6th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to state government; changing provisions for construction codes and
licensing provisions; providing penalties and enforcement; modifying provisions
relating to the limitation on certain actions; instructing the revisor to renumber
certain statutory sections; appropriating money; providing appropriation
reductions; amending Minnesota Statutes 2006, sections 16B.04, subdivision 2;
16B.60, subdivisions 4, 7, 8, 11; 16B.61; 16B.615, subdivision 4; 16B.617;
16B.6175; 16B.63; 16B.64, by adding a subdivision; 16B.65; 16B.70; 16B.72;
16B.73; 16B.735; 16B.74, subdivisions 1, 2, by adding subdivisions; 16B.741;
16B.744; 16B.745, subdivisions 1, 4; 16B.747; 16B.748; 16B.76; 31.175;
103I.621, subdivision 3; 144.122; 144.99, subdivision 1; 175.16, subdivision 1;
178.01; 178.02; 178.03, subdivision 3; 178.041, subdivision 1; 183.38; 183.39,
subdivision 1; 183.411, subdivision 2; 183.42; 183.45; 183.46; 183.465; 183.466;
183.48; 183.501; 183.505; 183.51; 183.54, subdivisions 1, 3; 183.545, by adding
a subdivision; 183.56; 183.57, subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61,
subdivisions 2, 4; 214.01, subdivision 3; 214.04, subdivisions 1, 3; 299F.011,
subdivision 1; 325E.37, subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6,
6a, 6b, 6c, 6e, 6f, 6g, 6j, 6k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243;
326.244, subdivisions 1a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245;
326.248; 326.37; 326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46;
326.461, by adding subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision
1; 326.58; 326.59; 326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62;
326.65; 326.83, subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842;
326.86; 326.87; 326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision
1; 326.92; 326.921; 326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97;
326.975, subdivision 1; 326.992; 327.20, subdivision 1; 327.205; 327.31,
subdivisions 2, 3, 4, 7, 15, by adding a subdivision; 327.32, subdivision 8;
327.33, subdivisions 2, 6, 7; 327.34, subdivision 3; 327.35, subdivisions
1, 2; 327A.01, subdivision 2; 327B.01, subdivisions 4, 5, 7, 17, by adding
subdivisions; 327B.04, subdivisions 1, 4, 6, 7, 8, by adding a subdivision;
327B.05, subdivision 1; 327B.10; 363A.40, subdivision 1; 462.357, subdivision
6a; 462A.07, subdivision 8; 471.465; 471.466; 471.467; 471.471; 541.051;
proposing coding for new law in Minnesota Statutes, chapters 326; 327B;
proposing coding for new law as Minnesota Statutes, chapter 326B; repealing
Minnesota Statutes 2006, sections 16B.665; 16B.747, subdivision 4; 183.001;
183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6; 183.41, subdivisions 1, 2, 3, 4;
183.44, subdivisions 1, 2, 3; 183.52; 183.54, subdivision 2; 183.545, subdivision
9; 183.61, subdivisions 1, 3, 5, 6; 326.01, subdivisions 4, 6h, 9, 10, 11, 12, 13;
326.241; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10;
326.244, subdivision 6; 326.246; 326.2461; 326.247; 326.40, subdivision 4;
326.41; 326.44; 326.45; 326.47, subdivision 5; 326.51; 326.52; 326.521; 326.64;
326.83, subdivisions 3, 4, 12, 13; 326.85; 326.875; 326.91, subdivisions 2, 3, 4;
326.945; 326.975; 326.98; 327B.05, subdivisions 2, 3, 4, 5, 6; Minnesota Rules,
parts 2809.0230; 2891.0010; 2891.0030; 3800.2650; 3800.3580; 3800.3590;
3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900; 4717.7000, subpart
1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010;
5230.0020; 5230.0040; 5230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
1346, 1350, 1360, and 7672, the revisor of statutes shall:
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(1) change the term "commissioner of administration" to "commissioner of labor
and industry";
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(2) change the term "Department of Administration" to "Department of Labor and
Industry";
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(3) change the term "Department of Administration's Building Codes and Standards
Division" to "Department of Labor and Industry"; and
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(4) change the term "director of the Building Codes and Standards Division of the
Department of Administration" to "individual appointed by the commissioner of labor and
industry to administer the code."
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This section is effective the day following final enactment.
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Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
read:
The commissioner of
deleted text begin public safety through the Division of Fire Marshal may promulgatedeleted text end new text begin labor and industry,
consistent with the recommendations of the state fire marshal, shall adopt new text end a State Fire
Code and make amendments thereto in accordance with the Administrative Procedure Act
in chapter 14. The code and its amendments shall conform insofar as practicable to model
fire codes generally accepted and in use throughout the United States, with consideration
given to existing statewide specialty codes presently in use in the state of Minnesota.
Statewide specialty codes and model codes with necessary modifications may be adopted
by reference in accordance with section 14.07, subdivision 4.
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This section is effective the day following final enactment.
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The definitions in this section apply to chapter 326B.
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"ASME" means the American Society of Mechanical Engineers.
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"Commissioner" means the commissioner of labor
and industry or a duly designated representative of the commissioner who is either an
employee of the Department of Labor and Industry or a person working under contract
with the department.
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"Department" means the Department of Labor and Industry.
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"Day" means calendar day unless otherwise provided.
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"Individual" means a human being.
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"Person" means any individual, limited liability company,
corporation, partnership, incorporated or unincorporated association, sole proprietorship,
joint stock company, or any other legal or commercial entity.
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This section is effective the day following final enactment.
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The responsibilities of the
commissioner of administration relating to the state building code, sections 16B.59 to
16B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
warranties in connection with the sale of dwellings and home improvement work, chapter
327A, are transferred under section 15.039 to the commissioner of labor and industry
as amended and recodified in this chapter. The responsibilities of the commissioner of
health relating to the state plumbing code and licensing, sections 16B.61, 144.99 to
144.993, and 326.37 to 326.45, and water conditioning contractors and installers, sections
326.57 to 326.65, are transferred under section 15.039 to the commissioner of labor and
industry as amended and recodified in this chapter except for responsibilities transferred
to the Plumbing Board as expressly provided in this chapter. The responsibilities of the
commissioner of commerce relating to residential contractors, residential remodelers,
residential roofers, manufactured home installers, and the contractor's recovery fund under
sections 45.027 to 45.23 and 326.83 to 326.992 are transferred under section 15.039
to the commissioner of labor and industry as amended and recodified in this chapter.
The responsibilities of the Board of Electricity relating to the State Electrical Code and
licensing, sections 16B.61 and 326.241 to 326.248, are transferred under section 15.039
to the commissioner of labor and industry as amended and recodified in this chapter
except for responsibilities transferred to the Board of Electricity as expressly provided
in this chapter.
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The commissioner of administration may not use
the authority under section 16B.37 to modify the transfers of authority to the Plumbing
Board, the Board of Electricity, or the Board of High Pressure Piping Systems under
this chapter.
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For purposes of subdivision 1,
responsibilities include powers, duties, rights, obligations, and other authority imposed
by law.
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The state fire marshal shall work with the
commissioner to improve the delivery of services to the public through the coordination
of services and utilization of technology.
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The commissioner may, under the
rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
amend, suspend, and repeal rules relating to the commissioner's responsibilities under this
chapter, except for rules for which the rulemaking authority is expressly transferred to the
Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems.
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This section is effective the day following final enactment.
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There is created in the state treasury
a construction code fund as a special revenue fund for the purpose of administering this
chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
sections, except penalties, is credited to the construction code fund unless otherwise
specifically designated by law. Any interest or profit accruing from investment of these
sums is credited to the construction code fund. All money collected in the construction
code fund is appropriated to the commissioner to administer and enforce the provisions
identified in this section.
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Unless otherwise provided by law, all penalties assessed under this chapter, section
327.35, and chapter 327B are credited to the assigned risk safety account established
by section 79.253.
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All remaining balances as of June 30, 2007, in the state
government special revenue fund and special revenue fund accounts maintained for
the Building Codes and Standards Division, Board of Electricity, and plumbing and
engineering unit are transferred to the construction code fund. Unless otherwise
specifically designated by law: (1) all money collected under chapter 183 and sections
16B.59 to 16B.76; 144.122, paragraph (f); 181.723; 326.241 to 326.248; 326.37 to
326.521; 326.57 to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to
327B.12, except penalties, is credited to the construction code fund; (2) all fees collected
under section 45.23 in connection with continuing education for residential contractors,
residential remodelers, and residential roofers are credited to the construction code fund;
and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all
penalties assessed under sections 144.99 to 144.993 in connection with any violation of
sections 326.37 to 326.45 or 326.57 to 327.65 or the rules adopted under those sections
are credited to the assigned risk safety account established by section 79.253.
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This section is effective July 1, 2007.
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Bonds issued under this chapter are not state bonds or contracts for purposes of
sections 8.05 and 16C.05, subdivision 2.
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The commissioner shall not be subject to subpoena for purposes of providing expert
testimony, except in an enforcement proceeding brought by the commissioner.
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The governor must make the appointments to the Board of Electricity, the Plumbing
Board, and the Board of High Pressure Piping Systems no later than July 1, 2007. The
commissioner of labor and industry must convene the first meeting of each board no later
than September 1, 2007.
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For purposes of sections 326B.081 to 326B.085, the
terms defined in this section have the meanings given them.
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"Administrative order" means an order issued
under section 326B.082, subdivision 7.
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"Applicable law" means the provisions of sections
326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders,
stipulation agreements, settlements, compliance agreements, licenses, registrations,
certificates, and permits adopted, issued, or enforced by the department under sections
326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
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"Document" or "documents" includes papers;
books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
invoices; bills; notes; and calendars maintained in any form or manner.
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"Final" when used to describe any order issued under section
326B.082 means that:
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(1) no request for hearing in connection with the order was filed in the manner and
within the time provided by section 326B.082;
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(2) all requests for hearing have been withdrawn;
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(3) an agreement that resolves the order has been signed by all the parties; or
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(4) after the filing of a request for hearing, an order has been issued by the
commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
pursued or forgone.
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"Licensing order" means an order issued under section
326B.082, subdivision 12, paragraph (a).
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"Minimum qualifications" means the
educational, experience, fee, examination, application, and other eligibility requirements
that an applicant must meet in order to obtain a license, registration, certificate, or
permit under the applicable law. For an applicant that is not an individual, the minimum
qualifications include the requirement that an employee or other individual associated
with the applicant hold a license.
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"Stop order" means an order issued under section 326B.082,
subdivision 10.
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The commissioner may enforce all applicable
law under this section. The commissioner may use any enforcement provision in this
section, including the assessment of monetary penalties, against a person required to have
a license, registration, certificate, or permit under the applicable law based on conduct
that would provide grounds for action against a licensee, registrant, certificate holder,
or permit holder under the applicable law. The use of an enforcement provision in this
section shall not preclude the use of any other enforcement provision in this section or
otherwise provided by law.
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(a) In order to carry out
the purposes of the applicable law, the commissioner may:
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(1) administer oaths and affirmations, certify official acts, interview, question, take
oral or written statements, and take depositions;
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(2) request, examine, take possession of, test, sample, measure, photograph, record,
and copy any documents, apparatus, devices, equipment, or materials;
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(3) at a time and place indicated by the commissioner, request persons to appear
before the commissioner to give testimony and produce documents, apparatus, devices,
equipment, or materials;
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(4) issue subpoenas to compel persons to appear before the commissioner to give
testimony and produce documents, apparatus, devices, equipment, or materials; and
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(5) with or without notice, enter without delay upon any property, public or private,
for the purpose of taking any action authorized under this subdivision or the applicable
law, including obtaining information, remedying violations, or conducting surveys,
inspections, or investigations.
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(b) Persons requested by the commissioner to give testimony or produce documents,
apparatus, devices, equipment, or materials shall respond within the time and in the manner
specified by the commissioner. If no time to respond is specified in the request, then a
response shall be submitted within 30 days of the commissioner's service of the request.
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(c) Upon the refusal or anticipated refusal of a property owner, lessee, property
owner's representative, or lessee's representative to permit the commissioner's entry onto
property as provided in paragraph (a), the commissioner may apply for an administrative
inspection order in the Ramsey County District Court or, at the commissioner's discretion,
in the district court in the county in which the property is located. The commissioner may
anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
property owner's representative, or lessee's representative has refused to permit entry on a
prior occasion or has informed the commissioner that entry will be refused. Upon showing
of administrative probable cause by the commissioner, the district court shall issue an
administrative inspection order that compels the property owner or lessee to permit the
commissioner to enter the property for the purposes specified in paragraph (a).
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(d) Upon the application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this subdivision
as a contempt of court.
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Unless otherwise specified, service of a document on a person
under this section or section 326B.083 may be by mail, by personal service, or in
accordance with any consent to service filed with the commissioner. Service by mail shall
be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
2. Personal service shall be accomplished in the manner provided in Minnesota Rules,
part 1400.5550, subpart 3.
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When this section or section 326B.083 permits a
request for reconsideration or request for hearing to be served by fax on the commissioner,
the fax shall not exceed 15 pages in length. The request shall be considered timely
served if the fax is received by the commissioner, at the fax number identified by the
commissioner in the order or notice of violation, no later than 4:30 p.m. central time on
the last day permitted for faxing the request. Where the quality or authenticity of the faxed
request is at issue, the commissioner may require the original request to be filed. Where
the commissioner has not identified quality or authenticity of the faxed request as an issue
and the request has been faxed in accordance with this subdivision, the person faxing the
request does not need to file the original request with the commissioner.
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In computing any period of time prescribed or allowed
by this section, the day of the act, event, or default from which the designated period of
time begins to run shall not be included. The last day of the period so computed shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
until the next day which is not a Saturday, Sunday, or legal holiday.
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(a) The commissioner may issue a notice of violation
to any person who the commissioner determines has committed a violation of the
applicable law. The notice of violation must state a summary of the facts that constitute
the violation and the applicable law violated. The notice of violation may require the
person to correct the violation. If correction is required, the notice of violation must state
the deadline by which the violation must be corrected.
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(b) The commissioner shall issue the notice of violation by:
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(1) serving the notice of violation on the property owner or on the person who
committed the violation; or
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(2) posting the notice of violation at the location where the violation occurred.
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(c) If the person to whom the commissioner has issued the notice of violation
believes the notice was issued in error, then the person may request reconsideration of the
parts of the notice that the person believes are in error. The request for reconsideration
must be in writing and must be served on or faxed to the commissioner at the address or
fax number specified in the notice of violation by the tenth day after the commissioner
issued the notice of violation. The date on which a request for reconsideration is served by
mail shall be the postmark date on the envelope in which the request for reconsideration is
mailed. If the person does not serve or fax a written request for reconsideration or if the
person's written request for reconsideration is not served on or faxed to the commissioner
by the tenth day after the commissioner issued the notice of violation, the notice of
violation shall become a final order of the commissioner and will not be subject to review
by any court or agency. The request for reconsideration must:
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(1) specify which parts of the notice of violation the person believes are in error;
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(2) explain why the person believes the parts are in error; and
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(3) provide documentation to support the request for reconsideration.
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The commissioner shall respond in writing to requests for reconsideration
made under this paragraph within 15 days after receiving the request. A request for
reconsideration does not stay a requirement to correct a violation as set forth in the notice
of violation. After reviewing the request for reconsideration, the commissioner may
affirm, modify, or rescind the notice of violation. The commissioner's response to a
request for reconsideration is final and shall not be reviewed by any court or agency.
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(a) The commissioner may issue an administrative order to any person who
the commissioner determines has committed a violation of the applicable law. The
commissioner shall issue the administrative order by serving the administrative order on
the person. The administrative order may require the person to correct the violation,
may require the person to cease and desist from committing the violation, and may
assess monetary penalties. The commissioner shall follow the procedures in section
326B.083 when issuing administrative orders. Except as provided in paragraph (b), the
commissioner may issue to each person a monetary penalty of up to $10,000 for each
violation of applicable law committed by the person. The commissioner may order that
part or all of the monetary penalty will be forgiven if the person to whom the order is
issued demonstrates to the commissioner by the 31st day after the order is issued that
the person has corrected the violation or has developed a correction plan acceptable to
the commissioner.
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(b) The commissioner may issue an administrative order for failure to correct a
violation by the deadline stated in a final administrative order issued under paragraph (a).
Each day after the deadline during which the violation remains uncorrected is a separate
violation for purposes of calculating the maximum monetary penalty amount.
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(c) Upon the application of the commissioner, a district court shall find the failure of
any person to correct a violation as required by a final administrative order issued by the
commissioner under this subdivision as a contempt of court.
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(a) Within 30 days after the
commissioner issues an administrative order or within 20 days after the commissioner
issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
person to whom the administrative order or notice is issued may request an expedited
hearing to review the commissioner's order or notice. The request for hearing must be
in writing and must be served on or faxed to the commissioner at the address or fax
number specified in the order or notice. If the person does not request a hearing or if the
person's written request for hearing is not served on or faxed to the commissioner by the
30th day after the commissioner issues the administrative order or the 20th day after the
commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
clause (3), the order will become a final order of the commissioner and will not be subject
to review by any court or agency. The date on which a request for hearing is served by
mail shall be the postmark date on the envelope in which the request for hearing is mailed.
The hearing request must specifically state the reasons for seeking review of the order or
notice. The person to whom the order or notice is issued and the commissioner are the
parties to the expedited hearing. The commissioner must notify the person to whom the
order or notice is issued of the time and place of the hearing at least 15 days before the
hearing. The expedited hearing must be held within 45 days after a request for hearing has
been served on the commissioner unless the parties agree to a later date.
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(b) All written arguments must be submitted within ten days following the close of
the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
consultation with the agency, adopt rules specifically applicable to cases under this section.
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(c) The administrative law judge shall issue a report making findings of fact,
conclusions of law, and a recommended order to the commissioner within 30 days
following the close of the record.
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(d) If the administrative law judge makes a finding that the hearing was requested
solely for purposes of delay or that the hearing request was frivolous, the commissioner
may add to the amount of the penalty the costs charged to the department by the Office of
Administrative Hearings for the hearing.
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(e) If a hearing has been held, the commissioner shall not issue a final order until
at least five days after the date of the administrative law judge's report. Any person
aggrieved by the administrative law judge's report may, within those five days, serve
written comments to the commissioner on the report and the commissioner shall consider
the comments. The commissioner's final order may be appealed in the manner provided in
sections 14.63 to 14.69.
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In addition to any other remedy provided by law, the
commissioner may bring an action for injunctive relief in the Ramsey County District
Court or, at the commissioner's discretion, in the district court in the county in which the
commissioner has determined a violation of the applicable law has occurred or is about to
occur to enjoin the violation. A temporary restraining order and other injunctive relief
shall be granted by the district court if the court determines that a person has engaged in or
is about to engage in an act, conduct, or practice constituting a violation of the applicable
law. The commissioner shall not be required to show irreparable harm.
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(a) If the commissioner determines based on an inspection
or investigation that a person has violated or is about to violate the applicable law, the
commissioner may issue to the person a stop order requiring the person to cease and desist
from committing the violation.
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(b) If the commissioner determines that a condition exists on real property that
violates the applicable law, the commissioner may issue a stop order to the owner or
lessee of the real property to cease and desist from committing the violation and to correct
the condition that is in violation.
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(c) The commissioner shall issue the stop work order by:
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(1) serving the order on the person who has committed or is about to commit the
violation;
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(2) posting the order at the location where the violation was committed or is about to
be committed or at the location where the violating condition exists; or
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(3) serving the order on any owner or lessee of the real property where the violating
condition exists.
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(d) A stop order shall:
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(1) describe the act, conduct, or practice committed or about to be committed, or the
condition, and include a reference to the applicable law that the act, conduct, practice, or
condition violates or would violate; and
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(2) provide notice that any person aggrieved by the stop order may request a hearing
as provided in paragraph (e).
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(e) Within 30 days after the commissioner issues a stop order, any person aggrieved
by the order may request an expedited hearing to review the commissioner's action.
