, subd. 9 new text end 52.21 new text begin 16B.60, subd. 4 new text end new text begin 326B.103, subd. 5 new text end 52.22 new text begin 16B.60, subd. 5 new text end new text begin 326B.103, subd. 3 new text end 52.23 new text begin 16B.60, subd. 6 new text end new text begin 326B.103, subd. 11 new text end 52.24 new text begin 16B.60, subd. 7 new text end new text begin 326B.103, subd. 10 new text end 52.25 new text begin 16B.60, subd. 8 new text end new text begin 326B.103, subd. 12 new text end 52.26 new text begin 16B.60, subd. 9 new text end new text begin 326B.103, subd. 8 new text end 52.27 new text begin 16B.60, subd. 10 new text end new text begin 326B.103, subd. 7 new text end 52.28 new text begin 16B.60, subd. 11 new text end new text begin 326B.103, subd. 13 new text end 52.29 new text begin 16B.60, subd. 12 new text end new text begin 326B.103, subd. 6 new text end 52.30 new text begin 16B.60, subd. 13 new text end new text begin 326B.103, subd. 2 new text end 52.31 new text begin 16B.61 new text end new text begin 326B.106 new text end 52.32 new text begin 16B.615 new text end new text begin 326B.109 new text end 52.33 new text begin 16B.616 new text end new text begin 326B.112 new text end 52.34 new text begin 16B.617 new text end new text begin 326B.115 new text end 52.35 new text begin 16B.6175 new text end new text begin 326B.118 new text end 52.36 new text begin 16B.62 new text end new text begin 326B.121 new text end 52.37 new text begin 16B.625 new text end new text begin 326B.124 new text end 52.38 new text begin 16B.63 new text end new text begin 326B.127 new text end 52.39 new text begin 16B.64 new text end new text begin 326B.13 new text end 53.1 new text begin 16B.65 new text end new text begin 326B.133 new text end 53.2 new text begin 16B.66 new text end new text begin 326B.136 new text end 53.3 new text begin 16B.67 new text end new text begin 326B.139 new text end 53.4 new text begin 16B.68 new text end new text begin 326B.142 new text end 53.5 new text begin 16B.685 new text end new text begin 326B.145 new text end 53.6 new text begin 16B.70 new text end new text begin 326B.148 new text end 53.7 new text begin 16B.71 new text end new text begin 326B.151 new text end 53.8 new text begin 16B.72 new text end new text begin 326B.154 new text end 53.9 new text begin 16B.73 new text end new text begin 326B.157 new text end 53.10 new text begin 16B.735 new text end new text begin 326B.16 new text end 53.11 new text begin 16B.74 new text end new text begin 326B.163 new text end 53.12 new text begin 16B.741 new text end new text begin 326B.166 new text end 53.13 new text begin 16B.742 new text end new text begin 326B.169 new text end 53.14 new text begin 16B.743 new text end new text begin 326B.172 new text end 53.15 new text begin 16B.744 new text end new text begin 326B.175 new text end 53.16 new text begin 16B.745 new text end new text begin 326B.178 new text end 53.17 new text begin 16B.746 new text end new text begin 326B.181 new text end 53.18 new text begin 16B.747 new text end new text begin 326B.184 new text end 53.19 new text begin 16B.748 new text end new text begin 326B.187 new text end 53.20 new text begin 16B.749 new text end new text begin 326B.191 new text end 53.21 new text begin 16B.75 new text end new text begin 326B.194 new text end 53.22 new text begin 16B.76 new text end new text begin 326B.07 new text end 53.23 new text begin 326.992 new text end new text begin 326B.197 new text end 53.24ARTICLE 5 53.25ELECTRICAL 53.26    Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read: 53.27    Subd. 2. Class A master electrician. The term "Class A master electrician" 53.28means a person new text begin an individual new text end having the necessary qualifications, training, experience, 53.29and technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 53.30altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power, 53.31and other purposes new text begin perform and supervise any electrical work, and new text end who is licensed as such new text begin new text end 53.32 new text begin a Class A master electrician new text end by the Board of Electricity new text begin commissioner new text end . 53.33    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read: 53.34    Subd. 3. Class A journeyman electrician. The term "Class A journeyman 53.35electrician" means a person new text begin an individual new text end having the necessary qualifications, training, 53.36experience, and technical knowledge to install, alter, repair, and supervise the installing, 53.37altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power, 54.1and other purposes new text begin perform and supervise any electrical work except for planning or new text end 54.2 new text begin laying out of electrical work, and new text end who is licensed as such new text begin a Class A journeyman electrician new text end 54.3by the Board of Electricity new text begin commissioner new text end . 54.4    Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 54.5to read: 54.6     new text begin Subd. 4a. new text end new text begin Elevator constructor. new text end new text begin "Elevator constructor" means an individual having new text end 54.7 new text begin the necessary qualifications, training, experience, and technical knowledge to wire for, new text end 54.8 new text begin install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and new text end 54.9 new text begin escalators and who is licensed as an elevator constructor by the commissioner. new text end 54.10    Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 54.11to read: 54.12     new text begin Subd. 4b. new text end new text begin Elevator contractor. new text end new text begin "Elevator contractor" means a licensed contractor new text end 54.13 new text begin whose responsible licensed individual is a licensed master elevator constructor. An new text end 54.14 new text begin elevator contractor license does not itself qualify its holder to perform or supervise the new text end 54.15 new text begin electrical or elevator work authorized by holding any other personal license issued by new text end 54.16 new text begin the commissioner. new text end 54.17    Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 54.18to read: 54.19     new text begin Subd. 4c. new text end new text begin Lineman. new text end new text begin "Lineman" means an individual having the necessary new text end 54.20 new text begin qualifications, training, experience, and technical knowledge to construct and maintain new text end 54.21 new text begin transmission and distribution systems that are or will be owned or leased by an electrical new text end 54.22 new text begin utility, and who is licensed as a lineman by the commissioner. new text end 54.23    Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 54.24to read: 54.25     new text begin Subd. 4d. new text end new text begin Maintenance electrician. new text end new text begin "Maintenance electrician" means an individual new text end 54.26 new text begin having the necessary qualifications, training, experience, and technical knowledge to new text end 54.27 new text begin properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed new text end 54.28 new text begin as a maintenance electrician by the commissioner or who is exempt from licensing by new text end 54.29 new text begin sections 326.241 to 326.248. new text end 54.30    Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision 54.31to read: 55.1     new text begin Subd. 4e. new text end new text begin Master elevator constructor. new text end new text begin "Master elevator constructor" means new text end 55.2 new text begin an individual having the necessary qualifications, training, experience, and technical new text end 55.3 new text begin knowledge to properly plan, lay out, and supervise the installation, maintenance, and new text end 55.4 new text begin repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed new text end 55.5 new text begin as a master elevator constructor by the commissioner. new text end 55.6    Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read: 55.7    Subd. 5. Contractor. The term "Contractor" means a person, partnership, or 55.8corporation operating a business that undertakes new text begin who performs new text end or offers to undertake to 55.9plan for, lay out, or install or to make additions, alterations, or repairs in the installation 55.10of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes new text begin new text end 55.11 new text begin perform any electrical work, new text end with or without compensation new text begin , new text end who is licensed as such new text begin a new text end 55.12 new text begin contractor new text end by the Board of Electricity new text begin commissioner new text end . A contractor's license does not of 55.13itself qualify its holder to perform or supervise the electrical work authorized by holding 55.14any class of electrician's or other personal electrical license. new text begin Contractor includes electrical new text end 55.15 new text begin contractors and technology system contractors. new text end 55.16    Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read: 55.17    Subd. 6. Class B master electrician. The term "Class B master electrician" 55.18means a person new text begin an individual new text end having the necessary qualifications, training, experience, 55.19and technical knowledge to install, alter, repair, plan, lay out, new text begin perform new text end and supervise 55.20the installing, altering, and repairing of electrical wiring, apparatus, and equipment new text begin any new text end 55.21 new text begin electrical work new text end for single phase systems of not over 200 ampere capacity for light, heat, 55.22power, and other purposes on any farm or in any single family dwelling located in any 55.23town or municipality which has a population of less than 2500 new text begin 2,500 new text end inhabitants new text begin , and new text end who 55.24is licensed as such new text begin a Class B master electrician new text end by the Board of Electricity new text begin commissioner new text end . 55.25    Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read: 55.26    Subd. 6a. Class B journeyman electrician. The term "Class B journeyman 55.27electrician" means a person new text begin an individual new text end having the necessary qualifications, training, 55.28experience, and technical knowledge to install, alter, repair, and supervise the installing, 55.29altering, or repairing of electrical wiring, apparatus, and equipment for single phase 55.30systems of not more than 200 ampere capacity for light, heat, power, and other purposes 55.31on any farm or in any single family dwelling located in any town or municipality which 55.32has a population of less than 2500 new text begin 2,500 new text end inhabitants new text begin , and new text end who is licensed as such new text begin a Class B new text end 55.33 new text begin journeyman electrician new text end by the Board of Electricity new text begin commissioner new text end . 56.1    Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read: 56.2    Subd. 6b. Class A installer. The term "Class A installer" means a person new text begin an new text end 56.3 new text begin individual new text end who has the necessary qualifications, training, experience, and technical 56.4knowledge to properly lay out and install electrical wiring, apparatus, and equipment for 56.5major electrical home appliances and such other electrical equipment as is determined by 56.6the state Board of Electricity new text begin commissioner new text end pursuant to section 326.242, subdivision 3, 56.7on the load side of the main service on farmsteads or in any town or municipality with 56.8less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not 56.9contain an established business of a master electrician, and who is licensed as such new text begin a Class new text end 56.10 new text begin A installer new text end by the state Board of Electricity new text begin commissioner new text end . 56.11    Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read: 56.12    Subd. 6c. Class B installer. The term "Class B installer" means a person new text begin an new text end 56.13 new text begin individual new text end who has the necessary qualifications, training, experience, and technical 56.14knowledge to properly lay out and install electrical wiring, apparatus, and equipment 56.15on center pivot irrigation booms on the load side of the main service on farmsteads, 56.16and install other electrical equipment determined by the state Board of Electricity. new text begin new text end 56.17 new text begin commissioner, and who is licensed as new text end a Class B installer must be licensed by the Board of 56.18Electricity new text begin commissioner new text end . 56.19    Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read: 56.20    Subd. 6e. Owner. An owner is a natural person new text begin an individual new text end who physically 56.21performs electrical work on premises the person new text begin individual new text end owns and actually occupies as 56.22a residence or owns and will occupy as a residence upon completion of new text begin its new text end construction. 56.23    Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read: 56.24    Subd. 6f. Electrical work. The term "Electrical work" means the installing, 56.25altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment 56.26for new text begin electrical new text end light, heat, power, new text begin technology circuits or systems, new text end or other purposes. The 56.27installing, alteration new text begin altering new text end , repairing, planning, or laying out of electrical wiring, 56.28apparatus, or equipment for new text begin electrical new text end light, heat, power, new text begin technology circuits or systems, new text end 56.29or other purposes includes, but is not limited to, the performance of any work governed new text begin new text end 56.30 new text begin regulated new text end by the standards referred to in section 326.243. 56.31    Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read: 57.1    Subd. 6g. Personal new text begin Direct new text end supervision. The term "personal new text begin "Direct new text end supervision" 57.2means that a person licensed to perform electrical work oversees and directs the electrical 57.3work performed by an unlicensed person such that: 57.4    (1) the licensed person actually reviews the electrical work performed by the 57.5unlicensed person new text begin an unlicensed individual is being supervised by an individual licensed new text end 57.6 new text begin to perform the electrical work being supervised new text end ; 57.7    (2) new text begin during the entire working day of the unlicensed individual, the licensed new text end 57.8 new text begin individual is physically present at the location where the unlicensed individual is new text end 57.9 new text begin performing electrical work and immediately available to the unlicensed individual; new text end 57.10     new text begin (3) new text end the licensed person new text begin individual new text end is new text begin physically present and new text end immediately available to 57.11the unlicensed person new text begin individual new text end at all times for assistance and direction; 57.12     new text begin (4) electronic supervision does not meet the requirement of physically present and new text end 57.13 new text begin immediately available; new text end 57.14     new text begin (5) the licensed individual shall review the electrical work performed by the new text end 57.15 new text begin unlicensed individual before the electrical work is operated; new text end and 57.16    (3) new text begin (6) new text end the licensed person new text begin individual new text end is able to and does determine that all electrical 57.17work performed by the unlicensed person new text begin individual new text end is performed in compliance with 57.18section 326.243. 57.19    The licensed person new text begin individual new text end is responsible for the compliance with section 57.20326.243 of all electrical work performed by the unlicensed person new text begin individual new text end . 57.21    Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read: 57.22    Subd. 6j. Residential dwelling. A "residential dwelling" is an individual dwelling 57.23of new text begin a single dwelling unit that is contained in new text end a one-family, two-family, or multifamily 57.24dwelling as defined in the National Electrical Code pursuant to section 326.243, including 57.25its garage or accessory building. new text begin A residential dwelling includes a garage and accessory new text end 57.26 new text begin building that can only be used by the residents of the single dwelling unit. new text end 57.27    Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read: 57.28    Subd. 6k. Power limited technician. The term "Power limited technician" means 57.29a person new text begin an individual new text end having the necessary qualifications, training, experience, and 57.30technical knowledge to install, alter, repair, plan, lay out, and supervise the installing, 57.31altering, and repairing of electrical wiring, apparatus, and equipment for technology 57.32circuits or systems new text begin , and new text end who is licensed as such new text begin a power limited technician new text end by the Board of 57.33Electricity new text begin commissioner new text end . 58.1    Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read: 58.2    Subd. 6l. Technology circuits or systems. "Technology circuits or systems" means 58.3class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling, 58.4control, alarm, and audio signal, including associated components as covered by the 58.5National Electrical Code, articles 640, 645, new text begin 650, new text end 725, 760, 770, and 780, and which are 58.6isolated from circuits or systems other than class 2 or class 3 by a demarcation and are 58.7not process control circuits or systems; antenna and communication circuits or systems 58.8as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for 58.9indoor lighting and outdoor landscape lighting systems that are supplied by the secondary 58.10circuit of an isolating power supply operating at 30 volts or less as covered by the National 58.11Electrical Code, article 411. The planning, laying out, installing, altering, and repairing 58.12of technology circuits or systems must be performed in accordance with the applicable 58.13requirements of the National Electrical Code pursuant to section 326.243. 58.14    Sec. 19. new text begin [326.2415] BOARD OF ELECTRICITY. new text end 58.15     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Board of Electricity shall consist of 12 new text end 58.16 new text begin members. Eleven members shall be appointed by the governor with the advice and consent new text end 58.17 new text begin of the senate and shall be voting members. Appointments of members by the governor new text end 58.18 new text begin shall be made in accordance with section 15.066. If the senate votes to refuse to consent new text end 58.19 new text begin to an appointment of a member made by the governor, the governor shall appoint a new new text end 58.20 new text begin member with the advice and consent of the senate. One member shall be the commissioner new text end 58.21 new text begin of labor and industry or the commissioner's designee, who shall be a voting member. Of new text end 58.22 new text begin the 11 appointed members, the composition shall be as follows: new text end 58.23     new text begin (1) one member shall be an electrical inspector; new text end 58.24     new text begin (2) two members shall be representatives of the electrical suppliers in rural areas; new text end 58.25     new text begin (3) two members shall be master electricians, who shall be contractors; new text end 58.26     new text begin (4) two members shall be journeyman electricians; new text end 58.27     new text begin (5) one member shall be a registered consulting electrical engineer; new text end 58.28     new text begin (6) two members shall be power limited technicians, who shall be technology new text end 58.29 new text begin system contractors primarily engaged in the business of installing technology circuit new text end 58.30 new text begin or systems; and new text end 58.31     new text begin (7) one member shall be a public member as defined by section 214.02. new text end 58.32     new text begin The electrical inspector shall be appointed to a term to end December 31, 2011. One new text end 58.33 new text begin of the rural electrical suppliers shall be appointed for a term to end December 31, 2011. new text end 58.34 new text begin The other rural electrical supplier shall be appointed for a term to end December 31, new text end 58.35 new text begin 2010. The consulting electrical engineer shall be appointed for a term to end December new text end 59.1 new text begin 31, 2011. One of the master electrician contractors shall be appointed for a term to end new text end 59.2 new text begin December 31, 2011. The other master electrician contractor shall be appointed for a term new text end 59.3 new text begin to end December 31, 2010. One of the journeyman electricians shall be appointed for a new text end 59.4 new text begin term to end December 31, 2011. The other journeyman electrician shall be appointed new text end 59.5 new text begin for a term to end December 31, 2010. One of the power limited technicians shall be new text end 59.6 new text begin appointed for a term to end December 31, 2011. The other power limited technician shall new text end 59.7 new text begin be appointed for a term to end December 31, 2010. The public member shall be appointed new text end 59.8 new text begin for a term to end December 31, 2010. new text end 59.9     new text begin (b) The consulting electrical engineer must possess a current Minnesota professional new text end 59.10 new text begin engineering license and maintain the license for the duration of the term on the board. new text end 59.11 new text begin All other appointed members, except for the public member and the representatives of new text end 59.12 new text begin electrical suppliers in rural areas, must possess a current electrical license issued by the new text end 59.13 new text begin Department of Labor and Industry and maintain that license for the duration of their terms. new text end 59.14 new text begin All appointed members must be residents of Minnesota at the time of and throughout new text end 59.15 new text begin the member's appointment. The term of any appointed member that does not maintain new text end 59.16 new text begin membership qualification status shall end on the date of the status change and the governor new text end 59.17 new text begin shall appoint a new member. It is the responsibility of the member to notify the board of new text end 59.18 new text begin their status change. new text end 59.19     new text begin (c) For appointed members, except the initial terms designated in paragraph (a), each new text end 59.20 new text begin term shall be three years with the terms ending on December 31. Members appointed by new text end 59.21 new text begin the governor shall be limited to three consecutive terms. The governor shall, all or in part, new text end 59.22 new text begin reappoint the current members or appoint replacement members with the advice and new text end 59.23 new text begin consent of the senate. Midterm vacancies shall be filled for the remaining portion of the new text end 59.24 new text begin term. Vacancies occurring with less than six months time remaining in the term shall be new text end 59.25 new text begin filled for the existing term and the following three-year term. Members may serve until new text end 59.26 new text begin their successors are appointed but in no case later than July 1 in a year in which the term new text end 59.27 new text begin expires unless reappointed. new text end 59.28     new text begin Subd. 2. new text end new text begin Powers; duties; administrative support. new text end new text begin (a) The board shall have the new text end 59.29 new text begin power to: new text end 59.30     new text begin (1) elect its chair, vice-chair, and secretary; new text end 59.31     new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, new text end 59.32 new text begin and containing such other provisions as may be useful and necessary for the efficient new text end 59.33 new text begin conduct of the business of the board; new text end 59.34     new text begin (3) the Minnesota Electrical Code shall be the most current edition of the National new text end 59.35 new text begin Electrical Code upon its adoption by the board and any amendments thereto as adopted new text end 59.36 new text begin by the board. The board shall adopt the most current edition of the National Electrical new text end 60.1 new text begin Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision new text end 60.2 new text begin 6, paragraphs (b) and (c); new text end 60.3     new text begin (4) review requests for final interpretations and issue final interpretations as provided new text end 60.4 new text begin in section 16B.63, subdivision 5; new text end 60.5     new text begin (5) adopt rules that regulate the licensure or registration of electrical businesses, new text end 60.6 new text begin electrical contractors, master electricians, journeyman electricians, Class A installer, new text end 60.7 new text begin Class B installer, power limited technicians, and other persons who perform electrical new text end 60.8 new text begin work except for those individuals licensed under section 326.02, subdivisions 2 and 3. new text end 60.9 new text begin The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision new text end 60.10 new text begin 6, paragraphs (d) and (e); new text end 60.11     new text begin (6) adopt rules that regulate continuing education for individuals licensed or new text end 60.12 new text begin registered as electrical businesses, electrical contractors, master electricians, journeyman new text end 60.13 new text begin electricians, Class A installer, Class B installer, power limited technicians, and other new text end 60.14 new text begin persons who perform electrical work. The board shall adopt these rules pursuant to new text end 60.15 new text begin chapter 14 and as provided in subdivision 6, paragraph (e); new text end 60.16     new text begin (7) advise the commissioner regarding educational requirements for electrical new text end 60.17 new text begin inspectors; new text end 60.18     new text begin (8) refer complaints or other communications to the commissioner, whether oral or new text end 60.19 new text begin in writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule, new text end 60.20 new text begin or order that the commissioner has the authority to enforce pertaining to code compliance, new text end 60.21 new text begin licensure, registration, or an offering to perform or performance of unlicensed electrical new text end 60.22 new text begin services; new text end 60.23     new text begin (9) approve per diem and expenses deemed necessary for its members as provided in new text end 60.24 new text begin subdivision 3; new text end 60.25     new text begin (10) approve license reciprocity agreements; new text end 60.26     new text begin (11) select from its members individuals to serve on any other state advisory council, new text end 60.27 new text begin board, or committee; and new text end 60.28     new text begin (12) recommend the fees for licenses and certifications. new text end 60.29     new text begin Except for the powers granted to the Plumbing Board, Board of Electricity, and new text end 60.30 new text begin the Board of High Pressure Piping Systems, the commissioner of labor and industry new text end 60.31 new text begin shall administer and enforce the provisions of this chapter and any rules promulgated new text end 60.32 new text begin pursuant thereto. new text end 60.33     new text begin (b) The board shall comply with section 15.0597, subdivisions 2 and 4. new text end 60.34     new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations new text end 60.35 new text begin with the recommendations and rulemaking conducted by all of the other boards created new text end 60.36 new text begin pursuant to chapter 326B. The commissioner shall provide staff support to the board. The new text end 61.1 new text begin support includes professional, legal, technical, and clerical staff necessary to perform new text end 61.2 new text begin rulemaking and other duties assigned to the board. The commissioner of labor and new text end 61.3 new text begin industry shall supply necessary office space and supplies to assist the board in its duties new text end 61.4     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin (a) Members of the board may be compensated at the rate new text end 61.5 new text begin of $55 a day spent on board activities, when authorized by the board, plus expenses in new text end 61.6 new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end 61.7 new text begin section 43A.18, subdivision 2. Members who, as a result of time spent attending board new text end 61.8 new text begin meetings, incur child care expenses that would not otherwise have been incurred, may be new text end 61.9 new text begin reimbursed for those expenses upon board authorization. new text end 61.10     new text begin (b) Members who are state employees or employees of the political subdivisions new text end 61.11 new text begin of the state must not receive the daily payment for activities that occur during working new text end 61.12 new text begin hours for which they are compensated by the state or political subdivision. However, a new text end 61.13 new text begin state or political subdivision employee may receive the daily payment if the employee new text end 61.14 new text begin uses vacation time or compensatory time accumulated in accordance with a collective new text end 61.15 new text begin bargaining agreement or compensation plan for board activities. Members who are state new text end 61.16 new text begin employees or employees of the political subdivisions of the state may receive the expenses new text end 61.17 new text begin provided for in this subdivision unless the expenses are reimbursed by another source. new text end 61.18 new text begin Members who are state employees or employees of political subdivisions of the state new text end 61.19 new text begin may be reimbursed for child care expenses only for time spent on board activities that new text end 61.20 new text begin are outside their working hours. new text end 61.21     new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent new text end 61.22 new text begin on board activities for purposes of making daily payments under this subdivision. new text end 61.23     new text begin Subd. 4. new text end new text begin Removal; vacancies. new text end new text begin (a) An appointed member of the board may be new text end 61.24 new text begin removed by the governor at any time (1) for cause, after notice and hearing, or (2) after new text end 61.25 new text begin missing three consecutive meetings. The chair of the board shall inform the governor of an new text end 61.26 new text begin appointed member missing the three consecutive meetings. After the second consecutive new text end 61.27 new text begin missed meeting and before the next meeting, the secretary of the board shall notify the new text end 61.28 new text begin appointed member in writing that the member may be removed for missing the next new text end 61.29 new text begin meeting. In the case of a vacancy on the board, the governor shall, with the advice new text end 61.30 new text begin and consent of the Senate, appoint a person to fill the vacancy for the remainder of the new text end 61.31 new text begin unexpired term. new text end 61.32     new text begin (b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6. new text end 61.33     new text begin Subd. 5. new text end new text begin Membership vacancies within three months of appointment. new text end 61.34     new text begin Notwithstanding any law to the contrary, when a membership on the board becomes new text end 61.35 new text begin vacant within three months after being filled through the appointments process, the new text end 62.1 new text begin governor may, upon notification to the Office of Secretary of State, choose a new member new text end 62.2 new text begin from the applications on hand and need not repeat the process. new text end 62.3     new text begin Subd. 6. new text end new text begin Officers, quorum, voting. new text end new text begin (a) The board shall elect annually from its new text end 62.4 new text begin members a chair, vice-chair, and secretary. A quorum of the board shall consist of a new text end 62.5 new text begin majority of members of the board qualified to vote on the matter in question. All questions new text end 62.6 new text begin concerning the manner in which a meeting is conducted or called that is not covered new text end 62.7 new text begin by statute shall be determined by Robert's Rules of Order (revised) unless otherwise new text end 62.8 new text begin specified by the bylaws. new text end 62.9     new text begin (b) Each electrical code amendment considered by the board that receives an new text end 62.10 new text begin affirmative two-thirds or more majority vote of all of the voting members of the board new text end 62.11 new text begin shall be included in the next electrical code rulemaking proceeding initiated by the board. new text end 62.12 new text begin If an electrical code amendment considered, or reconsidered, by the board receives less new text end 62.13 new text begin than a two-thirds majority vote of all of the voting members of the board, the electrical new text end 62.14 new text begin code amendment shall not be included in the next electrical code rulemaking proceeding new text end 62.15 new text begin initiated by the board. new text end 62.16     new text begin (c) The board may reconsider electrical code amendments during an active electrical new text end 62.17 new text begin code rulemaking proceeding in which the amendment previously failed to receive a new text end 62.18 new text begin two-thirds majority vote or more of all of the voting members of the board only if new new text end 62.19 new text begin or updated information that affects the electrical code amendment is presented to the new text end 62.20 new text begin board. The board may also reconsider failed electrical code amendments in subsequent new text end 62.21 new text begin electrical code rulemaking proceedings. new text end 62.22     new text begin (d) Each proposed rule and rule amendment considered by the board pursuant to the new text end 62.23 new text begin rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that new text end 62.24 new text begin receives an affirmative majority vote of all of the voting members of the board shall be new text end 62.25 new text begin included in the next rulemaking proceeding initiated by the board. If a proposed rule or new text end 62.26 new text begin rule amendment considered, or reconsidered, by the board receives less than an affirmative new text end 62.27 new text begin majority vote of all of the voting members of the board, the proposed rule or rule new text end 62.28 new text begin amendment shall not be included in the next rulemaking proceeding initiated by the board. new text end 62.29     new text begin (e) The board may reconsider proposed rule or rule amendment during an active new text end 62.30 new text begin rulemaking proceeding in which the amendment previously failed to receive an affirmative new text end 62.31 new text begin majority vote of all of the voting members of the board only if new or updated information new text end 62.32 new text begin that affects the proposed rule or rule amendment is presented to the board. The board new text end 62.33 new text begin may also reconsider failed proposed rule or rule amendment in subsequent rulemaking new text end 62.34 new text begin proceedings. new text end 63.1     new text begin Subd. 7. new text end new text begin Board meetings. new text end new text begin (a) The board shall hold meetings at such times as the new text end 63.2 new text begin board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D new text end 63.3 new text begin and in a manner as the bylaws may provide. new text end 63.4     new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a new text end 63.5 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 63.6 new text begin conditions are met: new text end 63.7     new text begin (1) all members of the board participating in the meeting, wherever their physical new text end 63.8 new text begin location, can hear one another and can hear all discussion and testimony; new text end 63.9     new text begin (2) members of the public present at the regular meeting location of the board can new text end 63.10 new text begin hear clearly all discussion and testimony and all votes of members of the board and, if new text end 63.11 new text begin needed, receive those services required by sections 15.44 and 15.441; new text end 63.12     new text begin (3) at least one member of the board is physically present at the regular meeting new text end 63.13 new text begin location; and new text end 63.14     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 63.15 new text begin identified and recorded. new text end 63.16     new text begin Each member of the board participating in a meeting by telephone or other electronic new text end 63.17 new text begin means is considered present at the meeting for purposes of determining a quorum and new text end 63.18 new text begin participating in all proceedings. new text end 63.19     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 63.20 new text begin emergency meeting, the board, to the extent practical, shall allow a person to monitor new text end 63.21 new text begin the meeting electronically from a remote location. The board may require the person new text end 63.22 new text begin making such a connection to pay for documented costs that the board incurs as a result of new text end 63.23 new text begin the additional connection. new text end 63.24     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 63.25 new text begin emergency meeting, the board shall provide notice of the regular meeting location, of the new text end 63.26 new text begin fact that some members may participate by telephone or other electronic means, and that new text end 63.27 new text begin a person may monitor the meeting electronically from a remote location. Any person new text end 63.28 new text begin monitoring the meeting electronically from a remote location may be required to pay new text end 63.29 new text begin documented costs incurred by the board as a result of the additional connection. The new text end 63.30 new text begin timing and method of providing notice is governed by section 13D.04. new text end 63.31     new text begin Subd. 8. new text end new text begin Complaints. new text end new text begin (a) The board shall promptly forward to the commissioner new text end 63.32 new text begin the substance of any complaint or communication it receives, whether in writing or oral, new text end 63.33 new text begin that alleges or implies a violation of a statute, rule, or order that the commissioner has new text end 63.34 new text begin the authority to enforce pertaining to the license or registration of any person authorized new text end 63.35 new text begin by the department to provide electrical work, the performance or offering to perform new text end 63.36 new text begin electrical work requiring licensure or registration, or electrical code compliance. Each new text end 64.1 new text begin complaint or communication that is forwarded to the commissioner shall be submitted new text end 64.2 new text begin on a form provided by the commissioner. new text end 64.3     new text begin (b) The commissioner shall advise the board of the status of the complaint within 90 new text end 64.4 new text begin days after the board's written submission is received, or within 90 days after the board new text end 64.5 new text begin is provided with a written request for additional information or documentation from the new text end 64.6 new text begin commissioner or the commissioner's designee, whichever is later. The commissioner shall new text end 64.7 new text begin advise the board of the disposition of a complaint referred by the board within 180 days new text end 64.8 new text begin after the board's written submission is received. The commissioner shall annually report to new text end 64.9 new text begin the board a summary of the actions taken in response to complaints referred by the board. new text end 64.10     new text begin Subd. 9. new text end new text begin Data Practices Act. new text end new text begin The board is subject to chapter 13, the Minnesota new text end 64.11 new text begin Government Data Practices Act, and shall protect from unlawful disclosure data classified new text end 64.12 new text begin as not public. new text end 64.13     new text begin Subd. 10. new text end new text begin Official records. new text end new text begin The board shall make and preserve all records necessary new text end 64.14 new text begin to a full and accurate knowledge of its official activities in accordance with section 15.17. new text end 64.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 64.16    Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read: 64.17326.242 LICENSES. 64.18    Subdivision 1. Master electrician. Except as otherwise provided by law, no person new text begin new text end 64.19 new text begin individual new text end shall install, alter, repair, plan, lay out, or supervise the installing, altering, or 64.20repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other 64.21purposes new text begin perform or supervise electrical work new text end unless the person new text begin individual new text end is: (a) licensed 64.22by the board new text begin commissioner new text end as a master electrician new text begin ; new text end and (b)(i) the electrical work is for a 64.23licensed contractor and the person new text begin individual new text end is an employee, partner, or officer of, or is 64.24the licensed contractor, or (ii) the electrical work is performed for the person's new text begin individual's new text end 64.25employer on electric new text begin electrical new text end wiring, apparatus, equipment, or facilities new text begin that are new text end owned 64.26or leased by the employer which is new text begin and that are new text end located within the limits of property 64.27which is new text begin operated, maintained, and either new text end owned or leased and operated and maintained by 64.28the employer. 64.29    (1) An applicant for a Class A master electrician's new text begin electrician new text end license shall (a) 64.30be a graduate of a four-year electrical course in new text begin offered by new text end an accredited college or 64.31university; or (b) shall have had at least one year's new text begin year of new text end experience, acceptable to the 64.32board new text begin commissioner new text end , as a licensed journeyman; or (c) shall have had at least five years' 64.33experience, acceptable to the board new text begin commissioner new text end , in planning for, laying out, supervising 64.34and installing wiring, apparatus, or equipment for electrical light, heat and power. 65.1    (2) As of August 1, 1985, no new Class B master electrician's new text begin electrician new text end licenses 65.2shall be issued. An individual who has a Class B master electrician's new text begin electrician new text end license as 65.3of August 1, 1985 new text begin , new text end may retain new text begin and renew new text end the license and exercise the privileges it grants, 65.4which include electrical work limited to single phase systems, not over 200 amperes in 65.5capacity, on farmsteads or single-family dwellings located in towns or municipalities 65.6with fewer than 2,500 inhabitants. 65.7    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law, 65.8no person new text begin individual new text end shall install, alter, repair, or supervise the installing, altering, or 65.9repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other 65.10purposes new text begin perform and supervise any electrical work except for planning or laying out new text end 65.11 new text begin of electrical work new text end unless: 65.12    (1) the person new text begin individual new text end is licensed by the board new text begin commissioner new text end as a journeyman 65.13electrician; and 65.14    (2) the electrical work is: 65.15    (i) for a contractor and the person new text begin individual new text end is an employee, partner, or officer of 65.16the licensed contractor; or 65.17    (ii) performed under the supervision of a master electrician also employed by the 65.18person's new text begin individual's new text end employer on electrical wiring, apparatus, equipment, or facilities new text begin new text end 65.19 new text begin that are new text end owned or leased by the employer new text begin and new text end that is new text begin are new text end located within the limits of 65.20property new text begin operated, maintained, and either new text end owned or leased, operated, and maintained by 65.21the employer. 65.22    (b) An applicant for a Class A journeyman electrician's new text begin electrician new text end license shall have 65.23had at least four years of experience, acceptable to the board new text begin commissioner new text end , in wiring for, 65.24installing, and repairing electrical wiring, apparatus, or equipment, provided however, 65.25that the board new text begin commissioner new text end may by rule provide for the allowance of new text begin allow new text end one year of 65.26experience credit for new text begin the new text end successful completion of a two-year post high school electrical 65.27course approved by the board new text begin commissioner new text end . 65.28    (c) As of August 1, 1985, no new Class B journeyman electrician's new text begin electrician new text end 65.29licenses shall be issued. An individual who holds a Class B journeyman electrician's new text begin new text end 65.30 new text begin electrician new text end license as of August 1, 1985 new text begin , new text end may retain new text begin and renew new text end the license and exercise the 65.31privileges it grants, which include electrical work limited to single phase systems, not over 65.32200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or 65.33municipalities with fewer than 2,500 inhabitants. 65.34    Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and 65.356, any person new text begin individual new text end holding a Class A installer license may lay out and install and 65.36supervise the laying out and installing of electrical wiring, apparatus, or equipment for 66.1major electrical home appliances on the load side of the main service on farmsteads and in 66.2any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to 66.3a city of the first class and does not contain an established business of a contractor. new text begin As new text end 66.4 new text begin of December 1, 2007, no new Class A installer licenses shall be issued. An individual new text end 66.5 new text begin who holds a Class A installer license as of December 1, 2007, may retain and renew the new text end 66.6 new text begin license and exercise the privileges it grants. new text end 66.7    Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2 66.8and 6, any person new text begin individual new text end holding a Class B installer license may lay out and install 66.9electrical wiring, apparatus and equipment on center pivot irrigation booms on the load 66.10side of the main service on farmsteads, and install such other electrical equipment as is 66.11determined new text begin approved new text end by the board new text begin commissioner new text end . 66.12    Subd. 3b. Coursework or experience. An applicant for a Class A or B installer 66.13license shall have completed a post high school course in electricity acceptable to new text begin new text end 66.14 new text begin approved by new text end the board new text begin commissioner new text end or shall have had at least one year's new text begin year of new text end 66.15experience, acceptable to new text begin approved by new text end the board new text begin commissioner, new text end in electrical wiring. 66.16    Subd. 3c. Bond. Every new text begin Class A and Class B new text end installer, as a condition of licensure, 66.17shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful 66.18performance of all work contracted for or entered upon by the installer within the state of 66.19Minnesota, and such bond shall be for the benefit of persons injured or suffering financial 66.20loss by reason of failure of such performance. Such bond shall be in lieu of all other 66.21license bonds to any political subdivision of the state. Such bond shall be written by a 66.22corporate surety licensed to do business in the state of Minnesota. 66.23    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, 66.24no person new text begin individual new text end shall install, alter, repair, plan, lay out, or supervise the installing, 66.25altering, or repairing new text begin , planning, or laying out new text end of electrical wiring, apparatus, or equipment 66.26for technology circuits or systems unless: 66.27    (1) the person new text begin individual new text end is licensed by the board new text begin commissioner new text end as a power limited 66.28technician; and 66.29    (2) the electrical work is: 66.30    (i) for a licensed contractor and the person new text begin individual new text end is an employee, partner, or 66.31officer of, or is the licensed contractor; or 66.32    (ii) performed under the new text begin direct new text end supervision of a master electrician or power limited 66.33technician also employed by the person's new text begin individual's new text end employer on technology circuits, 66.34systems, apparatus, equipment, or facilities new text begin that are new text end owned or leased by the employer new text begin and new text end 66.35that are located within the limits of property new text begin operated, maintained, and either new text end owned or 66.36leased, operated, and maintained by the employer. 67.1    (b) An applicant for a power limited technician's license shall (1) be a graduate 67.2of a four-year electrical course in new text begin offered by new text end an accredited college or university; or (2) 67.3have had at least 36 months' experience, acceptable to the board, in planning for, laying 67.4out, supervising, and installing new text begin , altering, and repairing new text end wiring, apparatus, or equipment 67.5for power limited systems, provided however, that the board may by rule provide for the 67.6allowance of up to 12 months (2,000 hours) of experience credit for successful completion 67.7of a two-year post high school electrical course or other technical training approved by 67.8the board. 67.9    (c) The board may initially set experience requirements without rulemaking, but 67.10must adopt rules before July 1, 2004. 67.11    (d) new text begin (c) new text end Licensees must attain eight new text begin 16 new text end hours of continuing education acceptable to 67.12the board every renewal period. 67.13    (e) A person who has submitted an application by June 30, 2003, to take the alarm 67.14and communications examination administered by the board, and who has achieved a 67.15minimal score of 70 percent on the examination by September 30, 2003, may obtain a 67.16power limited technician license without further examination by submitting an application 67.17and a license fee of $30. 67.18    (f) new text begin (d) new text end A company holding an alarm and communication license as of June 30, 2003, 67.19may designate one person new text begin individual new text end who may obtain a power limited technician license 67.20without passing an examination administered by the board new text begin commissioner new text end by submitting an 67.21application and license fee of $30. 67.22    (g) new text begin (e) new text end A person who has submitted an application by September 30, 2005 new text begin December new text end 67.23 new text begin 30, 2007 new text end , to take the power limited technician examination administered by the board 67.24 new text begin department new text end is not required to meet the qualifications set forth in paragraph (b). 67.25    Subd. 4. Special electrician. Notwithstanding the provisions of subdivisions 1, 2, 67.266, and 7, the board may by rule provide for the issuance of special electrician licenses 67.27empowering the licensee to engage in a limited class or classes of electrical work, which 67.28class or classes shall be specified on the license certificate. Each licensee shall have had 67.29at least two years of experience, acceptable to the board, in each such limited class of 67.30work for which the licensee is licensed. 67.31    Subd. 5. Unlicensed persons new text begin individuals new text end . (a) An unlicensed person new text begin individual new text end 67.32 new text begin means an individual who has not been licensed by the department to perform specific new text end 67.33 new text begin electrical work. An unlicensed individual new text end shall not perform electrical work new text begin required to new text end 67.34 new text begin be performed by a licensed individual new text end unless new text begin the individual has first registered with the new text end 67.35 new text begin department as an unlicensed individual. Thereafter, an unlicensed individual shall not new text end 67.36 new text begin perform electrical work required to be performed by a licensed individual unless new text end the work 68.1is performed under the personal new text begin direct new text end supervision of a person new text begin an individual new text end actually 68.2licensed to perform such work and new text begin . new text end The licensed electrician new text begin individual new text end and unlicensed 68.3persons are new text begin individual must be new text end employed by the same employer. Licensed persons 68.4 new text begin individuals new text end shall not permit unlicensed persons new text begin individuals new text end to perform electrical work 68.5except under the personal new text begin direct new text end supervision of a person new text begin an individual new text end actually licensed to 68.6perform such work. Unlicensed persons new text begin individuals new text end shall not supervise the performance of 68.7electrical work or make assignments of electrical work to unlicensed persons new text begin individuals new text end . 68.8Except for technology circuit or system work, licensed persons new text begin individuals new text end shall supervise 68.9no more than two unlicensed persons new text begin individuals new text end . For technology circuit or system 68.10work, licensed persons new text begin individuals new text end shall supervise no more than three unlicensed persons new text begin new text end 68.11 new text begin individuals new text end . 68.12    (b) Notwithstanding any other provision of this section, no person new text begin individual new text end other 68.13than a master electrician or power limited technician shall plan or lay out electrical wiring, 68.14apparatus, or equipment for light, heat, power, or other purposes, except circuits or 68.15systems exempted from personal licensing by subdivision 12, paragraph (b). 68.16    (c) Contractors employing unlicensed persons performing new text begin individuals to perform new text end 68.17electrical work shall maintain records establishing compliance with this subdivision, 68.18which new text begin that new text end shall designate new text begin identify new text end all unlicensed persons new text begin individuals new text end performing electrical 68.19work, except for persons new text begin individuals new text end working on circuits or systems exempted from 68.20personal licensing by subdivision 12, paragraph (b), and shall permit the board new text begin department new text end 68.21to examine and copy all such records as provided for in section 326.244, subdivision 6. 68.22     new text begin (d) When a licensed individual supervises the electrical work of an unlicensed new text end 68.23 new text begin individual, the licensed individual is responsible for ensuring that the electrical work new text end 68.24 new text begin complies with the Minnesota Electrical Act and all rules adopted under the act. new text end 68.25     new text begin Subd. 5a. new text end new text begin Registration of unlicensed individuals. new text end new text begin Unlicensed individuals new text end 68.26 new text begin performing electrical work for a contractor or employer shall register with the department new text end 68.27 new text begin in the manner prescribed by the commissioner. Experience credit for electrical work new text end 68.28 new text begin performed in Minnesota after January 1, 2008, by an applicant for a license identified in new text end 68.29 new text begin this section shall not be granted where the applicant has not registered with or is not new text end 68.30 new text begin licensed by the department. new text end 68.31    Subd. 6. Contractor's license required. Except as otherwise provided by law, no 68.32person new text begin individual new text end other than an employee, partner, or officer of a licensed contractor, as 68.33defined by section 326.01 new text begin 326B.31 new text end , subdivision 5 new text begin 12 new text end , shall undertake new text begin perform new text end or offer 68.34to undertake to plan for, lay out, supervise or install or to make additions, alterations, or 68.35repairs in the installation of electrical wiring, apparatus, and equipment for light, heat, 68.36power, and other purposes new text begin perform electrical work new text end with or without compensation unless 69.1the person new text begin individual new text end obtains a contractor's license. A contractor's license does not of itself 69.2qualify its holder to perform or supervise the electrical work authorized by holding any 69.3class of personal electrical license. 69.4    Subd. 6a. Bond required. new text begin As a condition of licensing, new text end each contractor shall give 69.5and maintain bond to the state in the penal sum of $5,000 new text begin $25,000 new text end conditioned upon the 69.6faithful and lawful performance of all work entered upon new text begin contracted for or performed new text end by 69.7the contractor within the state of Minnesota and such bond shall be for the benefit of 69.8persons injured or suffering financial loss by reason of failure of such performance. The 69.9bond shall be filed with the board new text begin commissioner new text end and shall be in lieu of all other license 69.10bonds to any new text begin other new text end political subdivision. Such bond shall be written by a corporate surety 69.11licensed to do business in the state of Minnesota. 69.12    Subd. 6b. Insurance required. Each contractor shall have and maintain in effect 69.13general liability insurance, which includes premises and operations insurance and products 69.14and completed operations insurance, with limits of at least $100,000 per occurrence, 69.15$300,000 aggregate limit for bodily injury, and property damage insurance with limits 69.16of at least $25,000 new text begin $50,000 new text end or a policy with a single limit for bodily injury and property 69.17damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance 69.18shall be written by an insurer licensed to do business in the state of Minnesota and each 69.19contractor shall maintain on file with the board new text begin commissioner new text end a certificate evidencing such 69.20insurance which provides that such insurance shall not be canceled without the insurer 69.21first giving 15 days written notice to the board new text begin commissioner new text end of such cancellation. 69.22    Subd. 6c. Employment of master electrician or power limited technician. (a) No 69.23contractor shall engage in business of electrical contracting unless the contractor employs 69.24a licensed Class A master or Class B new text begin Each contractor must designate a responsible new text end master 69.25electrician, or power limited technician, who shall be responsible for the performance of 69.26all electrical work in accordance with the requirements of sections to new text begin new text end 69.27 new text begin 326B.31 to 326B.399 new text end or any rule or order adopted or issued under these sections. The 69.28classes of work for which the new text begin that a new text end licensed contractor is authorized new text begin to perform new text end shall be 69.29limited to those for which such Class A master electrician, Class B master electrician, 69.30or power limited technician employed by the contractor new text begin the classes of work that the new text end 69.31 new text begin responsible master electrician or power limited electrician new text end is licensed new text begin to perform new text end . 