HF 3034

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 construction professions; modifying provisions relating to the 1.3electrical, plumbing, water conditioning, boiler, and high-pressure piping 1.4professions;amending Minnesota Statutes 2006, sections 299F.011, subdivision 1.53; 326.244, subdivision 1; 327.32, subdivision 1; 327.33, by adding subdivisions; 1.6327A.04, subdivision 2; 327A.07; 327B.06, subdivision 1; Minnesota Statutes 1.72007 Supplement, sections 16B.64, subdivision 8; 181.723, subdivision 2; 1.8183.60, subdivision 2; 326.01, subdivisions 4b, 5; 326.2415, subdivisions 2, 6; 1.9326.242, subdivisions 2, 3d, 5, 12, by adding subdivisions; 326.244, subdivision 1.105; 326.37, subdivisions 1a, 4; 326.3705, subdivision 1; 326.40, subdivisions 2, 3, 1.11by adding a subdivision; 326.47, subdivision 2; 326.48, subdivisions 1, 2, 2a, 2b, 1.125; 326.50; 326.505, subdivisions 1, 2, 8; 326.62; 326.84, subdivision 1; 326.86, 1.13subdivision 1; 326.87, subdivision 5; 326.93, subdivision 4; 326.94, subdivision 1.142; 326.97, subdivision 1a; 326B.082, subdivisions 8, 10, 11, 12, 13; 326B.083, 1.15subdivision 3; 326B.42, by adding a subdivision; 326B.89, subdivisions 5, 6, 1.1612, 14; 327B.04, subdivision 4; Laws 2007, chapter 140, article 4, section 12; 1.17repealing Minnesota Statutes 2006, section 16B.69; Minnesota Statutes 2007 1.18Supplement, sections 326.2411; 326.372; 326.471; Laws 2007, chapter 9, section 1.191; Laws 2007, chapter 135, article 4, sections 2; 8; article 6, section 3; Laws 1.202007, chapter 140, article 12, section 9; Minnesota Rules, part 3800.3510. 1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22    Section 1. Minnesota Statutes 2007 Supplement, section 16B.64, subdivision 8, is 1.23amended to read: 1.24    Subd. 8. Effective date of rules. A rule to adopt or amend the state's building code 1.25is effective 180 days after the filing of the rule with the secretary of state under section 1.2614.16 or 14.26. The rule may provide for a different new text begin later new text end effective date new text begin . The rule may new text end 1.27 new text begin provide for an earlier effective date new text end if the commissioner or board proposing the rule finds 1.28that a different new text begin an earlier new text end effective date is necessary to protect public health and safety 1.29after considering, among other things, the need for time for training of individuals to 1.30comply with and enforce the rule. 2.1    Sec. 2. Minnesota Statutes 2007 Supplement, section 181.723, subdivision 2, is 2.2amended to read: 2.3    Subd. 2. Limited application. This section only applies to individuals performing 2.4public or private sector commercial or residential building construction or improvement 2.5services, as defined in section . new text begin Building construction and improvement services do new text end 2.6 new text begin not include: (1) the manufacture, supply, or sale of products, materials, or merchandise; new text end 2.7 new text begin (2) landscaping services for the maintenance or removal of existing plants, shrubs, trees, new text end 2.8 new text begin and other vegetation, whether or not the services are provided as part of a contract for new text end 2.9 new text begin the building construction or improvement services; and (3) all other landscaping services, new text end 2.10 new text begin unless the other landscaping services are provided as part of a contract for the building new text end 2.11 new text begin construction or improvement services. new text end 2.12    Sec. 3. Minnesota Statutes 2007 Supplement, section 183.60, subdivision 2, is 2.13amended to read: 2.14    Subd. 2. Repair violation. No new text begin A new text end person who repairs a boiler or pressure vessel by 2.15welding or riveting so as not to new text begin must new text end meet the minimum requirements established by the 2.16current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection 2.17code and the rules of the department. 2.18    Sec. 4. Minnesota Statutes 2006, section 299F.011, subdivision 3, is amended to read: 2.19    Subd. 3. Rules for code administration and enforcement. The commissioner 2.20 new text begin of public safety new text end shall adopt rules as may be necessary to administer and enforce the 2.21code, specifically including but not limited to rules for inspection of buildings and other 2.22structures covered by the code and conforming the code to the governmental organization 2.23of Minnesota state agencies, political subdivisions and local governments. 2.24    Sec. 5. Minnesota Statutes 2007 Supplement, section 326.01, subdivision 4b, is 2.25amended to read: 2.26    Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor 2.27whose responsible licensed individual is a licensed master elevator constructor. An 2.28elevator contractor license does not itself qualify its holder to perform or supervise the 2.29electrical or elevator work authorized by holding any other new text begin a new text end personal license issued by 2.30the commissioner. 2.31    Sec. 6. Minnesota Statutes 2007 Supplement, section 326.01, subdivision 5, is 2.32amended to read: 3.1    Subd. 5. Contractor. "Contractor" means a person who performs or offers to 3.2perform any electrical work, with or without compensation, who is licensed as a contractor 3.3by the commissioner. A contractor's license does not of itself qualify its holder to perform 3.4or supervise the electrical work authorized by holding any class of electrician's or other 3.5personal electrical license. Contractor includes electrical contractors and technology 3.6system contractors. 3.7    Sec. 7. Minnesota Statutes 2007 Supplement, section 326.2415, subdivision 2, is 3.8amended to read: 3.9    Subd. 2. Powers; duties; administrative support. (a) The board shall have the 3.10power to: 3.11    (1) elect its chair, vice-chair, and secretary; 3.12    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, 3.13and containing such other provisions as may be useful and necessary for the efficient 3.14conduct of the business of the board; 3.15    (3) new text begin adopt new text end the Minnesota Electrical Code shall new text begin , which must new text end be the most current 3.16edition of the National Electrical Code upon its adoption by the board and any amendments 3.17thereto as adopted by the board. The board shall adopt the most current edition of the 3.18National Electrical Code and any amendments thereto pursuant to chapter 14 and as 3.19provided in subdivision 6, paragraphs (b) and (c); 3.20    (4) review requests for final interpretations and issue final interpretations as provided 3.21in section 16B.63, subdivision 5; 3.22    (5) adopt rules that regulate the licensure or registration of electrical businesses, 3.23electrical contractors, master electricians, journeyman electricians, Class A installer, 3.24Class B installer, power limited technicians, and other persons who perform electrical 3.25work except for those individuals licensed under section 326.02, subdivisions 2 and 3. 3.26The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 3.276, paragraphs (d) and (e); 3.28    (6) adopt rules that regulate continuing education for individuals licensed or 3.29registered as electrical businesses, electrical contractors, master electricians, journeyman 3.30electricians, Class A installer, Class B installer, power limited technicians, and other 3.31persons who perform electrical work. The board shall adopt these rules pursuant to chapter 3.3214 and as provided in subdivision 6, paragraph new text begin paragraphs (d) and new text end (e); 3.33    (7) advise the commissioner regarding educational requirements for electrical 3.34inspectors; 4.1    (8) refer complaints or other communications to the commissioner, whether oral or 4.2in writing, as provided in subdivision 8 new text begin , new text end that alleges new text begin allege new text end or implies new text begin imply new text end a violation 4.3of a statute, rule, or order that the commissioner has the authority to enforce pertaining 4.4to code compliance, licensure, registration, or an offering to perform or performance 4.5of unlicensed electrical services; 4.6    (9) approve per diem and expenses deemed necessary for its members as provided in 4.7subdivision 3; 4.8    (10) approve license reciprocity agreements; 4.9    (11) select from its members individuals to serve on any other state advisory council, 4.10board, or committee; and 4.11    (12) recommend the fees for licenses and certifications. 4.12    Except for the powers granted to the Plumbing Board, Board of Electricity, and 4.13the Board of High Pressure Piping Systems, the commissioner of labor and industry 4.14shall administer and enforce the provisions of this chapter and any rules promulgated 4.15pursuant thereto. 4.16    (b) The board shall comply with section 15.0597, subdivisions 2 and 4. 4.17    (c) The commissioner shall coordinate the board's rulemaking and recommendations 4.18with the recommendations and rulemaking conducted by all of the other boards created 4.19pursuant to chapter 326B. The commissioner shall provide staff support to the board. The 4.20support includes professional, legal, technical, and clerical staff necessary to perform 4.21rulemaking and other duties assigned to the board. The commissioner of labor and 4.22industry shall supply necessary office space and supplies to assist the board in its duties. 4.23    Sec. 8. Minnesota Statutes 2007 Supplement, section 326.2415, subdivision 6, is 4.24amended to read: 4.25    Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its 4.26members a chair, vice-chair, and secretary. A quorum of the board shall consist of a 4.27majority of members of the board qualified to vote on the matter in question. All questions 4.28concerning the manner in which a meeting is conducted or called that is not covered 4.29by statute shall be determined by Robert's Rules of Order (revised) unless otherwise 4.30specified by the bylaws. 4.31    (b) Each electrical code amendment considered by the board that receives an 4.32affirmative two-thirds or more majority vote of all of the voting members of the board 4.33shall be included in the next electrical code rulemaking proceeding initiated by the board. 4.34If an electrical code amendment considered, or reconsidered, by the board receives less 4.35than a two-thirds majority vote of all of the voting members of the board, the electrical 5.1code amendment shall not be included in the next electrical code rulemaking proceeding 5.2initiated by the board. 5.3    (c) The board may reconsider electrical code amendments during an active electrical 5.4code rulemaking proceeding in which the amendment previously failed to receive a 5.5two-thirds majority vote or more of all of the voting members of the board only if new 5.6or updated information that affects the electrical code amendment is presented to the 5.7board. The board may also reconsider failed electrical code amendments in subsequent 5.8electrical code rulemaking proceedings. 5.9    (d) Each proposed rule and rule amendment considered by the board pursuant to the 5.10rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that 5.11receives an affirmative majority vote of all of the voting members of the board shall be 5.12included in the next rulemaking proceeding initiated by the board. If a proposed rule or 5.13rule amendment considered, or reconsidered, by the board receives less than an affirmative 5.14majority vote of all of the voting members of the board, the proposed rule or rule 5.15amendment shall not be included in the next rulemaking proceeding initiated by the board. 5.16    (e) The board may reconsider proposed rule new text begin rules new text end or rule amendment new text begin amendments new text end 5.17during an active rulemaking proceeding in which the amendment previously failed to 5.18receive an affirmative majority vote of all of the voting members of the board only if new 5.19or updated information that affects the proposed rule or rule amendment is presented to 5.20the board. The board may also reconsider failed proposed rule new text begin rules new text end or rule amendment new text begin new text end 5.21 new text begin amendments new text end in subsequent rulemaking proceedings. 5.22    Sec. 9. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 2, is 5.23amended to read: 5.24    Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law, no 5.25individual shall perform and supervise any electrical work except for planning or laying 5.26out of electrical work unless: 5.27    (1) the individual is licensed by the commissioner as a journeyman electrician; and 5.28    (2) the electrical work is: 5.29    (i) for a contractor and the individual is an employee, partner, or officer of the 5.30licensed contractor; or 5.31    (ii) performed under the supervision of a master electrician also employed by 5.32the individual's employer on electrical wiring, apparatus, equipment, or facilities that 5.33are owned or leased by the employer and that are located within the limits of property 5.34operated, maintained, and either owned or leased by the employer. 6.1    (b) An applicant for a Class A journeyman electrician license shall have had at 6.2least four years of experience, acceptable to the commissioner, in wiring for, installing, 6.3and repairing electrical wiring, apparatus, or equipment, provided however, that the 6.4commissioner may by rule allow one year of experience credit for the successful 6.5completion of a two-year post high school electrical course approved by the commissioner new text begin new text end 6.6 new text begin may be allowed new text end . 6.7    (c) As of August 1, 1985, no new Class B journeyman electrician licenses shall be 6.8issued. An individual who holds a Class B journeyman electrician license as of August 1, 6.91985, may retain and renew the license and exercise the privileges it grants, which include 6.10electrical work limited to single phase systems, not over 200 amperes in capacity, on 6.11farmsteads or on single-family dwellings located in towns or municipalities with fewer 6.12than 2,500 inhabitants. 6.13    Sec. 10. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 3d, 6.14is amended to read: 6.15    Subd. 3d. Power limited technician. (a) Except as otherwise provided by law, no 6.16individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, 6.17repairing, planning, or laying out of electrical wiring, apparatus, or equipment for 6.18technology circuits or systems unless: 6.19    (1) the individual is licensed by the commissioner as a power limited technician; and 6.20    (2) the electrical work is: 6.21    (i) for a licensed contractor and the individual is an employee, partner, or officer of, 6.22or is the licensed contractor; or 6.23    (ii) performed under the direct supervision of a master electrician or power limited 6.24technician also employed by the individual's employer on technology circuits, systems, 6.25apparatus, equipment, or facilities that are owned or leased by the employer and that are 6.26located within the limits of property operated, maintained, and either owned or leased by 6.27the employer. 6.28    (b) An applicant for a power limited technician's license shall (1) be a graduate of 6.29a four-year electrical course offered by an accredited college or university; or (2) have 6.30had at least 36 months' experience, acceptable to the board new text begin commissioner new text end , in planning for, 6.31laying out, supervising, installing, altering, and repairing wiring, apparatus, or equipment 6.32for power limited systems, provided however, that the board may by rule provide for the 6.33allowance of up to 12 months (2,000 hours) of experience credit for successful completion 6.34of a two-year post high school electrical course or other technical training approved by 6.35the board new text begin commissioner may be allowed new text end . 7.1    (c) Licensees must attain 16 hours of continuing education acceptable to the board 7.2every renewal period. 7.3    (d) A company holding an alarm and communication license as of June 30, 2003, 7.4may designate one individual who may obtain a power limited technician license without 7.5passing an examination administered by the commissioner by submitting an application 7.6and license fee of $30. 7.7    (e) A person who has submitted an application by December 30, 2007, to take the 7.8power limited technician examination administered by the department is not required to 7.9meet the qualifications set forth in paragraph (b). 7.10    Sec. 11. