Minnesota Legislature
HF 1208
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; changing provisions for construction codes and
1.3licensing provisions; providing penalties and enforcement; clarifying and
1.4modifying the statute limitations of action for damages based on services or
1.5construction to improve real property; instructing the revisor to renumber
1.6certain statutory sections; appropriating money;amending Minnesota Statutes
1.72006, sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61;
1.816B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding a
1.9subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions
1.101, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4;
1.1116B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99,
1.12subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3;
1.13178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2;
1.14183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51;
1.15183.54, subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57,
1.16subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01,
1.17subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37,
1.18subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j,
1.196k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244, subdivisions
1.201a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.248; 326.37;
1.21326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by adding
1.22subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59;
1.23326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83,
1.24subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87;
1.25326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921;
1.26326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1;
1.27326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by
1.28adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34,
1.29subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01,
1.30subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4,
1.316, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40,
1.32subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465;
1.33471.466; 471.467; 471.471; 541.051; proposing coding for new law in Minnesota
1.34Statutes, chapters 326; 327B; proposing coding for new law as Minnesota
1.35Statutes, chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665;
1.3616B.747, subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6;
1.37183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54,
1.38subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01,
1.39subdivisions 4, 6h, 9, 10, 11, 12, 13; 326.241; 326.242, subdivisions 4, 9, 9a, 9b,
2.19c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461;
2.2326.247; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5;
2.3326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85;
2.4326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05,
2.5subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010;
2.62891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750;
2.73800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880;
2.85225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040;
2.95230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.
2.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.13 Section 1. REVISOR'S INSTRUCTION.
2.14 In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
2.151346, 1350, 1360, and 7672, the revisor of statutes shall:
2.16 (1) change the term "commissioner of administration" to "commissioner of labor
2.17and industry";
2.18 (2) change the term "Department of Administration" to "Department of Labor and
2.19Industry";
2.20 (3) change the term "Department of Administration's Building Codes and Standards
2.21Division" to "Department of Labor and Industry"; and
2.22 (4) change the term "director of the Building Codes and Standards Division of the
2.23Department of Administration" to "individual appointed by the commissioner of labor and
2.24industry to administer the code."
2.25EFFECTIVE DATE.This section is effective the day following final enactment.
2.28 Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
2.29read:
2.30 Subdivision 1. State Fire Code rulemaking authority. The commissioner of
2.31public safety through the Division of Fire Marshal may promulgate labor and industry,
2.32consistent with the recommendations of the state fire marshal, shall adopt a State Fire
2.33Code and make amendments thereto in accordance with the Administrative Procedure Act
2.34in chapter 14. The code and its amendments shall conform insofar as practicable to model
2.35fire codes generally accepted and in use throughout the United States, with consideration
2.36given to existing statewide specialty codes presently in use in the state of Minnesota.
3.1Statewide specialty codes and model codes with necessary modifications may be adopted
3.2by reference in accordance with section14.07, subdivision 4 .
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 2. [326B.01] DEFINITIONS.
3.5 Subdivision 1. Scope. The definitions in this section apply to chapter 326B.
3.6 Subd. 2. ASME. "ASME" means the American Society of Mechanical Engineers.
3.7 Subd. 3. Commissioner. "Commissioner" means the commissioner of labor
3.8and industry or a duly designated representative of the commissioner who is either an
3.9employee of the Department of Labor and Industry or a person working under contract
3.10with the department.
3.11 Subd. 4. Department. "Department" means the Department of Labor and Industry.
3.12 Subd. 5. Day. "Day" means calendar day unless otherwise provided.
3.13 Subd. 6. Individual. "Individual" means a human being.
3.14 Subd. 7. Person. "Person" means any individual, limited liability company,
3.15corporation, partnership, incorporated or unincorporated association, sole proprietorship,
3.16joint stock company, or any other legal or commercial entity.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 3. [326B.02] POWERS.
3.19 Subdivision 1. Transfer of responsibilities. The responsibilities of the
3.20commissioner of administration relating to the state building code, sections 16B.59 to
3.2116B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
3.22manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
3.23warranties in connection with the sale of dwellings and home improvement work, chapter
3.24327A, are transferred under section 15.039 to the commissioner of labor and industry
3.25as amended and recodified in this chapter. The responsibilities of the commissioner of
3.26health relating to the state plumbing code and licensing, sections 16B.61, 144.99 to
3.27144.993, and 326.37 to 326.45, and water conditioning contractors and installers, sections
3.28326.57 to 326.65, are transferred under section 15.039 to the commissioner of labor and
3.29industry as amended and recodified in this chapter except for responsibilities transferred
3.30to the Plumbing Board as expressly provided in this chapter. The responsibilities of the
3.31commissioner of commerce relating to residential contractors, residential remodelers,
3.32residential roofers, manufactured home installers, and the contractor's recovery fund under
3.33sections 45.027 to 45.23 and 326.83 to 326.992 are transferred under section 15.039
4.1to the commissioner of labor and industry as amended and recodified in this chapter.
4.2The responsibilities of the Board of Electricity relating to the State Electrical Code and
4.3licensing, sections 16B.61 and 326.241 to 326.248, are transferred under section 15.039
4.4to the commissioner of labor and industry as amended and recodified in this chapter
4.5except for responsibilities transferred to the Board of Electricity as expressly provided
4.6in this chapter.
4.7 Subd. 2. Transfer of Authority. The commissioner of administration may not use
4.8the authority under section 16B.37 to modify the transfers of authority to the Plumbing
4.9Board, the Board of Electricity, or the Board of High Pressure Piping Systems under
4.10this chapter.
4.11 Subd. 3. Definition of responsibilities. For purposes of subdivision 1,
4.12responsibilities include powers, duties, rights, obligations, and other authority imposed
4.13by law.
4.14 Subd. 4. State fire marshal cooperation. The state fire marshal shall work with the
4.15commissioner to improve the delivery of services to the public through the coordination
4.16of services and utilization of technology.
4.17 Subd. 5. General rulemaking authority. The commissioner may, under the
4.18rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
4.19amend, suspend, and repeal rules relating to the commissioner's responsibilities under this
4.20chapter, except for rules for which the rulemaking authority is expressly transferred to the
4.21Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems.
4.22EFFECTIVE DATE.This section is effective the day following final enactment.
4.23 Sec. 4. [326B.04] DEPOSIT OF MONEY.
4.24 Subdivision 1. Construction code fund. There is created in the state treasury
4.25a construction code fund as a special revenue fund for the purpose of administering this
4.26chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
4.27sections, except penalties, is credited to the construction code fund unless otherwise
4.28specifically designated by law. Any interest or profit accruing from investment of these
4.29sums is credited to the construction code fund. All money collected in the construction
4.30code fund is appropriated to the commissioner to administer and enforce the provisions
4.31identified in this section.
4.32 Unless otherwise provided by law, all penalties assessed under this chapter, section
4.33327.35, and chapter 327B are credited to the assigned risk safety account established
4.34by section 79.253.
5.1 Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
5.2government special revenue fund and special revenue fund accounts maintained for
5.3the Building Codes and Standards Division, Board of Electricity, and plumbing and
5.4engineering unit are transferred to the construction code fund. Unless otherwise
5.5specifically designated by law: (1) all money collected under chapter 183 and sections
5.616B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57
5.7to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties,
5.8is credited to the construction code fund; (2) all fees collected under section 45.23 in
5.9connection with continuing education for residential contractors, residential remodelers,
5.10and residential roofers are credited to the construction code fund; and (3) all penalties
5.11assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under
5.12sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
5.13or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned
5.14risk safety account established by section 79.253.
5.15EFFECTIVE DATE.This section is effective July 1, 2007.
5.16 Sec. 5. [326B.06] BONDS.
5.17 Bonds issued under this chapter are not state bonds or contracts for purposes of
5.18sections 8.05 and 16C.05, subdivision 2.
5.19 Sec. 6. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
5.20 The commissioner shall not be subject to subpoena for purposes of providing expert
5.21testimony, except in an enforcement proceeding brought by the commissioner.
5.22 Sec. 7. APPOINTMENT AND FIRST MEETING OF BOARDS.
5.23 The governor must make the appointments to the Board of Electricity, the Plumbing
5.24Board, and the Board of High Pressure Piping Systems no later than July 1, 2007. The
5.25commissioner of labor and industry must convene the first meeting of each board no later
5.26than September 1, 2007.
5.29 Section 1. [326B.081] DEFINITIONS.
5.30 Subdivision 1. Application. For purposes of sections 326B.081 to 326B.085, the
5.31terms defined in this section have the meanings given them.
6.1 Subd. 2. Administrative order. "Administrative order" means an order issued
6.2under section 326B.082, subdivision 7.
6.3 Subd. 3. Applicable law. "Applicable law" means the provisions of sections
6.4326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders,
6.5stipulation agreements, settlements, compliance agreements, licenses, registrations,
6.6certificates, and permits adopted, issued, or enforced by the department under sections
6.7326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
6.8 Subd. 4. Document or documents. "Document" or "documents" includes papers;
6.9books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
6.10digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
6.11invoices; bills; notes; and calendars maintained in any form or manner.
6.12 Subd. 5. Final. "Final" when used to describe any order issued under section
6.13326B.082 means that:
6.14 (1) no request for hearing in connection with the order was filed in the manner and
6.15within the time provided by section 326B.082;
6.16 (2) all requests for hearing have been withdrawn;
6.17 (3) an agreement that resolves the order has been signed by all the parties; or
6.18 (4) after the filing of a request for hearing, an order has been issued by the
6.19commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
6.20pursued or forgone.
6.21 Subd. 6. Licensing order. "Licensing order" means an order issued under section
6.22326B.082, subdivision 12, paragraph (a).
6.23 Subd. 7. Minimum qualifications. "Minimum qualifications" means the
6.24educational, experience, fee, examination, application, and other eligibility requirements
6.25that an applicant must meet in order to obtain a license, registration, certificate, or
6.26permit under the applicable law. For an applicant that is not an individual, the minimum
6.27qualifications include the requirement that an employee or other individual associated
6.28with the applicant hold a license.
6.29 Subd. 8. Stop order. "Stop order" means an order issued under section 326B.082,
6.30subdivision 10.
6.31 Sec. 2. [326B.082] ENFORCEMENT.
6.32 Subdivision 1. Remedies available. The commissioner may enforce all applicable
6.33law under this section. The commissioner may use any enforcement provision in this
6.34section, including the assessment of monetary penalties, against a person required to have
6.35a license, registration, certificate, or permit under the applicable law based on conduct
7.1that would provide grounds for action against a licensee, registrant, certificate holder,
7.2or permit holder under the applicable law. The use of an enforcement provision in this
7.3section shall not preclude the use of any other enforcement provision in this section or
7.4otherwise provided by law.
7.5 Subd. 2. Access to information and property; subpoenas. (a) In order to carry out
7.6the purposes of the applicable law, the commissioner may:
7.7 (1) administer oaths and affirmations, certify official acts, interview, question, take
7.8oral or written statements, and take depositions;
7.9 (2) request, examine, take possession of, test, sample, measure, photograph, record,
7.10and copy any documents, apparatus, devices, equipment, or materials;
7.11 (3) at a time and place indicated by the commissioner, request persons to appear
7.12before the commissioner to give testimony and produce documents, apparatus, devices,
7.13equipment, or materials;
7.14 (4) issue subpoenas to compel persons to appear before the commissioner to give
7.15testimony and produce documents, apparatus, devices, equipment, or materials; and
7.16 (5) with or without notice, enter without delay upon any property, public or private,
7.17for the purpose of taking any action authorized under this subdivision or the applicable
7.18law, including obtaining information, remedying violations, or conducting surveys,
7.19inspections, or investigations.
7.20 (b) Persons requested by the commissioner to give testimony or produce documents,
7.21apparatus, devices, equipment, or materials shall respond within the time and in the manner
7.22specified by the commissioner. If no time to respond is specified in the request, then a
7.23response shall be submitted within 30 days of the commissioner's service of the request.
7.24 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
7.25owner's representative, or lessee's representative to permit the commissioner's entry onto
7.26property as provided in paragraph (a), the commissioner may apply for an administrative
7.27inspection order in the Ramsey County District Court or, at the commissioner's discretion,
7.28in the district court in the county in which the property is located. The commissioner may
7.29anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
7.30property owner's representative, or lessee's representative has refused to permit entry on a
7.31prior occasion or has informed the commissioner that entry will be refused. Upon showing
7.32of administrative probable cause by the commissioner, the district court shall issue an
7.33administrative inspection order that compels the property owner or lessee to permit the
7.34commissioner to enter the property for the purposes specified in paragraph (a).
8.1 (d) Upon the application of the commissioner, a district court shall treat the failure of
8.2any person to obey a subpoena lawfully issued by the commissioner under this subdivision
8.3as a contempt of court.
8.4 Subd. 3. Service. Unless otherwise specified, service of a document on a person
8.5under this section or section 326B.083 may be by mail, by personal service, or in
8.6accordance with any consent to service filed with the commissioner. Service by mail shall
8.7be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
8.82. Personal service shall be accomplished in the manner provided in Minnesota Rules,
8.9part 1400.5550, subpart 3.
8.10 Subd. 4. Fax transmission. When this section or section 326B.083 permits a
8.11request for reconsideration or request for hearing to be served by fax on the commissioner,
8.12the fax shall not exceed 15 pages in length. The request shall be considered timely
8.13served if the fax is received by the commissioner, at the fax number identified by the
8.14commissioner in the order or notice of violation, no later than 4:30 p.m. central time on
8.15the last day permitted for faxing the request. Where the quality or authenticity of the faxed
8.16request is at issue, the commissioner may require the original request to be filed. Where
8.17the commissioner has not identified quality or authenticity of the faxed request as an issue
8.18and the request has been faxed in accordance with this subdivision, the person faxing the
8.19request does not need to file the original request with the commissioner.