The request for hearing must be made in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the order. If the person does not
request a hearing or if the person's written request for hearing is not served on or faxed to
the commissioner on or before the 30th day after the commissioner issued the stop order,
the order will become a final order of the commissioner and will not be subject to review
by any court or agency. The date on which a request for hearing is served by mail is the
postmark date on the envelope in which the request for hearing is mailed. The hearing
request must specifically state the reasons for seeking review of the order. The person who
requested the hearing and the commissioner are the parties to the expedited hearing. The
hearing shall be commenced within ten days after the commissioner receives the request
for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
1400.8612, as modified by this subdivision. The administrative law judge shall issue a
report containing findings of fact, conclusions of law, and a recommended order within
ten days after the conclusion of the hearing. Any party aggrieved by the administrative
law judge's report shall have five days after the date of the administrative law judge's
report to submit exceptions and argument to the commissioner. Within 15 days after
receiving the administrative law judge's report, the commissioner shall issue an order
vacating, modifying, or making permanent the stop order. The commissioner and the
person requesting the hearing may by agreement lengthen any time periods described in
this paragraph. The Office of Administrative Hearings may, in consultation with the
agency, adopt rules specifically applicable to cases under this subdivision.
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(f) A stop order issued under this subdivision shall be in effect until it is modified or
vacated by the commissioner or an appellate court. The administrative hearing provided
by this subdivision and any appellate judicial review as provided in chapter 14 shall
constitute the exclusive remedy for any person aggrieved by a stop order.
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(g) Upon the application of the commissioner, a district court shall find the failure of
any person to comply with a final stop order lawfully issued by the commissioner under
this subdivision as a contempt of court.
new text end
new text begin
(a) The commissioner may
deny an application for a permit, license, registration, or certificate if the applicant does
not meet or fails to maintain the minimum qualifications for holding the permit, license,
registration, or certificate, or has any unresolved violations or unpaid fees or monetary
penalties related to the activity for which the permit, license, registration, or certificate has
been applied for or was issued.
new text end
new text begin
(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
person's permit, license, registration, or certificate, or censure the person holding the
permit, license, registration, or certificate, if the commissioner finds that the person:
new text end
new text begin
(1) committed one or more violations of the applicable law;
new text end
new text begin
(2) submitted false or misleading information to the state in connection with
activities for which the permit, license, registration, or certificate was issued, or in
connection with the application for the permit, license, registration, or certificate;
new text end
new text begin
(3) allowed the alteration or use of the person's own permit, license, registration,
or certificate by another person;
new text end
new text begin
(4) within the previous five years, was convicted of a crime in connection with
activities for which the permit, license, registration, or certificate was issued;
new text end
new text begin
(5) violated a final administrative order issued under subdivision 7 or a final stop
order issued under subdivision 10, or injunctive relief issued under subdivision 9;
new text end
new text begin
(6) failed to cooperate with a commissioner's request to give testimony, to produce
documents, things, apparatus, devices, equipment, or materials, or to access property
under subdivision 2;
new text end
new text begin
(7) retaliated in any manner against any employee or person who is questioned by,
cooperates with, or provides information to the commissioner or an employee or agent
authorized by the commissioner who seeks access to property or things under subdivision
2;
new text end
new text begin
(8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
new text end
new text begin
(9) performed work in connection with the permit, license, registration, or
certificate or conducted the person's affairs in a manner that demonstrates incompetence,
untrustworthiness, or financial irresponsibility.
new text end
new text begin
(c) If the commissioner revokes a person's permit, license, registration, or certificate
under paragraph (b), the person is prohibited from reapplying for the same type of permit,
license, registration, or certificate for at least two years after the effective date of the
revocation. The commissioner may, as a condition of reapplication, require the person to
obtain a bond or comply with additional reasonable conditions the commissioner considers
necessary to protect the public.
new text end
new text begin
(d) If a permit, license, registration, or certificate expires, or is surrendered,
withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
institute a proceeding under this subdivision within two years after the permit, license,
registration, or certificate was last effective and enter a revocation or suspension order as
of the last date on which the permit, license, registration, or certificate was in effect.
new text end
new text begin
(a) If the commissioner determines that a permit, license, registration, or certificate
should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
or that the permit holder, licensee, registrant, or certificate holder should be censured
under subdivision 11, then the commissioner shall issue to the person an order denying,
conditioning, limiting, suspending, or revoking the person's permit, license, registration,
or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
new text end
new text begin
(b) Any order issued under paragraph (a) may include an assessment of monetary
penalties and may require the person to cease and desist from committing the violation
or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
committed by the person. The procedures in section 326B.083 must be followed when
issuing orders under paragraph (a).
new text end
new text begin
(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
the commissioner issues an order under paragraph (a) shall have 30 days after service of
the order to request a hearing. The request for hearing must be in writing and must be
served on or faxed to the commissioner at the address or fax number specified in the order
by the 30th day after service of the order. If the person does not request a hearing or if
the person's written request for hearing is not served on or faxed to the commissioner
by the 30th day after service of the order, the order shall become a final order of the
commissioner and will not be subject to review by any court or agency. The date on which
a request for hearing is served by mail shall be the postmark date on the envelope in which
the request for hearing is mailed. If the person submits to the commissioner a timely
request for hearing, a contested case hearing shall be held in accordance with chapter 14.
new text end
new text begin
(d) Paragraph (c) does not apply to summary suspension under subdivision 13.
new text end
new text begin
In any case where the commissioner has
issued an order to revoke or suspend a license, registration, certificate, or permit under
subdivision 12, the commissioner may summarily suspend the person's permit, license,
registration, or certificate before the order becomes final. The commissioner shall issue a
summary suspension order when the safety of life or property is threatened or to prevent
the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
public. The summary suspension shall not affect the deadline for submitting a request
for hearing under subdivision 12. If the commissioner summarily suspends a person's
permit, license, registration, or certificate, a timely request for hearing submitted under
subdivision 12 shall also be considered a timely request for hearing on continuation of
the summary suspension. If the commissioner summarily suspends a person's permit,
license, registration, or certificate under this subdivision and the person submits a timely
request for a hearing, then a hearing on continuation of the summary suspension must be
held within ten days after the commissioner receives the request for hearing unless the
parties agree to a later date.
new text end
new text begin
The commissioner may prepare a plan for
assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
provide a 30-day period for public comment on any such plan. Penalties assessed by the
commissioner in accordance with the plan shall be presumed reasonable.
new text end
new text begin
Nothing in this section shall be construed to limit
the application of other state or federal laws, including specifically but not exclusively
section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
permit, license, registration, or certificate issued by the commissioner.
new text end
new text begin
Except as otherwise provided by law, a person
who violates an applicable law is guilty of a misdemeanor.
new text end
new text begin
If a person fails to pay a penalty
owed under this section or section 326B.083, the commissioner may revoke, suspend, or
deny any or all licenses, permits, certificates, and registrations issued by the department.
new text end
new text begin
In determining the amount of
a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
consider the factors described in section 14.045, subdivision 3.
new text end
new text begin
(a) An
administrative order and a licensing order must include:
new text end
new text begin
(1) a summary of the facts that constitute the violation or violations;
new text end
new text begin
(2) a reference to the applicable law that has been violated; and
new text end
new text begin
(3) a statement of the person's right to request a hearing.
new text end
new text begin
(b) An administrative order may include a requirement that the violation be
corrected. If the order includes a requirement that the violation be corrected, then the
order must include, in addition to any statements required under paragraphs (a) and (c),
the deadline by which the violation must be corrected.
new text end
new text begin
(c) An administrative order or a licensing order may assess monetary penalties. If
the order assesses monetary penalties, then the order must include, in addition to any
statements required under paragraphs (a) and (b):
new text end
new text begin
(1) a statement of the amount of the monetary penalty imposed;
new text end
new text begin
(2) a statement that, when the order becomes final, the commissioner may file and
enforce the unpaid portion of a penalty as a judgment in district court without further
notice or additional proceedings; and
new text end
new text begin
(3) if the order is an administrative order, a statement of the amount of the penalty,
if any, that will be forgiven if the person who is subject to the order demonstrates to the
commissioner by the 31st day after the order is served that the person has corrected the
violation or has developed a correction plan acceptable to the commissioner.
new text end
new text begin
(a) If an administrative order includes a penalty assessment, then
the penalty is due and payable on the date the administrative order becomes final unless
some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
then the penalty is due and payable on the date the licensing order becomes final.
new text end
new text begin
(b) This paragraph applies if an administrative order includes a penalty assessment
and all or a portion of the penalty is forgivable.
new text end
new text begin
(1) If any portion of the penalty is not forgivable, that portion of the penalty is due
and payable ten days after the date the administrative order becomes final.
new text end
new text begin
(2) The commissioner shall forgive the forgivable portion of the penalty if the
commissioner determines that the violation has been corrected within the time set by
the order or the person to whom the order was issued has developed a correction plan
acceptable to the commissioner within the time set by the order.
new text end
new text begin
(3) If the commissioner determines that the person to whom the order was issued
has failed to correct the violation within the time set by the order or has failed to develop
a correction plan acceptable to the commissioner within the time set by the order, then
the forgivable portion of the penalty is due and payable ten days after the commissioner
serves notice of the determination on the person or on the date the administrative order
becomes final, whichever is later.
new text end
new text begin
(c) This paragraph applies if an administrative order or a licensing order includes a
penalty assessment and if the person subject to the order has requested a hearing. The
administrative law judge may not recommend a change in the amount of the penalty if
the penalty was assessed in accordance with a plan prepared under section 326B.082,
subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
subdivision 14, then the administrative law judge may not recommend a change in the
amount of the penalty unless the administrative law judge determines that, based on the
factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
new text end
new text begin
(d) The assessment of a penalty does not preclude the use of other enforcement
provisions, under which penalties are not assessed, in connection with the violation for
which the penalty was assessed.
new text end
new text begin
A person subject to any of the requirements in the applicable law may not make a
false material statement, representation, or certification in; omit material information
from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
or other document required under the applicable law.
new text end
new text begin
In any action brought by the commissioner for enforcement of an order issued
under section 326B.082 for injunctive relief, or to compel performance pursuant to the
applicable law, if the state finally prevails, the state, in addition to other penalties provided
by law, may be allowed an amount determined by the court to be the reasonable value of
all or part of the litigation expenses incurred by the state. In determining the amount of
the litigation expenses to be allowed, the court shall give consideration to the economic
circumstances of the defendant.
new text end
new text begin
The revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.
new text end
Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
Subject to other provisions of this chapter,
the commissioner is authorized to:
(1) supervise, control, review, and approve all state contracts and purchasing;
(2) provide agencies with supplies and equipment and operate all central store or
supply rooms serving more than one agency;
(3) investigate and study the management and organization of agencies, and
reorganize them when necessary to ensure their effective and efficient operation;
(4) manage and control state property, real and personal;
(5) maintain and operate all state buildings, as described in section 16B.24,
subdivision 1;
(6) supervise, control, review, and approve all capital improvements to state
buildings and the capitol building and grounds;
(7) provide central duplicating, printing, and mail facilities;
(8) oversee publication of official documents and provide for their sale;
(9) manage and operate parking facilities for state employees and a central motor
pool for travel on state business;new text begin and
new text end
deleted text begin
(10) establish and administer a State Building Code; and
deleted text end
deleted text begin (11)deleted text end new text begin (10)new text end provide rental space within the capitol complex for a private day care
center for children of state employees. The commissioner shall contract for services as
provided in this chapter. The commissioner shall report back to the legislature by October
1, 1984, with the recommendation to implement the private day care operation.
Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
"Code" means the State Building Code adopted by the commissioner
new text begin of labor and industry in consultation with each industry board and the Construction Codes
Advisory Council new text end in accordance with sections 16B.59 to 16B.75.
Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
deleted text begin
"Physically disabled" means
having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities
of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,
or perceptiveness.
deleted text end
new text begin
"Person with a disability" or "persons with disabilities" includes
people who have a vision disability, a hearing disability, a disability of coordination, a
disability of aging, or any other disability that significantly reduces mobility, flexibility,
coordination, or perceptiveness.
new text end
Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
"Remodeling" means deliberate reconstruction of an existing
public building in whole or in part in order to bring it deleted text begin up to date indeleted text end new text begin intonew text end conformity with
present uses of the structure and to which other rules on the upgrading of health and
safety provisions are applicable.
Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
"State licensed deleted text begin facilitiesdeleted text end new text begin facilitynew text end " means
a building and its grounds that are licensed by the state as a hospital, nursing home,
supervised living facility, free-standing outpatient surgical center, deleted text begin ordeleted text end correctional facilitynew text begin ,
boarding care home, or residential hospicenew text end .
Minnesota Statutes 2006, section 16B.61, is amended to read:
Subject to sections 16B.59 to 16B.75, the
commissioner shall by rule new text begin and in consultation with the Construction Codes Advisory
Council new text end establish a code of standards for the construction, reconstruction, alteration, and
repair of buildings, governing matters of structural materials, design and construction,
fire protection, health, sanitation, and safety, including design and construction standards
regarding heat loss control, illumination, and climate control. The code must also include
duties and responsibilities for code administration, including procedures for administrative
action, penalties, and suspension and revocation of certification. The code must conform
insofar as practicable to model building codes generally accepted and in use throughout
the United States, including a code for building conservation. In the preparation of the
code, consideration must be given to the existing statewide specialty codes presently in
use in the state. Model codes with necessary modifications and statewide specialty codes
may be adopted by reference. The code must be based on the application of scientific
principles, approved tests, and professional judgment. To the extent possible, the code
must be adopted in terms of desired results instead of the means of achieving those results,
avoiding wherever possible the incorporation of specifications of particular methods or
materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 16B.59 to 16B.75, the commissioner shall
administer and enforce the provisions of those sections.
The commissioner shall develop rules addressing the plan review fee assessed
to similar buildings without significant modifications including provisions for use of
building systems as specified in the industrial/modular program specified in section
16B.75. Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.
The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall establish appropriate permit,
plan review, deleted text begin anddeleted text end inspection feesnew text begin , and surchargesnew text end for public buildings and state licensed
facilities. deleted text begin Fees and surcharges for public buildings and state licensed facilities must be
remitted to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund.
deleted text end
Municipalities other than the state having an agreement with the commissioner
for code administration and enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including surcharge, to be paid directly to the
jurisdiction by the applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner shall sign an agreement with a municipality other than
the state for plan review, code administration, and code enforcement service for public
buildings and state licensed facilities in the jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to provide those services
and if the commissioner determines that the municipality has enough adequately trained
and qualified building inspectors to provide those services for the construction project.
The commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other activities related
to building codes.
Administration and enforcement in a municipality under this section must apply
any optional provisions of the State Building Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state building official
within 30 days of its adoption.
The commissioner shall administer and enforce the provisions of the code relating to
elevators statewide, except as provided for under section 16B.747, subdivision 3.
Under the direction and supervision of
the commissioner, the provisions of the code relating to electrical installations deleted text begin shall be
enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,
the provisions relating todeleted text end new text begin ,new text end plumbing deleted text begin shall be enforced by the commissioner of health,
the provisions relating todeleted text end new text begin , boilers,new text end high pressure steam piping and appurtenances, new text begin and
new text end ammonia new text begin refrigeration new text end pipingdeleted text begin , and bioprocess pipingdeleted text end shall be enforced by the Department
of Labor and Industry. Fees for inspections conducted by the deleted text begin State Board of Electricitydeleted text end new text begin
commissionernew text end shall be paid in accordance with the rules of the deleted text begin State Board of Electricitydeleted text end new text begin
departmentnew text end . Under direction of the commissioner of public safety, the state fire marshal
shall enforce the State Fire Code as provided in chapter 299F. The commissionerdeleted text begin , in
consultation with the commissioner of labor and industry,deleted text end shall adopt amendments to the
mechanical code portion of the State Building Code to implement standards for process
piping.
(a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in accordance with the
code include an appropriate number of spaces suitable for the parking of motor vehicles
having a capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit authority.
(b) Smoke detection devices. The code must require that all dwellings, lodging
houses, apartment houses, and hotels as defined in section 299F.362 comply with the
provisions of section 299F.362.
(c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in a nursing
home or hospital with an approved complete standard automatic fire extinguishing system
be constructed or maintained as self-closing or automatically closing.
(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground
level exit when the center has more than two stairways to the ground level and its exit.
deleted text begin (e)deleted text end deleted text begin Child care facilities in churches; vertical access.deleted text end deleted text begin Until August 1, 1996, an
organization providing child care in an existing church building which is exempt from
taxation under section 272.02, subdivision 6, shall have five years from the date of initial
licensure under chapter 245A to provide interior vertical access, such as an elevator, to
persons with disabilities as required by the State Building Code. To obtain the extension,
the organization providing child care must secure a $2,500 performance bond with the
commissioner of human services to ensure that interior vertical access is achieved by the
agreed upon date.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of deleted text begin Group R-3 occupancies indeleted text end new text begin dwellings
constructed in accordance with the International Residential Code as adopted as part ofnew text end the
State Building Code applies to family and group family day care homes licensed by the
Department of Human Services under Minnesota Rules, chapter 9502.
deleted text begin (g)deleted text end new text begin (f)new text end Enclosed stairways. No provision of the code or any appendix chapter of
the code may require stairways of existing multiple dwelling buildings of two stories or
less to be enclosed.
deleted text begin (h)deleted text end new text begin (g)new text end Double cylinder dead bolt locks. No provision of the code or appendix
chapter of the code may prohibit double cylinder dead bolt locks in existing single-family
homes, townhouses, and first floor duplexes used exclusively as a residential dwelling.
Any recommendation or promotion of double cylinder dead bolt locks must include a
warning about their potential fire danger and procedures to minimize the danger.
deleted text begin (i)deleted text end new text begin (h)new text end Relocated residential buildings. A residential building relocated within
or into a political subdivision of the state need not comply with the State Energy Code
or section 326.371 provided that, where available, an energy audit is conducted on the
relocated building.
deleted text begin (j)deleted text end new text begin (i)new text end Automatic garage door opening systems. The code must require all
residential buildings as defined in section 325F.82 to comply with the provisions of
sections 325F.82 and 325F.83.
deleted text begin (k)deleted text end new text begin (j)new text end Exit sign illumination. For a new building on which construction is begun
on or after October 1, 1993, or an existing building on which remodeling affecting 50
percent or more of the enclosed space is begun on or after October 1, 1993, the code must
prohibit the use of internally illuminated exit signs whose electrical consumption during
nonemergency operation exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.
deleted text begin (l)deleted text end new text begin (k)new text end Exterior wood decks, patios, and balconies. The code must permit the
decking surface and upper portions of exterior wood decks, patios, and balconies to be
constructed of (1) heartwood from species of wood having natural resistance to decay or
termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
species of wood having natural resistance to decay or termites, including redwood and
cedars, or (3) treated wood. The species and grades of wood products used to construct the
decking surface and upper portions of exterior decks, patios, and balconies must be made
available to the building official on request before final construction approval.
deleted text begin (m)deleted text end new text begin (l)new text end Bioprocess piping and equipment. No permit fee for bioprocess piping may
be imposed by municipalities under the State Building Code, except as required under
section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section
326.47 administered by the Department of Labor and Industry. All data regarding the
material production processes, including the bioprocess system's structural design and
layout, are nonpublic data as provided by section 13.7911.
The code must require suitable space for the separation,
collection, and temporary storage of recyclable materials within or adjacent to new or
significantly remodeled structures that contain 1,000 square feet or more. Residential
structures with fewer than four dwelling units are exempt from this subdivision.
Construction or remodeling may not begin on any public building or state licensed facility
until the plans and specifications have been approved by the commissioner or municipality
under contractual agreement pursuant to subdivision 1a. The plans and specifications must
be submitted for review, and within 30 days after receipt of the plans and specifications,
the commissioner or municipality under contractual agreement shall notify the submitting
authority of any corrections.
(a) Public buildings. The code must provide for making
public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
deleted text begin physically disableddeleted text end personsnew text begin with disabilitiesnew text end , although this does not require the remodeling
of public buildings solely to provide accessibility and usability to deleted text begin the physically disableddeleted text end new text begin
persons with disabilitiesnew text end when remodeling would not otherwise be undertaken.
(b) Leased space. No agency of the state may lease space for agency operations
in a non-state-owned building unless the building satisfies the requirements of the State
Building Code for accessibility by deleted text begin the physically disableddeleted text end new text begin persons with disabilitiesnew text end , or
is eligible to display the state symbol of accessibility. This limitation applies to leases
of 30 days or more for space of at least 1,000 square feet.