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding 7.11a subdivision to read: 7.12     new text begin Subd. 3e. new text end new text begin Elevator constructor. new text end new text begin (a) An individual licensed as an elevator new text end 7.13 new text begin constructor may install, maintain, and repair electrical wiring, apparatus, and equipment new text end 7.14 new text begin for elevators and escalators while in the employ of an elevator contractor or Class A new text end 7.15 new text begin electrical contractor. new text end 7.16     new text begin (b) An applicant for an elevator constructor's license shall have at least 36 months' new text end 7.17 new text begin experience, acceptable to the commissioner, in wiring for, installing, and repairing new text end 7.18 new text begin electrical wiring, apparatus, or equipment for elevators and escalators, provided, however, new text end 7.19 new text begin that one year of experience credit for the completion of a two-year post-high school new text end 7.20 new text begin electrical course approved by the commissioner may be allowed. new text end 7.21    Sec. 12. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding 7.22a subdivision to read: 7.23     new text begin Subd. 3f. new text end new text begin Lineman. new text end new text begin (a) An individual licensed as a lineman may install, maintain, new text end 7.24 new text begin and repair transmission and distribution systems that are or will be owned or leased by an new text end 7.25 new text begin electric utility. new text end 7.26     new text begin (b) An applicant for a lineman's license shall have at least 48 months' experience, new text end 7.27 new text begin acceptable to the commissioner, in wiring for, installing, and repairing electrical wiring, new text end 7.28 new text begin apparatus, or equipment for an electrical utility. new text end 7.29    Sec. 13. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding 7.30a subdivision to read: 7.31     new text begin Subd. 3g. new text end new text begin Maintenance electrician. new text end new text begin (a) An individual licensed as a maintenance new text end 7.32 new text begin electrician may maintain and repair electrical wiring, apparatus, and equipment while in new text end 7.33 new text begin the employ of a contractor, or as a full-time employee of a single employer while engaged new text end 8.1 new text begin in the maintenance and repair of electrical wiring, apparatus, and equipment owned or new text end 8.2 new text begin leased by the employer and located within the limits of property owned or leased by new text end 8.3 new text begin the employer. new text end 8.4     new text begin (b) An applicant for a maintenance electrician's license shall have at least 48 months' new text end 8.5 new text begin experience, acceptable to the commissioner, in wiring for, installing, and repairing new text end 8.6 new text begin electrical wiring, apparatus, or equipment, provided, however, that one year of experience new text end 8.7 new text begin credit for the completion of a two-year post-high school electrical course approved by the new text end 8.8 new text begin commissioner may be allowed. new text end 8.9    Sec. 14. Minnesota Statutes 2007 Supplement, section 326.242, is amended by adding 8.10a subdivision to read: 8.11     new text begin Subd. 3h. new text end new text begin Master elevator constructor. new text end new text begin (a) An individual licensed as a master new text end 8.12 new text begin elevator constructor may, while licensed as an elevator electrical contractor or while new text end 8.13 new text begin in the employ of an elevator contractor or Class A electrical contractor, plan, lay out, new text end 8.14 new text begin supervise and install, maintain, and repair wiring, apparatus, and equipment for elevators new text end 8.15 new text begin and escalators. new text end 8.16     new text begin (b) An applicant for a master elevator constructor's license shall have at least 60 new text end 8.17 new text begin months' experience, acceptable to the commissioner, in wiring for, installing, and repairing new text end 8.18 new text begin electrical wiring, apparatus, or equipment for elevators and escalators, provided, however, new text end 8.19 new text begin that one year of experience credit for the completion of a two-year post-high school new text end 8.20 new text begin electrical course approved by the commissioner may be allowed. new text end 8.21    Sec. 15. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 5, is 8.22amended to read: 8.23    Subd. 5. Unlicensed individuals. (a) An unlicensed individual means an individual 8.24who has not been licensed by the department to perform specific electrical work. An 8.25unlicensed individual shall not perform electrical work required to be performed by a 8.26licensed individual unless the individual has first registered with the department as an 8.27unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical 8.28work required to be performed by a licensed individual unless the work is performed 8.29under the direct supervision of an individual actually licensed to perform such work. The 8.30licensed individual and unlicensed individual must be employed by the same employer. 8.31Licensed individuals shall not permit unlicensed individuals to perform electrical work 8.32except under the direct supervision of an individual actually licensed to perform such 8.33work. Unlicensed individuals shall not supervise the performance of electrical work or 8.34make assignments of electrical work to unlicensed individuals. Except for technology 9.1circuit new text begin circuits new text end or system new text begin systems new text end work, licensed individuals shall supervise no more 9.2than two unlicensed individuals. For technology circuit new text begin circuits new text end or system new text begin systems new text end work, 9.3licensed individuals shall supervise no more than three unlicensed individuals. 9.4    (b) Notwithstanding any other provision of this section, no individual other than a 9.5master electrician or power limited technician shall plan or lay out electrical wiring, 9.6apparatus, or equipment for light, heat, power, or other purposes, except circuits or 9.7systems exempted from personal licensing by subdivision 12, paragraph (b). 9.8    (c) Contractors employing unlicensed individuals to perform electrical work shall 9.9maintain records establishing compliance with this subdivision that shall identify all 9.10unlicensed individuals performing electrical work, except for individuals working on 9.11circuits or systems exempted from personal licensing by subdivision 12, paragraph (b), 9.12and shall permit the department to examine and copy all such records. 9.13    (d) When a licensed individual supervises the electrical work of an unlicensed 9.14individual, the licensed individual is responsible for ensuring that the electrical work 9.15complies with the Minnesota Electrical Act and all rules adopted under the act. 9.16    Sec. 16. Minnesota Statutes 2007 Supplement, section 326.242, subdivision 12, 9.17is amended to read: 9.18    Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance 9.19electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 9.20if: 9.21    (1) the individual is engaged in the maintenance and repair of electrical equipment, 9.22apparatus, and facilities that are owned or leased by the individual's employer and that are 9.23located within the limits of property operated, maintained, and either owned or leased by 9.24the individual's employer; 9.25    (2) the individual is supervised by: 9.26    (i) the responsible master electrician for a contractor who has contracted with the 9.27individual's employer to provide services for which a contractor's license is required; or 9.28    (ii) a licensed master electrician, a licensed maintenance electrician, an electrical 9.29engineer, or, if the maintenance and repair work is limited to technology circuit and system new text begin new text end 9.30 new text begin circuits or systems new text end work, a licensed power limited technician; and 9.31    (3) the individual's employer has filed with the commissioner a certificate of 9.32responsible person, signed by the responsible master electrician of the contractor, the 9.33licensed master electrician, the licensed maintenance electrician, the electrical engineer, or 9.34the licensed power limited technician, and stating that the person signing the certificate is 10.1responsible for ensuring that the maintenance and repair work performed by the employer's 10.2employees complies with the Minnesota Electrical Act and the rules adopted under that act. 10.3    (b) Employees of a licensed electrical or technology systems contractor or other 10.4employer where provided with supervision by a master electrician in accordance with 10.5subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph 10.6(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399 10.7for the planning, laying out, installing, altering, and repairing of technology circuits or 10.8systems except planning, laying out, or installing: 10.9    (1) in other than residential dwellings, class 2 or class 3 remote control circuits that 10.10control circuits or systems other than class 2 or class 3, except circuits that interconnect 10.11these systems through communication, alarm, and security systems are exempted from 10.12this paragraph; 10.13    (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing 10.14physically unprotected circuits other than class 2 or class 3; or 10.15    (3) technology circuits and new text begin or new text end systems in hazardous classified locations as covered 10.16by chapter 5 of the National Electrical Code. 10.17    (c) Companies and their employees that plan, lay out, install, alter, or repair class 10.182 and class 3 remote control wiring associated with plug or cord and plug connected 10.19appliances other than security or fire alarm systems installed in a residential dwelling are 10.20not required to hold a license under sections 326B.31 to 326B.399. 10.21    (d) Heating, ventilating, air conditioning, and refrigeration contractors and their 10.22employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 10.23when performing heating, ventilating, air conditioning, or refrigeration work as described 10.24in section 326.245. 10.25    (e) Employees of any electrical, communications, or railway utility, cable 10.26communications company as defined in section 238.02, or a telephone company as defined 10.27under section 237.01 or its employees, or of any independent contractor performing work 10.28on behalf of any such utility, cable communications company, or telephone company, shall 10.29not be required to hold a license under sections 326B.31 to 326B.399: 10.30    (1) while performing work on installations, materials, or equipment which are owned 10.31or leased, and operated and maintained by such utility, cable communications company, or 10.32telephone company in the exercise of its utility, antenna, or telephone function, and which 10.33    (i) are used exclusively for the generation, transformation, distribution, transmission, 10.34or metering of electric current, or the operation of railway signals, or the transmission 10.35of intelligence and do not have as a principal function the consumption or use of electric 11.1current or provided service by or for the benefit of any person other than such utility, cable 11.2communications company, or telephone company, and 11.3    (ii) are generally accessible only to employees of such utility, cable communications 11.4company, or telephone company or persons acting under its control or direction, and 11.5    (iii) are not on the load side of the service point or point of entrance for 11.6communication systems; 11.7    (2) while performing work on installations, materials, or equipment which are a part 11.8of the street lighting operations of such utility; or 11.9    (3) while installing or performing work on outdoor area lights which are directly 11.10connected to a utility's distribution system and located upon the utility's distribution poles, 11.11and which are generally accessible only to employees of such utility or persons acting 11.12under its control or direction. 11.13    (f) An owner shall not be required to hold or obtain a license under sections 326B.31 11.14to 326B.399. 11.15    Sec. 17. Minnesota Statutes 2006, section 326.244, subdivision 1, is amended to read: 11.16    Subdivision 1. Required inspection. Except where any political subdivision has by 11.17ordinance provided for electrical inspection similar to that herein provided, every new 11.18electrical installation in any construction, remodeling, replacement, or repair, except 11.19minor repair work as the same is defined by the board by rule, shall be inspected by the 11.20board new text begin commissioner new text end for compliance with accepted standards of construction for safety 11.21to life and property. 11.22    Sec. 18. Minnesota Statutes 2007 Supplement, section 326.244, subdivision 5, is 11.23amended to read: 11.24    Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall 11.25not be subject to inspection under sections 326B.31 to 326B.399: 11.26    (1) when owned or leased, operated and maintained by any employer whose 11.27maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399, 11.28while performing electrical maintenance work only as defined by board rule; 11.29    (2) when owned or leased, and operated and maintained by any electrical, 11.30communications, or railway utility, cable communications company as defined in section 11.31238.02 , or telephone company as defined under section 237.01, in the exercise of its 11.32utility, antenna, or telephone function; and 11.33    (i) are used exclusively for the generations, transformation, distribution, 11.34transmission, or metering of electric current, or the operation of railway signals, or the 12.1transmission of intelligence, and do not have as a principal function the consumption or 12.2use of electric current by or for the benefit of any person other than such utility, cable 12.3communications company, or telephone company; and 12.4    (ii) are generally accessible only to employees of such utility, cable communications 12.5company, or telephone company or persons acting under its control or direction; and 12.6    (iii) are not on the load side of the service point or point of entrance for 12.7communication systems; 12.8    (3) when used in the street lighting operations of an electrical utility; 12.9    (4) when used as outdoor area lights which are owned and operated by an electrical 12.10utility and which are connected directly to its distribution system and located upon the 12.11utility's distribution poles, and which are generally accessible only to employees of such 12.12utility or persons acting under its control or direction; 12.13    (5) when the installation, material, and equipment are in facilities subject to the 12.14jurisdiction of the federal Mine Safety and Health Act; or 12.15    (6) when the installation, material, and equipment is part of an elevator installation 12.16for which the elevator contractor, licensed under section 326.242, is required to obtain 12.17a permit from the authority having jurisdiction as provided by section 16B.747, and the 12.18inspection has been or will be performed by an elevator inspector certified and licensed 12.19by the department. This exemption shall apply only to installations, material, and 12.20equipment permitted or required to be connected on the load side of the disconnecting 12.21means required for elevator equipment under National Electrical Code Article 620, and 12.22elevator communications and alarm systems within the machine room, car, hoistway, or 12.23elevator lobby. 