8.20 Subd. 5. Time computation. In computing any period of time prescribed or allowed
8.21by this section, the day of the act, event, or default from which the designated period of
8.22time begins to run shall not be included. The last day of the period so computed shall be
8.23included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
8.24until the next day which is not a Saturday, Sunday, or legal holiday.
8.25 Subd. 6. Notices of violation. (a) The commissioner may issue a notice of violation
8.26to any person who the commissioner determines has committed a violation of the
8.27applicable law. The notice of violation must state a summary of the facts that constitute
8.28the violation and the applicable law violated. The notice of violation may require the
8.29person to correct the violation. If correction is required, the notice of violation must state
8.30the deadline by which the violation must be corrected.
8.31 (b) The commissioner shall issue the notice of violation by:
8.32 (1) serving the notice of violation on the property owner or on the person who
8.33committed the violation; or
8.34 (2) posting the notice of violation at the location where the violation occurred.
8.35 (c) If the person to whom the commissioner has issued the notice of violation
8.36believes the notice was issued in error, then the person may request reconsideration of the
9.1parts of the notice that the person believes are in error. The request for reconsideration
9.2must be in writing and must be served on or faxed to the commissioner at the address or
9.3fax number specified in the notice of violation by the tenth day after the commissioner
9.4issued the notice of violation. The date on which a request for reconsideration is served by
9.5mail shall be the postmark date on the envelope in which the request for reconsideration is
9.6mailed. If the person does not serve or fax a written request for reconsideration or if the
9.7person's written request for reconsideration is not served on or faxed to the commissioner
9.8by the tenth day after the commissioner issued the notice of violation, the notice of
9.9violation shall become a final order of the commissioner and will not be subject to review
9.10by any court or agency. The request for reconsideration must:
9.11 (1) specify which parts of the notice of violation the person believes are in error;
9.12 (2) explain why the person believes the parts are in error; and
9.13 (3) provide documentation to support the request for reconsideration.
9.14 The commissioner shall respond in writing to requests for reconsideration
9.15made under this paragraph within 15 days after receiving the request. A request for
9.16reconsideration does not stay a requirement to correct a violation as set forth in the notice
9.17of violation. After reviewing the request for reconsideration, the commissioner may
9.18affirm, modify, or rescind the notice of violation. The commissioner's response to a
9.19request for reconsideration is final and shall not be reviewed by any court or agency.
9.20 Subd. 7. Administrative orders; correction; assessment of monetary
9.21penalties. (a) The commissioner may issue an administrative order to any person who
9.22the commissioner determines has committed a violation of the applicable law. The
9.23commissioner shall issue the administrative order by serving the administrative order on
9.24the person. The administrative order may require the person to correct the violation,
9.25may require the person to cease and desist from committing the violation, and may
9.26assess monetary penalties. The commissioner shall follow the procedures in section
9.27326B.083 when issuing administrative orders. Except as provided in paragraph (b), the
9.28commissioner may issue to each person a monetary penalty of up to $10,000 for each
9.29violation of applicable law committed by the person. The commissioner may order that
9.30part or all of the monetary penalty will be forgiven if the person to whom the order is
9.31issued demonstrates to the commissioner by the 31st day after the order is issued that
9.32the person has corrected the violation or has developed a correction plan acceptable to
9.33the commissioner.
9.34 (b) The commissioner may issue an administrative order for failure to correct a
9.35violation by the deadline stated in a final administrative order issued under paragraph (a).
10.1Each day after the deadline during which the violation remains uncorrected is a separate
10.2violation for purposes of calculating the maximum monetary penalty amount.
10.3 (c) Upon the application of the commissioner, a district court shall find the failure of
10.4any person to correct a violation as required by a final administrative order issued by the
10.5commissioner under this subdivision as a contempt of court.
10.6 Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the
10.7commissioner issues an administrative order or within 20 days after the commissioner
10.8issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
10.9person to whom the administrative order or notice is issued may request an expedited
10.10hearing to review the commissioner's order or notice. The request for hearing must be
10.11in writing and must be served on or faxed to the commissioner at the address or fax
10.12number specified in the order or notice. If the person does not request a hearing or if the
10.13person's written request for hearing is not served on or faxed to the commissioner by the
10.1430th day after the commissioner issues the administrative order or the 20th day after the
10.15commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
10.16clause (3), the order will become a final order of the commissioner and will not be subject
10.17to review by any court or agency. The date on which a request for hearing is served by
10.18mail shall be the postmark date on the envelope in which the request for hearing is mailed.
10.19The hearing request must specifically state the reasons for seeking review of the order or
10.20notice. The person to whom the order or notice is issued and the commissioner are the
10.21parties to the expedited hearing. The commissioner must notify the person to whom the
10.22order or notice is issued of the time and place of the hearing at least 15 days before the
10.23hearing. The expedited hearing must be held within 45 days after a request for hearing has
10.24been served on the commissioner unless the parties agree to a later date.
10.25 (b) All written arguments must be submitted within ten days following the close of
10.26the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
10.271400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
10.28consultation with the agency, adopt rules specifically applicable to cases under this section.
10.29 (c) The administrative law judge shall issue a report making findings of fact,
10.30conclusions of law, and a recommended order to the commissioner within 30 days
10.31following the close of the record.
10.32 (d) If the administrative law judge makes a finding that the hearing was requested
10.33solely for purposes of delay or that the hearing request was frivolous, the commissioner
10.34may add to the amount of the penalty the costs charged to the department by the Office of
10.35Administrative Hearings for the hearing.
11.1 (e) If a hearing has been held, the commissioner shall not issue a final order until
11.2at least five days after the date of the administrative law judge's report. Any person
11.3aggrieved by the administrative law judge's report may, within those five days, serve
11.4written comments to the commissioner on the report and the commissioner shall consider
11.5the comments. The commissioner's final order may be appealed in the manner provided in
11.6sections 14.63 to 14.69.
11.7 Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
11.8commissioner may bring an action for injunctive relief in the Ramsey County District
11.9Court or, at the commissioner's discretion, in the district court in the county in which the
11.10commissioner has determined a violation of the applicable law has occurred or is about to
11.11occur to enjoin the violation. A temporary restraining order and other injunctive relief
11.12shall be granted by the district court if the court determines that a person has engaged in or
11.13is about to engage in an act, conduct, or practice constituting a violation of the applicable
11.14law. The commissioner shall not be required to show irreparable harm.
11.15 Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection
11.16or investigation that a person has violated or is about to violate the applicable law, the
11.17commissioner may issue to the person a stop order requiring the person to cease and desist
11.18from committing the violation.
11.19 (b) If the commissioner determines that a condition exists on real property that
11.20violates the applicable law, the commissioner may issue a stop order to the owner or
11.21lessee of the real property to cease and desist from committing the violation and to correct
11.22the condition that is in violation.
11.23 (c) The commissioner shall issue the stop work order by:
11.24 (1) serving the order on the person who has committed or is about to commit the
11.25violation;
11.26 (2) posting the order at the location where the violation was committed or is about to
11.27be committed or at the location where the violating condition exists; or
11.28 (3) serving the order on any owner or lessee of the real property where the violating
11.29condition exists.
11.30 (d) A stop order shall:
11.31 (1) describe the act, conduct, or practice committed or about to be committed, or the
11.32condition, and include a reference to the applicable law that the act, conduct, practice, or
11.33condition violates or would violate; and
11.34 (2) provide notice that any person aggrieved by the stop order may request a hearing
11.35as provided in paragraph (e).
12.1 (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
12.2by the order may request an expedited hearing to review the commissioner's action.
12.3The request for hearing must be made in writing and must be served on or faxed to the
12.4commissioner at the address or fax number specified in the order. If the person does not
12.5request a hearing or if the person's written request for hearing is not served on or faxed to
12.6the commissioner on or before the 30th day after the commissioner issued the stop order,
12.7the order will become a final order of the commissioner and will not be subject to review
12.8by any court or agency. The date on which a request for hearing is served by mail is the
12.9postmark date on the envelope in which the request for hearing is mailed. The hearing
12.10request must specifically state the reasons for seeking review of the order. The person who
12.11requested the hearing and the commissioner are the parties to the expedited hearing. The
12.12hearing shall be commenced within ten days after the commissioner receives the request
12.13for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
12.141400.8612, as modified by this subdivision. The administrative law judge shall issue a
12.15report containing findings of fact, conclusions of law, and a recommended order within
12.16ten days after the conclusion of the hearing. Any party aggrieved by the administrative
12.17law judge's report shall have five days after the date of the administrative law judge's
12.18report to submit exceptions and argument to the commissioner. Within 15 days after
12.19receiving the administrative law judge's report, the commissioner shall issue an order
12.20vacating, modifying, or making permanent the stop order. The commissioner and the
12.21person requesting the hearing may by agreement lengthen any time periods described in
12.22this paragraph. The Office of Administrative Hearings may, in consultation with the
12.23agency, adopt rules specifically applicable to cases under this subdivision.
12.24 (f) A stop order issued under this subdivision shall be in effect until it is modified or
12.25vacated by the commissioner or an appellate court. The administrative hearing provided
12.26by this subdivision and any appellate judicial review as provided in chapter 14 shall
12.27constitute the exclusive remedy for any person aggrieved by a stop order.
12.28 (g) Upon the application of the commissioner, a district court shall find the failure of
12.29any person to comply with a final stop order lawfully issued by the commissioner under
12.30this subdivision as a contempt of court.
12.31 Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
12.32deny an application for a permit, license, registration, or certificate if the applicant does
12.33not meet or fails to maintain the minimum qualifications for holding the permit, license,
12.34registration, or certificate, or has any unresolved violations or unpaid fees or monetary
12.35penalties related to the activity for which the permit, license, registration, or certificate has
12.36been applied for or was issued.
13.1 (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
13.2person's permit, license, registration, or certificate, or censure the person holding the
13.3permit, license, registration, or certificate, if the commissioner finds that the person:
13.4 (1) committed one or more violations of the applicable law;
13.5 (2) submitted false or misleading information to the state in connection with
13.6activities for which the permit, license, registration, or certificate was issued, or in
13.7connection with the application for the permit, license, registration, or certificate;
13.8 (3) allowed the alteration or use of the person's own permit, license, registration,
13.9or certificate by another person;
13.10 (4) within the previous five years, was convicted of a crime in connection with
13.11activities for which the permit, license, registration, or certificate was issued;
13.12 (5) violated a final administrative order issued under subdivision 7 or a final stop
13.13order issued under subdivision 10, or injunctive relief issued under subdivision 9;
13.14 (6) failed to cooperate with a commissioner's request to give testimony, to produce
13.15documents, things, apparatus, devices, equipment, or materials, or to access property
13.16under subdivision 2;
13.17 (7) retaliated in any manner against any employee or person who is questioned by,
13.18cooperates with, or provides information to the commissioner or an employee or agent
13.19authorized by the commissioner who seeks access to property or things under subdivision
13.202;
13.21 (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
13.22 (9) performed work in connection with the permit, license, registration, or
13.23certificate or conducted the person's affairs in a manner that demonstrates incompetence,
13.24untrustworthiness, or financial irresponsibility.
13.25 (c) If the commissioner revokes a person's permit, license, registration, or certificate
13.26under paragraph (b), the person is prohibited from reapplying for the same type of permit,
13.27license, registration, or certificate for at least two years after the effective date of the
13.28revocation. The commissioner may, as a condition of reapplication, require the person to
13.29obtain a bond or comply with additional reasonable conditions the commissioner considers
13.30necessary to protect the public.
13.31 (d) If a permit, license, registration, or certificate expires, or is surrendered,
13.32withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
13.33institute a proceeding under this subdivision within two years after the permit, license,
13.34registration, or certificate was last effective and enter a revocation or suspension order as
13.35of the last date on which the permit, license, registration, or certificate was in effect.
14.1 Subd. 12. Issuance of licensing orders; hearings related to licensing orders.
14.2 (a) If the commissioner determines that a permit, license, registration, or certificate
14.3should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
14.4or that the permit holder, licensee, registrant, or certificate holder should be censured
14.5under subdivision 11, then the commissioner shall issue to the person an order denying,
14.6conditioning, limiting, suspending, or revoking the person's permit, license, registration,
14.7or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
14.8 (b) Any order issued under paragraph (a) may include an assessment of monetary
14.9penalties and may require the person to cease and desist from committing the violation
14.10or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
14.11monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
14.12committed by the person. The procedures in section 326B.083 must be followed when
14.13issuing orders under paragraph (a).
14.14 (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
14.15the commissioner issues an order under paragraph (a) shall have 30 days after service of
14.16the order to request a hearing. The request for hearing must be in writing and must be
14.17served on or faxed to the commissioner at the address or fax number specified in the order
14.18by the 30th day after service of the order. If the person does not request a hearing or if
14.19the person's written request for hearing is not served on or faxed to the commissioner
14.20by the 30th day after service of the order, the order shall become a final order of the
14.21commissioner and will not be subject to review by any court or agency. The date on which
14.22a request for hearing is served by mail shall be the postmark date on the envelope in which
14.23the request for hearing is mailed. If the person submits to the commissioner a timely
14.24request for hearing, a contested case hearing shall be held in accordance with chapter 14.
14.25 (d) Paragraph (c) does not apply to summary suspension under subdivision 13.
14.26 Subd. 13. Summary suspension. In any case where the commissioner has
14.27issued an order to revoke or suspend a license, registration, certificate, or permit under
14.28subdivision 12, the commissioner may summarily suspend the person's permit, license,
14.29registration, or certificate before the order becomes final. The commissioner shall issue a
14.30summary suspension order when the safety of life or property is threatened or to prevent
14.31the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
14.32public. The summary suspension shall not affect the deadline for submitting a request
14.33for hearing under subdivision 12. If the commissioner summarily suspends a person's
14.34permit, license, registration, or certificate, a timely request for hearing submitted under
14.35subdivision 12 shall also be considered a timely request for hearing on continuation of
14.36the summary suspension. If the commissioner summarily suspends a person's permit,
15.1license, registration, or certificate under this subdivision and the person submits a timely
15.2request for a hearing, then a hearing on continuation of the summary suspension must be
15.3held within ten days after the commissioner receives the request for hearing unless the
15.4parties agree to a later date.