(c) Meetings or conferences. Meetings or conferences for the public or for state
employees which are sponsored in whole or in part by a state agency must be held in
buildings that meet the State Building Code requirements relating to accessibility for
deleted text begin physically disableddeleted text end personsnew text begin with disabilitiesnew text end . This subdivision does not apply to any
classes, seminars, or training programs offered by the Minnesota State Colleges and
Universities or the University of Minnesota. Meetings or conferences intended for specific
individuals none of whom need the accessibility features for deleted text begin disableddeleted text end personsnew text begin with
disabilitiesnew text end specified in the State Building Code need not comply with this subdivision
unless a deleted text begin disableddeleted text end personnew text begin with a disabilitynew text end gives reasonable advance notice of an intent to
attend the meeting or conference. When sign language interpreters will be provided,
meetings or conference sites must be chosen which allow hearing impaired participants to
see their signing clearly.
(d) Exemptions. The commissioner may grant an exemption from the requirements
of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable
efforts were made to secure facilities which complied with those requirements and if the
selected facilities are the best available for access for deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end .
Exemptions shall be granted using criteria developed by the commissioner in consultation
with the Council on Disability.
(e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
International's Eleventh World Congress is the state symbol indicating buildings, facilities,
and grounds which are accessible to and usable by deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end . In
the interests of uniformity, this symbol is the sole symbol for display in or on all public
or private buildings, facilities, and grounds which qualify for its use. The secretary of
state shall obtain the symbol and keep it on file. No building, facility, or grounds may
display the symbol unless it is in compliance with the rules adopted by the commissioner
under subdivision 1. Before any rules are proposed for adoption under this paragraph,
the commissioner shall consult with the Council on Disability. Rules adopted under this
paragraph must be enforced in the same way as other accessibility rules of the State
Building Code.
(f) Municipal enforcement. Municipalities which have not adopted the State
Building Code may enforce the building code requirements for deleted text begin disableddeleted text end personsnew text begin with
disabilitiesnew text end by either entering into a joint powers agreement for enforcement with another
municipality which has adopted the State Building Code; or contracting for enforcement
with an individual certified under section 16B.65, subdivision 3, to enforce the State
Building Code.
deleted text begin (g)deleted text end deleted text begin Equipment allowed.deleted text end deleted text begin The code must allow the use of vertical wheelchair lifts
and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair
lift must be equipped with light or sound signaling device for use during operation of the
lift. The stairway or ramp shall be marked in a bright color that clearly indicates the
outside edge of the lift when in operation. The code shall not require a guardrail between
the lift and the stairway or ramp. Compliance with this provision by itself does not mean
other disability accessibility requirements have been met.
deleted text end
The code must provide for building new low-income
housing in accordance with energy efficiency standards adopted under subdivision 1.
For purposes of this subdivision, low-income housing means residential housing built
for low-income persons and families under a program of a housing and redevelopment
authority, the Minnesota Housing Finance Agency, or another entity receiving money
from the state to construct such housing.
All rooms in the State Office Building
and in the Capitol that are used by the house of representatives or the senate for legislative
hearings, and the public galleries overlooking the house and senate chambers, must
be fitted with assistive listening devices for the hearing-impaired. Each hearing room
and the public galleries must have a sufficient number of receivers available so that
hearing-impaired members of the public may participate in the committee hearings and
public sessions of the house and senate.
The standards concerning heat
loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
that electrical service to individual dwelling units in buildings containing two or more
units be separately metered, with individual metering readily accessible to the individual
occupants. The standards authorized by this subdivision shall only apply to buildings
constructed after the effective date of the amended standards. Buildings intended for
occupancy primarily by persons who are 62 years of age or older or disabled, or which
contain a majority of units not equipped with complete kitchen facilities, shall be exempt
from the provisions of this subdivision.
Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
The commissioner deleted text begin of administrationdeleted text end shall adopt rules to implement
this section. The rules may provide for a greater ratio of women's to men's facilities
for certain types of occupancies than is required in subdivision 3, and may apply the
required ratios to categories of occupancies other than those defined as places of public
accommodation under subdivision 1.
Minnesota Statutes 2006, section 16B.617, is amended to read:
(a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
7670, does not expire on April 15, 2000, but remains in effect for residential buildings not
covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter
7670, that apply to category 1 buildings govern new, detached single one- and two-family
R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application
for a building permit after April 14, 2000, must meet the requirements for category 1
buildings, as set out in Minnesota Rules, chapter 7670.
(b) As an alternative to compliance with paragraph (a), compliance with Minnesota
Rules, chapters 7672 and 7674, is optional for a contractor or owner.
deleted text begin
(c) The Department of Administration, Building Codes and Standards Division
(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost
benefit, as well as air quality, building durability, moisture, enforcement, enforceability,
and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and
7674. The report must include a feasibility study of establishing new criteria for category
2 detached single one- and two-family R-3 occupancy buildings that are energy efficient,
enforceable, and provide sufficient nonmechanical ventilation or permeability for a home
to maintain good air quality, building durability, and adequate release of moisture.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end This section expires when the commissioner deleted text begin of deleted text end deleted text begin administrationdeleted text end adopts a new
energy code in accordance with Laws 2002, chapter 317, section 4.
Minnesota Statutes 2006, section 16B.6175, is amended to read:
Notwithstanding section 16B.617, the commissioner deleted text begin of administrationdeleted text end , in
consultation with the Construction Codes Advisory Council, shall explore and review the
availability and appropriateness of any model energy codes related to the construction
of single one- and two-family residential buildings. In consultation with the council, the
commissioner shall take steps to adopt the chosen code with all necessary and appropriate
amendments.
The commissioner may not adopt all or part of a model energy code relating to
the construction of residential buildings without research and analysis that addresses,
at a minimum, air quality, building durability, moisture, enforcement, enforceability
cost benefit, and liability. The research and analysis must be completed in cooperation
with practitioners in residential construction and building science and an affirmative
recommendation by the Construction Codes Advisory Council.
Minnesota Statutes 2006, section 16B.63, is amended to read:
The commissioner shall appoint a state building
official who under the direction and supervision of the commissioner shall administer
the code.
To be eligible for appointment as state building official an
individual must be competent in the field of administration and shall have the experience
in building design, construction, and supervision which the commissioner considers
necessary.
The state building official may, with the approval of
the commissioner, employ personnel necessary to carry out the inspector's function under
sections 16B.59 to 16B.75. The state building official shall distribute without charge
deleted text begin one copydeleted text end new text begin a printed or electronic versionnew text end of the code to each municipality within the state.
deleted text begin Additional copiesdeleted text end new text begin A printed or electronic version of the codenew text end shall be made available
to municipalities and interested parties for a fee prescribed by the commissioner. The
state building official shall perform other duties in administering the code assigned by
the commissioner.
The state building official shall, with the
approval of the commissioner, assign three department employees to assist municipalities
in complying with section 16B.61, subdivision 5.
To achieve uniform and consistent application
of the State Building Code, the deleted text begin state building officialdeleted text end new text begin commissionernew text end has final interpretative
authority applicable to all codes adopted as part of the State Building Code except for the
Plumbing Code and the Electrical Code deleted text begin when enforced by the State Board of Electricitydeleted text end .
A final interpretative committee composed of seven members, consisting of three
building officials, two inspectors from the affected field, and two construction industry
representatives, shall review requests for final interpretations relating to that fielddeleted text begin . A
requestdeleted text end new text begin for which the commissioner has final interpretative authority. The Plumbing Board
has final interpretative authority applicable to the State Plumbing Code and shall review
requests for final interpretation made to the board that relate to the State Plumbing Code.
The Board of Electricity has final interpretative authority applicable to the State Electrical
Code and shall review requests for final interpretation made to the board that relate to the
State Electrical Code. The Board of High Pressure Piping Systems has final interpretative
authority applicable to the State High Pressure Piping Code and shall review requests
for final interpretation made to the board that relate to the State High Pressure Piping
Code. Except for requests for final interpretations that relate to the State Plumbing Code,
the State Electrical Code, and the State High Pressure Piping Code, requests new text end for final
interpretation must come from a local or state level building code board of appeals. The
deleted text begin state building officialdeleted text end new text begin commissionernew text end must establish procedures for membership of the new text begin final
new text end interpretative committees. The appropriate committee shall review the request and make
a recommendation to the deleted text begin state building officialdeleted text end new text begin commissionernew text end for the final interpretation
within 30 days of the request. The deleted text begin state building officialdeleted text end new text begin commissionernew text end must issue deleted text begin andeleted text end new text begin finalnew text end
interpretation within ten business days deleted text begin fromdeleted text end new text begin after the receipt of new text end the recommendation from
the deleted text begin reviewdeleted text end new text begin final interpretivenew text end committee. deleted text begin Adeleted text end new text begin The Plumbing Board, the Board of Electricity,
or the Board of High Pressure Piping Systems shall review a request and issue a final
interpretation within 30 days of the request. Any person aggrieved by anew text end final interpretation
may deleted text begin be appealeddeleted text end new text begin appeal the interpretation new text end within 30 days of its issuance deleted text begin todeleted text end new text begin bynew text end the
commissioner deleted text begin under section 16B.67deleted text end new text begin or the board in accordance with chapter 14new text end . The
final interpretation must be published within ten business days of its issuance and made
available to the public. Municipal building officials shall administer all final interpretations
issued by the deleted text begin state building officialdeleted text end new text begin commissioner, the Plumbing Board, the Board of
Electricity, or the Board of High Pressure Piping Systemsnew text end until the final interpretations
are considered new text begin by the commissioner, the Plumbing Board, the Board of Electricity, or the
Board of High Pressure Piping Systems new text end for adoption as part of the State Building Codenew text begin ,
State Plumbing Code, State Electrical Code, and the State High Pressure Piping Codenew text end .
Minnesota Statutes 2006, section 16B.64, is amended by adding a subdivision
to read:
new text begin
A rule to adopt or amend the state's building code
is effective 180 days after the filing of the rule with the secretary of state under section
14.16 or 14.26. The rule may provide for a different effective date if the commissioner or
board proposing the rule finds that a different effective date is necessary to protect public
health and safety after considering, among other things, the need for time for training of
individuals to comply with and enforce the rule.
new text end
Minnesota Statutes 2006, section 16B.65, is amended to read:
deleted text begin By January 1, 2002,deleted text end Each municipality shall designate
a building official to administer the code. A municipality may designate no more than one
building official responsible for code administration defined by each certification category
established in rule. Two or more municipalities may combine in the designation of a
building official for the purpose of administering the provisions of the code within their
communities. In those municipalities for which no building officials have been designated,
the state building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or permanent
designation. All costs incurred by virtue of these services rendered by state employees
must be borne by the involved municipality and receipts arising from these services must
be paid deleted text begin into the state treasury and credited to the special revenue funddeleted text end new text begin to the commissionernew text end .
A building official, to be eligible for designation, must
be certified and have the experience in design, construction, and supervision which
the commissioner deems necessary and must be generally informed on the quality and
strength of building materials, accepted building construction requirements, and the nature
of equipment and needs conducive to the safety, comfort, and convenience of building
occupants. No person may be designated as a building official for a municipality unless
the commissioner determines that the official is qualified as provided in subdivision 3.
The commissioner shallnew text begin by rule establish certification
criteria as proof of qualification pursuant to subdivision 2. The commissioner maynew text end :
(1) deleted text begin prepare and conductdeleted text end new text begin develop and administernew text end written and practical examinations
to determine if a person is qualified pursuant to subdivision 2 to be a building official;
(2) accept documentation of successful completion of testing programs developed
new text begin and administered new text end by nationally recognized testing agencies, as proof of qualification
pursuant to subdivision 2; or
(3) determine qualifications by deleted text begin both clauses (1) and (2)deleted text end new text begin satisfactory completion of
clause (2) and a mandatory training program developed or approved by the commissionernew text end .
Upon a determination of qualification under clause (1), (2), or deleted text begin both of themdeleted text end new text begin (3)new text end ,
the commissioner shall issue a certificate to the building official stating that the official
is certified. Each person applying for examination and certification pursuant to this
section shall pay a nonrefundable fee of $70. The commissioner or a designee may
establish categories of certification that will recognize the varying complexities of code
enforcement in the municipalities within the state. The commissioner shall provide
educational programs designed to train and assist building officials in carrying out their
responsibilities.
deleted text begin
The Department of Employee Relations may, at the request of the commissioner,
provide statewide testing services.
deleted text end
Building officials shall, in the municipality for which they
are designated, be responsible for all aspects of code administration for which they
are certified, including the issuance of all building permits and the inspection of all
manufactured home installations. The commissioner may direct a municipality with
a building official to perform services for another municipality, and in that event the
municipality being served shall pay the municipality rendering the services the reasonable
costs of the services. The costs may be subject to approval by the commissioner.
(a) The commissioner shall establish a Code
Administration Oversight Committee deleted text begin to evaluate, mediate, anddeleted text end new text begin that will, at the
commissioner's request,new text end recommend to the commissioner deleted text begin any administrative action,
penalty, suspension, or revocation with respectdeleted text end new text begin appropriate action pursuant to section
326B.82, in responsenew text end to deleted text begin complaints filed with ordeleted text end information received new text begin or obtained new text end by the
commissioner deleted text begin alleging or indicating deleted text end new text begin that supports a finding that: (1) an individual has
engaged in, or is about to engage in, new text end the unauthorized performance of deleted text begin officialdeleted text end new text begin thenew text end duties
new text begin of a certified building official new text end or new text begin the new text end unauthorized use of the deleted text begin titledeleted text end certified building officialdeleted text begin ,deleted text end
new text begin title; new text end or deleted text begin a violation ofdeleted text end new text begin (2) a certified building official has violated a new text end statute, rule, new text begin stipulation,
agreement, settlement, compliance agreement, cease and desist agreement, new text end or order that
the commissioner has new text begin adopted, new text end issuednew text begin ,new text end or deleted text begin is empowereddeleted text end new text begin has the authoritynew text end to enforcenew text begin and
that is related to the duties of a certified building officialnew text end .
new text begin (b) new text end The committee deleted text begin consistsdeleted text end new text begin shall consistnew text end of new text begin six members. One member shall be the
commissioner's designee and new text end five new text begin members shall be new text end certified building officialsdeleted text begin ,deleted text end new text begin who are
appointed by the commissioner. new text end At least two of deleted text begin whomdeleted text end new text begin the appointed certified building
officials new text end must be from nonmetropolitan counties. new text begin For the new text end committee members deleted text begin must be
compensated according todeleted text end new text begin who are not state officials or employees, their compensation
and removal from the oversight committee is governed by new text end section 15.059deleted text begin , subdivision 3deleted text end .
The commissioner's designee shall deleted text begin act as an ex-officio member of the oversight committeedeleted text end new text begin
serve as the chair of the oversight committee and shall not votenew text end . new text begin The terms of the appointed
members of the oversight committee shall be four years. The terms of three of the
appointed members shall be coterminous with the governor and the terms of the remaining
two appointed members shall end on the first Monday in January one year after the terms
of the other appointed members expire. An appointed member may be reappointed. The
committee is not subject to the expiration provisions of section 15.059, subdivision 5.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end If the commissioner deleted text begin has a reasonable basis to believedeleted text end new text begin determinesnew text end that
deleted text begin a persondeleted text end new text begin an individualnew text end has engaged in deleted text begin an act or practice constitutingdeleted text end the unauthorized
performance of deleted text begin officialdeleted text end new text begin thenew text end dutiesdeleted text begin ,deleted text end new text begin of a certified building official ornew text end the unauthorized use
of the deleted text begin titledeleted text end certified building officialnew text begin titlenew text end , or new text begin that new text end a deleted text begin violation ofdeleted text end new text begin certified building official
has violatednew text end a statute, rule, new text begin stipulation, agreement, settlement, compliance agreement,
cease and desist agreement, new text end or order that the commissioner has new text begin adopted, new text end issuednew text begin ,new text end or is
deleted text begin empowereddeleted text end new text begin authorizednew text end to enforcenew text begin that is related to the duties of a certified building officialnew text end ,
the commissioner may deleted text begin proceed withdeleted text end new text begin takenew text end administrative actions deleted text begin or penalties as described
in subdivision 5a or suspension or revocation as described in subdivision 5b.deleted text end new text begin against the
individual pursuant to section 326B.082, subdivisions 7 and 11.
new text end
deleted text begin
The commissioner shall, by rule,
establish a graduated schedule of administrative actions for violations of sections
to and rules adopted under those sections. The schedule must be based on and
reflect the culpability, frequency, and severity of the violator's actions. The commissioner
may impose a penalty from the schedule on a certification holder for a violation of sections
to and rules adopted under those sections. The penalty is in addition to
any criminal penalty imposed for the same violation. Administrative monetary penalties
imposed by the commissioner must be paid to the special revenue fund.
deleted text end
deleted text begin
Except as otherwise provided for by
law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue
or reissue a building official certification if the applicant, building official, or certification
holder:
deleted text end
new text begin
In addition to the grounds set forth in section 326B.082, subdivision 11, the
commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or
may censure an applicant or individual holding a certificate, if the applicant or individual:
new text end
(1) violates a provision of sections 16B.59 to 16B.75 or a rule adopted under those
sections; new text begin or
new text end
(2) engages in fraud, deceit, or misrepresentation while performing the duties of a
certified building officialdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(3) makes a false statement in an application submitted to the commissioner or in a
document required to be submitted to the commissioner; or
deleted text end
deleted text begin
(4) violates an order of the commissioner.
deleted text end
deleted text begin Notice must be provided and the hearing conducted in accordance with the provisions
of chapter 14 governing contested case proceedings.deleted text end Nothing in this subdivision limits or
otherwise affects the authority of a municipality to dismiss or suspend a building official
at its discretion, except as otherwise provided for by law.
new text begin
The commissioner may take any
administrative action provided under section 326B.082, against an individual required
to be certified under subdivision 3, based upon conduct that would provide grounds for
action against a certificate holder under this section.
new text end
In the event that a designated building official position is
vacant within a municipality, that municipality shall designate a certified building official
to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
or designation in writing within 15 days. If the municipality fails to designate a certified
building official within 15 days of the occurrence of the vacancy, the state building official
may provide state employees to serve that function as provided in subdivision 1 until the
municipality makes a temporary or permanent designation. Municipalities must not issue
permits without a designated certified building official.
Subject to sections 16B.59 to 16B.75, the
commissioner may by rule establish or approve continuing education programs for
deleted text begin municipaldeleted text end new text begin certifiednew text end building officials dealing with matters of building code administration,
inspection, and enforcement.
Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the commissioner deleted text begin every
three calendar yearsdeleted text end to retain certification.
deleted text begin
Each person certified as a building official must submit in writing to the
commissioner an application for renewal of certification within 60 days of the last day of
the third calendar year following the last certificate issued. Each application for renewal
must be accompanied by proof of satisfactory completion of minimum continuing
education requirements and the certification renewal fee established by the commissioner.
deleted text end
new text begin
(a) Subject to sections 16B.59 to 16B.76, the commissioner of
labor and industry may by rule adopt standards dealing with renewal requirements.
new text end
new text begin
(b) If the commissioner has not issued a notice of denial of application for a
certificate holder and if the certificate holder has properly and timely filed a fully completed
renewal application, then the certificate holder may continue to engage in building official
activities whether or not the renewed certificate has been received. Applications must be
made on a form approved by the commissioner. Each application for renewal must be
fully completed, and be accompanied by proof of the satisfactory completion of minimum
continuing education requirements and the certification renewal fee established by the
commissioner. Applications are timely if received prior to the expiration of the most
recently issued certificate. An application for renewal that does not contain all of the
information requested is an incomplete application and will not be accepted.
new text end
new text begin
All certificates expire at 11:59:59 p.m. central time on the
date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
new text end
new text begin
An individual who has failed to make a timely
application for renewal of a certificate is not certified and must not serve as the designated
building official for any municipality until a renewed certificate has been issued by the
commissioner.
new text end
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 16B.70, is amended to read:
To defray the costs of administering sections
16B.59 to 16B.76, a surcharge is imposed on all permits issued by municipalities in
connection with the construction of or addition or alteration to buildings and equipment or
appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
receipts to award grants for code research and development and education.