12.24    Sec. 19. Minnesota Statutes 2007 Supplement, section 326.37, subdivision 1a, is 12.25amended to read: 12.26    Subd. 1a. Agreements with municipalities. The commissioner may enter into an 12.27agreement with a municipality, in which the municipality agrees to perform plan and 12.28specification reviews required to be performed by the commissioner under Minnesota 12.29Rules, part 4715.3130, if: 12.30    (a) the municipality has adopted: 12.31    (1) the plumbing code; 12.32    (2) an ordinance that requires plumbing plans and specifications to be submitted to, 12.33reviewed, and approved by the municipality, except as provided in paragraph (h) new text begin (n) new text end ; 12.34    (3) an ordinance that authorizes the municipality to perform inspections required by 12.35the plumbing code; and 13.1    (4) an ordinance that authorizes the municipality to enforce the plumbing code in its 13.2entirety, except as provided in paragraph (p); 13.3    (b) the municipality agrees to review plumbing plans and specifications for all 13.4construction for which the plumbing code requires the review of plumbing plans and 13.5specifications, except as provided in paragraph (n); 13.6    (c) the municipality agrees that, when it reviews plumbing plans and specifications 13.7under paragraph (b), the review will: 13.8    (1) reflect the degree to which the plans and specifications affect the public health 13.9and conform to the provisions of the plumbing code; 13.10    (2) ensure that there is no physical connection between water supply systems that 13.11are safe for domestic use and those that are unsafe for domestic use; and 13.12    (3) ensure that there is no apparatus through which unsafe water may be discharged 13.13or drawn into a safe water supply system; 13.14    (d) the municipality agrees to perform all inspections required by the plumbing 13.15code in connection with projects for which the municipality reviews plumbing plans and 13.16specifications under paragraph (b); 13.17    (e) the commissioner determines that the individuals who will conduct the 13.18inspections and the plumbing plan and specification reviews for the municipality do not 13.19have any conflict of interest in conducting the inspections and the plan and specification 13.20reviews; 13.21    (f) individuals who will conduct the plumbing plan and specification reviews for 13.22the municipality are: 13.23    (1) licensed master plumbers; 13.24    (2) licensed professional engineers; or 13.25    (3) individuals who are working under the supervision of a licensed professional 13.26engineer or licensed master plumber and who are licensed master or journeyman plumbers 13.27or hold a postsecondary degree in engineering; 13.28    (g) individuals who will conduct the plumbing plan and specification reviews for 13.29the municipality have passed a competency assessment required by the commissioner to 13.30assess the individual's competency at reviewing plumbing plans and specifications; 13.31    (h) individuals who will conduct the plumbing inspections for the municipality 13.32are licensed master or journeyman plumbers, or inspectors meeting the competency 13.33requirements established in rules adopted under section 16B.655; 13.34    (i) the municipality agrees to enforce in its entirety the plumbing code on all 13.35projects, except as provided in paragraph (p); 14.1    (j) the municipality agrees to keep official records of all documents received, 14.2including plans, specifications, surveys, and plot plans, and of all plan reviews, permits 14.3and certificates issued, reports of inspections, and notices issued in connection with 14.4plumbing inspections and the review of plumbing plans and specifications; 14.5    (k) the municipality agrees to maintain the records described in paragraph (j) in the 14.6official records of the municipality for the period required for the retention of public 14.7records under section 138.17, and shall make these records readily available for review at 14.8the request of the commissioner; 14.9    (l) the municipality and the commissioner agree that if at any time during the 14.10agreement the municipality does not have in effect the plumbing code or any of ordinances 14.11described in item new text begin paragraph new text end (a), or if the commissioner determines that the municipality 14.12is not properly administering and enforcing the plumbing code or is otherwise not 14.13complying with the agreement: 14.14    (1) the commissioner may, effective 14 days after the municipality's receipt of 14.15written notice, terminate the agreement; 14.16    (2) the municipality may challenge the termination in a contested case before the 14.17commissioner pursuant to the Administrative Procedure Act; and 14.18    (3) while any challenge is pending under item new text begin clause new text end (2), the commissioner shall 14.19perform plan and specification reviews within the municipality under Minnesota Rules, 14.20part 4715.3130; 14.21    (m) the municipality and the commissioner agree that the municipality may terminate 14.22the agreement with or without cause on 90 days' written notice to the commissioner; 14.23    (n) the municipality and the commissioner agree that the municipality shall forward 14.24to the state for review all plumbing plans and specifications for the following types of 14.25projects within the municipality: 14.26    (1) hospitals, nursing homes, supervised living facilities, and similar 14.27health-care-related facilities regulated by the Minnesota Department of Health; 14.28    (2) buildings owned by the federal or state government; and 14.29    (3) projects of a special nature for which department review is requested by either 14.30the municipality or the state; 14.31    (o) where the municipality forwards to the state for review plumbing plans and 14.32specifications, as provided in paragraph (n), the municipality shall not collect any fee for 14.33plan review, and the commissioner shall collect all applicable fees for plan review; and 14.34    (p) no municipality shall revoke, suspend, or place restrictions on any plumbing 14.35license issued by the state. 15.1    Sec. 20. Minnesota Statutes 2007 Supplement, section 326.37, subdivision 4, is 15.2amended to read: 15.3    Subd. 4. Air admittance valves and water-free urinals prohibited. (a) 15.4Mechanical devices and fittings with internal moving parts are prohibited from installation 15.5in plumbing venting systems. 15.6    (b) All urinals covered under the jurisdiction of the State Plumbing Code must have 15.7a water flush device with a volume of not more than one gallon per use. 15.8    Sec. 21. Minnesota Statutes 2007 Supplement, section 326.3705, subdivision 1, 15.9is amended to read: 15.10    Subdivision 1. Composition. (a) The Plumbing Board shall consist of 14 members. 15.11Twelve members shall be appointed by the governor with the advice and consent of the 15.12senate and shall be voting members. Appointments of members by the governor shall be 15.13made in accordance with section 15.066. If the senate votes to refuse to consent to an 15.14appointment of a member made by the governor, the governor shall appoint a new member 15.15with the advice and consent of the senate. One member shall be the commissioner of 15.16labor and industry or the commissioner of labor and industry's designee, who shall be a 15.17voting member. One member shall be the commissioner of health or the commissioner of 15.18health's designee, who shall not be a voting member. Of the 12 appointed members, the 15.19composition shall be as follows: 15.20    (1) two members shall be municipal plumbing inspectors, one from the metropolitan 15.21area and one from greater Minnesota; 15.22    (2) one member shall be a licensed professional engineer specializing in plumbing 15.23designs or systems; 15.24    (3) two members shall be commercial/industrial plumbing contractors, one from the 15.25metropolitan area and one from greater Minnesota; 15.26    (4) one member shall be a residential plumbing contractor; 15.27    (5) two members shall be commercial/industrial journeymen, one from the 15.28metropolitan area and one from greater Minnesota; 15.29    (6) one member shall be a residential plumbing journeyman; 15.30    (7) one member shall be a water conditioning contractor; 15.31    (8) one member shall be a municipal public water supply system operator or 15.32superintendent; and 15.33    (9) one member shall be a public member as defined by section 214.02. 15.34One of the municipal plumbing inspectors shall be appointed for an initial term to end on 15.35December 31, 2010. The other municipal plumbing inspector shall be appointed for an 16.1initial term to end on December 31, 2011. The professional engineer shall be appointed for 16.2an initial term to end on December 31, 2011. One of the commercial/industrial plumbing 16.3contractors shall be appointed for an initial term to end on December 31, 2010. The other 16.4commercial/industrial plumbing contractor shall be appointed for an initial term to end 16.5on December 31, 2011. The residential plumbing contractor shall be appointed for an 16.6initial term to end on December 31, 2010. One of the commercial/industrial plumbing 16.7journeymen shall be appointed for an initial term to end on December 31, 2011. The 16.8other commercial/industrial plumbing journeyman shall be appointed for an initial term 16.9to end on December 31, 2010. The residential plumbing journeyman shall be appointed 16.10for an initial term to end on December 31, 2011. The water conditioning contractor shall 16.11be appointed for an initial term to end on December 31, 2011. The municipal public 16.12water supply system operator or superintendent shall be appointed for an initial term to 16.13end on December 31, 2010. The public member shall be appointed for a term to end 16.14December 31, 2010. 16.15    (b) The licensed professional engineer must possess a current Minnesota professional 16.16engineering license and maintain the license for the duration of their term. All other 16.17appointed members, except for the water conditioning contractor new text begin , the public member, new text end and 16.18the municipal public water supply system operator or superintendent, must possess a 16.19current plumbing license issued by the Department of Labor and Industry and maintain 16.20that license for the duration of their term. The water conditioning contractor must be 16.21licensed as a water conditioning contractor by the Department of Labor and Industry and 16.22maintain the license for the duration of the term on the board. All appointed members 16.23must be residents of Minnesota at the time of and throughout the member's appointment. 16.24The term of any appointed member that does not maintain membership qualification status 16.25shall end on the date of the status change and the governor shall appoint a new member. It 16.26is the responsibility of the member to notify the board of the member's status change. 16.27    (c) For appointed members, except the initial terms designated in paragraph (a), each 16.28term shall be three years with the terms ending on December 31. Members appointed by 16.29the governor shall be limited to three consecutive terms. The governor shall, all or in part, 16.30reappoint the current members or appoint replacement members with the advice and 16.31consent of the senate. Midterm vacancies shall be filled for the remaining portion of the 16.32term. Vacancies occurring with less than six months time remaining in the term shall be 16.33filled for the existing term and the following three-year term. Members may serve until 16.34their successors are appointed but in no case later than July 1 in a year in which the term 16.35expires unless reappointed. 17.1    Sec. 22. Minnesota Statutes 2007 Supplement, section 326.40, subdivision 2, is 17.2amended to read: 17.3    Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give 17.4bond to the state in the amount of $25,000 for all work entered into within the state. The 17.5bond shall be for the benefit of persons injured or suffering financial loss by reason of 17.6failure to comply with the requirements of the State Plumbing Code. The bond shall 17.7be filed with the commissioner and shall be written by a corporate surety licensed to 17.8do business in the state. 17.9    In addition, each applicant for a master plumber license new text begin or restricted master plumber new text end 17.10 new text begin license, new text end or renewal thereof, shall provide evidence of public liability insurance, including 17.11products liability insurance with limits of at least $50,000 per person and $100,000 per 17.12occurrence and property damage insurance with limits of at least $10,000. The insurance 17.13shall be written by an insurer licensed to do business in the state of Minnesota and 17.14each licensed master plumber shall maintain on file with the commissioner a certificate 17.15evidencing the insurance providing that the insurance shall not be canceled without the 17.16insurer first giving 15 days written notice to the commissioner. The term of the insurance 17.17shall be concurrent with the term of the license. 17.18    Sec. 23. Minnesota Statutes 2007 Supplement, section 326.40, subdivision 3, is 17.19amended to read: 17.20    Subd. 3. Bond and insurance exemption. If a master plumber new text begin or restricted master new text end 17.21 new text begin plumber new text end who is in compliance with the bond and insurance requirements of subdivision 2 new text begin , new text end 17.22employs another master new text begin a licensed new text end plumber, the employee master plumber shall not be 17.23required to meet the bond and insurance requirements of subdivision 2. A master plumber new text begin new text end 17.24 new text begin An individual new text end who is an employee working on the maintenance and repair of plumbing 17.25equipment, apparatus, or facilities owned or leased by their new text begin the individual's new text end employer and 17.26which is within the limits of property owned or leased, and operated or maintained by 17.27their new text begin the individual's new text end employer, shall not be required to meet the bond and insurance 17.28requirements of subdivision 2. 17.29    Sec. 24. Minnesota Statutes 2007 Supplement, section 326.40, is amended by adding a 17.30subdivision to read: 17.31     new text begin Subd. 6. new text end new text begin Exterior connections. new text end new text begin Persons licensed as manufactured home installers new text end 17.32 new text begin under chapter 327B are not required to be licensed under sections 326B.42 to 326B.49 new text end 17.33 new text begin when connecting the exterior building drain sewer outlets to the above ground building new text end 17.34 new text begin sewer system and when connecting the exterior water line to the above ground water new text end 18.1 new text begin system to the manufactured home as described in National Manufactured Housing new text end 18.2 new text begin Construction and Safety Standards Act of 1974, United States Code, title 42, section 5401 new text end 18.3 new text begin et seq. No additional licensure, bond, or insurance related to the scope of work permitted new text end 18.4 new text begin under this subdivision may be required of a licensed manufactured home installer by new text end 18.5 new text begin any unit of government. new text end 18.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.7    Sec. 25. Minnesota Statutes 2007 Supplement, section 326.47, subdivision 2, is 18.8amended to read: 18.9    Subd. 2. Permissive municipal regulation. The commissioner may enter into an 18.10agreement with a municipality, in which the municipality agrees to perform inspections 18.11and issue permits for the construction and installation of high pressure piping systems 18.12within the municipality's geographical area of jurisdiction, if: 18.13    (a) The municipality has adopted: 18.14    (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to 18.155230.6200; 18.16    (2) an ordinance that authorizes the municipality to issue permits to persons holding 18.17a high pressure piping business license issued by the department and only for construction 18.18or installation that would, if performed properly, fully comply with all Minnesota Statutes 18.19and Minnesota Rules; 18.20    (3) an ordinance that authorizes the municipality to perform the inspections that are 18.21required under Minnesota Statutes or Minnesota Rules of new text begin governing new text end the construction and 18.22installation of high pressure piping systems; and 18.23    (4) an ordinance that authorizes the municipality to enforce the code for power 18.24piping systems in its entirety. 18.25    (b) The municipality agrees to issue permits only to persons holding a high pressure 18.26piping business license as required by law at the time of the permit issuance, and only for 18.27construction or installation that would, if performed properly, comply with all Minnesota 18.28Statutes and Minnesota Rules governing the construction or installation of high pressure 18.29piping systems. 18.30    (c) The municipality agrees to issue permits only on forms approved by the 18.31department. 18.32    (d) The municipality agrees that, for each permit issued by the municipality, the 18.33municipality shall perform one or more inspections of the construction or installation to 18.34determine whether the construction or installation complies with all Minnesota Statutes 19.1and Minnesota Rules governing the construction or installation of high pressure piping 19.2systems, and shall prepare a written report of each inspection. 