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Minnesota Legislature

Office of the Revisor of Statutes

HF 632

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/03/2011 04:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2011
1st Engrossment Posted on 04/06/2011
2nd Engrossment Posted on 05/03/2011

Current Version - 2nd Engrossment

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A bill for an act
relating to labor and industry; licensing maintenance plumbers in certain cases;
modifying fees; amending Minnesota Statutes 2010, sections 326B.42, by adding
a subdivision; 326B.435, subdivision 2; 326B.46, subdivisions 1, 1a; 326B.47,
subdivision 1, by adding a subdivision; 326B.49, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 326B.42, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Maintenance plumber. new text end

new text begin "Maintenance plumber" means an individual
having the necessary qualifications, training, experience, and technical knowledge to
properly maintain and repair plumbing, who is licensed as a maintenance plumber by
the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 326B.435, subdivision 2, is amended to read:


Subd. 2.

Powers; duties; administrative support.

(a) The board shall have the
power to:

(1) elect its chair, vice-chair, and secretary;

(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
and containing such other provisions as may be useful and necessary for the efficient
conduct of the business of the board;

(3) adopt the plumbing code that must be followed in this state and any plumbing
code amendments thereto. The plumbing code shall include the minimum standards
described in sections 326B.43, subdivision 1, and 326B.52, subdivision 1. The board
shall adopt the plumbing code and any amendments thereto pursuant to chapter 14 and
as provided in subdivision 6, paragraphs (b), (c), and (d);

(4) review requests for final interpretations and issue final interpretations as provided
in section 326B.127, subdivision 5;

(5) adopt rules that regulate the licensure or registration of plumbing contractors,
journeymen, unlicensed individuals, master plumbers, restricted master plumbers,
restricted journeymen, new text beginmaintenance plumbers, new text endwater conditioning contractors, and
water conditioning installers, and other persons engaged in the design, installation, and
alteration of plumbing systemsnew text begin, engaged in the maintenance or repair of plumbing
equipment, apparatus, or facilities,
new text end or engaged in or working at the business of water
conditioning installation or service, except for those individuals licensed under section
326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter 14
and as provided in subdivision 6, paragraphs (e) and (f);

(6) adopt rules that regulate continuing education for individuals licensed as master
plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman
plumbers, new text beginmaintenance plumbers, new text endwater conditioning contractors, and water conditioning
installers. The board shall adopt these rules pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (e) and (f);

(7) refer complaints or other communications to the commissioner, whether oral or
written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
order that the commissioner has the authority to enforce pertaining to code compliance,
licensure, or an offering to perform or performance of unlicensed plumbing services;

(8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;

(9) approve license reciprocity agreements;

(10) select from its members individuals to serve on any other state advisory council,
board, or committee; and

(11) recommend the fees for licenses and certifications.

Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
Board of High Pressure Piping Systems, the commissioner of labor and industry shall
administer and enforce the provisions of this chapter and any rules promulgated pursuant
thereto.

(b) The board shall comply with section 15.0597, subdivisions 2 and 4.

(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant
to this chapter. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner of labor and industry shall
supply necessary office space and supplies to assist the board in its duties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 3.

Minnesota Statutes 2010, section 326B.46, subdivision 1, is amended to read:


Subdivision 1.

License required.

(a) No individual shall engage in or work at
the business of a master plumber, restricted master plumber, journeyman plumber, deleted text beginanddeleted text end
restricted journeyman plumbernew text begin, or maintenance plumbernew text end unless licensed to do so by the
commissioner. A license is not required for individuals performing building sewer or
water service installation who have completed pipe laying training as prescribed by the
commissioner. A master plumber may also work as a journeyman plumber, a restricted
journeyman plumber, and a restricted master plumber. A journeyman plumber may also
work as a restricted journeyman plumber. Anyone not so licensed may do plumbing work
which complies with the provisions of the minimum standards prescribed by the Plumbing
Board on premises or that part of premises owned and actually occupied by the worker as
a residence, unless otherwise forbidden to do so by a local ordinance.

(b) No person shall engage in the business of planning, superintending, or installing
plumbing or shall install plumbing in connection with the dealing in and selling of
plumbing material and supplies unless at all times a licensed master plumber, or in cities
and towns with a population of fewer than 5,000 according to the last federal census, a
restricted master plumber, who shall be responsible for proper installation, is in charge of
the plumbing work of the person.

(c) Except as provided in subdivision deleted text begin2deleted text endnew text begin 1anew text end, no person shall perform or offer to
perform plumbing work with or without compensation unless the person obtains a
contractor's license. A contractor's license does not of itself qualify its holder to perform
the plumbing work authorized by holding a master, journeyman, restricted master, or
restricted journeyman license.

new text begin (d) No individual shall engage in or work as a maintenance plumber unless:
new text end

new text begin (1) the individual is licensed as a maintenance plumber;
new text end

new text begin (2) the individual is engaged in the maintenance and repair of plumbing equipment,
apparatus, or facilities that are within the limits of property classified for the purposes of
taxation under section 273.13 as class 1c or commercial 4c(1); and
new text end

new text begin (3) the property is owned or leased by the individual or by the individual's employer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2010, section 326B.46, subdivision 1a, is amended to read:


Subd. 1a.

Exemptions from licensing.

(a) An individual without a contractor
license may do plumbing work on the individual's residence in accordance with
subdivision 1, paragraph (a).