69.32    (b) When a contractor's license is held by an individual, new text begin sole proprietorship, new text end 69.33partnership, limited liability company, or corporation and the individual, new text begin proprietor, new text end one 69.34of the partners, one of the members, or an officer of the corporation, respectively, is not 69.35the responsible master electrician or power limited technician of record, all requests for 69.36inspection shall be signed by the responsible master electrician or power limited technician 70.1of record. The designated responsible master electrician or power limited technician of 70.2record shall be employed by the individual, partnership, limited liability company, or 70.3corporation which is applying for a contractor's license and shall not be employed in any 70.4capacity as a licensed electrician or licensed technician by any other contractor or employer 70.5designated in subdivision 12. new text begin If the contractor is an individual or a sole proprietorship, the new text end 70.6 new text begin responsible licensed individual must be the individual, proprietor, or managing employee. new text end 70.7 new text begin If the contractor is a partnership, the responsible licensed individual must be a general new text end 70.8 new text begin partner or managing employee. If the licensed contractor is a limited liability company, new text end 70.9 new text begin the responsible licensed individual must be a chief manager or managing employee. If new text end 70.10 new text begin the contractor is a corporation, the responsible licensed individual must be an officer or new text end 70.11 new text begin managing employee. If the responsible licensed individual is a managing employee, the new text end 70.12 new text begin responsible licensed individual must be actively engaged in performing electrical work new text end 70.13 new text begin on behalf of the contractor, and cannot be employed in any capacity as an electrician new text end 70.14 new text begin or technician by any other contractor or employer designated in subdivision 12. An new text end 70.15 new text begin individual may be the responsible licensed individual for only one contractor or employer. new text end 70.16    (c) All applications new text begin and renewals new text end for contractor's new text begin contractor new text end licenses and all renewals 70.17shall include a verified statement that the applicant or licensee has complied with this 70.18subdivision. 70.19    Subd. 7. Examination. In addition to the new text begin other new text end requirements imposed herein new text begin new text end 70.20 new text begin described in this section new text end and except as herein otherwise provided new text begin in subdivision 11 new text end , as 70.21a precondition to issuance of a personal license, each applicant must pass a written 70.22or oral examination given new text begin developed and administered new text end by the board new text begin commissioner new text end to 70.23insure new text begin ensure new text end the competence of each applicant for license. An oral examination shall 70.24be administered only to an applicant who furnishes a written statement from a certified 70.25teacher or other professional, trained in the area of reading disabilities stating that the 70.26applicant has a specific reading disability which would prevent the applicant from 70.27performing satisfactorily on a written test. The oral examination shall be structured so that 70.28an applicant who passes the examination will not impair the applicant's own safety or that 70.29of others while acting as a licensed person new text begin individual new text end . No person new text begin individual new text end failing an 70.30examination may retake it for six months thereafter, but within such six months the person new text begin new text end 70.31 new text begin individual new text end may take an examination for a lesser grade of license. Any licensee new text begin individual new text end 70.32failing to renew a new text begin personal new text end license for two years or more after its expiration new text begin , and any new text end 70.33 new text begin licensee whose personal license is revoked under this chapter, new text end shall be required to retake 70.34the examination before being issued a new license. new text begin An individual whose personal license new text end 70.35 new text begin is revoked under any other chapter is not required to retake the examination before being new text end 70.36 new text begin issued a new license, unless the personal license was revoked two years or more before the new text end 71.1 new text begin commissioner received the completed application for a new license. A licensee whose new text end 71.2 new text begin personal license is suspended for any reason is not required to retake the examination new text end 71.3 new text begin before the personal license is reinstated, unless the personal license has not been reinstated new text end 71.4 new text begin within two years after the suspension began. new text end 71.5    An applicant for a personal license shall submit to the board new text begin commissioner new text end an 71.6application and examination fee at the time of application. Upon approval of the 71.7application, the board new text begin commissioner new text end shall schedule the applicant for the next available 71.8examination, which shall be held within 60 days. The applicant shall be allowed one 71.9opportunity to reschedule an examination without being required to submit another 71.10application and examination fee. Additionally, an applicant who fails an examination, or 71.11whose application has been disapproved, must new text begin was not approved, shall new text end submit another 71.12application and examination fee. 71.13    Subd. 8. License and renewal fees new text begin ; expiration new text end . All licenses issued hereunder shall 71.14expire in a manner as provided by the board. new text begin (a) Unless revoked or suspended under this new text end 71.15 new text begin chapter, all licenses issued or renewed under this section expire on the date specified new text end 71.16 new text begin in this subdivision. Master licenses expire March 1 of each odd-numbered year after new text end 71.17 new text begin issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered new text end 71.18 new text begin year after issuance or renewal. Technology system contractor licenses expire August 1 of new text end 71.19 new text begin each even-numbered year after issuance or renewal. All other personal licenses expire two new text end 71.20 new text begin years from the date of original issuance and every two years thereafter. new text end 71.21     new text begin (b) new text end Fees, as set by the board, shall be payable for new text begin application and new text end examination, new text begin and new text end 71.22 new text begin for the original new text end issuance and new text begin each subsequent new text end renewal of the following new text begin , are new text end : 71.23    (1) For new text begin each personal license application and new text end examination: new text begin $35; new text end 71.24    Class A Master. 71.25    Class B Master. 71.26    Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or 71.27Special Electrician. 71.28    (2) For new text begin original new text end issuance of original license and new text begin each subsequent new text end renewal new text begin of new text end : 71.29    Class A Master. new text begin or master elevator constructor: $40 per year new text end new text begin ; new text end 71.30    Class B Master. new text begin : $25 per year new text end new text begin ; new text end 71.31    Power Limited Technician. new text begin : $15 per year new text end new text begin ; new text end 71.32    Class A Journeyman, Class B Journeyman, Installer, or Special new text begin Elevator Constructor, new text end 71.33 new text begin Lineman, or Maintenance new text end Electrician. new text begin : $15 per year new text end new text begin ; new text end 71.34    Electrical contractor. new text begin : $100 per year; new text end 71.35    Technology Systems Contractor new text begin Unlicensed individual registration: $15 per year new text end . 72.1     new text begin (c) If any new license is issued in accordance with this subdivision for less than two new text end 72.2 new text begin years, the fee for the license shall be prorated on an annual basis. new text end 72.3     new text begin (d) A license fee may not be refunded after a license is issued or renewed. However, new text end 72.4 new text begin if the fee paid for a license was not prorated in accordance with this subdivision, the new text end 72.5 new text begin amount of the overpayment shall be refunded. new text end 72.6     new text begin (e) Any contractor who seeks reissuance of a license after it has been revoked or new text end 72.7 new text begin suspended under this chapter shall submit a reissuance fee of $100 before the license is new text end 72.8 new text begin reinstated. new text end 72.9     new text begin (f) The fee for the issuance of each duplicate license is $15. new text end 72.10    (3) new text begin (g) new text end An individual or contractor who fails to renew a license before 30 days 72.11after the expiration of the license must submit a late fee equal to one year's license fee in 72.12addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual 72.13or contractor that fails to renew a license by the expiration date is unlicensed until the 72.14license is renewed. 72.15    Subd. 9. Denial, suspension, and revocation of licenses. The board may by order 72.16deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board 72.17finds (1) in its discretion that the order is in the public interest and (2) that, based upon a 72.18preponderance of the evidence presented, the applicant or licensee: 72.19    (a) has filed an application for a license which is incomplete in any material respect 72.20or contains any statement which, in light of the circumstances under which it is made, is 72.21false or misleading with respect to any material fact; 72.22    (b) has engaged in any fraudulent, deceptive, or dishonest act or practice; 72.23    (c) has been convicted within the past five years of a misdemeanor involving a 72.24violation of sections to ; 72.25    (d) has violated or failed to comply with sections to or any rule or 72.26order adopted or issued under these sections; or 72.27    (e) has, in the conduct of the applicant's or licensee's affairs, including, but 72.28not limited to, the performance of electrical work, been shown to be incompetent or 72.29untrustworthy. 72.30    If a licensee engages in conduct that is proven by a preponderance of the evidence to 72.31be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a 72.32violation of this subdivision. The board may take action under this subdivision or any 72.33other law authorizing action against a licensee regardless of whether the underlying 72.34conduct was willful. 73.1    The board may adopt rules further specifying and defining actions, conduct, and 73.2omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and 73.3establishing standards of conduct for applicants and licensees. 73.4    Subd. 9a. Civil penalties. Whenever a preponderance of the evidence presented 73.5proves that a person has violated or failed to comply with sections to or 73.6any rule or order adopted or issued under these sections, the board may impose a civil 73.7penalty upon the person in an amount not to exceed $10,000 per violation. 73.8    Subd. 9b. Orders for hearing. The complaint committee may, on behalf of the 73.9board, issue an order requiring a licensee or an applicant for a license to appear at a 73.10hearing on the issue of whether the license should be revoked or suspended, the licensee 73.11censured, the application denied, or a civil penalty imposed. The order shall be calculated 73.12to give reasonable notice of the time and place for hearing, and shall state the reasons for 73.13the entry of the order. All hearings shall be conducted in accordance with chapter 14. 73.14After the hearing, the board shall enter an order making a disposition of the matter as the 73.15facts require. If the licensee or applicant fails to appear at a hearing of which that person 73.16has been duly notified, the person is in default and the proceeding may be determined 73.17against that person upon consideration of the order for hearing, the allegations of which 73.18may be deemed to be true. 73.19    Subd. 9c. Temporary suspension. (a) The complaint committee may, on 73.20behalf of the board and in the public interest, temporarily suspend a license pending 73.21final determination of an order for hearing. The complaint committee shall not issue 73.22a temporary suspension order until an investigation of the facts has been conducted 73.23pursuant to section by the attorney general. The complaint committee shall issue a 73.24temporary suspension order only when the safety of life or property is threatened or to 73.25prevent the commission of fraudulent, deceptive, or dishonest acts against the public. 73.26Service of the temporary suspension order is effective if the order is served on the licensee 73.27or counsel of record personally or by first class mail to the most recent address provided to 73.28the board for the licensee or the counsel of record. 73.29    (b) If a license is suspended pending final determination of an order for hearing, a 73.30hearing on the merits shall be held within 45 days of the issuance of the order of temporary 73.31suspension. The administrative law judge shall issue a report within 30 days after closing 73.32of the contested case hearing record. The board shall issue a final order within 30 days 73.33after receipt of that report and any exceptions. 73.34    (c) If the licensee requests a hearing in writing within ten days of service of the 73.35order, the board shall hold a hearing before its own members on the sole issue of whether 73.36there is a reasonable basis to continue, modify, or vacate the temporary suspension. The 74.1board shall hold the hearing within five working days of the licensee's request for hearing. 74.2Evidence presented by the complaint committee or licensee shall be in affidavit form only. 74.3The licensee or counsel of record for the licensee may appear for oral argument. Within 74.4five working days after the hearing, the board shall issue its order either continuing or 74.5vacating the temporary suspension. 74.6    Subd. 9d. Cease and desist order. (a) Whenever it appears to the complaint 74.7committee that any person has engaged or is about to engage in any act or practice 74.8constituting a violation of sections to , any other law authorizing the 74.9issuance of a cease and desist order, or any rule or order adopted or issued under these 74.10sections, the complaint committee may, on behalf of the board, issue and cause to be 74.11served upon the person an order requiring the person to cease and desist from violating 74.12sections to or any rule or order adopted or issued under these sections. 74.13The complaint committee shall not issue a cease and desist order until an investigation of 74.14the facts has been conducted pursuant to section by the attorney general. The order 74.15shall be calculated to give reasonable notice of the right of the person to request a hearing 74.16and shall state the reasons for the entry of the order. If no hearing is requested of the board 74.17within 15 days of service of the order, the order shall become final and shall remain in 74.18effect until it is modified or vacated by the board and shall not be reviewable by a court. 74.19    (b) A hearing shall be held not later than 30 days from the date of the board's receipt 74.20of a written hearing request, unless otherwise agreed by the person requesting the hearing 74.21and the complaint committee. Within 30 days of receipt of the administrative law judge's 74.22report and any exceptions, the board shall issue a final order modifying, vacating, or 74.23making permanent the cease and desist order as the facts require. The final order remains 74.24in effect until modified or vacated by the board. 74.25    Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse the 74.26board for all or part of the cost of the proceedings resulting in disciplinary action or 74.27the imposition of civil penalties or the issuance of a cease and desist order. Such fees 74.28include, but are not limited to, the amount paid by the board for services from the office of 74.29administrative hearings, attorney fees, court reporters, witnesses, reproduction of records, 74.30board members' per diem compensation, board staff time, and expense incurred by board 74.31members and staff. 74.32    Subd. 9f. District court action; injunctive relief and civil penalties. (a) Whenever 74.33it appears to the board, or the complaint committee if authorized by the board, that any 74.34person has engaged or is about to engage in any act or practice constituting a violation of 74.35sections to or any rule or order adopted or issued under these sections, 74.36the board, or the complaint committee if authorized by the board, may bring an action 75.1in the name of the board in the Ramsey County District Court or the district court of 75.2any other county in which venue is proper. 75.3    (b) The action may be brought to enjoin the acts or practices and to enforce 75.4compliance with sections to , any other law authorizing a civil or 75.5injunctive action, or any rule or order adopted or issued under these sections and for a civil 75.6penalty not to exceed $10,000 for each separate violation of sections to , 75.7any other law authorizing a civil or injunctive action, or any rule or order adopted or 75.8issued under these sections. 75.9    (c) A temporary restraining order and other temporary injunctive relief shall be 75.10granted in the proceeding whenever it appears that any person has engaged in or is about 75.11to engage in any act, conduct, or practice constituting violation of sections to 75.12, any other law authorizing a civil or injunctive action, or any rule or order adopted 75.13or issued under these sections. The board shall not be required to show irreparable harm. 75.14    Subd. 9g. Other remedies. The issuance of a cease and desist order or injunctive 75.15relief under this section does not relieve a person from criminal prosecution by any 75.16competent authority or from disciplinary action by the board and does not prevent the 75.17board from exercising any other authority granted to it. 75.18    Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g are in 75.19addition to all other powers of the board. 75.20    Subd. 9i. Cooperation required. A person who is the subject of an investigation, 75.21or who is questioned in connection with an investigation, by or on behalf of the board 75.22or its complaint committee shall cooperate fully with the investigation. Cooperation 75.23includes, but is not limited to: 75.24    (1) responding fully and promptly to questions raised by or on behalf of the board or 75.25its complaint committee relating to the subject of the investigation; 75.26    (2) providing copies of records in the person's possession related to the matter under 75.27investigation as requested by the board, its complaint committee, or the attorney general 75.28within the time limit set by the board, its complaint committee, or the attorney general; 75.29    (3) assisting the board, its complaint committee, or the attorney general in its 75.30investigation; and 75.31    (4) appearing at conferences or hearings scheduled by the board or its complaint 75.32committee. 75.33    Subd. 9j. Disciplinary proceedings closed. Proceedings held before the board or 75.34its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the 75.35requirements of section . 76.1    Subd. 9k. Conflicts of law. If there is a conflict between sections to 76.2 and chapter 214, sections to shall control. 76.3    Subd. 10. Continuation of business by estates. Upon the death of a master who is 76.4a contractor, the board may permit the decedent's representative to carry on the business 76.5of the decedent for a period not in excess of six months, for the purpose of completing 76.6work under contract or otherwise to comply with sections to . The 76.7representative shall give such bond as the board may require conditioned upon the faithful 76.8and lawful performance of such work and such bond shall be for the benefit of persons 76.9injured or suffering financial loss by reason of failure of such performance. Such bond 76.10shall be written by a corporate surety licensed to do business in the state of Minnesota. 76.11Such representative shall also comply with all public liability and property damage 76.12insurance requirements imposed by this chapter upon a licensed contractor. 76.13    Subd. 11. Reciprocity. To the extent that any other state which provides for the 76.14licensing of electricians provides for similar action the board may grant licenses, without 76.15examination, of the same grade and class to an electrician who has been licensed by such 76.16other state for at least one year, upon payment by the applicant of the required fee and 76.17upon the board being furnished with proof that the required fee and upon the board being 76.18furnished with proof that the qualifications of the applicant are equal to the qualifications 76.19of holders of similar licenses in Minnesota. new text begin The commissioner may enter into reciprocity new text end 76.20 new text begin agreements for personal licenses with another state if approved by the board. Once new text end 76.21 new text begin approved by the board, the commissioner may issue a personal license without requiring new text end 76.22 new text begin the applicant to pass an examination provided the applicant: new text end 76.23     new text begin (a) submits an application under section 326.242; new text end 76.24     new text begin (b) pays the fee required under section 326.242; and new text end 76.25     new text begin (c) holds a valid comparable license in the state participating in the agreement. new text end 76.26     new text begin Agreements are subject to the following: new text end 76.27     new text begin (1) The parties to the agreement must administer a statewide licensing program that new text end 76.28 new text begin includes examination and qualifying experience or training comparable to Minnesota's. new text end 76.29     new text begin (2) The experience and training requirements under which an individual applicant new text end 76.30 new text begin qualified for examination in the qualifying state must be deemed equal to or greater than new text end 76.31 new text begin required for an applicant making application in Minnesota at the time the applicant new text end 76.32 new text begin acquired the license in the qualifying state. new text end 76.33     new text begin (3) The applicant must have acquired the license in the qualifying state through an new text end 76.34 new text begin examination deemed equivalent to the same class of license examination in Minnesota. new text end 76.35 new text begin A lesser class of license may be granted where the applicant has acquired a greater new text end 77.1 new text begin class of license in the qualifying state and the applicant otherwise meets the conditions new text end 77.2 new text begin of this subdivision. new text end 77.3     new text begin (4) At the time of application, the applicant must hold a valid license in the new text end 77.4 new text begin qualifying state and have held the license continuously for at least one year before making new text end 77.5 new text begin application in Minnesota. new text end 77.6     new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant new text end 77.7 new text begin has failed the same or greater class of license examination in Minnesota, or if the new text end 77.8 new text begin applicant's license of the same or greater class has been revoked or suspended. new text end 77.9     new text begin (6) An applicant who has failed to renew a personal license for two years or more new text end 77.10 new text begin after its expiration is not eligible for a license under this subdivision. new text end 77.11    Subd. 12. Exemptions from licensing. (a) new text begin An individual who is new text end a maintenance 77.12electrician who is supervised by the responsible master electrician for a contractor who 77.13has contracted with the maintenance electrician's employer to provide services for which 77.14a contractor's license is required or by a master electrician or an electrical engineer 77.15registered with the board and who is an employee of an employer and is engaged in the 77.16maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased 77.17by the employer, and performed within the limits of property which is owned or leased 77.18and operated and maintained by said employer, shall new text begin is new text end not be required to hold or obtain a 77.19license under sections to . new text begin 326B.31 to 326B.399 if: new text end 77.20     new text begin (1) the individual is engaged in the maintenance and repair of electrical equipment, new text end 77.21 new text begin apparatus, and facilities that are owned or leased by the individual's employer and that are new text end 77.22 new text begin located within the limits of property operated, maintained, and either owned or leased by new text end 77.23 new text begin the individual's employer; new text end 77.24     new text begin (2) the individual is supervised by: new text end 77.25     new text begin (i) the responsible master electrician for a contractor who has contracted with the new text end 77.26 new text begin individual's employer to provide services for which a contractor's license is required; or new text end 77.27     new text begin (ii) a licensed master electrician, a licensed maintenance electrician, an electrical new text end 77.28 new text begin engineer, or, if the maintenance and repair work is limited to technology circuit and system new text end 77.29 new text begin work, a licensed power limited technician; and new text end 77.30     new text begin (3) the individual's employer has filed with the commissioner a certificate of new text end 77.31 new text begin responsible person, signed by the responsible master electrician of the contractor, the new text end 77.32 new text begin licensed master electrician, the licensed maintenance electrician, the electrical engineer, or new text end 77.33 new text begin the licensed power limited technician, and stating that the person signing the certificate is new text end 77.34 new text begin responsible for ensuring that the maintenance and repair work performed by the employer's new text end 77.35 new text begin employees complies with the Minnesota Electrical Act and the rules adopted under that act. new text end 78.1    (b) Employees of a licensed electrical or technology systems contractor or other 78.2employer where provided with supervision by a master electrician in accordance with 78.3subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 78.4(a), clause (1), are not required to hold a license under sections to new text begin new text end 78.5 new text begin 326B.31 to 326B.399 new text end for the planning, laying out, installing, altering, and repairing of 78.6technology circuits or systems except planning, laying out, or installing: 78.7    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that 78.8control circuits or systems other than class 2 or class 3, except circuits that interconnect 78.9these systems through communication, alarm, and security systems are exempted from 78.10this paragraph; 78.11    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 78.12physically unprotected circuits other than class 2 or class 3; or 78.13    (3) technology circuits and systems in hazardous classified locations as covered by 78.14chapter 5 of the National Electrical Code. 78.15    (c) Companies and their employees that plan, lay out, install, alter, or repair class 78.162 and class 3 remote control wiring associated with plug or cord and plug connected 78.17appliances other than security or fire alarm systems installed in a residential dwelling are 78.18not required to hold a license under sections to new text begin 326B.31 to 326B.399 new text end . 78.19    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their 78.20employees are not required to hold or obtain a license under sections to 78.21 new text begin 326B.31 to 326B.399 new text end when performing heating, ventilating, air conditioning, or 78.22refrigeration work as described in section 326.245. 78.23    (e) Employees of any electric new text begin electrical new text end , communications, or railway utility, cable 78.24communications company as defined in section 238.02, or a telephone company as defined 78.25under section 237.01 or its employees, or of any independent contractor performing work 78.26on behalf of any such utility, cable communications company, or telephone company, shall 78.27not be required to hold a license under sections to new text begin 326B.31 to 326B.399 new text end : 78.28    (1) while performing work on installations, materials, or equipment which are owned 78.29or leased, and operated and maintained by such utility, cable communications company, or 78.30telephone company in the exercise of its utility, antenna, or telephone function, and which 78.31    (i) are used exclusively for the generation, transformation, distribution, transmission, 78.32or metering of electric current, or the operation of railway signals, or the transmission 78.33of intelligence and do not have as a principal function the consumption or use of electric 78.34current or provided service by or for the benefit of any person other than such utility, cable 78.35communications company, or telephone company, and 79.1    (ii) are generally accessible only to employees of such utility, cable communications 79.2company, or telephone company or persons acting under its control or direction, and 79.3    (iii) are not on the load side of the service point or point of entrance for 79.4communication systems; 79.5    (2) while performing work on installations, materials, or equipment which are a part 79.6of the street lighting operations of such utility; or 79.7    (3) while installing or performing work on outdoor area lights which are directly 79.8connected to a utility's distribution system and located upon the utility's distribution poles, 79.9and which are generally accessible only to employees of such utility or persons acting 79.10under its control or direction. 79.11    (f) An owner shall not be required to hold or obtain a license under sections 79.12to new text begin 326B.31 to 326B.399 new text end . 79.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that new text end 79.14 new text begin the amendments to subdivision 8 are effective July 1, 2007, and the amendments to new text end 79.15 new text begin subdivision 11 are effective retroactively from January 1, 2007. new text end 79.16    Sec. 21. Minnesota Statutes 2006, section 326.243, is amended to read: 79.17326.243 SAFETY STANDARDS. 79.18    All electrical wiring, apparatus and equipment for electric new text begin electrical new text end light, heat 79.19and power, technology circuits or systems shall comply with the rules of the department 79.20of Commerce or the Department of Labor and Industry, as applicable, new text begin and the board new text end and 79.21be installed in conformity with accepted standards of construction for safety to life and 79.22property. For the purposes of this chapter, the rules and safety standards stated at the 79.23time the work is done in the then most recently published new text begin current new text end edition of the National 79.24Electrical Code as adopted by the National Fire Protection Association, Inc. and approved 79.25by the American National Standards Institute, and the National Electrical Safety Code 79.26as published by the Institute of Electrical and Electronics Engineers, Inc. and approved 79.27by the American National Standards Institute, shall be prima facie evidence of accepted 79.28standards of construction for safety to life and property; provided further, that in the event 79.29a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved 79.30methods of electrical construction for safety to life and property, compliance with said 79.31methods of electrical construction of said Minnesota Building Code shall also constitute 79.32compliance with this section, and provided further, that nothing herein contained shall 79.33prohibit any political subdivision from making and enforcing more stringent requirements 80.1than set forth herein and such requirements shall be complied with by all licensed 80.2electricians working within the jurisdiction of such political subdivisions. 80.3    Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read: 80.4    Subd. 1a. Technology systems. (a) The installation of the technology circuits or 80.5systems described in paragraph (b), except: 80.6    (1) minor work performed by a contractor; 80.7    (2) work performed by a heating, ventilating, or air conditioning contractor as 80.8described in section 326.245; and 80.9    (3) work performed by cable company employees when installing cable 80.10communications systems or telephone company employees when installing telephone 80.11systems, 80.12must be inspected as provided in this section for compliance with the applicable provisions 80.13of the National Electrical Code and the applicable provisions of the National Electrical 80.14Safety Code, as those codes were approved by the American National Standards Institute. 80.15    (b) The inspection requirements in paragraph (a) apply to: 80.16    (1) remote control circuits controlling class 2 or class 3 remote control circuits that 80.17control circuits or systems other than class 2 or class 3 and indoor lighting, except circuits 80.18that interconnect these systems exempted by section 326.242, subdivision 12, paragraph 80.19(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, 80.20or devices containing physically unprotected circuits other than class 2 or class 3; or 80.21technology circuits and systems in hazardous classified locations as covered by chapter 5 80.22of the National Electrical Code; 80.23    (2) fire alarm systems, other than in one- or two-family dwellings, as defined in 80.24articles 100 and 760 of the National Electrical Code; 80.25    (3) technology circuits and systems contained within critical care areas of health 80.26care facilities as defined by the safety standards identified in section 326.243, including, 80.27but not limited to, anesthesia and resuscitative alarm and alerting systems, medical 80.28monitoring, and nurse call systems; and 80.29    (4) physical security systems within detention facilities. new text begin ; and new text end 80.30     new text begin (5) circuitry and equipment for indoor lighting systems as defined in article 411 new text end 80.31 new text begin of the National Electrical Code. new text end 80.32    (c) For the purposes of this subdivision "minor work" means the adjustment or repair 80.33and replacement of worn or defective parts of a technology circuit or system. Minor work 80.34may be inspected under this section at the request of the owner of the property or the 80.35person doing the work. 81.1    (d) Notwithstanding this subdivision, if an electrical inspector observes that a 81.2contractor, employer, or owner has not complied with accepted standards when the 81.3work was performed, as provided in the most recent editions of the National Electrical 81.4Code and the National Electrical Safety Code as approved by the American National 81.5Standards Institute, the inspector may order the contractor, employer, or owner who has 81.6performed the work to file a request for electrical inspection, pay an inspection fee, and 81.7make any necessary repairs to comply with applicable standards and require that the 81.8work be inspected. 81.9    Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision 81.10to read: 81.11     new text begin Subd. 1b. new text end new text begin Licenses; bond. new text end new text begin All inspectors shall hold licenses as master or new text end 81.12 new text begin journeyman electricians under this chapter. All inspectors under contract with the new text end 81.13 new text begin department to provide electrical inspection services shall give bond in the amount of new text end 81.14 new text begin $1,000, conditioned upon the faithful performance of their duties. new text end 81.15    Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read: 81.16    Subd. 2. Procedure. (a) At or before commencement of any installation required 81.17to be inspected by the board new text begin commissioner new text end , the contractor, installer, special electrician, 81.18or owner making the installation shall submit to the board new text begin commissioner new text end a request 81.19for inspection, in a form prescribed by the board new text begin commissioner new text end , together with the fees 81.20required for the installation. 81.21    (b) The fees required are a handling fee and an inspection fee. The handling fee shall 81.22be set by the board new text begin commissioner new text end in an amount sufficient to pay the cost of printing and 81.23handling the form requesting an inspection. The inspection fee shall be set by the board new text begin new text end 81.24 new text begin commissioner new text end in an amount sufficient to pay the actual costs of the inspection and the 81.25board's new text begin commissioner's new text end costs in administering the inspection. All fees shall be set pursuant 81.26to the procedure of sections 14.001 to 14.69. 81.27    (c) If the inspector finds that the installation is not in compliance with accepted 81.28standards of construction for safety to life and property as required by section 326.243, the 81.29inspector shall by written order condemn the installation or noncomplying portion thereof, 81.30or order service to the installation disconnected, and shall send a copy of the order to 81.31the board new text begin commissioner new text end . If the installation or the noncomplying part will seriously and 81.32proximately endanger human life and property, the order of the inspector, when approved 81.33by the inspector's superior, shall require immediate condemnation or disconnection. In 81.34all other cases, the order of the inspector shall permit a reasonable opportunity for the 82.1installation to be brought into compliance with accepted standards of construction for 82.2safety to life and property prior to the effective time established for condemnation or 82.3disconnection. 82.4    (d) Copies of each condemnation or disconnection order shall be served personally 82.5or by mail upon the property owner, and the contractor, installer, or special electrician 82.6making the installation, and other persons as the board new text begin commissioner new text end by rule may direct. 82.7An aggrieved party may appeal any condemnation or disconnection order by filing with the 82.8board new text begin commissioner new text end a notice of appeal within ten days after (1) service upon the aggrieved 82.9party of the condemnation or disconnection order, if this service is required, or (2) filing 82.10of the order with the board new text begin commissioner new text end , whichever is later. The appeal shall proceed 82.11and the order of the inspector shall have the effect the order, by its terms, and the rules of 82.12the board new text begin commissioner new text end provides. The board new text begin commissioner new text end shall adopt rules providing 82.13procedures for the conduct of appeals, including provisions for the stay of enforcement of 82.14the order of the inspector pending such appeal when justified by the circumstances. 82.15    Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read: 82.16    Subd. 3. Duty of electrical utility. No electrical installation subject to inspection 82.17by the board new text begin commissioner new text end shall be newly connected or reconnected for use until there 82.18is filed with the electrical utility supplying power a certificate of the property owner or 82.19licensed electrician, directing the work that inspection has been requested and that the 82.20conditions of the installation are safe for energization, provided further, that in all cases 82.21where an order of condemnation or disconnection has been issued against the installation 82.22or any part thereof, prior to connection or reconnection there shall also first be filed with 82.23the electrical utility supplying the power a copy of an order of the inspector or the board new text begin new text end 82.24 new text begin commissioner new text end dismissing such prior order of condemnation or disconnection or approving 82.25the installation as being in compliance with accepted standards of construction for safety 82.26to life and property. With respect to transient projects, the aforesaid certificate shall also 82.27contain a certification that the request for inspection has been or will be filed with the 82.28board new text begin commissioner new text end so as to be received by it at least five days prior to the date and time 82.29energization of the installation by the utility is to occur, and that the request for inspection 82.30states such date and time, and it shall be the responsibility of the board new text begin commissioner new text end 82.31to have inspection of such transient project occur prior to the date and time at which 82.32the request states energization is to occur. 82.33    Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read: 83.1    Subd. 4. Powers of political subdivisions. Any political subdivision or the 83.2University of Minnesota may make provision for inspection of electrical installations 83.3within its jurisdiction, in which case it shall keep on file with the board new text begin commissioner new text end 83.4copies of its current inspection ordinances and codes. No political subdivision or the 83.5University of Minnesota shall require any individual, partnership, corporation or other 83.6business association holding a license from the board new text begin commissioner new text end under sections 83.7326.241 to new text begin 326B.31 to 326B.399 new text end to pay any license or registration fee, provided 83.8however, that any such political subdivision or the University of Minnesota may provide 83.9by ordinance a requirement that each individual, partnership, corporation or other business 83.10association doing electrical work within the jurisdiction of such political subdivision or 83.11the University of Minnesota have on file with said political subdivision a copy of the 83.12current license issued by the board new text begin commissioner new text end or such other evidence of such license as 83.13may be provided by the board new text begin commissioner new text end . 83.14    Each electrical inspector of any political subdivision or the University of Minnesota 83.15shall be a licensed master or journeyman electrician under section 326.242, subdivision 83.161 , paragraph (1), or 2, paragraph (b), and shall not otherwise engage or be employed in 83.17the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for 83.18light, heat, power, and other purposes and shall have no financial interest in any concern 83.19engaged in any such business. 83.20    Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read: 83.21    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall 83.22not be subject to inspection under sections to new text begin 326B.31 to 326B.399 new text end : 83.23    (1) when owned or leased, operated and maintained by any employer whose 83.24maintenance electricians are exempt from licensing under sections to new text begin new text end 83.25 new text begin 326B.31 to 326B.399 new text end , while performing electrical maintenance work only as defined 83.26by board rule; 83.27    (2) when owned or leased, and operated and maintained by any electric new text begin electrical new text end , 83.28communications, or railway utility, cable communications company as defined in section 83.29238.02 , or telephone company as defined under section 237.01, in the exercise of its 83.30utility, antenna, or telephone function; and 83.31    (i) are used exclusively for the generations, transformation, distribution, 83.32transmission, or metering of electric current, or the operation of railway signals, or the 83.33transmission of intelligence, and do not have as a principal function the consumption or 83.34use of electric current by or for the benefit of any person other than such utility, cable 83.35communications company, or telephone company; and 84.1    (ii) are generally accessible only to employees of such utility, cable communications 84.2company, or telephone company or persons acting under its control or direction; and 84.3    (iii) are not on the load side of the service point or point of entrance for 84.4communication systems; 84.5    (3) when used in the street lighting operations of an electric new text begin electrical new text end utility; 84.6    (4) when used as outdoor area lights which are owned and operated by an electric new text begin new text end 84.7 new text begin electrical new text end utility and which are connected directly to its distribution system and located 84.8upon the utility's distribution poles, and which are generally accessible only to employees 84.9of such utility or persons acting under its control or direction; 84.10    (5) when the installation, material, and equipment are in facilities subject to the 84.11jurisdiction of the federal Mine Safety and Health Act; or 84.12    (6) when the installation, material, and equipment is part of an elevator installation 84.13for which the elevator contractor, licensed under section 326.242, is required to obtain 84.14a permit from the authority having jurisdiction as provided by section 16B.747, and 84.15the inspection has been or will be performed by an elevator inspector certified by the 84.16Department of Administration and licensed by the Board of Electricity new text begin department new text end . 84.17This exemption shall apply only to installations, material, and equipment permitted 84.18or required to be connected on the load side of the disconnecting means required for 84.19elevator equipment under National Electric new text begin Electrical new text end Code Article 620, and elevator 84.20communications and alarm systems within the machine room, car, hoistway, or elevator 84.21lobby. 84.22    Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read: 84.23326.2441 INSPECTION FEE SCHEDULE. 84.24    Subdivision 1. Schedule. State electrical inspection fees shall be paid according 84.25to new text begin calculated in accordance with new text end subdivisions 2 to 13 new text begin 15 new text end . 84.26    Subd. 2. Fee for each separate inspection. The minimum fee for each separate 84.27inspection of an installation, replacement, alteration, or repair is $20. new text begin $35. Except as new text end 84.28 new text begin otherwise provided in this section, the maximum number of separate inspections allowed new text end 84.29 new text begin without payment of an additional fee is the whole number resulting from dividing by new text end 84.30 new text begin 35 the total fee calculated in accordance with this section. Where additional separate new text end 84.31 new text begin inspections are necessary, additional fees are required to result in a value equal to the total new text end 84.32 new text begin number of separate inspections multiplied by 35. The fee for any inspections needed after new text end 84.33 new text begin a "final inspection" is performed shall be calculated without consideration of any fee new text end 84.34 new text begin paid before the final inspection. new text end 85.1    Subd. 3. Fee for services, generators, other power supply sources new text begin , or feeders to new text end 85.2 new text begin separate structures new text end . The inspection fee for the installation, addition, alteration, or repair 85.3of each service, change of service, temporary service, generator, other power supply 85.4source, or feeder to a separate structure is: 85.5    (1) 0 ampere to and including 400 ampere capacity, $25 new text begin $35 new text end ; 85.6    (2) 401 ampere to and including 800 ampere capacity, $50 new text begin $60 new text end ; and 85.7    (3) ampere capacity above 800, $75 new text begin $100 new text end . 85.8    Where multiple disconnects are grouped at a single location and are supplied by a 85.9single set of supply conductors the cumulative rating of the overcurrent devices shall be 85.10used to determine the supply ampere capacity. 85.11    Subd. 4. Fee for circuits, feeders, feeder taps, or new text begin sets of transformer secondary new text end 85.12conductors. The inspection fee for the installation, addition, alteration, or repair of 85.13each circuit, feeder, feeder tap, or set of transformer secondary conductors, including 85.14the equipment served, is: 85.15    (1) 0 ampere to and including 200 ampere capacity, $5 new text begin $6 new text end ; and 85.16    (2) ampere capacity above 200, $10 new text begin $15 new text end . 85.17     new text begin Where existing feeders and circuits are reconnected to overcurrent devices installed new text end 85.18 new text begin as part of the replacement of an existing disconnect, switchboard, motor control center, or new text end 85.19 new text begin panelboard, the inspection fee for each circuit or feeder is $2. new text end 85.20    Subd. 5. Limitations to fees of subdivisions 3 and 4 new text begin Inspection fee for dwellings new text end . 85.21    (a) The new text begin inspection new text end fee for a one-family dwelling and each dwelling unit of a two-family 85.22dwelling with a supply of up to 500 amperes where a combination of ten or more sources 85.23of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. new text begin is new text end 85.24 new text begin the following: new text end 85.25     new text begin (1) the fee for each service or other source of power as provided in subdivision 3; new text end 85.26     new text begin (2) $100 for up to 30 feeders and circuits; and new text end 85.27     new text begin (3) for each additional feeder or circuit, the fee as provided in subdivision 4. new text end 85.28This fee applies to each separate installation for new dwellings and additions, alterations, 85.29or repairs to existing dwellings and includes not more than two inspections. new text begin where 15 new text end 85.30 new text begin or more feeders or circuits are installed or extended in connection with any addition, new text end 85.31 new text begin alteration, or repair to existing dwellings. Where existing feeders and circuits are new text end 85.32 new text begin reconnected to overcurrent devices installed as part of the replacement of an existing new text end 85.33 new text begin panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number new text end 85.34 new text begin of separate inspections shall be determined in accordance with subdivision 2. new text end The 85.35fee for additional inspections or other installations is that specified in subdivisions 2 85.36to new text begin , new text end 4 new text begin , 6, and 8 new text end . The installer may submit fees for additional inspections when filing the 86.1request for electrical inspection. new text begin The fee for each detached accessory structure directly new text end 86.2 new text begin associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and new text end 86.3 new text begin 4. When included on the same request for electrical inspection form, inspection fees for new text end 86.4 new text begin detached accessory structures directly associated with the dwelling unit may be combined new text end 86.5 new text begin with the dwelling unit fees to determine the maximum number of separate inspections in new text end 86.6 new text begin accordance with subdivision 2. new text end 86.7    (b) The new text begin inspection new text end fee for each dwelling unit of a multifamily dwelling with three 86.8to 12 new text begin or more new text end dwelling units is $50 and the fee for each additional dwelling unit is $25. 86.9 new text begin $70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder new text end 86.10 new text begin or circuit. This fee applies to each separate installation for each new dwelling unit and new text end 86.11 new text begin where ten or more feeders or circuits are installed or extended in connection with any new text end 86.12 new text begin addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits new text end 86.13 new text begin are reconnected to overcurrent devices installed as part of the replacement of an existing new text end 86.14 new text begin panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number new text end 86.15 new text begin of separate inspections for each dwelling unit shall be determined in accordance with new text end 86.16 new text begin subdivision 2. The fee for additional inspections or for inspection of other installations new text end 86.17 new text begin is that specified in subdivisions 2, 4, 6, and 8. new text end These fees include only inspection of the 86.18wiring within individual dwelling units and the final feeder to that unit. This limitation is 86.19subject to the following conditions: 86.20    (1) new text begin where new text end the multifamily dwelling is provided with common service equipment 86.21and each dwelling unit is supplied by a separate feeder new text begin or feeders extended from common new text end 86.22 new text begin service or distribution equipment new text end . The fee for multifamily dwelling services or other 86.23power source supplies and all other circuits is that specified in subdivisions 2 to 4; and new text begin . new text end 86.24    (2) this limitation applies only to new installations for multifamily dwellings where 86.25the majority of the individual dwelling units are available for inspection during each 86.26inspection trip. 86.27    (c) A separate request for electrical inspection form must be filed for each dwelling 86.28unit that is supplied with an individual set of service entrance conductors. These fees are 86.29the one-family dwelling rate specified in paragraph (a). 86.30    Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical 86.31supply for each manufactured home park lot is $25 new text begin $35 new text end . This fee includes the service or 86.32feeder conductors up to and including the service equipment or disconnecting means. 86.33The fee for feeders and circuits that extend from the service or disconnecting means is 86.34that specified in subdivision 4. 87.1    (b) The fee for each recreational vehicle site electrical supply equipment is $5 new text begin $6 new text end 87.2 new text begin for each circuit originating within the equipment new text end . The fee for recreational vehicle park 87.3services, feeders, and circuits is that specified in subdivisions 3 and 4. 87.4    (c) The fee for each street, parking lot, or outdoor area lighting standard is $1, and the 87.5fee for each traffic signal standard is $5. Circuits originating within the standard or traffic 87.6signal controller shall not be used when computing new text begin calculating new text end the fee new text begin for each standard new text end . 87.7    (d) The fee for transformers for light, heat, and power is $10 new text begin $15 new text end for transformers 87.8rated up to ten kilovolt-amperes and $20 new text begin $30 new text end for transformers rated in excess of ten 87.9kilovolt-amperes. new text begin The previous sentence does not apply to Class 1 transformers or power new text end 87.10 new text begin supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power new text end 87.11 new text begin supplies. new text end 87.12    (e) The fee for transformers and electronic power supplies for electric signs and 87.13outline lighting is $5 per unit. 87.14    (f) The fee for alarm, communication, remote control, and signaling new text begin technology new text end 87.15circuits or systems, and circuits of less than 50 volts, is 50 new text begin 75 new text end cents for each system device 87.16or apparatus. 87.17    (g) The fee for each separate inspection of the bonding for a swimming pool, spa, 87.18fountain, an equipotential plane for an agricultural confinement area, or similar installation 87.19shall be $20 new text begin is $35 new text end . Bonding conductors and connections require an inspection before 87.20being concealed. 87.21    (h) The fee for all wiring installed on center pivot irrigation booms is $40 new text begin $35 plus new text end 87.22 new text begin $5 for each electrical drive unit new text end . 87.23    (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per 87.24lighting fixture new text begin luminaire new text end . 87.25     new text begin (j) When a separate inspection of a concrete-encased grounding electrode is new text end 87.26 new text begin performed, the fee is $35. new text end 87.27     new text begin (k) The fees required by subdivisions 3 and 4 are doubled for installations over new text end 87.28 new text begin 600 volts. new text end 87.29    Subd. 7. Investigation fees: work without a request for electrical inspection. 87.30    (a) Whenever any work for which a request for electrical inspection is required by the 87.31board has begun without the request for electrical inspection form being filed with the 87.32board new text begin commissioner new text end , a special investigation shall be made before a request for electrical 87.33inspection form is accepted by the board. 87.34    (b) An investigation fee, in addition to the full fee required by subdivisions 1 87.35to 6, shall be paid before an inspection is made. The investigation fee is two times the 87.36hourly rate new text begin minimum fee new text end specified in subdivision 10 new text begin 2 new text end or the inspection fee required 88.1by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the 88.2investigation fee does not exempt any person from compliance with all other provisions of 88.3the board new text begin department new text end rules or statutes nor from any penalty prescribed by law. 88.4    Subd. 8. Reinspection fee. new text begin Notwithstanding the provisions of subdivisions 2 and 5, new text end 88.5when reinspection is necessary to determine whether unsafe conditions new text begin identified during a new text end 88.6 new text begin final inspection new text end have been corrected and the conditions are not the subject of an appeal 88.7pending before the board new text begin commissioner new text end or any court, a reinspection fee of $20 may new text begin $35 new text end 88.8 new text begin shall new text end be assessed in writing by the inspector. 88.9    Subd. 9. Supplemental fee. When inspections scheduled by the installer are 88.10preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due 88.11to circumstances beyond the control of the inspector, a supplemental inspection fee of 88.12$20 may new text begin $35 shall new text end be assessed in writing by the inspector. 88.13    Subd. 10. Special inspection. For inspections not covered in this section, or for 88.14requested special inspections or services, the fee shall be $30 new text begin is $80 new text end per hour, including 88.15travel time, plus 31 cents new text begin the standard mileage rate new text end per mile traveled, plus the reasonable 88.16cost of equipment or material consumed. This provision is applicable to inspection 88.17of empty conduits and other jobs as may be determined by the board new text begin commissioner new text end . 88.18This fee may also be assessed when installations are not accessible by roadway and 88.19require alternate forms of transportation. new text begin or are located in the Northwest Angle, or when new text end 88.20 new text begin inspections are performed outside of Minnesota. For purposes of this subdivision, new text end 88.21 new text begin the standard mileage rate is the standard mileage rate effective at the time of travel, new text end 88.22 new text begin as established by the Internal Revenue Service for computing the deductible costs of new text end 88.23 new text begin operating an automobile for business expense purposes. new text end 88.24    Subd. 11. Inspection of transitory projects. (a) For inspection of transitory 88.25projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production 88.26sites, and portable road construction plants, the inspection procedures and fees are as 88.27specified in paragraphs (b) to (i). 88.28    (b) The fee for inspection of each generator or other source of supply is that specified 88.29in subdivision 3. A like fee is required at each engagement or setup. 88.30    (c) In addition to the fee for generators or other sources of supply, there must be an 88.31inspection of all installed feeders, circuits, and equipment at each engagement or setup at 88.32the hourly rate specified in subdivision 10, with a two-hour new text begin one-hour new text end minimum. 88.33    (d) An owner, operator, or appointed representative of a transitory enterprise 88.34including, but not limited to, festivals, fairs, carnivals, circuses, production companies, 88.35shows, portable road construction plants, and similar enterprises shall notify the board new text begin new text end 88.36 new text begin commissioner new text end of its itinerary or schedule and make application for initial inspection a 89.1minimum of 14 days before its first engagement or setup. An owner, operator, or appointed 89.2representative of a transitory enterprise who fails to notify the board new text begin commissioner new text end 14 89.3days before its first engagement or setup may be subject to the investigation fees specified 89.4in subdivision 7. The owner, operator, or appointed representative shall request inspection 89.5and pay the inspection fee for each subsequent engagement or setup at the time of the initial 89.6inspection. For subsequent engagements or setups not listed on the itinerary or schedule 89.7submitted to the board new text begin commissioner new text end and where the board new text begin commissioner new text end is not notified at 89.8least 48 hours in advance, a charge of $100 may be made in addition to all required fees. 89.9    (e) Amusement rides, devices, concessions, attractions, or other units must be 89.10inspected at their first appearance of the year. The inspection fee is $20 new text begin $35 new text end per unit with a 89.11supply of up to 60 amperes and $30 new text begin $40 new text end per unit with a supply above 60 amperes. 