19.3    (e) The municipality agrees to notify the commissioner within 24 hours after the 19.4municipality discovers any violation of the licensing laws related to high pressure piping. 19.5    (f) The municipality agrees to notify the commissioner immediately if the 19.6municipality discovers that any entity has failed to meet a deadline set by the municipality 19.7for correction of a violation of the high pressure piping laws. 19.8    (g) The commissioner determines that the individuals who will conduct the 19.9inspections for the municipality do not have any conflict of interest in conducting the 19.10inspections. 19.11    (h) Individuals who will conduct the inspections for the municipality are permanent 19.12employees of the municipality and are licensed contracting high pressure pipefitters or 19.13licensed journeyman high pressure pipefitters. 19.14    (i) The municipality agrees to notify the commissioner within ten days of any 19.15changes in the names or qualifications of the individuals who conduct the inspections 19.16for the municipality. 19.17    (j) The municipality agrees to enforce in its entirety the code for power piping 19.18systems on all projects. 19.19    (k) The municipality shall not approve any piping installation unless the installation 19.20conforms to all applicable provisions of the high pressure piping laws in effect at the 19.21time of the installation. 19.22    (l) The municipality agrees to promptly require compliance or revoke a permit that 19.23it has issued if there is noncompliance with any of the applicable provisions of the high 19.24pressure piping laws in connection with the work covered by the permit. The municipality 19.25agrees to revoke the permit if any laws regulating the licensing of pipefitters have been 19.26violated. 19.27    (m) The municipality agrees to keep official records of all documents received, 19.28including permit applications, and of all permits issued, reports of inspections, and notices 19.29issued in connection with inspections. 19.30    (n) The municipality agrees to maintain the records described in paragraph (m) in 19.31the official records of the municipality for the period required for the retention of public 19.32records under section 138.17, and shall make these records readily available for review 19.33according to section 13.37. 19.34    (o) Not later than the tenth day of each month, the municipality shall submit to the 19.35commissioner a report of all high pressure piping permits issued by the municipality during 20.1the preceding month. This report shall be in a format approved by the commissioner 20.2and shall include: 20.3    (1) the name of the contractor; 20.4    (2) the license number of the contractor's license issued by the commissioner; 20.5    (3) the permit number; 20.6    (4) the address of the job; 20.7    (5) the date the permit was issued; 20.8    (6) a brief description of the work; and 20.9    (7) the amount of the inspection fee. 20.10    (p) Not later than the 31st day of January of each year, the municipality shall submit 20.11a summary report to the commissioner identifying the status of each high pressure piping 20.12project for which the municipality issued a permit during the preceding year, and the 20.13status of high pressure piping projects for which the municipality issued a permit during a 20.14prior year where no final inspection had occurred by the first day of the preceding year. 20.15This summary report shall include: 20.16    (1) the permit number; 20.17    (2) the date of any final inspection; and 20.18    (3) identification of any violation of high pressure piping laws related to work 20.19covered by the permit. 20.20    (q) The municipality and the commissioner agree that if at any time during the 20.21agreement the municipality does not have in effect the code for high pressure piping 20.22systems or any of the ordinances described in paragraph (a), or if the commissioner 20.23determines that the municipality is not properly administering and enforcing the code for 20.24high pressure piping or is otherwise not complying with the agreement: 20.25    (1) the commissioner may, effective 14 days after the municipality's receipt of 20.26written notice, terminate the agreement and have the administration and enforcement of 20.27the high pressure piping code in the involved municipality undertaken by the department; 20.28    (2) the municipality may challenge the termination in a contested case before the 20.29commissioner pursuant to the Administrative Procedure Act; and 20.30    (3) while any challenge under clause (2) is pending, the commissioner may exercise 20.31oversight of the municipality to the extent needed to ensure that high pressure piping 20.32inspections are performed and permits are issued in accordance with the high pressure 20.33piping laws. 20.34    (r) The municipality and the commissioner agree that the municipality may terminate 20.35the agreement with or without cause on 90 days' written notice to the commissioner. 21.1    (s) The municipality and the commissioner agree that no municipality shall 21.2revoke, suspend, or place restrictions on any high pressure piping license issued by the 21.3commissioner. If the municipality identifies during an inspection any violation that 21.4may warrant revocation, suspension, or placement of restrictions on a high pressure 21.5piping license issued by the commissioner, the municipality shall promptly notify the 21.6commissioner of the violation and the commissioner shall determine whether revocation, 21.7suspension, or placement of restrictions on any high pressure piping license issued by 21.8the commissioner is appropriate. 21.9    Sec. 26. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 1, is 21.10amended to read: 21.11    Subdivision 1. License required; rules; time credit. No individual shall engage in 21.12or work at the business of a contracting high pressure pipefitter unless issued an individual new text begin new text end 21.13 new text begin a new text end contracting high pressure pipefitter license to do so by the department under rules 21.14adopted by the board. No license shall be required for repairs on existing installations. No 21.15individual shall engage in or work at the business of journeyman high pressure pipefitter 21.16unless issued an individual new text begin a new text end journeyman high pressure pipefitter competency license to do 21.17so by the department under rules adopted by the board. A person new text begin An individual new text end possessing 21.18an individual new text begin a new text end contracting high pressure pipefitter competency license may also work 21.19as a journeyman high pressure pipefitter. 21.20    No person shall construct or install high pressure piping, nor install high pressure 21.21piping in connection with the dealing in and selling of high pressure pipe material and 21.22supplies, unless, at all times, an individual possessing a contracting high pressure pipefitter 21.23individual competency license or a journeyman high pressure pipefitter individual 21.24competency license is responsible for ensuring that the high pressure pipefitting work is in 21.25conformity with Minnesota Statutes and Minnesota Rules. 21.26    The board shall prescribe rules, not inconsistent herewith, for the examination and 21.27individual competency licensing of contracting high pressure pipefitters and journeyman 21.28high pressure pipefitters and for issuance of permits by the department and municipalities 21.29for the installation of high pressure piping. 21.30    An employee performing the duties of inspector for the department in regulating 21.31pipefitting shall not receive time credit for the inspection duties when making an 21.32application for a license required by this section. 21.33    Sec. 27. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2, is 21.34amended to read: 22.1    Subd. 2. High pressure pipefitting business license. Before obtaining a permit 22.2for high pressure piping work, a person must obtain or utilize a business with a high 22.3pressure piping business license. 22.4    A person must have at all times as a full-time employee at least one individual 22.5holding an individual new text begin a new text end contracting high pressure pipefitter competency license. Only 22.6full-time employees who hold individual contracting high pressure pipefitter licenses 22.7are authorized to obtain high pressure piping permits in the name of the business. The 22.8individual contracting high pressure pipefitter competency license holder can be the 22.9employee of only one high pressure piping business at a time. 22.10    To retain its business license without reapplication, a person holding a high pressure 22.11piping business license that ceases to employ an individual holding an individual new text begin a new text end 22.12contracting high pressure pipefitter competency license shall have 60 days from the last 22.13day of employment of its previous individual contracting pipefitter competency license 22.14holder to employ another license holder. The department must be notified no later than 22.15five days after the last day of employment of the previous license holder. 22.16    No high pressure pipefitting work may be performed during any period when the 22.17high pressure pipefitting business does not have an individual new text begin a new text end contracting high pressure 22.18pipefitter competency license holder on staff. If a license holder is not employed within 22.1960 days after the last day of employment of the previous license holder, the pipefitting 22.20business license shall lapse. 22.21    The board shall prescribe by rule procedures for application for and issuance of 22.22business licenses. 22.23    Sec. 28. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2a, is 22.24amended to read: 22.25    Subd. 2a. Registration requirement. All unlicensed individuals, other than 22.26pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure 22.27piping business shall employ an unlicensed individual to assist in the practical construction 22.28and installation of high pressure piping and appurtenances unless the unlicensed individual 22.29is registered with the department. A pipefitter apprentice or registered unlicensed 22.30individual employed by a high pressure piping business may assist in the practical 22.31construction and installation of high pressure piping and appurtenances only while under 22.32direct supervision of a licensed individual contracting high pressure pipefitter or licensed 22.33journeyman high pressure pipefitter employed by the same high pressure piping business. 22.34The licensed individual contracting high pressure pipefitter or licensed journeyman high 22.35pressure pipefitter shall supervise no more than two pipefitter apprentices or registered 23.1unlicensed individuals. The licensed individual contracting high pressure pipefitter or 23.2journeyman high pressure pipefitter is responsible for ensuring that all high pressure 23.3piping work performed by the pipefitter apprentice or registered unlicensed individual 23.4complies with Minnesota Statutes and Minnesota Rules. 23.5    The board shall make recommendations by October 1, 2008, to the chairs of 23.6the standing committees of the senate and house of representatives having jurisdiction 23.7over high pressure piping regulation on the ratio of licensed individual contracting 23.8high pressure pipefitters or licensed journeyman high pressure pipefitters to pipefitter 23.9apprentices or registered unlicensed individuals for purposes of supervision. 23.10    Sec. 29. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 2b, is 23.11amended to read: 23.12    Subd. 2b. Registration with commissioner. An unlicensed individual may 23.13register to assist in the practical construction and installation of high pressure piping 23.14and appurtenances while in the employ of a licensed high pressure piping business by 23.15completing and submitting to the commissioner a registration form provided by the 23.16commissioner. The board of High Pressure Piping Systems may prescribe rules, not 23.17inconsistent with this section, for the registration of unlicensed individuals. 23.18    An unlicensed individual applying for initial registration shall pay the department an 23.19application fee of $50. Applications for initial registration may be submitted at any time. 23.20Registration must be renewed annually and shall be valid for one calendar year beginning 23.21January 1. Applications for renewal registration must be submitted to the commissioner 23.22before December 31 of each registration period on forms provided by the commissioner, 23.23and must be accompanied by a fee of $50. There shall be no refund of fees paid. 23.24    Sec. 30. Minnesota Statutes 2007 Supplement, section 326.48, subdivision 5, is 23.25amended to read: 23.26    Subd. 5. License fee. The department shall charge the following license fees: 23.27    (a) application for journeyman high pressure piping pipefitter competency license, 23.28$120; 23.29    (b) renewal of journeyman high pressure piping pipefitter competency license, $80; 23.30    (c) application for contracting high pressure piping pipefitter competency license, 23.31$270; 23.32    (d) renewal of contracting high pressure piping pipefitter competency license, $240; 23.33    (e) application for high pressure piping business license, $450; 24.1    (f) application to inactivate a contracting high pressure piping pipefitter competency 24.2license or inactivate a journeyman high pressure piping pipefitter competency license, 24.3$40; and 24.4    (g) renewal of an inactive contracting high pressure piping pipefitter competency 24.5license or inactive journeyman high pressure piping pipefitter competency license, $40. 24.6    If an application for renewal of an active or inactive journeyman high pressure 24.7piping pipefitter competency license or active or inactive contracting high pressure piping new text begin new text end 24.8 new text begin pipefitter new text end competency license is received by the department after the date of expiration of 24.9the license, a $30 late renewal fee shall be added to the license renewal fee. 24.10    Payment must accompany the application for a license or renewal of a license. There 24.11shall be no refund of fees paid. 24.12    Sec. 31. Minnesota Statutes 2007 Supplement, section 326.50, is amended to read: 24.13326.50 LICENSE APPLICATION AND RENEWAL. 24.14    Application for an individual new text begin a new text end contracting high pressure pipefitter competency or an 24.15individual new text begin a new text end journeyman high pressure pipefitter competency license shall be made to the 24.16department, with fees. The applicant shall be licensed only after passing an examination 24.17developed and administered by the department in accordance with rules adopted by the 24.18board. A competency license issued by the department shall expire on December 31 of 24.19each year. A renewal application must be received by the department within one year 24.20after expiration of the competency license. A license that has been expired for more 24.21than one year cannot be renewed, and can only be reissued if the applicant submits a 24.22new application for the competency license, pays a new application fee, and retakes and 24.23passes the applicable license examination. 24.24    Sec. 32. Minnesota Statutes 2007 Supplement, section 326.505, subdivision 1, is 24.25amended to read: 24.26    Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems 24.27shall consist of 13 members. Twelve members shall be appointed by the governor with 24.28the advice and consent of the senate and shall be voting members. Appointments of 24.29members by the governor shall be made in accordance with section 15.066. If the senate 24.30votes to refuse to consent to an appointment of a member made by the governor, the 24.31governor shall appoint a new member with the advice and consent of the senate. One 24.32member shall be the commissioner of labor and industry or the commissioner of labor and 24.33industry's designee, who shall be a voting member. Of the 12 appointed members, the 24.34composition shall be as follows: 25.1    (1) one member shall be a high pressure piping inspector; 25.2    (2) one member shall be a licensed mechanical engineer; 25.3    (3) one member shall be a representative of the high pressure piping industry; 25.4    (4) four members shall be new text begin contracting new text end high pressure piping contractors new text begin pipefitters new text end 25.5engaged in the scope new text begin business new text end of high pressure piping, two from the metropolitan area 25.6and two from greater Minnesota; 25.7    (5) two members shall be new text begin journeyman new text end high pressure piping journeymen new text begin pipefitters new text end 25.8engaged in the scope new text begin business new text end of high pressure piping systems installation, one from the 25.9metropolitan area and one from greater Minnesota; 25.10    (6) one member shall be a representative of industrial companies that use high 25.11pressure piping systems in their industrial process; 25.12    (7) one member shall be a representative from utility companies in Minnesota; and 25.13    (8) one member shall be a public member as defined by section 214.02. 