(b) An individual who is an employee working on the maintenance and repair of
plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
and which is within the limits of property owned or leased, and operated or maintained by
the individual's employer, shall not be required to maintain a contractor license as long as
the employer has on file with the commissioner a current certificate of responsible person.
The certificate must be signed by the responsible master plumbernew text begin, licensed maintenance
plumber,
new text end or, in an area of the state that is not a city or town with a population of more
than 5,000 according to the last federal census, restricted master plumber, and must state
that the person signing the certificate is responsible for ensuring that the maintenance and
repair work performed by the employer's employees comply with sections 326B.41 to
326B.49, all rules adopted under those sections and sections 326B.50 to 326B.59, and
all orders issued under section 326B.082. The employer must pay a filing fee to file a
certificate of responsible person with the commissioner. The certificate shall expire two
years from the date of filing. In order to maintain a current certificate of responsible
person, the employer must resubmit a certificate of responsible person, with a filing fee, no
later than two years from the date of the previous submittal. The filing of the certificate of
responsible person does not exempt any employee of the employer from the requirements
of this chapter regarding individual licensing as a plumber or registration as deleted text begina plumber's
apprentice
deleted text endnew text begin an unlicensed individualnew text end.

(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
separate contractor license to perform plumbing work on behalf of the employer within
the scope of the licensed plumber's license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 5.

Minnesota Statutes 2010, section 326B.47, subdivision 1, is amended to read:


Subdivision 1.

Registration; supervision; records.

(a) All unlicensed individuals,
other than plumber's apprentices, must be registered under subdivision 3.

(b) A plumber's apprentice or registered unlicensed individual is authorized to
assist in the installation of plumbing only while under the direct supervision of a master,
restricted master, journeyman, deleted text beginordeleted text end restricted journeymannew text begin, or maintenancenew text end plumber. The
master, restricted master, journeyman, deleted text beginordeleted text end restricted journeymannew text begin, or maintenancenew text end plumber
is responsible for ensuring that all plumbing work performed by the plumber's apprentice
or registered unlicensed individual complies with the plumbing code. The supervising
master, restricted master, journeyman, deleted text beginordeleted text end restricted journeymannew text begin, or maintenance plumbernew text end
must be licensed and must be employed by the same employer as the plumber's apprentice.
Licensed individuals shall not permit plumber's apprentices new text beginor registered unlicensed
individuals
new text endto perform plumbing work except under the direct supervision of an individual
actually licensed to perform such work. Plumber's apprentices new text beginand registered unlicensed
individuals
new text endshall not supervise the performance of plumbing work or make assignments of
plumbing work to new text beginplumber's apprentices or registered new text endunlicensed individuals.

(c) Contractors employing plumber's apprentices new text beginor registered unlicensed individuals
new text endto perform plumbing work shall maintain records establishing compliance with this
subdivision that shall identify all plumber's apprentices new text beginand registered unlicensed
individuals
new text endperforming plumbing work, and shall permit the department to examine and
copy all such records.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 6.

Minnesota Statutes 2010, section 326B.47, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Maintenance plumber exam. new text end

new text begin Any individual who has completed four
years of practical plumbing experience or four years of experience in maintenance and
repair of plumbing equipment, apparatus, or facilities is eligible to take the maintenance
plumber's examination. The Plumbing Board may adopt rules to evaluate whether the
individual's plumbing experience is applicable in preparing for the maintenance plumber's
examination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 7.

Minnesota Statutes 2010, section 326B.49, subdivision 1, is amended to read:


Subdivision 1.

Application, examination, and license fees.

(a) Applications
for master deleted text beginanddeleted text endnew text begin,new text end journeymannew text begin, and maintenancenew text end plumber's licenses shall be made to the
commissioner, with all fees required by section 326B.092. Unless the applicant is entitled
to a renewal, the applicant shall be licensed by the commissioner only after passing
a satisfactory examination developed and administered by the commissioner, based
upon rules adopted by the Plumbing Board, showing fitness.new text begin Until the Plumbing Board
adopts rules regarding the fitness of applicants for a maintenance plumber's license, the
commissioner shall develop and administer an examination designed to show that the
applicant has the qualifications, training, experience, and technical knowledge needed
to properly maintain and repair plumbing, as determined at the sole discretion of the
commissioner.
new text end

(b) All initial journeymannew text begin and maintenancenew text end plumber's licenses shall be effective for
more than one calendar year and shall expire on December 31 of the year after the year in
which the application is made. All master plumber's licenses shall expire on December 31
of each even-numbered year after issuance or renewal. new text beginAll renewed maintenance plumber's
licenses shall be two-year licenses.
new text endThe commissioner shall in a manner determined by the
commissioner, without the need for any rulemaking under chapter 14, phase in the renewal
of master and journeyman plumber's licenses from one year to two years. By June 30,
2011, all renewed master and journeyman plumber's licenses shall be two-year licenses.

(c) Applications for contractor licenses shall be made to the commissioner, with all
fees required by section 326B.092. All contractor licenses shall expire on December 31 of
each odd-numbered year after issuance or renewal.

(d) For purposes of calculating license fees and renewal license fees required under
section 326B.092:

(1) the following licenses shall be considered business licenses: plumbing contractor
and restricted plumbing contractor;

(2) the following licenses shall be considered master licenses: master plumber and
restricted master plumber;

(3) the following licenses shall be considered journeyman licenses: journeyman
plumber deleted text beginanddeleted text endnew text begin,new text end restricted journeyman plumbernew text begin, maintenance plumbernew text end; and

(4) the registration of a plumber's apprentice under section 326B.47, subdivision 3,
shall be considered an entry level license.

(e) For each filing of a certificate of responsible person by an employer, the fee is
$100new text begin, except that the fee under this section for a maintenance plumber is $40new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end