as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:22pm
A bill for an act
relating to labor and industry; establishing licensing for journeyworker insulators;
proposing coding for new law in Minnesota Statutes, chapter 326B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of sections 326B.60 to 326B.64, the terms defined
in this section have the meanings given them.
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"Building" means a commercial, industrial, or residential building,
structure, or facility, but does not include a residential building, structure, or facility that
contains three or fewer residential units.
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"Commissioner" means the commissioner of labor and industry.
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"Mechanic" means a person who installs or maintains thermal system
insulation in heating, ventilating, cooling, plumbing, and refrigerated systems.
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"Minor repair" means the installation, renovation, removal, or
maintenance of less than ten continuous linear feet of thermal system insulation.
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"Thermal system insulation" means a product that
is used in a heating, ventilating, cooling, plumbing, or refrigeration system to insulate any
hot or cold surface, including a pipe, duct, valve, boiler, flue, or tank, or equipment at a
facility. Thermal system insulation means only mechanical systems and does not include:
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(1) refractory materials;
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(2) preinsulated duct products or preinsulated pipe products from the manufacturer;
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(3) wall or ceiling insulation; or
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(4) batt or blown-in insulation.
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(a) No person shall install, renovate, replace, or
maintain thermal system insulation as a journeyworker insulator unless licensed by the
commissioner.
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(b) Individuals must meet the following requirements in order to acquire a journeyworker
insulator license from the commissioner:
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(1) completion of 8,000 hours, spread over at least four years, of experience installing,
renovating, removing, or maintaining thermal system insulation, verified by the individual's
employer or employers; and
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(2) successful passage of the thermal system insulation examination. The commissioner
shall issue rules governing the content and administration of the examination. The
commissioner shall administer the thermal system examination.
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Individuals wishing to obtain a journeyworker insulator's license shall pay
the fees outlined in Minnesota Statutes, section 326B.092.
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Subdivision 1 does not apply to individuals who make only minor
repairs to thermal system insulation.
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Licensed journeyworker insulators must
earn a minimum of eight hours of continuing education credits per year from curriculum
approved by the commissioner.
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All licensed individuals must renew their licenses annually. The fees
for renewal of licenses are as outlined under Minnesota Statutes, section 326B.092. An
individual or contractor who fails to renew a license by the expiration date is unlicensed
until the license is renewed.
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Individuals lacking
a thermal system insulation journeyworker license who install, renovate, replace, or maintain
thermal system insulation in heating, ventilation, cooling, plumbing, and refrigeration
systems must:
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(1) register with the commissioner and pay the fees outlined in Minnesota Statutes,
section 326B.092, for the purposes of which, registration of an unlicensed individual shall
be considered an entry-level license; or
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(2) be employed as a registered apprentice in the thermal insulation trade under an
apprenticeship agreement approved by the commissioner under Minnesota Rules, chapter
5200.
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(a) Each unlicensed individual installing, renovating,
removing, or maintaining thermal system insulation in heating, ventilation, cooling, plumbing,
and refrigeration systems, shall work under the direct supervision of licensed journeyworker
insulators.
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(b) On any project, the ratio of licensed journeyworker insulators to unlicensed individuals
installing, renovating, removing, or maintaining thermal system insulation in heating,
ventilation, cooling, plumbing, and refrigeration systems, must be one licensed journeyworker
to one unlicensed individual for the first unlicensed individual, and three licensed
journeyworkers to each unlicensed individual after the first.
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Applications for initial registration may be submitted
at any time. Registration must be renewed annually and shall be effective for the period
from July 1 of each year to June 30 of the following year. Applications for renewal
registration must be received by the commissioner by June 30 of each registration period
on forms provided by the commissioner, and must be accompanied by the fees required
under Minnesota Statutes, section 326B.092, for the purposes of which, registration of an
unlicensed individual shall be considered an entry level license.
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Except where a political subdivision has by ordinance provided for thermal system
insulation inspection similar to that provided in this chapter, every new thermal system
insulation installation, renovation, removal, or maintenance, except minor repair work, may
be inspected for compliance with accepted standards of construction for safety to life and
property.
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The commissioner may suspend or revoke the license
of a license holder for any violation of this chapter or any rules adopted under it.
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The commissioner may impose a civil penalty on any person or
entity violating this chapter or any rules adopted under it.
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The commissioner may impose fines of up to $500 per violation to any
person or entity violating this chapter or any rules adopted under it.
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This act is effective January 1, 2022.
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