If the fee for the permit issued is fixed in amount the surcharge is equivalent to
one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
permits, the surcharge is as follows:
(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
or alteration;
(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
mill (.0004) of the value between $1,000,000 and $2,000,000;
(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
mill (.0003) of the value between $2,000,000 and $3,000,000;
(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
mill (.0002) of the value between $3,000,000 and $4,000,000;
(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
mill (.0001) of the value between $4,000,000 and $5,000,000; and
(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
mill (.00005) of the value that exceeds $5,000,000.
All permit surcharges must be collected by each
municipality and a portion of them remitted to the state. Each municipality having a
population greater than 20,000 people shall prepare and submit to the commissioner once
a month a report of fees and surcharges on fees collected during the previous month
but shall retain the greater of two percent or that amount collected up to $25 to apply
against the administrative expenses the municipality incurs in collecting the surcharges.
All other municipalities shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount collected up to $25 to apply
against the administrative expenses the municipalities incur in collecting the surcharges.
The report, which must be in a form prescribed by the commissioner, must be submitted
together with a remittance covering the surcharges collected by the 15th day following
the month or quarter in which the surcharges are collected. deleted text begin All money collected by the
commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75
shall be deposited in the state government special revenue fund and is appropriated to the
commissioner for the purpose of administering and enforcing the State Building Code
under sections 16B.59 to 16B.75.deleted text end
Revenue received from the surcharge imposed
in subdivision 1 should approximately equal the cost, including the overhead cost, of
administering sections 16B.59 to 16B.75. By November 30 each year, the commissioner
must report to the commissioner of finance and to the legislature on changes in the
surcharge imposed in subdivision 1 needed to comply with this policy. In making this
report, the commissioner must assume that the services associated with administering
sections 16B.59 to 16B.75 will continue to be provided at the same level provided during
the fiscal year in which the report is made.
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 16B.72, is amended to read:
Notwithstanding any other provision of law to the contrary, a county that is not a
metropolitan county as defined by section 473.121, subdivision 4, may provide, by a vote
of the majority of its electors residing outside of municipalities that have adopted the State
Building Code before January 1, 1977, that no part of the State Building Code except the
building requirements for deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end , the requirements for bleacher
safety, and the requirements for elevator safety applies within its jurisdiction.
The county board may submit to the voters at a regular or special election the
question of adopting the building code. The county board shall submit the question to
the voters if it receives a petition for the question signed by a number of voters equal
to at least five percent of those voting in the last general election. The question on the
ballot must be stated substantially as follows:
"Shall the State Building Code be adopted in .......... County?"
If the majority of the votes cast on the proposition is in the negative, the State
Building Code does not apply in the subject county, outside home rule charter or statutory
cities or towns that adopted the building code before January 1, 1977, except the building
requirements for deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end , the requirements for bleacher safety,
and the requirements for elevator safety do apply.
Nothing in this section precludes a municipality or town that has not adopted the
State Building Code from adopting and enforcing by ordinance or other legal means the
State Building Code within its jurisdiction.
Minnesota Statutes 2006, section 16B.73, is amended to read:
The governing body of a municipality whose population is less than 2,500 may
provide that the State Building Code, except the requirements for deleted text begin disableddeleted text end personsnew text begin with
disabilitiesnew text end , the requirements for bleacher safety, and the requirements for elevator
safety, will not apply within the jurisdiction of the municipality, if the municipality is
located in whole or in part within a county exempted from its application under section
16B.72. If more than one municipality has jurisdiction over an area, the State Building
Code continues to apply unless all municipalities having jurisdiction over the area have
provided that the State Building Code, except the requirements for deleted text begin disableddeleted text end personsnew text begin with
disabilitiesnew text end , the requirements for bleacher safety, and the requirements for elevator safety,
does not apply within their respective jurisdictions. Nothing in this section precludes a
municipality or town from adopting and enforcing by ordinance or other legal means the
State Building Code within its jurisdiction.
Minnesota Statutes 2006, section 16B.735, is amended to read:
A statutory or home rule charter city that is not covered by the State Building Code
because of action taken under section 16B.72 or 16B.73 is responsible for enforcement in
the city of the State Building Code's requirements for deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end . In
all other areas where the State Building Code does not apply because of action taken under
section 16B.72 or 16B.73, the county is responsible for enforcement of those requirements.
Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
deleted text begin As used indeleted text end new text begin For the purposes ofnew text end sections new text begin 16B.61,
16B.72, 16B.73, and new text end 16B.74 to the terms deleted text begin "passenger or freight elevator,"
"automatic operation" and "continuous pressure operation"deleted text end new text begin defined in this sectionnew text end shall
have the deleted text begin followingdeleted text end meaningsnew text begin given themnew text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
"Passenger or freight elevator" means
all elevators except those that comply with the safety rules of the department deleted text begin of
Administrationdeleted text end relating to construction and installation and that have automatic operation
or continuous pressure operation.
Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
to read:
new text begin
"Elevator inspection" means an examination of
elevator installations, repairs, alterations, removal, and construction for compliance with
the State Building Code that may include witnessing tests performed on elevators by
elevator personnel, performing tests on elevators, or an audit of records related to routine
and periodic maintenance and testing, or any combination thereof when performed by the
department or a municipality authorized to perform such inspections.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
to read:
new text begin
"Elevator inspector" means an individual who meets
the requirements established pursuant to section 16B.748, clause (1), who is performing
elevator inspections for the department or a municipality authorized to perform such
inspections.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2006, section 16B.741, is amended to read:
A persondeleted text begin , firm, entity, or
corporationdeleted text end that owns or controls a building or other structure housing an elevator that is
subject to inspection by the department, shall, upon request, provide access at a reasonable
hour to the elevator for purposes of inspection.
new text begin
The following persons shall report the
information specified in subdivision 3 to the commissioner by January 1, 2008:
new text end
new text begin
(a) any person that, between August 1, 2005, and July 31, 2007, has provided
service, alteration, repair, or maintenance to any elevator located in Minnesota;
new text end
new text begin
(b) any person that, between August 1, 2005, and July 31, 2007, has entered into an
agreement to provide service, alteration, repair, or maintenance to any elevator located
in Minnesota;
new text end
new text begin
(c) any person that owns or controls an elevator located in Minnesota that, between
August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or
maintenance on the elevator; or
new text end
new text begin
(d) any person that owns or controls an elevator located in Minnesota that, between
August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service,
alteration, repair, or maintenance on the elevator.
new text end
new text begin
On a form prescribed by
the commissioner, the persons required to report pursuant to subdivision 2 shall provide
the following:
new text end
new text begin
(a) the location of each elevator;
new text end
new text begin
(b) the type of each elevator; and
new text end
new text begin
(c) the date the elevator was installed.
new text end
new text begin
As used in this section, "elevator" is as defined in section
16B.74, subdivision 5.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2006, section 16B.744, is amended to read:
It shall be the duty of the department deleted text begin of Administrationdeleted text end and the licensing authority
of any municipality which adopts any such ordinance whenever it finds any such elevator
under its jurisdiction in use in violation of any provision of sections 16B.74 to 16B.745 to
seal the entrances of such elevator and attach a notice forbidding the use of such elevator
until the provisions thereof are complied with.
Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
No person, firm, or corporation may remove any
seal or notice forbidding the use of an elevator, except by authority of the department deleted text begin of
Administrationdeleted text end or the licensing authority having jurisdiction over the elevator, or operate
an elevator after a notice has been attached forbidding its use, unless the notice has been
removed by authority of the department deleted text begin of Administrationdeleted text end or the licensing authority
having jurisdiction over the elevator.
Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
The commissioner deleted text begin of administrationdeleted text end shall administer sections
16B.74 to 16B.749. In addition to the remedies provided for violations of this chapter,
the commissioner may impose a penalty of up to deleted text begin $1,000deleted text end new text begin $10,000new text end for a violation of any
provision of sections 16B.74 to 16B.749.
Minnesota Statutes 2006, section 16B.747, is amended to read:
No persondeleted text begin , firm, or corporationdeleted text end may construct, install, alter,
or remove an elevator without first filing an application for a permit with the department
deleted text begin of Administrationdeleted text end or a municipality authorized by subdivision 3 to inspect elevators.
deleted text begin Upon successfully completing inspection and the payment of the appropriate fee, the
owner must be granted an operating permit for the elevator.
deleted text end
new text begin
No person may operate an elevator without
first obtaining an annual operating permit from the department or a municipality
authorized by subdivision 3 to issue annual operating permits. A $100 annual operating
permit fee must be paid to the department for each annual operating permit issued by the
department, except that the original annual operating permit must be included in the
permit fee for the initial installation of the elevator. Annual operating permits must be
issued at 12-month intervals from the date of the initial annual operating permit. For each
subsequent year, an owner must be granted an annual operating permit for the elevator
upon the owner's or owner's agent's submission of a form prescribed by the commissioner
and payment of the $100 fee. Each form must include the location of the elevator, the
results of any periodic test required by the code, and any other criteria established by rule.
An annual operating permit may be revoked by the commissioner upon an audit of the
periodic testing results submitted with the application or a failure to comply with elevator
code requirements, inspections, or any other law related to elevators.
new text end
The commissioner may establish criteria for the
qualifications of elevator contractors and issue licenses based upon proof of the applicant's
qualifications.
A municipality may conduct a system
of elevator inspection in conformity with this chapter, State Building Code requirements,
and adopted rules that includes the inspection of elevator installation, repair, alteration,
and removal, construction, deleted text begin and thedeleted text end routine and periodic inspection and testing of existing
elevatorsnew text begin , and the issuance of annual operating permitsnew text end . The municipality shall employ
inspectors meeting the minimum requirements established by Minnesota Rules to perform
the inspections and to witness the tests. A municipality may establish and retain its own
fees for inspection of elevators and related devices in its jurisdiction. new text begin A municipality may
establish and retain its own fees for issuance of annual operating permits for elevators
in its jurisdiction. new text end A municipality may not adopt standards that do not conform to the
uniform standards prescribed by the department.
If the commissioner determines that a municipality is not properly administering
and enforcing the law, rules, and codes, the commissioner shall have the inspection,
administration, and enforcement undertaken by a qualified inspector employed by the
department.
deleted text begin
Fees received under this section must be deposited in the
state treasury and credited to the special revenue fund.
deleted text end
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 16B.748, is amended to read:
The commissioner may adopt rules for the following purposes:
(1) to establish minimum qualifications for elevator inspectors that must include
possession of a current elevator constructor electrician's license issued by the deleted text begin State Board
of Electricitydeleted text end new text begin departmentnew text end and proof of successful completion of the national elevator
industry education program examination or equivalent experience;
new text begin
(2) to establish minimum qualifications for limited elevator inspectors;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end to establish criteria for the qualifications of elevator contractors;
deleted text begin (3)deleted text end new text begin (4)new text end to establish elevator standards under sections 16B.61, subdivisions 1 and
2, and 16B.64;
deleted text begin (4)deleted text end new text begin (5)new text end to establish procedures for appeals of decisions of the commissioner under
chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
advice from the elevator trade, building owners or managers, and others knowledgeable in
the installation, construction, and repair of elevators; and
deleted text begin (5)deleted text end new text begin (6)new text end to establish requirements for the registration of all elevators.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2006, section 16B.76, is amended to read:
(a) The Construction Codes Advisory Council
consists of the following members:
(1) the commissioner deleted text begin of administrationdeleted text end or the commissioner's designee representing
the department's deleted text begin Building Codes and Standards deleted text end new text begin Construction Codes and Licensing
new text end Division;
deleted text begin
(2) the commissioner of health or the commissioner's designee representing an
Environmental Health Section of the department;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end the commissioner of public safety or the deleted text begin commissioner'sdeleted text end new text begin commissioner of
public safety'snew text end designee representing the deleted text begin department'sdeleted text end new text begin Department of Public Safety's new text end State
Fire Marshal Division;
deleted text begin
(4) the commissioner of commerce or the commissioner's designee representing
the department's State Energy Office; and
deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end one member deleted text begin representingdeleted text end new text begin , appointed by the commissioner, engaged in new text end each
of the following occupations deleted text begin or entities, appointed by the commissioner of administrationdeleted text end new text begin
or industriesnew text end :
(i) deleted text begin adeleted text end certified building deleted text begin officialdeleted text end new text begin officialsnew text end ;
(ii) deleted text begin adeleted text end fire deleted text begin service representativedeleted text end new text begin chiefs or fire marshalsnew text end ;
(iii) deleted text begin adeleted text end licensed deleted text begin architectdeleted text end new text begin architectsnew text end ;
(iv) deleted text begin adeleted text end licensed deleted text begin engineerdeleted text end new text begin professional engineersnew text end ;
(v) deleted text begin a building owners and managers representativedeleted text end new text begin commercial building owners
and managersnew text end ;
(vi) deleted text begin adeleted text end new text begin thenew text end licensed residential building deleted text begin contractordeleted text end new text begin industrynew text end ;
(vii) deleted text begin adeleted text end new text begin thenew text end commercial building deleted text begin contractordeleted text end new text begin industrynew text end ;
(viii) deleted text begin adeleted text end new text begin thenew text end heating and ventilation deleted text begin contractordeleted text end new text begin industrynew text end ;
(ix) a new text begin member of the new text end Plumbing deleted text begin contractordeleted text end new text begin Boardnew text end ;
(x) a deleted text begin representative of a construction and building trades union; anddeleted text end new text begin member of
the Board of Electricity;
new text end
deleted text begin
(xi) a local unit of government representative.
deleted text end
new text begin
(xi)
new text end
new text begin
a member of the Board of High
Pressure Piping Systems;
new text end
new text begin
(xii) the boiler industry;
new text end
new text begin
(xiii) the manufactured housing industry;
new text end
new text begin
(xiv) public utility suppliers;
new text end
new text begin
(xv) the Minnesota Building and Construction Trades Council; and
new text end
new text begin
(xvi) local units of government.
new text end
(b) new text begin The commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory council.
new text end For members who are not state officials or employees, deleted text begin termsdeleted text end , compensationdeleted text begin ,deleted text end new text begin and new text end removaldeleted text begin ,
and the filling of vacanciesdeleted text end new text begin of members of the advisory councilnew text end are governed by section
15.059. deleted text begin The council shall select one of its members to serve as chair. deleted text end new text begin The terms of the
members of the advisory council shall be four years. The terms of eight of the appointed
members shall be coterminous with the governor and the terms of the remaining nine
appointed members shall end on the first Monday in January one year after the terms of
the other appointed members expire. An appointed member may be reappointed. Each
council member shall appoint an alternate to serve in their absence. The committee is not
subject to the expiration provision of section 15.059, subdivision 5.
new text end
deleted text begin
(c) The council expires June 30, 2003.
deleted text end
The council shall review laws, codes, rules, standards,
and licensing requirements relating to building construction and may:
(1) recommend ways to eliminate inconsistencies, to streamline construction
regulation and construction deleted text begin processesdeleted text end new text begin proceduresnew text end , and to improve procedures within
and among jurisdictions;
(2) review and comment on current and proposed laws and rules to promote
coordination and consistency;
(3) advise agencies on possible changes in rules to make them easier to understand
and apply; and
(4) promote the coordination, within each jurisdiction, of the administration and
enforcement of construction codes.
new text begin The council shall meet a minimum of four times each year. new text end The council shall
report its findings and recommendations to the commissioner deleted text begin of administration and
the head of any other affected agency by the end of each calendar yeardeleted text end . The council
deleted text begin maydeleted text end new text begin shallnew text end recommend changes in laws or rules governing building construction. The
council deleted text begin maydeleted text end new text begin shallnew text end establish subcommittees to facilitate its work. If the council establishes
subcommittees, it shall include in their memberships representation from entities and
organizations expressing an interest in membership. The commissioner deleted text begin of administrationdeleted text end
shall maintain a list of interested entities and organizations.
State agencies and local governmental units shall
cooperate with the council and, so far as possible, provide information or assistance to
it upon its request. The commissioner deleted text begin of administrationdeleted text end shall provide necessary staff
and administrative support to the council.
Minnesota Statutes 2006, section 326.992, is amended to read:
(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for
all work entered into within the state. The bond must be for the benefit of persons suffering
financial loss by reason of the contractor's failure to comply with the requirements of the
State Mechanical Code. A bond given to the state must be filed with the commissioner
deleted text begin of administrationdeleted text end and is in lieu of all other bonds to any political subdivision required for
work covered by this section. The bond must be written by a corporate surety licensed to
do business in the state.
(b) The commissioner deleted text begin of administrationdeleted text end may charge each person giving bond under
this section an annual bond filing fee of $15. deleted text begin The money must be deposited in a special
revenue fund and is appropriated to the commissioner to cover the cost of administering
the bond program.
deleted text end
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
"Authorized representative" means any
person, firm or corporation, or employee thereof, approved or hired by the commissionernew text begin
of labor and industrynew text end to perform inspection services.
Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
"Manufactured Home Building
Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June
15, 1976, the standards code promulgated by the American National Standards Institute
and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971,
or the provisions of the National Fire Protection Association and identified as NFPA 501B,
and further revisions adopted by the commissionernew text begin of labor and industrynew text end .
"Manufactured Home Building Code" means, for manufactured homes constructed
after June 14, 1976, the manufactured home construction and safety standards promulgated
by the United States Department of Housing and Urban Development which are in effect
at the time of the manufactured home's manufacture.
Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
"Commissioner" means the commissioner of
deleted text begin administrationdeleted text end new text begin labor and industrynew text end .
Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision
to read:
new text begin
"Individual" means a human being.
new text end
Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
"Person" means deleted text begin a person, partnership, corporation or other legal
entitydeleted text end new text begin any individual, limited liability company, corporation, partnership, incorporated
or unincorporated association, sole proprietorship, joint stock company, or any other
legal or commercial entitynew text end .
Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
"Purchaser" means the first deleted text begin persondeleted text end new text begin individualnew text end purchasing a
manufactured home in good faith for purposes other than resale.
Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
Each manufacturer, distributor, and dealer
shall establish and maintain records, make reports, and provide information as the
commissioner or the secretary may reasonably require to be able to determine whether
the manufacturer, distributor, or dealer has acted or is acting in compliance with sections
327.31 to 327.35, and shall, upon request of a person duly designated by the commissioner
or the secretary, permit that person to inspect appropriate books, papers, records, and
documents relevant to determining whether that manufacturer, distributor, or dealer
has acted or is acting in compliance with sections 327.31 to 327.35, and the National
Manufactured Home Construction and Safety Standards Act of 1974, United States
Code, title 42, section 5401, et seq., as amendednew text begin by the National Manufactured Housing
Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
Act of 2000new text end , or other applicable federal or state law.
Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
The commissioner shall by rule establish reasonable fees for seals,
installation seals and inspections which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.35. The commissioner shall also establish by
rule a monitoring inspection fee in an amount that will comply with the secretary's fee
distribution program. This monitoring inspection fee shall be an amount paid by the
manufacturer for each manufactured home produced in Minnesota. The monitoring
inspection fee shall be paid by the manufacturer to the secretary. The rules of the
fee distribution program require the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and conditionally approved
based on the number of new manufactured homes whose first location after leaving the
manufacturer is on the premises of a distributor, dealer or purchaser in that state. deleted text begin All
money collected by the commissioner through fees prescribed by sections 327.31 to
327.36 shall be deposited in the state government special revenue fund and is appropriated
to the commissioner for the purpose of administering and enforcing the Manufactured
Home Building Code under sections 327.31 to 327.36.deleted text end
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
The commissioner shall apply to the secretary
for approval of the commissioner as the administrative agency for the regulation of
manufactured homes under the rules of the secretary. The commissioner may make
rules for the administration and enforcement of department responsibilities as a state
administrative agency including, but not limited to, rules for the handling of citizen's
complaints. All money received for services provided by the commissioner or the
department's authorized agents as a state administrative agency shall be deposited in
the deleted text begin generaldeleted text end new text begin construction codenew text end fund. The commissioner is charged with the adoption,
administration, and enforcement of the Manufactured Home Construction and Safety
Standards, consistent with rules and regulations promulgated by the United States
Department of Housing and Urban Development. The commissioner may adopt the
rules, codes, and standards necessary to enforce the standards promulgated under this
section. The commissioner is authorized to conduct hearings and presentations of views
consistent with regulations adopted by the United States Department of Housing and
Urban Development and to adopt rules in order to carry out this function.