15.5 Subd. 14. Plan for assessing penalties. The commissioner may prepare a plan for
15.6assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
15.7provide a 30-day period for public comment on any such plan. Penalties assessed by the
15.8commissioner in accordance with the plan shall be presumed reasonable.
15.9 Subd. 15. Effect on other laws. Nothing in this section shall be construed to limit
15.10the application of other state or federal laws, including specifically but not exclusively
15.11section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
15.12permit, license, registration, or certificate issued by the commissioner.
15.13 Subd. 16. Misdemeanor penalties. Except as otherwise provided by law, a person
15.14who violates an applicable law is guilty of a misdemeanor.
15.15 Subd. 17. Revocation and suspension of license. If a person fails to pay a penalty
15.16owed under this section or section 326B.083, the commissioner may revoke, suspend, or
15.17deny any or all licenses, permits, certificates, and registrations issued by the department.
15.18 Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF
15.19ADMINISTRATIVE AND LICENSING ORDERS.
15.20 Subdivision 1. Amount of penalty; considerations. In determining the amount of
15.21a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
15.22consider the factors described in section 14.045, subdivision 3.
15.23 Subd. 2. Contents of administrative order and licensing order. (a) An
15.24administrative order and a licensing order must include:
15.25 (1) a summary of the facts that constitute the violation or violations;
15.26 (2) a reference to the applicable law that has been violated; and
15.27 (3) a statement of the person's right to request a hearing.
15.28 (b) An administrative order may include a requirement that the violation be
15.29corrected. If the order includes a requirement that the violation be corrected, then the
15.30order must include, in addition to any statements required under paragraphs (a) and (c),
15.31the deadline by which the violation must be corrected.
15.32 (c) An administrative order or a licensing order may assess monetary penalties. If
15.33the order assesses monetary penalties, then the order must include, in addition to any
15.34statements required under paragraphs (a) and (b):
15.35 (1) a statement of the amount of the monetary penalty imposed;
16.1 (2) a statement that, when the order becomes final, the commissioner may file and
16.2enforce the unpaid portion of a penalty as a judgment in district court without further
16.3notice or additional proceedings; and
16.4 (3) if the order is an administrative order, a statement of the amount of the penalty,
16.5if any, that will be forgiven if the person who is subject to the order demonstrates to the
16.6commissioner by the 31st day after the order is served that the person has corrected the
16.7violation or has developed a correction plan acceptable to the commissioner.
16.8 Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then
16.9the penalty is due and payable on the date the administrative order becomes final unless
16.10some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
16.11then the penalty is due and payable on the date the licensing order becomes final.
16.12 (b) This paragraph applies if an administrative order includes a penalty assessment
16.13and all or a portion of the penalty is forgivable.
16.14 (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
16.15and payable ten days after the date the administrative order becomes final.
16.16 (2) The commissioner shall forgive the forgivable portion of the penalty if the
16.17commissioner determines that the violation has been corrected within the time set by
16.18the order or the person to whom the order was issued has developed a correction plan
16.19acceptable to the commissioner within the time set by the order.
16.20 (3) If the commissioner determines that the person to whom the order was issued
16.21has failed to correct the violation within the time set by the order or has failed to develop
16.22a correction plan acceptable to the commissioner within the time set by the order, then
16.23the forgivable portion of the penalty is due and payable ten days after the commissioner
16.24serves notice of the determination on the person or on the date the administrative order
16.25becomes final, whichever is later.
16.26 (c) This paragraph applies if an administrative order or a licensing order includes a
16.27penalty assessment and if the person subject to the order has requested a hearing. The
16.28administrative law judge may not recommend a change in the amount of the penalty if
16.29the penalty was assessed in accordance with a plan prepared under section 326B.082,
16.30subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
16.31subdivision 14, then the administrative law judge may not recommend a change in the
16.32amount of the penalty unless the administrative law judge determines that, based on the
16.33factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
16.34 (d) The assessment of a penalty does not preclude the use of other enforcement
16.35provisions, under which penalties are not assessed, in connection with the violation for
16.36which the penalty was assessed.
17.1 Sec. 4. [326B.084] FALSE INFORMATION.
17.2 A person subject to any of the requirements in the applicable law may not make a
17.3false material statement, representation, or certification in; omit material information
17.4from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
17.5or other document required under the applicable law.
17.6 Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
17.7 In any action brought by the commissioner for enforcement of an order issued
17.8under section 326B.082 for injunctive relief, or to compel performance pursuant to the
17.9applicable law, if the state finally prevails, the state, in addition to other penalties provided
17.10by law, may be allowed an amount determined by the court to be the reasonable value of
17.11all or part of the litigation expenses incurred by the state. In determining the amount of
17.12the litigation expenses to be allowed, the court shall give consideration to the economic
17.13circumstances of the defendant.
17.14 Sec. 6. REVISOR'S INSTRUCTION.
17.15 The revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
17.16subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.
17.19 Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
17.20 Subd. 2. Powers and duties, general. Subject to other provisions of this chapter,
17.21the commissioner is authorized to:
17.22 (1) supervise, control, review, and approve all state contracts and purchasing;
17.23 (2) provide agencies with supplies and equipment and operate all central store or
17.24supply rooms serving more than one agency;
17.25 (3) investigate and study the management and organization of agencies, and
17.26reorganize them when necessary to ensure their effective and efficient operation;
17.27 (4) manage and control state property, real and personal;
17.28 (5) maintain and operate all state buildings, as described in section16B.24,
17.29subdivision 1 ;
17.30 (6) supervise, control, review, and approve all capital improvements to state
17.31buildings and the capitol building and grounds;
17.32 (7) provide central duplicating, printing, and mail facilities;
17.33 (8) oversee publication of official documents and provide for their sale;
18.1 (9) manage and operate parking facilities for state employees and a central motor
18.2pool for travel on state business; and
18.3(10) establish and administer a State Building Code; and
18.4(11) (10) provide rental space within the capitol complex for a private day care
18.5center for children of state employees. The commissioner shall contract for services as
18.6provided in this chapter. The commissioner shall report back to the legislature by October
18.71, 1984, with the recommendation to implement the private day care operation.
18.8 Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
18.9 Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner
18.10of labor and industry in consultation with each industry board and the Construction Codes
18.11Advisory Council in accordance with sections 16B.59 to 16B.75.
18.12 Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
18.13 Subd. 7.Physically disabled Person with a disability. "Physically disabled" means
18.14having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities
18.15of aging, or other disabilities that significantly reduce mobility, flexibility, coordination,
18.16or perceptiveness. "Person with a disability" or "persons with disabilities" includes
18.17people who have a vision disability, a hearing disability, a disability of coordination, a
18.18disability of aging, or any other disability that significantly reduces mobility, flexibility,
18.19coordination, or perceptiveness.
18.20 Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
18.21 Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing
18.22public building in whole or in part in order to bring itup to date in into conformity with
18.23present uses of the structure and to which other rules on the upgrading of health and
18.24safety provisions are applicable.
18.25 Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
18.26 Subd. 11. State licensedfacilities facility. "State licensed facilities facility" means
18.27a building and its grounds that are licensed by the state as a hospital, nursing home,
18.28supervised living facility, free-standing outpatient surgical center,or correctional facility,
18.29boarding care home, or residential hospice.
19.1 Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
19.216B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND
19.3INDUSTRY.
19.4 Subdivision 1. Adoption of code. Subject to sections16B.59 to
16B.75 , the
19.5commissioner shall by rule and in consultation with the Construction Codes Advisory
19.6Council establish a code of standards for the construction, reconstruction, alteration, and
19.7repair of buildings, governing matters of structural materials, design and construction,
19.8fire protection, health, sanitation, and safety, including design and construction standards
19.9regarding heat loss control, illumination, and climate control. The code must also include
19.10duties and responsibilities for code administration, including procedures for administrative
19.11action, penalties, and suspension and revocation of certification. The code must conform
19.12insofar as practicable to model building codes generally accepted and in use throughout
19.13the United States, including a code for building conservation. In the preparation of the
19.14code, consideration must be given to the existing statewide specialty codes presently in
19.15use in the state. Model codes with necessary modifications and statewide specialty codes
19.16may be adopted by reference. The code must be based on the application of scientific
19.17principles, approved tests, and professional judgment. To the extent possible, the code
19.18must be adopted in terms of desired results instead of the means of achieving those results,
19.19avoiding wherever possible the incorporation of specifications of particular methods or
19.20materials. To that end the code must encourage the use of new methods and new materials.
19.21Except as otherwise provided in sections16B.59 to
16B.75 , the commissioner shall
19.22administer and enforce the provisions of those sections.
19.23 The commissioner shall develop rules addressing the plan review fee assessed
19.24to similar buildings without significant modifications including provisions for use of
19.25building systems as specified in the industrial/modular program specified in section
19.2616B.75
. Additional plan review fees associated with similar plans must be based on costs
19.27commensurate with the direct and indirect costs of the service.
19.28 Subd. 1a. Administration by commissioner. The commissioner shall administer
19.29and enforce the State Building Code as a municipality with respect to public buildings and
19.30state licensed facilities in the state. The commissioner shall establish appropriate permit,
19.31plan review,and inspection fees, and surcharges for public buildings and state licensed
19.32facilities.Fees and surcharges for public buildings and state licensed facilities must be
19.33remitted to the commissioner, who shall deposit them in the state treasury for credit to
19.34the special revenue fund.
19.35 Municipalities other than the state having an agreement with the commissioner
19.36for code administration and enforcement service for public buildings and state licensed
20.1facilities shall charge their customary fees, including surcharge, to be paid directly to the
20.2jurisdiction by the applicant seeking authorization to construct a public building or a state
20.3licensed facility. The commissioner shall sign an agreement with a municipality other than
20.4the state for plan review, code administration, and code enforcement service for public
20.5buildings and state licensed facilities in the jurisdiction if the building officials of the
20.6municipality meet the requirements of section16B.65 and wish to provide those services
20.7and if the commissioner determines that the municipality has enough adequately trained
20.8and qualified building inspectors to provide those services for the construction project.
20.9 The commissioner may direct the state building official to assist a community that
20.10has been affected by a natural disaster with building evaluation and other activities related
20.11to building codes.
20.12 Administration and enforcement in a municipality under this section must apply
20.13any optional provisions of the State Building Code adopted by the municipality. A
20.14municipality adopting any optional code provision shall notify the state building official
20.15within 30 days of its adoption.
20.16 The commissioner shall administer and enforce the provisions of the code relating to
20.17elevators statewide, except as provided for under section16B.747, subdivision 3 .
20.18 Subd. 2. Enforcement by certain bodies. Under the direction and supervision of
20.19the commissioner, the provisions of the code relating to electrical installationsshall be
20.20enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act,
20.21the provisions relating to, plumbing shall be enforced by the commissioner of health,
20.22the provisions relating to, boilers, high pressure steam piping and appurtenances, and
20.23ammonia refrigeration piping, and bioprocess piping shall be enforced by the Department
20.24of Labor and Industry. Fees for inspections conducted by theState Board of Electricity
20.25commissioner shall be paid in accordance with the rules of theState Board of Electricity
20.26department. Under direction of the commissioner of public safety, the state fire marshal
20.27shall enforce the State Fire Code as provided in chapter 299F. The commissioner, in
20.28consultation with the commissioner of labor and industry, shall adopt amendments to the
20.29mechanical code portion of the State Building Code to implement standards for process
20.30piping.
20.31 Subd. 3. Special requirements. (a) Space for commuter vans. The code must
20.32require that any parking ramp or other parking facility constructed in accordance with the
20.33code include an appropriate number of spaces suitable for the parking of motor vehicles
20.34having a capacity of seven to 16 persons and which are principally used to provide
20.35prearranged commuter transportation of employees to or from their place of employment
20.36or to or from a transit stop authorized by a local transit authority.
21.1 (b) Smoke detection devices. The code must require that all dwellings, lodging
21.2houses, apartment houses, and hotels as defined in section299F.362 comply with the
21.3provisions of section299F.362 .
21.4 (c) Doors in nursing homes and hospitals. The State Building Code may not
21.5require that each door entering a sleeping or patient's room from a corridor in a nursing
21.6home or hospital with an approved complete standard automatic fire extinguishing system
21.7be constructed or maintained as self-closing or automatically closing.
21.8 (d) Child care facilities in churches; ground level exit. A licensed day care center
21.9serving fewer than 30 preschool age persons and which is located in a belowground space
21.10in a church building is exempt from the State Building Code requirement for a ground
21.11level exit when the center has more than two stairways to the ground level and its exit.
21.12(e) Child care facilities in churches; vertical access. Until August 1, 1996, an
21.13organization providing child care in an existing church building which is exempt from
21.14taxation under section
272.02, subdivision 6, shall have five years from the date of initial
21.15licensure under chapter 245A to provide interior vertical access, such as an elevator, to
21.16persons with disabilities as required by the State Building Code. To obtain the extension,
21.17the organization providing child care must secure a $2,500 performance bond with the
21.18commissioner of human services to ensure that interior vertical access is achieved by the
21.19agreed upon date.
21.20(f) (e) Family and group family day care. Until the legislature enacts legislation
21.21specifying appropriate standards, the definition ofGroup R-3 occupancies in dwellings
21.22constructed in accordance with the International Residential Code as adopted as part of the
21.23State Building Code applies to family and group family day care homes licensed by the
21.24Department of Human Services under Minnesota Rules, chapter 9502.
21.25(g) (f) Enclosed stairways. No provision of the code or any appendix chapter of
21.26the code may require stairways of existing multiple dwelling buildings of two stories or
21.27less to be enclosed.