89.12    (f) An additional fee at the hourly rate specified in subdivision 10 must be charged 89.13for additional time spent by each inspector if equipment is not ready or available for 89.14inspection at the time and date specified on the application for initial inspection or the 89.15request for electrical inspection form. 89.16    (g) In addition to the fees specified in paragraphs (a) and (b), a fee of two hours new text begin one new text end 89.17 new text begin hour new text end at the hourly rate specified in subdivision 10 must be charged for inspections required 89.18to be performed on Saturdays, Sundays, holidays, or after regular business hours. 89.19    (h) The fee for reinspection of corrections or supplemental inspections where an 89.20additional trip is necessary may be assessed as specified in subdivision 8. 89.21    (i) The board may new text begin commissioner shall new text end retain the inspection fee when an owner, 89.22operator, or appointed representative of a transitory enterprise fails to notify the board new text begin new text end 89.23 new text begin commissioner new text end at least 48 hours in advance of a scheduled inspection that is canceled. 89.24     new text begin Subd. 11a. new text end new text begin Negotiated fee. new text end new text begin When the fee calculated in accordance with subdivisions new text end 89.25 new text begin 2 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the new text end 89.26 new text begin commissioner may negotiate a fee that more reasonably offsets the cost of inspection. new text end 89.27    Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling 89.28of the new text begin paper new text end form requesting an new text begin electrical new text end inspection is new text begin up to new text end $1. 89.29    Subd. 13. National Electrical Code used for interpretation of provisions. For 89.30purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most 89.31recently adopted edition of the National Electrical Code shall be prima facie evidence of 89.32the definitions, interpretations, and scope of words and terms used. 89.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 90.1    Sec. 29. Minnesota Statutes 2006, section 326.245, is amended to read: 90.2326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION. 90.3    Subdivision 1. Manufacturers. Electrical components, apparatus, or appliances 90.4being manufactured within the limits of property which is owned or leased by a 90.5manufacturer and such manufacturer's production employees are not covered by sections 90.6326.241 to new text begin 326B.31 to 326B.399 new text end . 90.7    Subd. 2. Electrical appliance units. Installation, alteration, or repair of electrical 90.8appliance units are not covered by sections to new text begin 326B.31 to 326B.399 new text end . For 90.9the purposes of this section, "electrical appliance units" means all electrical and fossil 90.10fuel appliances that use electricity including, but not limited to, furnaces, water heaters, 90.11stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an 90.12electrical appliance unit is covered by sections to new text begin 326B.31 to 326B.399 new text end . 90.13    Subd. 3. Other units. Planning, laying out, and installation of heating, ventilating, 90.14air conditioning, or refrigeration units are not covered by sections to new text begin new text end 90.15 new text begin 326B.31 to 326B.399 new text end . For purposes of this section, heating, ventilating, air conditioning, 90.16or refrigeration units include, but are not limited to, air conditioning units, air conditioning 90.17evaporators, air conditioning condensers, air conditioning and refrigeration chillers, 90.18boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and 90.19supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring 90.20to the unit is covered by sections to new text begin 326B.31 to 326B.399 new text end . 90.21    Subd. 4. Other equipment. Planning, laying out, alteration, replacement, or 90.22repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated 90.23devices, controls, and wiring including wiring in or on the equipment, are not covered 90.24by sections to new text begin 326B.31 to 326B.399 new text end when the work is performed by an 90.25employee of a heating, ventilating, air conditioning, or refrigeration contractor provided 90.26that the employee performing the work has received a certificate of completion from a 90.27heating, ventilating, air conditioning, or refrigeration apprenticeship program approved 90.28by the state of Minnesota or any class of personal electrical license issued by the board new text begin new text end 90.29 new text begin commissioner new text end . Employees registered in an approved heating, ventilating, air conditioning, 90.30or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air 90.31conditioning, or refrigeration equipment, devices, and controls including wiring in or on 90.32the equipment, under the direction of an employee who has a certificate of completion 90.33from an approved program or any class of personal electrical license issued by the board new text begin new text end 90.34 new text begin commissioner new text end . The installation of electrical wiring to the unit is covered by sections 90.35326.241 to new text begin 326B.31 to 326B.399 new text end . 91.1    Sec. 30. Minnesota Statutes 2006, section 326.248, is amended to read: 91.2326.248 CITATION. 91.3    Sections to new text begin 326B.31 to 326B.399 new text end shall be known as the Minnesota 91.4Electrical Act. 91.5    Sec. 31. new text begin [326B.31] DEFINITIONS. new text end 91.6     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For purposes of sections 326B.31 to 326B.399, the terms new text end 91.7 new text begin defined in this section have the meanings given them. new text end 91.8     new text begin Subd. 2. new text end new text begin Class A electrical contractor. new text end new text begin "Class A electrical contractor" means a new text end 91.9 new text begin licensed contractor whose responsible licensed individual is a licensed Class A master new text end 91.10 new text begin electrician. new text end 91.11     new text begin Subd. 7. new text end new text begin Class B electrical contractor. new text end new text begin "Class B electrical contractor" means a new text end 91.12 new text begin licensed contractor whose responsible licensed individual is a licensed Class B master new text end 91.13 new text begin electrician. new text end 91.14     new text begin Subd. 23. new text end new text begin Personal license. new text end new text begin "Personal license" means any license issued by the new text end 91.15 new text begin commissioner under section 326B.33 or the rules adopted under section 326B.33, except a new text end 91.16 new text begin contractor's license. new text end 91.17     new text begin Subd. 27. new text end new text begin Responsible licensed individual. new text end new text begin A contractor's "responsible licensed new text end 91.18 new text begin individual" means the licensed Class A master electrician, Class B master electrician, new text end 91.19 new text begin master elevator constructor, or power limited technician designated in writing by the new text end 91.20 new text begin contractor in the contractor's license application, or in another manner acceptable to the new text end 91.21 new text begin commissioner, as the individual responsible for the contractor's compliance with sections new text end 91.22 new text begin 326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The new text end 91.23 new text begin terms "licensed responsible individual" and "licensed responsible master electrician or new text end 91.24 new text begin power limited technician" are synonymous. new text end 91.25     new text begin Subd. 32. new text end new text begin Technology system contractor. new text end new text begin "Technology system contractor" means new text end 91.26 new text begin a licensed contractor whose responsible licensed individual is a licensed power limited new text end 91.27 new text begin technician. new text end 91.28    Sec. 32. new text begin REVISOR'S INSTRUCTION. new text end 91.29     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 91.30 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 91.31 new text begin cross-reference changes consistent with the renumbering. new text end 91.32 new text begin Column A new text end new text begin Column B new text end 91.33 new text begin 326.01, subd. 2 new text end new text begin 326B.31, subd. 6 new text end 91.34 new text begin 326.01, subd. 3 new text end new text begin 326B.31, subd. 5 new text end 92.1 new text begin 326.01, subd. 4 new text end new text begin 326B.31, subd. 28 new text end 92.2 new text begin 326.01, subd. 5 new text end new text begin 326B.31, subd. 12 new text end 92.3 new text begin 326.01, subd. 6 new text end new text begin 326B.31, subd. 10 new text end 92.4 new text begin 326.01, subd. 6a new text end new text begin 326B.31, subd. 9 new text end 92.5 new text begin 326.01, subd. 6b new text end new text begin 326B.31, subd. 4 new text end 92.6 new text begin 326.01, subd. 6c new text end new text begin 326B.31, subd. 8 new text end 92.7 new text begin 326.01, subd. 6e new text end new text begin 326B.31, subd. 22 new text end 92.8 new text begin 326.01, subd. 6f new text end new text begin 326B.31, subd. 15 new text end 92.9 new text begin 326.01, subd. 6g new text end new text begin 326B.31, subd. 14 new text end 92.10 new text begin 326.01, subd. 6i new text end new text begin 326B.31, subd. 13 new text end 92.11 new text begin 326.01, subd. 6j new text end new text begin 326B.31, subd. 26 new text end 92.12 new text begin 326.01, subd. 6k new text end new text begin 326B.31, subd. 24 new text end 92.13 new text begin 326.01, subd. 6l new text end new text begin 326B.31, subd. 31 new text end 92.14 new text begin 326.01, subd. 6m new text end new text begin 326B.31, subd. 25 new text end 92.15 new text begin 326.2415 new text end new text begin 326B.32 new text end 92.16 new text begin 326.242 new text end new text begin 326B.33 new text end 92.17 new text begin 326.2421 new text end new text begin 326B.34 new text end 92.18 new text begin 326.243 new text end new text begin 326B.35 new text end 92.19 new text begin 326.244 new text end new text begin 326B.36 new text end 92.20 new text begin 326.2441 new text end new text begin 326B.37 new text end 92.21 new text begin 326.245 new text end new text begin 326B.38 new text end 92.22 new text begin 326.247 new text end new text begin 326B.39 new text end 92.23 new text begin 326.248 new text end new text begin 326B.399 new text end 92.24    Sec. 33. new text begin REPEALER. new text end 92.25 new text begin Minnesota Statutes 2006, sections 326.01, subdivision 4; 326.241; and 326.247, new text end new text begin are new text end 92.26 new text begin repealed. new text end 92.27ARTICLE 6 92.28PLUMBING 92.29    Section 1. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read: 92.30    Subd. 6. Scope; limitations. (a) This section applies to a sales representative who, 92.31during some part of the period of the sales representative agreement: 92.32    (1) is a resident of Minnesota or maintains that person's principal place of business 92.33in Minnesota; or 92.34    (2) whose geographical territory specified in the sales representative agreement 92.35includes part or all of Minnesota. 93.1    (b) To be effective, any demand for arbitration under subdivision 5 must be made 93.2in writing and delivered to the principal on or before one year after the effective date of 93.3the termination of the agreement. 93.4     new text begin (c) A provision in any contract between a sales representative dealing in plumbing new text end 93.5 new text begin equipment or supplies and a principal purporting to waive any provision of this act, new text end 93.6 new text begin whether by express waiver or by a provision stipulating that the contract is subject to the new text end 93.7 new text begin laws of another state, shall be void. new text end 93.8    Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read: 93.9    Subd. 7. Journeyman plumber. A "journeyman plumber" is any person new text begin an new text end 93.10 new text begin individual new text end , other than a master plumber, who, as a principal occupation, is engaged as an 93.11employee of, or new text begin is new text end otherwise working under the direction of, a master plumber in the 93.12practical installation of plumbing. 93.13    Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read: 93.14    Subd. 8. Master plumber. A "master plumber" is any person new text begin an individual who is new text end 93.15skilled in the planning, superintending, and the practical installation of plumbing and new text begin , who new text end 93.16 new text begin is new text end otherwise lawfully qualified to contract for plumbing and installations and to conduct 93.17the business of plumbing and who is familiar with the laws and rules governing the same. 93.18    Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read: 93.19326.37 RULES; new text begin AGREEMENTS WITH MUNICIPALITIES; new text end CAPACITY 93.20STANDARDS; LICENSE EXEMPTION. 93.21    Subdivision 1. Rules. The state commissioner of health new text begin Plumbing Board new text end may, by 93.22rule, prescribe minimum standards which shall be uniform, and which standards shall 93.23thereafter be effective for all new plumbing installations, including additions, extensions, 93.24alterations, and replacements connected with any water or sewage disposal system owned 93.25or operated by or for any municipality, institution, factory, office building, hotel, apartment 93.26building, or any other place of business regardless of location or the population of the city 93.27or town in which new text begin the installation is to be new text end located. Notwithstanding the provisions of 93.28Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications, 93.29the commissioner may allow plumbing construction, alteration, or extension to proceed 93.30without approval of the plans or specifications by the commissioner. 93.31    The commissioner shall administer the provisions of sections new text begin 326.361 new text end to 93.32326.45 new text begin 326.44 new text end and for such purposes may employ plumbing inspectors and other assistants. 94.1     new text begin Subd. 1a. new text end new text begin Agreements with municipalities. new text end new text begin The commissioner may enter into an new text end 94.2 new text begin agreement with a municipality, in which the municipality agrees to perform plan and new text end 94.3 new text begin specification reviews required to be performed by the commissioner under Minnesota new text end 94.4 new text begin Rules, part 4715.3130, if: new text end 94.5     new text begin (a) the municipality has adopted: new text end 94.6     new text begin (1) the plumbing code; new text end 94.7     new text begin (2) an ordinance that requires plumbing plans and specifications to be submitted to, new text end 94.8 new text begin reviewed, and approved by the municipality, except as provided in paragraph (h); new text end 94.9     new text begin (3) an ordinance that authorizes the municipality to perform inspections required by new text end 94.10 new text begin the plumbing code; and new text end 94.11     new text begin (4) an ordinance that authorizes the municipality to enforce the plumbing code in its new text end 94.12 new text begin entirety, except as provided in paragraph (p); new text end 94.13     new text begin (b) the municipality agrees to review plumbing plans and specifications for all new text end 94.14 new text begin construction for which the plumbing code requires the review of plumbing plans and new text end 94.15 new text begin specifications, except as provided in paragraph (n); new text end 94.16     new text begin (c) the municipality agrees that, when it reviews plumbing plans and specifications new text end 94.17 new text begin under paragraph (b), the review will: new text end 94.18     new text begin (1) reflect the degree to which the plans and specifications affect the public health new text end 94.19 new text begin and conform to the provisions of the plumbing code; new text end 94.20     new text begin (2) ensure that there is no physical connection between water supply systems that new text end 94.21 new text begin are safe for domestic use and those that are unsafe for domestic use; and new text end 94.22     new text begin (3) ensure that there is no apparatus through which unsafe water may be discharged new text end 94.23 new text begin or drawn into a safe water supply system; new text end 94.24     new text begin (d) the municipality agrees to perform all inspections required by the plumbing new text end 94.25 new text begin code in connection with projects for which the municipality reviews plumbing plans and new text end 94.26 new text begin specifications under paragraph (b); new text end 94.27     new text begin (e) the commissioner determines that the individuals who will conduct the new text end 94.28 new text begin inspections and the plumbing plan and specification reviews for the municipality do not new text end 94.29 new text begin have any conflict of interest in conducting the inspections and the plan and specification new text end 94.30 new text begin reviews; new text end 94.31     new text begin (f) individuals who will conduct the plumbing plan and specification reviews for new text end 94.32 new text begin the municipality are: new text end 94.33     new text begin (1) licensed master plumbers; new text end 94.34     new text begin (2) licensed professional engineers; or new text end 95.1     new text begin (3) individuals who are working under the supervision of a licensed professional new text end 95.2 new text begin engineer or licensed master plumber and who are licensed master or journeyman plumbers new text end 95.3 new text begin or hold a postsecondary degree in engineering; new text end 95.4     new text begin (g) individuals who will conduct the plumbing plan and specification reviews for new text end 95.5 new text begin the municipality have passed a competency assessment required by the commissioner to new text end 95.6 new text begin assess the individual's competency at reviewing plumbing plans and specifications; new text end 95.7     new text begin (h) individuals who will conduct the plumbing inspections for the municipality new text end 95.8 new text begin are licensed master or journeyman plumbers, or inspectors meeting the competency new text end 95.9 new text begin requirements established in rules adopted under section 16B.655; new text end 95.10     new text begin (i) the municipality agrees to enforce in its entirety the plumbing code on all new text end 95.11 new text begin projects, except as provided in paragraph (p); new text end 95.12     new text begin (j) the municipality agrees to keep official records of all documents received, new text end 95.13 new text begin including plans, specifications, surveys, and plot plans, and of all plan reviews, permits new text end 95.14 new text begin and certificates issued, reports of inspections, and notices issued in connection with new text end 95.15 new text begin plumbing inspections and the review of plumbing plans and specifications; new text end 95.16     new text begin (k) the municipality agrees to maintain the records described in paragraph (j) in the new text end 95.17 new text begin official records of the municipality for the period required for the retention of public new text end 95.18 new text begin records under section 138.17, and shall make these records readily available for review at new text end 95.19 new text begin the request of the commissioner; new text end 95.20     new text begin (l) the municipality and the commissioner agree that if at any time during the new text end 95.21 new text begin agreement the municipality does not have in effect the plumbing code or any of ordinances new text end 95.22 new text begin described in item (a), or if the commissioner determines that the municipality is not new text end 95.23 new text begin properly administering and enforcing the plumbing code or is otherwise not complying new text end 95.24 new text begin with the agreement: new text end 95.25     new text begin (1) the commissioner may, effective 14 days after the municipality's receipt of new text end 95.26 new text begin written notice, terminate the agreement; new text end 95.27     new text begin (2) the municipality may challenge the termination in a contested case before the new text end 95.28 new text begin commissioner pursuant to the Administrative Procedure Act; and new text end 95.29     new text begin (3) while any challenge is pending under item (2), the commissioner shall perform new text end 95.30 new text begin plan and specification reviews within the municipality under Minnesota Rules, part new text end 95.31 new text begin 4715.3130; new text end 95.32     new text begin (m) the municipality and the commissioner agree that the municipality may terminate new text end 95.33 new text begin the agreement with or without cause on 90 days' written notice to the commissioner; new text end 95.34     new text begin (n) the municipality and the commissioner agree that the municipality shall forward new text end 95.35 new text begin to the state for review all plumbing plans and specifications for the following types of new text end 95.36 new text begin projects within the municipality: new text end 96.1     new text begin (1) hospitals, nursing homes, supervised living facilities, and similar new text end 96.2 new text begin health-care-related facilities regulated by the Minnesota Department of Health; new text end 96.3     new text begin (2) buildings owned by the federal or state government; and new text end 96.4     new text begin (3) projects of a special nature for which department review is requested by either new text end 96.5 new text begin the municipality or the state; new text end 96.6     new text begin (o) where the municipality forwards to the state for review plumbing plans and new text end 96.7 new text begin specifications, as provided in paragraph (n), the municipality shall not collect any fee for new text end 96.8 new text begin plan review, and the commissioner shall collect all applicable fees for plan review; and new text end 96.9     new text begin (p) no municipality shall revoke, suspend, or place restrictions on any plumbing new text end 96.10 new text begin license issued by the state. new text end 96.11     new text begin Subd. 1b. new text end new text begin Existing agreements with municipalities. new text end new text begin Any agreement between the new text end 96.12 new text begin commissioner and a municipality in which the municipality has agreed to perform plan new text end 96.13 new text begin and specification reviews required to be performed by the commissioner under Minnesota new text end 96.14 new text begin Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall new text end 96.15 new text begin remain in effect and shall not be required to be in compliance with subdivision 1a. If any new text end 96.16 new text begin agreement to perform plan and specification reviews required to be performed by the new text end 96.17 new text begin commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of new text end 96.18 new text begin subdivision 1a is later terminated by operation of the terms of the agreement or by either new text end 96.19 new text begin the commissioner or the municipality, or expires, then any new agreement between the new text end 96.20 new text begin commissioner and the municipality to perform plan and specification reviews required to new text end 96.21 new text begin be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply new text end 96.22 new text begin with subdivision 1a. new text end 96.23    Subd. 2. Standards for capacity. By January 1, 1993, All new floor-mounted water 96.24closets in areas under jurisdiction of the State plumbing code may not have a flush volume 96.25of more than 1.6 gallons. The water closets must meet the standards of the commissioner 96.26and new text begin in the plumbing code and the standards of new text end the American National Standards Institute. 96.27    Subd. 3. Exemption. No license new text begin or registration new text end authorized by this section new text begin sections new text end 96.28 new text begin 326.361 to 326.44 new text end shall be required of any contractor or employee new text begin individual new text end engaged 96.29in new text begin or employed by a person engaged in new text end the work or business of pipe laying outside of 96.30buildings if such person new text begin individual or employer new text end is engaged in a business or trade which 96.31has traditionally performed such work within the state prior to January 1, 1994. 96.32     new text begin Subd. 4. new text end new text begin Air admittance valves and water-free urinals prohibited. new text end new text begin (a) new text end 96.33 new text begin Mechanical devices and fittings with internal moving parts are prohibited from installation new text end 96.34 new text begin in plumbing venting systems. new text end 96.35     new text begin (b) All urinals covered under the jurisdiction of the state plumbing code must have a new text end 96.36 new text begin water flush device with a volume of not more than one gallon per use. new text end 97.1    Sec. 5. new text begin [326.3705] PLUMBING BOARD. new text end 97.2     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The plumbing board shall consist of 13 members. new text end 97.3 new text begin Eleven members shall be appointed by the governor with the advice and consent of the new text end 97.4 new text begin senate and shall be voting members. Appointments of members by the governor shall be new text end 97.5 new text begin made in accordance with section 15.066. If the senate votes to refuse to consent to an new text end 97.6 new text begin appointment of a member made by the governor, the governor shall appoint a new member new text end 97.7 new text begin with the advice and consent of the senate. One member shall be the commissioner of new text end 97.8 new text begin labor and industry or the commissioner of labor and industry's designee, who shall be a new text end 97.9 new text begin voting member. One member shall be the commissioner of health or the commissioner of new text end 97.10 new text begin health's designee, who shall not be a voting member. Of the 11 appointed members, the new text end 97.11 new text begin composition shall be as follows: new text end 97.12     new text begin (1) two members shall be municipal plumbing inspectors, one from the metropolitan new text end 97.13 new text begin area and one from greater Minnesota; new text end 97.14     new text begin (2) one member shall be a licensed professional engineer specializing in plumbing new text end 97.15 new text begin designs or systems; new text end 97.16     new text begin (3) two members shall be commercial/industrial plumbing contractors, one from the new text end 97.17 new text begin metropolitan area and one from greater Minnesota; new text end 97.18     new text begin (4) one member shall be a residential plumbing contractor; new text end 97.19     new text begin (5) two members shall be commercial/industrial journeymen, one from the new text end 97.20 new text begin metropolitan area and one from greater Minnesota; new text end 97.21     new text begin (6) one member shall be a residential plumbing journeyman; new text end 97.22     new text begin (7) one member shall be a water conditioning contractor; and new text end 97.23     new text begin (8) one member shall be a municipal public water supply system operator or new text end 97.24 new text begin superintendent. new text end 97.25 new text begin One of the municipal plumbing inspectors shall be appointed for an initial term to end on new text end 97.26 new text begin December 31, 2010. The other municipal plumbing inspector shall be appointed for an new text end 97.27 new text begin initial term to end on December 31, 2011. The professional engineer shall be appointed for new text end 97.28 new text begin an initial term to end on December 31, 2011. One of the commercial/industrial plumbing new text end 97.29 new text begin contractors shall be appointed for an initial term to end on December 31, 2010. The other new text end 97.30 new text begin commercial/industrial plumbing contractor shall be appointed for an initial term to end new text end 97.31 new text begin on December 31, 2011. The residential plumbing contractor shall be appointed for an new text end 97.32 new text begin initial term to end on December 31, 2010. One of the commercial/industrial plumbing new text end 97.33 new text begin journeymen shall be appointed for an initial term to end on December 31, 2011. The other new text end 97.34 new text begin commercial/industrial plumbing journeyman shall be appointed for an initial term to end new text end 97.35 new text begin on December 31, 2010. The residential plumbing journeyman shall be appointed for an new text end 97.36 new text begin initial term to end on December 31, 2011. The water conditioning contractor shall be new text end 98.1 new text begin appointed for an initial term to end on December 31, 2011. The municipal public water new text end 98.2 new text begin supply system operator or superintendent shall be appointed for an initial term to end new text end 98.3 new text begin on December 31, 2010. new text end 98.4     new text begin (b) The licensed professional engineer must possess a current Minnesota professional new text end 98.5 new text begin engineering license and maintain the license for the duration of their term. All other new text end 98.6 new text begin appointed members, except for the water conditioning contractor and the municipal public new text end 98.7 new text begin water supply system operator or superintendent, must possess a current plumbing license new text end 98.8 new text begin issued by the Department of Labor and Industry and maintain that license for the duration new text end 98.9 new text begin of their term. The water conditioning contractor must be licensed as a water conditioning new text end 98.10 new text begin contractor by the Department of Labor and Industry and maintain the license for the new text end 98.11 new text begin duration of the term on the board. All appointed members must be residents of Minnesota new text end 98.12 new text begin at the time of and throughout the member's appointment. The term of any appointed new text end 98.13 new text begin member that does not maintain membership qualification status shall end on the date of new text end 98.14 new text begin the status change and the governor shall appoint a new member. It is the responsibility of new text end 98.15 new text begin the member to notify the board of the member's status change. new text end 98.16     new text begin (c) For appointed members, except the initial terms designated in paragraph (a), each new text end 98.17 new text begin term shall be three years with the terms ending on December 31. Members appointed by new text end 98.18 new text begin the governor shall be limited to three consecutive terms. The governor shall, all or in part, new text end 98.19 new text begin reappoint the current members or appoint replacement members with the advice and new text end 98.20 new text begin consent of the senate. Midterm vacancies shall be filled for the remaining portion of the new text end 98.21 new text begin term. Vacancies occurring with less than six months time remaining in the term shall be new text end 98.22 new text begin filled for the existing term and the following three-year term. Members may serve until new text end 98.23 new text begin their successors are appointed but in no case later than July 1 in a year in which the term new text end 98.24 new text begin expires unless reappointed. new text end 98.25     new text begin Subd. 2. new text end new text begin Powers; duties; administrative support. new text end new text begin (a) The board shall have the new text end 98.26 new text begin power to: new text end 98.27     new text begin (1) elect its chair, vice-chair, and secretary; new text end 98.28     new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, new text end 98.29 new text begin and containing such other provisions as may be useful and necessary for the efficient new text end 98.30 new text begin conduct of the business of the board; new text end 98.31     new text begin (3) adopt the plumbing code that must be followed in this state and any plumbing new text end 98.32 new text begin code amendments thereto. The board shall adopt the plumbing code and any amendments new text end 98.33 new text begin thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d); new text end 98.34     new text begin (4) review requests for final interpretations and issue final interpretations as provided new text end 98.35 new text begin in section 16B.63, subdivision 5; new text end 99.1     new text begin (5) except for rules regulating continuing education, adopt rules that regulate the new text end 99.2 new text begin licensure or registration of plumbing contractors, journeymen, apprentices, master new text end 99.3 new text begin plumbers, restricted master plumbers, and restricted journeymen and other persons new text end 99.4 new text begin engaged in the design, installation, and alteration of plumbing systems, except for those new text end 99.5 new text begin individuals licensed under sections 326.02, subdivisions 2 and 3. The board shall adopt new text end 99.6 new text begin these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f); new text end 99.7     new text begin (6) advise the commissioner regarding educational requirements for plumbing new text end 99.8 new text begin inspectors; new text end 99.9     new text begin (7) refer complaints or other communications to the commissioner, whether oral or new text end 99.10 new text begin written, as provided in subdivision 7, that alleges or implies a violation of a statute, rule, new text end 99.11 new text begin or order that the commissioner has the authority to enforce pertaining to code compliance, new text end 99.12 new text begin licensure, or an offering to perform or performance of unlicensed plumbing services; new text end 99.13     new text begin (8) approve per diem and expenses deemed necessary for its members as provided in new text end 99.14 new text begin subdivision 3; new text end 99.15     new text begin (9) approve license reciprocity agreements; new text end 99.16     new text begin (10) select from its members individuals to serve on any other state advisory council, new text end 99.17 new text begin board, or committee; and new text end 99.18     new text begin (11) recommend the fees for licenses and certifications. new text end 99.19 new text begin Except for the powers granted to the Plumbing Board, the Board of Electricity, and the new text end 99.20 new text begin Board of High Pressure Piping Systems, the commissioner of labor and industry shall new text end 99.21 new text begin administer and enforce the provisions of this chapter and any rules promulgated pursuant new text end 99.22 new text begin thereto. new text end 99.23     new text begin (b) The board shall comply with section 15.0597, subdivisions 2 and 4. new text end 99.24     new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations new text end 99.25 new text begin with the recommendations and rulemaking conducted by the other boards created pursuant new text end 99.26 new text begin to chapter 326B. The commissioner shall provide staff support to the board. The support new text end 99.27 new text begin includes professional, legal, technical, and clerical staff necessary to perform rulemaking new text end 99.28 new text begin and other duties assigned to the board. The commissioner of labor and industry shall new text end 99.29 new text begin supply necessary office space and supplies to assist the board in its duties. new text end 99.30     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin (a) Members of the board may be compensated at a rate new text end 99.31 new text begin of $55 a day spent on board activities, when authorized by the board, plus expenses in new text end 99.32 new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end 99.33 new text begin section 43A.18, subdivision 2. Members who, as a result of time spent attending board new text end 99.34 new text begin meetings, incur child care expenses that would not otherwise have been incurred, may be new text end 99.35 new text begin reimbursed for those expenses upon board authorization. new text end 100.1     new text begin (b) Members who are state employees or employees of the political subdivisions new text end 100.2 new text begin of the state must not receive the daily payment for activities that occur during working new text end 100.3 new text begin hours for which they are compensated by the state or political subdivision. However, a new text end 100.4 new text begin state or political subdivision employee may receive the daily payment if the employee new text end 100.5 new text begin uses vacation time or compensatory time accumulated in accordance with a collective new text end 100.6 new text begin bargaining agreement or compensation plan for board activities. Members who are state new text end 100.7 new text begin employees or employees of the political subdivisions of the state may receive the expenses new text end 100.8 new text begin provided for in this subdivision unless the expenses are reimbursed by another source. new text end 100.9 new text begin Members who are state employees or employees of political subdivisions of the state new text end 100.10 new text begin may be reimbursed for child care expenses only for time spent on board activities that new text end 100.11 new text begin are outside their working hours. new text end 100.12     new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent new text end 100.13 new text begin on board activities for purposes of making daily payments under this subdivision. new text end 100.14     new text begin Subd. 4. new text end new text begin Removal; vacancies. new text end new text begin (a) An appointed member of the board may be new text end 100.15 new text begin removed by the governor at any time (1) for cause, after notice and hearing, or (2) after new text end 100.16 new text begin missing three consecutive meetings. The chair of the board shall inform the governor of an new text end 100.17 new text begin appointed member missing the three consecutive meetings. After the second consecutive new text end 100.18 new text begin missed meeting and before the next meeting, the secretary of the board shall notify the new text end 100.19 new text begin appointed member in writing that the member may be removed for missing the next new text end 100.20 new text begin meeting. In the case of a vacancy on the board, the governor shall, with the advice new text end 100.21 new text begin and consent of the senate, appoint a person to fill the vacancy for the remainder of the new text end 100.22 new text begin unexpired term. new text end 100.23     new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6. new text end 100.24     new text begin Subd. 5. new text end new text begin Membership vacancies within three months of appointment. new text end 100.25     new text begin Notwithstanding any law to the contrary, when a membership on the board becomes new text end 100.26 new text begin vacant within three months after being filled through the appointments process, the new text end 100.27 new text begin governor may, upon notification to the office of secretary of state, choose a new member new text end 100.28 new text begin from the applications on hand and need not repeat the process. new text end 100.29     new text begin Subd. 6. new text end new text begin Officers, quorum, voting. new text end new text begin (a) The board shall elect annually from its new text end 100.30 new text begin members a chair, vice-chair, and secretary. A quorum of the board shall consist of a new text end 100.31 new text begin majority of members of the board qualified to vote on the matter in question. All questions new text end 100.32 new text begin concerning the manner in which a meeting is conducted or called that is not covered new text end 100.33 new text begin by statute shall be determined by Robert's Rules of Order (revised) unless otherwise new text end 100.34 new text begin specified by the bylaws. new text end 100.35     new text begin (b) Except as provided in paragraph (c), each plumbing code amendment considered new text end 100.36 new text begin by the board that receives an affirmative two-thirds or more majority vote of all of the new text end 101.1 new text begin voting members of the board shall be included in the next plumbing code rulemaking new text end 101.2 new text begin proceeding initiated by the board. If a plumbing code amendment considered, or new text end 101.3 new text begin reconsidered, by the board receives less than a two-thirds majority vote of all the voting new text end 101.4 new text begin members of the board, the plumbing code amendment shall not be included in the next new text end 101.5 new text begin plumbing code rulemaking proceeding initiated by the board. new text end 101.6     new text begin (c) If the plumbing code amendment considered by the board is to replace the new text end 101.7 new text begin Minnesota Plumbing Code with a model plumbing code, then the amendment may only be new text end 101.8 new text begin included in the next plumbing code rulemaking proceeding if it receives an affirmative new text end 101.9 new text begin two-thirds or more majority vote of all the voting members of the board. new text end 101.10     new text begin (d) The board may reconsider plumbing code amendments during an active new text end 101.11 new text begin plumbing code rulemaking proceeding in which the amendment previously failed to new text end 101.12 new text begin receive a two-thirds majority vote or more of all the voting members of the board only if new text end 101.13 new text begin new or updated information that affects the plumbing code amendment is presented to the new text end 101.14 new text begin board. The board may also reconsider failed plumbing code amendments in subsequent new text end 101.15 new text begin plumbing code rulemaking proceedings. new text end 101.16     new text begin (e) Each proposed rule and rule amendment considered by the board pursuant to the new text end 101.17 new text begin rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an new text end 101.18 new text begin affirmative majority vote of all the voting members of the board shall be included in the new text end 101.19 new text begin next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment new text end 101.20 new text begin considered, or reconsidered, by the board receives less than an affirmative majority vote of new text end 101.21 new text begin all the voting members of the board, the proposed rule or rule amendment shall not be new text end 101.22 new text begin included in the next rulemaking proceeding initiated by the board. new text end 101.23     new text begin (f) The board may reconsider proposed rules or rule amendments during an new text end 101.24 new text begin active rulemaking proceeding in which the amendment previously failed to receive an new text end 101.25 new text begin affirmative majority vote of all the voting members of the board only if new or updated new text end 101.26 new text begin information that affects the proposed rule or rule amendment is presented to the board. new text end 101.27 new text begin The board may also reconsider failed proposed rules or rule amendments in subsequent new text end 101.28 new text begin rulemaking proceedings. new text end 101.29     new text begin Subd. 6a. new text end new text begin Board meetings. new text end new text begin (a) The board shall hold meetings at such times as the new text end 101.30 new text begin board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D new text end 101.31 new text begin and in such a manner as the bylaws may provide. new text end 101.32     new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a new text end 101.33 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 101.34 new text begin conditions are met: new text end 101.35     new text begin (1) all members of the board participating in the meeting, wherever their physical new text end 101.36 new text begin location, can hear one another and can hear all discussion and testimony; new text end 102.1     new text begin (2) members of the public present at the regular meeting location of the board can new text end 102.2 new text begin hear clearly all discussion and testimony and all votes of members of the board and, if new text end 102.3 new text begin needed, receive those services required by sections 15.44 and 15.441; new text end 102.4     new text begin (3) at least one member of the board is physically present at the regular meeting new text end 102.5 new text begin location; and new text end 102.6     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 102.7 new text begin identified and recorded. new text end 102.8 new text begin Each member of the board participating in a meeting by telephone or other electronic new text end 102.9 new text begin means is considered present at the meeting for purposes of determining a quorum and new text end 102.10 new text begin participating in all proceedings. new text end 102.11     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 102.12 new text begin emergency meeting, the board, to the extent practical, shall allow a person to monitor new text end 102.13 new text begin the meeting electronically from a remote location. The board may require the person new text end 102.14 new text begin making such a connection to pay for documented costs that the board incurs as a result of new text end 102.15 new text begin the additional connection. new text end 102.16     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 102.17 new text begin emergency meeting, the board shall provide notice of the regular meeting location, of the new text end 102.18 new text begin fact that some members may participate by telephone or other electronic means, and that new text end 102.19 new text begin a person may monitor the meeting electronically from a remote location. Any person new text end 102.20 new text begin monitoring the meeting electronically from a remote location may be required to pay new text end 102.21 new text begin documented costs incurred by the board as a result of the additional connection. The new text end 102.22 new text begin timing and method of providing notice is governed by section 13D.04. new text end 102.23     new text begin Subd. 7. new text end new text begin Complaints. new text end new text begin (a) The board shall promptly forward to the commissioner new text end 102.24 new text begin the substance of any complaint or communication it receives, whether written or oral, new text end 102.25 new text begin that alleges or implies a violation of a statute, rule, or order that the commissioner has new text end 102.26 new text begin the authority to enforce pertaining to the license or registration of any person authorized new text end 102.27 new text begin by the department to provide plumbing services, the performance or offering to perform new text end 102.28 new text begin plumbing services requiring licensure by an unlicensed person, or plumbing code new text end 102.29 new text begin compliance. Each complaint or communication that is forwarded to the commissioner new text end 102.30 new text begin shall be submitted on a form provided by the commissioner. new text end 102.31     new text begin (b) The commissioner shall advise the board of the status of the complaint within 90 new text end 102.32 new text begin days after the board's written submission is received, or within 90 days after the board new text end 102.33 new text begin is provided with a written request for additional information or documentation from the new text end 102.34 new text begin commissioner or the commissioner's designee, whichever is later. The commissioner shall new text end 102.35 new text begin advise the board of the disposition of a complaint referred by the board within 180 days new text end 103.1 new text begin after the board's written submission is received. The commissioner shall annually report to new text end 103.2 new text begin the board a summary of the actions taken in response to complaints referred by the board. new text end 103.3     new text begin Subd. 8. new text end new text begin Data Practices Act. new text end new text begin The board is subject to chapter 13, the Minnesota new text end 103.4 new text begin Government Data Practices Act, and shall protect from unlawful disclosure data classified new text end 103.5 new text begin as not public. new text end 103.6     new text begin Subd. 9. new text end new text begin Official records. new text end new text begin The board shall make and preserve all records necessary new text end 103.7 new text begin to a full and accurate knowledge of its official activities in accordance with section 15.17. new text end 103.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 103.9    Sec. 6. Minnesota Statutes 2006, section 326.38, is amended to read: 103.10326.38 LOCAL REGULATIONS. 103.11    Any city having a system of waterworks or sewerage, or any town in which reside 103.12over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 103.13airports commission, new text begin Any of the following entities new text end may, by ordinance, adopt local 103.14regulations providing for plumbing permits, bonds, approval of plans new text begin and specifications new text end , 103.15and inspections of plumbing, which regulations are not in conflict with the plumbing 103.16standards on the same subject prescribed by the state commissioner of health. new text begin code: any new text end 103.17 new text begin city having a system of waterworks or sewerage, regardless of population; any town new text end 103.18 new text begin having a population of 5,000 or more according to the last federal census, exclusive of any new text end 103.19 new text begin statutory cities located therein; and the Metropolitan Airports Commission. new text end No city or 103.20such town new text begin such entity new text end shall prohibit plumbers licensed by the state commissioner of health 103.21from engaging in or working at the business new text begin of plumbing new text end , except cities and statutory cities 103.22which, prior to April 21, 1933, by ordinance required the licensing of plumbers. new text begin No such new text end 103.23 new text begin entity shall require any person who engages in the business of plumbing to post a bond new text end 103.24 new text begin as a prerequisite for engaging in the business of plumbing, except the bond to the state new text end 103.25 new text begin required under section 326.40 and except any performance bond required under a contract new text end 103.26 new text begin with the person for the performance of plumbing work for the entity. No such entity shall new text end 103.27 new text begin require any person who engages in the business of plumbing to maintain public liability new text end 103.28 new text begin insurance as a prerequisite for engaging in the business of plumbing, except the insurance new text end 103.29 new text begin required under section 326.40 and except any public liability insurance required under new text end 103.30 new text begin a contract with the person for the performance of plumbing work for the entity. new text end Any 103.31city by ordinance may prescribe regulations, reasonable standards, and inspections and 103.32grant permits to any person, firm, or corporation engaged in the business of installing 103.33water softeners, who is not licensed as a master plumber or journeyman plumber by the 103.34state commissioner of health, to connect water softening and water filtering equipment 104.1to private residence water distribution systems, where provision has been previously 104.2made therefor and openings left for that purpose or by use of cold water connections to 104.3a domestic water heater; where it is not necessary to rearrange, make any extension or 104.4alteration of, or addition to any pipe, fixture or plumbing connected with the water system 104.5except to connect the water softener, and provided the connections so made comply with 104.6minimum standards prescribed by the state commissioner of health. 104.7    Sec. 7. Minnesota Statutes 2006, section 326.38, is amended to read: 104.8326.38 LOCAL REGULATIONS. 104.9    Any city having a system of waterworks or sewerage, or any town in which reside 104.10over 5,000 people exclusive of any statutory cities located therein, or the metropolitan 104.11airports commission, may, by ordinance, adopt local regulations providing for plumbing 104.12permits, bonds, approval of plans, and inspections of plumbing, which regulations are 104.13not in conflict with the plumbing standards on the same subject prescribed by the state 104.14commissioner of health new text begin Plumbing Board new text end . No city or such town shall prohibit plumbers 104.15licensed by the state commissioner of health new text begin labor and industry new text end from engaging in or 104.16working at the business, except cities and statutory cities which, prior to April 21, 1933, 104.17by ordinance required the licensing of plumbers. new text begin No city or town may require a license new text end 104.18 new text begin for persons performing building sewer or water service installation who have completed new text end 104.19 new text begin pipe laying training as prescribed by the commissioner of labor and industry. new text end Any city 104.20by ordinance may prescribe regulations, reasonable standards, and inspections and grant 104.21permits to any person, firm, or corporation engaged in the business of installing water 104.22softeners, who is not licensed as a master plumber or journeyman plumber by the state 104.23commissioner of health new text begin labor and industry new text end , to connect water softening and water filtering 104.24equipment to private residence water distribution systems, where provision has been 104.25previously made therefor and openings left for that purpose or by use of cold water 104.26connections to a domestic water heater; where it is not necessary to rearrange, make any 104.27extension or alteration of, or addition to any pipe, fixture or plumbing connected with 104.28the water system except to connect the water softener, and provided the connections so 104.29made comply with minimum standards prescribed by the state commissioner of health new text begin new text end 104.30 new text begin Plumbing Board new text end . 104.31    Sec. 8. Minnesota Statutes 2006, section 326.39, is amended to read: 104.32326.39 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER 104.33OF HEALTH. 105.1    Such local authority as may be designated by any such ordinance for the issuance of 105.2such plumbing permits and approval of such plans shall report to the state commissioner 105.3of health persistent or willful violation of the same and any incompetence of a licensed 105.4plumber observed by the local authority. 105.5    Sec. 9. Minnesota Statutes 2006, section 326.40, is amended to read: 105.6326.40 LICENSING, BOND AND INSURANCE. 105.7    Subdivision 1. License required new text begin Plumbers must be licensed in certain cities new text end ; 105.8master and journeyman plumbers new text begin ; plumbing on one's own premises; rules for new text end 105.9 new text begin examination new text end . In any city now or hereafter having 5,000 or more population new text begin having a new text end 105.10 new text begin population of 5,000 or more new text end , according to the last federal census, and having a system 105.11of waterworks or sewerage, no person, firm, or corporation new text begin individual new text end shall engage in or 105.12work at the business of a master plumber or journeyman plumber unless licensed to do so 105.13by the state commissioner of health. A master plumber may also work as a journeyman 105.14plumber. Anyone new text begin Any individual new text end not so licensed may do plumbing work which complies 105.15with the provisions of the minimum standard prescribed by the state commissioner of 105.16health on premises or that part of premises owned and actually occupied by the worker as 105.17a residence, unless otherwise forbidden to do so by a local ordinance. 105.18    In any such city no person, firm, or corporation shall engage in the business of 105.19 new text begin planning, superintending, or new text end installing plumbing nor new text begin or shall new text end install plumbing in connection 105.20with the dealing in and selling of plumbing material and supplies unless at all times a 105.21licensed master plumber, who shall be responsible for proper new text begin planning, superintending, new text end 105.22 new text begin and new text end installation, is in charge of the plumbing work of the person, firm, or corporation. 105.23    The Department of Health new text begin Plumbing Board new text end shall prescribe rules, not inconsistent 105.24herewith, for the examination and licensing of plumbers. 105.25    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give 105.26bond to the state in the amount of $25,000 for all work entered into within the state. The 105.27bond shall be for the benefit of persons injured or suffering financial loss by reason of 105.28failure to comply with the requirements of the new text begin State new text end Plumbing Code. A new text begin The new text end bond given to 105.29the state shall be filed with the commissioner of health and shall be in lieu of all other 105.30bonds to any political subdivision required for plumbing work. The bond shall be written 105.31by a corporate surety licensed to do business in the state. 105.32    In addition, each applicant for a master plumber license or renewal thereof, may new text begin new text end 105.33 new text begin shall new text end provide evidence of public liability insurance, including products liability insurance 105.34with limits of at least $50,000 per person and $100,000 per occurrence and property 105.35damage insurance with limits of at least $10,000. The insurance shall be written by an 106.1insurer licensed to do business in the state of Minnesota and each licensed master plumber 106.2shall maintain on file with the state commissioner of health a certificate evidencing the 106.3insurance providing that the insurance shall not be canceled without the insurer first giving 106.415 days written notice to the commissioner. The term of the insurance shall be concurrent 106.5with the term of the license. The certificate shall be in lieu of all other certificates required 106.6by any political subdivision for licensing purposes. 106.7    Subd. 3. Bond and insurance exemption. new text begin If new text end a master plumber who is an employee 106.8of a master plumber or who is an employee engaged within the limits of property owned, 106.9leased and operated, or maintained by the employer, in the maintenance and repair of 106.10plumbing equipment, apparatus, or facilities owned or leased by the employer, new text begin who is in new text end 106.11 new text begin compliance with the bond and insurance requirements of subdivision 2 employs another new text end 106.12 new text begin master plumber, the employee master plumber new text end shall not be required to meet the bond and 106.13insurance requirements of subdivision 2. new text begin A master plumber who is an employee working new text end 106.14 new text begin on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or new text end 106.15 new text begin leased by their employer and which is within the limits of property owned or leased, and new text end 106.16 new text begin operated or maintained by their employer, shall not be required to meet the bond and new text end 106.17 new text begin insurance requirements of subdivision 2. new text end 106.18    Subd. 4. Alternative compliance. Compliance with the local bond requirements of 106.19a locale within which work is to be performed shall be deemed to satisfy the bond and 106.20insurance requirements of subdivision 2, provided the local ordinance requires at least a 106.21$25,000 bond. 106.22    Subd. 5. Fee. The state commissioner of health may charge Each person giving 106.23bond new text begin to the state under subdivision 2 shall pay the department new text end an annual bond filing new text begin new text end 106.24 new text begin registration new text end fee commensurate with the cost of administering the bond and insurance 106.25requirements of subdivision 2 new text begin of $40 new text end . 106.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that the new text end 106.27 new text begin amendments to subdivision 5 are effective July 1, 2007. new text end 106.28    Sec. 10. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read: 106.29    Subdivision 1. License required; master and journeyman plumbers. In any city 106.30now or hereafter having 5,000 or more population, according to the last federal census, 106.31and having a system of waterworks or sewerage, new text begin (a) new text end No person, firm, or corporation shall 106.32engage in or work at the business of a master plumber or new text begin , restricted master plumber, new text end 106.33journeyman plumber new text begin , and restricted journeyman plumber new text end unless licensed to do so by the 106.34state commissioner of health new text begin labor and industry new text end . new text begin A license is not required for persons new text end 106.35 new text begin performing building sewer or water service installation who have completed pipe laying new text end 107.1 new text begin training as prescribed by the commissioner of labor and industry. new text end A master plumber may 107.2also work as a journeyman plumber new text begin , a restricted journeyman plumber, and a restricted new text end 107.3 new text begin master plumber. A journeyman plumber may also work as a restricted journeyman new text end 107.4 new text begin plumber new text end . Anyone not so licensed may do plumbing work which complies with the 107.5provisions of the minimum standard new text begin standards new text end prescribed by the state commissioner of 107.6health new text begin Plumbing Board new text end on premises or that part of premises owned and actually occupied 107.7by the worker as a residence, unless otherwise forbidden to do so by a local ordinance. 107.8    In any such city new text begin (b) new text end No person, firm, or corporation shall engage in the business of 107.9installing plumbing nor install plumbing in connection with the dealing in and selling 107.10of plumbing material and supplies unless at all times a licensed master plumber, new text begin or in new text end 107.11 new text begin cities and towns with a population of fewer than 5,000 according to the federal census a new text end 107.12 new text begin restricted master plumber, new text end who shall be responsible for proper installation, is in charge 107.13of the plumbing work of the person, firm, or corporation. 107.14    The Department of Health shall prescribe rules, not inconsistent herewith, for the 107.15examination and licensing of plumbers. 107.16    Sec. 11. Minnesota Statutes 2006, section 326.401, is amended to read: 107.17326.401 PLUMBER'S APPRENTICES. 107.18    Subdivision 1. Registration. A new text begin All new text end plumber's apprentice new text begin apprentices new text end must be 107.19registered new text begin . To be a registered plumber's apprentice, an individual must either: new text end 107.20     new text begin (1) be an individual employed in the trade of plumbing under an apprenticeship new text end 107.21 new text begin agreement approved by the department under Minnesota Rules, part 5200.0300; or new text end 107.22     new text begin (2) be an unlicensed individual registered new text end with the commissioner of health on a 107.23registration application form supplied by the commissioner showing the date of beginning 107.24training, age, schooling, previous experience, employer, and other information required 107.25by the commissioner. new text begin under subdivision 3. A plumber's apprentice is authorized to new text end 107.26 new text begin assist in the installation of plumbing only while under the direct supervision of a master, new text end 107.27 new text begin restricted master, journeyman, or restricted journeyman plumber. The master, restricted new text end 107.28 new text begin master, journeyman, or restricted journeyman plumber is responsible for ensuring that all new text end 107.29 new text begin plumbing work performed by the plumber's apprentice complies with the plumbing code. new text end 107.30    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four 107.31years of practical plumbing experience is eligible to take the journeyman plumbing 107.32examination. Up to 24 months of practical plumbing experience prior to registration as an 107.33apprentice new text begin becoming a plumber's apprentice new text end may be applied to the four-year experience 107.34requirement. However, none of this practical plumbing experience may be applied if the 107.35person new text begin individual new text end did not have any practical plumbing experience in the 12-month period 108.1immediately prior to registration new text begin becoming a plumber's apprentice new text end . The commissioner 108.2may adopt rules to evaluate whether the person's new text begin individual's new text end past practical plumbing 108.3experience is applicable in preparing for the journeyman's examination. If two years after 108.4completing the training the person new text begin individual new text end has not taken the examination, the four years 108.5of experience shall be forfeited. 108.6    The commissioner may allow an extension of the two-year period for taking the 108.7exam for cases of hardship or other appropriate circumstances. 108.8    Subd. 3. new text begin Registration, rules, applications, renewals, and new text end fees. The Department 108.9of Health may assess fees to pay for the administration of the apprentice registration 108.10program. new text begin An unlicensed individual may register by completing and submitting to the new text end 108.11 new text begin commissioner a registration form provided by the commissioner. A completed registration new text end 108.12 new text begin form must state the date the individual began training, the individual's age, schooling, new text end 108.13 new text begin previous experience, and employer, and other information required by the commissioner. new text end 108.14 new text begin The board may prescribe rules, not inconsistent with this section, for the registration of new text end 108.15 new text begin unlicensed individuals. Each applicant for initial registration as a plumber's apprentice new text end 108.16 new text begin shall pay the department an application fee of $25. Applications for initial registration new text end 108.17 new text begin may be submitted at any time. Registration must be renewed annually and shall be for the new text end 108.18 new text begin period from July 1 of each year to June 30 of the following year. Applications for renewal new text end 108.19 new text begin registration must be received by the commissioner by June 30 of each registration period new text end 108.20 new text begin on forms provided by the commissioner, and must be accompanied by a fee of $25. An new text end 108.21 new text begin application for renewal registration received on or after July 1 in any year but no more new text end 108.22 new text begin than three months after expiration of the previously issued registration must pay the past new text end 108.23 new text begin due renewal fee plus a late fee of $25. No applications for renewal registration will be new text end 108.24 new text begin accepted more than three months after expiration of the previously issued registration. new text end 108.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 108.26    Sec. 12. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read: 108.27    Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years 108.28of practical plumbing experience is eligible to take the journeyman plumbing examination. 108.29Up to 24 months of practical plumbing experience prior to registration as an apprentice 108.30may be applied to the four-year experience requirement. However, none of this practical 108.31plumbing experience may be applied if the person did not have any practical plumbing 108.32experience in the 12-month period immediately prior to registration. The commissioner new text begin new text end 108.33 new text begin Plumbing Board new text end may adopt rules to evaluate whether the person's past practical plumbing 108.34experience is applicable in preparing for the journeyman's examination. If two years 109.1after completing the training the person has not taken the examination, the four years 109.2of experience shall be forfeited. 109.3    The commissioner may allow an extension of the two-year period for taking the 109.4exam for cases of hardship or other appropriate circumstances. 109.5    Sec. 13. new text begin [326.402] RESTRICTED PLUMBER LICENSE. new text end 109.6     new text begin Subdivision 1. new text end new text begin Licensure. new text end new text begin The commissioner of labor and industry shall grant a new text end 109.7 new text begin restricted journeyman or restricted master plumber license to an individual if: new text end 109.8     new text begin (1) the individual completes an application with information required by the new text end 109.9 new text begin commissioner of labor and industry; new text end 109.10     new text begin (2) the completed application is accompanied by a fee of $30; new text end 109.11     new text begin (3) the commissioner of labor and industry receives the completed application and new text end 109.12 new text begin fee before January 1, 2008; new text end 109.13     new text begin (4) the completed application demonstrates that the applicant has had at least two new text end 109.14 new text begin years for a restricted journeyman plumber license or four years for a restricted master new text end 109.15 new text begin plumber license of practical plumbing experience in the plumbing trade prior to the new text end 109.16 new text begin application; and new text end 109.17     new text begin (5) during the entire time for which the applicant is claiming experience in new text end 109.18 new text begin contracting for plumbing work under clause (4), the applicant was in compliance with all new text end 109.19 new text begin applicable bond requirements of section 326.40. new text end 109.20     new text begin Subd. 2. new text end new text begin Use of license. new text end new text begin A restricted master plumber and restricted journeyman new text end 109.21 new text begin plumber may engage in the plumbing trade in all areas of the state except in cities and new text end 109.22 new text begin towns with a population of more than 5,000 according to the federal census. new text end 109.23     new text begin Subd. 3. new text end new text begin Application period. new text end new text begin Applications for restricted master plumber and new text end 109.24 new text begin restricted journeyman plumber licenses must be submitted to the commissioner prior new text end 109.25 new text begin to January 1, 2008. new text end 109.26     new text begin Subd. 4. new text end new text begin Renewal; use period for license. new text end new text begin A restricted master plumber and new text end 109.27 new text begin restricted journeyman plumber license must be renewed annually for as long as that new text end 109.28 new text begin licensee engages in the plumbing trade. Failure to renew a restricted master plumber and new text end 109.29 new text begin restricted journeyman plumber license within 12 months after the expiration date will new text end 109.30 new text begin result in permanent forfeiture of the restricted master plumber and restricted journeyman new text end 109.31 new text begin plumber license. new text end 109.32     new text begin Subd. 5. new text end new text begin Prohibition of transference. new text end new text begin A restricted master plumber and restricted new text end 109.33 new text begin journeyman plumber license may not be transferred or sold to any other person. new text end 110.1     new text begin Subd. 6. new text end new text begin Bond; insurance. new text end new text begin A restricted master or a restricted journeyman plumber new text end 110.2 new text begin licensee is subject to the bond and insurance requirements of section 326.40, subdivision new text end 110.3 new text begin 2, unless the exemption provided by section 326.40, subdivision 3, applies. new text end 110.4     new text begin Subd. 7. new text end new text begin Fee. new text end new text begin The annual fee for the restricted master plumber and restricted new text end 110.5 new text begin journeyman plumber licenses is the same fee as for a master or journeyman plumber new text end 110.6 new text begin license, respectively. new text end 110.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 110.8    Sec. 14. Minnesota Statutes 2006, section 326.405, is amended to read: 110.9326.405 RECIPROCITY WITH OTHER STATES. 110.10    The commissioner of health may license without examination, upon payment of the 110.11required fee, nonresident applicants who are licensed under the laws of a state having 110.12standards for licensing plumbers which the commissioner determines are substantially 110.13equivalent to the standards of this state if the other state grants similar privileges to 110.14Minnesota residents duly licensed in this state. new text begin The commissioner may enter into new text end 110.15 new text begin reciprocity agreements for personal licenses with another state if approved by the board. new text end 110.16 new text begin Once approved by the board, the commissioner may issue a plumber's license without new text end 110.17 new text begin requiring the applicant to pass an examination provided the applicant: new text end 110.18     new text begin (a) submits an application under section 326.42; new text end 110.19     new text begin (b) pays the fee required under section 326.42; and new text end 110.20     new text begin (c) holds a valid comparable license in the state participating in the agreement. new text end 110.21     new text begin Agreements are subject to the following: new text end 110.22     new text begin (1) The parties to the agreement must administer a statewide licensing program that new text end 110.23 new text begin includes examination and qualifying experience or training comparable to Minnesota's. new text end 110.24     new text begin (2) The experience and training requirements under which an individual applicant new text end 110.25 new text begin qualified for examination in the qualifying state must be deemed equal to or greater than new text end 110.26 new text begin required for an applicant making application in Minnesota at the time the applicant new text end 110.27 new text begin acquired the license in the qualifying state. new text end 110.28     new text begin (3) The applicant must have acquired the license in the qualifying state through an new text end 110.29 new text begin examination deemed equivalent to the same class of license examination in Minnesota. new text end 110.30 new text begin A lesser class of license may be granted where the applicant has acquired a greater new text end 110.31 new text begin class of license in the qualifying state and the applicant otherwise meets the conditions new text end 110.32 new text begin of this subdivision. new text end 111.1     new text begin (4) At the time of application, the applicant must hold a valid license in the new text end 111.2 new text begin qualifying state and have held the license continuously for at least one year before making new text end 111.3 new text begin application in Minnesota. new text end 111.4     new text begin (5) An applicant is not eligible for a license under this subdivision if the applicant new text end 111.5 new text begin has failed the same or greater class of license examination in Minnesota, or if the new text end 111.6 new text begin applicant's license of the same or greater class has been revoked or suspended. new text end 111.7     new text begin (6) An applicant who has failed to renew a plumber's license for two years or more new text end 111.8 new text begin after its expiration is not eligible for a license under this subdivision. new text end 111.9    Sec. 15. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read: 111.10    Subdivision 1. Application. Applications for plumber's license shall be made to the 111.11state commissioner of health new text begin labor and industry new text end , with fee. Unless the applicant is entitled 111.12to a renewal, the applicant shall be licensed by the state commissioner of health new text begin labor and new text end 111.13 new text begin industry new text end only after passing a satisfactory examination new text begin developed and administered new text end by the 111.14examiners new text begin commissioner of labor and industry, based upon rules adopted by the Plumbing new text end 111.15 new text begin Board new text end showing fitness. Examination fees for both journeyman and master plumbers 111.16shall be in an amount prescribed by the state commissioner of health new text begin labor and industry new text end 111.17pursuant to section 144.122. Upon being notified that of having successfully passed 111.18the examination for original license the applicant shall submit an application, with the 111.19license fee herein provided. License fees shall be in an amount prescribed by the state 111.20commissioner of health new text begin labor and industry new text end pursuant to section 144.122. Licenses shall 111.21expire and be renewed as prescribed by the commissioner pursuant to section 144.122. 111.22    Sec. 16. Minnesota Statutes 2006, section 326.42, is amended to read: 111.23326.42 APPLICATIONS, FEES. 111.24    Subdivision 1. Application. Applications for plumber's license shall be made to 111.25the state commissioner of health, with fee. Unless the applicant is entitled to a renewal, 111.26the applicant shall be licensed by the state commissioner of health only after passing 111.27a satisfactory examination by the examiners showing fitness. Examination fees for 111.28both journeyman and master plumbers shall be in an amount prescribed by the state 111.29commissioner of health pursuant to section new text begin $50 for each examination new text end . Upon 111.30being notified that of having successfully passed the examination for original license 111.31the applicant shall submit an application, with the license fee herein provided. License 111.32fees shall be in an amount prescribed by the state commissioner of health pursuant to 111.33section . Licenses shall expire and be renewed as prescribed by the commissioner 111.34pursuant to section . new text begin The license fee for each initial and renewal master plumber's new text end 112.1 new text begin license shall be $120. The license fee for each initial and renewal journeyman plumber's new text end 112.2 new text begin license shall be $55. The commissioner may by rule prescribe for the expiration and new text end 112.3 new text begin renewal of licenses. Any licensee who does not renew a license within two years after the new text end 112.4 new text begin license expires is no longer eligible for renewal. Such an individual must retake and pass new text end 112.5 new text begin the examination before a new license will be issued. A journeyman or master plumber new text end 112.6 new text begin who submits a license renewal application after the time specified in rule but within two new text end 112.7 new text begin years after the license expired must pay all past due renewal fees plus a late fee of $25. new text end 112.8    Subd. 2. Fees new text begin for plan reviews and audits new text end . Plumbing system plans and 112.9specifications that are submitted to the commissioner for review shall be accompanied by 112.10the appropriate plan examination fees. If the commissioner determines, upon review of 112.11the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior 112.12to plan approval. The commissioner shall charge the following fees for plan reviews and 112.13audits of plumbing installations for public, commercial, and industrial buildings: 112.14    (1) systems with both water distribution and drain, waste, and vent systems and 112.15having: 112.16    (i) 25 or fewer drainage fixture units, $150; 112.17    (ii) 26 to 50 drainage fixture units, $250; 112.18    (iii) 51 to 150 drainage fixture units, $350; 112.19    (iv) 151 to 249 drainage fixture units, $500; 112.20    (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum 112.21of $4,000; and 112.22    (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch 112.23basin design; 112.24    (2) building sewer service only, $150; 112.25    (3) building water service only, $150; 112.26    (4) building water distribution system only, no drainage system, $5 per supply 112.27fixture unit or $150, whichever is greater; 112.28    (5) storm drainage system, a minimum fee of $150 or: 112.29    (i) $50 per drain opening, up to a maximum of $500; and 112.30    (ii) $70 per interceptor, separator, or catch basin design; 112.31    (6) manufactured home park or campground, one to 25 sites, $300; 112.32    (7) manufactured home park or campground, 26 to 50 sites, $350; 112.33    (8) manufactured home park or campground, 51 to 125 sites, $400; 112.34    (9) manufactured home park or campground, more than 125 sites, $500; 112.35    (10) accelerated review, double the regular fee, one-half to be refunded if no 112.36response from the commissioner within 15 business days; and 113.1    (11) revision to previously reviewed or incomplete plans: 113.2    (i) review of plans for which new text begin the new text end commissioner has issued two or more requests for 113.3additional information, per review, $100 or ten percent of the original fee, whichever 113.4is greater; 113.5    (ii) proposer-requested revision with no increase in project scope, $50 or ten percent 113.6of original fee, whichever is greater; and 113.7    (iii) proposer-requested revision with an increase in project scope, $50 plus the 113.8difference between the original project fee and the revised project fee. 113.9     new text begin Subd. 3. new text end new text begin Inspection fees. new text end new text begin The commissioner shall charge the following fees for new text end 113.10 new text begin inspections under sections 326.361 to 326.44: new text end 113.11 new text begin Residential inspection fee (each visit) new text end new text begin $50 new text end 113.12 113.13 new text begin Public, commercial, and industrial new text end new text begin inspections new text end new text begin Inspection fee new text end 113.14 new text begin 25 or fewer drainage fixture units new text end new text begin $300 new text end 113.15 new text begin 26 to 50 drainage fixture units new text end new text begin $900 new text end 113.16 new text begin 51 to 150 drainage fixture units new text end new text begin $1,200 new text end 113.17 new text begin 151 to 249 drainage fixture units new text end new text begin $1,500 new text end 113.18 new text begin 250 or more drainage fixture units new text end new text begin $1,800 new text end 113.19 new text begin Callback fee (each visit) new text end new text begin $100 new text end 113.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 113.21    Sec. 17. new text begin [326B.41] PURPOSE. new text end 113.22     new text begin The purpose of sections 326B.41 to 326B.49 is to promote the public health and new text end 113.23 new text begin safety through properly designed, acceptably installed, and adequately maintained new text end 113.24 new text begin plumbing systems. new text end 113.25    Sec. 18. new text begin [326B.42] DEFINITIONS. new text end 113.26     new text begin Subdivision 1. new text end new text begin Words, terms, and phrases. new text end new text begin For purposes of sections 326B.41 to new text end 113.27 new text begin 326B.49, the terms defined in this section have the meanings given to them. new text end 113.28     new text begin Subd. 2. new text end new text begin Direct supervision. new text end new text begin The term "direct supervision," with respect to direct new text end 113.29 new text begin supervision of a plumber's apprentice by a master, restricted master, journeyman, or new text end 113.30 new text begin restricted journeyman plumber, means that: new text end 113.31     new text begin (1) at all times while the plumber's apprentice is performing plumbing work, the new text end 113.32 new text begin supervising plumber is present at the location where the plumber's apprentice is working; new text end 113.33     new text begin (2) the supervising plumber is physically present and immediately available to the new text end 113.34 new text begin plumber's apprentice at all times for assistance and direction; new text end 114.1     new text begin (3) any form of electronic supervision does not meet the requirement of physically new text end 114.2 new text begin present; new text end 114.3     new text begin (4) the supervising plumber actually reviews the plumbing work performed by the new text end 114.4 new text begin plumber's apprentice before the plumbing is operated; and new text end 114.5     new text begin (5) the supervising plumber is able to and does determine that all plumbing work new text end 114.6 new text begin performed by the plumber's apprentice is performed in compliance with the plumbing code. new text end 114.7     new text begin Subd. 3. new text end new text begin Municipality. new text end new text begin The term "municipality" shall have the meaning given to it new text end 114.8 new text begin in section 16B.60, subdivision 3. new text end 114.9     new text begin Subd. 4. new text end new text begin Plumbing code. new text end new text begin "Plumbing code" means Minnesota Rules, chapter 4715. new text end 114.10    Sec. 19. new text begin REVISOR'S INSTRUCTION. new text end 114.11     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 114.12 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 114.13 new text begin cross-referenced changes consistent with the renumbering. new text end 114.14 new text begin Column A new text end new text begin Column B new text end 114.15 new text begin 326.01, subd. 7 new text end new text begin 326B.42, subd. 3 new text end 114.16 new text begin 326.01, subd. 8 new text end new text begin 326B.42, subd. 4 new text end 114.17 new text begin 326.01, subd. 9 new text end new text begin 326B.42, subd. 7 new text end 114.18 new text begin 326.37 new text end new text begin 326B.43 new text end 114.19 new text begin 326.38 new text end new text begin 326B.44 new text end 114.20 new text begin 326.39 new text end new text begin 326B.45 new text end 114.21 new text begin 326.40 new text end new text begin 326B.46 new text end 114.22 new text begin 326.401 new text end new text begin 326B.47 new text end 114.23 new text begin 326.405 new text end new text begin 326B.48 new text end 114.24 new text begin 326.42 new text end new text begin 326B.49 new text end 114.25    Sec. 20. new text begin REPEALER. new text end 114.26 new text begin Minnesota Statutes 2006, section 326.01, subdivision 9, new text end new text begin is repealed. new text end 114.27ARTICLE 7 114.28WATER CONDITIONING CONTRACTORS AND INSTALLERS 114.29    Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read: 114.30    Subdivision 1. Rulemaking by commissioner of health. The state commissioner 114.31of health shall, by rule, prescribe minimum standards which shall be uniform, and 114.32which standards shall thereafter be effective for all new water conditioning servicing 114.33and water conditioning installations, including additions, extensions, alterations, and 114.34replacements connected with any water or sewage disposal system owned or operated by 115.1or for any municipality, institution, factory, office building, hotel, apartment building or 115.2any other place of business, regardless of location or the population of the city, county 115.3or town in which located. Such rules, upon approval of the attorney general and their 115.4legal publication, shall have the force of law, and the violation of any part thereof shall 115.5constitute a misdemeanor and may be enjoined by the attorney general. 115.6    Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read: 115.7326.58 LOCAL REGULATIONS. 115.8    Any city or town with a population of 5,000 or more persons new text begin according to the last new text end 115.9 new text begin federal census new text end may, by ordinance, adopt local regulations providing for water conditioning 115.10permits, bonds, approval of plans, and inspections of water conditioning installations and 115.11servicing, which regulations shall not be in conflict with the water conditioning standards 115.12on the same subject prescribed by the state commissioner of health. No such city or 115.13town shall prohibit water conditioning contractors or installers licensed by the state 115.14commissioner of health from engaging in or working at the business. 115.15    Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read: 115.16326.59 VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER 115.17OF HEALTH. 115.18    Such local authority as may be designated by any such ordinance for the issuance 115.19of such water conditioning installation and servicing permits and approval of such plans 115.20shall report to the state commissioner of health persistent or willful violations of the 115.21same and any incompetence of a licensed water conditioning contractor or licensed water 115.22conditioning installer observed by the local authority. 115.23    Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read: 115.24326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES. 115.25    Subdivision 1. Licensing in certain cities. In any city or town now or hereafter 115.26having a population of 5,000 or more according to the last federal census, no person, firm, 115.27or corporation shall engage in or work at the business of water conditioning installation or 115.28servicing after January 1, 1970, unless (a) new text begin (1) new text end at all times a person new text begin an individual new text end licensed 115.29as a water conditioning contractor by the state commissioner of health shall be responsible 115.30for the proper water conditioning installation and servicing work of such person, firm, or 115.31corporation, and (b) new text begin (2) new text end all installations, other than exchanges of portable equipment, are 115.32actually made new text begin performed new text end by a licensed water conditioning contractor or licensed water 116.1conditioning installer. Anyone new text begin Any individual new text end not so licensed may do new text begin perform new text end water 116.2conditioning work which new text begin that new text end complies with the provisions of the minimum standard 116.3prescribed by the state commissioner of health on premises or that part of premises owned 116.4and actually occupied by the worker as a residence, unless otherwise forbidden to do so new text begin new text end 116.5 new text begin prohibited new text end by a local ordinance. 116.6    Subd. 2. Qualifications for licensing. A water conditioning contractor license 116.7shall be issued only to a person new text begin an individual new text end who has demonstrated skill in planning, 116.8superintending, and servicing water conditioning installations. A water conditioning 116.9installer license shall only be issued to a person new text begin an individual new text end other than a water 116.10conditioning contractor who has demonstrated practical knowledge of water conditioning 116.11installation. 116.12    Subd. 3. Rules. The state commissioner of health shall: 116.13    (a) new text begin (1) new text end prescribe rules, not inconsistent herewith, for the licensing of water 116.14conditioning contractors and installers; 116.15    (b) new text begin (2) new text end license water conditioning contractors and installers; 116.16    (c) new text begin (3) new text end prescribe rules not inconsistent herewith for the examining of water 116.17conditioning contractors and installers prior to first granting a license as a water 116.18conditioning contractor or water conditioning installer; and 116.19    (d) new text begin (4) new text end collect an examination fee from each examinee for a license as a water 116.20conditioning contractor and a new text begin an examination new text end fee from each examinee for a license 116.21as a water conditioning installer in an amount prescribed by the state commissioner of 116.22health pursuant to new text begin set forth in new text end section new text begin 326.62 new text end . A water conditioning installer 116.23must successfully pass the examination for water conditioning contractors before being 116.24licensed as a water conditioning contractor. 116.25    Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read: 116.26326.601 ALTERNATIVE STATE BONDING AND INSURANCE 116.27REGULATION. 116.28    Subdivision 1. Bonds. new text begin (a) new text end An applicant for a water conditioning contractor or 116.29installer license or renewal thereof who is required by any political subdivision to give a 116.30bond to obtain or maintain the license, may comply with any political subdivision bonding 116.31requirement by giving a bond to the state new text begin as described in paragraph (b). No applicant for a new text end 116.32 new text begin water conditioning contractor or installer license who maintains the bond under paragraph new text end 116.33 new text begin (b) shall be otherwise required to meet the bond requirements of any political subdivision. new text end 116.34     new text begin (b) Each bond given to the state under this subdivision shall be new text end in the total penal sum 116.35of $3,000 conditioned upon the faithful and lawful performance of all water conditioning 117.1contracting or installing work done within the state. The bond shall be for the benefit of 117.2persons suffering injuries or damages due to the work. The bond shall be filed with the 117.3commissioner of health and shall be written by a corporate surety licensed to do business 117.4in this state. No applicant for a water conditioning contractor or installer license who 117.5maintains the bond under this subdivision shall be otherwise required to meet the bond 117.6requirements of any political subdivision. new text begin The bond must remain in effect at all times new text end 117.7 new text begin while the application is pending and while the license is in effect. new text end 117.8    Subd. 2. Insurance. new text begin (a) new text end Each applicant for a water conditioning contractor or 117.9installer license or renewal thereof may, in lieu of all other insurance requirements of any 117.10political subdivision for said licensing purposes, maintain the insurance specified by 117.11this subdivision. new text begin who is required by any political subdivision to maintain insurance to new text end 117.12 new text begin obtain or maintain the license may comply with any political subdivision's insurance new text end 117.13 new text begin requirement by maintaining the insurance described in paragraph (b). No applicant for a new text end 117.14 new text begin water conditioning contractor or installer license who maintains the insurance described new text end 117.15 new text begin in paragraph (b) shall be otherwise required to meet the insurance requirements of any new text end 117.16 new text begin political subdivision. new text end 117.17     new text begin (b) new text end The insurance shall provide coverage, including products liability coverage, 117.18for all damages in connection with licensed work for which the licensee is liable, with 117.19personal damage limits of at least $50,000 per person and $100,000 per occurrence and 117.20property damage insurance with limits of at least $10,000. The insurance shall be written 117.21by an insurer licensed to do business in this state and each licensed water conditioning 117.22contractor or installer shall maintain on file with the commissioner of health a certificate 117.23evidencing the insurance new text begin shall be filed with the commissioner. The insurance must remain new text end 117.24 new text begin in effect at all times while the application is pending and while the license is in effect new text end . The 117.25insurance shall not be canceled without the insurer first giving 15 days' written notice to 117.26the commissioner. 117.27    Subd. 3. Bond and insurance exemption. A water conditioning contractor or 117.28installer who is an employee of a water conditioning contractor or installer, including 117.29an employee engaged in the maintenance and repair of water conditioning equipment, 117.30apparatus, or facilities owned, leased and operated, or maintained by the employer, is 117.31not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of 117.32any political subdivision. 117.33    Subd. 4. Fee. The commissioner of health may establish by rule an additional 117.34fee commensurate with the cost of administering the bond and insurance requirements 117.35of subdivisions 1 and 2, which may be charged new text begin shall collect a $40 bond registration fee new text end 118.1 new text begin from new text end each applicant for issuance or renewal of a water conditioning contractor or installer 118.2license who elects to proceed under subdivisions 1 and 2. 118.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that the new text end 118.4 new text begin amendments to subdivision 4 are effective July 1, 2007. new text end 118.5    Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read: 118.6    Subdivision 1. Water conditioning installation. "Water conditioning installation" 118.7as used in sections to means the installation of appliances, appurtenances, 118.8and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical 118.9or bacterial content, said installation to be made in a water distribution system serving a 118.10single family residential unit, which has been initially established by a licensed plumber, 118.11and does not involve a direct connection without an air gap to a soil or waste pipe. 118.12    Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read: 118.13    Subd. 2. Water conditioning servicing. "Water conditioning servicing" as used in 118.14sections to means the servicing (including servicing prior to installation) of 118.15a water conditioning installation. 118.16    Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read: 118.17    Subd. 3. Rules. In order to provide effective protection of the public health, the 118.18state commissioner of health may by rule prescribe limitations on the nature of alteration 118.19to, extension of, or connection with, the said water distribution system initially established 118.20by a licensed plumber which may be performed by a person licensed hereunder, and may 118.21by rule in appropriate instances require filing of plans, blueprints and specifications prior 118.22to commencement of installation. Such rules, upon approval of the attorney general and 118.23their legal publication, shall have the force of law, and the violation of any part thereof 118.24shall constitute a misdemeanor. The installation of water heaters shall not constitute water 118.25conditioning installation and consequently such work shall be accomplished in accordance 118.26with the provisions of sections new text begin 326.361 new text end to new text begin 326.44 new text end . 118.27    Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read: 118.28    Subd. 4. Single family residential unit. "Single family residential unit" as used in 118.29sections to means a building or portion thereof which is arranged, designed, 118.30used or intended to be used for residential occupancy by one family, but not including a 118.31motel, hotel or rooming house. 119.1    Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read: 119.2326.62 APPLICATIONS; FEES. 119.3    Applications for water conditioning contractor's or installer's licenses shall be 119.4made to the state commissioner of health with the fee prescribed by the commissioner 119.5pursuant to section . Licenses shall expire and be renewed as prescribed by 119.6the commissioner pursuant to section . new text begin Unless examination fees have been set new text end 119.7 new text begin by a contract under section 326B.05, examination fees for both water conditioning new text end 119.8 new text begin contractors and water conditioning installers shall be $50 for each examination. Each new text end 119.9 new text begin water conditioning contractor and installer license shall expire on December 31 of the year new text end 119.10 new text begin for which it was issued. The license fee for each initial water conditioning contractor's new text end 119.11 new text begin license shall be $70, except that the license fee shall be $35 if the application is submitted new text end 119.12 new text begin during the last three months of the calendar year. The license fee for each renewal water new text end 119.13 new text begin conditioning contractor's license shall be $70. The license fee for each initial water new text end 119.14 new text begin conditioning installer license shall be $35, except that the license fee shall be $17.50 if the new text end 119.15 new text begin application is submitted during the last three months of the calendar year. The license fee new text end 119.16 new text begin for each renewal water conditioning installer license shall be $35. The commissioner may new text end 119.17 new text begin by rule prescribe for the expiration and renewal of licenses. Any licensee who does not new text end 119.18 new text begin renew a license within two years after the license expires is no longer eligible for renewal. new text end 119.19 new text begin Such an individual must retake and pass the examination before a new license will be new text end 119.20 new text begin issued. A water conditioning contractor or water conditioning installer who submits a new text end 119.21 new text begin license renewal application after the time specified in rule but within two years after the new text end 119.22 new text begin license expired must pay all past due renewal fees plus a late fee of $25. new text end 119.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 119.24    Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read: 119.25326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION. 119.26    The provisions of sections 326.57 to 326.65 which new text begin that new text end require the obtaining of 119.27licenses to engage in the work or business of water conditioning installation, and the 119.28provisions which new text begin that new text end provide for the examination of applicants for such licenses, shall 119.29only apply to work accomplished in cities or towns having populations of 5,000 or more 119.30 new text begin according to the last federal census, new text end and shall not apply to master plumbers and journeymen 119.31plumbers licensed under the provisions of sections new text begin 326.361 new text end to new text begin 326.44 new text end . 119.32    Sec. 12. new text begin [326B.50] DEFINITIONS. new text end 120.1     new text begin Subdivision 1. new text end new text begin Words, terms, and phrases. new text end new text begin For the purposes of sections 326B.50 new text end 120.2 new text begin to 326B.59, the terms defined in this section have the meanings given them. new text end 120.3    Sec. 13. new text begin REVISOR'S INSTRUCTION. new text end 120.4     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 120.5 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 120.6 new text begin cross-reference changes consistent with the renumbering. new text end 120.7 new text begin Column A new text end new text begin Column B new text end 120.8 new text begin 326.57 new text end new text begin 326B.52 new text end 120.9 new text begin 326.58 new text end new text begin 326B.53 new text end 120.10 new text begin 326.59 new text end new text begin 326B.54 new text end 120.11 new text begin 326.60 new text end new text begin 326B.55 new text end 120.12 new text begin 326.601 new text end new text begin 326B.56 new text end 120.13 new text begin 326.61, subd. 1 new text end new text begin 326B.50, subd. 3 new text end 120.14 new text begin 326.61, subd. 2 new text end new text begin 326B.50, subd. 4 new text end 120.15 new text begin 326.61, subd. 3 new text end new text begin 326B.57 new text end 120.16 new text begin 326.61, subd. 4 new text end new text begin 326B.50, subd. 2 new text end 120.17 new text begin 326.62 new text end new text begin 326B.58 new text end 120.18 new text begin 326.65 new text end new text begin 326B.59 new text end 120.19ARTICLE 8 120.20RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES 120.21    Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read: 120.22325E.58 SIGN CONTRACTOR; BOND. 120.23    (a) A sign contractor may post a compliance bond with the commissioner, 120.24conditioned that the sign contractor shall faithfully perform duties and comply with laws, 120.25ordinances, rules, and contracts entered into for the installation of signs. The bond must 120.26be renewed annually and maintained for so long as determined by the commissioner. The 120.27aggregate liability of the surety on the bond to any and all persons, regardless of the 120.28number of claims made against the bond, may not exceed the annual amount of the bond. 120.29The bond may be canceled as to future liability by the surety upon 30 days' written notice 120.30mailed to the commissioner by United States mail. 120.31    (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by 120.32a local unit of government that requires sign installers new text begin contractors new text end to post a compliance 120.33bond. The bond is in lieu of any compliance bond required by a local unit of government. 120.34    (c) For purposes of this section, "sign" means a device, structure, fixture, or 120.35placard using graphics, symbols, or written copy that is erected on the premises of an 121.1establishment including the name of the establishment or identifying the merchandise, 121.2services, activities, or entertainment available on the premises. 121.3    Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read: 121.4    Subd. 6. Lessee. "Lessee" means one who rents new text begin or leases new text end residential real estate 121.5pursuant to a written lease agreement of at least one year's duration. 121.6    Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read: 121.7    Subd. 7. Licensee. "Licensee" means a residential building contractor, residential 121.8remodeler, manufactured home installer, or new text begin residential new text end roofer licensed under sections 121.9326.83 to . 121.10    Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read: 121.11    Subd. 11. Owner. Except in section 326.91, subdivision 1, "owner" means a person 121.12who has any legal or equitable interest in real property. For purposes of sections 121.13to , "owner" does not include a residential building contractor or residential 121.14remodeler who constructs or improves its own property for purposes of speculation. A 121.15residential building contractor or residential remodeler will be presumed to be building or 121.16improving for purposes of speculation if it constructs or improves more than one property 121.17within any 24-month period. new text begin "Owner," when used in connection with real property, means new text end 121.18 new text begin a person who has any legal or equitable interest in the real property. new text end 121.19    Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read: 121.20    Subd. 18. new text begin Residential new text end roofer. " new text begin Residential new text end roofer" means a person in the business 121.21of contracting, or offering to contract with an owner, to complete work on residential real 121.22estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of 121.23roof systems, but not construction of new roof systems. 121.24    Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read: 121.25    Subd. 19. Special skill. "Special skill" means one of the following eight categories: 121.26    (a) Excavation. Excavation includes work in any of the following areas: 121.27    (1) excavation; 121.28    (2) trenching; 121.29    (3) grading; and 121.30    (4) site grading. 122.1    (b) Masonry and concrete. Masonry and concrete includes work in any of the 122.2following areas: 122.3    (1) drain systems; 122.4    (2) poured walls; 122.5    (3) slabs and poured-in-place footings; 122.6    (4) masonry walls; 122.7    (5) masonry fireplaces; 122.8    (6) masonry veneer; and 122.9    (7) water resistance and waterproofing. 122.10    (c) Carpentry. Carpentry includes work in any of the following areas: 122.11    (1) rough framing; 122.12    (2) finish carpentry; 122.13    (3) doors, windows, and skylights; 122.14    (4) porches and decks, excluding footings; 122.15    (5) wood foundations; and 122.16    (6) drywall installation, excluding taping and finishing. 122.17    (d) Interior finishing. Interior finishing includes work in any of the following areas: 122.18    (1) floor covering; 122.19    (2) wood floors; 122.20    (3) cabinet and counter top installation; 122.21    (4) insulation and vapor barriers; 122.22    (5) interior or exterior painting; 122.23    (6) ceramic, marble, and quarry tile; 122.24    (7) ornamental guardrail and installation of prefabricated stairs; and 122.25    (8) wallpapering. 122.26    (e) Exterior finishing. Exterior finishing includes work in any of the following 122.27areas: 122.28    (1) siding; 122.29    (2) soffit, fascia, and trim; 122.30    (3) exterior plaster and stucco; 122.31    (4) painting; and 122.32    (5) rain carrying systems, including gutters and down spouts. 122.33    (f) Drywall and plaster. Drywall and plaster includes work in any of the following 122.34areas: 122.35    (1) installation; 122.36    (2) taping; 123.1    (3) finishing; 123.2    (4) interior plaster; 123.3    (5) painting; and 123.4    (6) wallpapering. 123.5    (g) new text begin Residential new text end roofing. new text begin Residential new text end roofing includes work in any of the following 123.6areas: 123.7    (1) roof coverings; 123.8    (2) roof sheathing; 123.9    (3) roof weatherproofing and insulation; and 123.10    (4) repair of roof support system, but not construction of new roof support system. 123.11    (h) General installation specialties. Installation includes work in any of the 123.12following areas: 123.13    (1) garage doors and openers; 123.14    (2) pools, spas, and hot tubs; 123.15    (3) fireplaces and wood stoves; 123.16    (4) asphalt paving and seal coating; new text begin and new text end 123.17    (5) exterior plaster and stucco; and 123.18    (6) ornamental guardrail and prefabricated stairs. 123.19    Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read: 123.20    Subd. 20. Specialty contractor. "Specialty contractor" means a person in the 123.21business of contracting or offering to contract to build or improve residential real estate by 123.22providing new text begin only new text end one special skill as defined in this section. 123.23    Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read: 123.24326.84 LICENSING REQUIREMENTS. 123.25    Subdivision 1. Persons required to be licensed. A person who meets the definition 123.26of a residential new text begin building contractor as defined in section 326.83, subdivision 15, must be new text end 123.27 new text begin licensed as a residential building contractor by the commissioner. A person who meets new text end 123.28 new text begin the definition of a residential new text end remodeler as defined in section 326.83, subdivision 16, 123.29or a residential building contractor as defined in section 326.83, subdivision 15, must 123.30be licensed as a residential building contractor or residential remodeler. new text begin 16, must be new text end 123.31 new text begin licensed by the commissioner as a residential remodeler or residential building contractor. new text end 123.32 new text begin A person who meets the definition of a residential roofer as defined in section 18 must new text end 123.33 new text begin be licensed by the commissioner as a residential roofer, residential building contractor, new text end 123.34 new text begin or residential remodeler. A person who meets the definition of a manufactured home new text end 124.1 new text begin installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured new text end 124.2 new text begin home installer by the commissioner. new text end 124.3    Subd. 1a. Persons who may be licensed. A person who meets the definition of 124.4a specialty contractor as defined in section 326.83, subdivision 20 new text begin 19 new text end , may be licensed new text begin new text end 124.5 new text begin by the commissioner new text end as a residential building contractor or residential remodeler unless 124.6required to be licensed by the state as a specialty contractor. 124.7    Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required 124.8to be licensed by subdivision 1 may act or hold themselves out as new text begin a new text end residential building 124.9contractors or new text begin contractor, new text end residential remodelers new text begin remodeler, residential roofer, or new text end 124.10 new text begin manufactured home installer new text end for compensation without a valid license issued by the 124.11commissioner. 124.12    Subd. 1c. Licensing criteria. The examination and education requirements for 124.13licensure under sections 326.84 to must be fulfilled by a qualifying person 124.14designated by the potential licensee. If the qualifying person is a managing employee, the 124.15qualifying person must be an employee who is regularly employed by the licensee and 124.16is actively engaged in the business of residential contracting or residential remodeling 124.17on behalf of the licensee. For a sole proprietorship, the qualifying person must be the 124.18proprietor or managing employee. For a partnership, the qualifying person must be a 124.19general partner or managing employee. For a limited liability company, the qualifying 124.20person must be a chief manager or managing employee. For a corporation, the qualifying 124.21person must be a chief executive officer new text begin an owner, officer, new text end or managing employee. A 124.22qualifying person for a corporation new text begin or limited liability company new text end may act as a new text begin the new text end qualifying 124.23person for one additional corporation if one of the following conditions exists: 124.24    (1) there is a common ownership of at least 25 percent of each licensed corporation 124.25for which the person acts in a qualifying capacity; or 124.26    (2) one corporation is a subsidiary of another corporation for which the same person 124.27acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of 124.28which at least 25 percent is owned by the parent corporation. new text begin more than one corporation new text end 124.29 new text begin or limited liability company if there is common ownership of at least 25 percent among new text end 124.30 new text begin each of the licensed corporations or limited liability companies for which the person new text end 124.31 new text begin acts in the capacity of qualifying person. new text end 124.32     new text begin Subd. 1d. new text end new text begin Required information. new text end new text begin (a) Each licensee or applicant for licensure shall new text end 124.33 new text begin provide to the commissioner a current street address and telephone number where the new text end 124.34 new text begin licensee resides, and a street address and telephone number where the licensee's business new text end 124.35 new text begin is physically located. A post office box address is not sufficient to satisfy this requirement. new text end 125.1 new text begin Each licensee or applicant for licensure must notify the commissioner in writing of any new text end 125.2 new text begin change in the required information within 15 days of the change. new text end 125.3     new text begin (b) Each licensee or applicant for licensure must notify the commissioner in writing new text end 125.4 new text begin upon any change in control, ownership, officers or directors, personal name, business new text end 125.5 new text begin name, license name, or qualifying person, within 15 days of the change. new text end 125.6     new text begin (c) Each licensee or applicant for licensure must notify the commissioner in writing if new text end 125.7 new text begin the licensee or applicant for licensure is found to be a judgment debtor based upon conduct new text end 125.8 new text begin requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding. new text end 125.9     new text begin (d) Each licensee or applicant for licensure must notify the commissioner in writing new text end 125.10 new text begin within 15 days of filing a petition for bankruptcy. new text end 125.11     new text begin (e) Each licensee or applicant for licensure must notify the commissioner in writing new text end 125.12 new text begin within ten days if the licensee or applicant for licensure has been found guilty of a felony, new text end 125.13 new text begin gross misdemeanor, misdemeanor, or any comparable offense related to residential new text end 125.14 new text begin contracting, including convictions of fraud, misrepresentation, misuse of funds, theft, new text end 125.15 new text begin criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this new text end 125.16 new text begin or any other state or any other United States jurisdiction. new text end 125.17    Subd. 3. Exemptions. The license requirement does not apply to: 125.18    (1) an employee of a licensee performing work for the licensee; 125.19    (2) a material person, manufacturer, or retailer furnishing finished products, 125.20materials, or articles of merchandise who does not install or attach the items; 125.21    (3) an owner or owners of residential real estate who build or improve new text begin builds or new text end 125.22 new text begin improves any structure on new text end residential real estate and who do the work themselves or 125.23jointly with the owner's own new text begin , if the building or improving is performed by the owner's new text end 125.24bona fide employees new text begin or by individual owners personally new text end . This exemption does not apply 125.25to a person who engages in a pattern of building or improving real estate for purposes of 125.26resale. Such a pattern is presumed to exist if the person constructs or improves more 125.27than one property within any 24-month period; new text begin an owner who constructs or improves new text end 125.28 new text begin property for purposes of speculation if the building or improving is performed by the new text end 125.29 new text begin owner's bona fide employees or by individual owners personally. A residential building new text end 125.30 new text begin contractor or residential remodeler will be presumed to be building or improving for new text end 125.31 new text begin purposes of speculation if the contractor or remodeler constructs or improves more than new text end 125.32 new text begin one property within any 24-month period. new text end 125.33    (4) an architect or new text begin professional new text end engineer engaging in professional practice as defined 125.34in this chapter new text begin by section 326.02, subdivisions 2 and 3 new text end ; 126.1    (5) a person whose total gross annual receipts from projects regulated under this 126.2section new text begin for performing specialty skills for which licensure would be required under this new text end 126.3 new text begin section new text end do not exceed $15,000; 126.4    (6) a mechanical contractor; 126.5    (7) a plumber, electrician, or other person whose profession is otherwise subject to 126.6statewide licensing, when engaged in the activity which is the subject of new text begin that new text end licensure; 126.7    (8) specialty contractors who provide only one special skill as defined in section 126.8326.83 ; 126.9    (9) a school district, or a technical college governed under chapter 136F; new text begin and new text end 126.10    (10) manufactured housing installers; and 126.11    (11) new text begin (10) new text end Habitat for Humanity and Builders Outreach Foundation, and their 126.12individual volunteers when engaged in activities on their behalf. 126.13    To qualify for the exemption in clause (5), a person must obtain a certificate of 126.14exemption from licensing new text begin licensure new text end from the commissioner. 126.15    A certificate of exemption will be issued upon the applicant's filing with the 126.16commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in 126.17gross annual receipts derived from contracting activities during the calendar year for which 126.18the exemption is requested new text begin performing services which require licensure under this section new text end . 126.19    To renew the exemption in clause (5), the applicant must file an affidavit stating that 126.20the applicant did not exceed $15,000 in gross annual receipts during the past calendar 126.21year, and the applicant does not expect to exceed $15,000 in gross annual receipts during 126.22the calendar year for which the exemption is requested. 126.23    If a person, operating under the exemption in clause (5), exceeds $15,000 in gross 126.24receipts during any calendar year, the person must immediately surrender the exemption 126.25certificate and apply for the appropriate license. The person must remain licensed until 126.26such time as the person's gross annual receipts during a calendar year fall below $15,000. 126.27The person may then apply for this new text begin an new text end exemption for the next calendar year. 126.28    Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read: 126.29326.841 MANUFACTURED HOME INSTALLERS. 