25.14    The high pressure piping inspector shall be appointed for a term to end December 25.1531, 2011. The professional mechanical engineer shall be appointed for a term to end 25.16December 31, 2010. The representative of the high pressure piping industry shall be 25.17appointed for a term to end December 31, 2011. Two of the new text begin contracting new text end high pressure 25.18piping contractors new text begin pipefitters new text end shall be appointed for a term to end December 31, 2011. The 25.19other two new text begin contracting new text end high pressure piping contractors new text begin pipefitters new text end shall be appointed for a 25.20term to end December 31, 2010. One of the new text begin journeyman new text end high pressure piping journeymen new text begin new text end 25.21 new text begin pipefitters new text end shall be appointed for a term to end December 31, 2011. The other new text begin journeyman new text end 25.22high pressure piping journeyman new text begin pipefitter new text end shall be appointed for a term to end December 25.2331, 2010. The one representative of industrial companies that use high pressure piping 25.24systems in their industrial process shall be appointed for a term to end December 31, 25.252010. The one representative of a utility company in Minnesota shall be appointed for 25.26a term to end December 31, 2010. The public member shall be appointed for a term to 25.27end December 31, 2010. 25.28    (b) The licensed professional mechanical engineer must possess a current Minnesota 25.29professional engineering license and maintain the license for the duration of their term. 25.30All other appointed members, except for the representative of the piping industry, the 25.31representative of industrial companies that use high pressure piping systems, new text begin the public new text end 25.32 new text begin member, new text end and the representative of public utility companies in Minnesota, must possess 25.33a current high pressure piping license issued by the Department of Labor and Industry 25.34and maintain that license for the duration of their term. All appointed members must be 25.35residents of Minnesota at the time of and throughout the member's appointment. The term 25.36of any appointed member that does not maintain membership qualification status shall 26.1end on the date of status change and the governor shall appoint a new member. It is the 26.2responsibility of the member to notify the board of the member's status change. 26.3    (c) For appointed members, except the initial terms designated in paragraph (a), each 26.4term shall be three years with the terms ending on December 31. Members appointed by 26.5the governor shall be limited to three consecutive terms. The governor shall, all or in part, 26.6reappoint the current members or appoint replacement members with the advice and 26.7consent of the senate. Midterm vacancies shall be filled for the remaining portion of the 26.8term. Vacancies occurring with less than six months time remaining in the term shall be 26.9filled for the existing term and the following three-year term. Members may serve until 26.10their successors are appointed but in no case later than July 1 in a year in which the term 26.11expires unless reappointed. 26.12    Sec. 33. Minnesota Statutes 2007 Supplement, section 326.505, subdivision 2, is 26.13amended to read: 26.14    Subd. 2. Powers; duties; administrative support. (a) The board shall have the 26.15power to: 26.16    (1) elect its chair, vice-chair, and secretary; 26.17    (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board, 26.18and containing such other provisions as may be useful and necessary for the efficient 26.19conduct of the business of the board; 26.20    (3) adopt the high pressure piping code that must be followed in this state and any 26.21high pressure piping code amendments thereto. The board shall adopt the high pressure 26.22piping code and any amendments thereto pursuant to chapter 14, and as provided in 26.23subdivision 6, paragraphs (b), (c), and (d); 26.24    (4) review requests for final interpretations and issue final interpretations as provided 26.25in section 16B.63, subdivision 5; 26.26    (5) except for rules regulating continuing education, adopt rules that regulate the 26.27licensure or registration of high pressure piping contractors, journeymen, and other 26.28persons engaged in the design, installation, and alteration of high pressure piping systems, 26.29except for those individuals licensed under section 326.02, subdivisions 2 and 3. The 26.30board shall adopt these rules pursuant to chapter 14 and as provided in subdivision 26.316, paragraphs (e) and (f); 26.32    (6) advise the commissioner regarding educational requirements for high pressure 26.33piping inspectors; 26.34    (7) refer complaints or other communications to the commissioner, whether oral or 26.35written, as provided in subdivision 7 new text begin 8 new text end that alleges new text begin allege new text end or implies new text begin imply new text end a violation of 27.1a statute, rule, or order that the commissioner has the authority to enforce pertaining to 27.2code compliance, licensure, or an offering to perform or performance of unlicensed high 27.3pressure piping services; 27.4    (8) approve per diem and expenses deemed necessary for its members as provided in 27.5subdivision 3; 27.6    (9) select from its members individuals to serve on any other state advisory council, 27.7board, or committee; 27.8    (10) recommend the fees for licenses and certifications new text begin registrations new text end ; and 27.9    (11) approve license reciprocity agreements. 27.10    Except for the powers granted to the Plumbing Board, Board of Electricity, and 27.11the Board of High Pressure Piping new text begin Systems new text end , the commissioner of labor and industry 27.12shall administer and enforce the provisions of this chapter and any rules promulgated 27.13pursuant thereto. 27.14    (b) The board shall comply with section 15.0597, subdivisions 2 and 4. 27.15    (c) The commissioner shall coordinate the board's rulemaking and recommendations 27.16with the recommendations and rulemaking conducted by the other boards created pursuant 27.17to chapter 326B. The commissioner shall provide staff support to the board. The support 27.18includes professional, legal, technical, and clerical staff necessary to perform rulemaking 27.19and other duties assigned to the board. The commissioner of labor and industry shall 27.20supply necessary office space and supplies to assist the board in its duties. 27.21    Sec. 34. Minnesota Statutes 2007 Supplement, section 326.505, subdivision 8, is 27.22amended to read: 27.23    Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner 27.24the substance of any complaint or communication it receives, whether written or oral, that 27.25alleges or implies a violation of a statute, rule, or order that the commissioner has the 27.26authority to enforce pertaining to the license or registration of any person authorized by 27.27the department to provide high pressure piping services, the performance or offering to 27.28perform high pressure piping services requiring licensure by an unlicensed person, or high 27.29pressure new text begin piping new text end code compliance. Each complaint or communication that is forwarded to 27.30the commissioner shall be submitted on a form provided by the commissioner. 27.31    (b) The commissioner shall advise the board of the status of the complaint within 90 27.32days after the board's written submission is received, or within 90 days after the board 27.33is provided with a written request for additional information or documentation from the 27.34commissioner or the commissioner's designee, whichever is later. The commissioner shall 27.35advise the board of the disposition of a complaint referred by the board within 180 days 28.1after the board's written submission is received. The commissioner shall annually report to 28.2the board a summary of the actions taken in response to complaints referred by the board. 28.3    Sec. 35. Minnesota Statutes 2007 Supplement, section 326.62, is amended to read: 28.4326.62 FEES. 28.5     Unless examination fees have been set by a contract under section , 28.6Examination fees for both water conditioning contractors and water conditioning installers 28.7shall be $50 for each examination. Each water conditioning contractor and installer 28.8license shall expire on December 31 of the year for which it was issued. The license 28.9fee for each initial water conditioning contractor's license shall be $70, except that the 28.10license fee shall be $35 if the application is submitted during the last three months of the 28.11calendar year. The license fee for each renewal water conditioning contractor's license 28.12shall be $70. The license fee for each initial water conditioning installer license shall be 28.13$35, except that the license fee shall be $17.50 if the application is submitted during the 28.14last three months of the calendar year. The license fee for each renewal water conditioning 28.15installer license shall be $35. The commissioner may by rule prescribe for the expiration 28.16and renewal of licenses. Any licensee who does not renew a license within two years after 28.17the license expires is no longer eligible for renewal. Such an individual must retake and 28.18pass the examination before a new license will be issued. A water conditioning contractor 28.19or water conditioning installer who submits a license renewal application after the time 28.20specified in rule but within two years after the license expired must pay all past due 28.21renewal fees plus a late fee of $25. 28.22    Sec. 36. Minnesota Statutes 2007 Supplement, section 326.84, subdivision 1, is 28.23amended to read: 28.24    Subdivision 1. Persons required to be licensed. A person who meets the definition 28.25of a residential building contractor as defined in section 326.83, subdivision 15, must be 28.26licensed as a residential building contractor by the commissioner. A person who meets the 28.27definition of a residential remodeler as defined in section 326.83, subdivision 16, must be 28.28licensed by the commissioner as a residential remodeler or residential building contractor. 28.29A person who meets the definition of a residential roofer as defined in section 326.83, 28.30subdivision 18, must be licensed by the commissioner as a residential roofer, residential 28.31building contractor, or residential remodeler. A person who meets the definition of a 28.32manufactured home installer as defined in section 327.31, subdivision 6 new text begin 11 new text end , must be 28.33licensed as a manufactured home installer by the commissioner. 29.1    Sec. 37. Minnesota Statutes 2007 Supplement, section 326.86, subdivision 1, is 29.2amended to read: 29.3    Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to 29.4sections 326.83 to 326.98 new text begin , except for manufactured home installers, new text end is $100 per year. 29.5 new text begin The licensing fee for manufactured home installers under section 326.841 is $300 for a new text end 29.6 new text begin three-year period. new text end 29.7    Sec. 38. Minnesota Statutes 2007 Supplement, section 326.87, subdivision 5, is 29.8amended to read: 29.9    Subd. 5. Content. (a) Continuing education consists of approved courses that 29.10impart appropriate and related knowledge in the regulated industries pursuant to sections 29.11326.83 to 326.98. new text begin Courses may include relevant materials that are included in licensing new text end 29.12 new text begin exams subject to the limitations imposed in paragraph (e). new text end The burden of demonstrating 29.13that courses impart appropriate and related knowledge is upon the person seeking approval 29.14or credit. 29.15    (b) Course examinations will not be required for continuing education courses 29.16unless they are required by the sponsor. 29.17    (c) Textbooks are not required to be used for continuing education courses. If 29.18textbooks are not used, the coordinator must provide students with a syllabus containing, 29.19at a minimum, the course title, the times and dates of the course offering, the names and 29.20addresses or telephone numbers of the course coordinator and instructor, and a detailed 29.21outline of the subject materials to be covered. Any written or printed material given to 29.22students must be of readable quality and contain accurate and current information. 29.23    (d) Upon completion of an approved course, licensees shall earn one hour of 29.24continuing education credit for each hour approved by the commissioner. Each continuing 29.25education course must be attended in its entirety in order to receive credit for the number 29.26of approved hours. Courses may be approved for full or partial credit, and for more than 29.27one regulated industry. 29.28    Continuing education credit in an approved course shall be awarded to presenting 29.29instructors on the basis of one credit for each hour of preparation for the initial presentation, 29.30which may not exceed three hours total credit for each approved course. Continuing 29.31education credit may not be earned if the licensee has previously obtained credit for the 29.32same course as a licensee or as an instructor within the three years immediately prior. 29.33    (e) The following courses will not be approved for credit: 29.34    (1) courses designed solely to prepare students for a license examination; 30.1    (2) courses in mechanical office or business skills, including typing, speed reading, 30.2or other machines or equipment. Computer courses are allowed, if appropriate and related 30.3to the regulated industry of the licensee; 30.4    (3) courses in sales promotion, including meetings held in conjunction with the 30.5general business of the licensee; 30.6    (4) courses in motivation, salesmanship, psychology, time management, or 30.7communication; or 30.8    (5) courses that are primarily intended to impart knowledge of specific products of 30.9specific companies, if the use of the product or products relates to the sales promotion or 30.10marketing of one or more of the products discussed. 30.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective September 1, 2008. new text end 30.12    Sec. 39. Minnesota Statutes 2007 Supplement, section 326.93, subdivision 4, is 30.13amended to read: 30.14    Subd. 4. Service on commissioner. (a) When a person, including any nonresident 30.15of this state, engages in conduct prohibited or made actionable by sections 326.83 to 30.16326.98 , or any rule or order under those sections, and the person has not consented to 30.17service of process under subdivision 3, that conduct is equivalent to an appointment of the 30.18commissioner and successors in office as the person's agent to receive service of process in 30.19any noncriminal suit, action, or proceeding against the person that is based on that conduct 30.20and is brought under sections 326.83 to 326.98, or any rule or order under those sections, 30.21with the same force and validity as if served personally on the person consenting to the 30.22appointment of the commissioner and successors in office. Service under this section shall 30.23be made in compliance with subdivision 5. 30.24    (b) Subdivision 5 applies in all other cases in which a person, including a nonresident 30.25of this state, has filed a consent to service of process. This paragraph supersedes any 30.26inconsistent provision of law. 30.27    (c) Subdivision 5 applies in all cases in which service of process is allowed to be 30.28made on the commissioner. 30.29    (d) Subdivision 5 applies to any document served by the commissioner or the 30.30department under section . 