21.28(h) (g) Double cylinder dead bolt locks. No provision of the code or appendix
21.29chapter of the code may prohibit double cylinder dead bolt locks in existing single-family
21.30homes, townhouses, and first floor duplexes used exclusively as a residential dwelling.
21.31Any recommendation or promotion of double cylinder dead bolt locks must include a
21.32warning about their potential fire danger and procedures to minimize the danger.
21.33(i) (h) Relocated residential buildings. A residential building relocated within
21.34or into a political subdivision of the state need not comply with the State Energy Code
21.35or section326.371 provided that, where available, an energy audit is conducted on the
21.36relocated building.
22.1(j) (i) Automatic garage door opening systems. The code must require all
22.2residential buildings as defined in section325F.82 to comply with the provisions of
22.3sections325F.82 and
325F.83 .
22.4(k) (j) Exit sign illumination. For a new building on which construction is begun
22.5on or after October 1, 1993, or an existing building on which remodeling affecting 50
22.6percent or more of the enclosed space is begun on or after October 1, 1993, the code must
22.7prohibit the use of internally illuminated exit signs whose electrical consumption during
22.8nonemergency operation exceeds 20 watts of resistive power. All other requirements in
22.9the code for exit signs must be complied with.
22.10(l) (k) Exterior wood decks, patios, and balconies. The code must permit the
22.11decking surface and upper portions of exterior wood decks, patios, and balconies to be
22.12constructed of (1) heartwood from species of wood having natural resistance to decay or
22.13termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
22.14species of wood having natural resistance to decay or termites, including redwood and
22.15cedars, or (3) treated wood. The species and grades of wood products used to construct the
22.16decking surface and upper portions of exterior decks, patios, and balconies must be made
22.17available to the building official on request before final construction approval.
22.18(m) (l) Bioprocess piping and equipment. No permit fee for bioprocess piping may
22.19be imposed by municipalities under the State Building Code, except as required under
22.20section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section
22.21326.47 administered by the Department of Labor and Industry. All data regarding the
22.22material production processes, including the bioprocess system's structural design and
22.23layout, are nonpublic data as provided by section 13.7911.
22.24 Subd. 3a. Recycling space. The code must require suitable space for the separation,
22.25collection, and temporary storage of recyclable materials within or adjacent to new or
22.26significantly remodeled structures that contain 1,000 square feet or more. Residential
22.27structures with fewer than four dwelling units are exempt from this subdivision.
22.28 Subd. 4. Review of plans for public buildings and state licensed facilities.
22.29 Construction or remodeling may not begin on any public building or state licensed facility
22.30until the plans and specifications have been approved by the commissioner or municipality
22.31under contractual agreement pursuant to subdivision 1a. The plans and specifications must
22.32be submitted for review, and within 30 days after receipt of the plans and specifications,
22.33the commissioner or municipality under contractual agreement shall notify the submitting
22.34authority of any corrections.
22.35 Subd. 5. Accessibility. (a) Public buildings. The code must provide for making
22.36public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
23.1physically disabled persons with disabilities, although this does not require the remodeling
23.2of public buildings solely to provide accessibility and usability tothe physically disabled
23.3persons with disabilities when remodeling would not otherwise be undertaken.
23.4 (b) Leased space. No agency of the state may lease space for agency operations
23.5in a non-state-owned building unless the building satisfies the requirements of the State
23.6Building Code for accessibility bythe physically disabled persons with disabilities, or
23.7is eligible to display the state symbol of accessibility. This limitation applies to leases
23.8of 30 days or more for space of at least 1,000 square feet.
23.9 (c) Meetings or conferences. Meetings or conferences for the public or for state
23.10employees which are sponsored in whole or in part by a state agency must be held in
23.11buildings that meet the State Building Code requirements relating to accessibility for
23.12physically disabled persons with disabilities. This subdivision does not apply to any
23.13classes, seminars, or training programs offered by the Minnesota State Colleges and
23.14Universities or the University of Minnesota. Meetings or conferences intended for specific
23.15individuals none of whom need the accessibility features fordisabled persons with
23.16disabilities specified in the State Building Code need not comply with this subdivision
23.17unless adisabled person with a disability gives reasonable advance notice of an intent to
23.18attend the meeting or conference. When sign language interpreters will be provided,
23.19meetings or conference sites must be chosen which allow hearing impaired participants to
23.20see their signing clearly.
23.21 (d) Exemptions. The commissioner may grant an exemption from the requirements
23.22of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable
23.23efforts were made to secure facilities which complied with those requirements and if the
23.24selected facilities are the best available for access fordisabled persons with disabilities.
23.25Exemptions shall be granted using criteria developed by the commissioner in consultation
23.26with the Council on Disability.
23.27 (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
23.28International's Eleventh World Congress is the state symbol indicating buildings, facilities,
23.29and grounds which are accessible to and usable bydisabled persons with disabilities. In
23.30the interests of uniformity, this symbol is the sole symbol for display in or on all public
23.31or private buildings, facilities, and grounds which qualify for its use. The secretary of
23.32state shall obtain the symbol and keep it on file. No building, facility, or grounds may
23.33display the symbol unless it is in compliance with the rules adopted by the commissioner
23.34under subdivision 1. Before any rules are proposed for adoption under this paragraph,
23.35the commissioner shall consult with the Council on Disability. Rules adopted under this
24.1paragraph must be enforced in the same way as other accessibility rules of the State
24.2Building Code.
24.3 (f) Municipal enforcement. Municipalities which have not adopted the State
24.4Building Code may enforce the building code requirements fordisabled persons with
24.5disabilities by either entering into a joint powers agreement for enforcement with another
24.6municipality which has adopted the State Building Code; or contracting for enforcement
24.7with an individual certified under section16B.65, subdivision 3 , to enforce the State
24.8Building Code.
24.9(g) Equipment allowed. The code must allow the use of vertical wheelchair lifts
24.10and inclined stairway wheelchair lifts in public buildings. An inclined stairway wheelchair
24.11lift must be equipped with light or sound signaling device for use during operation of the
24.12lift. The stairway or ramp shall be marked in a bright color that clearly indicates the
24.13outside edge of the lift when in operation. The code shall not require a guardrail between
24.14the lift and the stairway or ramp. Compliance with this provision by itself does not mean
24.15other disability accessibility requirements have been met.
24.16 Subd. 6. Energy efficiency. The code must provide for building new low-income
24.17housing in accordance with energy efficiency standards adopted under subdivision 1.
24.18For purposes of this subdivision, low-income housing means residential housing built
24.19for low-income persons and families under a program of a housing and redevelopment
24.20authority, the Minnesota Housing Finance Agency, or another entity receiving money
24.21from the state to construct such housing.
24.22 Subd. 7. Access for the hearing-impaired. All rooms in the State Office Building
24.23and in the Capitol that are used by the house of representatives or the senate for legislative
24.24hearings, and the public galleries overlooking the house and senate chambers, must
24.25be fitted with assistive listening devices for the hearing-impaired. Each hearing room
24.26and the public galleries must have a sufficient number of receivers available so that
24.27hearing-impaired members of the public may participate in the committee hearings and
24.28public sessions of the house and senate.
24.29 Subd. 8. Separate metering for electric service. The standards concerning heat
24.30loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
24.31that electrical service to individual dwelling units in buildings containing two or more
24.32units be separately metered, with individual metering readily accessible to the individual
24.33occupants. The standards authorized by this subdivision shall only apply to buildings
24.34constructed after the effective date of the amended standards. Buildings intended for
24.35occupancy primarily by persons who are 62 years of age or older or disabled, or which
25.1contain a majority of units not equipped with complete kitchen facilities, shall be exempt
25.2from the provisions of this subdivision.
25.3 Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
25.4 Subd. 4. Rules. The commissionerof administration shall adopt rules to implement
25.5this section. The rules may provide for a greater ratio of women's to men's facilities
25.6for certain types of occupancies than is required in subdivision 3, and may apply the
25.7required ratios to categories of occupancies other than those defined as places of public
25.8accommodation under subdivision 1.
25.9 Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
25.1016B.617 ENERGY CODE RULES REMAIN IN EFFECT.
25.11 (a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
25.127670, does not expire on April 15, 2000, but remains in effect for residential buildings not
25.13covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter
25.147670, that apply to category 1 buildings govern new, detached single one- and two-family
25.15R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
25.16occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application
25.17for a building permit after April 14, 2000, must meet the requirements for category 1
25.18buildings, as set out in Minnesota Rules, chapter 7670.
25.19 (b) As an alternative to compliance with paragraph (a), compliance with Minnesota
25.20Rules, chapters 7672 and 7674, is optional for a contractor or owner.
25.21(c) The Department of Administration, Building Codes and Standards Division
25.22(BCSD), shall issue a report to the legislature by December 1, 2001, addressing the cost
25.23benefit, as well as air quality, building durability, moisture, enforcement, enforceability,
25.24and liability regarding implementation of Minnesota Rules, chapters 7670, 7672, and
25.257674. The report must include a feasibility study of establishing new criteria for category
25.262 detached single one- and two-family R-3 occupancy buildings that are energy efficient,
25.27enforceable, and provide sufficient nonmechanical ventilation or permeability for a home
25.28to maintain good air quality, building durability, and adequate release of moisture.
25.29(d) (c) This section expires when the commissioner of administration adopts a new
25.30energy code in accordance with Laws 2002, chapter 317, section 4.
25.31 Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
25.3216B.6175 ENERGY CODE.
26.1 Notwithstanding section16B.617 , the commissioner of administration, in
26.2consultation with the Construction Codes Advisory Council, shall explore and review the
26.3availability and appropriateness of any model energy codes related to the construction
26.4of single one- and two-family residential buildings. In consultation with the council, the
26.5commissioner shall take steps to adopt the chosen code with all necessary and appropriate
26.6amendments.
26.7 The commissioner may not adopt all or part of a model energy code relating to
26.8the construction of residential buildings without research and analysis that addresses,
26.9at a minimum, air quality, building durability, moisture, enforcement, enforceability
26.10cost benefit, and liability. The research and analysis must be completed in cooperation
26.11with practitioners in residential construction and building science and an affirmative
26.12recommendation by the Construction Codes Advisory Council.
26.13 Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
26.1416B.63 STATE BUILDING OFFICIAL.
26.15 Subdivision 1. Appointment. The commissioner shall appoint a state building
26.16official who under the direction and supervision of the commissioner shall administer
26.17the code.
26.18 Subd. 2. Qualifications. To be eligible for appointment as state building official an
26.19individual must be competent in the field of administration and shall have the experience
26.20in building design, construction, and supervision which the commissioner considers
26.21necessary.
26.22 Subd. 3. Powers and duties. The state building official may, with the approval of
26.23the commissioner, employ personnel necessary to carry out the inspector's function under
26.24sections16B.59 to
16B.75 . The state building official shall distribute without charge
26.25one copy a printed or electronic version of the code to each municipality within the state.
26.26Additional copies A printed or electronic version of the code shall be made available
26.27to municipalities and interested parties for a fee prescribed by the commissioner. The
26.28state building official shall perform other duties in administering the code assigned by
26.29the commissioner.
26.30 Subd. 4. Accessibility specialists. The state building official shall, with the
26.31approval of the commissioner, assign three department employees to assist municipalities
26.32in complying with section16B.61, subdivision 5 .
26.33 Subd. 5. Interpretative authority. To achieve uniform and consistent application
26.34of the State Building Code, thestate building official commissioner has final interpretative
26.35authority applicable to all codes adopted as part of the State Building Code except for the
27.1Plumbing Code and the Electrical Codewhen enforced by the State Board of Electricity.
27.2A final interpretative committee composed of seven members, consisting of three
27.3building officials, two inspectors from the affected field, and two construction industry
27.4representatives, shall review requests for final interpretations relating to that field. A
27.5request for which the commissioner has final interpretative authority. The Plumbing Board
27.6has final interpretative authority applicable to the State Plumbing Code and shall review
27.7requests for final interpretation made to the board that relate to the State Plumbing Code.
27.8The Board of Electricity has final interpretative authority applicable to the State Electrical
27.9Code and shall review requests for final interpretation made to the board that relate to the
27.10State Electrical Code. The Board of High Pressure Piping Systems has final interpretative
27.11authority applicable to the State High Pressure Piping Code and shall review requests
27.12for final interpretation made to the board that relate to the State High Pressure Piping
27.13Code. Except for requests for final interpretations that relate to the State Plumbing Code,
27.14the State Electrical Code, and the State High Pressure Piping Code, requests for final
27.15interpretation must come from a local or state level building code board of appeals. The
27.16state building official commissioner must establish procedures for membership of the final
27.17interpretative committees. The appropriate committee shall review the request and make
27.18a recommendation to thestate building official commissioner for the final interpretation
27.19within 30 days of the request. Thestate building official commissioner must issue an final
27.20interpretation within ten business daysfrom after the receipt of the recommendation from
27.21thereview final interpretive committee. A The Plumbing Board, the Board of Electricity,
27.22or the Board of High Pressure Piping Systems shall review a request and issue a final
27.23interpretation within 30 days of the request. Any person aggrieved by a final interpretation
27.24maybe appealed appeal the interpretation within 30 days of its issuance to by the
27.25commissionerunder section
16B.67
27.26final interpretation must be published within ten business days of its issuance and made
27.27available to the public. Municipal building officials shall administer all final interpretations
27.28issued by thestate building official commissioner, the Plumbing Board, the Board of
27.29Electricity, or the Board of High Pressure Piping Systems until the final interpretations
27.30are considered by the commissioner, the Plumbing Board, the Board of Electricity, or the
27.31Board of High Pressure Piping Systems for adoption as part of the State Building Code,
27.32State Plumbing Code, State Electrical Code, and the State High Pressure Piping Code.