126.30     new text begin (a) new text end Manufactured home installers are subject to all of the requirements of sections 126.31326.83 to 326.98, except for the following: 126.32    (1) manufactured home installers are not members of the advisory council under 126.33section ; 127.1    (2) new text begin (1) new text end manufactured home installers are not subject to the continuing education 127.2requirements of section 326.87 new text begin , but are subject to the continuing education requirements new text end 127.3 new text begin established in rules adopted under section 327B.10 new text end ; 127.4    (3) new text begin (2) new text end the examination requirement of section 326.89, subdivision 3, for 127.5manufactured home installers shall be satisfied by successful completion of a written 127.6examination designed new text begin administered and developed new text end specifically for new text begin the examination of new text end 127.7manufactured home installers. The examination must be designed new text begin administered and new text end 127.8 new text begin developed new text end by the commissioner in conjunction with the state building code division. The 127.9commissioner and State Building Code Division new text begin the state building official new text end shall seek 127.10advice on the grading, monitoring, and updating of examinations from the Minnesota 127.11Manufactured Housing Association; 127.12    (4) the amount of the bond required by section shall be $2,500 for 127.13manufactured home installers; 127.14    (5) new text begin (3) new text end a local government unit may not place a surcharge on a license fee, and 127.15may not charge a separate fee to installers; 127.16    (6) new text begin (4) new text end a dealer or distributor who does not install or repair manufactured homes is 127.17exempt from licensure under sections 326.83 to 326.98; and 127.18    (7) new text begin (5) new text end the exemption under section 326.84, subdivision 3, clause (5), does not 127.19apply. new text begin ; and new text end 127.20     new text begin (6) manufactured home installers are not subject to the contractor recovery fund new text end 127.21 new text begin in section 326.975. new text end 127.22     new text begin (b) The commissioner may waive all or part of the requirements for licensure new text end 127.23 new text begin as a manufactured home installer for any individual who holds an unexpired license or new text end 127.24 new text begin certificate issued by any other state or other United States jurisdiction if the licensing new text end 127.25 new text begin requirements of that jurisdiction meet or exceed the corresponding licensing requirements new text end 127.26 new text begin of the department. new text end 127.27    Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read: 127.28326.842 new text begin RESIDENTIAL new text end ROOFERS. 127.29     new text begin Residential new text end roofers are subject to all of the requirements of sections 326.83 to 326.98 127.30and , except the recovery fund in section 326.975. 127.31    Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read: 127.32326.86 FEES. 127.33    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to 127.34sections 326.83 to is $100 per year. 128.1    Subd. 2. Local surcharge. A local government unit may place a surcharge in an 128.2amount no greater than $5 on each new text begin land use, zoning, or new text end building permit that requires a 128.3licensed residential building contractor, residential remodeler, or specialty contractor new text begin new text end 128.4 new text begin residential roofer, or manufactured home installer new text end for the purpose of license verification. 128.5The local government may verify a license by telephone or new text begin , new text end facsimile machine new text begin or new text end 128.6 new text begin electronic communication. A local government unit shall not issue a land use, zoning, or new text end 128.7 new text begin building permit unless the required license has been verified and is current new text end . 128.8 new text begin EFFECTIVE DATE. new text end new text begin The amendments to subdivision 1 are effective July 1, 2007. new text end 128.9 new text begin The amendments to subdivision 2 are effective December 1, 2007. new text end 128.10    Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read: 128.11326.87 CONTINUING EDUCATION. 128.12    Subdivision 1. Standards. The commissioner, in consultation with the council, may new text begin new text end 128.13 new text begin by rule new text end adopt standards for continuing education requirements and course new text begin and instructor new text end 128.14approval. The standards must include requirements for continuing education in the 128.15implementation of energy codes applicable to buildings and other building codes designed 128.16to conserve energy. Except for the course content, the standards must be consistent 128.17with the standards established for real estate agents and other professions licensed by 128.18the Department of Commerce. At a minimum, the content of one hour of any required 128.19continuing education must contain information on lead abatement rules and safe lead 128.20abatement procedures. 128.21    Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion 128.22of seven hours of continuing education per year new text begin in the regulated industry in which the new text end 128.23 new text begin licensee is licensed new text end . To the extent the commissioner considers it appropriate, courses or 128.24parts of courses may be considered to satisfy both continuing education requirements 128.25under this section and continuing real estate education requirements. 128.26     new text begin Credit may not be earned if the licensee has previously obtained credit for the same new text end 128.27 new text begin course as either a student or instructor during the same licensing period. new text end 128.28    Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that 128.29continuing education courses are offered throughout the state and are easily accessible 128.30to all licensees. 128.31    Subd. 4. Renewal of accreditation new text begin approval new text end . The commissioner is authorized to 128.32establish a procedure for renewal of course accreditation new text begin approval new text end . 128.33     new text begin Subd. 5. new text end new text begin Content. new text end new text begin (a) Continuing education consists of approved courses that new text end 128.34 new text begin impart appropriate and related knowledge in the regulated industries pursuant to sections new text end 129.1 new text begin 326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related new text end 129.2 new text begin knowledge is upon the person seeking approval or credit. new text end 129.3     new text begin (b) Course examinations will not be required for continuing education courses new text end 129.4 new text begin unless they are required by the sponsor. new text end 129.5     new text begin (c) Textbooks are not required to be used for continuing education courses. If new text end 129.6 new text begin textbooks are not used, the coordinator must provide students with a syllabus containing, new text end 129.7 new text begin at a minimum, the course title, the times and dates of the course offering, the names and new text end 129.8 new text begin addresses or telephone numbers of the course coordinator and instructor, and a detailed new text end 129.9 new text begin outline of the subject materials to be covered. Any written or printed material given to new text end 129.10 new text begin students must be of readable quality and contain accurate and current information. new text end 129.11     new text begin (d) Upon completion of an approved course, licensees shall earn one hour of new text end 129.12 new text begin continuing education credit for each hour approved by the commissioner. Each continuing new text end 129.13 new text begin education course must be attended in its entirety in order to receive credit for the number new text end 129.14 new text begin of approved hours. Courses may be approved for full or partial credit, and for more than new text end 129.15 new text begin one regulated industry. new text end 129.16     new text begin Continuing education credit in an approved course shall be awarded to presenting new text end 129.17 new text begin instructors on the basis of one credit for each hour of preparation for the initial presentation, new text end 129.18 new text begin which may not exceed three hours total credit for each approved course. Continuing new text end 129.19 new text begin education credit may not be earned if the licensee has previously obtained credit for the new text end 129.20 new text begin same course as a licensee or as an instructor within the three years immediately prior. new text end 129.21     new text begin (e) The following courses will not be approved for credit: new text end 129.22     new text begin (1) courses designed solely to prepare students for a license examination; new text end 129.23     new text begin (2) courses in mechanical office or business skills, including typing, speed reading, new text end 129.24 new text begin or other machines or equipment. Computer courses are allowed, if appropriate and related new text end 129.25 new text begin to the regulated industry of the licensee; new text end 129.26     new text begin (3) courses in sales promotion, including meetings held in conjunction with the new text end 129.27 new text begin general business of the licensee; new text end 129.28     new text begin (4) courses in motivation, salesmanship, psychology, time management, or new text end 129.29 new text begin communication; or new text end 129.30     new text begin (5) courses that are primarily intended to impart knowledge of specific products of new text end 129.31 new text begin specific companies, if the use of the product or products relates to the sales promotion or new text end 129.32 new text begin marketing of one or more of the products discussed. new text end 129.33     new text begin Subd. 6. new text end new text begin Course approval. new text end new text begin (a) Courses must be approved by the commissioner new text end 129.34 new text begin in advance and will be approved on the basis of the applicant's compliance with the new text end 129.35 new text begin provisions of this section relating to continuing education in the regulated industries. The new text end 130.1 new text begin commissioner shall make the final determination as to the approval and assignment of new text end 130.2 new text begin credit hours for courses. Courses must be at least one hour in length. new text end 130.3     new text begin Individuals requesting credit for continuing education courses that have not new text end 130.4 new text begin been previously approved shall, on a form prescribed by the commissioner, submit an new text end 130.5 new text begin application for approval of continuing education credit accompanied by a nonrefundable new text end 130.6 new text begin fee of $10 for each course to be reviewed. To be approved, courses must be in compliance new text end 130.7 new text begin with the provisions of this section governing the types of courses that will and will not new text end 130.8 new text begin be approved. new text end 130.9     new text begin Approval will not be granted for time spent on meals or other unrelated activities. new text end 130.10 new text begin Breaks may not be accumulated in order to dismiss the class early. Classes shall not be new text end 130.11 new text begin offered by a provider to any one student for longer than eight hours in one day, excluding new text end 130.12 new text begin meal breaks. new text end 130.13     new text begin (b) Application for course approval must be submitted 30 days before the course new text end 130.14 new text begin offering. new text end 130.15     new text begin (c) Approval must be granted for a subsequent offering of identical continuing new text end 130.16 new text begin education courses without requiring a new application if a notice of the subsequent new text end 130.17 new text begin offering is filed with the commissioner at least 30 days in advance of the date the course is new text end 130.18 new text begin to be held. The commissioner shall deny future offerings of courses if they are found not new text end 130.19 new text begin to be in compliance with the laws relating to course approval. new text end 130.20     new text begin Subd. 7. new text end new text begin Courses open to all. new text end new text begin All course offerings must be open to any interested new text end 130.21 new text begin individuals. Access may be restricted by the sponsor based on class size only. Courses new text end 130.22 new text begin must not be approved if attendance is restricted to any particular group of people, except new text end 130.23 new text begin for company-sponsored courses allowed by applicable law. new text end 130.24     new text begin Subd. 8. new text end new text begin Course coordinator. new text end new text begin (a) Each course of study shall have at least one new text end 130.25 new text begin coordinator, approved by the commissioner, who is responsible for supervising the new text end 130.26 new text begin program and ensuring compliance with all relevant law. Sponsors may engage an new text end 130.27 new text begin additional approved coordinator in order to assist the coordinator or to act as a substitute new text end 130.28 new text begin for the coordinator in the event of an emergency or illness. new text end 130.29     new text begin (b) The commissioner shall approve as a coordinator a person meeting one or more new text end 130.30 new text begin of the following criteria: new text end 130.31     new text begin (1) at least three years of full-time experience in the administration of an education new text end 130.32 new text begin program during the five-year period immediately before the date of application; new text end 130.33     new text begin (2) a degree in education plus two years' experience during the immediately new text end 130.34 new text begin preceding five-year period in one of the regulated industries for which courses are being new text end 130.35 new text begin approved; or new text end 131.1     new text begin (3) a minimum of five years' experience within the previous six years in the regulated new text end 131.2 new text begin industry for which courses are held. new text end 131.3     new text begin Subd. 9. new text end new text begin Responsibilities. new text end new text begin A coordinator is responsible for: new text end 131.4     new text begin (1) ensuring compliance with all laws and rules relating to continuing educational new text end 131.5 new text begin offerings governed by the commissioner; new text end 131.6     new text begin (2) ensuring that students are provided with current and accurate information relating new text end 131.7 new text begin to the laws and rules governing their licensed activity; new text end 131.8     new text begin (3) supervising and evaluating courses and instructors. Supervision includes new text end 131.9 new text begin ensuring that all areas of the curriculum are addressed without redundancy and that new text end 131.10 new text begin continuity is present throughout the entire course; new text end 131.11     new text begin (4) ensuring that instructors are qualified to teach the course offering; new text end 131.12     new text begin (5) furnishing the commissioner, upon request, with copies of course and instructor new text end 131.13 new text begin evaluations and qualifications of instructors. Evaluations must be completed by students at new text end 131.14 new text begin the time the course is offered and by coordinators within five days after the course offering; new text end 131.15     new text begin (6) investigating complaints related to course offerings or instructors. A copy of new text end 131.16 new text begin the written complaint must be sent to the commissioner within ten days of receipt of new text end 131.17 new text begin the complaint and a copy of the complaint resolution must be sent not more than ten new text end 131.18 new text begin days after resolution is reached; new text end 131.19     new text begin (7) maintaining accurate records relating to course offerings, instructors, tests new text end 131.20 new text begin taken by students if required, and student attendance for a period of three years from the new text end 131.21 new text begin date on which the course was completed. These records must be made available to the new text end 131.22 new text begin commissioner upon request. In the event that a sponsor ceases operation for any reason, new text end 131.23 new text begin the coordinator is responsible for maintaining the records or providing a custodian for the new text end 131.24 new text begin records acceptable to the commissioner. The coordinator must notify the commissioner new text end 131.25 new text begin of the name and address of that person. In order to be acceptable to the commissioner, new text end 131.26 new text begin custodians must agree to make copies of acknowledgments available to students at a new text end 131.27 new text begin reasonable fee. Under no circumstances will the commissioner act as custodian of the new text end 131.28 new text begin records; new text end 131.29     new text begin (8) ensuring that the coordinator is available to instructors and students throughout new text end 131.30 new text begin course offerings and providing to the students and instructor the name of the coordinator new text end 131.31 new text begin and a telephone number at which the coordinator can be reached; new text end 131.32     new text begin (9) attending workshops or instructional programs as reasonably required by the new text end 131.33 new text begin commissioner; new text end 131.34     new text begin (10) providing course completion certificates within ten days of, but not before, new text end 131.35 new text begin completion of the entire course. Course completion certificates must be completed in new text end 131.36 new text begin their entirety. Course completion certificates must contain the following statement: "If new text end 132.1 new text begin you have any comments about this course offering, please mail them to the Minnesota new text end 132.2 new text begin Department of Labor and Industry." The current address of the department must be new text end 132.3 new text begin included. A coordinator may require payment of the course tuition as a condition for new text end 132.4 new text begin receiving the course completion certificate; and new text end 132.5     new text begin (11) notifying the commissioner in writing within ten days of any change in the new text end 132.6 new text begin information in an application for approval on file with the commissioner. new text end 132.7     new text begin Subd. 10. new text end new text begin Instructors. new text end new text begin (a) Each continuing education course shall have an instructor new text end 132.8 new text begin who is qualified by education, training, or experience to ensure competent instruction. new text end 132.9 new text begin Failure to have only qualified instructors teach at an approved course offering will result new text end 132.10 new text begin in loss of course approval. Coordinators are responsible to ensure that an instructor is new text end 132.11 new text begin qualified to teach the course offering. new text end 132.12     new text begin (b) Qualified continuing education instructors must have one of the following new text end 132.13 new text begin qualifications: new text end 132.14     new text begin (1) a four-year degree in any area plus two years' practical experience in the subject new text end 132.15 new text begin area being taught; new text end 132.16     new text begin (2) five years' practical experience in the subject area being taught; or new text end 132.17     new text begin (3) a college or graduate degree in the subject area being taught. new text end 132.18     new text begin (c) Approved instructors are responsible for: new text end 132.19     new text begin (1) compliance with all laws and rules relating to continuing education; new text end 132.20     new text begin (2) providing students with current and accurate information; new text end 132.21     new text begin (3) maintaining an atmosphere conducive to learning in the classroom; new text end 132.22     new text begin (4) verifying attendance of students, and certifying course completion; new text end 132.23     new text begin (5) providing assistance to students and responding to questions relating to course new text end 132.24 new text begin materials; and new text end 132.25     new text begin (6) attending the workshops or instructional programs that are required by the new text end 132.26 new text begin commissioner. new text end 132.27     new text begin Subd. 11. new text end new text begin Prohibited practices for coordinators and instructors. new text end new text begin (a) In new text end 132.28 new text begin connection with an approved continuing education course, coordinators and instructors new text end 132.29 new text begin shall not: new text end 132.30     new text begin (1) recommend or promote the services or practices of a particular business; new text end 132.31     new text begin (2) encourage or recruit individuals to engage the services of, or become associated new text end 132.32 new text begin with, a particular business; new text end 132.33     new text begin (3) use materials, clothing, or other evidences of affiliation with a particular entity; new text end 132.34     new text begin (4) require students to participate in other programs or services offered by the new text end 132.35 new text begin instructor, coordinator, or sponsor; new text end 133.1     new text begin (5) attempt, either directly or indirectly, to discover questions or answers on an new text end 133.2 new text begin examination for a license; new text end 133.3     new text begin (6) disseminate to any other person specific questions, problems, or information new text end 133.4 new text begin known or believed to be included in licensing examinations; new text end 133.5     new text begin (7) misrepresent any information submitted to the commissioner; new text end 133.6     new text begin (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in new text end 133.7 new text begin the course outline approved by the commissioner during the approved instruction; or new text end 133.8     new text begin (9) issue inaccurate course completion certificates. new text end 133.9     new text begin (b) Coordinators shall notify the commissioner within ten days of a felony or new text end 133.10 new text begin gross misdemeanor conviction or of disciplinary action taken against an occupational or new text end 133.11 new text begin professional license held by the coordinator or an instructor teaching an approved course. new text end 133.12 new text begin The notification shall be grounds for the commissioner to withdraw the approval of the new text end 133.13 new text begin coordinator and to disallow the use of the instructor. new text end 133.14     new text begin Subd. 12. new text end new text begin Fees. new text end new text begin Fees for an approved course of study and related materials must new text end 133.15 new text begin be clearly identified to students. In the event that a course is canceled for any reason, all new text end 133.16 new text begin fees must be returned within 15 days from the date of cancellation. In the event that a new text end 133.17 new text begin course is postponed for any reason, students shall be given the choice of attending the new text end 133.18 new text begin course at a later date or having their fees refunded in full within 15 days from the date new text end 133.19 new text begin of postponement. If a student is unable to attend a course or cancels the registration in a new text end 133.20 new text begin course, sponsor policies regarding refunds shall govern. new text end 133.21     new text begin Subd. 13. new text end new text begin Facilities. new text end new text begin Each course of study must be conducted in a classroom new text end 133.22 new text begin or other facility that is adequate to comfortably accommodate the instructors and the new text end 133.23 new text begin number of students enrolled. The sponsor may limit the number of students enrolled in a new text end 133.24 new text begin course. Approved courses may be held on the premises of a company doing business in new text end 133.25 new text begin the regulated area only when the company is sponsoring the course offering, or where new text end 133.26 new text begin product application is appropriate and related. new text end 133.27     new text begin Subd. 14. new text end new text begin Supplementary materials. new text end new text begin An adequate supply of supplementary new text end 133.28 new text begin materials to be used or distributed in connection with an approved course must be available new text end 133.29 new text begin at the time and place of the course offering in order to ensure that each student receives all new text end 133.30 new text begin of the necessary materials. Outlines and any other materials that are reproduced must be new text end 133.31 new text begin of readable quality. new text end 133.32     new text begin Subd. 15. new text end new text begin Advertising courses. new text end new text begin (a) Paragraphs (b) to (g) govern the advertising new text end 133.33 new text begin of continuing education courses. new text end 133.34     new text begin (b) Advertising must be truthful and not deceptive or misleading. Courses may not new text end 133.35 new text begin be advertised in any manner as approved unless approval has been granted in writing by new text end 133.36 new text begin the commissioner. new text end 134.1     new text begin (c) No advertisement, pamphlet, circular, or other similar materials pertaining to new text end 134.2 new text begin an approved offering may be circulated or distributed in this state, unless the following new text end 134.3 new text begin statement is prominently displayed: new text end 134.4     new text begin "This course has been approved by the Minnesota Department of Labor and Industry new text end 134.5 new text begin for ....... (approved number of hours) hours for continuing ....... (relevant industry) new text end 134.6 new text begin education." new text end 134.7     new text begin (d) Advertising of approved courses must be clearly distinguishable from the new text end 134.8 new text begin advertisement of other nonapproved courses and services. new text end 134.9     new text begin (e) Continuing education courses may not be advertised before approval unless the new text end 134.10 new text begin course is described in the advertising as "approval pending" and an application for approval new text end 134.11 new text begin has been timely submitted to the commissioner and a denial has not been received. new text end 134.12     new text begin (f) The number of hours for which a course has been approved must be prominently new text end 134.13 new text begin displayed on an advertisement for the course. If the course offering is longer than the new text end 134.14 new text begin number of hours of credit to be given, it must be clear that credit is not earned for the new text end 134.15 new text begin entire course. new text end 134.16     new text begin (g) The course approval number must not be included in any advertisement. new text end 134.17     new text begin Subd. 16. new text end new text begin Notice to students. new text end new text begin At the beginning of each approved offering, the new text end 134.18 new text begin following notice must be handed out in printed form or must be read to students: new text end 134.19     new text begin "This educational offering is recognized by the Minnesota Department of Labor and new text end 134.20 new text begin Industry as satisfying ....... (insert number of hours approved) hours of credit toward new text end 134.21 new text begin continuing ....... (insert appropriate industry) education requirements." new text end 134.22     new text begin Subd. 17. new text end new text begin Audits. new text end new text begin The commissioner reserves the right to audit subject offerings new text end 134.23 new text begin with or without notice to the sponsor. new text end 134.24     new text begin Subd. 18. new text end new text begin Falsification of reports. new text end new text begin A licensee, its qualified person, or an applicant new text end 134.25 new text begin found to have falsified an education report to the commissioner shall be considered to new text end 134.26 new text begin have violated the laws relating to the industry for which the person has a license and new text end 134.27 new text begin shall be subject to censure, limitation, condition, suspension, or revocation of the license new text end 134.28 new text begin or denial of the application for licensure. new text end 134.29     new text begin The commissioner reserves the right to audit a licensee's continuing education new text end 134.30 new text begin records. new text end 134.31     new text begin Subd. 19. new text end new text begin Waivers and extensions. new text end new text begin If a licensee provides documentation to the new text end 134.32 new text begin commissioner that the licensee or its qualifying person is unable, and will continue to be new text end 134.33 new text begin unable, to attend actual classroom course work because of a physical disability, medical new text end 134.34 new text begin condition, or similar reason, attendance at continuing education courses shall be waived new text end 134.35 new text begin for a period not to exceed one year. The commissioner shall require that the licensee or new text end 134.36 new text begin its qualifying person satisfactorily complete a self-study program to include reading a new text end 135.1 new text begin sufficient number of textbooks, or listening to a sufficient number of tapes, related to the new text end 135.2 new text begin regulated industry, as would be necessary for the licensee to satisfy continuing educational new text end 135.3 new text begin credit hour needs. The commissioner shall award the licensee credit hours for a self-study new text end 135.4 new text begin program by determining how many credit hours would be granted to a classroom course new text end 135.5 new text begin involving the same material and giving the licensee the same number of credit hours under new text end 135.6 new text begin this part. The licensee may apply each year for a new waiver upon the same terms and new text end 135.7 new text begin conditions as were necessary to secure the original waiver, and must demonstrate that in new text end 135.8 new text begin subsequent years, the licensee was unable to complete actual classroom course work. new text end 135.9 new text begin The commissioner may request documentation of the condition upon which the request new text end 135.10 new text begin for waiver is based as is necessary to satisfy the commissioner of the existence of the new text end 135.11 new text begin condition and that the condition does preclude attendance at continuing education courses. new text end 135.12     new text begin Upon written proof demonstrating a medical hardship, the commissioner shall new text end 135.13 new text begin extend, for up to 90 days, the time period during which the continuing education must be new text end 135.14 new text begin successfully completed. Loss of income from either attendance at courses or cancellation new text end 135.15 new text begin of a license is not a bona fide financial hardship. Requests for extensions must be new text end 135.16 new text begin submitted to the commissioner in writing no later than 60 days before the education is new text end 135.17 new text begin due and must include an explanation with verification of the hardship, plus verification of new text end 135.18 new text begin enrollment at an approved course of study on or before the extension period expires. new text end 135.19     new text begin Subd. 20. new text end new text begin Reporting requirements. new text end new text begin Required continuing education must be new text end 135.20 new text begin reported in a manner prescribed by the commissioner. Licensees are responsible for new text end 135.21 new text begin maintaining copies of course completion certificates. new text end 135.22     new text begin Subd. 21. new text end new text begin Residential building contractor, residential remodeler, and residential new text end 135.23 new text begin roofer education. new text end new text begin (a) Each licensee must, during the licensee's first complete continuing new text end 135.24 new text begin education reporting period, complete and report one hour of continuing education relating new text end 135.25 new text begin to lead abatement rules in safe lead abatement procedures. new text end 135.26     new text begin (b) Each licensee must, during each continuing education reporting period, complete new text end 135.27 new text begin and report one hour of continuing education relating to energy codes for buildings and new text end 135.28 new text begin other building codes designed to conserve energy. new text end 135.29     new text begin Subd. 22. new text end new text begin Continuing education approval. new text end new text begin (a) Continuing education courses must new text end 135.30 new text begin be approved in advance by the commissioner of labor and industry. "Sponsor" means any new text end 135.31 new text begin person or entity offering approved education. new text end 135.32     new text begin (b) For coordinators with an initial approval date before August 1, 2005, approval new text end 135.33 new text begin will expire on December 31, 2005. For courses with an initial approval date on or before new text end 135.34 new text begin December 31, 2000, approval will expire on April 30, 2006. For courses with an initial new text end 135.35 new text begin approval date after January 1, 2001, but before August 1, 2005, approval will expire new text end 135.36 new text begin on April 30, 2007. new text end 136.1     new text begin Subd. 23. new text end new text begin Continuing education fees. new text end new text begin The following fees shall be paid to the new text end 136.2 new text begin commissioner: new text end 136.3     new text begin (1) initial course approval, $10 for each hour or faction of one hour of continuing new text end 136.4 new text begin education course approval sought. Initial course approval expires on the last day of the new text end 136.5 new text begin 24th month after the course is approved; new text end 136.6     new text begin (2) renewal of course approval, $10 per course. Renewal of course approval expires new text end 136.7 new text begin on the last day of the 24th month after the course is renewed; new text end 136.8     new text begin (3) initial coordinator approval, $100. Initial coordinator approval expires on the last new text end 136.9 new text begin day of the 24th month after the coordinator is approved; and new text end 136.10     new text begin (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires new text end 136.11 new text begin on the last day of the 24th month after the coordinator is renewed. new text end 136.12     new text begin Subd. 24. new text end new text begin Refunds. new text end new text begin All fees paid to the commissioner under this section are new text end 136.13 new text begin nonrefundable, except that an overpayment of a fee shall be returned upon proper new text end 136.14 new text begin application. new text end 136.15    Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read: 136.16326.88 LOSS OF QUALIFYING PERSON. 136.17    Upon the departure or disqualification of a licensee's qualifying person because of 136.18death, disability, retirement, position change, or other reason, the licensee must notify 136.19the commissioner within 15 business days. The licensee shall have 120 days from the 136.20departure of the qualifying person to obtain a new qualifying person. Failure to secure a 136.21new qualifying person within 120 days will new text begin , with or without notice, new text end result in the automatic 136.22termination of the license. 136.23    Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read: 136.24326.89 APPLICATION AND EXAMINATION. 136.25    Subdivision 1. Form. An applicant for a license under sections 326.83 to 326.98 136.26must submit an application to the commissioner, under oath new text begin and accompanied by the new text end 136.27 new text begin license fee required by section 326.86 new text end , on a form prescribed by the commissioner. 136.28Within 30 business days of receiving all required information, the commissioner must 136.29act on the license request. If one of the categories in the application does not apply, the 136.30applicant must new text begin identify the category and new text end state the reason new text begin the category does not apply new text end . The 136.31commissioner may refuse to issue a license if the application is not complete or contains 136.32unsatisfactory information. 136.33    Subd. 2. Contents. The new text begin Each new text end application must include the following information 136.34regarding the applicant: 137.1    (1) Minnesota workers' compensation insurance certificate; 137.2    (2) employment insurance account number; 137.3    (3) certificate of liability insurance; 137.4    (4) type of license requested; 137.5    (5) name and new text begin , current new text end address of the applicant: new text begin , and telephone number where the new text end 137.6 new text begin applicant resides; new text end 137.7    (i) new text begin (6) new text end name and address of the applicant's qualifying person, if other than applicant; 137.8and 137.9    (ii) new text begin (7) new text end if the applicant is a sole proprietorship, the name and address of the sole 137.10proprietor; if the applicant is a partnership, the name and address of each partner; if the 137.11applicant is a limited liability company, the name and address of each governor and 137.12manager; if the applicant is a corporation, the name and address of each of the corporate 137.13officers, directors, and all shareholders holding more than ten percent of the outstanding 137.14stock in the corporation; 137.15     new text begin (8) name and address of the applicant's agent in this state authorized to receive new text end 137.16 new text begin service of process, and a consent to service of process as required by section 326.93; new text end 137.17     new text begin (9) current street address and telephone number where the business is physically new text end 137.18 new text begin located; new text end 137.19    (6) new text begin (10) new text end whether the applicant, any employee, or qualifying person has ever been 137.20licensed in this or any other state and has had a professional or vocational license new text begin new text end 137.21 new text begin reprimanded, censured, limited, conditioned, new text end refused, suspended, or revoked, or has been 137.22the subject of any administrative action; 137.23    (7) new text begin (11) new text end whether the applicant, qualifying person, or any of the applicant's corporate 137.24or partnership directors, limited liability company governors, officers, limited or general 137.25partners, managers, all shareholders holding more than ten percent of the share of the 137.26corporation that have been issued, or all members holding more than ten percent of the 137.27voting power of the membership interests that have been issued, has been convicted 137.28of a crime that either related directly to the business for which the license is sought or 137.29involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil 137.30action involving fraud, misrepresentation, new text begin construction defect, new text end negligence, or breach 137.31of contract, or conversion new text begin of funds new text end within the ten years prior to the submission of the 137.32application; or has had any government license or permit new text begin reprimanded, censured, limited, new text end 137.33 new text begin conditioned, new text end suspended new text begin , new text end or revoked as a result of an action brought by a federal, state, or 137.34local governmental unit or agency in this or any other state; 137.35    (8) new text begin (12) new text end the applicant's and qualifying person's business history for the past five 137.36years and whether the applicant, any new text begin a managing new text end employee, or qualifying person has ever 138.1filed for bankruptcy or protection from creditors or has any unsatisfied judgments against 138.2the applicant, employee, or qualifying person; 138.3    (9) new text begin (13) new text end where the applicant is a firm, partnership, sole proprietorship, limited 138.4liability company, corporation, or association, whether there has been a sale or transfer of 138.5the business or other change in ownership, control, or name in the last five years and the 138.6details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated, 138.7parent, or related entities, and whether each such entity, or its owners, officers, directors, 138.8members or shareholders holding more than ten percent of the stock, or an employee has 138.9ever taken or been subject to an action that is subject to clause (6), (7), or (8) new text begin (10), (11), new text end 138.10 new text begin or (12) new text end in the last ten years; and 138.11    (10) new text begin (14) new text end whether the qualifying person is the qualifying person for more than one 138.12licensee. 138.13    For purposes of this subdivision, "applicant" includes employees who exercise 138.14management or policy control over the residential contracting and remodeling new text begin , residential new text end 138.15 new text begin remodeling, residential roofing, or manufactured home installation new text end activities in the state 138.16of Minnesota, including affiliates, partners, directors, governors, officers, limited or 138.17general partners, managers, all shareholders holding more than ten percent of the shares 138.18that have been issued, a shareholder holding more than ten percent of the voting power 138.19of the shares that have been issued, or all members holding more than ten percent of the 138.20membership interests that have been issued or more than ten percent of the voting power 138.21of the membership interests that have been issued. 138.22    The commissioner may require further information as the commissioner deems 138.23appropriate to administer the provisions and further the purposes of this chapter. 138.24    Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a 138.25written examination for the type of license requested. The commissioner may establish 138.26the examination qualifications, including related education experience and education, the 138.27examination procedure, and the examination for each licensing group. The examination 138.28must include at a minimum the following areas: 138.29    (1) appropriate knowledge of technical terms commonly used and the knowledge of 138.30reference materials and code books to be used for technical information; and 138.31    (2) understanding of the general principles of business management and other 138.32pertinent state laws. 138.33    (b) Each examination must be designed for the specified type of license requested. 138.34The council shall advise the commissioner on the grading, monitoring, and updating of 138.35examinations. 139.1    (c) A person's new text begin An individual's new text end passing examination results expire two years from 139.2the examination date. A person new text begin An individual new text end who passes the examination but does not 139.3choose to apply to act as a qualifying person for a licensee within two years from the 139.4examination date, must, upon application provide: 139.5    (1) passing examination results within two years from the date of application; or 139.6    (2) proof that the person has fulfilled the continuing education requirements in 139.7section 326.87 in the manner required for a qualifying person of a licensee for each license 139.8period after the expiration of the examination results. 139.9    Subd. 4. Competency skills. The commissioner shall, in consultation with the 139.10council, determine the competency skills and installation knowledge required for the 139.11licensing of specialty contractors. 139.12    Subd. 5. Exemption. A general retailer whose primary business is not being a 139.13residential building contractor, new text begin residential new text end remodeler, or specialty contractor new text begin residential new text end 139.14 new text begin roofer, or manufactured home installer, new text end and who has completed a comparable license 139.15examination new text begin meeting or exceeding Minnesota's examination requirements new text end in another state 139.16is exempt from subdivisions new text begin subdivision new text end 3 and 4 and sections 326.87 and 326.88. 139.17    Subd. 6. Additional licensing requirements. As an alternative to denying an 139.18application for licensure pursuant to section 326.91, subdivision 1, the commissioner 139.19may, as a condition of licensure and based upon information received pursuant to 139.20section 326.89, subdivision 2, clauses (6) to (8), or a finding pursuant to section 326.91, 139.21subdivision 1 , clauses (1) to (9), impose additional insurance, bonding, reporting, record 139.22keeping, and other requirements on the applicant as are reasonable to protect the public. 139.23     new text begin Subd. 7. new text end new text begin License. new text end new text begin A nonresident of Minnesota may be licensed as a residential new text end 139.24 new text begin building contractor, residential remodeler, residential roofer, or manufactured home new text end 139.25 new text begin installer upon compliance with all the provisions of sections 326.83 to 326.98. new text end 139.26    Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read: 139.27    Subdivision 1. Local license prohibited. Except as provided in sections 326.90, 139.28subdivision 2 , and , a political subdivision may not require a person licensed 139.29under sections 326.83 to to also be licensed or pay a registration or other 139.30fee related to licensure under any ordinance, law, rule, or regulation of the political 139.31subdivision. This section does not prohibit charges for building permits or other charges 139.32not directly related to licensure. 139.33    Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read: 140.1    Subdivision 1. Cause new text begin Grounds new text end . The commissioner may by order deny, suspend, or 140.2revoke any license or may censure a licensee, and may impose a civil penalty as provided 140.3for in section 45.027, subdivision 6, if the commissioner finds that the order is in the 140.4public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or 140.5other agent, owner, partner, director, governor, shareholder, member, officer, qualifying 140.6person, or managing employee of the applicant or licensee or any person occupying a 140.7similar status or performing similar functions: new text begin In addition to the grounds set forth in new text end 140.8 new text begin section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place new text end 140.9 new text begin conditions on, or revoke a license or certificate of exemption, or may censure the person new text end 140.10 new text begin holding the license or certificate of exemption, if the applicant, licensee, certificate of new text end 140.11 new text begin exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of new text end 140.12 new text begin exemption holder, or other agent owner has: new text end 140.13    (1) has filed an application for a license new text begin licensure or a certificate of exemption new text end 140.14which is incomplete in any material respect or contains any statement which, in light 140.15of the circumstances under which it is made, is false or misleading with respect to any 140.16material fact; 140.17    (2) has engaged in a fraudulent, deceptive, or dishonest practice; 140.18    (3) is permanently or temporarily enjoined by any court of competent jurisdiction 140.19from engaging in or continuing any conduct or practice involving any aspect of the 140.20business; 140.21    (4) has failed to reasonably supervise employees, agents, subcontractors, or 140.22salespersons, or has performed negligently or in breach of contract, so as to cause injury 140.23or harm to the public; 140.24    (5) has violated or failed to comply with any provision of sections 326.83 to 326.98 140.25or new text begin , new text end any rule or order under sections 326.83 to 326.98 new text begin or any other law, rule, or order related new text end 140.26 new text begin to the duties and responsibilities entrusted to the commissioner new text end ; 140.27    (6) has been shown to be incompetent, untrustworthy, or financially irresponsible; 140.28    (7) new text begin (6) new text end has been convicted of a violation of the State Building Code or, in 140.29jurisdictions that do not enforce the State Building Code, has refused to new text begin comply with new text end 140.30 new text begin a notice of violation or stop order issued by a certified building official, or in local new text end 140.31 new text begin jurisdictions that have not adopted the State Building Code has refused to new text end correct a 140.32violation of the State Building Code when the violation has been certified new text begin documented new text end 140.33 new text begin or a notice of violation or stop order issued new text end by a Minnesota licensed structural engineer new text begin new text end 140.34 new text begin certified building official has been received new text end ; 140.35    (8) new text begin (7) new text end has failed to use the proceeds of any payment made to the licensee for the 140.36construction of, or any improvement to, residential real estate, as defined in section 326.83, 141.1subdivision 17 , for the payment of labor, skill, material, and machinery contributed to the 141.2construction or improvement, knowing that the cost of any labor performed, or skill, 141.3material, or machinery furnished for the improvement remains unpaid; 141.4    (9) new text begin (8) new text end has not furnished to the person making payment either a valid lien waiver as to 141.5any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 141.6or a payment bond in the basic amount of the contract price for the improvement 141.7conditioned for the prompt payment to any person or persons entitled to payment; 141.8    (10) has engaged in conduct which was the basis for a contractor's recovery fund 141.9payment pursuant to section , which payment has not been reimbursed; new text begin (9) has new text end 141.10 new text begin engaged in an act or practice that results in compensation to an aggrieved owner or lessee new text end 141.11 new text begin from the contractor recovery fund pursuant to section 36B.825, unless: new text end 141.12     new text begin (i) the applicant or licensee has repaid the fund twice the amount paid from the fund, new text end 141.13 new text begin plus interest at the rate of 12 percent per year; and new text end 141.14     new text begin (ii) the applicant or licensee has obtained a surety bond in the amount of at least new text end 141.15 new text begin $40,000, issued by an insurer authorized to transact business in this state. new text end 141.16    (11) new text begin (10) new text end has engaged in bad faith, unreasonable delays, or frivolous claims in 141.17defense of a civil lawsuit new text begin or arbitration new text end arising out of their activities as a licensee new text begin or new text end 141.18 new text begin certificate of exemption holder new text end under this chapter; 141.19    (12) new text begin (11) new text end has had a judgment entered against them for failure to make payments to 141.20employees or new text begin , new text end subcontractors, new text begin or suppliers, that the licensee has failed to satisfy new text end and all 141.21appeals of the judgment have been exhausted or the period for appeal has expired; 141.22    (13) new text begin (12) new text end if unlicensed, has obtained a building permit by the fraudulent use of a 141.23fictitious license number or the license number of another, or, if licensed, has knowingly 141.24allowed an unlicensed person to use the licensee's license number for the purpose of 141.25fraudulently obtaining a building permit; or new text begin has applied for or obtained a building permit new text end 141.26 new text begin for an unlicensed person. new text end 141.27    (14) new text begin (13) new text end has made use of new text begin a new text end forged mechanics' new text begin mechanic's new text end lien waivers new text begin waiver new text end under 141.28chapter 514. new text begin ; new text end 141.29     new text begin (14) has provided false, misleading or incomplete information to the commissioner new text end 141.30 new text begin or has refused to allow a reasonable inspection of records or premises; new text end 141.31     new text begin (15) has engaged in an act or practice whether or not the act or practice directly new text end 141.32 new text begin involves the business for which the person is licensed, that demonstrates that the applicant new text end 141.33 new text begin or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or new text end 141.34 new text begin unqualified to act under the license granted by the commissioner; or new text end 142.1     new text begin (16) has failed to comply with requests for information, documents, or other requests new text end 142.2 new text begin from the department within the time specified in the request or, if no time is specified, new text end 142.3 new text begin within 30 days of the mailing of the request by the department. new text end 142.4    Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read: 142.5326.92 PENALTIES. 142.6    Subdivision 1. Misdemeanor. A person required to be licensed under sections 142.7 to who performs unlicensed work is guilty of a misdemeanor. 142.8    Subd. 1a. Gross misdemeanor. A person required to be licensed under sections 142.9 to who violates an order under subdivision 3 new text begin An individual who violates new text end 142.10 new text begin an order of the commissioner or is the manager, officer, or director of a person who new text end 142.11 new text begin violates an order issued by the commissioner new text end is guilty of a gross misdemeanor. 142.12    Subd. 2. Lien rights. An unlicensed person who knowingly violates sections 326.83 142.13to 326.98 has no right to claim a lien under section 514.01 and the lien is void. Nothing 142.14in this section affects the lien rights of material suppliers and licensed contractors to the 142.15extent provided by law. 142.16    Subd. 3. Commissioner action. The commissioner may bring actions, including 142.17cease and desist actions, against any person licensed or required to be licensed under 142.18sections to to protect the public health, safety, and welfare. 142.19    Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read: 142.20326.921 BUILDING PERMIT CONDITIONED ON LICENSURE new text begin ; NOTICE new text end 142.21 new text begin OF PERMIT APPLICATION new text end . 142.22     new text begin Subdivision 1. new text end new text begin Building permit. new text end A political subdivision shall not issue a building 142.23permit to an unlicensed person who is required to be licensed under sections 326.83 to 142.24326.991 new text begin 326.98 new text end . A political subdivision that issues zoning or land use permits in lieu of 142.25a building permit shall not issue those permits to an unlicensed person who is required 142.26to be licensed under sections 326.83 to . The political subdivision shall 142.27report the person applying for the permit to the commissioner who may bring an action 142.28against the person. 142.29     new text begin Subd. 2. new text end new text begin Notice of building permit application. new text end new text begin A political subdivision shall notify new text end 142.30 new text begin the department when an application for building permit involving the construction of new new text end 142.31 new text begin residential real estate has been received from an unlicensed person by submitting a copy new text end 142.32 new text begin of the application to the department within two business days of receipt of the application. new text end 142.33 new text begin The political subdivision may submit a copy of the building permit application by new text end 142.34 new text begin facsimile, United States mail, or electronic communication. new text end 143.1    Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read: 143.2326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING. 143.3    Subdivision 1. License. A nonresident of Minnesota may be licensed as a residential 143.4building contractor or residential remodeler upon compliance with all the provisions of 143.5sections to . 143.6    Subd. 2. Service of process. Service of process upon a person performing work in 143.7the state of a type that would require a license under sections to may be 143.8made as provided in section . 143.9     new text begin Subd. 3. new text end new text begin Procedure. new text end new text begin Every applicant for licensure or certificate of exemption new text end 143.10 new text begin under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the new text end 143.11 new text begin commissioner and successors in office to be the applicant's agent to receive service of any new text end 143.12 new text begin lawful process in any noncriminal suit, action, or proceeding against the applicant or a new text end 143.13 new text begin successor, executor, or administrator which arises under section 326.83 to 326.98 or any new text end 143.14 new text begin rule or order thereunder after the consent has been filed, with the same force and validity new text end 143.15 new text begin as if served personally on the person filing the consent. Service under this section shall be new text end 143.16 new text begin made in compliance with subdivision 5. new text end 143.17     new text begin Subd. 4. new text end new text begin Service on commissioner. new text end new text begin (a) When a person, including any nonresident new text end 143.18 new text begin of this state, engages in conduct prohibited or made actionable by sections 326.83 to new text end 143.19 new text begin 326.98, or any rule or order under those sections, and the person has not consented to new text end 143.20 new text begin service of process under subdivision 3, that conduct is equivalent to an appointment of the new text end 143.21 new text begin commissioner and successors in office as the person's agent to receive service of process in new text end 143.22 new text begin any noncriminal suit, action, or proceeding against the person that is based on that conduct new text end 143.23 new text begin and is brought under sections 326.83 to 326.98, or any rule or order under those sections, new text end 143.24 new text begin with the same force and validity as if served personally on the person consenting to the new text end 143.25 new text begin appointment of the commissioner and successors in office. Service under this section shall new text end 143.26 new text begin be made in compliance with subdivision 5. new text end 143.27     new text begin (b) Subdivision 5 applies in all other cases in which a person, including a nonresident new text end 143.28 new text begin of this state, has filed a consent to service of process. This paragraph supersedes any new text end 143.29 new text begin inconsistent provision of law. new text end 143.30     new text begin (c) Subdivision 5 applies in all cases in which service of process is allowed to be new text end 143.31 new text begin made on the commissioner. new text end 143.32     new text begin (d) Subdivision 5 applies to any document served by the commissioner or the new text end 143.33 new text begin department under section 326B.08. new text end 143.34     new text begin Subd. 5. new text end new text begin How made. new text end new text begin Service of process under this section may be made by leaving new text end 143.35 new text begin a copy of the process in the office of the commissioner, or by sending a copy of the process new text end 143.36 new text begin to the commissioner by certified mail, and is not effective unless: new text end 144.1     new text begin (1) the plaintiff, who may be the commissioner in an action or proceeding instituted new text end 144.2 new text begin by the commissioner, sends notice of the service and a copy of the process by certified new text end 144.3 new text begin mail to the defendant or respondent at the last known address; and new text end 144.4     new text begin (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or new text end 144.5 new text begin before the return day of the process, if any, or within further time as the court allows. new text end 144.6    Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read: 144.7326.94 BOND; INSURANCE. 