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
Manufactured home seals remain the property of
the Department of deleted text begin Administrationdeleted text end new text begin Labor and Industrynew text end and may be removed by the
commissioner from any manufactured home which is in violation of the Manufactured
Home Building Code.
Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
new text begin Notwithstanding the penalty amount of
section 326B.082, subdivisions 7 and 12, new text end any person who violates any provision of this
section is liable to the state of Minnesota for a deleted text begin civildeleted text end new text begin monetary new text end penalty of not to exceed
$1,000 for each deleted text begin offensedeleted text end new text begin violationnew text end . Each violation involving a separate manufactured home
or involving a separate failure or refusal to allow or perform any act required by this
section constitutes a separate deleted text begin offensedeleted text end new text begin violationnew text end , except that the maximum deleted text begin civildeleted text end new text begin monetary
new text end penalties for any related series of violations occurring within one year from the date of the
first violation may not exceed $1,000,000.
Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
Any individual or a director, officer, or agent of a
corporation who knowingly and willfully violates any provision of this section in a manner
which threatens the health or safety of any purchaser shall be deleted text begin fined not more than $3,000
or imprisoned not more than one year, or bothdeleted text end new text begin guilty of a gross misdemeanornew text end .
Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
"Commissioner" means the commissioner of
deleted text begin administrationdeleted text end new text begin labor and industrynew text end .
Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
"Consumer customer" means any deleted text begin natural persondeleted text end new text begin
individualnew text end who, primarily for personal, household or family purposes, buys, sells, or seeks
to buy or sell, a manufactured home from, to or through a dealer or manufacturer.
Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
"Dealer" new text begin or "retailer" new text end means any person who engages
in the business, either exclusively or in addition to any other occupation, of selling or
brokering manufactured homes, new or used, or who offers to sell, solicit, broker or
advertise the sale of manufactured homes, new or used.
Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:
new text begin
"Individual" means a human being.
new text end
Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:
new text begin
"Licensee" means a person who is licensed as a dealer, limited
dealer, or manufacturer by the Department of Labor and Industry.
new text end
Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:
new text begin
"Limited dealer" or "limited
retailer" means any person who is an owner of a manufactured home park authorized, as
principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale
of used manufactured homes located in the owned manufactured home park, who is the
title holder and engages in no more than ten sales annually.
new text end
Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:
new text begin
"Manufacturing facility" means the physical
site where a manufacturer engages in the business of manufacture, assembly, or production
of manufactured homes.
new text end
Minnesota Statutes 2006, section 327B.01, is amended by adding a
subdivision to read:
new text begin
"Owner" means any person holding title to a manufactured
home park or manufactured homes.
new text end
Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
"Person" means any individual, new text begin limited liability company,
new text end corporation, firm, partnership, incorporated and unincorporated association, new text begin sole
proprietorship, joint stock company, new text end or any other legal or commercial entity.
Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
No person
shall act as a dealer in manufactured homes, new or used, without a license deleted text begin anddeleted text end new text begin ,new text end a surety
bondnew text begin , and liability insurancenew text end as provided in this section. No person shall manufacture
manufactured homes without a license deleted text begin anddeleted text end new text begin for each manufacturing facility shipping into or
located within Minnesota's boundaries, new text end a surety bondnew text begin , and liability insurancenew text end as provided
in this section. The licensing and bonding requirements of this section do not apply to
any bank, savings bank, savings association, or credit union, chartered by either this state
or the federal government, which acts as a dealer only by repossessing manufactured
homes and then offering the homes for resale.
Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
No application shall be granted nor license issued
until the applicant proves to the commissioner that:
(a) the applicant has a permanent, established place of business at each licensed
location. An "established place of business" means a permanent enclosed building other
than a residence, or a commercial office space, either owned by the applicant or leased by
the applicant for a term of at least one year, located in an area where zoning regulations
allow commercial activity, and where the books, records and files necessary to conduct
the business are kept and maintained. The owner of a licensed manufactured home park
who resides in or adjacent to the park may use the residence as the established place of
business required by this subdivision, unless prohibited by local zoning ordinance.
If a license is granted, the licensee may use unimproved lots and premises for sale,
storage, and display of manufactured homes, if the licensee first notifies the commissioner
in writing;
(b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
of the new manufactured home it proposes to deal in;
(c) the applicant has securednew text begin : (1)new text end a surety bond in the amount of $20,000 new text begin for the
agency and each subagency location that bears the applicant's name and the name under
which the applicant will be licensed and do business in this state. Each bond is new text end for the
protection of consumer customers, new text begin and must be new text end executed by the applicant as principal and
issued by a surety company admitted to do business in this state. deleted text begin Thedeleted text end new text begin Each new text end bond shall be
exclusively for the purpose of reimbursing consumer customers and shall be conditioned
upon the faithful compliance by the applicant with all of the laws and rules of this state
pertaining to the applicant's business as a dealer or manufacturer, including sections
325D.44, 325F.67 and 325F.69, and upon the applicant's faithful performance of all its
legal obligations to consumer customers; new text begin and (2) a certificate of liability insurance in the
amount of $1,000,000 that provides coverage for the agency and each subagency location;
new text end
(d) the applicant has established a trust account as required by section 327B.08,
subdivision 3, unless the applicant states in writing its intention to limit its business to
selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
(e) the applicant has provided evidence of having had at least two years' prior
experience in the sale of manufactured homes, working for a licensed dealer.
Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
For each license granted the commissioner shall
issue a certificate which includes the name of the licensee, the name of the surety company
and the amount of the surety bond, new text begin and the insurance underwriter and policy number, new text end the
names and addresses of any related principal or subagencies, and a license number.
Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
Each application for a license or license
renewal must be accompanied by a fee in an amount established by the commissioner
by rule pursuant to section 327B.10. The fees shall be set in an amount which over
the fiscal biennium will produce revenues approximately equal to the expenses which
the commissioner expects to incur during that fiscal biennium while administering and
enforcing sections 327B.01 to 327B.12. deleted text begin All money collected by the commissioner
through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for purposes of
administering and enforcing the provisions of this chapter.deleted text end The commissioner shall grant
or deny a license application or a renewal application within 60 days of its filing. If the
license is granted, the commissioner shall license the applicant as a dealer or manufacturer
for the remainder of the calendar year. Upon application by the licensee, the commissioner
shall renew the license for a two year period, if:
(a) the renewal application satisfies the requirements of subdivisions 3 and 4;
(b) the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding year; and
(c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
327B.12 and all taxes, arrearages, and penalties owed to the state.
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
The commissioner shall issue a limited dealer's
license to an owner of a manufactured home park authorizing the licensee as principal
only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
manufactured homes located in the owned manufactured home park. The licensee must
be the title holder of the homes and may engage in no more than ten sales annually. An
owner may, upon payment of the applicable fee and compliance with this subdivision,
obtain a separate license for each owned manufactured home park and is entitled to sell up
to ten homes per license provided that only one limited dealer license may be issued for
each park. The license shall be issued after:
(1) receipt of an application on forms provided by the commissioner containing
the following information:
(i) the identity of the applicant;
(ii) the name under which the applicant will be licensed and do business in this state;
(iii) the name and address of the owned manufactured home park, including a copy
of the park license, serving as the basis for the issuance of the license; deleted text begin and
deleted text end
(iv) the name, home, and business address of the applicant;
new text begin
(v) the name, address, and telephone number of one individual that is designated
by the applicant to receive all communications and cooperate with all inspections and
investigations of the commissioner pertaining to the sale of manufactured homes in the
manufactured home park owned by the applicant;
new text end
new text begin
(vi) whether the applicant or its designated individual has been convicted of a crime
within the previous ten years that is either related directly to the business for which the
license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
judgment in a civil action involving fraud, misrepresentation, or conversion within the
previous five years or has had any government license or permit suspended or revoked
as a result of an action brought by a federal or state governmental agency in this or any
other state within the last five years; and
new text end
new text begin
(vii) the applicant's qualifications and business history, including whether the
applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
any unsatisfied court judgments outstanding against it or them;
new text end
(2) payment of a $100 annual fee; and
(3) provision of a surety bond in the amount of $5,000. A separate surety bond
must be provided for each limited license.
The applicant need not comply with section 327B.04, subdivision 4, paragraph (e).
The holding of a limited dealer's license does not satisfy the requirement contained in
section 327B.04, subdivision 4, paragraph (e), for the licensee or salespersons with respect
to obtaining a dealer license. The commissioner may, upon application for a renewal of
a license, require only a verification that copies of sales documents have been retained
and payment of a $100 renewal fee. "Sales documents" mean only the safety feature
disclosure form defined in section 327C.07, subdivision 3a, title of the home, financing
agreements, and purchase agreements.
The license holder shall, upon request of the commissioner, make available for
inspection during business hours sales documents required to be retained under this
subdivision.
Minnesota Statutes 2006, section 327B.04, is amended by adding a
subdivision to read:
new text begin
Service of a document on a limited dealer licensed under this
section may be effected by mail to or by personal service on: (1) the licensee at the
licensee's last known address; or (2) the individual designated by the licensee at that
individual's last known address.
new text end
new text begin
A person licensed as a dealer, limited dealer, or
manufacturer shall notify the commissioner of the occurrence of any of the events in
subdivisions 2 to 5.
new text end
new text begin
A licensee shall notify the
commissioner in writing within ten days of the change of any change in information
contained in the most recent license application on file with the commissioner, which
shall include any change in the information pertaining to the individual designated under
section 327B.04, subdivision 8, clause (1), item (vi).
new text end
new text begin
A licensee shall notify the commissioner in writing
within ten days of any decision of a court regarding a proceeding in which the licensee
was named as a defendant, and in which fraud, misrepresentation, or the conversion of
funds was found to have been committed by the licensee.
new text end
new text begin
A licensee shall notify the
commissioner in writing within ten days of the condition, reprimand, censure, limitation,
suspension, or revocation of any other professional or occupational license, registration,
permit, or certificate held by the licensee in this or any other state, or any other United
States jurisdiction.
new text end
new text begin
A licensee shall notify the commissioner in
writing within ten days if the licensee is found guilty of a felony, gross misdemeanor,
misdemeanor, or any comparable offense related to manufactured home sales, improper
business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer
laws in this or any other state, or any other United States jurisdiction.
new text end
Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
new text begin In addition to the grounds in section 326B.082,
subdivision 11, new text end the commissioner may by order deny, suspendnew text begin , limit, place conditions
on,new text end or revoke deleted text begin anydeleted text end new text begin the application ornew text end license deleted text begin on finding (1) that the order is in the public
interest and (2) that thedeleted text end new text begin of anynew text end applicant or licensee or any of its directors, officers, limited
or general partners, controlling shareholdersnew text begin ,new text end or affiliatesnew text begin for any of the following groundsnew text end :
deleted text begin
(a) has filed an application for a license or a license renewal which fails to disclose
any material information or contains any statement which is false or misleading with
respect to any material fact;
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end has violated any of the provisions of sections 327B.01 to 327B.12 or any
rule or order issued by the commissioner or any prior law providing for the licensing of
manufactured home dealers or manufacturers;
deleted text begin (c)deleted text end new text begin (b)new text end has had a previous manufacturer or dealer license revoked in this or any
other state;
deleted text begin (d)deleted text end new text begin (c)new text end has engaged in acts or omissions which have been adjudicated or amount to a
violation of any of the provisions of section 325D.44, 325F.67 or 325F.69;
deleted text begin (e)deleted text end new text begin (d)new text end has sold or brokered the sale of a home containing a material violation of
sections 327.31 to 327.35 about which the dealer knew or which should have been obvious
to a reasonably prudent dealer;
deleted text begin (f)deleted text end new text begin (e)new text end has failed to make or provide all listings, notices and reports required by
the commissioner;
deleted text begin (g)deleted text end new text begin (f)new text end has failed to pay a civil penalty assessed under subdivision 5 within ten
days after the assessment becomes final;
deleted text begin (h)deleted text end new text begin (g)new text end has failed to pay to the commissioner or other responsible government agency
all taxes, fees and arrearages due;
deleted text begin (i)deleted text end new text begin (h)new text end has failed to duly apply for license renewal;
deleted text begin (j)deleted text end new text begin (i)new text end has violated any applicable manufactured home building or safety code;
deleted text begin (k)deleted text end new text begin (j)new text end has failed or refused to honor any express or implied warranty as provided
in section 327B.03;
deleted text begin (l)deleted text end new text begin (k)new text end has failed to continuously occupy a permanent, established place of business
licensed under section 327B.04;
deleted text begin (m)deleted text end new text begin (l)new text end has, without first notifying the commissioner, sold a new and unused
manufactured home other than the make of manufactured home described in a franchise or
contract filed with the application for license or license renewal;
deleted text begin (n)deleted text end new text begin (m)new text end has wrongfully failed to deliver a certificate of title to a person entitled to it;
deleted text begin (o)deleted text end new text begin (n)new text end is insolvent or bankrupt;
deleted text begin (p)deleted text end new text begin (o)new text end holds an impaired or canceled bond;
deleted text begin (q)deleted text end new text begin (p)new text end has failed to notify the commissioner of bankruptcy proceedings within ten
days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
deleted text begin (r)deleted text end new text begin (q)new text end has, within the previous ten years, been convicted of a crime that either related
directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
or misuse of funds;
deleted text begin (s)deleted text end new text begin (r)new text end has suffered a judgment within the previous five years in a civil action
involving fraud, misrepresentation or misuse of funds; or
deleted text begin (t)deleted text end new text begin (s)new text end has failed to reasonably supervise any employee or agent of the dealer or
manufacturer, resulting in injury or harm to the public.
The commissioner may establish rules pursuant to section 327B.10 further
specifying, defining or establishing standards of conduct for manufactured home dealers
and manufacturers.
Minnesota Statutes 2006, section 327B.10, is amended to read:
The commissioner may promulgate rules and issue orders reasonably necessary
to implement and administer the provisions of sections 327B.01 to 327B.12. new text begin The
commissioner shall adopt rules establishing and approving education programs for
manufactured home installers. Each manufactured home installer must satisfactorily
complete the continuing education requirements established by the commissioner in rule.
new text end
new text begin
The commissioner of labor and industry shall explore the possibility of incorporating
the adaptability design elements in the State Building Code for the following International
Residential Codes (IRC) and International Building Codes (IBC):
new text end
new text begin
(1) IRC-1;
new text end
new text begin
(2) IRC-2;
new text end
new text begin
(3) IRC-3;
new text end
new text begin
(4) IBC R-2; and
new text end
new text begin
(5) IBC R-3.
new text end
new text begin
The commissioner shall report back to the legislative committees having jurisdiction
over these issues by January 15, 2008.
new text end
new text begin
The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end
new text begin
Column A new text end |
new text begin
Column B new text end |
|
new text begin
16B.59 new text end |
new text begin
326B.101 new text end |
|
new text begin
16B.60, subd. 1 new text end |
new text begin
326B.103, subd. 1 new text end |
|
new text begin
16B.60, subd. 2 new text end |
new text begin
326B.103, subd. 4 new text end |
|
new text begin
16B.60, subd. 3 new text end |
new text begin
326B.103, subd. 9 new text end |
|
new text begin
16B.60, subd. 4 new text end |
new text begin
326B.103, subd. 5 new text end |
|
new text begin
16B.60, subd. 5 new text end |
new text begin
326B.103, subd. 3 new text end |
|
new text begin
16B.60, subd. 6 new text end |
new text begin
326B.103, subd. 11 new text end |
|
new text begin
16B.60, subd. 7 new text end |
new text begin
326B.103, subd. 10 new text end |
|
new text begin
16B.60, subd. 8 new text end |
new text begin
326B.103, subd. 12 new text end |
|
new text begin
16B.60, subd. 9 new text end |
new text begin
326B.103, subd. 8 new text end |
|
new text begin
16B.60, subd. 10 new text end |
new text begin
326B.103, subd. 7 new text end |
|
new text begin
16B.60, subd. 11 new text end |
new text begin
326B.103, subd. 13 new text end |
|
new text begin
16B.60, subd. 12 new text end |
new text begin
326B.103, subd. 6 new text end |
|
new text begin
16B.60, subd. 13 new text end |
new text begin
326B.103, subd. 2 new text end |
|
new text begin
16B.61 new text end |
new text begin
326B.106 new text end |
|
new text begin
16B.615 new text end |
new text begin
326B.109 new text end |
|
new text begin
16B.616 new text end |
new text begin
326B.112 new text end |
|
new text begin
16B.617 new text end |
new text begin
326B.115 new text end |
|
new text begin
16B.6175 new text end |
new text begin
326B.118 new text end |
|
new text begin
16B.62 new text end |
new text begin
326B.121 new text end |
|
new text begin
16B.625 new text end |
new text begin
326B.124 new text end |
|
new text begin
16B.63 new text end |
new text begin
326B.127 new text end |
|
new text begin
16B.64 new text end |
new text begin
326B.13 new text end |
|
new text begin
16B.65 new text end |
new text begin
326B.133 new text end |
|
new text begin
16B.66 new text end |
new text begin
326B.136 new text end |
|
new text begin
16B.67 new text end |
new text begin
326B.139 new text end |
|
new text begin
16B.68 new text end |
new text begin
326B.142 new text end |
|
new text begin
16B.685 new text end |
new text begin
326B.145 new text end |
|
new text begin
16B.70 new text end |
new text begin
326B.148 new text end |
|
new text begin
16B.71 new text end |
new text begin
326B.151 new text end |
|
new text begin
16B.72 new text end |
new text begin
326B.154 new text end |
|
new text begin
16B.73 new text end |
new text begin
326B.157 new text end |
|
new text begin
16B.735 new text end |
new text begin
326B.16 new text end |
|
new text begin
16B.74 new text end |
new text begin
326B.163 new text end |
|
new text begin
16B.741 new text end |
new text begin
326B.166 new text end |
|
new text begin
16B.742 new text end |
new text begin
326B.169 new text end |
|
new text begin
16B.743 new text end |
new text begin
326B.172 new text end |
|
new text begin
16B.744 new text end |
new text begin
326B.175 new text end |
|
new text begin
16B.745 new text end |
new text begin
326B.178 new text end |
|
new text begin
16B.746 new text end |
new text begin
326B.181 new text end |
|
new text begin
16B.747 new text end |
new text begin
326B.184 new text end |
|
new text begin
16B.748 new text end |
new text begin
326B.187 new text end |
|
new text begin
16B.749 new text end |
new text begin
326B.191 new text end |
|
new text begin
16B.75 new text end |
new text begin
326B.194 new text end |
|
new text begin
16B.76 new text end |
new text begin
326B.07 new text end |
|
new text begin
326.992 new text end |
new text begin
326B.197 new text end |
Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
deleted text begin The termdeleted text end "Class A master electrician"
means deleted text begin a persondeleted text end new text begin an individualnew text end having the necessary qualifications, training, experience,
and technical knowledge to deleted text begin install, alter, repair, plan, lay out, and supervise the installing,
altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,
and other purposesdeleted text end new text begin perform and supervise any electrical work, andnew text end who is licensed as deleted text begin suchdeleted text end new text begin
a Class A master electriciannew text end by the deleted text begin Board of Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
deleted text begin The termdeleted text end "Class A journeyman
electrician" means deleted text begin a persondeleted text end new text begin an individualnew text end having the necessary qualifications, training,
experience, and technical knowledge to deleted text begin install, alter, repair, and supervise the installing,
altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power,
and other purposesdeleted text end new text begin perform and supervise any electrical work except for planning or
laying out of electrical work, andnew text end who is licensed as deleted text begin suchdeleted text end new text begin a Class A journeyman electriciannew text end
by the deleted text begin Board of Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:
new text begin
"Elevator constructor" means an individual having
the necessary qualifications, training, experience, and technical knowledge to wire for,
install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and
escalators and who is licensed as an elevator constructor by the commissioner.
new text end
Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:
new text begin
"Elevator contractor" means a licensed contractor
whose responsible licensed individual is a licensed master elevator constructor. An
elevator contractor license does not itself qualify its holder to perform or supervise the
electrical or elevator work authorized by holding any other personal license issued by
the commissioner.
new text end
Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:
new text begin
"Lineman" means an individual having the necessary
qualifications, training, experience, and technical knowledge to construct and maintain
transmission and distribution systems that are or will be owned or leased by an electrical
utility, and who is licensed as a lineman by the commissioner.