27.33 Sec. 11. Minnesota Statutes 2006, section 16B.64, is amended by adding a subdivision
27.34to read:
28.1 Subd. 8. Effective date of rules. A rule to adopt or amend the state building code
28.2is effective 180 days after the filing of the rule with the secretary of state under section
28.314.16 or 14.26. The rule may provide for a different effective date if the commissioner or
28.4board proposing the rule finds that a different effective date is necessary to protect public
28.5health and safety after considering, among other things, the need for time for training of
28.6individuals to comply with and enforce the rule.
28.7 Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read:
28.816B.65 BUILDING OFFICIALS.
28.9 Subdivision 1. Designation.By January 1, 2002, Each municipality shall designate
28.10a building official to administer the code. A municipality may designate no more than one
28.11building official responsible for code administration defined by each certification category
28.12established in rule. Two or more municipalities may combine in the designation of a
28.13building official for the purpose of administering the provisions of the code within their
28.14communities. In those municipalities for which no building officials have been designated,
28.15the state building official may use whichever state employees are necessary to perform
28.16the duties of the building official until the municipality makes a temporary or permanent
28.17designation. All costs incurred by virtue of these services rendered by state employees
28.18must be borne by the involved municipality and receipts arising from these services must
28.19be paidinto the state treasury and credited to the special revenue fund to the commissioner.
28.20 Subd. 2. Qualifications. A building official, to be eligible for designation, must
28.21be certified and have the experience in design, construction, and supervision which
28.22the commissioner deems necessary and must be generally informed on the quality and
28.23strength of building materials, accepted building construction requirements, and the nature
28.24of equipment and needs conducive to the safety, comfort, and convenience of building
28.25occupants. No person may be designated as a building official for a municipality unless
28.26the commissioner determines that the official is qualified as provided in subdivision 3.
28.27 Subd. 3. Certification. The commissioner shall by rule establish certification
28.28criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
28.29 (1)prepare and conduct develop and administer written and practical examinations
28.30to determine if a person is qualified pursuant to subdivision 2 to be a building official;
28.31 (2) accept documentation of successful completion of testing programs developed
28.32and administered by nationally recognized testing agencies, as proof of qualification
28.33pursuant to subdivision 2; or
28.34 (3) determine qualifications byboth clauses (1) and (2) satisfactory completion of
28.35clause (2) and a mandatory training program developed or approved by the commissioner.
29.1 Upon a determination of qualification under clause (1), (2), orboth of them (3),
29.2the commissioner shall issue a certificate to the building official stating that the official
29.3is certified. Each person applying for examination and certification pursuant to this
29.4section shall pay a nonrefundable fee of $70. The commissioner or a designee may
29.5establish categories of certification that will recognize the varying complexities of code
29.6enforcement in the municipalities within the state. The commissioner shall provide
29.7educational programs designed to train and assist building officials in carrying out their
29.8responsibilities.
29.9The Department of Employee Relations may, at the request of the commissioner,
29.10provide statewide testing services.
29.11 Subd. 4. Duties. Building officials shall, in the municipality for which they
29.12are designated, be responsible for all aspects of code administration for which they
29.13are certified, including the issuance of all building permits and the inspection of all
29.14manufactured home installations. The commissioner may direct a municipality with
29.15a building official to perform services for another municipality, and in that event the
29.16municipality being served shall pay the municipality rendering the services the reasonable
29.17costs of the services. The costs may be subject to approval by the commissioner.
29.18 Subd. 5. Oversight committee. (a) The commissioner shall establish a Code
29.19Administration Oversight Committeeto evaluate, mediate, and that will, at the
29.20commissioner's request, recommend to the commissionerany administrative action,
29.21penalty, suspension, or revocation with respect appropriate action pursuant to section
29.22326B.82, in response tocomplaints filed with or information received or obtained by the
29.23commissioneralleging or indicating that supports a finding that: (1) an individual has
29.24engaged in, or is about to engage in, the unauthorized performance ofofficial the duties
29.25of a certified building official or the unauthorized use of thetitle certified building official,
29.26title; ora violation of (2) a certified building official has violated a statute, rule, stipulation,
29.27agreement, settlement, compliance agreement, cease and desist agreement, or order that
29.28the commissioner has adopted, issued, oris empowered has the authority to enforce and
29.29that is related to the duties of a certified building official.
29.30 (b) The committeeconsists shall consist of six members. One member shall be the
29.31commissioner's designee and five members shall be certified building officials, who are
29.32appointed by the commissioner. At least two ofwhom the appointed certified building
29.33officials must be from nonmetropolitan counties. For the committee membersmust be
29.34compensated according to who are not state officials or employees, their compensation
29.35and removal from the oversight committee is governed by section15.059 , subdivision 3.
29.36The commissioner's designee shallact as an ex-officio member of the oversight committee
30.1serve as the chair of the oversight committee and shall not vote. The terms of the appointed
30.2members of the oversight committee shall be four years. The terms of three of the
30.3appointed members shall be coterminous with the governor and the terms of the remaining
30.4two appointed members shall end on the first Monday in January one year after the terms
30.5of the other appointed members expire. An appointed member may be reappointed. The
30.6committee is not subject to the expiration provisions of section 15.059, subdivision 5.
30.7(b) (c) If the commissioner has a reasonable basis to believe determines that
30.8a person an individual has engaged in an act or practice constituting the unauthorized
30.9performance ofofficial the duties, of a certified building official or the unauthorized use
30.10of thetitle certified building official title, or that a violation of certified building official
30.11has violated a statute, rule, stipulation, agreement, settlement, compliance agreement,
30.12cease and desist agreement, or order that the commissioner has adopted, issued, or is
30.13empowered authorized to enforce that is related to the duties of a certified building official,
30.14the commissioner mayproceed with take administrative actions or penalties as described
30.15in subdivision 5a or suspension or revocation as described in subdivision 5b. against the
30.16individual pursuant to section 326B.082, subdivisions 7 and 11.
30.17Subd. 5a. Administrative action and penalties. The commissioner shall, by rule,
30.18establish a graduated schedule of administrative actions for violations of sections
16B.59
30.19to
16B.75 and rules adopted under those sections. The schedule must be based on and
30.20reflect the culpability, frequency, and severity of the violator's actions. The commissioner
30.21may impose a penalty from the schedule on a certification holder for a violation of sections
30.2216B.59 to
16B.75 and rules adopted under those sections. The penalty is in addition to
30.23any criminal penalty imposed for the same violation. Administrative monetary penalties
30.24imposed by the commissioner must be paid to the special revenue fund.
30.25 Subd. 5b.Suspension; revocation. Grounds. Except as otherwise provided for by
30.26law, the commissioner may, upon notice and hearing, revoke or suspend or refuse to issue
30.27or reissue a building official certification if the applicant, building official, or certification
30.28holder: In addition to the grounds set forth in section 326B.082, subdivision 11, the
30.29commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or
30.30may censure an applicant or individual holding a certificate, if the applicant or individual:
30.31 (1) violates a provision of sections16B.59 to
16B.75 or a rule adopted under those
30.32sections; or
30.33 (2) engages in fraud, deceit, or misrepresentation while performing the duties of a
30.34certified building official;.
30.35(3) makes a false statement in an application submitted to the commissioner or in a
30.36document required to be submitted to the commissioner; or
31.1(4) violates an order of the commissioner.
31.2Notice must be provided and the hearing conducted in accordance with the provisions
31.3of chapter 14 governing contested case proceedings. Nothing in this subdivision limits or
31.4otherwise affects the authority of a municipality to dismiss or suspend a building official
31.5at its discretion, except as otherwise provided for by law.
31.6 Subd. 5c. Action against unlicensed persons. The commissioner may take any
31.7administrative action provided under section 326B.082, against an individual required
31.8to be certified under subdivision 3, based upon conduct that would provide grounds for
31.9action against a certificate holder under this section.
31.10 Subd. 6. Vacancies. In the event that a designated building official position is
31.11vacant within a municipality, that municipality shall designate a certified building official
31.12to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
31.13or designation in writing within 15 days. If the municipality fails to designate a certified
31.14building official within 15 days of the occurrence of the vacancy, the state building official
31.15may provide state employees to serve that function as provided in subdivision 1 until the
31.16municipality makes a temporary or permanent designation. Municipalities must not issue
31.17permits without a designated certified building official.
31.18 Subd. 7. Continuing education. Subject to sections16B.59 to
16B.75 , the
31.19commissioner may by rule establish or approve continuing education programs for
31.20municipal certified building officials dealing with matters of building code administration,
31.21inspection, and enforcement.
31.22 Each person certified as a building official for the state must satisfactorily complete
31.23applicable educational programs established or approved by the commissionerevery
31.24three calendar years to retain certification.
31.25Each person certified as a building official must submit in writing to the
31.26commissioner an application for renewal of certification within 60 days of the last day of
31.27the third calendar year following the last certificate issued. Each application for renewal
31.28must be accompanied by proof of satisfactory completion of minimum continuing
31.29education requirements and the certification renewal fee established by the commissioner.
31.30 Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of
31.31labor and industry may by rule adopt standards dealing with renewal requirements.
31.32 (b) If the commissioner has not issued a notice of denial of application for a
31.33certificate holder and if the certificate holder has properly and timely filed a fully completed
31.34renewal application, then the certificate holder may continue to engage in building official
31.35activities whether or not the renewed certificate has been received. Applications must be
31.36made on a form approved by the commissioner. Each application for renewal must be
32.1fully completed, and be accompanied by proof of the satisfactory completion of minimum
32.2continuing education requirements and the certification renewal fee established by the
32.3commissioner. Applications are timely if received prior to the expiration of the most
32.4recently issued certificate. An application for renewal that does not contain all of the
32.5information requested is an incomplete application and will not be accepted.
32.6 Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the
32.7date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
32.8 Subd. 10. Failure to renew. An individual who has failed to make a timely
32.9application for renewal of a certificate is not certified and must not serve as the designated
32.10building official for any municipality until a renewed certificate has been issued by the
32.11commissioner.
32.12EFFECTIVE DATE.This section is effective July 1, 2007.
32.13 Sec. 13. Minnesota Statutes 2006, section 16B.70, is amended to read:
32.1416B.70 SURCHARGE.
32.15 Subdivision 1. Computation. To defray the costs of administering sections
32.1616B.59
to
16B.76 , a surcharge is imposed on all permits issued by municipalities in
32.17connection with the construction of or addition or alteration to buildings and equipment or
32.18appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
32.19receipts to award grants for code research and development and education.
32.20 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
32.21one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
32.22permits, the surcharge is as follows:
32.23 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
32.24surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
32.25or alteration;
32.26 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
32.27mill (.0004) of the value between $1,000,000 and $2,000,000;
32.28 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
32.29mill (.0003) of the value between $2,000,000 and $3,000,000;
32.30 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
32.31mill (.0002) of the value between $3,000,000 and $4,000,000;
32.32 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
32.33mill (.0001) of the value between $4,000,000 and $5,000,000; and
33.1 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
33.2mill (.00005) of the value that exceeds $5,000,000.
33.3 Subd. 2. Collection and reports. All permit surcharges must be collected by each
33.4municipality and a portion of them remitted to the state. Each municipality having a
33.5population greater than 20,000 people shall prepare and submit to the commissioner once
33.6a month a report of fees and surcharges on fees collected during the previous month
33.7but shall retain the greater of two percent or that amount collected up to $25 to apply
33.8against the administrative expenses the municipality incurs in collecting the surcharges.
33.9All other municipalities shall submit the report and surcharges on fees once a quarter
33.10but shall retain the greater of four percent or that amount collected up to $25 to apply
33.11against the administrative expenses the municipalities incur in collecting the surcharges.
33.12The report, which must be in a form prescribed by the commissioner, must be submitted
33.13together with a remittance covering the surcharges collected by the 15th day following
33.14the month or quarter in which the surcharges are collected.All money collected by the
33.15commissioner through surcharges and other fees prescribed by sections
16B.59 to
16B.75
33.16shall be deposited in the state government special revenue fund and is appropriated to the
33.17commissioner for the purpose of administering and enforcing the State Building Code
33.18under sections
16B.59 to
16B.75.
33.19 Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed
33.20in subdivision 1 should approximately equal the cost, including the overhead cost, of
33.21administering sections16B.59 to
16B.75 . By November 30 each year, the commissioner
33.22must report to the commissioner of finance and to the legislature on changes in the
33.23surcharge imposed in subdivision 1 needed to comply with this policy. In making this
33.24report, the commissioner must assume that the services associated with administering
33.25sections16B.59 to
16B.75 will continue to be provided at the same level provided during
33.26the fiscal year in which the report is made.
33.27EFFECTIVE DATE.This section is effective July 1, 2007.
33.28 Sec. 14. Minnesota Statutes 2006, section 16B.72, is amended to read:
33.2916B.72 REFERENDA ON STATE BUILDING CODE IN
33.30NONMETROPOLITAN COUNTIES.
33.31 Notwithstanding any other provision of law to the contrary, a county that is not a
33.32metropolitan county as defined by section473.121, subdivision 4 , may provide, by a vote
33.33of the majority of its electors residing outside of municipalities that have adopted the State
33.34Building Code before January 1, 1977, that no part of the State Building Code except the
34.1building requirements fordisabled persons with disabilities, the requirements for bleacher
34.2safety, and the requirements for elevator safety applies within its jurisdiction.
34.3 The county board may submit to the voters at a regular or special election the
34.4question of adopting the building code. The county board shall submit the question to
34.5the voters if it receives a petition for the question signed by a number of voters equal
34.6to at least five percent of those voting in the last general election. The question on the
34.7ballot must be stated substantially as follows:
34.8 "Shall the State Building Code be adopted in .......... County?"
34.9 If the majority of the votes cast on the proposition is in the negative, the State
34.10Building Code does not apply in the subject county, outside home rule charter or statutory
34.11cities or towns that adopted the building code before January 1, 1977, except the building
34.12requirements fordisabled persons with disabilities, the requirements for bleacher safety,
34.13and the requirements for elevator safety do apply.