144.8    Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed new text begin new text end 144.9 new text begin residential new text end roofers must post a license new text begin surety new text end bond new text begin in the name of the licensee new text end with the 144.10commissioner, conditioned that the applicant shall faithfully perform the duties and 144.11in all things comply with all laws, ordinances, and rules pertaining to the license or 144.12permit applied for and all contracts entered into. The annual bond must be continuous 144.13and maintained for so long as the licensee remains licensed. The aggregate liability of 144.14the surety on the bond to any and all persons, regardless of the number of claims made 144.15against the bond, may not exceed the amount of the bond. The bond may be canceled as 144.16to future liability by the surety upon 30 days' written notice mailed to the commissioner 144.17by regular mail. 144.18    (b) A licensed new text begin residential new text end roofer must post a bond of at least $5,000 new text begin $15,000 new text end . 144.19     new text begin (c) A licensed manufactured home installer must post a bond of at least $2,500. new text end 144.20     new text begin Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for new text end 144.21 new text begin purposes of sections 8.05 and 16C.05, subdivision 2. new text end 144.22    Subd. 2. Insurance. Licensees must have public liability insurance with limits of at 144.23least $100,000 new text begin $300,000 new text end per occurrence, which must include at least $10,000 property 144.24damage coverage. The insurance must be written by an insurer licensed to do business in 144.25this state. The commissioner may increase the minimum amount of insurance required 144.26for any licensee or class of licensees if the commissioner considers it to be in the public 144.27interest and necessary to protect the interests of Minnesota consumers. 144.28    Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read: 144.29    Subd. 2. Advertising. The license number of a licensee must appear in any 144.30advertising by that licensee including but not limited to signs, vehicles, business cards, 144.31published display ads, flyers, and brochures new text begin , Web sites, and Internet ads new text end . 144.32    Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read: 144.33326.96 PUBLIC EDUCATION. 145.1    The commissioner may develop materials and programs to educate the public 145.2concerning licensing new text begin licensure new text end requirements and methods new text begin . The commissioner may new text end 145.3 new text begin develop materials new text end for reporting unlicensed contracting activity. new text begin The commissioner shall new text end 145.4 new text begin provide information in other languages. new text end 145.5    Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read: 145.6326.97 LICENSE RENEWAL. 145.7    Subdivision 1. Renewal. Licensees new text begin A licensee new text end whose applications have new text begin fully new text end 145.8 new text begin completed renewal application has new text end been properly and timely filed and who have new text begin has new text end 145.9not received new text begin a new text end notice of denial of renewal are new text begin is new text end considered to have been approved for 145.10renewal and may continue to transact business whether or not the renewed license has 145.11been received. Applications are timely if received or postmarked by March 1 of the 145.12renewal year. Applications must be made on a form approved by the commissioner. new text begin new text end 145.13 new text begin An application for renewal that does not contain all of the information requested is an new text end 145.14 new text begin incomplete application and will not be processed. new text end 145.15    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993, 145.16must be renewed annually. 145.17    Subd. 2. Failure to apply new text begin renew new text end . A person who has failed to make a timely 145.18application for renewal of a license by March 31 of the renewal year is unlicensed new text begin at new text end 145.19 new text begin 11:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed new text end until 145.20the new text begin a renewed new text end license has been issued by the commissioner and is received by the applicant. 145.21     new text begin Subd. 3. new text end new text begin Expiration. new text end new text begin All licenses expire at 11:59:59 p.m. central time on March 31 new text end 145.22 new text begin of the renewal year if not properly renewed. new text end 145.23    Sec. 24. new text begin [326B.801] SCOPE. new text end 145.24     new text begin Except as otherwise provided by law, the provisions of sections 326B.801 to new text end 145.25 new text begin 326B.825 apply to residential contractors, residential remodelers, residential roofers, new text end 145.26 new text begin and manufactured home installers. new text end 145.27    Sec. 25. new text begin [326B.809] WRITTEN CONTRACT REQUIRED. new text end 145.28     new text begin (a) All agreements including proposals, estimates, bids, quotations, contracts, new text end 145.29 new text begin purchase orders, and change orders between a licensee and a customer for the performance new text end 145.30 new text begin of a licensee's services must be in writing and must contain the following: new text end 145.31     new text begin (1) a detailed summary of the services to be performed; new text end 145.32     new text begin (2) a description of the specific materials to be used or a list of standard features new text end 145.33 new text begin to be included; and new text end 146.1     new text begin (3) the total contract price or a description of the basis on which the price will new text end 146.2 new text begin be calculated. new text end 146.3     new text begin (b) All agreements shall be signed and dated by the licensee and customer. new text end 146.4     new text begin (c) The licensee shall provide to the customer, at no charge, a signed and dated new text end 146.5 new text begin document at the time that the licensee and customer sign and date the document. new text end 146.6 new text begin Documents include agreements and mechanic's lien waivers. new text end 146.7    Sec. 26. new text begin [326B.814] REHABILITATION OF CRIMINAL OFFENDERS. new text end 146.8     new text begin Chapter 364 does not apply to an applicant for a license or to a licensee where new text end 146.9 new text begin the underlying conduct on which the conviction is based would be grounds for denial, new text end 146.10 new text begin censure, suspension, or revocation of the license. new text end 146.11    Sec. 27. new text begin [326B.82] DEFINITIONS. new text end 146.12     new text begin Subdivision 1. new text end new text begin Words, terms, and phrases. new text end new text begin For the purposes of section 326.87, new text end 146.13 new text begin the terms defined in this section have the meanings given them, unless the context clearly new text end 146.14 new text begin indicates otherwise. new text end 146.15     new text begin Subd. 2. new text end new text begin Appropriate and related knowledge. new text end new text begin "Appropriate and related new text end 146.16 new text begin knowledge" means facts, information, or principles that are clearly relevant to the licensee new text end 146.17 new text begin in performing responsibilities under a license issued by the commissioner. These facts, new text end 146.18 new text begin information, or principles must convey substantive and procedural knowledge as it relates new text end 146.19 new text begin to postlicensing issues and must be relevant to the technical aspects of a particular area new text end 146.20 new text begin of continuing education. new text end 146.21     new text begin Subd. 3. new text end new text begin Classroom hour. new text end new text begin "Classroom hour" means a 50-minute hour. new text end 146.22     new text begin Subd. 4. new text end new text begin Coordinator. new text end new text begin "Coordinator" means an individual who is responsible for new text end 146.23 new text begin monitoring approved educational offerings. new text end 146.24     new text begin Subd. 5. new text end new text begin Instructor. new text end new text begin "Instructor" means an individual lecturing in an approved new text end 146.25 new text begin educational offering. new text end 146.26     new text begin Subd. 6. new text end new text begin Licensee. new text end new text begin "Licensee" means a person licensed by the Minnesota new text end 146.27 new text begin Department of Labor and Industry for whom an examination is required before licensure. new text end 146.28     new text begin Subd. 7. new text end new text begin Medical hardship. new text end new text begin "Medical hardship" includes a documented physical new text end 146.29 new text begin disability or medical condition. new text end 146.30     new text begin Subd. 8. new text end new text begin Overpayment. new text end new text begin "Overpayment" means any payment of money in excess new text end 146.31 new text begin of a statutory fee. new text end 146.32     new text begin Subd. 9. new text end new text begin Regulated industries. new text end new text begin "Regulated industries" means residential new text end 146.33 new text begin contracting, residential remodeling, or residential roofing. Each of these is a regulated new text end 146.34 new text begin industry. new text end 147.1     new text begin Subd. 10. new text end new text begin Sponsor. new text end new text begin "Sponsor" means any person or entity offering or providing new text end 147.2 new text begin approved continuing education. new text end 147.3    Sec. 28. new text begin [326B.89] CONTRACTOR RECOVERY FUND. new text end 147.4     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the following terms new text end 147.5 new text begin have the meanings given them. new text end 147.6     new text begin (b) "Gross annual receipts" means the total amount derived from residential new text end 147.7 new text begin contracting or residential remodeling activities, regardless of where the activities are new text end 147.8 new text begin performed, and must not be reduced by costs of goods sold, expenses, losses, or any new text end 147.9 new text begin other amount. new text end 147.10     new text begin (c) "Licensee" means a person licensed as a residential contractor or residential new text end 147.11 new text begin remodeler. new text end 147.12     new text begin (d) "Residential real estate" means a new or existing building constructed for new text end 147.13 new text begin habitation by one to four families, and includes detached garages. new text end 147.14     new text begin (e) "Fund" means the contractor recovery fund. new text end 147.15     new text begin Subd. 2. new text end new text begin Generally. new text end new text begin The contractor recovery fund is created in the state treasury new text end 147.16 new text begin and shall be administered by the commissioner for the purposes described in this section. new text end 147.17 new text begin Any interest or profit accruing from investment of money in the fund shall be credited new text end 147.18 new text begin to the contractor recovery fund. new text end 147.19     new text begin Subd. 3. new text end new text begin Fund fees. new text end new text begin In addition to any other fees, a person who applies for or new text end 147.20 new text begin renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person new text end 147.21 new text begin shall pay, in addition to the appropriate application or renewal fee, the following additional new text end 147.22 new text begin fee that shall be deposited in the fund. The amount of the fee shall be based on the person's new text end 147.23 new text begin gross annual receipts for the person's most recent fiscal year preceding the application or new text end 147.24 new text begin renewal, on the following scale: new text end 147.25 new text begin Fee new text end new text begin Gross Annual Receipts new text end 147.26 new text begin $160 new text end new text begin under $1,000,000 new text end 147.27 new text begin $210 new text end new text begin $1,000,000 to $5,000,000 new text end 147.28 new text begin $260 new text end new text begin over $5,000,000 new text end 147.29     new text begin Subd. 4. new text end new text begin Purpose of fund. new text end new text begin The purpose of this fund is to: new text end 147.30     new text begin (1) compensate owners or lessees of residential real estate who meet the requirements new text end 147.31 new text begin of this section; new text end 147.32     new text begin (2) reimburse the department for all legal and administrative expenses, new text end 147.33 new text begin disbursements, and costs, including staffing costs, incurred in administering and defending new text end 147.34 new text begin the fund; new text end 148.1     new text begin (3) pay for educational or research projects in the field of residential contracting to new text end 148.2 new text begin further the purposes of sections 326B.801 to 326B.825; and new text end 148.3     new text begin (4) provide information to the public on residential contracting issues. new text end 148.4     new text begin Subd. 5. new text end new text begin Payment limitations. new text end new text begin Except as otherwise provided in this section, new text end 148.5 new text begin the commissioner shall not pay compensation from the fund to an owner or a lessee new text end 148.6 new text begin in an amount greater than $75,000. Except as otherwise provided in this section, the new text end 148.7 new text begin commissioner shall not pay compensation from the fund to owners and lessees in an new text end 148.8 new text begin amount that totals more than $150,000 per licensee. The commissioner shall not pay new text end 148.9 new text begin compensation from the fund for a final judgment based on a cause of action that arose new text end 148.10 new text begin before the commissioner's receipt of the licensee's fee required by subdivision 3. new text end 148.11     new text begin Subd. 6. new text end new text begin Verified application. new text end new text begin To be eligible for compensation from the fund, an new text end 148.12 new text begin owner or lessee shall serve on the commissioner a verified application for compensation new text end 148.13 new text begin on a form approved by the commissioner. The application shall verify the following new text end 148.14 new text begin information: new text end 148.15     new text begin (1) the specific grounds upon which the owner or lessee seeks to recover from new text end 148.16 new text begin the fund: new text end 148.17     new text begin (2) that the owner or the lessee has obtained a final judgment in a court of competent new text end 148.18 new text begin jurisdiction against a licensee licensed under section 326B.803; new text end 148.19     new text begin (3) that the final judgment was obtained against the licensee on the grounds of new text end 148.20 new text begin fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance new text end 148.21 new text begin that arose directly out of a transaction that occurred when the licensee was licensed and new text end 148.22 new text begin performing any of the special skills enumerated under section 326B.802, subdivision 19; new text end 148.23     new text begin (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on new text end 148.24 new text begin the owner's residential real estate, on residential real estate leased by the lessee, or on new new text end 148.25 new text begin residential real estate that has never been occupied or that was occupied by the licensee new text end 148.26 new text begin for less than one year prior to purchase by the owner; new text end 148.27     new text begin (5) that the residential real estate is located in Minnesota; new text end 148.28     new text begin (6) that the owner or the lessee is not the spouse of the licensee or the personal new text end 148.29 new text begin representative of the licensee; new text end 148.30     new text begin (7) the amount of the final judgment, any amount paid in satisfaction of the final new text end 148.31 new text begin judgment, and the amount owing on the final judgment as of the date of the verified new text end 148.32 new text begin application; and new text end 148.33     new text begin (8) that the verified application is being served within two years after the judgment new text end 148.34 new text begin became final. new text end 148.35     new text begin The owner's and the lessee's actual and direct out-of-pocket loss shall not include new text end 148.36 new text begin attorney fees, interest on the loss, and interest on the final judgment obtained as a result of new text end 149.1 new text begin the loss. An owner or lessee may serve a verified application regardless of whether the new text end 149.2 new text begin final judgment has been discharged by a bankruptcy court. A judgment issued by a court is new text end 149.3 new text begin final if all proceedings on the judgment have either been pursued and concluded or been new text end 149.4 new text begin forgone, including all reviews and appeals. For purposes of this section, owners who are new text end 149.5 new text begin joint tenants or tenants in common are deemed to be a single owner. For purposes of this new text end 149.6 new text begin section, owners and lessees eligible for payment of compensation from the fund shall not new text end 149.7 new text begin include government agencies, political subdivisions, financial institutions, and any other new text end 149.8 new text begin entity that purchases, guarantees, or insures a loan secured by real estate. new text end 149.9     new text begin Subd. 7. new text end new text begin Commissioner review. new text end new text begin The commissioner shall within 120 days after new text end 149.10 new text begin receipt of the verified application: new text end 149.11     new text begin (1) enter into an agreement with an owner or a lessee that resolves the verified new text end 149.12 new text begin application for compensation from the fund; or new text end 149.13     new text begin (2) issue an order to the owner or the lessee accepting, modifying, or denying the new text end 149.14 new text begin verified application for compensation from the fund. new text end 149.15     new text begin Upon receipt of an order issued under clause (2), the owner or the lessee shall have new text end 149.16 new text begin 30 days to serve upon the commissioner a written request for a hearing. If the owner or new text end 149.17 new text begin the lessee does not serve upon the commissioner a timely written request for hearing, the new text end 149.18 new text begin order issued under clause (2) shall become a final order of the commissioner that may not new text end 149.19 new text begin be reviewed by any court or agency. The commissioner shall order compensation from new text end 149.20 new text begin the fund only if the owner or the lessee has filed a verified application that complies with new text end 149.21 new text begin subdivision 6 and if the commissioner determines based on review of the application that new text end 149.22 new text begin compensation should be paid from the fund. The commissioner shall not be bound by any new text end 149.23 new text begin prior settlement, compromise, or stipulation between the owner or the lessee and the new text end 149.24 new text begin licensee. new text end 149.25     new text begin Subd. 8. new text end new text begin Administrative hearing. new text end new text begin If an owner or a lessee timely serves a request new text end 149.26 new text begin for hearing under subdivision 7, the commissioner shall request that an administrative law new text end 149.27 new text begin judge be assigned and that a hearing be conducted under the contested case provisions new text end 149.28 new text begin of chapter 14 within 30 days after the service of the request for hearing upon the new text end 149.29 new text begin commissioner. Upon petition of the commissioner, the administrative law judge shall new text end 149.30 new text begin continue the hearing up to 60 days and upon a showing of good cause may continue the new text end 149.31 new text begin hearing for such additional period as the administrative law judge deems appropriate. new text end 149.32 new text begin At the hearing the owner or the lessee shall have the burden of proving by substantial new text end 149.33 new text begin evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue new text end 149.34 new text begin findings of fact, conclusions of law, and order. If the administrative law judge finds that new text end 149.35 new text begin compensation should be paid to the owner or the lessee, the administrative law judge new text end 149.36 new text begin shall order the commissioner to make payment from the fund of the amount it finds to be new text end 150.1 new text begin payable pursuant to the provisions of and in accordance with the limitations contained in new text end 150.2 new text begin this section. The order of the administrative law judge shall constitute the final decision of new text end 150.3 new text begin the agency in the contested case. Judicial review of the administrative law judge's findings new text end 150.4 new text begin of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69. new text end 150.5     new text begin Subd. 9. new text end new text begin Satisfaction of applications for compensation. new text end new text begin The commissioner shall new text end 150.6 new text begin pay compensation from the fund to an owner or a lessee pursuant to the terms of an new text end 150.7 new text begin agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final new text end 150.8 new text begin order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1 new text end 150.9 new text begin of the fiscal year following the fiscal year during which the agreement was entered into or new text end 150.10 new text begin during which the order became final, subject to the limitations of this section. At the end new text end 150.11 new text begin of each fiscal year the commissioner shall calculate the amount of compensation to be new text end 150.12 new text begin paid from the fund pursuant to agreements that have been entered into under subdivision new text end 150.13 new text begin 7, clause (1), and final orders that have been issued under subdivision 7, clause (2), or new text end 150.14 new text begin subdivision 8. If the calculated amount exceeds the amount available for payment, then new text end 150.15 new text begin the commissioner shall allocate the amount available among the owners and the lessees new text end 150.16 new text begin in the ratio that the amount agreed to or ordered to be paid to each owner or lessee new text end 150.17 new text begin bears to the amount calculated. The commissioner shall mail notice of the allocation to new text end 150.18 new text begin all owners and lessees not less than 45 days following the end of the fiscal year. Any new text end 150.19 new text begin compensation paid by the commissioner in accordance with this subdivision shall be new text end 150.20 new text begin deemed to satisfy and extinguish any right to compensation from the fund based upon the new text end 150.21 new text begin verified application of the owner or lessee. new text end 150.22     new text begin Subd. 10. new text end new text begin Right of subrogation. new text end new text begin If the commissioner pays compensation from the new text end 150.23 new text begin fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a new text end 150.24 new text begin final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner new text end 150.25 new text begin shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final new text end 150.26 new text begin judgment in the amount of compensation paid from the fund and the owner or the lessee new text end 150.27 new text begin shall assign to the commissioner all rights, title, and interest in the final judgment in new text end 150.28 new text begin the amount of compensation paid. The commissioner shall deposit in the fund money new text end 150.29 new text begin recovered under this subdivision. new text end 150.30     new text begin Subd. 11. new text end new text begin Effect of section on commissioner's authority. new text end new text begin Nothing contained new text end 150.31 new text begin in this section shall limit the authority of the commissioner to take disciplinary action new text end 150.32 new text begin against a licensee under the provisions of this chapter. A licensee's repayment in full of new text end 150.33 new text begin obligations to the fund shall not nullify or modify the effect of any other disciplinary new text end 150.34 new text begin proceeding brought under the provisions of this chapter. new text end 150.35     new text begin Subd. 12. new text end new text begin Limitation. new text end new text begin Nothing may obligate the fund to compensate: new text end 150.36     new text begin (1) insurers or sureties under subrogation or similar theories; or new text end 151.1     new text begin (2) owner of residential property for final judgments against a prior owner of the new text end 151.2 new text begin residential property unless the claim is brought and judgment is rendered for breach of the new text end 151.3 new text begin statutory warranty set forth in chapter 327A. new text end 151.4     new text begin Subd. 13. new text end new text begin Condominiums or townhouses. new text end new text begin For purposes of this section, the owner new text end 151.5 new text begin or the lessee of a condominium or townhouse is considered an owner or a lessee of new text end 151.6 new text begin residential property regardless of the number of residential units per building. new text end 151.7     new text begin Subd. 14. new text end new text begin Accelerated compensation. new text end new text begin Payments made from the fund to compensate new text end 151.8 new text begin owners and lessees that do not exceed the jurisdiction limits for conciliation court matters new text end 151.9 new text begin as specified in section 491A.01 may be paid on an accelerated basis if all of the following new text end 151.10 new text begin requirements have been satisfied: new text end 151.11     new text begin (a) The owner or the lessee has served upon the commissioner a verified application new text end 151.12 new text begin for compensation that complies with the requirements set out in subdivision 6 and the new text end 151.13 new text begin commissioner determines based on review of the application that compensation should be new text end 151.14 new text begin paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket new text end 151.15 new text begin loss in the transaction, minus attorney fees, interest on the loss and on the judgment new text end 151.16 new text begin obtained as a result of the loss, and any satisfaction of the judgment, and make payment new text end 151.17 new text begin to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days new text end 151.18 new text begin after the owner or lessee serves the verified application. new text end 151.19     new text begin (b) The commissioner may pay compensation to owners or lessees that totals not new text end 151.20 new text begin more than $50,000 per licensee per fiscal year under this accelerated process. The new text end 151.21 new text begin commissioner may prorate the amount of compensation paid to owners or lessees under new text end 151.22 new text begin this subdivision if applications submitted by owners and lessees seek compensation in new text end 151.23 new text begin excess of $50,000 against a licensee. Any unpaid portion of a verified application that new text end 151.24 new text begin has been prorated under this subdivision shall be satisfied in the manner set forth in new text end 151.25 new text begin subdivision 9. new text end 151.26     new text begin Subd. 15. new text end new text begin Appropriation. new text end new text begin Money in the fund is appropriated to the commissioner new text end 151.27 new text begin for the purposes of this section. new text end 151.28     new text begin Subd. 16. new text end new text begin Additional assessment. new text end new text begin If the balance in the fund is at any time less than new text end 151.29 new text begin the commissioner determines is necessary to carry out the purposes of this section, every new text end 151.30 new text begin licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the new text end 151.31 new text begin fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall new text end 151.32 new text begin set the amount of assessment based on a reasonable determination of the amount that is new text end 151.33 new text begin necessary to restore a balance in the fund adequate to carry out the purposes of this section. new text end 151.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that new text end 151.35 new text begin subdivisions 1, 3, and 15 are effective July 1, 2007. new text end 152.1    Sec. 29. Minnesota Statutes 2006, section 541.051, is amended to read: 152.2541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES 152.3OR CONSTRUCTION TO IMPROVE REAL PROPERTY. 152.4    Subdivision 1. Limitation; service or construction of real property; 152.5improvements. (a) Except where fraud is involved, no action by any person in contract, 152.6tort, or otherwise to recover damages for any injury to property, real or personal, or for 152.7bodily injury or wrongful death, arising out of the defective and unsafe condition of an 152.8improvement to real property, nor any action for contribution or indemnity for damages 152.9sustained on account of the injury, shall be brought against any person performing or 152.10furnishing the design, planning, supervision, materials, or observation of construction 152.11or construction of the improvement to real property or against the owner of the real 152.12property more than two years after discovery of the injury or, in the case of an action for 152.13contribution or indemnity, accrual of the cause of action, nor, in any event shall such a 152.14cause of action accrue more than ten years after substantial completion of the construction. 152.15Date of substantial completion shall be determined by the date when construction is 152.16sufficiently completed so that the owner or the owner's representative can occupy or use 152.17the improvement for the intended purpose. 152.18     new text begin (b) Notwithstanding paragraph (a), an action for contribution or indemnity arising new text end 152.19 new text begin out of the defective and unsafe condition of an improvement to real property may be new text end 152.20 new text begin brought no later than two years after the cause of action for contribution or indemnity has new text end 152.21 new text begin accrued, regardless of whether it accrued before or after the ten-year period referenced in new text end 152.22 new text begin paragraph (a). new text end 152.23    (b) new text begin (c) new text end For purposes of paragraph (a), a cause of action accrues upon discovery of 152.24the injury or, new text begin provided that new text end in the case of an action for contribution or indemnity new text begin under new text end 152.25 new text begin paragraph (b) new text end , upon new text begin a cause of action accrues upon the earlier of commencement of the new text end 152.26 new text begin action against the party seeking contribution or indemnity, or new text end payment of a final judgment, 152.27arbitration award, or settlement arising out of the defective and unsafe condition. 152.28    (c) new text begin (d) new text end Nothing in this section shall apply to actions for damages resulting from 152.29negligence in the maintenance, operation or inspection of the real property improvement 152.30against the owner or other person in possession. 152.31    (d) new text begin (e) new text end The limitations prescribed in this section do not apply to the manufacturer or 152.32supplier of any equipment or machinery installed upon real property. 152.33    Subd. 2. Action allowed; limitation. Notwithstanding the provisions of subdivision 152.341, new text begin paragraph (a), new text end in the case of an new text begin a cause of new text end action which accrues during the ninth or tenth 152.35year after substantial completion of the construction, an action to recover damages may be 152.36brought within two years after the date on which the new text begin cause of new text end action accrued, but in no 153.1event may new text begin such new text end an action be brought more than 12 years after substantial completion of 153.2the construction. new text begin Nothing in this subdivision shall limit the time for bringing an action for new text end 153.3 new text begin contribution or indemnity. new text end 153.4    Subd. 3. Not construed. Nothing in this section shall be construed as extending the 153.5period prescribed by the laws of this state for the bringing of any action. 153.6    Subd. 4. Applicability. For the purposes of actions based on breach of the statutory 153.7warranties set forth in section 327A.02, or to actions based on breach of an express written 153.8warranty, such actions shall be brought within two years of the discovery of the breach. In 153.9the case of an action under section 327A.05, which accrues during the ninth or tenth year 153.10after the warranty date, as defined in section 327A.01, subdivision 8, an action may be 153.11brought within two years of the discovery of the breach, but in no event may an action 153.12under section 327A.05 be brought more than 12 years after the effective warranty date. 153.13 new text begin An action for contribution or indemnity arising out of actions described in this subdivision new text end 153.14 new text begin may be brought no later than two years after the earlier of commencement of the action new text end 153.15 new text begin against the party seeking contribution or indemnity, or payment of a final judgment, new text end 153.16 new text begin arbitration award, or settlement arising out of the breach. new text end 153.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactive to June 30, 2006. new text end 153.18    Sec. 30. new text begin REVISOR'S INSTRUCTION. new text end 153.19     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 153.20 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 153.21 new text begin cross-reference changes consistent with the renumbering. new text end 153.22 new text begin Column A new text end new text begin Column B new text end 153.23 new text begin 325E.58 new text end new text begin 326B.865 new text end 153.24 new text begin 326.83 new text end new text begin 326B.802 new text end 153.25 new text begin 326.84 new text end new text begin 326B.805 new text end 153.26 new text begin 326.841 new text end new text begin 327B.041 new text end 153.27 new text begin 326.842 new text end new text begin 326B.81 new text end 153.28 new text begin 326.86 new text end new text begin 326B.815 new text end 153.29 new text begin 326.87 new text end new text begin 326B.82 new text end 153.30 new text begin 326.88 new text end new text begin 326B.825 new text end 153.31 new text begin 326.89 new text end new text begin 326B.83 new text end 153.32 new text begin 326.90 new text end new text begin 326B.835 new text end 153.33 new text begin 326.91 new text end new text begin 326B.84 new text end 153.34 new text begin 326.92 new text end new text begin 326B.845 new text end 153.35 new text begin 326.921 new text end new text begin 326B.85 new text end 153.36 new text begin 326.93 new text end new text begin 326B.855 new text end 153.37 new text begin 326.94 new text end new text begin 326B.86 new text end 154.1 new text begin 326.95 new text end new text begin 326B.87 new text end 154.2 new text begin 326.951 new text end new text begin 326B.875 new text end 154.3 new text begin 326.96 new text end new text begin 326B.88 new text end 154.4 new text begin 326.97 new text end new text begin 326B.885 new text end 154.5ARTICLE 9 154.6BOILERS; PRESSURE VESSELS; BOATS 154.7    Section 1. Minnesota Statutes 2006, section 183.38, is amended to read: 154.8183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS; 154.9LICENSES. 154.10    Subdivision 1. All boilers inspected. The Division of Boiler Inspection new text begin new text end 154.11 new text begin commissioner new text end shall inspect all boilers and pressure vessels in use not expressly excepted 154.12from such inspection by law. Immediately Upon inspection the Division of Boiler 154.13Inspection new text begin commissioner new text end shall issue a certificate of inspection therefor or a certificate 154.14condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and 154.15certificates shall be prepared and furnished by the commissioner. The Division of Boiler 154.16Inspection new text begin commissioner new text end shall examine all applicants for engineer's licenses. The chief of 154.17the Division of Boiler Inspection new text begin commissioner new text end shall issue such license to an applicant as 154.18the examination shall show the applicant is entitled to receive. 154.19    Subd. 2. Inspector's examination. For the purpose of examining applicants 154.20for license new text begin a National Board of Boiler and Pressure Vessel Inspectors commission, new text end the 154.21chief of the Division of Boiler Inspection or the deputy chief new text begin commissioner new text end shall fix and 154.22determine a time and place for the examinations, and give notice to all applicants of the 154.23time and place. The chief or the deputy chief new text begin commissioner new text end shall grant and sign such 154.24license certificates as applicants are entitled to receive upon examination. Applicants may 154.25be examined and issued certificates of competency as inspectors of boilers and pressure 154.26vessels. 154.27    Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read: 154.28    Subdivision 1. new text begin Inspector new text end requirements. Each boiler inspector shall be a person 154.29of good moral character, shall be licensed in this state as a chief grade A engineer, and 154.30must hold a national board commission as a boiler inspector within 12 months of being 154.31employed as a boiler inspector by the department. An inspector shall not be interested in 154.32the manufacture or sale of boilers or steam machinery or in any patented article required 154.33or generally used in the construction of engines or boilers or their appurtenances. 155.1    Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read: 155.2    Subd. 2. Inspection. When used for display and demonstration purposes, steam 155.3farm traction engines, portable and stationary show engines and portable and stationary 155.4show boilers shall be inspected every two years according to law. 155.5    (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly 155.6by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards 155.7in paragraph (b), before being certified for use in Minnesota. 155.8    (b) Standards for inspection of show boilers shall be those established by the 155.9National Board Inspection Code ANSI/NB23 and by the rules adopted by the department 155.10of Labor and Industry, Division of Boiler Inspection, and as follows: 155.11    (1) the boiler shall be subjected to the appropriate method of nondestructive 155.12examination, at the owner's expense, as deemed necessary by the boiler inspector to 155.13determine soundness and safety of the boiler; 155.14    (2) the boiler shall be tested by ultrasonic examination for metal thickness (for 155.15purposes of calculating the maximum allowable working pressure the thinnest reading 155.16shall be used and a safety factor of six shall be used in calculating maximum allowable 155.17working pressure on all non-ASME-code hobby and show boilers); and 155.18    (3) repairs and alterations made to show boilers must be made pursuant to section 155.19183.466 . 155.20    (c) Further each such object shall successfully complete an inspection of: 155.21    (1) the fusible plug; 155.22    (2) the safety valve, which must be of American Society of Mechanical Engineers' new text begin new text end 155.23 new text begin ASME new text end approved design and set at the maximum allowable working pressure and sealed in 155.24an appropriate manner not allowing tampering with the valve setting without destroying 155.25the seal; and 155.26    (3) the boiler power piping. 155.27    Any longitudinal cracks found in riveted longitudinal seams requires that the vessel 155.28be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed, 155.29the jacket must be removed prior to inspection. 155.30    Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read: 155.31183.42 INSPECTION AND REGISTRATION. 155.32    Subdivision 1. Inspection. Every owner, lessee, or other person having charge of 155.33boilers or pressure vessels subject to inspection under this chapter shall cause them to be 155.34inspected by the Division of Boiler Inspection new text begin department new text end . new text begin Except as provided in sections new text end 155.35 new text begin 183.411 and 183.45, new text end boilers subject to inspection under this chapter must be inspected at 156.1least annually and pressure vessels inspected at least every two years except as provided 156.2under section . The commissioner shall assess a $250 penalty per applicable boiler 156.3or pressure vessel for failure to have the inspection required by this section and may seal 156.4the boiler or pressure vessel for refusal to allow an inspection as required by this section. 156.5    Subd. 2. Registration. Every owner, lessee, or other person having charge of 156.6boilers or pressure vessels subject to inspection under this chapter new text begin , except hobby boilers new text end 156.7 new text begin under section 183.411, new text end shall register said objects with the Division of Boiler Inspection new text begin new text end 156.8 new text begin department new text end . The registration shall be renewed annually and is applicable to each object 156.9separately. The fee for registration of a boiler or pressure vessel shall be pursuant to 156.10section 183.545, subdivision 10. The Division of Boiler Inspection new text begin department new text end may issue 156.11a billing statement for each boiler and pressure vessel on record with the division, and 156.12may determine a monthly schedule of billings to be followed for owners, lessees, or other 156.13persons having charge of a boiler or pressure vessel subject to inspection under this chapter. 156.14    Subd. 3. Certificate of registration. The Division of Boiler Inspection new text begin department new text end 156.15shall issue a certificate of registration that lists the new text begin registered new text end boilers and pressure vessels 156.16at the location, expiration date of the certificate of registration, last inspection date of 156.17each new text begin registered new text end boiler and pressure vessel, and maximum allowable working pressure for 156.18each new text begin registered new text end boiler and pressure vessel. The commissioner may make an electronic 156.19certificate of registration available to be printed by the owner, lessee, or other person 156.20having charge of the new text begin registered new text end boiler or pressure vessel. 156.21    Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read: 156.22183.45 INSPECTION. 156.23    Subdivision 1. Inspection requirements. All boilers and steam generators must 156.24be inspected by the Division of Boiler Inspection new text begin department new text end before they are used and 156.25all boilers must be inspected at least once each year thereafter except as provided under 156.26subdivision 2 new text begin or section 183.411 new text end . Inspectors may subject all boilers to hydrostatic pressure 156.27or hammer test, and shall ascertain by a thorough internal and external examination 156.28that they are well made and of good and suitable material; that the openings for the 156.29passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of 156.30proper dimensions and free from obstructions; that the flues are circular in form; that the 156.31arrangements for delivering the feed water are such that the boilers cannot be injured 156.32thereby; and that such boilers and their connections may be safely used without danger to 156.33life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions, 156.34sufficient in number, and properly arranged, and that the safety valves are so adjusted as 156.35to allow no greater pressure in the boilers than the amount prescribed by the inspector's 157.1certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate 157.2the amount of water, and suitable gauges that will correctly record the pressure; and 157.3that the fusible metals are properly inserted where required so as to fuse by the heat of 157.4the furnace whenever the water in the boiler falls below its prescribed limit; and that 157.5provisions are made for an ample supply of water to feed the boilers at all times; and that 157.6means for blowing out are provided, so as to thoroughly remove the mud and sediment 157.7from all parts when under pressure. 157.8    Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000 157.9pounds per hour or more capacity which has an internal continuous water treatment 157.10program approved by the department and which the chief boiler inspector new text begin commissioner new text end 157.11has determined to be in compliance with paragraph (c). 157.12    (b) A qualifying boiler must be inspected at least once every 24 months internally 157.13and externally while not under pressure and at least once every 18 months externally 157.14while under pressure. If the inspector considers it necessary to conduct a hydrostatic test 157.15to determine the safety of a boiler, the test must be conducted under the direction of the 157.16owner, contractor, or user of the equipment under the supervision of an inspector. 157.17    (c) The owner of a qualifying boiler must keep accurate records showing the date 157.18and actual time the boiler is out of service, the reason or reasons therefor, and the chemical 157.19physical laboratory analysis of samples of the boiler water taken at regular intervals of 157.20not more than 48 hours of operation which adequately show the condition of the water, 157.21and any elements or characteristics of the water capable of producing corrosion or other 157.22deterioration of the boiler or its parts. 157.23    (d) If an inspector determines there are substantial deficiencies in equipment or in 157.24boiler water treatment operating procedures, inspections of a qualifying boiler may be 157.25required once every 12 months until the chief boiler inspector new text begin commissioner new text end finds that the 157.26substantial deficiencies have been corrected. 157.27    Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read: 157.28183.46 TESTS. 157.29    In subjecting both high and low pressure boilers and pressure vessels to the 157.30hydrostatic test, and to determine the safe allowable working pressure, the inspector shall 157.31use the latest approved formula of the American Society of Mechanical Engineers new text begin ASME new text end 157.32Code new text begin or National Board Inspection Code, as applicable new text end . 157.33    Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read: 157.34183.465 STANDARDS OF INSPECTION. 158.1    The engineering standards of boilers and pressure vessels for use in this state shall 158.2be that established by the current edition of the new text begin and amendments to the ASME Code or the new text end 158.3 new text begin National Board Inspection Code, as applicable, for new text end construction, operation and care of, 158.4in-service inspection and testing, and controls and safety devices codes of the American 158.5Society of Mechanical Engineers and amendments thereto new text begin , new text end and new text begin by new text end the rules of the Division 158.6of Boiler Inspection adopted by the department of Labor and Industry. 158.7    Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read: 158.8183.466 STANDARDS OF REPAIRS. 158.9    The rules for repair of boilers and pressure vessels for use in this state shall be those 158.10established by the National Board of Boiler and Pressure Vessel Inspectors inspection 158.11code and the rules of the Division of Boiler Inspection adopted by the department of 158.12Labor and Industry. 158.13    Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read: 158.14183.48 SPECIAL EXAMINATION. 158.15    At any time the inspector deems it necessary an examination shall be made of any 158.16 new text begin If an inspector examines a new text end boiler or pressure vessel which there is reason to believe has 158.17become new text begin and determines that the boiler or pressure vessel is new text end unsafe, and new text begin the inspector shall new text end 158.18notify the owners or operators thereof new text begin owner or operator new text end of any defect therein, and what 158.19repairs are necessary new text begin in that boiler or pressure vessel new text end . Such boiler or pressure vessel 158.20shall not thereafter be used until so repaired new text begin the defect is corrected new text end . Boilers found to be 158.21operated by unlicensed or improperly licensed persons shall not be used until the operators 158.22are properly licensed. If circumstances warrant continued operation, approval may be 158.23given for continuing operation for a specific period of time, not to exceed 30 days, at the 158.24discretion of the boiler inspector. 158.25    Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read: 158.26183.501 LICENSE REQUIREMENT. 158.27    (a) No person new text begin individual new text end shall be entrusted with the operation of or operate any 158.28boiler, steam engine, or turbine who has not received a license of grade covering that 158.29boiler, steam engine or turbine. The license shall be renewed annually new text begin , except as provided new text end 158.30 new text begin in section 183.411 new text end . When a violation of this section occurs the Division of Boiler 158.31Inspection may cause a complaint to be made for the prosecution of the offender and shall 158.32be entitled to sue for and obtain injunctive relief in the district courts for such violations. 159.1    (b) For purposes of this chapter, "operation" shall not include monitoring of an 159.2automatic boiler, either through on premises inspection of the boiler or by remote 159.3electronic surveillance, provided that no operations are performed upon the boiler other 159.4than emergency shut down in alarm situations. 159.5     new text begin (c) No individual under the influence of illegal drugs or alcohol shall be entrusted new text end 159.6 new text begin with the operation of or shall operate any boiler, steam engine, or turbine, or shall be new text end 159.7 new text begin entrusted with the monitoring of or shall monitor an automatic boiler. new text end 159.8    Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read: 159.9183.505 APPLICATIONS FOR LICENSES. 159.10    The chief boiler inspector new text begin commissioner new text end shall prepare blank applications on which 159.11applications for engineers' licenses shall be made under oath of the applicant. These 159.12blanks shall be so formulated as to elicit such information as is desirable new text begin needed new text end to 159.13enable the examiners to pass on new text begin determine whether an applicant meets new text end the qualifications 159.14of applicants new text begin required for the license new text end . 159.15    Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read: 159.16183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS. 159.17    Subdivision 1. Engineers, classes. Engineers shall be divided into four classes: 159.18    (1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade 159.19A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade 159.20C. (4) Special engineers. 159.21    Subd. 2. Applications. Any person new text begin individual new text end who desires an engineer's license 159.22shall submit a written new text begin an new text end application, on blanks furnished by the commissioner or designee new text begin new text end 159.23 new text begin on a written or electronic form prescribed by the commissioner new text end , at least 15 days before 159.24the requested exam date. The application is valid for new text begin permits the applicant to take the new text end 159.25 new text begin examination on one occasion within new text end one year from the date the commissioner or designee 159.26received new text begin receives new text end the application. 159.27    Subd. 2a. Examinations. Each applicant for a license must pass an examination 159.28approved new text begin developed and administered new text end by the commissioner. The examinations shall be 159.29of sufficient scope to establish the competency of the applicant to operate a boiler of the 159.30applicable license class and grade. 159.31    Subd. 3. High and low pressure boilers. For the purposes of this section and 159.32section 183.50, high pressure boilers shall mean boilers operating at a steam or other vapor 159.33pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure 159.34exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 160.1    Low pressure boilers shall mean boilers operating at a steam or other vapor pressure 160.2of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed 160.3160 p.s.i.g. or a temperature of 250 degrees Fahrenheit. 160.4    Subd. 4. Chief engineer, Grade A. A person new text begin An individual new text end seeking licensure as 160.5a chief engineer, Grade A, shall be at least 18 years of age and have experience which 160.6verifies that the person new text begin individual new text end is competent to take charge of and be responsible for the 160.7safe operation and maintenance of all classes of boilers, steam engines, and turbines and 160.8their appurtenances; and, before receiving a license, the applicant shall take and subscribe 160.9an oath attesting to at least five years actual experience in operating such boilers, including 160.10at least two years experience in operating such engines or turbines. 160.11    Subd. 5. Chief engineer, Grade B. A person new text begin An individual new text end seeking licensure as a 160.12chief engineer, Grade B, shall be at least 18 years of age and have habits and experience 160.13which justify the belief that the person new text begin individual new text end is competent to take charge of and be 160.14responsible for the safe operation and maintenance of all classes of boilers and their 160.15appurtenances; and, before receiving a license, the applicant shall take and subscribe an 160.16oath attesting to at least five years actual experience in operating those boilers. 160.17    Subd. 6. Chief engineer, Grade C. A person new text begin An individual new text end seeking licensure as a 160.18chief engineer, Grade C, shall be at least 18 years of age and have habits and experience 160.19which justify the belief that the person new text begin individual new text end is competent to take charge of and 160.20be responsible for the safe operation and maintenance of all classes of low pressure 160.21boilers and their appurtenances, and before receiving a license, the applicant shall take 160.22and subscribe an oath attesting to at least five years of actual experience in operating 160.23such boilers. 160.24    Subd. 7. First-class engineer, Grade A. A person new text begin An individual new text end seeking licensure 160.25as a first-class engineer, Grade A, shall be at least 18 years of age and have experience 160.26which verifies that the person new text begin individual new text end is competent to take charge of and be responsible 160.27for the safe operation and maintenance of all classes of boilers, engines, and turbines and 160.28their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a 160.29plant of unlimited horsepower. Before receiving a license, the applicant shall take and 160.30subscribe an oath attesting to at least three years actual experience in operating such 160.31boilers, including at least two years experience in operating such engines or turbines. 160.32    Subd. 8. First-class engineer, Grade B. A person new text begin An individual new text end seeking licensure 160.33as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and 160.34experience which justify the belief that the person new text begin individual new text end is competent to take charge 160.35of and be responsible for the safe operation and maintenance of all classes of boilers of 160.36not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited 161.1horsepower. Before receiving a license the applicant shall take and subscribe an oath 161.2attesting to at least three years actual experience in operating such boilers. 161.3    Subd. 9. First-class engineer, Grade C. A person new text begin An individual new text end seeking licensure 161.4as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and 161.5experience which justify the belief that the person new text begin individual new text end is competent to take charge 161.6of and be responsible for the safe operation and maintenance of all classes of low pressure 161.7boilers and their appurtenances of not more than 300 horsepower or to operate as a shift 161.8engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the 161.9applicant shall take and subscribe an oath attesting to at least three years actual experience 161.10in operating such boilers. 161.11    Subd. 10. Second-class engineer, Grade A. A person new text begin An individual new text end seeking 161.12licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have 161.13experience which verifies that the person new text begin individual new text end is competent to take charge of and 161.14be responsible for the safe operation and maintenance of all classes of boilers, engines, 161.15and turbines and their appurtenances of not more than 100 horsepower or to operate 161.16as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift 161.17engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving 161.18a license the applicant shall take and subscribe an oath attesting to at least one year of 161.19actual experience in operating such boilers, including at least one year of experience in 161.20operating such engines or turbines. 161.21    Subd. 11. Second-class engineer, Grade B. A person new text begin An individual new text end seeking 161.22licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have 161.23habits and experience which justify the belief that the person new text begin individual new text end is competent to 161.24take charge of and be responsible for the safe operation and maintenance of all classes of 161.25boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not 161.26more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant 161.27of unlimited horsepower. Before receiving a license the applicant shall take and subscribe 161.28an oath attesting to at least one year of actual experience in operating such boilers. 161.29    Subd. 12. Second-class engineer, Grade C. A person new text begin An individual new text end seeking 161.30licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have 161.31habits and experience which justify the belief that the person new text begin individual new text end is competent to 161.32take charge of and be responsible for the safe operation and maintenance of all classes 161.33of low pressure boilers and their appurtenances of not more than 100 horsepower or to 161.34operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or 161.35to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited 162.1horsepower. Before receiving a license, the applicant shall take and subscribe an oath 162.2attesting to at least one year of actual experience in operating such boilers. 162.3    Subd. 13. Special engineer. A person new text begin An individual new text end seeking licensure as a special 162.4engineer shall be at least 18 years of age and have habits and experience which justify 162.5the belief that the person new text begin individual new text end is competent to take charge of and be responsible for 162.6the safe operation and maintenance of all classes of boilers and their appurtenances of 162.7not more than 30 horsepower or to operate as a shift engineer in a plant of not more than 162.8100 horsepower, or to serve as an apprentice in any plant under the direct supervision of 162.9the properly licensed engineer. 162.10    Subd. 14. Current boiler operators. Any person new text begin individual new text end operating a boiler other 162.11than a steam boiler on new text begin or before new text end April 15, 1982 shall be qualified for application for the 162.12applicable class license upon presentation of an affidavit furnished by an inspector and 162.13sworn to by the person's new text begin individual's new text end employer or a chief engineer. The applicant must 162.14have at least the number of years of actual experience specified for the class of license 162.15requested and pass the appropriate examination. 162.16    Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for 162.17engineer license classifications only: ten square feet of heating surface shall be considered 162.18equivalent to one boiler horsepower for conventional boilers and five square feet of 162.19heating surface equivalent to one boiler horsepower for steam coil type generators. 