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HF 1002

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to public safety; modifying fire protection 
  1.3             industry regulations; providing for a civil penalty; 
  1.4             amending Minnesota Statutes 1996, sections 299M.01, 
  1.5             subdivision 2; 299M.03, subdivision 2; 299M.04; and 
  1.6             299M.06; repealing Minnesota Statutes 1996, sections 
  1.7             299M.05; and 299M.11, subdivision 3. 
  1.9      Section 1.  Minnesota Statutes 1996, section 299M.01, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [APPRENTICE SPRINKLER FITTER.] "Apprentice 
  1.12  sprinkler fitter" means a is any person, other than a fire 
  1.13  protection contractor or journeyman sprinkler fitter, who is 
  1.14  regularly engaged in learning the trade whose principal 
  1.15  occupation is learning and assisting in sprinkler fitting under 
  1.16  the direct supervision of a licensed fire protection contractor 
  1.17  or journeyman sprinkler fitter and is registered with a state or 
  1.18  federal approval agency. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 299M.03, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  [JOURNEYMAN CERTIFICATE.] A person may not 
  1.22  install, connect, alter, repair, or add to a fire protection 
  1.23  system, under the supervision of a fire protection contractor, 
  1.24  unless annually certified to perform those duties as a 
  1.25  journeyman sprinkler fitter, or as a registered an apprentice 
  1.26  sprinkler fitter working under the direct supervision of a 
  2.1   licensed fire protection contractor or journeyman sprinkler 
  2.2   fitter.  This subdivision does not apply to a person altering or 
  2.3   repairing a fire protection system if the system uses low 
  2.4   pressure water and the system is located in a facility regulated 
  2.5   under the federal Mine Occupational Safety and Health Act. 
  2.6      Sec. 3.  Minnesota Statutes 1996, section 299M.04, is 
  2.7   amended to read: 
  2.8      299M.04 [RULES; SETTING FEES.] 
  2.9      The commissioner shall adopt permanent rules for operation 
  2.10  of the council; regulation by municipalities; permit, filing, 
  2.11  inspection, certificate, and license fees; qualifications, 
  2.12  examination, and licensing of fire protection contractors; 
  2.13  certification of journeyman sprinkler fitters; registration 
  2.14  identification and supervision of apprentices; and the 
  2.15  administration and enforcement of this chapter.  Fees must be 
  2.16  set under section 16A.1285.  Permit fees must be a percentage of 
  2.17  the total cost of the fire protection work. 
  2.18     Sec. 4.  Minnesota Statutes 1996, section 299M.06, is 
  2.19  amended to read: 
  2.21     Subdivision 1.  [LICENSES.] The commissioner may revoke, 
  2.22  suspend, or refuse to issue or renew a license or certificate 
  2.23  issued under this chapter.  Any person aggrieved by the 
  2.24  commissioner's action may request a hearing before the 
  2.25  commissioner.  The provisions of sections 14.57 to 14.69 apply 
  2.26  to the hearing and to any subsequent proceedings.  
  2.27     Subd. 2.  [CEASE AND DESIST.] The commissioner, or an 
  2.28  employee of the department designated by the commissioner, may 
  2.29  issue an order to cease an activity if continuation of the 
  2.30  activity would result in an immediate risk to public health or 
  2.31  public safety.  An order issued under this subdivision is 
  2.32  effective for a maximum of 72 hours.  In conjunction with the 
  2.33  issuance of the cease and desist order, the commissioner may 
  2.34  post a sign to cease an activity until the cease and desist 
  2.35  order is lifted and the sign is removed by the commissioner.  
  2.36  The commissioner shall seek an injunction in the district court 
  3.1   in Ramsey county or, at the commissioner's discretion, in the 
  3.2   district court in the county in which a violation of a statute 
  3.3   or rule has occurred to restrain activities for a period beyond 
  3.4   72 hours.  The issuance of a cease and desist order does not 
  3.5   preclude the commissioner from pursuing any other enforcement 
  3.6   action available to the commissioner. 
  3.7      Subd. 3.  [CIVIL LIABILITY.] Instead of or in addition to 
  3.8   license revocation, license suspension, or referral to issue or 
  3.9   renew a license, the commissioner may impose a civil penalty as 
  3.10  authorized under this chapter or any rule adopted pursuant to 
  3.11  this chapter, not to exceed $1,000 for each violation for each 
  3.12  day that the violation persists. 
  3.13     Subd. 4.  [JUDICIAL REVIEW.] (a) Within 30 days of 
  3.14  receiving notice of the commissioner's proposed civil penalty, a 
  3.15  person aggrieved by the commissioner's decision must notify the 
  3.16  commissioner in writing of the request to obtain judicial review 
  3.17  of the commissioner's decision.  Upon receiving the request, the 
  3.18  commissioner's decision is stayed pending final disposition by 
  3.19  the court.  Failure to object to the commissioner's decision 
  3.20  within 30 days precludes review under this section. 
  3.21     (b) A hearing under this section for a civil penalty must 
  3.22  be before a Ramsey county district court judge or in any county 
  3.23  in the judicial district where the alleged offense occurred.  
  3.24  Trials under this section for a civil penalty must be to the 
  3.25  court sitting without a jury.  The scope of review is limited to 
  3.26  whether a violation of this chapter or rule adopted pursuant to 
  3.27  this chapter has occurred and whether any action taken by the 
  3.28  commissioner is in accordance with this chapter.  The district 
  3.29  court may also consider any other remedy appropriate under the 
  3.30  circumstances, including injunctive relief.  The commissioner of 
  3.31  public safety shall appear and be represented by the attorney 
  3.32  general or, if the matter is venued in conciliation court for a 
  3.33  monetary penalty only, by the commissioner's designee. 
  3.34     Sec. 5.  [REPEALER.] 
  3.35     Minnesota Statutes 1996, sections 299M.05 and 299M.11, 
  3.36  subdivision 3, are repealed.