new text end
Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:
new text begin
"Maintenance electrician" means an individual
having the necessary qualifications, training, experience, and technical knowledge to
properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed
as a maintenance electrician by the commissioner or who is exempt from licensing by
sections 326.241 to 326.248.
new text end
Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
to read:
new text begin
"Master elevator constructor" means
an individual having the necessary qualifications, training, experience, and technical
knowledge to properly plan, lay out, and supervise the installation, maintenance, and
repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed
as a master elevator constructor by the commissioner.
new text end
Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
deleted text begin The termdeleted text end "Contractor" means a persondeleted text begin , partnership, or
corporation operating a business that undertakesdeleted text end new text begin who performsnew text end or offers to deleted text begin undertake to
plan for, lay out, or install or to make additions, alterations, or repairs in the installation
of electrical wiring, apparatus, or equipment for light, heat, power, and other purposesdeleted text end new text begin
perform any electrical work,new text end with or without compensationnew text begin ,new text end who is licensed as deleted text begin suchdeleted text end new text begin a
contractornew text end by the deleted text begin Board of Electricitydeleted text end new text begin commissionernew text end . A contractor's license does not of
itself qualify its holder to perform or supervise the electrical work authorized by holding
any class of electrician's or other personal electrical license.new text begin Contractor includes electrical
contractors and technology system contractors.
new text end
Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
deleted text begin The termdeleted text end "Class B master electrician"
means deleted text begin a persondeleted text end new text begin an individualnew text end having the necessary qualifications, training, experience,
and technical knowledge to deleted text begin install, alter, repair, plan, lay out,deleted text end new text begin performnew text end and supervise
deleted text begin the installing, altering, and repairing of electrical wiring, apparatus, and equipmentdeleted text end new text begin any
electrical worknew text end for single phase systems of not over 200 ampere capacity for light, heat,
power, and other purposes on any farm or in any single family dwelling located in any
town or municipality which has a population of less than deleted text begin 2500deleted text end new text begin 2,500new text end inhabitantsnew text begin , andnew text end who
is licensed as deleted text begin suchdeleted text end new text begin a Class B master electriciannew text end by the deleted text begin Board of Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
deleted text begin The termdeleted text end "Class B journeyman
electrician" means deleted text begin a persondeleted text end new text begin an individualnew text end having the necessary qualifications, training,
experience, and technical knowledge to install, alter, repair, and supervise the installing,
altering, or repairing of electrical wiring, apparatus, and equipment for single phase
systems of not more than 200 ampere capacity for light, heat, power, and other purposes
on any farm or in any single family dwelling located in any town or municipality which
has a population of less than deleted text begin 2500deleted text end new text begin 2,500new text end inhabitantsnew text begin , andnew text end who is licensed as deleted text begin suchdeleted text end new text begin a Class B
journeyman electriciannew text end by the deleted text begin Board of Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
deleted text begin The termdeleted text end "Class A installer" means deleted text begin a persondeleted text end new text begin an
individualnew text end who has the necessary qualifications, training, experience, and technical
knowledge to properly lay out and install electrical wiring, apparatus, and equipment for
major electrical home appliances and such other electrical equipment as is determined by
the deleted text begin state Board of Electricitydeleted text end new text begin commissionernew text end pursuant to section 326.242, subdivision 3,
on the load side of the main service on farmsteads or in any town or municipality with
less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not
contain an established business of a master electrician, and who is licensed as deleted text begin suchdeleted text end new text begin a Class
A installernew text end by the deleted text begin state Board of Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
deleted text begin The termdeleted text end "Class B installer" means deleted text begin a persondeleted text end new text begin an
individualnew text end who has the necessary qualifications, training, experience, and technical
knowledge to properly lay out and install electrical wiring, apparatus, and equipment
on center pivot irrigation booms on the load side of the main service on farmsteads,
and install other electrical equipment determined by the deleted text begin state Board of Electricity.deleted text end new text begin
commissioner, and who is licensed asnew text end a Class B installer deleted text begin must be licenseddeleted text end by the deleted text begin Board of
Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
An owner is deleted text begin a natural persondeleted text end new text begin an individualnew text end who physically
performs electrical work on premises the deleted text begin persondeleted text end new text begin individualnew text end owns and actually occupies as
a residence or owns and will occupy as a residence upon completion ofnew text begin itsnew text end construction.
Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
deleted text begin The termdeleted text end "Electrical work" means the installing,
altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment
fornew text begin electricalnew text end light, heat, power,new text begin technology circuits or systems,new text end or other purposes. The
installing, deleted text begin alterationdeleted text end new text begin alteringnew text end , repairing, planning, or laying out of electrical wiring,
apparatus, or equipment for new text begin electrical new text end light, heat, power,new text begin technology circuits or systems,new text end
or other purposes includes, but is not limited to, the performance of any work deleted text begin governeddeleted text end new text begin
regulatednew text end by the standards referred to in section 326.243.
Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
deleted text begin The term "personaldeleted text end new text begin "Directnew text end supervision"
means deleted text begin that a person licensed to perform electrical work oversees and directs the electrical
work performed by an unlicensed person such thatdeleted text end :
(1) deleted text begin the licensed person actually reviews the electrical work performed by the
unlicensed persondeleted text end new text begin an unlicensed individual is being supervised by an individual licensed
to perform the electrical work being supervisednew text end ;
(2)new text begin during the entire working day of the unlicensed individual, the licensed
individual is physically present at the location where the unlicensed individual is
performing electrical work and immediately available to the unlicensed individual;
new text end
new text begin (3)new text end the licensed deleted text begin persondeleted text end new text begin individualnew text end is new text begin physically present and new text end immediately available to
the unlicensed deleted text begin persondeleted text end new text begin individualnew text end at all times for assistance and direction;
new text begin
(4) electronic supervision does not meet the requirement of physically present and
immediately available;
new text end
new text begin (5) the licensed individual shall review the electrical work performed by the
unlicensed individual before the electrical work is operated;new text end and
deleted text begin (3)deleted text end new text begin (6)new text end the licensed deleted text begin persondeleted text end new text begin individualnew text end is able to and does determine that all electrical
work performed by the unlicensed deleted text begin persondeleted text end new text begin individualnew text end is performed in compliance with
section 326.243.
The licensed deleted text begin persondeleted text end new text begin individual new text end is responsible for the compliance with section
326.243 of all electrical work performed by the unlicensed deleted text begin persondeleted text end new text begin individualnew text end .
Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
A "residential dwelling" is deleted text begin an individual dwelling
ofdeleted text end new text begin a single dwelling unit that is contained innew text end a one-family, two-family, or multifamily
dwelling as defined in the National Electrical Code pursuant to section 326.243deleted text begin , including
its garage or accessory buildingdeleted text end .new text begin A residential dwelling includes a garage and accessory
building that can only be used by the residents of the single dwelling unit.new text end
Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
deleted text begin The termdeleted text end "Power limited technician" means
deleted text begin a persondeleted text end new text begin an individualnew text end having the necessary qualifications, training, experience, and
technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
altering, and repairing of electrical wiring, apparatus, and equipment for technology
circuits or systemsnew text begin , andnew text end who is licensed as deleted text begin suchdeleted text end new text begin a power limited techniciannew text end by the deleted text begin Board of
Electricitydeleted text end new text begin commissionernew text end .
Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
"Technology circuits or systems" means
class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling,
control, alarm, and audio signal, including associated components as covered by the
National Electrical Code, articles 640, 645, new text begin 650, new text end 725, 760, 770, and 780, and which are
isolated from circuits or systems other than class 2 or class 3 by a demarcation and are
not process control circuits or systems; antenna and communication circuits or systems
as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for
indoor lighting and outdoor landscape lighting systems that are supplied by the secondary
circuit of an isolating power supply operating at 30 volts or less as covered by the National
Electrical Code, article 411. The planning, laying out, installing, altering, and repairing
of technology circuits or systems must be performed in accordance with the applicable
requirements of the National Electrical Code pursuant to section 326.243.
new text begin
(a) The Board of Electricity shall consist of 12
members. Eleven members shall be appointed by the governor with the advice and consent
of the senate and shall be voting members. Appointments of members by the governor
shall be made in accordance with section 15.066. If the senate votes to refuse to consent
to an appointment of a member made by the governor, the governor shall appoint a new
member with the advice and consent of the senate. One member shall be the commissioner
of labor and industry or the commissioner's designee, who shall be a voting member. Of
the 11 appointed members, the composition shall be as follows:
new text end
new text begin
(1) one member shall be an electrical inspector;
new text end
new text begin
(2) two members shall be representatives of the electrical suppliers in rural areas;
new text end
new text begin
(3) two members shall be master electricians, who shall be contractors;
new text end
new text begin
(4) two members shall be journeyman electricians;
new text end
new text begin
(5) one member shall be a registered consulting electrical engineer;
new text end
new text begin
(6) two members shall be power limited technicians, who shall be technology
system contractors primarily engaged in the business of installing technology circuit
or systems; and
new text end
new text begin
(7) one member shall be a public member as defined by section 214.02.
new text end
new text begin
The electrical inspector shall be appointed to a term to end December 31, 2011. One
of the rural electrical suppliers shall be appointed for a term to end December 31, 2011.
The other rural electrical supplier shall be appointed for a term to end December 31,
2010. The consulting electrical engineer shall be appointed for a term to end December
31, 2011. One of the master electrician contractors shall be appointed for a term to end
December 31, 2011. The other master electrician contractor shall be appointed for a term
to end December 31, 2010. One of the journeyman electricians shall be appointed for a
term to end December 31, 2011. The other journeyman electrician shall be appointed
for a term to end December 31, 2010. One of the power limited technicians shall be
appointed for a term to end December 31, 2011. The other power limited technician shall
be appointed for a term to end December 31, 2010. The public member shall be appointed
for a term to end December 31, 2010.
new text end
new text begin
(b) The consulting electrical engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term on the board.
All other appointed members, except for the public member and the representatives of
electrical suppliers in rural areas, must possess a current electrical license issued by the
Department of Labor and Industry and maintain that license for the duration of their terms.
All appointed members must be residents of Minnesota at the time of and throughout
the member's appointment. The term of any appointed member that does not maintain
membership qualification status shall end on the date of the status change and the governor
shall appoint a new member. It is the responsibility of the member to notify the board of
their status change.
new text end
new text begin
(c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and
consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
term. Vacancies occurring with less than six months time remaining in the term shall be
filled for the existing term and the following three-year term. Members may serve until
their successors are appointed but in no case later than July 1 in a year in which the term
expires unless reappointed.
new text end
new text begin
(a) The board shall have the
power to:
new text end
new text begin
(1) elect its chair, vice-chair, and secretary;
new text end
new text begin
(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;
new text end
new text begin
(3) the Minnesota Electrical Code shall be the most current edition of the National
Electrical Code upon its adoption by the board and any amendments thereto as adopted
by the board. The board shall adopt the most current edition of the National Electrical
Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
6, paragraphs (b) and (c);
new text end
new text begin
(4) review requests for final interpretations and issue final interpretations as provided
in section 16B.63, subdivision 5;
new text end
new text begin
(5) adopt rules that regulate the licensure or registration of electrical businesses,
electrical contractors, master electricians, journeyman electricians, Class A installer,
Class B installer, power limited technicians, and other persons who perform electrical
work 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 (d) and (e);
new text end
new text begin
(6) adopt rules that regulate continuing education for individuals licensed or
registered as electrical businesses, electrical contractors, master electricians, journeyman
electricians, Class A installer, Class B installer, power limited technicians, and other
persons who perform electrical work. The board shall adopt these rules pursuant to
chapter 14 and as provided in subdivision 6, paragraph (e);
new text end
new text begin
(7) advise the commissioner regarding educational requirements for electrical
inspectors;
new text end
new text begin
(8) refer complaints or other communications to the commissioner, whether oral or
in writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule,
or order that the commissioner has the authority to enforce pertaining to code compliance,
licensure, registration, or an offering to perform or performance of unlicensed electrical
services;
new text end
new text begin
(9) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
new text end
new text begin
(10) approve license reciprocity agreements;
new text end
new text begin
(11) select from its members individuals to serve on any other state advisory council,
board, or committee; and
new text end
new text begin
(12) recommend the fees for licenses and certifications.
new text end
new text begin
Except for the powers granted to the Plumbing Board, 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.
new text end
new text begin
(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
new text end
new text begin
(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by all of the other boards created
pursuant to chapter 326B. 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 end
new text begin
(a) Members of the board may be compensated at the rate
of $55 a day spent on board activities, when authorized by the board, plus expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Members who, as a result of time spent attending board
meetings, incur child care expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization.
new text end
new text begin
(b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are compensated by the state or political subdivision. However, a
state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activities. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
new text end
new text begin
(c) The board shall adopt internal standards prescribing what constitutes a day spent
on board activities for purposes of making daily payments under this subdivision.
new text end
new text begin
(a) An appointed member of the board may be
removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
missing three consecutive meetings. The chair of the board shall inform the governor of an
appointed member missing the three consecutive meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall notify the
appointed member in writing that the member may be removed for missing the next
meeting. In the case of a vacancy on the board, the governor shall, with the advice
and consent of the Senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
new text end
new text begin
(b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6.
new text end
new text begin
Notwithstanding any law to the contrary, when a membership on the board becomes
vacant within three months after being filled through the appointments process, the
governor may, upon notification to the Office of Secretary of State, choose a new member
from the applications on hand and need not repeat the process.
new text end
new text begin
(a) The board shall elect annually from its
members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
majority of members of the board qualified to vote on the matter in question. All questions
concerning the manner in which a meeting is conducted or called that is not covered
by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.
new text end
new text begin
(b) Each electrical code amendment considered by the board that receives an
affirmative two-thirds or more majority vote of all of the voting members of the board
shall be included in the next electrical code rulemaking proceeding initiated by the board.
If an electrical code amendment considered, or reconsidered, by the board receives less
than a two-thirds majority vote of all of the voting members of the board, the electrical
code amendment shall not be included in the next electrical code rulemaking proceeding
initiated by the board.
new text end
new text begin
(c) The board may reconsider electrical code amendments during an active electrical
code rulemaking proceeding in which the amendment previously failed to receive a
two-thirds majority vote or more of all of the voting members of the board only if new
or updated information that affects the electrical code amendment is presented to the
board. The board may also reconsider failed electrical code amendments in subsequent
electrical code rulemaking proceedings.
new text end
new text begin
(d) Each proposed rule and rule amendment considered by the board pursuant to the
rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that
receives an affirmative majority vote of all of the voting members of the board shall be
included in the next rulemaking proceeding initiated by the board. If a proposed rule or
rule amendment considered, or reconsidered, by the board receives less than an affirmative
majority vote of all of the voting members of the board, the proposed rule or rule
amendment shall not be included in the next rulemaking proceeding initiated by the board.
new text end
new text begin
(e) The board may reconsider proposed rule or rule amendment during an active
rulemaking proceeding in which the amendment previously failed to receive an affirmative
majority vote of all of the voting members of the board only if new or updated information
that affects the proposed rule or rule amendment is presented to the board. The board
may also reconsider failed proposed rule or rule amendment in subsequent rulemaking
proceedings.
new text end
new text begin
(a) The board shall hold meetings at such times as the
board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
and in a manner as the bylaws may provide.
new text end
new text begin
(b) If compliance with section 13D.02 is impractical, the board may conduct a
meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end
new text begin
(1) all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end
new text begin
(2) members of the public present at the regular meeting location of the board can
hear clearly all discussion and testimony and all votes of members of the board and, if
needed, receive those services required by sections 15.44 and 15.441;
new text end
new text begin
(3) at least one member of the board is physically present at the regular meeting
location; and
new text end
new text begin
(4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end
new text begin
Each member of the board participating in a meeting by telephone or other electronic
means is considered present at the meeting for purposes of determining a quorum and
participating in all proceedings.
new text end
new text begin
If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The board may require the person
making such a connection to pay for documented costs that the board incurs as a result of
the additional connection.
new text end
new text begin
If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and that
a person may monitor the meeting electronically from a remote location. Any person
monitoring the meeting electronically from a remote location may be required to pay
documented costs incurred by the board as a result of the additional connection. The
timing and method of providing notice is governed by section 13D.04.
new text end
new text begin
(a) The board shall promptly forward to the commissioner
the substance of any complaint or communication it receives, whether in writing or oral,
that alleges or implies a violation of a statute, rule, or order that the commissioner has
the authority to enforce pertaining to the license or registration of any person authorized
by the department to provide electrical work, the performance or offering to perform
electrical work requiring licensure or registration, or electrical code compliance. Each
complaint or communication that is forwarded to the commissioner shall be submitted
on a form provided by the commissioner.
new text end
new text begin
(b) The commissioner shall advise the board of the status of the complaint within 90
days after the board's written submission is received, or within 90 days after the board
is provided with a written request for additional information or documentation from the
commissioner or the commissioner's designee, whichever is later. The commissioner shall
advise the board of the disposition of a complaint referred by the board within 180 days
after the board's written submission is received. The commissioner shall annually report to
the board a summary of the actions taken in response to complaints referred by the board.
new text end
new text begin
The board is subject to chapter 13, the Minnesota
Government Data Practices Act, and shall protect from unlawful disclosure data classified
as not public.
new text end
new text begin
The board shall make and preserve all records necessary
to a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end
new text begin
This section is effective July 1, 2007.
new text end
Minnesota Statutes 2006, section 326.242, is amended to read:
Except as otherwise provided by law, no deleted text begin persondeleted text end new text begin
individualnew text end shall deleted text begin install, alter, repair, plan, lay out, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
purposesdeleted text end new text begin perform or supervise electrical worknew text end unless the deleted text begin persondeleted text end new text begin individualnew text end is: (a) licensed
by the deleted text begin boarddeleted text end new text begin commissionernew text end as a master electriciannew text begin ;new text end and (b)(i) the electrical work is for a
licensed contractor and the deleted text begin persondeleted text end new text begin individualnew text end is an employee, partner, or officer of, or is
the licensed contractor, or (ii) the electrical work is performed for the deleted text begin person'sdeleted text end new text begin individual'snew text end
employer on deleted text begin electricdeleted text end new text begin electricalnew text end wiring, apparatus, equipment, or facilitiesnew text begin that arenew text end owned
or leased by the employer deleted text begin which isdeleted text end new text begin and that arenew text end located within the limits of property
deleted text begin which isdeleted text end new text begin operated, maintained, and eithernew text end owned or leased deleted text begin and operated and maintaineddeleted text end by
the employer.
(1) An applicant for a Class A master deleted text begin electrician'sdeleted text end new text begin electriciannew text end license shall (a)
be a graduate of a four-year electrical course deleted text begin indeleted text end new text begin offered bynew text end an accredited college or
university; or (b) shall have had at least one deleted text begin year'sdeleted text end new text begin year ofnew text end experience, acceptable to the
deleted text begin boarddeleted text end new text begin commissionernew text end , as a licensed journeyman; or (c) shall have had at least five years'
experience, acceptable to the deleted text begin boarddeleted text end new text begin commissionernew text end , in planning for, laying out, supervising
and installing wiring, apparatus, or equipment for electrical light, heat and power.
(2) As of August 1, 1985, no new Class B master deleted text begin electrician'sdeleted text end new text begin electriciannew text end licenses
shall be issued. An individual who has a Class B master deleted text begin electrician'sdeleted text end new text begin electriciannew text end license as
of August 1, 1985new text begin ,new text end may retainnew text begin and renewnew text end the license and exercise the privileges it grants,
which include electrical work limited to single phase systems, not over 200 amperes in
capacity, on farmsteads or single-family dwellings located in towns or municipalities
with fewer than 2,500 inhabitants.
(a) Except as otherwise provided by law,
no deleted text begin persondeleted text end new text begin individualnew text end shall deleted text begin install, alter, repair, or supervise the installing, altering, or
repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
purposesdeleted text end new text begin perform and supervise any electrical work except for planning or laying out
of electrical work new text end unless:
(1) the deleted text begin persondeleted text end new text begin individualnew text end is licensed by the deleted text begin boarddeleted text end new text begin commissionernew text end as a journeyman
electrician; and
(2) the electrical work is:
(i) for a contractor and the deleted text begin persondeleted text end new text begin individualnew text end is an employee, partner, or officer of
the licensed contractor; or
(ii) performed under the supervision of a master electrician also employed by the
deleted text begin person'sdeleted text end new text begin individual'snew text end employer on electrical wiring, apparatus, equipment, or facilitiesnew text begin
that arenew text end owned or leased by the employernew text begin andnew text end that deleted text begin isdeleted text end new text begin arenew text end located within the limits of
propertynew text begin operated, maintained, and eithernew text end owned or leaseddeleted text begin , operated, and maintaineddeleted text end by
the employer.