162.20    Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read: 162.21    Subdivision 1. Safety new text begin Inspection new text end certificate. After examination and tests, if a boiler 162.22inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall 162.23deliver to the chief boiler inspector a verified certificate in such form as prescribed by 162.24the chief boiler inspector containing a specification of the tests applied and the working 162.25pressure allowed. A copy of the certificate is delivered to the owner of the boiler or 162.26pressure vessel, who shall place and retain the same in a conspicuous place on or near 162.27the boiler or pressure vessel. new text begin of the boiler or pressure vessel being inspected, the boiler new text end 162.28 new text begin inspector shall document the condition of the boiler or pressure vessel as required by the new text end 162.29 new text begin commissioner. The inspector shall issue an inspection certificate, as prescribed by the new text end 162.30 new text begin commissioner, to the owner or operator for the inspected boilers and pressure vessels new text end 162.31 new text begin found to be safe and suitable for use. The inspector shall immediately notify the owner or new text end 162.32 new text begin operator of any deficiencies found on the boilers and pressure vessels during the inspection new text end 162.33 new text begin on a form prescribed by the commissioner. new text end 162.34    Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read: 163.1    Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel, 163.2which boiler or pressure vessel has been duly inspected, refuses to pay the required fee 163.3within 30 days from the date of the inspection new text begin invoice new text end , the chief boiler inspector, or 163.4deputy, new text begin department new text end may seal the boiler or pressure vessel until the fee is paid. 163.5    Sec. 15. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision 163.6to read: 163.7     new text begin Subd. 11. new text end new text begin Late fee. new text end new text begin The commissioner may assess a late fee of up to $100 for new text end 163.8 new text begin each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date new text end 163.9 new text begin stated on the invoice. new text end 163.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 163.11    Sec. 16. Minnesota Statutes 2006, section 183.56, is amended to read: 163.12183.56 EXCEPTIONS. 163.13    The provisions of sections 183.38 to 183.62, shall not apply to: 163.14    (1) boilers in buildings occupied solely for residence purposes with accommodations 163.15for not more than five families; 163.16    (2) railroad locomotives operated by railroad companies for transportation purposes; 163.17    (3) air tanks installed on the right-of-way of railroads and used directly in the 163.18operation of trains; 163.19    (4) boilers and pressure vessels under the direct jurisdiction of the United States; 163.20    (5) unfired pressure vessels having an internal or external working pressure not 163.21exceeding 15 p.s.i.g. with no limit on size; 163.22    (6) pressure vessels used for storage of compressed air not exceeding five cubic feet 163.23in volume and equipped with an American Society of Mechanical Engineers new text begin ASME new text end code 163.24stamped safety valve set at a maximum of 100 p.s.i.g.; 163.25    (7) pressure vessels having an inside diameter not exceeding six inches; 163.26    (8) every vessel that contains water under pressure, including those containing air 163.27that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and 163.28whose design temperature does not exceed 210 degrees Fahrenheit; 163.29    (9) boiler or pressure vessels located on farms used solely for agricultural or 163.30horticultural purposes; for purposes of this section, boilers used for mint oil extraction 163.31are considered used for agricultural or horticultural purposes, provided that the owner or 163.32lessee complies with the inspection requirements contained in section 183.42; 163.33    (10) tanks or cylinders used for storage or transfer of liquefied petroleum gases; 164.1    (11) unfired pressure vessels in petroleum refineries; 164.2    (12) an air tank or pressure vessel which is an integral part of a passenger motor 164.3bus, truck, or trailer; 164.4    (13) hot water heating and other hot liquid boilers not exceeding a heat input of 164.5750,000 BTU per hour; 164.6    (14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 164.7BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 164.8120 gallons, or a pressure of 160 p.s.i.g.; 164.9    (15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume; 164.10    (16) pressure vessels operated full of water or other liquid not materially more 164.11hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees 164.12Fahrenheit or a pressure of 200 p.s.i.g.; 164.13    (17) steam powered turbines at paper-making facilities which are powered by steam 164.14generated by municipal steam district facilities at a remote location; and 164.15    (18) manually fired boilers for model locomotive, boat, tractor, stationary engine, 164.16or antique motor vehicles constructed or maintained only as a hobby for exhibition, 164.17educational or historical purposes and not for commercial use, if the boilers have an 164.18inside diameter of 12 inches or less, or a grate area of two square feet or less, and are 164.19equipped with an American Society of Mechanical Engineers new text begin ASME new text end stamped safety valve 164.20of adequate size, a water level indicator, and a pressure gauge. 164.21    An engineer's license is not required for hot water supply boilers. 164.22    An engineer's license is not required for boilers, steam cookers, steam kettles, steam 164.23sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 164.24kilowatt, 2-1/2 horsepower or new text begin and new text end a pressure of 15 p.s.i.g. 164.25    Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum 164.26of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and 164.27shall not require an engineer license to operate. 164.28    Sec. 17. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read: 164.29    Subdivision 1. Report required. Any insurance company insuring boilers and 164.30pressure vessels in this state shall file a report showing the new text begin most recent new text end date of inspection, 164.31the name of the person new text begin individual new text end making the inspection, the condition of the boiler or 164.32pressure vessel as disclosed by the inspection, whether the boiler was operated by a 164.33properly licensed engineer, whether a policy of insurance has been issued by the company 164.34with reference to the boiler or pressure vessel, and other information as directed by the 164.35chief boiler inspector new text begin commissioner new text end . Within 21 days after the inspection, the insurance 165.1company shall file the report with the chief boiler inspector or designee new text begin commissioner new text end . 165.2The insurer shall provide a copy of the report to the person, firm, or corporation owning or 165.3operating the inspected boiler or pressure vessel. Such report shall be made annually for 165.4boilers and biennially for pressure vessels. 165.5    Sec. 18. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read: 165.6    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance 165.7company authorized to do business in this state has issued a policy of insurance, after the 165.8inspection thereof, is exempt from inspection by the department made under sections 165.9183.375 to 183.62, while the same continues to be insured and provided it continues 165.10to be inspected in accordance with the inspection schedule set forth in sections 183.42 165.11and 183.45, and the person, firm, or corporation owning or operating the same has an 165.12unexpired certificate of registration. 165.13    Sec. 19. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read: 165.14    Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner 165.15or designee in writing of its policy to insure and inspect boilers and pressure vessels at a 165.16location within 30 days of receipt of notification from the insured that a boiler or pressure 165.17vessel is present at an insured location. The insurer must also provide a duplicate of the 165.18notification to the insured. 165.19    Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read: 165.20    Subd. 6. Notice of discontinued coverage. The insurer shall notify the 165.21commissioner or designee in writing, within 30 days of the effective date, of the 165.22discontinuation of insurance coverage of the boilers and pressure vessels at a location 165.23and the cause or reason for the discontinuation if the insurer has received notice from 165.24the insured that a boiler or pressure vessel is present at an insured location, as provided 165.25under subdivision 5. This notice shall show the effective date when the discontinued 165.26policy takes effect. 165.27    Sec. 21. Minnesota Statutes 2006, section 183.59, is amended to read: 165.28183.59 VIOLATIONS BY INSPECTORS. 165.29    Every inspector who willfully certifies falsely regarding any boiler or its attachments, 165.30or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license 165.31to any person new text begin individual new text end to act as engineer, new text begin or new text end master, or pilot contrary to any provision of 166.1sections 183.375 to 183.62, is guilty of a misdemeanor. In addition to this punishment the 166.2inspector shall be removed from office forthwith. 166.3    Sec. 22. Minnesota Statutes 2006, section 183.60, is amended to read: 166.4183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE. 166.5    Subdivision 1. Construction violation. Every new text begin No new text end person who constructs new text begin shall new text end 166.6 new text begin construct new text end a boiler, boiler piping, or pressure vessel so as not to meet the minimum 166.7construction requirements of the American Society of Mechanical Engineers new text begin ASME new text end boiler 166.8and pressure vessel code, and the rules of the Division of Boiler Inspection adopted by the 166.9 department of Labor and Industry is guilty of a gross misdemeanor. 166.10    Subd. 2. Repair violation. Every new text begin No new text end person who repairs a boiler or pressure vessel 166.11by welding or riveting so as not to meet the minimum requirements established by the 166.12current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection 166.13code and the rules of the Division of Boiler Inspection adopted by the department of Labor 166.14and Industry is guilty of a gross misdemeanor. 166.15    Subd. 3. Sale violation. Every new text begin No new text end manufacturer, jobber, dealer, or new text begin other new text end person 166.16selling or offering new text begin shall sell or offer new text end for sale a boiler or pressure vessel that does not meet 166.17the minimum construction requirements of the American Society of Mechanical Engineers new text begin new text end 166.18 new text begin ASME new text end boiler and pressure vessel code and the rules of the Division of Boiler Inspection 166.19adopted by the department of Labor and Industry is guilty of a gross misdemeanor. 166.20    Sec. 23. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read: 166.21    Subd. 2. Inspection violation. Any new text begin No new text end person who causes new text begin shall cause new text end to be 166.22operated, or operates new text begin shall operate new text end , any boiler or boat without having the same inspected 166.23at least once each year new text begin , new text end or pressure vessel new text begin , steam farm traction engine, portable or new text end 166.24 new text begin stationary show engine, or portable or stationary show boiler new text end without having it inspected 166.25biennially, and new text begin or new text end without having the proper engineer or pilot new text begin master new text end license is guilty 166.26of a misdemeanor. 166.27    Sec. 24. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read: 166.28    Subd. 4. Failure to repair. Every person operating or causing to be operated new text begin After new text end 166.29any boiler or pressure vessel after it has been examined and found to be unsafe and after the 166.30owner or operator thereof new text begin of the boiler or pressure vessel new text end has been notified of any defect 166.31therein and what repairs are necessary to remedy the defect who fails to comply with the 166.32inspector's requirements is guilty of a misdemeanor new text begin in it, no person shall operate the boiler new text end 166.33 new text begin or pressure vessel or cause it to be operated unless and until the defect has been corrected new text end . 167.1    Sec. 25. new text begin [326B.93] INSPECTION PERSONNEL. new text end 167.2     new text begin Subdivision 1. new text end new text begin Inspectors. new text end new text begin The department may employ such inspectors and other new text end 167.3 new text begin persons as are necessary to efficiently perform the duties and exercise the powers imposed new text end 167.4 new text begin upon the department. new text end 167.5     new text begin Subd. 2. new text end new text begin Chief boiler inspector. new text end new text begin The commissioner shall appoint a chief boiler new text end 167.6 new text begin inspector who, under the direction and supervision of the commissioner, shall administer new text end 167.7 new text begin this chapter and the rules adopted under this chapter. The chief boiler inspector must: new text end 167.8     new text begin (1) be licensed as a chief Grade A engineer; and new text end 167.9     new text begin (2) possess a current commission issued by the National Board of Boiler and new text end 167.10 new text begin Pressure Vessel Inspectors. new text end 167.11 new text begin The chief boiler inspector shall be the state of Minnesota representative on the National new text end 167.12 new text begin Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority new text end 167.13 new text begin of the rules adopted under this chapter, and shall perform other duties in administering new text end 167.14 new text begin this chapter and the rules adopted under this chapter as assigned by the commissioner. new text end 167.15 new text begin Any person aggrieved by a ruling of the chief boiler inspector may appeal the ruling new text end 167.16 new text begin in accordance with chapter 14. new text end 167.17    Sec. 26. new text begin [326B.94] BOATS; MASTERS. new text end 167.18     new text begin Subdivision 1. new text end new text begin Boat. new text end new text begin "Boat" means any vessel navigating inland waters of the state new text end 167.19 new text begin that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet new text end 167.20 new text begin or more in length. new text end 167.21     new text begin Subd. 2. new text end new text begin Number of passengers. new text end new text begin The department shall designate the number of new text end 167.22 new text begin passengers that each boat may safely carry, and no such boat shall carry a greater number new text end 167.23 new text begin than is allowed by the inspector's certificate. new text end 167.24     new text begin Subd. 3. new text end new text begin Annual permit. new text end new text begin The commissioner shall issue an annual permit to a boat new text end 167.25 new text begin for the purpose of carrying passengers for hire on the inland waters of the state provided new text end 167.26 new text begin the boat satisfies the inspection requirements of this section. A boat subject to inspection new text end 167.27 new text begin under this chapter shall be registered with the department and shall be inspected before a new text end 167.28 new text begin permit may be issued. No person shall operate a boat or cause a boat to be operated for the new text end 167.29 new text begin purpose of carrying passengers for hire on the inland waters of the state without a valid new text end 167.30 new text begin annual permit issued under this section. new text end 167.31     new text begin Subd. 4. new text end new text begin Examinations, licensing. new text end new text begin The commissioner shall develop and administer new text end 167.32 new text begin an examination for all masters of boats carrying passengers for hire on the inland waters of new text end 167.33 new text begin the state as to their qualifications and fitness. If found qualified and competent to perform new text end 167.34 new text begin their duties as a master of a boat carrying passengers for hire, they shall be issued a license new text end 167.35 new text begin authorizing them to act as such on the inland waters of the state. The license shall be new text end 168.1 new text begin renewed annually. Fees for the original issue and renewal of the license authorized under new text end 168.2 new text begin this section shall be pursuant to section 183.545, subdivision 2. new text end 168.3     new text begin Subd. 5. new text end new text begin Rules. new text end new text begin (a) The department shall prescribe rules for the inspection of the new text end 168.4 new text begin hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances, new text end 168.5 new text begin and lifesaving equipment of all power boats navigating the inland waters of the state, new text end 168.6 new text begin which shall conform to the requirements and specifications of the United States Coast new text end 168.7 new text begin Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable new text end 168.8 new text begin inland waters; these rules shall have the force of law. new text end 168.9     new text begin (b) The commissioner shall make such rules for inspection and operation of boats new text end 168.10 new text begin subject to inspection under this chapter, the licensing of masters, and the navigation of any new text end 168.11 new text begin such boat as will require its operation without danger to life or property. new text end 168.12     new text begin Subd. 6. new text end new text begin Drugs, alcohol. new text end new text begin No master shall be under the influence of illegal drugs new text end 168.13 new text begin or alcohol when on duty. new text end 168.14    Sec. 27. new text begin REVISOR'S INSTRUCTION. new text end 168.15     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 168.16 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 168.17 new text begin cross-reference changes consistent with the renumbering. new text end 168.18 new text begin Column A new text end new text begin Column B new text end 168.19 new text begin 183.38 new text end new text begin 326B.952 new text end 168.20 new text begin 183.39 new text end new text begin 326B.954 new text end 168.21 new text begin 183.411 new text end new text begin 326B.956 new text end 168.22 new text begin 183.42 new text end new text begin 326B.958 new text end 168.23 new text begin 183.45 new text end new text begin 326B.96 new text end 168.24 new text begin 183.46 new text end new text begin 326B.962 new text end 168.25 new text begin 183.465 new text end new text begin 326B.964 new text end 168.26 new text begin 183.466 new text end new text begin 326B.966 new text end 168.27 new text begin 183.48 new text end new text begin 326B.968 new text end 168.28 new text begin 183.50 new text end new text begin 326B.97 new text end 168.29 new text begin 183.501 new text end new text begin 326B.972 new text end 168.30 new text begin 183.502 new text end new text begin 326B.974 new text end 168.31 new text begin 183.505 new text end new text begin 326B.976 new text end 168.32 new text begin 183.51 new text end new text begin 326B.978 new text end 168.33 new text begin 183.53 new text end new text begin 326B.98 new text end 168.34 new text begin 183.54 new text end new text begin 326B.982 new text end 168.35 new text begin 183.545 new text end new text begin 326B.986 new text end 168.36 new text begin 183.56 new text end new text begin 326B.988 new text end 168.37 new text begin 183.57 new text end new text begin 326B.99 new text end 168.38 new text begin 183.59 new text end new text begin 326B.992 new text end 168.39 new text begin 183.60 new text end new text begin 326B.994 new text end 169.1 new text begin 183.61 new text end new text begin 326B.996 new text end 169.2 new text begin 183.62 new text end new text begin 326B.998 new text end 169.3ARTICLE 10 169.4HIGH PRESSURE PIPING 169.5    Section 1. Minnesota Statutes 2006, section 326.46, is amended to read: 169.6326.46 SUPERVISION OF new text begin DEPARTMENT TO SUPERVISE new text end HIGH 169.7PRESSURE PIPING. 169.8    The department of Labor and Industry shall supervise all high pressure piping used 169.9on all projects in this state, and may prescribe minimum standards which shall be uniform. 169.10    The department shall employ inspectors and other assistants to carry out the 169.11provisions of sections 326.46 to 326.52. 169.12    Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 169.13to read: 169.14     new text begin Subd. 1a. new text end new text begin Board. new text end new text begin "Board" means the Board of High Pressure Piping Systems. new text end 169.15    Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 169.16to read: 169.17     new text begin Subd. 1b. new text end new text begin Contracting high pressure pipefitter. new text end new text begin "Contracting high pressure new text end 169.18 new text begin pipefitter" means an individual, such as a steamfitter, engaged in the planning, new text end 169.19 new text begin superintending, and practical installation of high pressure piping and appurtenances, and new text end 169.20 new text begin otherwise lawfully qualified to construct high pressure piping installations and make new text end 169.21 new text begin replacements to existing plants, who is also qualified to conduct the business of high new text end 169.22 new text begin pressure piping installations and who is familiar with the laws, rules, and minimum new text end 169.23 new text begin standards governing them. new text end 169.24    Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 169.25to read: 169.26     new text begin Subd. 2a. new text end new text begin High pressure steam. new text end new text begin "High pressure steam" means a pressure in excess new text end 169.27 new text begin of 15 pounds per square inch. new text end 169.28    Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 169.29to read: 170.1     new text begin Subd. 2b. new text end new text begin Journeyman high pressure pipefitter. new text end new text begin "Journeyman high pressure new text end 170.2 new text begin pipefitter" means an individual, such as a steamfitter, who is not a contracting high new text end 170.3 new text begin pressure pipefitter and who is engaged in the practical installation of high pressure piping new text end 170.4 new text begin and appurtenances in the employ of a contracting high pressure pipefitter. new text end 170.5    Sec. 6. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision 170.6to read: 170.7     new text begin Subd. 4. new text end new text begin Pipefitter apprentice. new text end new text begin A "pipefitter apprentice" is an individual employed new text end 170.8 new text begin in the trade of the practical construction and installation of high pressure piping and new text end 170.9 new text begin appurtenances under an apprenticeship agreement approved by the department under new text end 170.10 new text begin Minnesota Rules, part 5200.0300. new text end 170.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 170.12    Sec. 7. Minnesota Statutes 2006, section 326.47, is amended to read: 170.13326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES. 170.14    Subdivision 1. Required permit. No person, firm, or corporation shall construct or 170.15install high pressure piping systems without first filing an application for a permit with the 170.16department of Labor and Industry or a municipality that has complied with subdivision 2. 170.17Projects under construction prior to August 1, 1984, are not required to obtain a permit. 170.18    Subd. 2. Permissive municipal regulation. A municipality may, by ordinance, 170.19provide for the inspection of high pressure piping system materials and construction, and 170.20provide that it shall not be constructed or installed except in accordance with minimum 170.21state standards. The authority designated by the ordinance for issuing high pressure piping 170.22permits and assuring compliance with state standards must report to the Department of 170.23Labor and Industry all violations of state high pressure piping standards. 170.24    A municipality may not adopt an ordinance with high pressure piping standards 170.25that does not conform to the uniform standards prescribed by the Department of Labor 170.26and Industry. The Department of Labor and Industry shall specify by rule the minimum 170.27qualifications for municipal inspectors. new text begin The commissioner may enter into an agreement new text end 170.28 new text begin with a municipality, in which the municipality agrees to perform inspections and issue new text end 170.29 new text begin permits for the construction and installation of high pressure piping systems within the new text end 170.30 new text begin municipality's geographical area of jurisdiction, if: new text end 170.31     new text begin (a) The municipality has adopted: new text end 170.32     new text begin (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to new text end 170.33 new text begin 5230.6200; new text end 171.1     new text begin (2) an ordinance that authorizes the municipality to issue permits to persons holding new text end 171.2 new text begin a high pressure piping business license issued by the department and only for construction new text end 171.3 new text begin or installation that would, if performed properly, fully comply with all Minnesota Statutes new text end 171.4 new text begin and Minnesota Rules; new text end 171.5     new text begin (3) an ordinance that authorizes the municipality to perform the inspections that are new text end 171.6 new text begin required under Minnesota Statutes or Minnesota Rules of the construction and installation new text end 171.7 new text begin of high pressure piping systems; and new text end 171.8     new text begin (4) an ordinance that authorizes the municipality to enforce the code for power new text end 171.9 new text begin piping systems in its entirety. new text end 171.10     new text begin (b) The municipality agrees to issue permits only to persons holding a high pressure new text end 171.11 new text begin piping business license as required by law at the time of the permit issuance, and only for new text end 171.12 new text begin construction or installation that would, if performed properly, comply with all Minnesota new text end 171.13 new text begin Statutes and Minnesota Rules governing the construction or installation of high pressure new text end 171.14 new text begin piping systems. new text end 171.15     new text begin (c) The municipality agrees to issue permits only on forms approved by the new text end 171.16 new text begin department. new text end 171.17     new text begin (d) The municipality agrees that, for each permit issued by the municipality, the new text end 171.18 new text begin municipality shall perform one or more inspections of the construction or installation to new text end 171.19 new text begin determine whether the construction or installation complies with all Minnesota Statutes new text end 171.20 new text begin and Minnesota Rules governing the construction or installation of high pressure piping new text end 171.21 new text begin systems, and shall prepare a written report of each inspection. new text end 171.22     new text begin (e) The municipality agrees to notify the commissioner within 24 hours after the new text end 171.23 new text begin municipality discovers any violation of the licensing laws related to high pressure piping. new text end 171.24     new text begin (f) The municipality agrees to notify the commissioner immediately if the new text end 171.25 new text begin municipality discovers that any entity has failed to meet a deadline set by the municipality new text end 171.26 new text begin for correction of a violation of the high pressure piping laws. new text end 171.27     new text begin (g) The commissioner determines that the individuals who will conduct the new text end 171.28 new text begin inspections for the municipality do not have any conflict of interest in conducting the new text end 171.29 new text begin inspections. new text end 171.30     new text begin (h) Individuals who will conduct the inspections for the municipality are permanent new text end 171.31 new text begin employees of the municipality and are licensed contracting high pressure pipefitters or new text end 171.32 new text begin licensed journeyman high pressure pipefitters. new text end 171.33     new text begin (i) The municipality agrees to notify the commissioner within ten days of any new text end 171.34 new text begin changes in the names or qualifications of the individuals who conduct the inspections new text end 171.35 new text begin for the municipality. new text end 172.1     new text begin (j) The municipality agrees to enforce in its entirety the code for power piping new text end 172.2 new text begin systems on all projects. new text end 172.3     new text begin (k) The municipality shall not approve any piping installation unless the installation new text end 172.4 new text begin conforms to all applicable provisions of the high pressure piping laws in effect at the new text end 172.5 new text begin time of the installation. new text end 172.6     new text begin (l) The municipality agrees to promptly require compliance or revoke a permit that new text end 172.7 new text begin it has issued if there is noncompliance with any of the applicable provisions of the high new text end 172.8 new text begin pressure piping laws in connection with the work covered by the permit. The municipality new text end 172.9 new text begin agrees to revoke the permit if any laws regulating the licensing of pipefitters have been new text end 172.10 new text begin violated. new text end 172.11     new text begin (m) The municipality agrees to keep official records of all documents received, new text end 172.12 new text begin including permit applications, and of all permits issued, reports of inspections, and notices new text end 172.13 new text begin issued in connection with inspections. new text end 172.14     new text begin (n) The municipality agrees to maintain the records described in paragraph (m) in new text end 172.15 new text begin the official records of the municipality for the period required for the retention of public new text end 172.16 new text begin records under section 138.17, and shall make these records readily available for review new text end 172.17 new text begin according to section 13.37. new text end 172.18     new text begin (o) Not later than the tenth day of each month, the municipality shall submit to the new text end 172.19 new text begin commissioner a report of all high pressure piping permits issued by the municipality during new text end 172.20 new text begin the preceding month. This report shall be in a format approved by the commissioner new text end 172.21 new text begin and shall include: new text end 172.22     new text begin (1) the name of the contractor; new text end 172.23     new text begin (2) the license number of the contractor's license issued by the commissioner; new text end 172.24     new text begin (3) the permit number; new text end 172.25     new text begin (4) the address of the job; new text end 172.26     new text begin (5) the date the permit was issued; new text end 172.27     new text begin (6) a brief description of the work; and new text end 172.28     new text begin (7) the amount of the inspection fee. new text end 172.29     new text begin (p) Not later than the 31st day of January of each year, the municipality shall submit new text end 172.30 new text begin a summary report to the commissioner identifying the status of each high pressure piping new text end 172.31 new text begin project for which the municipality issued a permit during the preceding year, and the new text end 172.32 new text begin status of high pressure piping projects for which the municipality issued a permit during a new text end 172.33 new text begin prior year where no final inspection had occurred by the first day of the preceding year. new text end 172.34 new text begin This summary report shall include: new text end 172.35     new text begin (1) the permit number; new text end 172.36     new text begin (2) the date of any final inspection; and new text end 173.1     new text begin (3) identification of any violation of high pressure piping laws related to work new text end 173.2 new text begin covered by the permit. new text end 173.3     new text begin (q) The municipality and the commissioner agree that if at any time during the new text end 173.4 new text begin agreement the municipality does not have in effect the code for high pressure piping new text end 173.5 new text begin systems or any of the ordinances described in paragraph (a), or if the commissioner new text end 173.6 new text begin determines that the municipality is not properly administering and enforcing the code for new text end 173.7 new text begin high pressure piping or is otherwise not complying with the agreement: new text end 173.8     new text begin (1) the commissioner may, effective 14 days after the municipality's receipt of new text end 173.9 new text begin written notice, terminate the agreement and have the administration and enforcement of new text end 173.10 new text begin the high pressure piping code in the involved municipality undertaken by the department; new text end 173.11     new text begin (2) the municipality may challenge the termination in a contested case before the new text end 173.12 new text begin commissioner pursuant to the Administrative Procedure Act; and new text end 173.13     new text begin (3) while any challenge under clause (2) is pending, the commissioner may exercise new text end 173.14 new text begin oversight of the municipality to the extent needed to ensure that high pressure piping new text end 173.15 new text begin inspections are performed and permits are issued in accordance with the high pressure new text end 173.16 new text begin piping laws. new text end 173.17     new text begin (r) The municipality and the commissioner agree that the municipality may terminate new text end 173.18 new text begin the agreement with or without cause on 90 days' written notice to the commissioner. new text end 173.19     new text begin (s) The municipality and the commissioner agree that no municipality shall new text end 173.20 new text begin revoke, suspend, or place restrictions on any high pressure piping license issued by the new text end 173.21 new text begin commissioner. If the municipality identifies during an inspection any violation that new text end 173.22 new text begin may warrant revocation, suspension, or placement of restrictions on a high pressure new text end 173.23 new text begin piping license issued by the commissioner, the municipality shall promptly notify the new text end 173.24 new text begin commissioner of the violation and the commissioner shall determine whether revocation, new text end 173.25 new text begin suspension, or placement of restrictions on any high pressure piping license issued by new text end 173.26 new text begin the commissioner is appropriate. new text end 173.27    Subd. 5. Reporting of permits issued. Each municipality must submit to the 173.28Department of Labor and Industry a copy of each permit issued within ten days after 173.29issuance. 173.30    All permits must be issued on forms prescribed by or approved by the Department of 173.31Labor and Industry. 173.32    Subd. 6. Filing and inspection fees. new text begin (a) new text end The department of Labor and Industry must 173.33charge a filing fee set by the commissioner under section new text begin and an inspection fee new text end 173.34for all applications for permits to construct or install high pressure piping systems. The 173.35 new text begin filing new text end fee for inspection of high pressure piping system construction or installation shall 174.1be set by the commissioner under section new text begin $100 new text end . This subdivision does new text begin The new text end 174.2 new text begin inspection fee shall be calculated as follows. new text end 174.3     new text begin (1) When an application for a permit is filed prior to the start of construction or new text end 174.4 new text begin installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus new text end 174.5 new text begin 0.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of new text end 174.6 new text begin construction or installation. new text end 174.7     new text begin (2) Except as provided in paragraph (b), when an application for permit is filed after new text end 174.8 new text begin the start of construction or installation, the inspection fee shall be the greater of: $1,100; new text end 174.9 new text begin or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011 new text end 174.10 new text begin of the amount over $3,000,000 of the cost of construction or installation. new text end 174.11     new text begin (b) The commissioner shall consider any extenuating circumstances that caused an new text end 174.12 new text begin application for permit to be filed after the start of construction or installation. If warranted new text end 174.13 new text begin by such extenuating circumstances, the commissioner may calculate the inspection fee as new text end 174.14 new text begin if the application for permit had been filed prior to the start of construction or installation. new text end 174.15     new text begin (c) Paragraphs (a) and (b) do new text end not apply where a permit is issued by a municipality 174.16complying new text begin in accordance new text end with new text begin an agreement under new text end subdivision 2. 174.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that new text end 174.18 new text begin subdivision 6 is effective July 1, 2007. new text end 174.19    Sec. 8. Minnesota Statutes 2006, section 326.48, is amended to read: 174.20326.48 LICENSING new text begin AND REGISTRATION new text end . 174.21    Subdivision 1. License required; rules; time credit. No person new text begin individual new text end shall 174.22engage in or work at the business of a contracting new text begin high pressure new text end pipefitter unless issued an 174.23individual contracting new text begin high pressure new text end pipefitter license to do so by the department of Labor 174.24and Industry new text begin under rules adopted by the board new text end . No license shall be required for repairs 174.25on existing installations. No person new text begin individual new text end shall engage in or work at the business of 174.26journeyman pipefitter unless issued an individual journeyman new text begin high pressure new text end pipefitter 174.27competency license to do so by the department of Labor and Industry new text begin under rules adopted new text end 174.28 new text begin by the board new text end . A person possessing an individual contracting new text begin high pressure new text end pipefitter 174.29competency license may also work as a journeyman new text begin high pressure new text end pipefitter. 174.30    No person, partnership, firm, or corporation shall new text begin construct or new text end install high pressure 174.31piping, nor install high pressure piping in connection with the dealing in and selling 174.32of high pressure pipe material and supplies, unless, at all times, a person new text begin an individual new text end 174.33possessing a contracting new text begin high pressure new text end pipefitter individual competency license or a 174.34journeyman new text begin high pressure new text end pipefitter individual competency license is responsible for new text begin new text end 175.1 new text begin ensuring that new text end the high pressure pipefitting work conducted by the person, partnership, firm, 175.2or corporation being new text begin is new text end in conformity with Minnesota Statutes and Minnesota Rules. 175.3    The department of Labor and Industry new text begin board new text end shall prescribe rules, not inconsistent 175.4herewith, for the examination and individual competency licensing of contracting new text begin high new text end 175.5 new text begin pressure new text end pipefitters and journeyman new text begin high pressure new text end pipefitters and for issuance of permits 175.6by the department and municipalities for the installation of high pressure piping. 175.7    An employee performing the duties of inspector for the department of Labor and 175.8Industry in regulating pipefitting shall not receive time credit for the inspection duties 175.9when making an application for a license required by this section. 175.10    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 175.11for high pressure piping work, a person, partnership, firm, or corporation must obtain or 175.12utilize a business with a high pressure piping business license. 175.13    A person, partnership, firm, or corporation must have at all times as a full-time 175.14employee at least one individual holding an individual contracting new text begin high pressure new text end pipefitter 175.15competency license. Only full-time employees who hold individual contracting new text begin high new text end 175.16 new text begin pressure new text end pipefitter licenses are authorized to obtain high pressure piping permits in the 175.17name of the business. The individual contracting new text begin high pressure new text end pipefitter competency 175.18license holder can be the employee of only one high pressure piping business at a time. 175.19    To retain its business license without reapplication, a person, partnership, firm, 175.20or corporation holding a high pressure piping business license that ceases to employ a 175.21person new text begin an individual new text end holding an individual contracting new text begin high pressure new text end pipefitter competency 175.22license shall have 60 days from the last day of employment of its previous individual 175.23contracting pipefitter competency license holder to employ another license holder. The 175.24department of Labor and Industry must be notified no later than five days after the last day 175.25of employment of the previous license holder. 175.26    No high pressure pipefitting work may be performed during any period when the 175.27high pressure pipefitting business does not have an individual contracting new text begin high pressure new text end 175.28pipefitter competency license holder on staff. If a license holder is not employed within 175.2960 days new text begin after the last day of employment of the previous license holder new text end , the pipefitting 175.30business license shall lapse. 175.31    The department of Labor and Industry new text begin board new text end shall prescribe by rule procedures for 175.32application for and issuance of business licenses and fees. 175.33     new text begin Subd. 2a. new text end new text begin Registration requirement. new text end new text begin All unlicensed individuals, other than new text end 175.34 new text begin pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure new text end 175.35 new text begin piping business shall employ an unlicensed individual to assist in the practical construction new text end 175.36 new text begin and installation of high pressure piping and appurtenances unless the unlicensed individual new text end 176.1 new text begin is registered with the department. A pipefitter apprentice or registered unlicensed new text end 176.2 new text begin individual employed by a high pressure piping business may assist in the practical new text end 176.3 new text begin construction and installation of high pressure piping and appurtenances only while under new text end 176.4 new text begin direct supervision of a licensed individual contracting high pressure pipefitter or licensed new text end 176.5 new text begin journeyman high pressure pipefitter employed by the same high pressure piping business. new text end 176.6 new text begin The licensed individual contracting high pressure pipefitter or licensed journeyman high new text end 176.7 new text begin pressure pipefitter shall supervise no more than two pipefitter apprentices or registered new text end 176.8 new text begin unlicensed individuals. The licensed individual contracting high pressure pipefitter or new text end 176.9 new text begin journeyman high pressure pipefitter is responsible for ensuring that all high pressure new text end 176.10 new text begin piping work performed by the pipefitter apprentice or registered unlicensed individual new text end 176.11 new text begin complies with Minnesota Statutes and Minnesota Rules. new text end 176.12     new text begin Subd. 2b. new text end new text begin Registration with commissioner. new text end new text begin An unlicensed individual may new text end 176.13 new text begin register to assist in the practical construction and installation of high pressure piping new text end 176.14 new text begin and appurtenances while in the employ of a licensed high pressure piping business by new text end 176.15 new text begin completing and submitting to the commissioner a registration form provided by the new text end 176.16 new text begin commissioner. The Board of High Pressure Piping Systems may prescribe rules, not new text end 176.17 new text begin inconsistent with this section, for the registration of unlicensed individuals. new text end 176.18     new text begin An unlicensed individual applying for initial registration shall pay the department an new text end 176.19 new text begin application fee of $50. Applications for initial registration may be submitted at any time. new text end 176.20 new text begin Registration must be renewed annually and shall be valid for one calendar year beginning new text end 176.21 new text begin January 1. Applications for renewal registration must be submitted to the commissioner new text end 176.22 new text begin before December 31 of each registration period on forms provided by the commissioner, new text end 176.23 new text begin and must be accompanied by a fee of $50. There shall be no refund of fees paid. new text end 176.24    Subd. 3. Bond. The new text begin As a condition of licensing, each new text end applicant for a high pressure 176.25piping business license or renewal shall give bond to the state in the total penal sum of 176.26$15,000 conditioned upon the faithful and lawful performance of all work entered upon new text begin new text end 176.27 new text begin contracted for or performed new text end within the state. The bond shall run to and be for the benefit of 176.28persons injured or suffering financial loss by reason of failure of payment or performance. 176.29Claims and actions on the bond may be brought according to sections 574.26 to 574.38. 176.30    The term of the bond must be concurrent with the term of the high pressure 176.31pipefitting business license and run without interruption from the date of the issuance of 176.32the license to the end of the calendar year. All high pressure pipefitting business licenses 176.33must be annually renewed on a calendar year basis. 176.34    The bond must be filed with the department of Labor and Industry and shall be 176.35in lieu of any other business license bonds required by any political subdivision for 177.1high pressure pipefitting. The bond must be written by a corporate surety licensed to 177.2do business in the state. 177.3    Subd. 4. Insurance. In addition to the bond described in subdivision 3, each 177.4applicant for a high pressure pipefitting business license or renewal shall have in force 177.5public liability insurance, including products liability insurance, with limits of at least 177.6$100,000 per person and $300,000 per occurrence and property damage insurance with 177.7limits of at least $50,000. 177.8    The insurance must be kept in force for the entire term of the high pressure 177.9pipefitting business license, and the license shall be suspended by the department if at any 177.10time the insurance is not in force. 177.11    The insurance must be written by an insurer licensed to do business in the state and 177.12shall be in lieu of any other insurance required by any subdivision of government for 177.13high pressure pipefitting. Each person, partnership, firm, or corporation holding a high 177.14pressure pipefitting business new text begin license new text end shall maintain on file with the department a certificate 177.15evidencing the insurance. Any purported cancellation of insurance shall not be effective 177.16without the insurer first giving 30 days' written notice to the department. 177.17    Subd. 5. new text begin License new text end fee. The state department of Labor and Industry may new text begin shall new text end charge 177.18each applicant for a high pressure pipefitting business license or for a renewal of a high 177.19pressure pipefitting business license and an additional fee commensurate with the cost of 177.20administering the bond and insurance requirements of subdivisions 3 and 4. new text begin the following new text end 177.21 new text begin license fees: new text end 177.22     new text begin (a) application for journeyman high pressure piping pipefitter competency license, new text end 177.23 new text begin $120; new text end 177.24     new text begin (b) renewal of journeyman high pressure piping pipefitter competency license, $80; new text end 177.25     new text begin (c) application for contracting high pressure piping pipefitter competency license, new text end 177.26 new text begin $270; new text end 177.27     new text begin (d) renewal of contracting high pressure piping pipefitter competency license, $240; new text end 177.28     new text begin (e) application for high pressure piping business license, $450; new text end 177.29     new text begin (f) application to inactivate a contracting high pressure piping pipefitter competency new text end 177.30 new text begin license or inactivate a journeyman high pressure piping pipefitter competency license, new text end 177.31 new text begin $40; and new text end 177.32     new text begin (g) renewal of an inactive contracting high pressure piping pipefitter competency new text end 177.33 new text begin license or inactive journeyman high pressure piping pipefitter competency license, $40. new text end 177.34     new text begin If an application for renewal of an active or inactive journeyman high pressure new text end 177.35 new text begin piping pipefitter competency license or active or inactive contracting high pressure piping new text end 178.1 new text begin competency license is received by the department after the date of expiration of the new text end 178.2 new text begin license, a $30 late renewal fee shall be added to the license renewal fee. new text end 178.3     new text begin Payment must accompany the application for a license or renewal of a license. There new text end 178.4 new text begin shall be no refund of fees paid. new text end 178.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective December 1, 2007, except that new text end 178.6 new text begin subdivisions 2a, 2b, and 5 are effective July 1, 2007. new text end 178.7    Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read: 178.8326.50 new text begin LICENSE new text end APPLICATION; FEES new text begin AND RENEWAL new text end . 178.9    Application for an individual contracting new text begin high pressure new text end pipefitter competency or an 178.10individual journeyman new text begin high pressure new text end pipefitter competency license shall be made to the 178.11department of Labor and Industry, with fees. The applicant shall be licensed only after 178.12passing an examination new text begin developed and administered new text end by the department of Labor and 178.13Industry new text begin in accordance with rules adopted by the board new text end . new text begin A competency license issued by new text end 178.14 new text begin the department shall expire on December 31 of each year. A renewal application must be new text end 178.15 new text begin received by the department within one year after expiration of the competency license. A new text end 178.16 new text begin license that has been expired for more than one year cannot be renewed, and can only be new text end 178.17 new text begin reissued if the applicant submits a new application for the competency license, pays a new new text end 178.18 new text begin application fee, and retakes and passes the applicable license examination. new text end 178.19    Sec. 10. new text begin [326.505] BOARD OF HIGH PRESSURE PIPING SYSTEMS. new text end 178.20     new text begin Subdivision 1. new text end new text begin Composition. new text end new text begin (a) The Board of High Pressure Piping Systems new text end 178.21 new text begin shall consist of 12 members. Eleven members shall be appointed by the governor with new text end 178.22 new text begin the advice and consent of the senate and shall be voting members. Appointments of new text end 178.23 new text begin members by the governor shall be made in accordance with section 15.066. If the senate new text end 178.24 new text begin votes to refuse to consent to an appointment of a member made by the governor, the new text end 178.25 new text begin governor shall appoint a new member with the advice and consent of the senate. One new text end 178.26 new text begin member shall be the commissioner of labor and industry or the commissioner of labor and new text end 178.27 new text begin industry's designee, who shall be a voting member. Of the 11 appointed members, the new text end 178.28 new text begin composition shall be as follows: new text end 178.29     new text begin (1) one member shall be a high pressure piping inspector; new text end 178.30     new text begin (2) one member shall be a licensed mechanical engineer; new text end 178.31     new text begin (3) one member shall be a representative of the high pressure piping industry; new text end 178.32     new text begin (4) four members shall be high pressure piping contractors engaged in the scope of new text end 178.33 new text begin high pressure piping, two from the metropolitan area and two from greater Minnesota; new text end 179.1     new text begin (5) two members shall be high pressure piping journeymen engaged in the scope new text end 179.2 new text begin of high pressure piping systems installation, one from the metropolitan area and one new text end 179.3 new text begin from greater Minnesota; new text end 179.4     new text begin (6) one member shall be a representative of industrial companies that use high new text end 179.5 new text begin pressure piping systems in their industrial process; and new text end 179.6     new text begin (7) one member shall be a representative from utility companies in Minnesota. new text end 179.7     new text begin The high pressure piping inspector shall be appointed for a term to end December new text end 179.8 new text begin 31, 2011. The professional mechanical engineer shall be appointed for a term to end new text end 179.9 new text begin December 31, 2010. The representative of the high pressure piping industry shall be new text end 179.10 new text begin appointed for a term to end December 31, 2011. Two of the high pressure piping new text end 179.11 new text begin contractors shall be appointed for a term to end December 31, 2011. The other two high new text end 179.12 new text begin pressure piping contractors shall be appointed for a term to end December 31, 2010. One new text end 179.13 new text begin of the high pressure piping journeymen shall be appointed for a term to end December 31, new text end 179.14 new text begin 2011. The other high pressure piping journeyman shall be appointed for a term to end new text end 179.15 new text begin December 31, 2010. The one representative of industrial companies that use high pressure new text end 179.16 new text begin piping systems in their industrial process shall be appointed for a term to end December new text end 179.17 new text begin 31, 2010. The one representative of a utility company in Minnesota shall be appointed for new text end 179.18 new text begin a term to end December 31, 2010. new text end 179.19     new text begin (b) The licensed professional mechanical engineer must possess a current Minnesota new text end 179.20 new text begin professional engineering license and maintain the license for the duration of their term. new text end 179.21 new text begin All other appointed members, except for the representative of the piping industry, the new text end 179.22 new text begin representative of industrial companies that use high pressure piping systems, and the new text end 179.23 new text begin representative of public utility companies in Minnesota, must possess a current high new text end 179.24 new text begin pressure piping license issued by the Department of Labor and Industry and maintain new text end 179.25 new text begin that license for the duration of their term. All appointed members must be residents of new text end 179.26 new text begin Minnesota at the time of and throughout the member's appointment. The term of any new text end 179.27 new text begin appointed member that does not maintain membership qualification status shall end on the new text end 179.28 new text begin date of status change and the governor shall appoint a new member. It is the responsibility new text end 179.29 new text begin of the member to notify the board of the member's status change. new text end 179.30     new text begin (c) For appointed members, except the initial terms designated in paragraph (a), each new text end 179.31 new text begin term shall be three years with the terms ending on December 31. Members appointed by new text end 179.32 new text begin the governor shall be limited to three consecutive terms. The governor shall, all or in part, new text end 179.33 new text begin reappoint the current members or appoint replacement members with the advice and new text end 179.34 new text begin consent of the senate. Midterm vacancies shall be filled for the remaining portion of the new text end 179.35 new text begin term. Vacancies occurring with less than six months time remaining in the term shall be new text end 179.36 new text begin filled for the existing term and the following three-year term. Members may serve until new text end 180.1 new text begin their successors are appointed but in no case later than July 1 in a year in which the term new text end 180.2 new text begin expires unless reappointed. new text end 180.3     new text begin Subd. 2. new text end new text begin Powers; duties; administrative support. new text end new text begin (a) The board shall have the new text end 180.4 new text begin power to: new text end 180.5     new text begin (1) elect its chair, vice-chair, and secretary; new text end 180.6     new text begin (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, new text end 180.7 new text begin and containing such other provisions as may be useful and necessary for the efficient new text end 180.8 new text begin conduct of the business of the board; new text end 180.9     new text begin (3) adopt the high pressure piping code that must be followed in this state and any new text end 180.10 new text begin high pressure piping code amendments thereto. The board shall adopt the high pressure new text end 180.11 new text begin piping code and any amendments thereto pursuant to chapter 14, and as provided in new text end 180.12 new text begin subdivision 6, paragraphs (b), (c), and (d); new text end 180.13     new text begin (4) review requests for final interpretations and issue final interpretations as provided new text end 180.14 new text begin in section 16B.63, subdivision 5; new text end 180.15     new text begin (5) except for rules regulating continuing education, adopt rules that regulate the new text end 180.16 new text begin licensure or registration of high pressure piping contractors, journeymen, and other new text end 180.17 new text begin persons engaged in the design, installation, and alteration of high pressure piping systems, new text end 180.18 new text begin except for those individuals licensed under section 326.02, subdivisions 2 and 3. The new text end 180.19 new text begin board shall adopt these rules pursuant to chapter 14 and as provided in subdivision new text end 180.20 new text begin 6, paragraphs (e) and (f); new text end 180.21     new text begin (6) advise the commissioner regarding educational requirements for high pressure new text end 180.22 new text begin piping inspectors; new text end 180.23     new text begin (7) refer complaints or other communications to the commissioner, whether oral or new text end 180.24 new text begin written, as provided in subdivision 7 that alleges or implies a violation of a statute, rule, or new text end 180.25 new text begin order that the commissioner has the authority to enforce pertaining to code compliance, new text end 180.26 new text begin licensure, or an offering to perform or performance of unlicensed high pressure piping new text end 180.27 new text begin services; new text end 180.28     new text begin (8) approve per diem and expenses deemed necessary for its members as provided in new text end 180.29 new text begin subdivision 3; new text end 180.30     new text begin (9) select from its members individuals to serve on any other state advisory council, new text end 180.31 new text begin board, or committee; new text end 180.32     new text begin (10) recommend the fees for licenses and certifications; and new text end 180.33     new text begin (11) approve license reciprocity