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HF 891

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:19pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2013

Current Version - as introduced

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A bill for an act
relating to commerce; licensing maintenance plumbers in certain cases;
modifying fees; amending Minnesota Statutes 2012, 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 2012, 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, 2014.
new text end

Sec. 2.

Minnesota Statutes 2012, 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, certification, or registration of plumbing
contractors, journeymen, unlicensed individuals, master plumbers, restricted master
plumbers, restricted journeymen, new text begin maintenance plumbers, new text end restricted plumbing contractors,
backflow prevention rebuilders and testers, water 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, or engaged in or working at the business of medical gas system
installation, maintenance, or repair, 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 begin maintenance plumbers, new text end water conditioning contractors, and water conditioning
installers, and for individuals certified under sections 326B.437 and 326B.438. 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, registrations, 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, 2014.
new text end

Sec. 3.

Minnesota Statutes 2012, 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 begin and
deleted 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 1a, 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, 2014.
new text end

Sec. 4.

Minnesota Statutes 2012, 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
individual. The responsible individual must be a master plumbernew text begin or 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, a restricted master plumber. The certificate
must be signed by the responsible individual 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 complies 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 individual
with the commissioner. The certificate shall expire two years from the date of filing. In
order to maintain a current certificate of responsible individual, the employer must resubmit
a certificate of responsible individual, with a filing fee, no later than two years from the
date of the previous submittal. The filing of the certificate of responsible individual does
not exempt any employee of the employer from the requirements of this chapter regarding
individual licensing as a plumber or registration as an unlicensed individual.

(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.

(d) A person may perform and offer to perform building sewer or water service
installation without a contractor's license if the person is in compliance with the bond and
insurance requirements of subdivision 2.

(e) Waterproofing contractors licensed under sections 326B.801 to 326B.89 may
install in existing single-family dwellings a single sump pump, which receives subsurface
or seepage water through a subsoil drain and discharges to grade. The Minnesota Plumbing
Code applies to this paragraph, including provisions relating to proper installation, use of
approved materials, and proper support of the materials.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 5.

Minnesota Statutes 2012, section 326B.47, subdivision 1, is amended to read:


Subdivision 1.

Registration; supervision; records.

(a) All unlicensed individuals,
other than plumber's apprentices and individuals who have completed pipe laying training
as prescribed by the commissioner, 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 begin ordeleted text end restricted journeymannew text begin , or maintenancenew text end plumber. The
master, restricted master, journeyman, deleted text begin ordeleted 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 begin ordeleted text end restricted journeymannew text begin , or maintenance plumber
new text end must be licensed and must be employed by the same employer as the plumber's apprentice
or registered unlicensed individual. Licensed individuals shall not permit plumber's
apprentices or registered unlicensed individuals to perform plumbing work except under
the direct supervision of an individual actually licensed to perform such work. Plumber's
apprentices and registered unlicensed individuals shall not supervise the performance
of plumbing work or make assignments of plumbing work to new text begin plumber's apprentices or
registered
new text end unlicensed individuals.

(c) Contractors employing plumber's apprentices or registered unlicensed individuals
to perform plumbing work shall maintain records establishing compliance with this
subdivision that shall identify all plumber's apprentices and registered unlicensed
individuals performing 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, 2014.
new text end

Sec. 6.

Minnesota Statutes 2012, 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, 2014.
new text end

Sec. 7.

Minnesota Statutes 2012, section 326B.49, subdivision 1, is amended to read:


Subdivision 1.

Application, examination, and license fees.

(a) Applications
for master deleted text begin anddeleted text end new 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 begin All renewed maintenance plumber's
licenses shall be two-year licenses.
new text end The 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 begin anddeleted text end new text begin ,new text end restricted journeyman plumbernew text begin , and maintenance plumbernew text end ; and

(4) the registration of an unlicensed individual under section 326B.47, subdivision 3,
shall be considered an entry level license.

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

(f) The commissioner shall charge each person giving bond under section 326B.46,
subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
licensed contractor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end