(b) An applicant for a Class A journeyman deleted text begin electrician'sdeleted text end new text begin electriciannew text end license shall have
had at least four years of experience, acceptable to the deleted text begin boarddeleted text end new text begin commissionernew text end , in wiring for,
installing, and repairing electrical wiring, apparatus, or equipment, provided however,
that the deleted text begin boarddeleted text end new text begin commissionernew text end may by rule deleted text begin provide for the allowance ofdeleted text end new text begin allownew text end one year of
experience credit fornew text begin thenew text end successful completion of a two-year post high school electrical
course approved by the deleted text begin boarddeleted text end new text begin commissionernew text end .
(c) As of August 1, 1985, no new Class B journeyman deleted text begin electrician'sdeleted text end new text begin electriciannew text end
licenses shall be issued. An individual who holds a Class B journeyman deleted text begin electrician'sdeleted text end new text begin
electriciannew text end license as of August 1, 1985new text begin ,new text end may retainnew text begin and renewnew text end the license and exercise the
privileges it grants, which include electrical work limited to single phase systems, not over
200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or
municipalities with fewer than 2,500 inhabitants.
Notwithstanding the provisions of subdivisions 1, 2, and
6, any deleted text begin persondeleted text end new text begin individualnew text end holding a Class A installer license may lay out and install and
supervise the laying out and installing of electrical wiring, apparatus, or equipment for
major electrical home appliances on the load side of the main service on farmsteads and in
any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to
a city of the first class and does not contain an established business of a contractor.new text begin As
of December 1, 2007, no new Class A installer licenses shall be issued. An individual
who holds a Class A installer license as of December 1, 2007, may retain and renew the
license and exercise the privileges it grants.
new text end
Notwithstanding the provisions of subdivisions 1, 2
and 6, any deleted text begin persondeleted text end new text begin individualnew text end holding a Class B installer license may lay out and install
electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
side of the main service on farmsteads, and install such other electrical equipment as is
deleted text begin determineddeleted text end new text begin approvednew text end by the deleted text begin boarddeleted text end new text begin commissionernew text end .
An applicant for a Class A or B installer
license shall have completed a post high school course in electricity deleted text begin acceptable todeleted text end new text begin
approved bynew text end the deleted text begin boarddeleted text end new text begin commissionernew text end or shall have had at least one deleted text begin year'sdeleted text end new text begin year ofnew text end
experience, deleted text begin acceptable todeleted text end new text begin approved bynew text end the deleted text begin boarddeleted text end new text begin commissioner,new text end in electrical wiring.
Everynew text begin Class A and Class Bnew text end installer, as a condition of licensure,
shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
performance of all work contracted for or entered upon by the installer within the state of
Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
loss by reason of failure of such performance. Such bond shall be in lieu of all other
license bonds to any political subdivision of the state. Such bond shall be written by a
corporate surety licensed to do business in the state of Minnesota.
(a) Except as otherwise provided by law,
no deleted text begin persondeleted text end new text begin individualnew text end shall install, alter, repair, plan, lay out, or supervise the installing,
altering, deleted text begin ordeleted text end repairingnew text begin , planning, or laying outnew text end of electrical wiring, apparatus, or equipment
for technology circuits or systems unless:
(1) the deleted text begin persondeleted text end new text begin individualnew text end is licensed by the deleted text begin boarddeleted text end new text begin commissionernew text end as a power limited
technician; and
(2) the electrical work is:
(i) for a licensed contractor and the deleted text begin persondeleted text end new text begin individualnew text end is an employee, partner, or
officer of, or is the licensed contractor; or
(ii) performed under the new text begin direct new text end supervision of a master electrician or power limited
technician also employed by the deleted text begin person'sdeleted text end new text begin individual'snew text end employer on technology circuits,
systems, apparatus, equipment, or facilitiesnew text begin that arenew text end owned or leased by the employernew text begin andnew text end
that are located within the limits of propertynew text begin operated, maintained, and eithernew text end owned or
leaseddeleted text begin , operated, and maintaineddeleted text end by the employer.
(b) An applicant for a power limited technician's license shall (1) be a graduate
of a four-year electrical course deleted text begin indeleted text end new text begin offered bynew text end an accredited college or university; or (2)
have had at least 36 months' experience, acceptable to the board, in planning for, laying
out, supervising, deleted text begin anddeleted text end installingnew text begin , altering, and repairingnew text end wiring, apparatus, or equipment
for power limited systems, provided however, that the board may by rule provide for the
allowance of up to 12 months (2,000 hours) of experience credit for successful completion
of a two-year post high school electrical course or other technical training approved by
the board.
deleted text begin
(c) The board may initially set experience requirements without rulemaking, but
must adopt rules before July 1, 2004.
deleted text end
deleted text begin (d)deleted text end new text begin (c) new text end Licensees must attain deleted text begin eightdeleted text end new text begin 16new text end hours of continuing education acceptable to
the board every renewal period.
deleted text begin
(e) A person who has submitted an application by June 30, 2003, to take the alarm
and communications examination administered by the board, and who has achieved a
minimal score of 70 percent on the examination by September 30, 2003, may obtain a
power limited technician license without further examination by submitting an application
and a license fee of $30.
deleted text end
deleted text begin (f)deleted text end new text begin (d)new text end A company holding an alarm and communication license as of June 30, 2003,
may designate one deleted text begin persondeleted text end new text begin individualnew text end who may obtain a power limited technician license
without passing an examination administered by the deleted text begin boarddeleted text end new text begin commissionernew text end by submitting an
application and license fee of $30.
deleted text begin (g)deleted text end new text begin (e) new text end A person who has submitted an application by deleted text begin September 30, 2005deleted text end new text begin December
30, 2007new text end , to take the power limited technician examination administered by the deleted text begin boarddeleted text end
new text begin department new text end is not required to meet the qualifications set forth in paragraph (b).
deleted text begin
Notwithstanding the provisions of subdivisions 1, 2,
6, and 7, the board may by rule provide for the issuance of special electrician licenses
empowering the licensee to engage in a limited class or classes of electrical work, which
class or classes shall be specified on the license certificate. Each licensee shall have had
at least two years of experience, acceptable to the board, in each such limited class of
work for which the licensee is licensed.
deleted text end
(a) An unlicensed deleted text begin persondeleted text end new text begin individual
means an individual who has not been licensed by the department to perform specific
electrical work. An unlicensed individualnew text end shall not perform electrical work new text begin required to
be performed by a licensed individual new text end unless new text begin the individual has first registered with the
department as an unlicensed individual. Thereafter, an unlicensed individual shall not
perform electrical work required to be performed by a licensed individual unless new text end the work
is performed under the deleted text begin personaldeleted text end new text begin directnew text end supervision of deleted text begin a persondeleted text end new text begin an individual new text end actually
licensed to perform such work deleted text begin anddeleted text end new text begin .new text end The licensed deleted text begin electriciandeleted text end new text begin individualnew text end and unlicensed
deleted text begin persons aredeleted text end new text begin individual must be new text end employed by the same employer. Licensed deleted text begin personsdeleted text end
new text begin individuals new text end shall not permit unlicensed deleted text begin personsdeleted text end new text begin individualsnew text end to perform electrical work
except under the deleted text begin personaldeleted text end new text begin directnew text end supervision of deleted text begin a persondeleted text end new text begin an individual new text end actually licensed to
perform such work. Unlicensed deleted text begin personsdeleted text end new text begin individualsnew text end shall not supervise the performance of
electrical work or make assignments of electrical work to unlicensed deleted text begin personsdeleted text end new text begin individualsnew text end .
Except for technology circuit or system work, licensed deleted text begin personsdeleted text end new text begin individualsnew text end shall supervise
no more than two unlicensed deleted text begin personsdeleted text end new text begin individualsnew text end . For technology circuit or system
work, licensed deleted text begin personsdeleted text end new text begin individualsnew text end shall supervise no more than three unlicensed deleted text begin personsdeleted text end new text begin
individualsnew text end .
(b) Notwithstanding any other provision of this section, no deleted text begin persondeleted text end new text begin individualnew text end other
than a master electrician or power limited technician shall plan or lay out electrical wiring,
apparatus, or equipment for light, heat, power, or other purposes, except circuits or
systems exempted from personal licensing by subdivision 12, paragraph (b).
(c) Contractors employing unlicensed deleted text begin persons performingdeleted text end new text begin individuals to performnew text end
electrical work shall maintain records establishing compliance with this subdivisiondeleted text begin ,
whichdeleted text end new text begin thatnew text end shall deleted text begin designatedeleted text end new text begin identifynew text end all unlicensed deleted text begin personsdeleted text end new text begin individualsnew text end performing electrical
work, except for deleted text begin personsdeleted text end new text begin individualsnew text end working on circuits or systems exempted from
personal licensing by subdivision 12, paragraph (b), and shall permit the deleted text begin boarddeleted text end new text begin departmentnew text end
to examine and copy all such records deleted text begin as provided for in section 326.244, subdivision 6deleted text end .
new text begin
(d) When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the electrical work
complies with the Minnesota Electrical Act and all rules adopted under the act.
new text end
new text begin
Unlicensed individuals
performing electrical work for a contractor or employer shall register with the department
in the manner prescribed by the commissioner. Experience credit for electrical work
performed in Minnesota after January 1, 2008, by an applicant for a license identified in
this section shall not be granted where the applicant has not registered with or is not
licensed by the department.
new text end
Except as otherwise provided by law, no
deleted text begin persondeleted text end new text begin individualnew text end other than an employee, partner, or officer of a licensed contractor, as
defined by section deleted text begin 326.01deleted text end new text begin 326B.31new text end , subdivision deleted text begin 5deleted text end new text begin 12new text end , shall deleted text begin undertakedeleted text end new text begin performnew text end or offer
to deleted text begin undertake to plan for, lay out, supervise or install or to make additions, alterations, or
repairs in the installation of electrical wiring, apparatus, and equipment for light, heat,
power, and other purposesdeleted text end new text begin perform electrical worknew text end with or without compensation unless
the deleted text begin persondeleted text end new text begin individualnew text end obtains a contractor's license. A contractor's license does not of itself
qualify its holder to perform or supervise the electrical work authorized by holding any
class of personal deleted text begin electricaldeleted text end license.
new text begin As a condition of licensing, new text end each contractor shall give
and maintain bond to the state in the deleted text begin penaldeleted text end sum of deleted text begin $5,000deleted text end new text begin $25,000new text end conditioned upon the
faithful and lawful performance of all work deleted text begin entered upondeleted text end new text begin contracted for or performednew text end by
the contractor within the state of Minnesota and such bond shall be for the benefit of
persons injured or suffering financial loss by reason of failure of such performance. The
bond shall be filed with the deleted text begin boarddeleted text end new text begin commissionernew text end and shall be in lieu of all other license
bonds to anynew text begin othernew text end political subdivision. Such bond shall be written by a corporate surety
licensed to do business in the state of Minnesota.
Each contractor shall have and maintain in effect
general liability insurance, which includes premises and operations insurance and products
and completed operations insurance, with limits of at least $100,000 per occurrence,
$300,000 aggregate limit for bodily injury, and property damage insurance with limits
of at least deleted text begin $25,000deleted text end new text begin $50,000new text end or a policy with a single limit for bodily injury and property
damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
shall be written by an insurer licensed to do business in the state of Minnesota and each
contractor shall maintain on file with the deleted text begin boarddeleted text end new text begin commissionernew text end a certificate evidencing such
insurance which provides that such insurance shall not be canceled without the insurer
first giving 15 days written notice to the deleted text begin boarddeleted text end new text begin commissionernew text end of such cancellation.
(a) deleted text begin No
contractor shall engage in business of electrical contracting unless the contractor employs
a licensed Class A master or Class Bdeleted text end new text begin Each contractor must designate a responsiblenew text end master
electriciandeleted text begin ,deleted text end or power limited technician, who shall be responsible for the performance of
all electrical work in accordance with the requirements of sections deleted text begin 326.241 to 326.248deleted text end new text begin
326B.31 to 326B.399new text end or any rule or order adopted or issued under these sections. The
classes of work deleted text begin for which thedeleted text end new text begin that anew text end licensed contractor is authorizednew text begin to performnew text end shall be
limited to deleted text begin those for which such Class A master electrician, Class B master electrician,
or power limited technician employed by the contractordeleted text end new text begin the classes of work that the
responsible master electrician or power limited electriciannew text end is licensednew text begin to performnew text end .
(b) When a contractor's license is held by an individual,new text begin sole proprietorship,new text end
partnership, limited liability company, or corporation and the individual,new text begin proprietor,new text end one
of the partners, one of the members, or an officer of the corporation, respectively, is not
the responsible master electrician or power limited technician deleted text begin of recorddeleted text end , all requests for
inspection shall be signed by the responsible master electrician or power limited technician
deleted text begin of recorddeleted text end . deleted text begin The designated responsible master electrician or power limited technician of
record shall be employed by the individual, partnership, limited liability company, or
corporation which is applying for a contractor's license and shall not be employed in any
capacity as a licensed electrician or licensed technician by any other contractor or employer
designated in subdivision 12.deleted text end new text begin If the contractor is an individual or a sole proprietorship, the
responsible licensed individual must be the individual, proprietor, or managing employee.
If the contractor is a partnership, the responsible licensed individual must be a general
partner or managing employee. If the licensed contractor is a limited liability company,
the responsible licensed individual must be a chief manager or managing employee. If
the contractor is a corporation, the responsible licensed individual must be an officer or
managing employee. If the responsible licensed individual is a managing employee, the
responsible licensed individual must be actively engaged in performing electrical work
on behalf of the contractor, and cannot be employed in any capacity as an electrician
or technician by any other contractor or employer designated in subdivision 12. An
individual may be the responsible licensed individual for only one contractor or employer.
new text end
(c) All applicationsnew text begin and renewalsnew text end for deleted text begin contractor'sdeleted text end new text begin contractornew text end licenses deleted text begin and all renewalsdeleted text end
shall include a verified statement that the applicant or licensee has complied with this
subdivision.
In addition to the new text begin other new text end requirements deleted text begin imposed hereindeleted text end new text begin
described in this sectionnew text end and except as deleted text begin herein otherwisedeleted text end providednew text begin in subdivision 11new text end , as
a precondition to issuance of a personal license, each applicant must pass a written
or oral examination deleted text begin givendeleted text end new text begin developed and administerednew text end by the deleted text begin boarddeleted text end new text begin commissionernew text end to
deleted text begin insuredeleted text end new text begin ensurenew text end the competence of each applicant for license. An oral examination shall
be administered only to an applicant who furnishes a written statement from a certified
teacher or other professional, trained in the area of reading disabilities stating that the
applicant has a specific reading disability which would prevent the applicant from
performing satisfactorily on a written test. The oral examination shall be structured so that
an applicant who passes the examination will not impair the applicant's own safety or that
of others while acting as a licensed deleted text begin persondeleted text end new text begin individualnew text end . No deleted text begin persondeleted text end new text begin individualnew text end failing an
examination may retake it for six months thereafter, but within such six months the deleted text begin persondeleted text end new text begin
individualnew text end may take an examination for a lesser grade of license. Any deleted text begin licenseedeleted text end new text begin individualnew text end
failing to renew anew text begin personalnew text end license for two years or more after its expirationnew text begin , and any
licensee whose personal license is revoked under this chapter,new text end shall be required to retake
the examination before being issued a new license.new text begin An individual whose personal license
is revoked under any other chapter is not required to retake the examination before being
issued a new license, unless the personal license was revoked two years or more before the
commissioner received the completed application for a new license. A licensee whose
personal license is suspended for any reason is not required to retake the examination
before the personal license is reinstated, unless the personal license has not been reinstated
within two years after the suspension began.
new text end
An applicant for a personal license shall submit to the deleted text begin boarddeleted text end new text begin commissionernew text end an
application and examination fee at the time of application. Upon approval of the
application, the deleted text begin boarddeleted text end new text begin commissionernew text end shall schedule the applicant for the next available
examination, which shall be held within 60 days. The applicant shall be allowed one
opportunity to reschedule an examination without being required to submit another
application and examination fee. Additionally, an applicant who fails an examination, or
whose application deleted text begin has been disapproved, mustdeleted text end new text begin was not approved, shallnew text end submit another
application and examination fee.
deleted text begin
All licenses issued hereunder shall
expire in a manner as provided by the board.
deleted text end
new text begin
(a) Unless revoked or suspended under this
chapter, all licenses issued or renewed under this section expire on the date specified
in this subdivision. Master licenses expire March 1 of each odd-numbered year after
issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
year after issuance or renewal. Technology system contractor licenses expire August 1 of
each even-numbered year after issuance or renewal. All other personal licenses expire two
years from the date of original issuance and every two years thereafter.
new text end
new text begin (b)new text end Feesdeleted text begin , as set by the board, shall be payabledeleted text end fornew text begin application andnew text end examination,new text begin and
for the originalnew text end issuance andnew text begin each subsequentnew text end renewal deleted text begin of the followingdeleted text end new text begin , arenew text end :
(1) Fornew text begin each personal license application andnew text end examination:new text begin $35;
new text end
deleted text begin
Class A Master.
deleted text end
deleted text begin
Class B Master.
deleted text end
deleted text begin
Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
Special Electrician.
deleted text end
(2) Fornew text begin originalnew text end issuance deleted text begin of original licensedeleted text end andnew text begin each subsequentnew text end renewalnew text begin ofnew text end :
Class A Masterdeleted text begin .deleted text end new text begin or master elevator constructor: $40 per yearnew text end new text begin ;
new text end
Class B Masterdeleted text begin .deleted text end new text begin : $25 per yearnew text end new text begin ;
new text end
Power Limited Techniciandeleted text begin .deleted text end new text begin : $15 per yearnew text end new text begin ;
new text end
Class A Journeyman, Class B Journeyman, Installer, deleted text begin or Specialdeleted text end new text begin Elevator Constructor,
Lineman, or Maintenance new text end Electriciandeleted text begin .deleted text end new text begin : $15 per yearnew text end new text begin ;
new text end
deleted text begin Electricaldeleted text end contractordeleted text begin .deleted text end new text begin : $100 per year;
new text end
deleted text begin Technology Systems Contractordeleted text end new text begin Unlicensed individual registration: $15 per yearnew text end .
new text begin
(c) If any new license is issued in accordance with this subdivision for less than two
years, the fee for the license shall be prorated on an annual basis.
new text end
new text begin
(d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated in accordance with this subdivision, the
amount of the overpayment shall be refunded.
new text end
new text begin
(e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
reinstated.
new text end
new text begin
(f) The fee for the issuance of each duplicate license is $15.
new text end
deleted text begin (3)deleted text end new text begin (g)new text end An individual or contractor who fails to renew a license before 30 days
after the expiration of the license must submit a late fee equal to one year's license fee in
addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
or contractor that fails to renew a license by the expiration date is unlicensed until the
license is renewed.
deleted text begin
The board may by order
deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
preponderance of the evidence presented, the applicant or licensee:
deleted text end
deleted text begin
(a) has filed an application for a license which is incomplete in any material respect
or contains any statement which, in light of the circumstances under which it is made, is
false or misleading with respect to any material fact;
deleted text end
deleted text begin
(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
deleted text end
deleted text begin
(c) has been convicted within the past five years of a misdemeanor involving a
violation of sections to ;
deleted text end
deleted text begin
(d) has violated or failed to comply with sections to or any rule or
order adopted or issued under these sections; or
deleted text end
deleted text begin
(e) has, in the conduct of the applicant's or licensee's affairs, including, but
not limited to, the performance of electrical work, been shown to be incompetent or
untrustworthy.
deleted text end
deleted text begin
If a licensee engages in conduct that is proven by a preponderance of the evidence to
be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
violation of this subdivision. The board may take action under this subdivision or any
other law authorizing action against a licensee regardless of whether the underlying
conduct was willful.
deleted text end
deleted text begin
The board may adopt rules further specifying and defining actions, conduct, and
omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
establishing standards of conduct for applicants and licensees.
deleted text end
deleted text begin
Whenever a preponderance of the evidence presented
proves that a person has violated or failed to comply with sections to or
any rule or order adopted or issued under these sections, the board may impose a civil
penalty upon the person in an amount not to exceed $10,000 per violation.
deleted text end
deleted text begin
The complaint committee may, on behalf of the
board, issue an order requiring a licensee or an applicant for a license to appear at a
hearing on the issue of whether the license should be revoked or suspended, the licensee
censured, the application denied, or a civil penalty imposed. The order shall be calculated
to give reasonable notice of the time and place for hearing, and shall state the reasons for
the entry of the order. All hearings shall be conducted in accordance with chapter 14.