agreements. new text end 180.34     new text begin Except for the powers granted to the Plumbing Board, Board of Electricity, and the new text end 180.35 new text begin Board of High Pressure Piping, the commissioner of labor and industry shall administer new text end 180.36 new text begin and enforce the provisions of this chapter and any rules promulgated pursuant thereto. new text end 181.1     new text begin (b) The board shall comply with section 15.0597, subdivisions 2 and 4. new text end 181.2     new text begin (c) The commissioner shall coordinate the board's rulemaking and recommendations new text end 181.3 new text begin with the recommendations and rulemaking conducted by the other boards created pursuant new text end 181.4 new text begin to chapter 326B. The commissioner shall provide staff support to the board. The support new text end 181.5 new text begin includes professional, legal, technical, and clerical staff necessary to perform rulemaking new text end 181.6 new text begin and other duties assigned to the board. The commissioner of labor and industry shall new text end 181.7 new text begin supply necessary office space and supplies to assist the board in its duties. new text end 181.8     new text begin Subd. 3. new text end new text begin Compensation. new text end new text begin (a) Members of the board may be compensated at the rate new text end 181.9 new text begin of $55 a day spent on board activities, when authorized by the board, plus expenses in new text end 181.10 new text begin the same manner and amount as authorized by the commissioner's plan adopted under new text end 181.11 new text begin section 43A.18, subdivision 2. Members who, as a result of time spent attending board new text end 181.12 new text begin meetings, incur child care expenses that would not otherwise have been incurred, may be new text end 181.13 new text begin reimbursed for those expenses upon board authorization. new text end 181.14     new text begin (b) Members who are state employees or employees of the political subdivisions new text end 181.15 new text begin of the state must not receive the daily payment for activities that occur during working new text end 181.16 new text begin hours for which they are compensated by the state or political subdivision. However, a new text end 181.17 new text begin state or political subdivision employee may receive the daily payment if the employee new text end 181.18 new text begin uses vacation time or compensatory time accumulated in accordance with a collective new text end 181.19 new text begin bargaining agreement or compensation plan for board activities. Members who are state new text end 181.20 new text begin employees or employees of the political subdivisions of the state may receive the expenses new text end 181.21 new text begin provided for in this subdivision unless the expenses are reimbursed by another source. new text end 181.22 new text begin Members who are state employees or employees of political subdivisions of the state new text end 181.23 new text begin may be reimbursed for child care expenses only for time spent on board activities that new text end 181.24 new text begin are outside their working hours. new text end 181.25     new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent new text end 181.26 new text begin on board activities for purposes of making daily payments under this subdivision. new text end 181.27     new text begin Subd. 4. new text end new text begin Removal; vacancies. new text end new text begin (a) An appointed member of the board may be new text end 181.28 new text begin removed by the governor at any time (1) for cause, after notice and hearing, or (2) after new text end 181.29 new text begin missing three consecutive meetings. The chair of the board shall inform the governor of an new text end 181.30 new text begin appointed member missing the three consecutive meetings. After the second consecutive new text end 181.31 new text begin missed meeting and before the next meeting, the secretary of the board shall notify the new text end 181.32 new text begin appointed member in writing that the member may be removed for missing the next new text end 181.33 new text begin meeting. In the case of a vacancy on the board, the governor shall, with the advice new text end 181.34 new text begin and consent of the senate, appoint a person to fill the vacancy for the remainder of the new text end 181.35 new text begin unexpired term. new text end 181.36     new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6. new text end 182.1     new text begin Subd. 5. new text end new text begin Membership vacancies within three months of appointment. new text end 182.2     new text begin Notwithstanding any law to the contrary, when a membership on the board becomes new text end 182.3 new text begin vacant within three months after being filled through the appointments process, the new text end 182.4 new text begin governor may, upon notification to the Office of Secretary of State, choose a new member new text end 182.5 new text begin from the applications on hand and need not repeat the process. new text end 182.6     new text begin Subd. 6. new text end new text begin Officers, quorum, voting. new text end new text begin (a) The board shall elect annually from its new text end 182.7 new text begin members a chair, vice-chair, and secretary. A quorum of the board shall consist of a new text end 182.8 new text begin majority of members of the board qualified to vote on the matter in question. All questions new text end 182.9 new text begin concerning the manner in which a meeting is conducted or called that is not covered new text end 182.10 new text begin by statute shall be determined by Robert's Rules of Order (revised) unless otherwise new text end 182.11 new text begin specified by the bylaws. new text end 182.12     new text begin (b) Except as provided in paragraph (c), each high pressure piping code amendment new text end 182.13 new text begin considered by the board that receives an affirmative two-thirds or more majority vote of new text end 182.14 new text begin all the voting members of the board shall be included in the next high pressure piping code new text end 182.15 new text begin rulemaking proceeding initiated by the board. If a high pressure piping code amendment new text end 182.16 new text begin considered, or reconsidered, by the board receives less than a two-thirds majority vote new text end 182.17 new text begin of all the voting members of the board, the high pressure piping code amendment shall new text end 182.18 new text begin not be included in the next high pressure piping code rulemaking proceeding initiated new text end 182.19 new text begin by the board. new text end 182.20     new text begin (c) If the high pressure piping code amendment considered by the board is to replace new text end 182.21 new text begin the Minnesota High Pressure Piping Code with a model high pressure piping code, then new text end 182.22 new text begin the amendment may only be included in the next high pressure piping code rulemaking new text end 182.23 new text begin proceeding if it receives an affirmative two-thirds or more majority vote of all the voting new text end 182.24 new text begin members of the board. new text end 182.25     new text begin (d) The board may reconsider high pressure piping code amendments during new text end 182.26 new text begin an active high pressure piping code rulemaking proceeding in which the amendment new text end 182.27 new text begin previously failed to receive a two-thirds majority vote or more of all the voting members new text end 182.28 new text begin of the board only if new or updated information that affects the high pressure piping code new text end 182.29 new text begin amendment is presented to the board. The board may also reconsider failed high pressure new text end 182.30 new text begin piping code amendments in subsequent high pressure piping code rulemaking proceedings. new text end 182.31     new text begin (e) Each proposed rule and rule amendment considered by the board pursuant to the new text end 182.32 new text begin rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an new text end 182.33 new text begin affirmative majority vote of all the voting members of the board shall be included in the new text end 182.34 new text begin next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment new text end 182.35 new text begin considered, or reconsidered, by the board receives less than an affirmative majority vote of new text end 183.1 new text begin all the voting members of the board, the proposed rule or rule amendment shall not be new text end 183.2 new text begin included in the next rulemaking proceeding initiated by the board. new text end 183.3     new text begin (f) The board may reconsider the proposed rule or rule amendment during an new text end 183.4 new text begin active rulemaking proceeding in which the amendment previously failed to receive an new text end 183.5 new text begin affirmative majority vote of all the voting members of the board only if new or updated new text end 183.6 new text begin information that affects the proposed rule or rule amendment is presented to the board. new text end 183.7 new text begin The board may also reconsider failed proposed rules or rule amendments in subsequent new text end 183.8 new text begin rulemaking proceedings. new text end 183.9     new text begin Subd. 7. new text end new text begin Board meetings. new text end new text begin (a) The board shall hold meetings at such times as the new text end 183.10 new text begin board shall specify. Notice and conduct of all meetings shall be pursuant to Minnesota new text end 183.11 new text begin Statutes, chapter 13D, and in such a manner as the bylaws may provide. new text end 183.12     new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a new text end 183.13 new text begin meeting of its members by telephone or other electronic means so long as the following new text end 183.14 new text begin conditions are met: new text end 183.15     new text begin (1) all members of the board participating in the meeting, wherever their physical new text end 183.16 new text begin location, can hear one another and can hear all discussion and testimony; new text end 183.17     new text begin (2) members of the public present at the regular meeting location of the board can new text end 183.18 new text begin hear clearly all discussion and testimony and all votes of members of the board and, if new text end 183.19 new text begin needed, receive those services required by sections 15.44 and 15.441; new text end 183.20     new text begin (3) at least one member of the board is physically present at the regular meeting new text end 183.21 new text begin location; and new text end 183.22     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 183.23 new text begin identified and recorded. new text end 183.24     new text begin Each member of the board participating in a meeting by telephone or other electronic new text end 183.25 new text begin means is considered present at the meeting for purposes of determining a quorum and new text end 183.26 new text begin participating in all proceedings. new text end 183.27     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 183.28 new text begin emergency meeting, the board, to the extent practical, shall allow a person to monitor new text end 183.29 new text begin the meeting electronically from a remote location. The board may require the person new text end 183.30 new text begin making such a connection to pay for documented costs that the board incurs as a result of new text end 183.31 new text begin the additional connection. new text end 183.32     new text begin If telephone or other electronic means is used to conduct a regular, special, or new text end 183.33 new text begin emergency meeting, the board shall provide notice of the regular meeting location, of the new text end 183.34 new text begin fact that some members may participate by telephone or other electronic means, and that new text end 183.35 new text begin a person may monitor the meeting electronically from a remote location. Any person new text end 183.36 new text begin monitoring the meeting electronically from a remote location may be required to pay new text end 184.1 new text begin documented costs incurred by the board as a result of the additional connection. The new text end 184.2 new text begin timing and method of providing notice is governed by section 13D.04. new text end 184.3     new text begin Subd. 8. new text end new text begin Complaints. new text end new text begin (a) The board shall promptly forward to the commissioner new text end 184.4 new text begin the substance of any complaint or communication it receives, whether written or oral, new text end 184.5 new text begin that alleges or implies a violation of a statute, rule, or order that the commissioner has new text end 184.6 new text begin the authority to enforce pertaining to the license or registration of any person authorized new text end 184.7 new text begin by the department to provide high pressure piping services, the performance or offering new text end 184.8 new text begin to perform high pressure piping services requiring licensure by an unlicensed person, or new text end 184.9 new text begin high pressure code compliance. Each complaint or communication that is forwarded to the new text end 184.10 new text begin commissioner shall be submitted on a form provided by the commissioner. new text end 184.11     new text begin (b) The commissioner shall advise the board of the status of the complaint within 90 new text end 184.12 new text begin days after the board's written submission is received, or within 90 days after the board new text end 184.13 new text begin is provided with a written request for additional information or documentation from the new text end 184.14 new text begin commissioner or the commissioner's designee, whichever is later. The commissioner shall new text end 184.15 new text begin advise the board of the disposition of a complaint referred by the board within 180 days new text end 184.16 new text begin after the board's written submission is received. The commissioner shall annually report to new text end 184.17 new text begin the board a summary of the actions taken in response to complaints referred by the board. new text end 184.18     new text begin Subd. 9. new text end new text begin Data practices act. new text end new text begin The board is subject to Minnesota Statutes, chapter 13, new text end 184.19 new text begin the Minnesota Government Data Practices Act, and shall protect from unlawful disclosure new text end 184.20 new text begin data classified as not public. new text end 184.21     new text begin Subd. 10. new text end new text begin Official records. new text end new text begin The board shall make and preserve all records necessary new text end 184.22 new text begin to a full and accurate knowledge of its official activities in accordance with section 15.17. new text end 184.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 184.24    Sec. 11. new text begin REVISOR'S INSTRUCTION. new text end 184.25     new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in new text end 184.26 new text begin column A with the number listed in column B. The revisor shall also make necessary new text end 184.27 new text begin cross-reference changes consistent with the renumbering. new text end 184.28 new text begin Column A new text end new text begin Column B new text end 184.29 new text begin 326.46 new text end new text begin 326B.90 new text end 184.30 new text begin 326.461 new text end new text begin 326B.91 new text end 184.31 new text begin 326.47 new text end new text begin 326B.92 new text end 184.32 new text begin 326.48 new text end new text begin 326B.93 new text end 184.33 new text begin 326.50 new text end new text begin 326B.94 new text end 185.1ARTICLE 11 185.2APPRENTICESHIP BOARD 185.3    Section 1. Minnesota Statutes 2006, section 178.01, is amended to read: 185.4178.01 PURPOSES. 185.5    The purposes of this chapter are: to open to young people regardless of race, sex, 185.6creed, color or national origin, the opportunity to obtain training that will equip them for 185.7profitable employment and citizenship; to establish as a means to this end, a program 185.8of voluntary apprenticeship under approved apprentice agreements providing facilities 185.9for their training and guidance in the arts, skills, and crafts of industry and trade, with 185.10concurrent, supplementary instruction in related subjects; to promote employment 185.11opportunities under conditions providing adequate training and reasonable earnings; 185.12to relate the supply of skilled workers to employment demands; to establish standards 185.13for apprentice training; to establish an Apprenticeship Advisory Council new text begin Board new text end and 185.14apprenticeship committees to assist in effectuating the purposes of this chapter; to provide 185.15for a Division of Labor Standards and Apprenticeship within the Department of Labor 185.16and Industry; to provide for reports to the legislature regarding the status of apprentice 185.17training in the state; to establish a procedure for the determination of apprentice agreement 185.18controversies; and to accomplish related ends. 185.19    Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read: 185.20178.02 APPRENTICESHIP ADVISORY COUNCIL new text begin BOARD new text end . 185.21    Subdivision 1. Members. The commissioner of labor and industry, hereinafter 185.22called the commissioner, shall appoint an Apprenticeship Advisory Council new text begin Board new text end , 185.23hereinafter referred to as the council new text begin board new text end , composed of three representatives each from 185.24employer and employee organizations, and two representatives of the general public. The 185.25director of education responsible for career and technical education or designee shall be an 185.26ex officio member of the council new text begin board new text end and shall serve in an advisory capacity only. 185.27    Subd. 2. Terms. The council new text begin board new text end shall expire and the terms, compensation, and 185.28removal of appointed members shall be as provided in section 15.059, except that the 185.29council shall not expire before June 30, 2003. 185.30    Subd. 4. Duties. The council new text begin board new text end shall meet at the call of the commissioner. It 185.31shall propose occupational classifications for apprenticeship programs; propose minimum 185.32standards for apprenticeship programs and agreements; and advise on the establishment 186.1of such policies, procedures, and rules as the commissioner new text begin board new text end deems necessary in 186.2implementing the intent of this chapter. 186.3    Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read: 186.4    Subd. 3. Duties and functions. The director, under the supervision of the 186.5commissioner, and with the advice new text begin and consultation new text end of the Apprenticeship Advisory 186.6Council new text begin Board new text end , is authorized: to administer the provisions of this chapter; to promote 186.7apprenticeship and other forms of on the job training; to establish, in cooperation new text begin and new text end 186.8 new text begin consultation new text end with the Apprenticeship Advisory Council new text begin Board new text end and with the apprenticeship 186.9committees, conditions and training standards for the approval of apprenticeship programs 186.10and agreements, which conditions and standards shall in no case be lower than those 186.11prescribed by this chapter; to promote equal employment opportunity in apprenticeship 186.12and other on the job training and to establish a Minnesota plan for equal employment 186.13opportunity in apprenticeship which shall be consistent with standards established 186.14under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of 186.15registration to sponsors of approved apprenticeship programs; to act as secretary of the 186.16Apprenticeship Advisory Council new text begin Board new text end ; to approve, if of the opinion that approval is 186.17for the best interest of the apprentice, any apprenticeship agreement which meets the 186.18standards established hereunder; to terminate any apprenticeship agreement in accordance 186.19with the provisions of such agreement; to keep a record of apprenticeship agreements and 186.20their disposition; to issue certificates of completion of apprenticeship; and to perform 186.21such other duties as the commissioner deems necessary to carry out the intent of this 186.22chapter; provided, that the administration and supervision of supplementary instruction in 186.23related subjects for apprentices; coordination of instruction on a concurrent basis with 186.24job experiences, and the selection and training of teachers and coordinators for such 186.25instruction shall be the function of state and local boards responsible for vocational 186.26education. The director shall have the authority to make wage determinations applicable 186.27to the graduated schedule of wages and journeyman wage rate for apprenticeship 186.28agreements, giving consideration to the existing wage rates prevailing throughout the 186.29state, except that no wage determination by the director shall alter an existing wage 186.30provision for apprentices or journeymen that is contained in a bargaining agreement in 186.31effect between an employer and an organization of employees, nor shall the director 186.32make any determination for the beginning rate for an apprentice that is below the wage 186.33minimum established by federal or state law. 186.34    Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read: 187.1    Subdivision 1. Rules. The commissioner may, upon receipt of the council's new text begin board's new text end 187.2proposals, accept, adopt, and issue them by rule with any modifications or amendments 187.3the commissioner finds appropriate. The commissioner may refer them back to the 187.4council new text begin board new text end with recommendations for further study, consideration and revision. new text begin If new text end 187.5 new text begin the commissioner refuses to accept, adopt, and issue by rule or other appropriate action new text end 187.6 new text begin a board proposal, the commissioner must provide a written explanation of the reason new text end 187.7 new text begin for the refusal to the board within 30 days after the board submitted the proposal to the new text end 187.8 new text begin commissioner. new text end Additional rules may be issued as the commissioner may deem necessary. 187.9ARTICLE 12 187.10CONFORMING CHANGES 187.11    Section 1. Minnesota Statutes 2006, section 31.175, is amended to read: 187.1231.175 WATER, PLUMBING, AND SEWAGE. 187.13    A person who is required by statutes administered by the Department of Agriculture, 187.14or by rules adopted pursuant to those statutes, to provide a suitable water supply, or 187.15plumbing or sewage disposal system, may not engage in the business of manufacturing, 187.16processing, selling, handling, or storing food at wholesale or retail unless the person's 187.17water supply is satisfactory under plumbing codes adopted by the Department of Health 187.18 new text begin Labor and Industry new text end and the person's sewage disposal system satisfies the rules of the 187.19Pollution Control Agency. 187.20    Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read: 187.21    Subd. 3. Construction requirements. (a) Withdrawal and reinjection for the 187.22groundwater thermal exchange device must be accomplished by a closed system in which 187.23the waters drawn for thermal exchange do not have contact or commingle with water 187.24from other sources or with polluting material or substances. The closed system must be 187.25constructed to allow an opening for inspection by the commissioner. 187.26    (b) Wells that are part of a groundwater thermal exchange system may not serve 187.27another function, except water may be supplied to the domestic water system if: 187.28    (1) the supply is taken from the thermal exchange system ahead of the heat exchange 187.29unit; and 187.30    (2) the domestic water system is protected by an airgap or backflow prevention 187.31device as described in rules relating to plumbing enforced by the commissioner new text begin of labor new text end 187.32 new text begin and industry new text end . 188.1    (c) A groundwater thermal exchange system may be used for domestic water heating 188.2only if the water heating device is an integral part of the heat exchange unit that is used for 188.3space heating and cooling. 188.4    Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read: 188.5144.122 LICENSE, PERMIT, AND SURVEY FEES. 188.6    (a) The state commissioner of health, by rule, may prescribe procedures and fees 188.7for filing with the commissioner as prescribed by statute and for the issuance of original 188.8and renewal permits, licenses, registrations, and certifications issued under authority of 188.9the commissioner. The expiration dates of the various licenses, permits, registrations, 188.10and certifications as prescribed by the rules shall be plainly marked thereon. Fees may 188.11include application and examination fees and a penalty fee for renewal applications 188.12submitted after the expiration date of the previously issued permit, license, registration, 188.13and certification. The commissioner may also prescribe, by rule, reduced fees for permits, 188.14licenses, registrations, and certifications when the application therefor is submitted 188.15during the last three months of the permit, license, registration, or certification period. 188.16Fees proposed to be prescribed in the rules shall be first approved by the Department of 188.17Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be 188.18in an amount so that the total fees collected by the commissioner will, where practical, 188.19approximate the cost to the commissioner in administering the program. All fees collected 188.20shall be deposited in the state treasury and credited to the state government special revenue 188.21fund unless otherwise specifically appropriated by law for specific purposes. 188.22    (b) The commissioner may charge a fee for voluntary certification of medical 188.23laboratories and environmental laboratories, and for environmental and medical laboratory 188.24services provided by the department, without complying with paragraph (a) or chapter 14. 188.25Fees charged for environment and medical laboratory services provided by the department 188.26must be approximately equal to the costs of providing the services. 188.27    (c) The commissioner may develop a schedule of fees for diagnostic evaluations 188.28conducted at clinics held by the services for children with disabilities program. All 188.29receipts generated by the program are annually appropriated to the commissioner for use 188.30in the maternal and child health program. 188.31    (d) The commissioner shall set license fees for hospitals and nursing homes that are 188.32not boarding care homes at the following levels: 189.1 189.2 189.3 189.4 Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals $7,555 plus $13 per bed 189.5 Non-JCAHO and non-AOA hospitals $5,180 plus $247 per bed 189.6 Nursing home $183 plus $91 per bed 189.7    The commissioner shall set license fees for outpatient surgical centers, boarding care 189.8homes, and supervised living facilities at the following levels: 189.9 Outpatient surgical centers $3,349 189.10 Boarding care homes $183 plus $91 per bed 189.11 Supervised living facilities $183 plus $91 per bed. 189.12    (e) Unless prohibited by federal law, the commissioner of health shall charge 189.13applicants the following fees to cover the cost of any initial certification surveys required 189.14to determine a provider's eligibility to participate in the Medicare or Medicaid program: 189.15 Prospective payment surveys for hospitals $900 189.16 Swing bed surveys for nursing homes $1,200 189.17 Psychiatric hospitals $1,400 189.18 Rural health facilities $1,100 189.19 Portable x-ray providers $500 189.20 Home health agencies $1,800 189.21 Outpatient therapy agencies $800 189.22 End stage renal dialysis providers $2,100 189.23 Independent therapists $800 189.24 189.25 Comprehensive rehabilitation outpatient facilities $1,200 189.26 Hospice providers $1,700 189.27 Ambulatory surgical providers $1,800 189.28 Hospitals $4,200 189.29 189.30 189.31 189.32 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. 189.33    These fees shall be submitted at the time of the application for federal certification 189.34and shall not be refunded. All fees collected after the date that the imposition of fees is not 189.35prohibited by federal law shall be deposited in the state treasury and credited to the state 189.36government special revenue fund. 189.37    (f) The commissioner shall charge the following fees for examinations, registrations, 189.38licenses, and inspections: 189.39 Plumbing examination $ 50 189.40 Water conditioning examination $ 50 189.41 Plumbing bond registration fee $ 40 190.1 Water conditioning bond registration fee $ 40 190.2 Master plumber's license $120 190.3 Journeyman plumber's license $ 55 190.4 Apprentice registration $ 25 190.5 Water conditioning contractor license $ 70 190.6 Water conditioning installer license $ 35 190.7 Residential inspection fee (each visit) $ 50 190.8 190.9 Public, commercial, and industrial inspections Inspection fee 190.10 25 or fewer drainage fixture units $ 300 190.11 26 to 50 drainage fixture units $ 900 190.12 51 to 150 drainage fixture units $1,200 190.13 151 to 249 drainage fixture units $1,500 190.14 250 or more drainage fixture units $1,800 190.15 Callback fee (each visit) $100 190.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 190.17    Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read: 190.18    Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and 190.19sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 190.20(13), (14), and (15) ; 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to 190.21144.385 ; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 190.22326.37 to ; new text begin 326.70 new text end to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and 190.23all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 190.24registrations, certificates, and permits adopted or issued by the department or under any 190.25other law now in force or later enacted for the preservation of public health may, in 190.26addition to provisions in other statutes, be enforced under this section. 190.27    Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read: 190.28    Subdivision 1. Established. The Department of Labor and Industry shall consist 190.29of the following divisions: Division of Workers' Compensation, Division of Boiler 190.30Inspection new text begin Construction Codes and Licensing new text end , Division of Occupational Safety and 190.31Health, Division of Statistics, Division of Steamfitting Standards, Division of Labor 190.32Standards and Apprenticeship, and such other divisions as the commissioner of the 190.33Department of Labor and Industry may deem necessary and establish. Each division of 190.34the department and persons in charge thereof shall be subject to the supervision of the 190.35commissioner of the Department of Labor and Industry and, in addition to such duties 190.36as are or may be imposed on them by statute, shall perform such other duties as may be 191.1assigned to them by the commissioner. Notwithstanding any other law to the contrary, 191.2the commissioner is the administrator and supervisor of all of the department's dispute 191.3resolution functions and personnel and may delegate authority to compensation judges 191.4and others to make determinations under sections 176.106, 176.238, and 176.239 and to 191.5approve settlement of claims under section 176.521. 191.6    Sec. 6. Minnesota Statutes 2006, section 214.01, subdivision 3, is amended to read: 191.7    Subd. 3. Non-health-related licensing board. "Non-health-related licensing 191.8board" means the Board of Teaching established pursuant to section 122A.07, the Board 191.9of Barber Examiners established pursuant to section 154.001, the Board of Assessors 191.10established pursuant to section 270.41, the Board of Architecture, Engineering, Land 191.11Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant 191.12to section 326.04, the Board of Electricity established pursuant to section , the 191.13Private Detective and Protective Agent Licensing Board established pursuant to section 191.14326.33 , the Board of Accountancy established pursuant to section 326A.02, and the Peace 191.15Officer Standards and Training Board established pursuant to section 626.841. 191.16    Sec. 7. Minnesota Statutes 2006, section 214.04, subdivision 1, is amended to read: 191.17    Subdivision 1. Services provided. (a) The commissioner of administration with 191.18respect to the Board of Electricity; the commissioner of education with respect to the 191.19Board of Teaching; the commissioner of public safety with respect to the Board of Private 191.20Detective and Protective Agent Services; the panel established pursuant to section 191.21299A.465, subdivision 7 ; the Board of Peace Officer Standards and Training; and the 191.22commissioner of revenue with respect to the Board of Assessors, shall provide suitable 191.23offices and other space, joint conference and hearing facilities, examination rooms, and 191.24the following administrative support services: purchasing service, accounting service, 191.25advisory personnel services, consulting services relating to evaluation procedures and 191.26techniques, data processing, duplicating, mailing services, automated printing of license 191.27renewals, and such other similar services of a housekeeping nature as are generally 191.28available to other agencies of state government. Investigative services shall be provided 191.29the boards by employees of the Office of Attorney General. The commissioner of health 191.30with respect to the health-related licensing boards shall provide mailing and office supply 191.31services and may provide other facilities and services listed in this subdivision at a 191.32central location upon request of the health-related licensing boards. The commissioner of 191.33commerce with respect to the remaining non-health-related licensing boards shall provide 191.34the above facilities and services at a central location for the remaining non-health-related 192.1licensing boards. The legal and investigative services for the boards shall be provided 192.2by employees of the attorney general assigned to the departments servicing the boards. 192.3Notwithstanding the foregoing, the attorney general shall not be precluded by this section 192.4from assigning other attorneys to service a board if necessary in order to insure competent 192.5and consistent legal representation. Persons providing legal and investigative services 192.6shall to the extent practicable provide the services on a regular basis to the same board 192.7or boards. 192.8    (b) The requirements in paragraph (a) with respect to the panel established in section 192.9299A.465, subdivision 7 , expire July 1, 2008. 192.10    Sec. 8. Minnesota Statutes 2006, section 214.04, subdivision 3, is amended to read: 192.11    Subd. 3. Officers; staff. The executive director of each health-related board and 192.12the executive secretary of each non-health-related board shall be the chief administrative 192.13officer for the board but shall not be a member of the board. The executive director or 192.14executive secretary shall maintain the records of the board, account for all fees received 192.15by it, supervise and direct employees servicing the board, and perform other services as 192.16directed by the board. The executive directors, executive secretaries, and other employees 192.17of the following boards shall be hired by the board, and the executive directors or executive 192.18secretaries shall be in the unclassified civil service, except as provided in this subdivision: 192.19    (1) Dentistry; 192.20    (2) Medical Practice; 192.21    (3) Nursing; 192.22    (4) Pharmacy; 192.23    (5) Accountancy; 192.24    (6) Architecture, Engineering, Land Surveying, Landscape Architecture, 192.25Geoscience, and Interior Design; 192.26    (7) Barber Examiners; 192.27    (8) Cosmetology; 192.28    (9) Electricity; 192.29    (10) new text begin (9) new text end Teaching; 192.30    (11) new text begin (10) new text end Peace Officer Standards and Training; 192.31    (12) new text begin (11) new text end Social Work; 192.32    (13) new text begin (12) new text end Marriage and Family Therapy; 192.33    (14) new text begin (13) new text end Dietetics and Nutrition Practice; and 192.34    (15) new text begin (14) new text end Licensed Professional Counseling. 193.1    The executive directors or executive secretaries serving the boards are hired by those 193.2boards and are in the unclassified civil service, except for part-time executive directors 193.3or executive secretaries, who are not required to be in the unclassified service. Boards 193.4not requiring full-time executive directors or executive secretaries may employ them on 193.5a part-time basis. To the extent practicable, the sharing of part-time executive directors 193.6or executive secretaries by boards being serviced by the same department is encouraged. 193.7Persons providing services to those boards not listed in this subdivision, except executive 193.8directors or executive secretaries of the boards and employees of the attorney general, are 193.9classified civil service employees of the department servicing the board. To the extent 193.10practicable, the commissioner shall ensure that staff services are shared by the boards 193.11being serviced by the department. If necessary, a board may hire part-time, temporary 193.12employees to administer and grade examinations. 193.13    Sec. 9. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read: 193.14    Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a 193.15license under sections 326.83 to 326.98 shall pay a fee to the contractor's recovery fund. 193.16The contractor's recovery fund is created in the state treasury and must be administered 193.17by the commissioner in the manner and subject to all the requirements and limitations 193.18provided by section 82.43 with the following exceptions: new text begin . new text end 193.19    (1) each licensee who renews a license shall pay in addition to the appropriate 193.20renewal fee an additional fee which shall be credited to the contractor's recovery fund. The 193.21amount of the fee shall be based on the licensee's gross annual receipts for the licensee's 193.22most recent fiscal year preceding the renewal, on the following scale: 193.23 Fee Gross Receipts 193.24 $100 under $1,000,000 193.25 $150 $1,000,000 to $5,000,000 193.26 $200 over $5,000,000 193.27Any person who receives a new license shall pay a fee based on the same scale; 193.28    (2) new text begin (1) new text end The purpose of this fund is: 193.29    (i) to compensate any aggrieved owner or lessee of residential property located 193.30within this state who obtains a final judgment in any court of competent jurisdiction 193.31against a licensee licensed under section 326.84, on grounds of fraudulent, deceptive, or 193.32dishonest practices, conversion of funds, or failure of performance arising directly out 193.33of any transaction when the judgment debtor was licensed and performed any of the 193.34activities enumerated under section 326.83, subdivision 19, on the owner's residential 193.35property or on residential property rented by the lessee, or on new residential construction 194.1which was never occupied prior to purchase by the owner, or which was occupied by the 194.2licensee for less than one year prior to purchase by the owner, and which cause of action 194.3arose on or after April 1, 1994; and 194.4    (ii) to reimburse the Department of Commerce for all legal and administrative 194.5expenses, including staffing costs, incurred in administering the fund; 194.6    (3) new text begin (2) new text end nothing may obligate the fund for more than $50,000 per claimant, nor more 194.7than $75,000 per licensee; and 194.8    (4) new text begin (3) new text end nothing may obligate the fund for claims based on a cause of action that 194.9arose before the licensee paid the recovery fund fee set in clause (1), or as provided in 194.10section 326.945, subdivision 3. 194.11    (b) Should the commissioner pay from the contractor's recovery fund any amount 194.12in settlement of a claim or toward satisfaction of a judgment against a licensee, the 194.13license shall be automatically suspended upon the effective date of an order by the court 194.14authorizing payment from the fund. No licensee shall be granted reinstatement until the 194.15licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount 194.16paid from the fund on the licensee's account, and has obtained a surety bond issued by an 194.17insurer authorized to transact business in this state in the amount of at least $40,000. 194.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 194.19    Sec. 10. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read: 194.20    Subdivision 1. Rules. No domestic animals or house pets of occupants of 194.21manufactured home parks or recreational camping areas shall be allowed to run at large, 194.22or commit any nuisances within the limits of a manufactured home park or recreational 194.23camping area. Each manufactured home park or recreational camping area licensed under 194.24the provisions of sections 327.10, 327.11, 327.14 to 327.28 shall, among other things, 194.25provide for the following, in the manner hereinafter specified: 194.26    (1) A responsible attendant or caretaker shall be in charge of every manufactured 194.27home park or recreational camping area at all times, who shall maintain the park or 194.28area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 194.29manufactured home park containing more than 50 lots, the attendant, caretaker, or other 194.30responsible park employee, shall be readily available at all times in case of emergency. 194.31    (2) All manufactured home parks shall be well drained and be located so that the 194.32drainage of the park area will not endanger any water supply. No wastewater from 194.33manufactured homes or recreational camping vehicles shall be deposited on the surface of 194.34the ground. All sewage and other water carried wastes shall be discharged into a municipal 195.1sewage system whenever available. When a municipal sewage system is not available, a 195.2sewage disposal system acceptable to the state commissioner of health shall be provided. 195.3    (3) No manufactured home shall be located closer than three feet to the side lot lines 195.4of a manufactured home park, if the abutting property is improved property, or closer than 195.5ten feet to a public street or alley. Each individual site shall abut or face on a driveway 195.6or clear unoccupied space of not less than 16 feet in width, which space shall have 195.7unobstructed access to a public highway or alley. There shall be an open space of at least 195.8ten feet between the sides of adjacent manufactured homes including their attachments 195.9and at least three feet between manufactured homes when parked end to end. The space 195.10between manufactured homes may be used for the parking of motor vehicles and other 195.11property, if the vehicle or other property is parked at least ten feet from the nearest 195.12adjacent manufactured home position. The requirements of this paragraph shall not apply 195.13to recreational camping areas and variances may be granted by the state commissioner 195.14of health in manufactured home parks when the variance is applied for in writing and in 195.15the opinion of the commissioner the variance will not endanger the health, safety, and 195.16welfare of manufactured home park occupants. 195.17    (4) An adequate supply of water of safe, sanitary quality shall be furnished at each 195.18manufactured home park or recreational camping area. The source of the water supply 195.19shall first be approved by the state Department of Health. 195.20    (5) All plumbing shall be installed in accordance with the rules of the state 195.21commissioner of health new text begin labor and industry new text end and the provisions of the Minnesota Plumbing 195.22Code. 195.23    (6) In the case of a manufactured home park with less than ten manufactured homes, 195.24a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 195.25the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 195.26The shelter or evacuation plan shall be developed with the assistance and approval of 195.27the municipality where the park is located and shall be posted at conspicuous locations 195.28throughout the park. The park owner shall provide each resident with a copy of the 195.29approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c. 195.30Nothing in this paragraph requires the Department of Health to review or approve any 195.31shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 195.32submitted by a park shall not be grounds for action against the park by the Department of 195.33Health if the park has made a good faith effort to develop the plan and obtain municipal 195.34approval. 195.35    (7) A manufactured home park with ten or more manufactured homes, licensed prior 195.36to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 196.1evacuation of park residents to a safe place of shelter within a reasonable distance of the 196.2park for use by park residents in times of severe weather, including tornadoes and high 196.3winds. The shelter or evacuation plan must be approved by the municipality by March 1, 196.41989. The municipality may require the park owner to construct a shelter if it determines 196.5that a safe place of shelter is not available within a reasonable distance from the park. A 196.6copy of the municipal approval and the plan shall be submitted by the park owner to the 196.7Department of Health. The park owner shall provide each resident with a copy of the 196.8approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c. 196.9    (8) A manufactured home park with ten or more manufactured homes, receiving 196.10a primary license after March 1, 1988, must provide the type of shelter required by 196.11section 327.205, except that for manufactured home parks established as temporary, 196.12emergency housing in a disaster area declared by the President of the United States or 196.13the governor, an approved evacuation plan may be provided in lieu of a shelter for a 196.14period not exceeding 18 months. 196.15    (9) For the purposes of this subdivision, "park owner" and "resident" have the 196.16meaning given them in section 327C.01. 196.17    Sec. 11. Minnesota Statutes 2006, section 327.205, is amended to read: 196.18327.205 SHELTER CONSTRUCTION STANDARDS. 196.19    The commissioner of administration new text begin labor and industry new text end shall adopt, by rule, 196.20minimum standards for the construction of low cost manufactured home park storm 196.21shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be 196.22constructed in accordance with these standards. 196.23    Sec. 12. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read: 196.24    Subd. 2. Building standards. "Building standards" means the materials and 196.25installation standards of the State Building Code, adopted by the commissioner of 196.26administration new text begin labor and industry new text end pursuant to sections 16B.59 to 16B.75, in effect at 196.27the time of the construction or remodeling. 196.28    Sec. 13. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read: 196.29    Subdivision 1. Definitions. The definitions in this subdivision apply to this section. 196.30    (a) "Accessible unit" means an accessible rental housing unit that meets the 196.31disability facility new text begin persons with disabilities new text end requirements of the State Building Code, 196.32Minnesota Rules, chapter 1340. 196.33    (b) "Landlord" has the meaning given it in section 504B.001, subdivision 7. 197.1    Sec. 14. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read: 197.2    Subd. 6a. Normal residential surroundings for disabled persons new text begin with new text end 197.3 new text begin disabilities new text end . It is the policy of this state that disabled persons and children new text begin with disabilities new text end 197.4should not be excluded by municipal zoning ordinances or other land use regulations from 197.5the benefits of normal residential surroundings. For purposes of subdivisions 6a through 197.69, "person" has the meaning given in section 245A.02, subdivision 11. 197.7    Sec. 15. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read: 197.8    Subd. 8. State Building Code. It may assist the commissioner of administration new text begin new text end 197.9 new text begin labor and industry new text end in the development, implementation and revision of a uniform new text begin the new text end 197.10State Building Code. 197.11    Sec. 16. Minnesota Statutes 2006, section 471.465, is amended to read: 197.12471.465 new text begin PERSONS WITH DISABILITIES; new text end BUILDING REGULATIONS; 197.13DEFINITIONS. 197.14    Subdivision 1. Scope. For the purposes of sections 471.465 to 471.469, the terms 197.15defined in this section have the meanings given them. 197.16    Subd. 2. Buildings and facilities. "Buildings and facilities" means any and all 197.17buildings and facilities and the grounds appurtenant thereto within any city, township or 197.18other governmental subdivision of the state other than all farm dwellings and buildings 197.19and single and two family dwellings. However, on the date on which rules promulgated by 197.20the commissioner of administration new text begin labor and industry new text end regarding building requirements for 197.21disabled persons new text begin with disabilities new text end shall become effective, "buildings and facilities" shall 197.22mean only those structures which must provide facilities for the disabled new text begin persons with new text end 197.23 new text begin disabilities new text end pursuant to said rules. 197.24    Subd. 3. Physically disabled new text begin Persons with disabilities new text end . "Physically disabled new text begin new text end 197.25 new text begin Persons with disabilities new text end " means and includes new text begin people having new text end sight disabilities, hearing 197.26disabilities, disabilities of incoordination, disabilities of aging, and any other disability 197.27that significantly reduces mobility, flexibility, coordination, or perceptiveness. 197.28    Subd. 4. Remodeling. "Remodeling" means deliberate reconstruction of an existing 197.29building or facility in whole or in part in order to bring it up to date to conform with 197.30present uses of the structure and to conform with rules and regulations on the upgrading 197.31of health and safety aspects of structures. 197.32    Subd. 5. Local authority. "Local authority" means the local authority having 197.33jurisdiction over local building construction. 198.1    Sec. 17. Minnesota Statutes 2006, section 471.466, is amended to read: 198.2471.466 ADMINISTRATION AND ENFORCEMENT. 198.3    The duty and power to administer and enforce sections 471.465 to 471.469 is 198.4conferred upon and vested in the commissioner of administration new text begin labor and industry new text end and 198.5the local authority. 198.6    Sec. 18. Minnesota Statutes 2006, section 471.467, is amended to read: 198.7471.467 BUILDING REQUIREMENTS; CONFORMITY. 198.8    Subdivision 1. Date applicable. On the date on which rules promulgated by the 198.9commissioner of administration new text begin labor and industry new text end regarding building requirements for 198.10disabled persons new text begin with disabilities new text end shall become effective, said rules shall exclusively 198.11govern the provision of facilities. 198.12    Subd. 2. No remodeling if solely for disabled new text begin persons with disabilities new text end . Nothing 198.13in sections 471.465 to 471.469 shall be construed to require the remodeling of buildings 198.14solely to provide accessibility and usability to the physically disabled new text begin persons with new text end 198.15 new text begin disabilities new text end when remodeling would not otherwise be undertaken. 198.16    Subd. 3. Applies to remodeled part. When any building or facility covered 198.17by sections 471.465 to 471.469 undergoes remodeling either in whole or in part, that 198.18portion of the building or facility remodeled shall conform to the requirements of sections 198.19471.465 to 471.469. 198.20    Sec. 19. Minnesota Statutes 2006, section 471.471, is amended to read: 198.21471.471 ACCESS REVIEW BOARD. 198.22    Subdivision 1. Membership. The Access Review Board consists of: 198.23    (1) a representative of the Building Code and Standards Division of the Department 198.24of Administration new text begin Labor and Industry new text end , appointed by the commissioner of administration new text begin new text end 198.25 new text begin labor and industry new text end ; 198.26    (2) a representative of the state fire marshal's office, appointed by the commissioner 198.27of public safety; 198.28    (3) the commissioner of human rights or the commissioner's designee; 198.29    (4) new text begin a representative of the elevator safety section, designated by new text end the commissioner 198.30of labor and industry or the commissioner's designee; and 198.31    (5) the chair of the Council on Disability or the chair's designee. 198.32The board shall elect a chair from among its members. Terms of members coincide with 198.33the terms of their appointing authorities or, in the case of ex officio members or their 199.1designees, with the terms of the offices by virtue of which they are members of the board. 199.2Compensation of members is governed by section 15.0575, subdivision 3. 199.3    Subd. 2. Staff; administrative support. The commissioner of administration new text begin labor new text end 199.4 new text begin and industry new text end shall furnish staff, office space, and administrative support to the board. Staff 199.5assigned to the board must be knowledgeable with respect to access codes, site surveys, 199.6plan design, and product use and eligibility. 199.7    Subd. 3. Duties. The board shall consider applications for waivers from the 199.8State Building Code to permit the installation of stairway chair lifts to provide limited 199.9accessibility for the physically disabled new text begin persons with disabilities new text end to buildings in which 199.10the provision of access by means permitted under the State Building Code is not 199.11architecturally or financially possible. In considering applications, the board shall review 199.12other possible access options. The board may approve an application for installation of a 199.13stairway chair when the board determines that the installation would be appropriate and 199.14no other means of access is possible. In determining whether to approve an application, 199.15the board shall consider: 199.16    (1) the need for limited accessibility when a higher degree of accessibility is not 199.17required by state or federal law or rule; 199.18    (2) the architectural feasibility of providing a greater degree of accessibility than 199.19would be provided by the proposed device or equipment; 199.20    (3) the total cost of the proposed device or equipment over its projected usable life, 199.21including installation, maintenance, and replacement costs; 199.22    (4) the reliability of the proposed device or equipment; 199.23    (5) the applicant's ability to comply with all recognized access and safety standards 199.24for installation and maintenance; and 199.25    (6) whether the proposed device or equipment can be operated and used without 199.26reducing or compromising minimum safety standards. 199.27The board shall consider the applicant's demonstrated inability to afford a greater degree 199.28of accessibility, but may not give greater weight to this factor than to the factors listed 199.29in clauses (1) to (6). The board may not approve an application unless the applicant 199.30guarantees that the device or equipment will be installed and operated in accordance with 199.31nationally recognized standards for such devices or equipment and agrees to obtain any 199.32permits needed from the agency responsible for enforcing those standards. 199.33    Subd. 4. Application process. A person seeking a waiver shall apply to the 199.34Building Code and Standards Division of the Department of Administration new text begin Labor and new text end 199.35 new text begin Industry new text end on a form prescribed by the board and pay a $70 fee new text begin to the construction code new text end 199.36 new text begin fund new text end . The division shall review the application to determine whether it appears to be 200.1meritorious, using the standards set out in subdivision 3. The division shall forward 200.2applications it considers meritorious to the board, along with a list and summary of 200.3applications considered not to be meritorious. The board may require the division to 200.4forward to it an application the division has considered not to be meritorious. The board 200.5shall issue a decision on an application within 90 days of its receipt. A board decision 200.6to approve an application must be unanimous. An application that contains false or 200.7misleading information must be rejected. 200.8    Subd. 5. Liability. Board members are immune from liability for personal injury or 200.9death resulting from the use or misuse of a device or equipment installed and operated 200.10under a waiver granted by the board. 200.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007. new text end 200.12ARTICLE 13 200.13TRANSFER; REPEALER; EFFECTIVE DATE 200.14    Section 1. new text begin TRANSFER. new text end 200.15     new text begin The commissioner of labor and industry shall transfer $1,627,000 by June 30, 2008, new text end 200.16 new text begin and $1,515,000 by June 30, 2009, and each year thereafter from the construction code new text end 200.17 new text begin fund to the general fund. If an annual transfer for this purpose is enacted more than once new text end 200.18 new text begin in the 2007 session, the annual transfer is effective only once. new text end 200.19    Sec. 2. new text begin APPROPRIATION REDUCTIONS. new text end 200.20     new text begin (a) The general fund appropriation to the commissioner of labor and industry is new text end 200.21 new text begin reduced by $2,800,000 in fiscal year 2008 and $2,862,000 in fiscal year 2009 and each new text end 200.22 new text begin fiscal year thereafter. If an annual appropriation reduction for this purpose is enacted more new text end 200.23 new text begin than once in the 2007 session, the annual reduction is effective only once. new text end 200.24     new text begin (b) The state government special revenue fund appropriation to the commissioner new text end 200.25 new text begin of labor and industry is reduced by $1,874,000 in fiscal year 2008 and $1,918,000 in new text end 200.26 new text begin fiscal year 2009 and each fiscal year thereafter. If an annual appropriation reduction new text end 200.27 new text begin for this purpose is enacted more than once in the 2007 session, the annual reduction is new text end 200.28 new text begin effective only once. new text end 200.29    Sec. 3. new text begin REPEALER. new text end 200.30 new text begin (a) Minnesota Statutes 2006, sections 16B.665; 183.001; 183.02; 183.375, new text end 200.31 new text begin subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44, subdivisions new text end 200.32 new text begin 1, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 6; 326.01, new text end 201.1 new text begin subdivisions 4, 6h, 10, 11, and 12; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, new text end 201.2 new text begin 9h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4; new text end 201.3 new text begin 326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12, new text end 201.4 new text begin and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and new text end 201.5 new text begin 327B.05, subdivisions 2, 3, 4, 5, and 6, new text end new text begin are repealed. new text end 201.6 new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 16B.747, subdivision 4; 183.375, subdivision new text end 201.7 new text begin 5; 183.545, subdivision 9; 326.01, subdivision 13; 326.44; 326.52; and 326.64, new text end new text begin are new text end 201.8 new text begin repealed. new text end 201.9 new text begin (c) new text end new text begin Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; new text end 201.10 new text begin 3800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; new text end 201.11 new text begin 4717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and new text end 201.12 new text begin 9; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts new text end 201.13 new text begin 1, 3, and 4, new text end new text begin are repealed. new text end 201.14 new text begin EFFECTIVE DATE. new text end new text begin Paragraphs (a) and (c) are effective December 1, 2007. new text end 201.15 new text begin Paragraph (b) is effective July 1, 2007. new text end 201.16    Sec. 4. new text begin EFFECTIVE DATE. new text end 201.17     new text begin This act is effective December 1, 2007, except when another date is specified. The new text end 201.18 new text begin revisor's instructions contained in this act shall be implemented for the 2008 edition of new text end 201.19 new text begin Minnesota Statutes. new text end