30.31    Sec. 40. Minnesota Statutes 2007 Supplement, section 326.94, subdivision 2, is 30.32amended to read: 30.33    Subd. 2. Insurance. Licensees must have public liability insurance with limits of 30.34at least $300,000 per occurrence, which must include at least $10,000 property damage 31.1coverage. new text begin Each licensee shall have and maintain in effect commercial general liability new text end 31.2 new text begin insurance, which includes premises and operations insurance and products and completed new text end 31.3 new text begin operations insurance, with limits of at least $100,000 per occurrence, $300,000 aggregate new text end 31.4 new text begin limit for bodily injury, and property damage insurance with limits of at least $25,000 new text end 31.5 new text begin or a policy with a single limit for bodily injury and property damage of $300,000 per new text end 31.6 new text begin occurrence and $300,000 aggregate limits. new text end The insurance must be written by an insurer 31.7licensed to do business in this state. new text begin Each licensee shall maintain on file with the new text end 31.8 new text begin commissioner a certificate evidencing the insurance which provides that the insurance new text end 31.9 new text begin shall not be canceled without the insurer first giving 15 days' written notice of cancellation new text end 31.10 new text begin to the commissioner. new text end The commissioner may increase the minimum amount of insurance 31.11required for any licensee or class of licensees if the commissioner considers it to be in the 31.12public interest and necessary to protect the interests of Minnesota consumers. 31.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 31.14    Sec. 41. Minnesota Statutes 2007 Supplement, section 326.97, subdivision 1a, is 31.15amended to read: 31.16    Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993, 31.17must be renewed annually new text begin except for a manufactured home installer's license which shall new text end 31.18 new text begin have a renewal period of three years, effective for all renewals and new licenses issued new text end 31.19 new text begin after December 31, 2008 new text end . 31.20    Sec. 42. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 8, 31.21is amended to read: 31.22    Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the 31.23commissioner issues an administrative order or within 20 days after the commissioner 31.24issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the 31.25person to whom the administrative order or notice is issued may request an expedited 31.26hearing to review the commissioner's order or notice. The request for hearing must be 31.27in writing and must be served on or faxed to the commissioner at the address or fax 31.28number specified in the order or notice. If the person does not request a hearing or if the 31.29person's written request for hearing is not served on or faxed to the commissioner by the 31.3030th day after the commissioner issues the administrative order or the 20th day after the 31.31commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b), 31.32clause (3), the order will become a final order of the commissioner and will not be subject 31.33to review by any court or agency. The date on which a request for hearing is served by 31.34mail shall be the postmark date on the envelope in which the request for hearing is mailed. 32.1The hearing request must specifically state the reasons for seeking review of the order or 32.2notice. The person to whom the order or notice is issued and the commissioner are the 32.3parties to the expedited hearing. The commissioner must notify the person to whom the 32.4order or notice is issued of the time and place of the hearing at least 15 days before the 32.5hearing. The expedited hearing must be held within 45 days after a request for hearing has 32.6been served on new text begin received by new text end the commissioner unless the parties agree to a later date. 32.7    (b) new text begin Parties may submit written arguments if permitted by the administrative law new text end 32.8 new text begin judge. new text end All written arguments must be submitted within ten days following the close new text begin new text end 32.9 new text begin completion new text end of the hearing new text begin or the receipt of any late-filed exhibits that the parties and the new text end 32.10 new text begin administrative law judge have agreed should be received into the record, whichever is later new text end . 32.11The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as 32.12modified by this subdivision. The Office of Administrative Hearings may, in consultation 32.13with the agency, adopt rules specifically applicable to cases under this section. 32.14    (c) The administrative law judge shall issue a report making findings of fact, 32.15conclusions of law, and a recommended order to the commissioner within 30 days 32.16following the close of the record new text begin completion of the hearing, the receipt of late-filed new text end 32.17 new text begin exhibits, or the submission of written arguments, whichever is later new text end . 32.18    (d) If the administrative law judge makes a finding that the hearing was requested 32.19solely for purposes of delay or that the hearing request was frivolous, the commissioner 32.20may add to the amount of the penalty the costs charged to the department by the Office of 32.21Administrative Hearings for the hearing. 32.22    (e) If a hearing has been held, the commissioner shall not issue a final order until 32.23at least five days after the date of the administrative law judge's report. Any person 32.24aggrieved by the administrative law judge's report may, within those five days, serve 32.25written comments to the commissioner on the report and the commissioner shall consider new text begin new text end 32.26 new text begin and enter new text end the comments new text begin in the record new text end . The commissioner's final order new text begin shall comply with new text end 32.27 new text begin sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2, new text end may be appealed in the 32.28manner provided in sections 14.63 to 14.69. 32.29    Sec. 43. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 10, 32.30is amended to read: 32.31    Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection 32.32or investigation that a person has violated or is about to violate the applicable law, the 32.33commissioner may issue to the person a stop order requiring the person to cease and desist 32.34from committing the violation. 33.1    (b) If the commissioner determines that a condition exists on real property that 33.2violates the applicable law, the commissioner may issue a stop order to the owner or 33.3lessee of the real property to cease and desist from committing the violation and to correct 33.4the condition that is in violation. 33.5    (c) The commissioner shall issue the stop work order by: 33.6    (1) serving the order on the person who has committed or is about to commit the 33.7violation; 33.8    (2) posting the order at the location where the violation was committed or is about to 33.9be committed or at the location where the violating condition exists; or 33.10    (3) serving the order on any owner or lessee of the real property where the violating 33.11condition exists. 33.12    (d) A stop order shall: 33.13    (1) describe the act, conduct, or practice committed or about to be committed, or the 33.14condition, and include a reference to the applicable law that the act, conduct, practice, or 33.15condition violates or would violate; and 33.16    (2) provide notice that any person aggrieved by the stop order may request a hearing 33.17as provided in paragraph (e). 33.18    (e) Within 30 days after the commissioner issues a stop order, any person aggrieved 33.19by the order may request an expedited hearing to review the commissioner's action. 33.20The request for hearing must be made in writing and must be served on or faxed to the 33.21commissioner at the address or fax number specified in the order. If the person does not 33.22request a hearing or if the person's written request for hearing is not served on or faxed to 33.23the commissioner on or before the 30th day after the commissioner issued the stop order, 33.24the order will become a final order of the commissioner and will not be subject to review 33.25by any court or agency. The date on which a request for hearing is served by mail is the 33.26postmark date on the envelope in which the request for hearing is mailed. The hearing 33.27request must specifically state the reasons for seeking review of the order. The person who 33.28requested the hearing and the commissioner are the parties to the expedited hearing. The 33.29hearing shall be commenced within ten days after the commissioner receives the request 33.30for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to 33.311400.8612, as modified by this subdivision. The administrative law judge shall issue a 33.32report containing findings of fact, conclusions of law, and a recommended order within 33.33ten days after the conclusion new text begin completion new text end of the hearing new text begin , the receipt of late-filed exhibits, new text end 33.34 new text begin or the submission of written arguments, whichever is later new text end . Any party aggrieved by the 33.35administrative law judge's report shall have five days after the date of the administrative 33.36law judge's report to submit new text begin written new text end exceptions and argument to the commissioner new text begin that new text end 34.1 new text begin the commissioner shall consider and enter in the record new text end . Within 15 days after receiving 34.2the administrative law judge's report, the commissioner shall issue an order vacating, 34.3modifying, or making permanent the stop order. The commissioner and the person 34.4requesting the hearing may by agreement lengthen any time periods described in this 34.5paragraph. The Office of Administrative Hearings may, in consultation with the agency, 34.6adopt rules specifically applicable to cases under this subdivision. 34.7    (f) A stop order issued under this subdivision shall be in effect until it is modified or 34.8vacated by the commissioner or an appellate court. The administrative hearing provided 34.9by this subdivision and any appellate judicial review as provided in chapter 14 shall 34.10constitute the exclusive remedy for any person aggrieved by a stop order. 34.11    (g) Upon the application of the commissioner, a district court shall find the failure of 34.12any person to comply with a final stop order lawfully issued by the commissioner under 34.13this subdivision as a contempt of court. 34.14    Sec. 44. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 11, 34.15is amended to read: 34.16    Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may 34.17deny an application for a permit, license, registration, or certificate if the applicant does 34.18not meet or fails to maintain the minimum qualifications for holding the permit, license, 34.19registration, or certificate, or has any unresolved violations or unpaid fees or monetary 34.20penalties related to the activity for which the permit, license, registration, or certificate has 34.21been applied for or was issued. 34.22    (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a 34.23person's permit, license, registration, or certificate, or censure the person holding the 34.24permit, license, registration, or certificate, if the commissioner finds that the person: 34.25    (1) committed one or more violations of the applicable law; 34.26    (2) submitted false or misleading information to the state in connection with 34.27activities for which the permit, license, registration, or certificate was issued, or in 34.28connection with the application for the permit, license, registration, or certificate; 34.29    (3) allowed the alteration or use of the person's own permit, license, registration, 34.30or certificate by another person; 34.31    (4) within the previous five years, was convicted of a crime in connection with 34.32activities for which the permit, license, registration, or certificate was issued; 34.33    (5) violated a final administrative order issued under subdivision 7 or a final stop 34.34order issued under subdivision 10, or injunctive relief issued under subdivision 9; 35.1    (6) failed to cooperate with a commissioner's request to give testimony, to produce 35.2documents, things, apparatus, devices, equipment, or materials, or to access property 35.3under subdivision 2; 35.4    (7) retaliated in any manner against any employee or person who is questioned by, 35.5cooperates with, or provides information to the commissioner or an employee or agent 35.6authorized by the commissioner who seeks access to property or things under subdivision 35.72; 35.8    (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or 35.9    (9) performed work in connection with the permit, license, registration, or 35.10certificate or conducted the person's affairs in a manner that demonstrates incompetence, 35.11untrustworthiness, or financial irresponsibility. 35.12    (c) If the commissioner revokes new text begin or denies new text end a person's permit, license, registration, 35.13or certificate under paragraph (b), the person is prohibited from reapplying for the same 35.14type of permit, license, registration, or certificate for at least two years after the effective 35.15date of the revocation new text begin or denial new text end . The commissioner may, as a condition of reapplication, 35.16require the person to obtain a bond or comply with additional reasonable conditions the 35.17commissioner considers necessary to protect the public. 35.18    (d) If a permit, license, registration, or certificate expires, or is surrendered, 35.19withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may 35.20institute a proceeding under this subdivision within two years after the permit, license, 35.21registration, or certificate was last effective and enter a revocation or suspension order as 35.22of the last date on which the permit, license, registration, or certificate was in effect. 35.23    Sec. 45. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 12, 35.24is amended to read: 35.25    Subd. 12. Issuance of licensing orders; hearings related to licensing orders. 35.26    (a) If the commissioner determines that a permit, license, registration, or certificate 35.27should be conditioned, limited, suspended, revoked, or denied under subdivision 11, 35.28or that the permit holder, licensee, registrant, or certificate holder should be censured 35.29under subdivision 11, then the commissioner shall issue to the person an order denying, 35.30conditioning, limiting, suspending, or revoking the person's permit, license, registration, 35.31or certificate, or censuring the permit holder, licensee, registrant, or certificate holder. 35.32    (b) Any order issued under paragraph (a) may include an assessment of monetary 35.33penalties and may require the person to cease and desist from committing the violation 35.34or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The 35.35monetary penalty may be up to $10,000 for each violation or act, conduct, or practice 36.1committed by the person. The procedures in section 326B.083 must be followed when 36.2issuing orders under paragraph (a). 36.3    (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom 36.4the commissioner issues an order under paragraph (a) shall have 30 days after service of 36.5the order to request a hearing. The request for hearing must be in writing and must be 36.6served on or faxed to the commissioner at the address or fax number specified in the order 36.7by the 30th day after service of the order. If the person does not request a hearing or if 36.8the person's written request for hearing is not served on or faxed to the commissioner 36.9by the 30th day after service of the order, the order shall become a final order of the 36.10commissioner and will not be subject to review by any court or agency. The date on which 36.11a request for hearing is served by mail shall be the postmark date on the envelope in which 36.12the request for hearing is mailed. If the person submits to the commissioner a timely 36.13request for hearing, new text begin the order is stayed unless the commissioner summarily suspends the new text end 36.14 new text begin license, registration, certificate, or permit under subdivision 13, and new text end a contested case 36.15hearing shall be held in accordance with chapter 14. 36.16    (d) Paragraph (c) does not apply to summary suspension under subdivision 13. 