HF 871

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations and professions; requiring 
  1.3             that concrete and masonry contractors be licensed as 
  1.4             residential contractors; amending Minnesota Statutes 
  1.5             1994, sections 326.83, subdivisions 7, 19, and by 
  1.6             adding a subdivision; 326.842; and 326.94, subdivision 
  1.7             1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 326.83, 
  1.10  subdivision 7, is amended to read: 
  1.11     Subd. 7.  [LICENSEE.] "Licensee" means a residential 
  1.12  building contractor, residential remodeler, manufactured home 
  1.13  installer, masonry and concrete contractor, or roofer licensed 
  1.14  under sections 326.83 to 326.991. 
  1.15     Sec. 2.  Minnesota Statutes 1994, section 326.83, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 9a.  [MASONRY AND CONCRETE CONTRACTORS.] "Masonry and 
  1.18  concrete contractors" means persons engaged in the business of 
  1.19  doing work on residential real estate in the following areas: 
  1.20     (1) drain systems; 
  1.21     (2) poured walls; 
  1.22     (3) slabs and poured-in-place footings; 
  1.23     (4) masonry walls; 
  1.24     (5) masonry fireplaces; 
  1.25     (6) masonry veneer; and 
  1.26     (7) water resistance and waterproofing. 
  2.1      Sec. 3.  Minnesota Statutes 1994, section 326.83, 
  2.2   subdivision 19, is amended to read: 
  2.3      Subd. 19.  [SPECIAL SKILL.] "Special skill" means one of 
  2.4   the following eight categories: 
  2.5      (a)  [EXCAVATION.] Excavation includes work in any of the 
  2.6   following areas: 
  2.7      (1) excavation; 
  2.8      (2) trenching; 
  2.9      (3) grading; and 
  2.10     (4) site grading.  
  2.11     (b)  [MASONRY AND CONCRETE.] Masonry and concrete includes 
  2.12  work in any of the following areas: 
  2.13     (1) drain systems; 
  2.14     (2) poured walls; 
  2.15     (3) slabs and poured-in-place footings; 
  2.16     (4) masonry walls; 
  2.17     (5) masonry fireplaces; 
  2.18     (6) masonry veneer; and 
  2.19     (7) water resistance and waterproofing. 
  2.20     (c)  [CARPENTRY.] Carpentry includes work in any of the 
  2.21  following areas: 
  2.22     (1) rough framing; 
  2.23     (2) finish carpentry; 
  2.24     (3) siding; 
  2.25     (4) doors, windows, and skylights; 
  2.26     (5) exterior covering; 
  2.27     (6) porches and decks; 
  2.28     (7) wood foundations; 
  2.29     (8) insulation and vapor barrier; 
  2.30     (9) drywall installation, excluding taping and finishing; 
  2.31     (10) cabinet and counter top installation; 
  2.32     (11) wood floors; 
  2.33     (12) installation of roofing materials, excluding roofing; 
  2.34  and 
  2.35     (13) soffit, fascia, and trim. 
  2.36     (d) (c) [INTERIOR FINISHING.] Interior finishing includes 
  3.1   work in any of the following areas: 
  3.2      (1) floor covering; 
  3.3      (2) wood floors; 
  3.4      (3) cabinet and counter top installation; 
  3.5      (4) insulation and vapor barriers; 
  3.6      (5) interior or exterior painting; 
  3.7      (6) ceramic, marble, and quarry tile; 
  3.8      (7) ornamental guardrail and installation of prefabricated 
  3.9   stairs; and 
  3.10     (8) wallpapering. 
  3.11     (e) (d) [EXTERIOR FINISHING.] Exterior finishing includes 
  3.12  work in any of the following areas: 
  3.13     (1) siding; 
  3.14     (2) doors, skylights, and windows; 
  3.15     (3) soffit, fascia, and trim; 
  3.16     (4) exterior plaster and stucco; 
  3.17     (5) painting; and 
  3.18     (6) rain carrying systems, including gutters and down 
  3.19  spouts. 
  3.20     (f) (e) [DRYWALL AND PLASTER.] Drywall and plaster includes 
  3.21  work in any of the following areas: 
  3.22     (1) installation; 
  3.23     (2) taping; 
  3.24     (3) finishing; 
  3.25     (4) interior plaster; 
  3.26     (5) painting; and 
  3.27     (6) wallpapering. 
  3.28     (g) (f) [ROOFING.] Roofing includes work in any of the 
  3.29  following areas: 
  3.30     (1) roof coverings; 
  3.31     (2) roof sheathing; 
  3.32     (3) roof weatherproofing and insulation; and 
  3.33     (4) repair of roof support system, but not construction of 
  3.34  new roof support system. 
  3.35     (h) (g) [GENERAL INSTALLATION SPECIALTIES.] Installation 
  3.36  includes work in any of the following areas: 
  3.37     (1) garage doors and openers; 
  4.1      (2) pools, spas, and hot tubs; 
  4.2      (3) fireplaces and wood stoves; 
  4.3      (4) asphalt paving and seal coating; 
  4.4      (5) exterior plaster and stucco; and 
  4.5      (6) ornamental guardrail and prefabricated stairs. 
  4.6      Sec. 4.  Minnesota Statutes 1994, section 326.842, is 
  4.7   amended to read: 
  4.8      326.842 [ROOFERS; MASONRY AND CONCRETE CONTRACTORS.] 
  4.9      Roofers and masonry and concrete contractors are subject to 
  4.10  all of the requirements of sections 326.83 to 326.98 and 
  4.11  326.991, except the recovery fund in section 326.975. 
  4.12     Sec. 5.  Minnesota Statutes 1994, section 326.94, 
  4.13  subdivision 1, is amended to read: 
  4.14     Subdivision 1.  [BOND.] (a) Licensed manufactured home 
  4.15  installers, licensed masonry and concrete contractors, and 
  4.16  licensed roofers must post a license bond with the commissioner, 
  4.17  conditioned that the applicant shall faithfully perform the 
  4.18  duties and in all things comply with all laws, ordinances, and 
  4.19  rules pertaining to the license or permit applied for and all 
  4.20  contracts entered into.  The annual bond must be continuous and 
  4.21  maintained for so long as the licensee remains licensed.  The 
  4.22  aggregate liability of the surety on the bond to any and all 
  4.23  persons, regardless of the number of claims made against the 
  4.24  bond, may not exceed the amount of the bond.  The bond may be 
  4.25  canceled as to future liability by the surety upon 30 days 
  4.26  written notice mailed to the commissioner by regular mail. 
  4.27     (b) A licensed roofer or masonry and concrete contractor 
  4.28  must post a bond of at least $5,000.  
  4.29     Sec. 6.  [EFFECTIVE DATE.] 
  4.30     Sections 1 to 5 are effective August 1, 1996.  Masonry and 
  4.31  concrete contractors subject to Minnesota Statutes, sections 
  4.32  326.83 to 326.98, must be licensed by January 1, 1997.