After the hearing, the board shall enter an order making a disposition of the matter as the
facts require. If the licensee or applicant fails to appear at a hearing of which that person
has been duly notified, the person is in default and the proceeding may be determined
against that person upon consideration of the order for hearing, the allegations of which
may be deemed to be true.
deleted text end
deleted text begin
(a) The complaint committee may, on
behalf of the board and in the public interest, temporarily suspend a license pending
final determination of an order for hearing. The complaint committee shall not issue
a temporary suspension order until an investigation of the facts has been conducted
pursuant to section by the attorney general. The complaint committee shall issue a
temporary suspension order only when the safety of life or property is threatened or to
prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
Service of the temporary suspension order is effective if the order is served on the licensee
or counsel of record personally or by first class mail to the most recent address provided to
the board for the licensee or the counsel of record.
deleted text end
deleted text begin
(b) If a license is suspended pending final determination of an order for hearing, a
hearing on the merits shall be held within 45 days of the issuance of the order of temporary
suspension. The administrative law judge shall issue a report within 30 days after closing
of the contested case hearing record. The board shall issue a final order within 30 days
after receipt of that report and any exceptions.
deleted text end
deleted text begin
(c) If the licensee requests a hearing in writing within ten days of service of the
order, the board shall hold a hearing before its own members on the sole issue of whether
there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
board shall hold the hearing within five working days of the licensee's request for hearing.
Evidence presented by the complaint committee or licensee shall be in affidavit form only.
The licensee or counsel of record for the licensee may appear for oral argument. Within
five working days after the hearing, the board shall issue its order either continuing or
vacating the temporary suspension.
deleted text end
deleted text begin
(a) Whenever it appears to the complaint
committee that any person has engaged or is about to engage in any act or practice
constituting a violation of sections to , any other law authorizing the
issuance of a cease and desist order, or any rule or order adopted or issued under these
sections, the complaint committee may, on behalf of the board, issue and cause to be
served upon the person an order requiring the person to cease and desist from violating
sections to or any rule or order adopted or issued under these sections.
The complaint committee shall not issue a cease and desist order until an investigation of
the facts has been conducted pursuant to section by the attorney general. The order
shall be calculated to give reasonable notice of the right of the person to request a hearing
and shall state the reasons for the entry of the order. If no hearing is requested of the board
within 15 days of service of the order, the order shall become final and shall remain in
effect until it is modified or vacated by the board and shall not be reviewable by a court.
deleted text end
deleted text begin
(b) A hearing shall be held not later than 30 days from the date of the board's receipt
of a written hearing request, unless otherwise agreed by the person requesting the hearing
and the complaint committee. Within 30 days of receipt of the administrative law judge's
report and any exceptions, the board shall issue a final order modifying, vacating, or
making permanent the cease and desist order as the facts require. The final order remains
in effect until modified or vacated by the board.
deleted text end
deleted text begin
The board may impose a fee to reimburse the
board for all or part of the cost of the proceedings resulting in disciplinary action or
the imposition of civil penalties or the issuance of a cease and desist order. Such fees
include, but are not limited to, the amount paid by the board for services from the office of
administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
board members' per diem compensation, board staff time, and expense incurred by board
members and staff.
deleted text end
deleted text begin
(a) Whenever
it appears to the board, or the complaint committee if authorized by the board, that any
person has engaged or is about to engage in any act or practice constituting a violation of
sections to or any rule or order adopted or issued under these sections,
the board, or the complaint committee if authorized by the board, may bring an action
in the name of the board in the Ramsey County District Court or the district court of
any other county in which venue is proper.
deleted text end
deleted text begin
(b) The action may be brought to enjoin the acts or practices and to enforce
compliance with sections to , any other law authorizing a civil or
injunctive action, or any rule or order adopted or issued under these sections and for a civil
penalty not to exceed $10,000 for each separate violation of sections to ,
any other law authorizing a civil or injunctive action, or any rule or order adopted or
issued under these sections.
deleted text end
deleted text begin
(c) A temporary restraining order and other temporary injunctive relief shall be
granted in the proceeding whenever it appears that any person has engaged in or is about
to engage in any act, conduct, or practice constituting violation of sections to
, any other law authorizing a civil or injunctive action, or any rule or order adopted
or issued under these sections. The board shall not be required to show irreparable harm.
deleted text end
deleted text begin
The issuance of a cease and desist order or injunctive
relief under this section does not relieve a person from criminal prosecution by any
competent authority or from disciplinary action by the board and does not prevent the
board from exercising any other authority granted to it.
deleted text end
deleted text begin
The powers contained in subdivisions 9 to 9g are in
addition to all other powers of the board.
deleted text end
deleted text begin
A person who is the subject of an investigation,
or who is questioned in connection with an investigation, by or on behalf of the board
or its complaint committee shall cooperate fully with the investigation. Cooperation
includes, but is not limited to:
deleted text end
deleted text begin
(1) responding fully and promptly to questions raised by or on behalf of the board or
its complaint committee relating to the subject of the investigation;
deleted text end
deleted text begin
(2) providing copies of records in the person's possession related to the matter under
investigation as requested by the board, its complaint committee, or the attorney general
within the time limit set by the board, its complaint committee, or the attorney general;
deleted text end
deleted text begin
(3) assisting the board, its complaint committee, or the attorney general in its
investigation; and
deleted text end
deleted text begin
(4) appearing at conferences or hearings scheduled by the board or its complaint
committee.
deleted text end
deleted text begin
Proceedings held before the board or
its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
requirements of section .
deleted text end
deleted text begin
If there is a conflict between sections to
and chapter 214, sections to shall control.
deleted text end
deleted text begin
Upon the death of a master who is
a contractor, the board may permit the decedent's representative to carry on the business
of the decedent for a period not in excess of six months, for the purpose of completing
work under contract or otherwise to comply with sections to . The
representative shall give such bond as the board may require conditioned upon the faithful
and lawful performance of such work and such bond shall be for the benefit of persons
injured or suffering financial loss by reason of failure of such performance. Such bond
shall be written by a corporate surety licensed to do business in the state of Minnesota.
Such representative shall also comply with all public liability and property damage
insurance requirements imposed by this chapter upon a licensed contractor.
deleted text end
deleted text begin
To the extent that any other state which provides for the
licensing of electricians provides for similar action the board may grant licenses, without
examination, of the same grade and class to an electrician who has been licensed by such
other state for at least one year, upon payment by the applicant of the required fee and
upon the board being furnished with proof that the required fee and upon the board being
furnished with proof that the qualifications of the applicant are equal to the qualifications
of holders of similar licenses in Minnesota.
deleted text end
new text begin
The commissioner may enter into reciprocity
agreements for personal licenses with another state if approved by the board. Once
approved by the board, the commissioner may issue a personal license without requiring
the applicant to pass an examination provided the applicant:
new text end
new text begin
(a) submits an application under section 326.242;
new text end
new text begin
(b) pays the fee required under section 326.242; and
new text end
new text begin
(c) holds a valid comparable license in the state participating in the agreement.
new text end
new text begin
Agreements are subject to the following:
new text end
new text begin
(1) The parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to Minnesota's.
new text end
new text begin
(2) The experience and training requirements under which an individual applicant
qualified for examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the applicant
acquired the license in the qualifying state.
new text end
new text begin
(3) The applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota.
A lesser class of license may be granted where the applicant has acquired a greater
class of license in the qualifying state and the applicant otherwise meets the conditions
of this subdivision.
new text end
new text begin
(4) At the time of application, the applicant must hold a valid license in the
qualifying state and have held the license continuously for at least one year before making
application in Minnesota.
new text end
new text begin
(5) An applicant is not eligible for a license under this subdivision if the applicant
has failed the same or greater class of license examination in Minnesota, or if the
applicant's license of the same or greater class has been revoked or suspended.
new text end
new text begin
(6) An applicant who has failed to renew a personal license for two years or more
after its expiration is not eligible for a license under this subdivision.
new text end
(a)new text begin An individual who isnew text end a maintenance
electrician deleted text begin who is supervised by the responsible master electrician for a contractor who
has contracted with the maintenance electrician's employer to provide services for which
a contractor's license is required or by a master electrician or an electrical engineer
registered with the board and who is an employee of an employer and is engaged in the
maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
by the employer, and performed within the limits of property which is owned or leased
and operated and maintained by said employer, shalldeleted text end new text begin isnew text end not deleted text begin bedeleted text end required to hold or obtain a
license under sections deleted text begin 326.241 to 326.248.deleted text end new text begin 326B.31 to 326B.399 if:new text end
new text begin
(1) the individual is engaged in the maintenance and repair of electrical equipment,
apparatus, and facilities that are owned or leased by the individual's employer and that are
located within the limits of property operated, maintained, and either owned or leased by
the individual's employer;
new text end
new text begin
(2) the individual is supervised by:
new text end
new text begin
(i) the responsible master electrician for a contractor who has contracted with the
individual's employer to provide services for which a contractor's license is required; or
new text end
new text begin
(ii) a licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuit and system
work, a licensed power limited technician; and
new text end
new text begin
(3) the individual's employer has filed with the commissioner a certificate of
responsible person, signed by the responsible master electrician of the contractor, the
licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
the licensed power limited technician, and stating that the person signing the certificate is
responsible for ensuring that the maintenance and repair work performed by the employer's
employees complies with the Minnesota Electrical Act and the rules adopted under that act.
new text end
(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
(a), clause (1), are not required to hold a license under sections deleted text begin 326.241 to 326.248deleted text end new text begin
326B.31 to 326B.399new text end for the planning, laying out, installing, altering, and repairing of
technology circuits or systems except planning, laying out, or installing:
(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3, except circuits that interconnect
these systems through communication, alarm, and security systems are exempted from
this paragraph;
(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
physically unprotected circuits other than class 2 or class 3; or
(3) technology circuits and systems in hazardous classified locations as covered by
chapter 5 of the National Electrical Code.
(c) Companies and their employees that plan, lay out, install, alter, or repair class
2 and class 3 remote control wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed in a residential dwelling are
not required to hold a license under sections deleted text begin 326.241 to 326.248deleted text end new text begin 326B.31 to 326B.399new text end .
(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections deleted text begin 326.241 to
326.248deleted text end new text begin 326B.31 to 326B.399new text end when performing heating, ventilating, air conditioning, or
refrigeration work as described in section 326.245.
(e) Employees of any deleted text begin electricdeleted text end new text begin electricalnew text end , communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as defined
under section 237.01 or its employees, or of any independent contractor performing work
on behalf of any such utility, cable communications company, or telephone company, shall
not be required to hold a license under sections deleted text begin 326.241 to 326.248deleted text end new text begin 326B.31 to 326B.399new text end :
(1) while performing work on installations, materials, or equipment which are owned
or leased, and operated and maintained by such utility, cable communications company, or
telephone company in the exercise of its utility, antenna, or telephone function, and which
(i) are used exclusively for the generation, transformation, distribution, transmission,
or metering of electric current, or the operation of railway signals, or the transmission
of intelligence and do not have as a principal function the consumption or use of electric
current or provided service by or for the benefit of any person other than such utility, cable
communications company, or telephone company, and
(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction, and
(iii) are not on the load side of the service point or point of entrance for
communication systems;
(2) while performing work on installations, materials, or equipment which are a part
of the street lighting operations of such utility; or
(3) while installing or performing work on outdoor area lights which are directly
connected to a utility's distribution system and located upon the utility's distribution poles,
and which are generally accessible only to employees of such utility or persons acting
under its control or direction.
(f) An owner shall not be required to hold or obtain a license under sections deleted text begin 326.241
to 326.248deleted text end new text begin 326B.31 to 326B.399new text end .
new text begin
This section is effective December 1, 2007, except that
the amendments to subdivision 8 are effective July 1, 2007, and the amendments to
subdivision 11 are effective retroactively from January 1, 2007.
new text end
Minnesota Statutes 2006, section 326.243, is amended to read:
All electrical wiring, apparatus and equipment for deleted text begin electricdeleted text end new text begin electricalnew text end light, heat
and power, technology circuits or systems shall comply with the rules of the department
deleted text begin of Commerce or the Department of Labor and Industry, as applicable,deleted text end new text begin and the boardnew text end and
be installed in conformity with accepted standards of construction for safety to life and
property. For the purposes of this chapter, the rules and safety standards stated at the
time the work is done in the then most deleted text begin recently publisheddeleted text end new text begin currentnew text end edition of the National
Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
by the American National Standards Institute, and the National Electrical Safety Code
as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
by the American National Standards Institute, shall be prima facie evidence of accepted
standards of construction for safety to life and property; provided further, that in the event
a Minnesota Building Code is formulated pursuant to section 16B.61, containing approved
methods of electrical construction for safety to life and property, compliance with said
methods of electrical construction of said Minnesota Building Code shall also constitute
compliance with this section, and provided further, that nothing herein contained shall
prohibit any political subdivision from making and enforcing more stringent requirements
than set forth herein and such requirements shall be complied with by all licensed
electricians working within the jurisdiction of such political subdivisions.
Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
(a) The installation of the technology circuits or
systems described in paragraph (b), except:
(1) minor work performed by a contractor;
(2) work performed by a heating, ventilating, or air conditioning contractor as
described in section 326.245; and
(3) work performed by cable company employees when installing cable
communications systems or telephone company employees when installing telephone
systems,
must be inspected as provided in this section for compliance with the applicable provisions
of the National Electrical Code and the applicable provisions of the National Electrical
Safety Code, as those codes were approved by the American National Standards Institute.
(b) The inspection requirements in paragraph (a) apply to:
(1) deleted text begin remote control circuits controllingdeleted text end class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3deleted text begin and indoor lightingdeleted text end , except circuits
that interconnect these systems exempted by section 326.242, subdivision 12, paragraph
(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
or devices containing physically unprotected circuits other than class 2 or class 3; or
technology circuits and systems in hazardous classified locations as covered by chapter 5
of the National Electrical Code;
(2) fire alarm systems, other than in one- or two-family dwellings, as defined in
articles 100 and 760 of the National Electrical Code;
(3) technology circuits and systems contained within critical care areas of health
care facilities as defined by the safety standards identified in section 326.243, including,
but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
monitoring, and nurse call systems; deleted text begin anddeleted text end
(4) physical security systems within detention facilitiesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) circuitry and equipment for indoor lighting systems as defined in article 411
of the National Electrical Code.
new text end
(c) For the purposes of this subdivision "minor work" means the adjustment or repair
and replacement of worn or defective parts of a technology circuit or system. Minor work
may be inspected under this section at the request of the owner of the property or the
person doing the work.
(d) Notwithstanding this subdivision, if an electrical inspector observes that a
contractor, employer, or owner has not complied with accepted standards when the
work was performed, as provided in the most recent editions of the National Electrical
Code and the National Electrical Safety Code as approved by the American National
Standards Institute, the inspector may order the contractor, employer, or owner who has
performed the work to file a request for electrical inspection, pay an inspection fee, and
make any necessary repairs to comply with applicable standards and require that the
work be inspected.
Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
to read:
new text begin
All inspectors shall hold licenses as master or
journeyman electricians under this chapter. All inspectors under contract with the
department to provide electrical inspection services shall give bond in the amount of
$1,000, conditioned upon the faithful performance of their duties.
new text end
Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read:
(a) At or before commencement of any installation required
to be inspected by the deleted text begin boarddeleted text end new text begin commissionernew text end , the contractor, installer, special electrician,
or owner making the installation shall submit to the deleted text begin boarddeleted text end new text begin commissionernew text end a request
for inspection, in a form prescribed by the deleted text begin boarddeleted text end new text begin commissionernew text end , together with the fees
required for the installation.
(b) The fees required are a handling fee and an inspection fee. The handling fee shall
be set by the deleted text begin boarddeleted text end new text begin commissionernew text end in an amount sufficient to pay the cost of printing and
handling the form requesting an inspection. The inspection fee shall be set by the deleted text begin boarddeleted text end new text begin
commissionernew text end in an amount sufficient to pay the actual costs of the inspection and the
deleted text begin board'sdeleted text end new text begin commissioner'snew text end costs in administering the inspection. All fees shall be set pursuant
to the procedure of sections 14.001 to 14.69.
(c) If the inspector finds that the installation is not in compliance with accepted
standards of construction for safety to life and property as required by section 326.243, the
inspector shall by written order condemn the installation or noncomplying portion thereof,
or order service to the installation disconnected, and shall send a copy of the order to
the deleted text begin boarddeleted text end new text begin commissionernew text end . If the installation or the noncomplying part will seriously and
proximately endanger human life and property, the order of the inspector, when approved
by the inspector's superior, shall require immediate condemnation or disconnection. In
all other cases, the order of the inspector shall permit a reasonable opportunity for the
installation to be brought into compliance with accepted standards of construction for
safety to life and property prior to the effective time established for condemnation or
disconnection.
(d) Copies of each condemnation or disconnection order shall be served personally
or by mail upon the property owner, and the contractor, installer, or special electrician
making the installation, and other persons as the deleted text begin boarddeleted text end new text begin commissionernew text end by rule may direct.
An aggrieved party may appeal any condemnation or disconnection order by filing with the
deleted text begin boarddeleted text end new text begin commissionernew text end a notice of appeal within ten days after (1) service upon the aggrieved
party of the condemnation or disconnection order, if this service is required, or (2) filing
of the order with the deleted text begin boarddeleted text end new text begin commissionernew text end , whichever is later. The appeal shall proceed
and the order of the inspector shall have the effect the order, by its terms, and the rules of
the deleted text begin boarddeleted text end new text begin commissionernew text end provides. The deleted text begin boarddeleted text end new text begin commissionernew text end shall adopt rules providing
procedures for the conduct of appeals, including provisions for the stay of enforcement of
the order of the inspector pending such appeal when justified by the circumstances.
Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read:
No electrical installation subject to inspection
by the deleted text begin boarddeleted text end new text begin commissionernew text end shall be newly connected or reconnected for use until there
is filed with the electrical utility supplying power a certificate of the property owner or
licensed electrician, directing the work that inspection has been requested and that the
conditions of the installation are safe for energization, provided further, that in all cases
where an order of condemnation or disconnection has been issued against the installation
or any part thereof, prior to connection or reconnection there shall also first be filed with
the electrical utility supplying the power a copy of an order of the inspector or the deleted text begin boarddeleted text end new text begin
commissionernew text end dismissing such prior order of condemnation or disconnection or approving
the installation as being in compliance with accepted standards of construction for safety
to life and property. With respect to transient projects, the aforesaid certificate shall also
contain a certification that the request for inspection has been or will be filed with the
deleted text begin boarddeleted text end new text begin commissionernew text end so as to be received by it at least five days prior to the date and time
energization of the installation by the utility is to occur, and that the request for inspection
states such date and time, and it shall be the responsibility of the deleted text begin boarddeleted text end new text begin commissionernew text end
to have inspection of such transient project occur prior to the date and time at which
the request states energization is to occur.
Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read:
Any political subdivision or the
University of Minnesota may make provision for inspection of electrical installations
within its jurisdiction, in which case it shall keep on file with the deleted text begin boarddeleted text end new text begin commissionernew text end
copies of its current inspection ordinances and codes. No political subdivision or the
University of Minnesota shall require any individual, partnership, corporation or other
business association holding a license from the deleted text begin boarddeleted text end new text begin commissionernew text end under sections
deleted text begin 326.241 to 326.248deleted text end new text begin 326B.31 to 326B.399new text