34.14 Nothing in this section precludes a municipality or town that has not adopted the
34.15State Building Code from adopting and enforcing by ordinance or other legal means the
34.16State Building Code within its jurisdiction.
34.17 Sec. 15. Minnesota Statutes 2006, section 16B.73, is amended to read:
34.1816B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
34.19LOCAL OPTION.
34.20 The governing body of a municipality whose population is less than 2,500 may
34.21provide that the State Building Code, except the requirements fordisabled persons with
34.22disabilities, the requirements for bleacher safety, and the requirements for elevator
34.23safety, will not apply within the jurisdiction of the municipality, if the municipality is
34.24located in whole or in part within a county exempted from its application under section
34.2516B.72
. If more than one municipality has jurisdiction over an area, the State Building
34.26Code continues to apply unless all municipalities having jurisdiction over the area have
34.27provided that the State Building Code, except the requirements fordisabled persons with
34.28disabilities, the requirements for bleacher safety, and the requirements for elevator safety,
34.29does not apply within their respective jurisdictions. Nothing in this section precludes a
34.30municipality or town from adopting and enforcing by ordinance or other legal means the
34.31State Building Code within its jurisdiction.
34.32 Sec. 16. Minnesota Statutes 2006, section 16B.735, is amended to read:
34.3316B.735 ENFORCEMENT OF REQUIREMENTS FORDISABLED
34.34PERSONS WITH DISABILITIES.
35.1 A statutory or home rule charter city that is not covered by the State Building Code
35.2because of action taken under section16B.72 or
16B.73 is responsible for enforcement in
35.3the city of the State Building Code's requirements fordisabled persons with disabilities. In
35.4all other areas where the State Building Code does not apply because of action taken under
35.5section16B.72 or
16B.73 , the county is responsible for enforcement of those requirements.
35.6 Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
35.7 Subdivision 1. Applicability.As used in For the purposes of sections
16B.61,
35.816B.72, 16B.73, and 16B.74 to
16B.746 16B.748"passenger or freight elevator,"
35.9"automatic operation" and "continuous pressure operation" defined in this section shall
35.10have thefollowing meanings given them.
35.11EFFECTIVE DATE.This section is effective the day following final enactment.
35.12 Sec. 18. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
35.13 Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means
35.14all elevators except those that comply with the safety rules of the departmentof
35.15Administration relating to construction and installation and that have automatic operation
35.16or continuous pressure operation.
35.17 Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
35.18to read:
35.19 Subd. 7. Elevator inspection. "Elevator inspection" means an examination of
35.20elevator installations, repairs, alterations, removal, and construction for compliance with
35.21the State Building Code that may include witnessing tests performed on elevators by
35.22elevator personnel, performing tests on elevators, or an audit of records related to routine
35.23and periodic maintenance and testing, or any combination thereof when performed by the
35.24department or a municipality authorized to perform such inspections.
35.25EFFECTIVE DATE.This section is effective the day following final enactment.
35.26 Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
35.27to read:
35.28 Subd. 8. Elevator inspector. "Elevator inspector" means an individual who meets
35.29the requirements established pursuant to section 16B.748, clause (1), who is performing
35.30elevator inspections for the department or a municipality authorized to perform such
35.31inspections.
36.1EFFECTIVE DATE.This section is effective the day following final enactment.
36.2 Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read:
36.316B.741 ELEVATORAVAILABLE FOR INSPECTION AND REPORTING.
36.4 Subdivision 1. Elevator available for inspection. A person, firm, entity, or
36.5corporation that owns or controls a building or other structure housing an elevator that is
36.6subject to inspection by the department, shall, upon request, provide access at a reasonable
36.7hour to the elevator for purposes of inspection.
36.8 Subd. 2. Persons required to report. The following persons shall report the
36.9information specified in subdivision 3 to the commissioner by January 1, 2008:
36.10 (a) any person that, between August 1, 2005, and July 31, 2007, has provided
36.11service, alteration, repair, or maintenance to any elevator located in Minnesota;
36.12 (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an
36.13agreement to provide service, alteration, repair, or maintenance to any elevator located
36.14in Minnesota;
36.15 (c) any person that owns or controls an elevator located in Minnesota that, between
36.16August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or
36.17maintenance on the elevator; or
36.18 (d) any person that owns or controls an elevator located in Minnesota that, between
36.19August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service,
36.20alteration, repair, or maintenance on the elevator.
36.21 Subd. 3. Elevator location, type, and installation date. On a form prescribed by
36.22the commissioner, the persons required to report pursuant to subdivision 2 shall provide
36.23the following:
36.24 (a) the location of each elevator;
36.25 (b) the type of each elevator; and
36.26 (c) the date the elevator was installed.
36.27 Subd. 4. Definition. As used in this section, "elevator" is as defined in section
36.2816B.74, subdivision 5.
36.29EFFECTIVE DATE.This section is effective the day following final enactment.
36.30 Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read:
36.3116B.744 ELEVATORS, ENTRANCES SEALED.
36.32 It shall be the duty of the departmentof Administration and the licensing authority
36.33of any municipality which adopts any such ordinance whenever it finds any such elevator
37.1under its jurisdiction in use in violation of any provision of sections16B.74 to
16B.745 to
37.2seal the entrances of such elevator and attach a notice forbidding the use of such elevator
37.3until the provisions thereof are complied with.
37.4 Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
37.5 Subdivision 1. Removal of seal. No person, firm, or corporation may remove any
37.6seal or notice forbidding the use of an elevator, except by authority of the departmentof
37.7Administration or the licensing authority having jurisdiction over the elevator, or operate
37.8an elevator after a notice has been attached forbidding its use, unless the notice has been
37.9removed by authority of the departmentof Administration or the licensing authority
37.10having jurisdiction over the elevator.
37.11 Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
37.12 Subd. 4. Penalties. The commissionerof administration shall administer sections
37.1316B.74
to
16B.749 . In addition to the remedies provided for violations of this chapter,
37.14the commissioner may impose a penalty of up to$1,000 $10,000 for a violation of any
37.15provision of sections16B.74 to
16B.749 .
37.16 Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read:
37.1716B.747 FEES FOR LICENSURE ANDINSPECTION PERMIT.
37.18 Subdivision 1. Permits. No person, firm, or corporation may construct, install, alter,
37.19or remove an elevator without first filing an application for a permit with the department
37.20of Administration or a municipality authorized by subdivision 3 to inspect elevators.
37.21Upon successfully completing inspection and the payment of the appropriate fee, the
37.22owner must be granted an operating permit for the elevator.
37.23 Subd. 1a. Annual operating permit. No person may operate an elevator without
37.24first obtaining an annual operating permit from the department or a municipality
37.25authorized by subdivision 3 to issue annual operating permits. A $100 annual operating
37.26permit fee must be paid to the department for each annual operating permit issued by the
37.27department, except that the original annual operating permit must be included in the
37.28permit fee for the initial installation of the elevator. Annual operating permits must be
37.29issued at 12-month intervals from the date of the initial annual operating permit. For each
37.30subsequent year, an owner must be granted an annual operating permit for the elevator
37.31upon the owner's or owner's agent's submission of a form prescribed by the commissioner
37.32and payment of the $100 fee. Each form must include the location of the elevator, the
37.33results of any periodic test required by the code, and any other criteria established by rule.
38.1An annual operating permit may be revoked by the commissioner upon an audit of the
38.2periodic testing results submitted with the application or a failure to comply with elevator
38.3code requirements, inspections, or any other law related to elevators.
38.4 Subd. 2. Contractor licenses. The commissioner may establish criteria for the
38.5qualifications of elevator contractors and issue licenses based upon proof of the applicant's
38.6qualifications.
38.7 Subd. 3. Permissive municipal regulation. A municipality may conduct a system
38.8of elevator inspection in conformity with this chapter, State Building Code requirements,
38.9and adopted rules that includes the inspection of elevator installation, repair, alteration,
38.10and removal, construction,and the routine and periodic inspection and testing of existing
38.11elevators, and the issuance of annual operating permits. The municipality shall employ
38.12inspectors meeting the minimum requirements established by Minnesota Rules to perform
38.13the inspections and to witness the tests. A municipality may establish and retain its own
38.14fees for inspection of elevators and related devices in its jurisdiction. A municipality may
38.15establish and retain its own fees for issuance of annual operating permits for elevators
38.16in its jurisdiction. A municipality may not adopt standards that do not conform to the
38.17uniform standards prescribed by the department.
38.18 If the commissioner determines that a municipality is not properly administering
38.19and enforcing the law, rules, and codes, the commissioner shall have the inspection,
38.20administration, and enforcement undertaken by a qualified inspector employed by the
38.21department.
38.22Subd. 4. Deposit of fees. Fees received under this section must be deposited in the
38.23state treasury and credited to the special revenue fund.
38.24EFFECTIVE DATE.This section is effective July 1, 2007.
38.25 Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read:
38.2616B.748 RULES.
38.27 The commissioner may adopt rules for the following purposes:
38.28 (1) to establish minimum qualifications for elevator inspectors that must include
38.29possession of a current elevator constructor electrician's license issued by theState Board
38.30of Electricity department and proof of successful completion of the national elevator
38.31industry education program examination or equivalent experience;
38.32 (2) to establish minimum qualifications for limited elevator inspectors;
38.33(2) (3) to establish criteria for the qualifications of elevator contractors;
39.1(3) (4) to establish elevator standards under sections
16B.61, subdivisions 1 and
39.22 , and
16B.64 ;
39.3(4) (5) to establish procedures for appeals of decisions of the commissioner under
39.4chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
39.5advice from the elevator trade, building owners or managers, and others knowledgeable in
39.6the installation, construction, and repair of elevators; and
39.7(5) (6) to establish requirements for the registration of all elevators.
39.8EFFECTIVE DATE.This section is effective the day following final enactment.
39.9 Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read:
39.1016B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
39.11 Subdivision 1. Membership. (a) The Construction Codes Advisory Council
39.12consists of the following members:
39.13 (1) the commissionerof administration or the commissioner's designee representing
39.14the department'sBuilding Codes and Standards Construction Codes and Licensing
39.15Division;
39.16(2) the commissioner of health or the commissioner's designee representing an
39.17Environmental Health Section of the department;
39.18(3) (2) the commissioner of public safety or the commissioner's commissioner of
39.19public safety's designee representing thedepartment's Department of Public Safety's State
39.20Fire Marshal Division;
39.21(4) the commissioner of commerce or the commissioner's designee representing
39.22the department's State Energy Office; and
39.23(5) (3) one member representing, appointed by the commissioner, engaged in each
39.24of the following occupationsor entities, appointed by the commissioner of administration
39.25or industries:
39.26 (i)a certified building official officials;
39.27 (ii)a fire service representative chiefs or fire marshals;
39.28 (iii)a licensed architect architects;
39.29 (iv)a licensed engineer professional engineers;
39.30 (v)a building owners and managers representative commercial building owners
39.31and managers;
39.32 (vi)a the licensed residential building contractor industry;
39.33 (vii)a the commercial building contractor industry;
39.34 (viii)a the heating and ventilation contractor industry;
40.1 (ix) a member of the Plumbingcontractor Board;
40.2 (x) arepresentative of a construction and building trades union; and member of
40.3the Board of Electricity;
40.4(xi) a local unit of government representative. (xi) a member of the Board of High
40.5Pressure Piping Systems;
40.6 (xii) the boiler industry;
40.7 (xiii) the manufactured housing industry;
40.8 (xiv) public utility suppliers;
40.9 (xv) the Minnesota Building and Construction Trades Council; and
40.10 (xvi) local units of government.
40.11 (b) The commissioner or the commissioner's designee representing the department's
40.12Construction Codes and Licensing Division shall serve as chair of the advisory council.
40.13For members who are not state officials or employees,terms, compensation, and removal,
40.14and the filling of vacancies of members of the advisory council are governed by section
40.1515.059
. The council shall select one of its members to serve as chair. The terms of the
40.16members of the advisory council shall be four years. The terms of eight of the appointed
40.17members shall be coterminous with the governor and the terms of the remaining nine
40.18appointed members shall end on the first Monday in January one year after the terms of
40.19the other appointed members expire. An appointed member may be reappointed. Each
40.20council member shall appoint an alternate to serve in their absence. The committee is not
40.21subject to the expiration provision of section 15.059, subdivision 5.
40.22(c) The council expires June 30, 2003.
40.23 Subd. 2. Duties of council. The council shall review laws, codes, rules, standards,
40.24and licensing requirements relating to building construction and may:
40.25 (1) recommend ways to eliminate inconsistencies, to streamline construction
40.26regulation and constructionprocesses procedures, and to improve procedures within
40.27and among jurisdictions;
40.28 (2) review and comment on current and proposed laws and rules to promote
40.29coordination and consistency;
40.30 (3) advise agencies on possible changes in rules to make them easier to understand
40.31and apply; and
40.32 (4) promote the coordination, within each jurisdiction, of the administration and
40.33enforcement of construction codes.
40.34 The council shall meet a minimum of four times each year. The council shall
40.35report its findings and recommendations to the commissionerof administration and
40.36the head of any other affected agency by the end of each calendar year. The council
41.1may shall recommend changes in laws or rules governing building construction. The
41.2councilmay shall establish subcommittees to facilitate its work. If the council establishes
41.3subcommittees, it shall include in their memberships representation from entities and
41.4organizations expressing an interest in membership. The commissionerof administration
41.5shall maintain a list of interested entities and organizations.
41.6 Subd. 3. Agency cooperation. State agencies and local governmental units shall
41.7cooperate with the council and, so far as possible, provide information or assistance to
41.8it upon its request. The commissionerof administration shall provide necessary staff
41.9and administrative support to the council.
41.10 Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read:
41.11326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
41.12 (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
41.13fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for
41.14all work entered into within the state. The bond must be for the benefit of persons suffering
41.15financial loss by reason of the contractor's failure to comply with the requirements of the
41.16State Mechanical Code. A bond given to the state must be filed with the commissioner
41.17of administration and is in lieu of all other bonds to any political subdivision required for
41.18work covered by this section. The bond must be written by a corporate surety licensed to
41.19do business in the state.