36.17    Sec. 46. Minnesota Statutes 2007 Supplement, section 326B.082, subdivision 13, 36.18is amended to read: 36.19    Subd. 13. Summary suspension. In any case where the commissioner has 36.20issued an order to revoke new text begin , new text end or suspend new text begin , or deny new text end a license, registration, certificate, or 36.21permit under subdivision new text begin subdivisions 11, paragraph (b), and new text end 12, the commissioner may 36.22summarily suspend the person's permit, license, registration, or certificate before the 36.23order becomes final. The commissioner shall issue a summary suspension order when 36.24the safety of life or property is threatened or to prevent the commission of fraudulent, 36.25deceptive, untrustworthy, or dishonest acts against the public. The summary suspension 36.26shall not affect the deadline for submitting a request for hearing under subdivision 12. 36.27If the commissioner summarily suspends a person's permit, license, registration, or 36.28certificate, a timely request for hearing submitted under subdivision 12 shall also be 36.29considered a timely request for hearing on continuation of the summary suspension. If the 36.30commissioner summarily suspends a person's permit, license, registration, or certificate 36.31under this subdivision and the person submits a timely request for a hearing, then a 36.32hearing on continuation of the summary suspension must be held within ten days after the 36.33commissioner receives the request for hearing unless the parties agree to a later date. 37.1    Sec. 47. Minnesota Statutes 2007 Supplement, section 326B.083, subdivision 3, 37.2is amended to read: 37.3    Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then 37.4the penalty is due and payable on the date the administrative order becomes final unless 37.5some or all of the penalty is forgivable. If a licensing order includes a penalty assessment, 37.6then the penalty is due and payable on the date the licensing order becomes final. 37.7    (b) This paragraph applies if an administrative order includes a penalty assessment 37.8and all or a portion of the penalty is forgivable. 37.9    (1) If any portion of the penalty is not forgivable, that portion of the penalty is due 37.10and payable ten days after the date the administrative order becomes final. 37.11    (2) The commissioner shall forgive the forgivable portion of the penalty if the 37.12commissioner determines that the violation has been corrected within the time set by 37.13the order or the person to whom the order was issued has developed a correction plan 37.14acceptable to the commissioner within the time set by the order. 37.15    (3) If the commissioner determines that the person to whom the order was issued has 37.16failed to correct the violation within the time set by the order or has failed to develop a 37.17correction plan acceptable to the commissioner within the time set by the order, then the 37.18forgivable portion of the penalty is due and payable ten new text begin 20 new text end days after the commissioner 37.19serves notice of the determination on the person or on the date the administrative order 37.20becomes final, whichever is later. 37.21    (c) This paragraph applies if an administrative order or a licensing order includes a 37.22penalty assessment and if the person subject to the order has requested a hearing. The 37.23administrative law judge may not recommend a change in the amount of the penalty if 37.24the penalty was assessed in accordance with a plan prepared under section 326B.082, 37.25subdivision 14. If the commissioner has not prepared a plan under section 326B.082, 37.26subdivision 14, then the administrative law judge may not recommend a change in the 37.27amount of the penalty unless the administrative law judge determines that, based on the 37.28factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable. 37.29    (d) The assessment of a penalty does not preclude the use of other enforcement 37.30provisions, under which penalties are not assessed, in connection with the violation for 37.31which the penalty was assessed. 37.32    Sec. 48. Minnesota Statutes 2007 Supplement, section 326B.42, is amended by adding 37.33a subdivision to read: 37.34     new text begin Subd. 7. new text end new text begin Plumber's apprentice. new text end new text begin A "plumber's apprentice" is any individual, other new text end 37.35 new text begin than a master, restricted master, journeyman, or restricted journeyman plumber who, as new text end 38.1 new text begin a principal occupation, is engaged in working as an employee of a plumbing contractor new text end 38.2 new text begin under the direct supervision of a master, restricted master, journeyman, or restricted new text end 38.3 new text begin journeyman plumber and is learning and assisting in the installation of plumbing. new text end 38.4    Sec. 49. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 5, is 38.5amended to read: 38.6    Subd. 5. Payment limitations. Except as otherwise provided in this section, 38.7the commissioner shall not pay compensation from the fund to an owner or a lessee 38.8in an amount greater than $75,000. Except as otherwise provided in this section, the 38.9commissioner shall not pay compensation from the fund to owners and lessees in an 38.10amount that totals more than $150,000 per licensee. The commissioner shall not pay 38.11compensation from the fund for a final judgment based on a cause of action that arose 38.12before the commissioner's receipt of the licensee's fee required by subdivision 3. new text begin The new text end 38.13 new text begin commissioner shall only pay compensation from the fund for a final judgment that is new text end 38.14 new text begin based on a contract directly between the licensee and the homeowner or lessee that was new text end 38.15 new text begin entered into prior to the cause of action and that requires licensure as a residential building new text end 38.16 new text begin contractor or residential remodeler. new text end 38.17    Sec. 50. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 6, is 38.18amended to read: 38.19    Subd. 6. Verified application. To be eligible for compensation from the fund, an 38.20owner or lessee shall serve on the commissioner a verified application for compensation 38.21on a form approved by the commissioner. The application shall verify the following 38.22information: 38.23    (1) the specific grounds upon which the owner or lessee seeks to recover from 38.24the fund: 38.25    (2) that the owner or the lessee has obtained a final judgment in a court of competent 38.26jurisdiction against a licensee licensed under section 326B.803; 38.27    (3) that the final judgment was obtained against the licensee on the grounds 38.28of fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of 38.29performance that arose directly out of a transaction new text begin contract directly between the licensee new text end 38.30 new text begin and the homeowner or lessee that was entered into prior to the cause of action and new text end 38.31that occurred when the licensee was licensed and performing any of the special skills 38.32enumerated under section 326B.802, subdivision 19; 38.33    (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on 38.34the owner's residential real estate, on residential real estate leased by the lessee, or on new 39.1residential real estate that has never been occupied or that was occupied by the licensee 39.2for less than one year prior to purchase by the owner; 39.3    (5) that the residential real estate is located in Minnesota; 39.4    (6) that the owner or the lessee is not the spouse of the licensee or the personal 39.5representative of the licensee; 39.6    (7) the amount of the final judgment, any amount paid in satisfaction of the final 39.7judgment, and the amount owing on the final judgment as of the date of the verified 39.8application; and 39.9     new text begin (8) that the owner or lessee has diligently pursued remedies against all the judgment new text end 39.10 new text begin debtors and all other persons liable to the judgment debtor in the contract for which the new text end 39.11 new text begin owner or lessee seeks recovery from the fund; and new text end 39.12    (8) new text begin (9) new text end that the verified application is being served within two years after the 39.13judgment became final. 39.14    The owner's and the lessee's actual and direct out-of-pocket loss shall not include 39.15attorney fees, new text begin litigation costs or fees, new text end interest on the loss, and interest on the final judgment 39.16obtained as a result of the loss. new text begin Any amount paid in satisfaction of the final judgment shall new text end 39.17 new text begin be applied to the owner's or lessee's actual and direct out-of-pocket loss. new text end An owner or 39.18lessee may serve a verified application regardless of whether the final judgment has been 39.19discharged by a bankruptcy court. A judgment issued by a court is final if all proceedings 39.20on the judgment have either been pursued and concluded or been forgone, including all 39.21reviews and appeals. For purposes of this section, owners who are joint tenants or tenants 39.22in common are deemed to be a single owner. For purposes of this section, owners and 39.23lessees eligible for payment of compensation from the fund shall not include government 39.24agencies, political subdivisions, financial institutions, and any other entity that purchases, 39.25guarantees, or insures a loan secured by real estate. 39.26    Sec. 51. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 12, 39.27is amended to read: 39.28    Subd. 12. Limitation. new text begin Notwithstanding subdivision 5, new text end nothing may obligate the 39.29fund to compensate new text begin for claims brought by new text end : 39.30    (1) insurers or sureties under subrogation or similar theories; or 39.31    (2) an owner new text begin owners new text end of residential property for final judgments against a prior owner 39.32of the residential property new text begin where the contracting activity complained of was the result of new text end 39.33 new text begin a contract entered into with a prior owner, new text end unless the claim is brought and judgment is 39.34rendered for breach of the statutory warranty set forth in chapter 327A. 40.1    Sec. 52. Minnesota Statutes 2007 Supplement, section 326B.89, subdivision 14, 40.2is amended to read: 40.3    Subd. 14. Accelerated compensation. (a) Payments made from the fund to 40.4compensate owners and lessees that do not exceed the jurisdiction limits for conciliation 40.5court matters as specified in section 491A.01 may be paid on an accelerated basis if all of 40.6the following requirements in paragraphs (b) and (c) have been satisfied. 40.7    (b) The owner or the lessee has served upon the commissioner a verified application 40.8for compensation that complies with the requirements set out in subdivision 6 and the 40.9commissioner determines based on review of the application that compensation should be 40.10paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket 40.11loss in the transaction, minus attorney fees, new text begin litigation costs or fees, new text end interest on the loss and 40.12on the judgment obtained as a result of the loss, and any satisfaction of the judgment, and 40.13make payment to the owner or the lessee up to the conciliation court jurisdiction limits 40.14within 15 new text begin 45 new text end days after the owner or lessee serves the verified application. 40.15    (c) The commissioner may pay compensation to owners or lessees that totals not 40.16more than $50,000 per licensee per fiscal year under this accelerated process. The 40.17commissioner may prorate the amount of compensation paid to owners or lessees under 40.18this subdivision if applications submitted by owners and lessees seek compensation in 40.19excess of $50,000 against a licensee. Any unpaid portion of a verified application that 40.20has been prorated under this subdivision shall be satisfied in the manner set forth in 40.21subdivision 9. 40.22    Sec. 53. Minnesota Statutes 2006, section 327.32, subdivision 1, is amended to read: 40.23    Subdivision 1. Requirement. No person shall sell, or offer for sale, in this state, 40.24any manufactured home manufactured after July 1, 1972, manufacture any manufactured 40.25home in this state or park new text begin install for occupancy new text end any manufactured home manufactured 40.26after July 1, 1972, in any manufactured home park in this state unless the manufactured 40.27home complies with the Manufactured Home Building Code and: 40.28    (a) Bears a seal issued by the commissioner, and is, whenever possible, accompanied 40.29by a certificate by the manufacturer or dealer, both evidencing that it complies with the 40.30Manufactured Home Building Code; or 40.31    (b) If manufactured after June 14, 1976, bears a label as required by the secretary. 40.32    Sec. 54. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision 40.33to read: 41.1     new text begin Subd. 2a. new text end new text begin Construction seal fees. new text end new text begin Replacement manufactured home or accessory new text end 41.2 new text begin structure construction seal fees, including certificates, are $30 per seal. new text end 41.3    Sec. 55. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision 41.4to read: 41.5     new text begin Subd. 2b. new text end new text begin Installation seal fees. new text end new text begin Manufactured home installation seal fees, new text end 41.6 new text begin including anchoring and support and including certificates, are $80. new text end 41.7    Sec. 56. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision 41.8to read: 41.9     new text begin Subd. 2c. new text end new text begin Temporary installation certificate fees. new text end new text begin A temporary certificate fee new text end 41.10 new text begin is $2 per certificate. new text end 41.11    Sec. 57. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision 41.12to read: 41.13     new text begin Subd. 2d. new text end new text begin Label fee. new text end new text begin The United States Department of Housing and Urban new text end 41.14 new text begin Development label fee shall be paid by the manufacturer to the secretary. new text end 41.15    Sec. 58. Minnesota Statutes 2006, section 327.33, is amended by adding a subdivision 41.16to read: 41.17     new text begin Subd. 2e. new text end new text begin Seal order shipping and handling fee. new text end new text begin The shipping and handling fee new text end 41.18 new text begin for each order of seals is the current postage rate plus a $3 handling fee. new text end 41.19    Sec. 59. Minnesota Statutes 2006, section 327A.04, subdivision 2, is amended to read: 41.20    Subd. 2. Modification. At any time after a contract for the sale of a dwelling is 41.21entered into by and between a vendor and a vendee or a contract for home improvement 41.22work is entered into by and between a home improvement contractor and an owner, any of 41.23the statutory warranties provided for in section 327A.02 may be excluded or modified only 41.24by a written instrument, printed in boldface type of a minimum size of ten points, which is 41.25signed by the vendee or the owner and which sets forth in detail the warranty involved, the 41.26consent of the vendee or the owner, and the terms of the new agreement contained in the 41.27writing. No exclusion or modification shall be effective unless the vendor or the home 41.28improvement contractor provides substitute express warranties offering substantially the 41.29same protections to the vendee or the owner as the statutory warranties set forth in section 41.30327A.02 . Any modification or exclusion agreed to by vendee and vendor or the owner and 42.1home improvement contractor pursuant to this subdivision shall not require the approval 42.2of the commissioner of administration new text begin labor and industry new text end pursuant to section 327A.07. 42.3    Sec. 60. Minnesota Statutes 2006, section 327A.07, is amended to read: 42.4327A.07 VARIATIONS. 42.5    The commissioner of administration new text begin labor and industry new text end may approve pursuant to 42.6sections 14.05 to 14.28, variations from the provisions of sections 327A.02 and 327A.03 42.7if the warranty program of the vendor or the home improvement contractor requesting 42.8the variation offers at least substantially the same protections to the vendee or owner as 42.9provided by the statutory warranties set forth in section 327A.02. 