41.20 (b) The commissionerof administration may charge each person giving bond under
41.21this section an annual bond filing fee of $15.The money must be deposited in a special
41.22revenue fund and is appropriated to the commissioner to cover the cost of administering
41.23the bond program.
41.24EFFECTIVE DATE.This section is effective July 1, 2007.
41.25 Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
41.26 Subd. 2. Authorized representative. "Authorized representative" means any
41.27person, firm or corporation, or employee thereof, approved or hired by the commissioner
41.28of labor and industry to perform inspection services.
41.29 Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
41.30 Subd. 3. Manufactured Home Building Code. "Manufactured Home Building
41.31Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June
41.3215, 1976, the standards code promulgated by the American National Standards Institute
42.1and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971,
42.2or the provisions of the National Fire Protection Association and identified as NFPA 501B,
42.3and further revisions adopted by the commissioner of labor and industry.
42.4 "Manufactured Home Building Code" means, for manufactured homes constructed
42.5after June 14, 1976, the manufactured home construction and safety standards promulgated
42.6by the United States Department of Housing and Urban Development which are in effect
42.7at the time of the manufactured home's manufacture.
42.8 Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
42.9 Subd. 4. Commissioner. "Commissioner" means the commissioner of
42.10administration labor and industry.
42.11 Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision
42.12to read:
42.13 Subd. 6a. Individual. "Individual" means a human being.
42.14 Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
42.15 Subd. 7. Person. "Person" meansa person, partnership, corporation or other legal
42.16entity any individual, limited liability company, corporation, partnership, incorporated
42.17or unincorporated association, sole proprietorship, joint stock company, or any other
42.18legal or commercial entity.
42.19 Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
42.20 Subd. 15. Purchaser. "Purchaser" means the firstperson individual purchasing a
42.21manufactured home in good faith for purposes other than resale.
42.22 Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
42.23 Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer
42.24shall establish and maintain records, make reports, and provide information as the
42.25commissioner or the secretary may reasonably require to be able to determine whether
42.26the manufacturer, distributor, or dealer has acted or is acting in compliance with sections
42.27327.31
to
327.35 , and shall, upon request of a person duly designated by the commissioner
42.28or the secretary, permit that person to inspect appropriate books, papers, records, and
42.29documents relevant to determining whether that manufacturer, distributor, or dealer
42.30has acted or is acting in compliance with sections327.31 to
327.35 , and the National
42.31Manufactured Home Construction and Safety Standards Act of 1974, United States
43.1Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing
43.2Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
43.3Act of 2000, or other applicable federal or state law.
43.4 Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
43.5 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
43.6installation seals and inspections which are sufficient to cover all costs incurred in the
43.7administration of sections327.31 to
327.35 . The commissioner shall also establish by
43.8rule a monitoring inspection fee in an amount that will comply with the secretary's fee
43.9distribution program. This monitoring inspection fee shall be an amount paid by the
43.10manufacturer for each manufactured home produced in Minnesota. The monitoring
43.11inspection fee shall be paid by the manufacturer to the secretary. The rules of the
43.12fee distribution program require the secretary to distribute the fees collected from all
43.13manufactured home manufacturers among states approved and conditionally approved
43.14based on the number of new manufactured homes whose first location after leaving the
43.15manufacturer is on the premises of a distributor, dealer or purchaser in that state.All
43.16money collected by the commissioner through fees prescribed by sections
327.31 to
43.17327.36 shall be deposited in the state government special revenue fund and is appropriated
43.18to the commissioner for the purpose of administering and enforcing the Manufactured
43.19Home Building Code under sections
327.31 to
327.36.
43.20EFFECTIVE DATE.This section is effective July 1, 2007.
43.21 Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
43.22 Subd. 6. Authorization as agency. The commissioner shall apply to the secretary
43.23for approval of the commissioner as the administrative agency for the regulation of
43.24manufactured homes under the rules of the secretary. The commissioner may make
43.25rules for the administration and enforcement of department responsibilities as a state
43.26administrative agency including, but not limited to, rules for the handling of citizen's
43.27complaints. All money received for services provided by the commissioner or the
43.28department's authorized agents as a state administrative agency shall be deposited in
43.29thegeneral construction code fund. The commissioner is charged with the adoption,
43.30administration, and enforcement of the Manufactured Home Construction and Safety
43.31Standards, consistent with rules and regulations promulgated by the United States
43.32Department of Housing and Urban Development. The commissioner may adopt the
43.33rules, codes, and standards necessary to enforce the standards promulgated under this
43.34section. The commissioner is authorized to conduct hearings and presentations of views
44.1consistent with regulations adopted by the United States Department of Housing and
44.2Urban Development and to adopt rules in order to carry out this function.
44.3EFFECTIVE DATE.This section is effective July 1, 2007.
44.4 Sec. 38. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
44.5 Subd. 7. Employees. The commissioner may appoint such employees within
44.6the Department ofAdministration Labor and Industry as deemed necessary for the
44.7administration of sections327.31 to
327.35 .
44.8 Sec. 39. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
44.9 Subd. 3. Removal of seals. Manufactured home seals remain the property of
44.10the Department ofAdministration Labor and Industry and may be removed by the
44.11commissioner from any manufactured home which is in violation of the Manufactured
44.12Home Building Code.
44.13 Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
44.14 Subdivision 1.Civil Monetary penalty. Notwithstanding the penalty amount of
44.15section 326B.082, subdivisions 7 and 12, any person who violates any provision of this
44.16section is liable to the state of Minnesota for acivil monetary penalty of not to exceed
44.17$1,000 for eachoffense violation. Each violation involving a separate manufactured home
44.18or involving a separate failure or refusal to allow or perform any act required by this
44.19section constitutes a separateoffense violation, except that the maximum civil monetary
44.20penalties for any related series of violations occurring within one year from the date of the
44.21first violation may not exceed $1,000,000.
44.22 Sec. 41. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
44.23 Subd. 2. Willful violations. Any individual or a director, officer, or agent of a
44.24corporation who knowingly and willfully violates any provision of this section in a manner
44.25which threatens the health or safety of any purchaser shall befined not more than $3,000
44.26or imprisoned not more than one year, or both guilty of a gross misdemeanor.
44.27 Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
44.28 Subd. 4. Commissioner. "Commissioner" means the commissioner of
44.29administration labor and industry.
44.30 Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
45.1 Subd. 5. Consumer customer. "Consumer customer" means anynatural person
45.2individual who, primarily for personal, household or family purposes, buys, sells, or seeks
45.3to buy or sell, a manufactured home from, to or through a dealer or manufacturer.
45.4 Sec. 44. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
45.5 Subd. 7. Dealer or retailer. "Dealer" or "retailer" means any person who engages
45.6in the business, either exclusively or in addition to any other occupation, of selling or
45.7brokering manufactured homes, new or used, or who offers to sell, solicit, broker or
45.8advertise the sale of manufactured homes, new or used.
45.9 Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.10subdivision to read:
45.11 Subd. 10a. Individual. "Individual" means a human being.
45.12 Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.13subdivision to read:
45.14 Subd. 11a. Licensee. "Licensee" means a person who is licensed as a dealer, limited
45.15dealer, or manufacturer by the Department of Labor and Industry.
45.16 Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.17subdivision to read:
45.18 Subd. 11b. Limited dealer or limited retailer. "Limited dealer" or "limited
45.19retailer" means any person who is an owner of a manufactured home park authorized, as
45.20principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale
45.21of used manufactured homes located in the owned manufactured home park, who is the
45.22title holder and engages in no more than ten sales annually.
45.23 Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.24subdivision to read:
45.25 Subd. 14a. Manufacturing facility. "Manufacturing facility" means the physical
45.26site where a manufacturer engages in the business of manufacture, assembly, or production
45.27of manufactured homes.
45.28 Sec. 49. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.29subdivision to read:
46.1 Subd. 16a. Owner. "Owner" means any person holding title to a manufactured
46.2home park or manufactured homes.
46.3 Sec. 50. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
46.4 Subd. 17. Person. "Person" means any individual, limited liability company,
46.5corporation, firm, partnership, incorporated and unincorporated association, sole
46.6proprietorship, joint stock company, or any other legal or commercial entity.
46.7 Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
46.8 Subdivision 1. Licenseand, bond, and liability insurance required. No person
46.9shall act as a dealer in manufactured homes, new or used, without a licenseand, a surety
46.10bond, and liability insurance as provided in this section. No person shall manufacture
46.11manufactured homes without a licenseand for each manufacturing facility shipping into or
46.12located within Minnesota's boundaries, a surety bond, and liability insurance as provided
46.13in this section. The licensing and bonding requirements of this section do not apply to
46.14any bank, savings bank, savings association, or credit union, chartered by either this state
46.15or the federal government, which acts as a dealer only by repossessing manufactured
46.16homes and then offering the homes for resale.
46.17 Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
46.18 Subd. 4. License prerequisites. No application shall be granted nor license issued
46.19until the applicant proves to the commissioner that:
46.20 (a) the applicant has a permanent, established place of business at each licensed
46.21location. An "established place of business" means a permanent enclosed building other
46.22than a residence, or a commercial office space, either owned by the applicant or leased by
46.23the applicant for a term of at least one year, located in an area where zoning regulations
46.24allow commercial activity, and where the books, records and files necessary to conduct
46.25the business are kept and maintained. The owner of a licensed manufactured home park
46.26who resides in or adjacent to the park may use the residence as the established place of
46.27business required by this subdivision, unless prohibited by local zoning ordinance.
46.28 If a license is granted, the licensee may use unimproved lots and premises for sale,
46.29storage, and display of manufactured homes, if the licensee first notifies the commissioner
46.30in writing;
46.31 (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
46.32homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
46.33of the new manufactured home it proposes to deal in;
47.1 (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the
47.2agency and each subagency location that bears the applicant's name and the name under
47.3which the applicant will be licensed and do business in this state. Each bond is for the
47.4protection of consumer customers, and must be executed by the applicant as principal and
47.5issued by a surety company admitted to do business in this state.The Each bond shall be
47.6exclusively for the purpose of reimbursing consumer customers and shall be conditioned
47.7upon the faithful compliance by the applicant with all of the laws and rules of this state
47.8pertaining to the applicant's business as a dealer or manufacturer, including sections
47.9325D.44
,
325F.67 and
325F.69 , and upon the applicant's faithful performance of all its
47.10legal obligations to consumer customers; and (2) a certificate of liability insurance in the
47.11amount of $1,000,000 that provides coverage for the agency and each subagency location;
47.12 (d) the applicant has established a trust account as required by section327B.08,
47.13subdivision 3 , unless the applicant states in writing its intention to limit its business to
47.14selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
47.15 (e) the applicant has provided evidence of having had at least two years' prior
47.16experience in the sale of manufactured homes, working for a licensed dealer.
47.17 Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
47.18 Subd. 6. Certificate of license. For each license granted the commissioner shall
47.19issue a certificate which includes the name of the licensee, the name of the surety company
47.20and the amount of the surety bond, and the insurance underwriter and policy number, the
47.21names and addresses of any related principal or subagencies, and a license number.
47.22 Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
47.23 Subd. 7. Fees; licenses; when granted. Each application for a license or license
47.24renewal must be accompanied by a fee in an amount established by the commissioner
47.25by rule pursuant to section327B.10 . The fees shall be set in an amount which over
47.26the fiscal biennium will produce revenues approximately equal to the expenses which
47.27the commissioner expects to incur during that fiscal biennium while administering and
47.28enforcing sections327B.01 to
327B.12 . All money collected by the commissioner
47.29through fees prescribed in sections
327B.01 to
327B.12 shall be deposited in the state
47.30government special revenue fund and is appropriated to the commissioner for purposes of
47.31administering and enforcing the provisions of this chapter. The commissioner shall grant
47.32or deny a license application or a renewal application within 60 days of its filing. If the
47.33license is granted, the commissioner shall license the applicant as a dealer or manufacturer
48.1for the remainder of the calendar year. Upon application by the licensee, the commissioner
48.2shall renew the license for a two year period, if:
48.3 (a) the renewal application satisfies the requirements of subdivisions 3 and 4;
48.4 (b) the renewal applicant has made all listings, registrations, notices and reports
48.5required by the commissioner during the preceding year; and
48.6 (c) the renewal applicant has paid all fees owed pursuant to sections327B.01 to
48.7327B.12
and all taxes, arrearages, and penalties owed to the state.
48.8EFFECTIVE DATE.This section is effective July 1, 2007.
48.9 Sec. 55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
48.10 Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's
48.11license to an owner of a manufactured home park authorizing the licensee as principal
48.12only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
48.13manufactured homes located in the owned manufactured home park. The licensee must
48.14be the title holder of the homes and may engage in no more than ten sales annually. An
48.15owner may, upon payment of the applicable fee and compliance with this subdivision,
48.16obtain a separate license for each owned manufactured home park and is entitled to sell up
48.17to ten homes per license provided that only one limited dealer license may be issued for
48.18each park. The license shall be issued after:
48.19 (1) receipt of an application on forms provided by the commissioner containing
48.20the following information:
48.21 (i) the identity of the applicant;
48.22 (ii) the name under which the applicant will be licensed and do business in this state;
48.23 (iii) the name and address of the owned manufactured home park, including a copy
48.24of the park license, serving as the basis for the issuance of the license;and
48.25 (iv) the name, home, and business address of the applicant;
48.26 (v) the name, address, and telephone number of one individual that is designated
48.27by the applicant to receive all communications and cooperate with all inspections and
48.28investigations of the commissioner pertaining to the sale of manufactured homes in the
48.29manufactured home park owned by the applicant;
48.30 (vi) whether the applicant or its designated individual has been convicted of a crime
48.31within the previous ten years that is either related directly to the business for which the
48.32license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
48.33judgment in a civil action involving fraud, misrepresentation, or conversion within the
48.34previous five years or has had any government license or permit suspended or revoked
49.1as a result of an action brought by a federal or state governmental agency in this or any
49.2other state within the last five years; and
49.3 (vii) the applicant's qualifications and business history, including whether the
49.4applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
49.5any unsatisfied court judgments outstanding against it or them;
49.6 (2) payment of a $100 annual fee; and
49.7 (3) provision of a surety bond in the amount of $5,000. A separate surety bond
49.8must be provided for each limited license.