42.10    Sec. 61. Minnesota Statutes 2007 Supplement, section 327B.04, subdivision 4, is 42.11amended to read: 42.12    Subd. 4. License prerequisites. No application shall be granted nor license issued 42.13until the applicant proves to the commissioner that: 42.14    (a) the applicant has a permanent, established place of business at each licensed 42.15location. An "established place of business" means a permanent enclosed building other 42.16than a residence, or a commercial office space, either owned by the applicant or leased by 42.17the applicant for a term of at least one year, located in an area where zoning regulations 42.18allow commercial activity, and where the books, records and files necessary to conduct 42.19the business are kept and maintained. The owner of a licensed manufactured home park 42.20who resides in or adjacent to the park may use the residence as the established place of 42.21business required by this subdivision, unless prohibited by local zoning ordinance. 42.22    If a license is granted, the licensee may use unimproved lots and premises for sale, 42.23storage, and display of manufactured homes, if the licensee first notifies the commissioner 42.24in writing; 42.25    (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured 42.26homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor 42.27of the new manufactured home it proposes to deal in; 42.28    (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the new text begin new text end 42.29 new text begin each new text end agency and each subagency location that bears the applicant's name and the name 42.30under which the applicant will be licensed and do business in this state. Each bond is 42.31for the protection of consumer customers, and must be executed by the applicant as 42.32principal and issued by a surety company admitted to do business in this state. Each bond 42.33shall be exclusively for the purpose of reimbursing consumer customers and shall be 42.34conditioned upon the faithful compliance by the applicant with all of the laws and rules 43.1of this state pertaining to the applicant's business as a dealer or manufacturer, including 43.2sections 325D.44, 325F.67 and 325F.69, and upon the applicant's faithful performance of 43.3all its legal obligations to consumer customers; and (2) a certificate of liability insurance 43.4in the amount of $1,000,000 that provides new text begin aggregate new text end coverage for the agency and each 43.5subagency location; 43.6    (d) the applicant has established a trust account as required by section 327B.08, 43.7subdivision 3 , unless the applicant states in writing its intention to limit its business to 43.8selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and 43.9    (e) the applicant has provided evidence of having had at least two years' prior 43.10experience in the sale of manufactured homes, working for a licensed dealer. 43.11    Sec. 62. Minnesota Statutes 2006, section 327B.06, subdivision 1, is amended to read: 43.12    Subdivision 1. Retention. A dealer shall retain for three new text begin five new text end years copies of all 43.13listings, deposit receipts, credit applications, contracts, disclosure forms, canceled checks, 43.14trust account records and other documents reasonably related to carrying on the business 43.15of a dealer. The retention period shall run from the date of the closing of the transaction or 43.16from the date of the listing if the transaction is not consummated. 43.17    Sec. 63. Laws 2007, chapter 140, article 4, section 12, is amended to read: 43.18    Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read: 43.1916B.65 BUILDING OFFICIALS. 43.20    Subdivision 1. Designation. Each municipality shall designate a building official to 43.21administer the code. A municipality may designate no more than one building official 43.22responsible for code administration defined by each certification category established in 43.23rule. Two or more municipalities may combine in the designation of a building official 43.24for the purpose of administering the provisions of the code within their communities. 43.25In those municipalities for which no building officials have been designated, the state 43.26building official may use whichever state employees are necessary to perform the duties of 43.27the building official until the municipality makes a temporary or permanent designation. 43.28All costs incurred by virtue of these services rendered by state employees must be borne 43.29by the involved municipality and receipts arising from these services must be paid to 43.30the commissioner. 43.31    Subd. 2. Qualifications. A building official, to be eligible for designation, must 43.32be certified and have the experience in design, construction, and supervision which 43.33the commissioner deems necessary and must be generally informed on the quality and 43.34strength of building materials, accepted building construction requirements, and the nature 44.1of equipment and needs conducive to the safety, comfort, and convenience of building 44.2occupants. No person may be designated as a building official for a municipality unless 44.3the commissioner determines that the official is qualified as provided in subdivision 3. 44.4    Subd. 3. Certification. The commissioner shall by rule establish certification 44.5criteria as proof of qualification pursuant to subdivision 2. The commissioner may: 44.6    (1) develop and administer written and practical examinations to determine if a 44.7person is qualified pursuant to subdivision 2 to be a building official; 44.8    (2) accept documentation of successful completion of testing programs developed 44.9and administered by nationally recognized testing agencies, as proof of qualification 44.10pursuant to subdivision 2; or 44.11    (3) determine qualifications by satisfactory completion of clause (2) and a mandatory 44.12training program developed or approved by the commissioner. 44.13    Upon a determination of qualification under clause (1), (2), or (3), the commissioner 44.14shall issue a certificate to the building official stating that the official is certified. Each 44.15person applying for examination and certification pursuant to this section shall pay a 44.16nonrefundable fee of $70. The commissioner or a designee may establish categories of 44.17certification that will recognize the varying complexities of code enforcement in the 44.18municipalities within the state. The commissioner shall provide educational programs 44.19designed to train and assist building officials in carrying out their responsibilities. 44.20    Subd. 4. Duties. Building officials shall, in the municipality for which they 44.21are designated, be responsible for all aspects of code administration for which they 44.22are certified, including the issuance of all building permits and the inspection of all 44.23manufactured home installations. The commissioner may direct a municipality with 44.24a building official to perform services for another municipality, and in that event the 44.25municipality being served shall pay the municipality rendering the services the reasonable 44.26costs of the services. The costs may be subject to approval by the commissioner. 44.27    Subd. 5. Oversight committee. (a) The commissioner shall establish a Code 44.28Administration Oversight Committee that will, at the commissioner's request, recommend 44.29to the commissioner appropriate action pursuant to section , in response to 44.30information received or obtained by the commissioner that supports a finding that: (1) 44.31an individual has engaged in, or is about to engage in, the unauthorized performance of 44.32the duties of a certified building official or the unauthorized use of the certified building 44.33official title; or (2) a certified building official has violated a statute, rule, stipulation, 44.34agreement, settlement, compliance agreement, cease and desist agreement, or order that 44.35the commissioner has adopted, issued, or has the authority to enforce and that is related to 44.36the duties of a certified building official. 45.1    (b) The committee shall consist of six members. One member shall be the 45.2commissioner's designee and five members shall be certified building officials who are 45.3appointed by the commissioner. At least two of the appointed certified building officials 45.4must be from nonmetropolitan counties. For the committee members who are not state 45.5officials or employees, their compensation and removal from the oversight committee is 45.6governed by section . The commissioner's designee shall serve as the chair of 45.7the oversight committee and shall not vote. The terms of the appointed members of the 45.8oversight committee shall be four years. The terms of three of the appointed members 45.9shall be coterminous with the governor and the terms of the remaining two appointed 45.10members shall end on the first Monday in January one year after the terms of the other 45.11appointed members expire. An appointed member may be reappointed. The committee is 45.12not subject to the expiration provisions of section 15.059, subdivision 5. 45.13    (c) If the commissioner determines that an individual has engaged in the 45.14unauthorized performance of the duties of a certified building official or the unauthorized 45.15use of the certified building official title, or that a certified building official has violated a 45.16statute, rule, stipulation, agreement, settlement, compliance agreement, cease and desist 45.17agreement, or order that the commissioner has adopted, issued, or is authorized to enforce 45.18that is related to the duties of a certified building official, the commissioner may take 45.19administrative actions against the individual pursuant to section 326B.082, subdivisions 45.207 and 11. 45.21    Subd. 5b. Grounds. In addition to the grounds set forth in section 326B.082, 45.22subdivision 11 , the commissioner may deny, suspend, limit, place conditions on, or 45.23revoke a certificate, or may censure an applicant or individual holding a certificate, if the 45.24applicant or individual: 45.25    (1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those 45.26sections; or 45.27    (2) engages in fraud, deceit, or misrepresentation while performing the duties of a 45.28certified building official. 45.29     Nothing in this subdivision limits or otherwise affects the authority of a municipality 45.30to dismiss or suspend a building official at its discretion, except as otherwise provided 45.31for by law. 45.32    Subd. 5c. Action against unlicensed persons. The commissioner may take any 45.33administrative action provided under section 326B.082, against an individual required 45.34to be certified under subdivision 3, based upon conduct that would provide grounds for 45.35action against a certificate holder under this section. 46.1    Subd. 6. Vacancies. In the event that a designated building official position is 46.2vacant within a municipality, that municipality shall designate a certified building official 46.3to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy 46.4or designation in writing within 15 days. If the municipality fails to designate a certified 46.5building official within 15 days of the occurrence of the vacancy, the state building official 46.6may provide state employees to serve that function as provided in subdivision 1 until the 46.7municipality makes a temporary or permanent designation. Municipalities must not issue 46.8permits without a designated certified building official. 46.9    Subd. 7. Continuing education. Subject to sections 16B.59 to 16B.75, the 46.10commissioner may by rule establish or approve continuing education programs for 46.11certified building officials dealing with matters of building code administration, inspection, 46.12and enforcement. 46.13    Each person certified as a building official for the state must satisfactorily complete 46.14applicable educational programs established or approved by the commissioner to retain 46.15certification. 46.16    Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of 46.17labor and industry may by rule adopt standards dealing with renewal requirements. 46.18    (b) If the commissioner has not issued a notice of denial of application for a 46.19certificate holder and if the certificate holder has properly and timely filed a fully completed 46.20renewal application, then the certificate holder may continue to engage in building official 46.21activities whether or not the renewed certificate has been received. Applications must be 46.22made on a form approved by the commissioner. Each application for renewal must be 46.23fully completed, and be accompanied by proof of the satisfactory completion of minimum 46.24continuing education requirements and the certification renewal fee established by the 46.25commissioner. Applications are timely if received prior to the expiration of the most 46.26recently issued certificate. An application for renewal that does not contain all of the 46.27information requested is an incomplete application and will not be accepted. 46.28    Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the 46.29date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b). 46.30    Subd. 10. Failure to renew. An individual who has failed to make a timely 46.31application for renewal of a certificate is not certified and must not serve as the designated 46.32building official for any municipality until a renewed certificate has been issued by the 46.33commissioner. 46.34EFFECTIVE DATE.This section is effective July 1, 2007. 46.35    Sec. 64. new text begin REVISOR'S INSTRUCTION. new text end 47.1     new text begin (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed new text end 47.2 new text begin in column A with the number listed in column B. The revisor shall also make necessary new text end 47.3 new text begin cross-reference changes consistent with the renumbering. new text end 47.4 new text begin Column A new text end new text begin Column B new text end 47.5 new text begin 16B.655 new text end new text begin 326B.135 new text end 47.6 new text begin 326.01, subdivision 4a new text end new text begin 326B.31, subdivision 4a new text end 47.7 new text begin 326.01, subdivision 4b new text end new text begin 326B.31, subdivision 4b new text end 47.8 new text begin 326.01, subdivision 4c new text end new text begin 326B.31, subdivision 4c new text end 47.9 new text begin 326.01, subdivision 4d new text end new text begin 326B.31, subdivision 4d new text end 47.10 new text begin 326.01, subdivision 4e new text end new text begin 326B.31, subdivision 4e new text end 47.11 new text begin 326.01, subdivision 7 new text end new text begin 326B.42, subdivision 5 new text end 47.12 new text begin 326.01, subdivision 8 new text end new text begin 326B.42, subdivision 6 new text end 47.13 new text begin 326.3705 new text end new text begin 326B.435 new text end 47.14 new text begin 326.371 new text end new text begin 326B.439 new text end 47.15 new text begin 326.401 new text end new text begin 326B.474 new text end 47.16 new text begin 326.402 new text end new text begin 326B.475 new text end 47.17 new text begin 326.505 new text end new text begin 326B.925 new text end 47.18     new text begin (b) Notwithstanding the repeal of Minnesota Statutes 2006, section 16B.76, in Laws new text end 47.19 new text begin 2007, chapter 133, article 2, section 13, the revisor shall give effect to the revisor's new text end 47.20 new text begin instruction in Laws 2007, chapter 140, article 4, section 61, to renumber Minnesota new text end 47.21 new text begin Statutes, section 16B.76, as section 326B.07, by including the language of Minnesota new text end 47.22 new text begin Statutes, section 16B.76, as amended by Laws 2007, chapter 140, article 4, section 27, new text end 47.23 new text begin in Minnesota Statutes, section 326B.07. new text end 47.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.25    Sec. 65. new text begin REPEALER. new text end 47.26 new text begin Minnesota Statutes 2006, section 16B.69, new text end new text begin new text end new text begin Minnesota Statutes 2007 Supplement, new text end 47.27 new text begin sections 326.2411; 326.372; and 326.471, new text end new text begin new text end new text begin Laws 2007, chapter 9, section 1; Laws 2007, new text end 47.28 new text begin chapter 135, article 4, sections 2; 8; Laws 2007, chapter 135, article 6, section 3; Laws new text end 47.29 new text begin 2007, chapter 140, article 12, section 9; new text end new text begin and Minnesota Rules, part 3800.3510, new text end new text begin are repealed. new text end 47.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end