49.9 The applicant need not comply with section327B.04, subdivision 4 , paragraph (e).
49.10The holding of a limited dealer's license does not satisfy the requirement contained in
49.11section327B.04, subdivision 4 , paragraph (e), for the licensee or salespersons with respect
49.12to obtaining a dealer license. The commissioner may, upon application for a renewal of
49.13a license, require only a verification that copies of sales documents have been retained
49.14and payment of a $100 renewal fee. "Sales documents" mean only the safety feature
49.15disclosure form defined in section327C.07, subdivision 3a , title of the home, financing
49.16agreements, and purchase agreements.
49.17 The license holder shall, upon request of the commissioner, make available for
49.18inspection during business hours sales documents required to be retained under this
49.19subdivision.
49.20 Sec. 56. Minnesota Statutes 2006, section 327B.04, is amended by adding a
49.21subdivision to read:
49.22 Subd. 8a. Service. Service of a document on a limited dealer licensed under this
49.23section may be effected by mail to or by personal service on: (1) the licensee at the
49.24licensee's last known address; or (2) the individual designated by the licensee at that
49.25individual's last known address.
49.26 Sec. 57. [327B.042] NOTICE TO COMMISSIONER.
49.27 Subdivision 1. Notification. A person licensed as a dealer, limited dealer, or
49.28manufacturer shall notify the commissioner of the occurrence of any of the events in
49.29subdivisions 2 to 5.
49.30 Subd. 2. Change in application information. A licensee shall notify the
49.31commissioner in writing within ten days of the change of any change in information
49.32contained in the most recent license application on file with the commissioner, which
49.33shall include any change in the information pertaining to the individual designated under
49.34section 327B.04, subdivision 8, clause (1), item (vi).
50.1 Subd. 3. Civil judgment. A licensee shall notify the commissioner in writing
50.2within ten days of any decision of a court regarding a proceeding in which the licensee
50.3was named as a defendant, and in which fraud, misrepresentation, or the conversion of
50.4funds was found to have been committed by the licensee.
50.5 Subd. 4. Disciplinary action in another state. A licensee shall notify the
50.6commissioner in writing within ten days of the condition, reprimand, censure, limitation,
50.7suspension, or revocation of any other professional or occupational license, registration,
50.8permit, or certificate held by the licensee in this or any other state, or any other United
50.9States jurisdiction.
50.10 Subd. 5. Criminal offense. A licensee shall notify the commissioner in
50.11writing within ten days if the licensee is found guilty of a felony, gross misdemeanor,
50.12misdemeanor, or any comparable offense related to manufactured home sales, improper
50.13business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer
50.14laws in this or any other state, or any other United States jurisdiction.
50.15 Sec. 58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
50.16 Subdivision 1. Grounds. In addition to the grounds in section 326B.082,
50.17subdivision 11, the commissioner may by order deny, suspend, limit, place conditions
50.18on, or revokeany the application or license on finding (1) that the order is in the public
50.19interest and (2) that the of any applicant or licensee or any of its directors, officers, limited
50.20or general partners, controlling shareholders, or affiliates for any of the following grounds:
50.21(a) has filed an application for a license or a license renewal which fails to disclose
50.22any material information or contains any statement which is false or misleading with
50.23respect to any material fact;
50.24(b) (a) has violated any of the provisions of sections
327B.01 to
327B.12 or any
50.25rule or order issued by the commissioner or any prior law providing for the licensing of
50.26manufactured home dealers or manufacturers;
50.27(c) (b) has had a previous manufacturer or dealer license revoked in this or any
50.28other state;
50.29(d) (c) has engaged in acts or omissions which have been adjudicated or amount to a
50.30violation of any of the provisions of section325D.44 ,
325F.67 or
325F.69 ;
50.31(e) (d) has sold or brokered the sale of a home containing a material violation of
50.32sections327.31 to
327.35 about which the dealer knew or which should have been obvious
50.33to a reasonably prudent dealer;
50.34(f) (e) has failed to make or provide all listings, notices and reports required by
50.35the commissioner;
51.1(g) (f) has failed to pay a civil penalty assessed under subdivision 5 within ten
51.2days after the assessment becomes final;
51.3(h) (g) has failed to pay to the commissioner or other responsible government agency
51.4all taxes, fees and arrearages due;
51.5(i) (h) has failed to duly apply for license renewal;
51.6(j) (i) has violated any applicable manufactured home building or safety code;
51.7(k) (j) has failed or refused to honor any express or implied warranty as provided
51.8in section327B.03 ;
51.9(l) (k) has failed to continuously occupy a permanent, established place of business
51.10licensed under section327B.04 ;
51.11(m) (l) has, without first notifying the commissioner, sold a new and unused
51.12manufactured home other than the make of manufactured home described in a franchise or
51.13contract filed with the application for license or license renewal;
51.14(n) (m) has wrongfully failed to deliver a certificate of title to a person entitled to it;
51.15(o) (n) is insolvent or bankrupt;
51.16(p) (o) holds an impaired or canceled bond;
51.17(q) (p) has failed to notify the commissioner of bankruptcy proceedings within ten
51.18days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
51.19(r) (q) has, within the previous ten years, been convicted of a crime that either related
51.20directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
51.21or misuse of funds;
51.22(s) (r) has suffered a judgment within the previous five years in a civil action
51.23involving fraud, misrepresentation or misuse of funds; or
51.24(t) (s) has failed to reasonably supervise any employee or agent of the dealer or
51.25manufacturer, resulting in injury or harm to the public.
51.26 The commissioner may establish rules pursuant to section327B.10 further
51.27specifying, defining or establishing standards of conduct for manufactured home dealers
51.28and manufacturers.
51.29 Sec. 59. Minnesota Statutes 2006, section 327B.10, is amended to read:
51.30327B.10 RULEMAKING AUTHORITY.
51.31 The commissioner may promulgate rules and issue orders reasonably necessary
51.32to implement and administer the provisions of sections327B.01 to
327B.12 . The
51.33commissioner shall adopt rules establishing and approving education programs for
51.34manufactured home installers. Each manufactured home installer must satisfactorily
51.35complete the continuing education requirements established by the commissioner in rule.
52.1 Sec. 60. INCORPORATING ADAPTABILITY DESIGN ELEMENTS; REPORT.
52.2 The commissioner of labor and industry shall explore the possibility of incorporating
52.3the adaptability design elements in the State Building Code for the following International
52.4Residential Codes (IRC) and International Building Codes (IBC):
52.5 (1) IRC-1;
52.6 (2) IRC-2;
52.7 (3) IRC-3;
52.8 (4) IBC R-2; and
52.9 (5) IBC R-3.
52.10 The commissioner shall report back to the legislative committees having jurisdiction
52.11over these issues by January 15, 2008.
52.12 Sec. 61. REVISOR'S INSTRUCTION.
52.13 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
52.14column A with the number listed in column B. The revisor shall also make necessary
52.15cross-reference changes consistent with the renumbering.
53.26 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
53.27 Subd. 2. Class A master electrician.The term "Class A master electrician"
53.28meansa person an individual having the necessary qualifications, training, experience,
53.29and technical knowledge toinstall, alter, repair, plan, lay out, and supervise the installing,
53.30altering, and repairing of electrical wiring, apparatus, and equipment for light, heat, power,
53.31and other purposes perform and supervise any electrical work, and who is licensed as such
53.32a Class A master electrician by theBoard of Electricity commissioner.
53.33 Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
53.34 Subd. 3. Class A journeyman electrician.The term "Class A journeyman
53.35electrician" meansa person an individual having the necessary qualifications, training,
53.36experience, and technical knowledge toinstall, alter, repair, and supervise the installing,
53.37altering, or repairing of electrical wiring, apparatus, and equipment for light, heat, power,
54.1and other purposes perform and supervise any electrical work except for planning or
54.2laying out of electrical work, and who is licensed assuch a Class A journeyman electrician
54.3by theBoard of Electricity commissioner.
54.4 Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.5to read:
54.6 Subd. 4a. Elevator constructor. "Elevator constructor" means an individual having
54.7the necessary qualifications, training, experience, and technical knowledge to wire for,
54.8install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and
54.9escalators and who is licensed as an elevator constructor by the commissioner.
54.10 Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.11to read:
54.12 Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor
54.13whose responsible licensed individual is a licensed master elevator constructor. An
54.14elevator contractor license does not itself qualify its holder to perform or supervise the
54.15electrical or elevator work authorized by holding any other personal license issued by
54.16the commissioner.
54.17 Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.18to read:
54.19 Subd. 4c. Lineman. "Lineman" means an individual having the necessary
54.20qualifications, training, experience, and technical knowledge to construct and maintain
54.21transmission and distribution systems that are or will be owned or leased by an electrical
54.22utility, and who is licensed as a lineman by the commissioner.
54.23 Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.24to read:
54.25 Subd. 4d. Maintenance electrician. "Maintenance electrician" means an individual
54.26having the necessary qualifications, training, experience, and technical knowledge to
54.27properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed
54.28as a maintenance electrician by the commissioner or who is exempt from licensing by
54.29sections 326.241 to 326.248.
54.30 Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.31to read:
55.1 Subd. 4e. Master elevator constructor. "Master elevator constructor" means
55.2an individual having the necessary qualifications, training, experience, and technical
55.3knowledge to properly plan, lay out, and supervise the installation, maintenance, and
55.4repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed
55.5as a master elevator constructor by the commissioner.
55.6 Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
55.7 Subd. 5. Contractor.The term "Contractor" means a person, partnership, or
55.8corporation operating a business that undertakes who performs or offers to undertake to
55.9plan for, lay out, or install or to make additions, alterations, or repairs in the installation
55.10of electrical wiring, apparatus, or equipment for light, heat, power, and other purposes
55.11perform any electrical work, with or without compensation, who is licensed assuch a
55.12contractor by theBoard of Electricity commissioner. A contractor's license does not of
55.13itself qualify its holder to perform or supervise the electrical work authorized by holding
55.14any class of electrician's or other personal electrical license. Contractor includes electrical
55.15contractors and technology system contractors.
55.16 Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
55.17 Subd. 6. Class B master electrician.The term "Class B master electrician"
55.18meansa person an individual having the necessary qualifications, training, experience,
55.19and technical knowledge toinstall, alter, repair, plan, lay out, perform and supervise
55.20the installing, altering, and repairing of electrical wiring, apparatus, and equipment any
55.21electrical work for single phase systems of not over 200 ampere capacity for light, heat,
55.22power, and other purposes on any farm or in any single family dwelling located in any
55.23town or municipality which has a population of less than2500 2,500 inhabitants, and who
55.24is licensed assuch a Class B master electrician by the Board of Electricity commissioner.
55.25 Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
55.26 Subd. 6a. Class B journeyman electrician.The term "Class B journeyman
55.27electrician" meansa person an individual having the necessary qualifications, training,
55.28experience, and technical knowledge to install, alter, repair, and supervise the installing,
55.29altering, or repairing of electrical wiring, apparatus, and equipment for single phase
55.30systems of not more than 200 ampere capacity for light, heat, power, and other purposes
55.31on any farm or in any single family dwelling located in any town or municipality which
55.32has a population of less than2500 2,500 inhabitants, and who is licensed as such a Class B
55.33journeyman electrician by theBoard of Electricity commissioner.
56.1 Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
56.2 Subd. 6b. Class A installer.The term "Class A installer" means a person an
56.3individual who has the necessary qualifications, training, experience, and technical
56.4knowledge to properly lay out and install electrical wiring, apparatus, and equipment for
56.5major electrical home appliances and such other electrical equipment as is determined by
56.6thestate Board of Electricity commissioner pursuant to section
326.242, subdivision 3 ,
56.7on the load side of the main service on farmsteads or in any town or municipality with
56.8less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not
56.9contain an established business of a master electrician, and who is licensed assuch a Class
56.10A installer by thestate Board of Electricity commissioner.
56.11 Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
56.12 Subd. 6c. Class B installer.The term "Class B installer" means a person an
56.13individual who has the necessary qualifications, training, experience, and technical
56.14knowledge to properly lay out and install electrical wiring, apparatus, and equipment
56.15on center pivot irrigation booms on the load side of the main service on farmsteads,
56.16and install other electrical equipment determined by thestate Board of Electricity.
56.17commissioner, and who is licensed as a Class B installermust be licensed by the Board of
56.18Electricity commissioner.
56.19 Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
56.20 Subd. 6e. Owner. An owner isa natural person an individual who physically
56.21performs electrical work on premises theperson individual owns and actually occupies as
56.22a residence or owns and will occupy as a residence upon completion of its construction.
56.23 Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
56.24 Subd. 6f. Electrical work.The term "Electrical work" means the installing,
56.25altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment
56.26for electrical light, heat, power, technology circuits or systems, or other purposes. The
56.27installing,alteration altering, repairing, planning, or laying out of electrical wiring,
56.28apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
56.29or other purposes includes, but is not limited to, the performance of any workgoverned
56.30regulated by the standards referred to in section326.243 .
56.31 Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
57.1 Subd. 6g.Personal Direct supervision. The term "personal "Direct supervision"
57.2meansthat a person licensed to perform electrical work oversees and directs the electrical
57.3work performed by an unlicensed person such that:
57.4 (1)the licensed person actually reviews the electrical work performed by the
57.5unlicensed person an unlicensed individual is being supervised by an individual licensed
57.6to perform the electrical work being supervised;
57.7 (2) during the entire working day of the unlicensed individual, the licensed
57.8individual is physically present at the location where the unlicensed individual is
57.9performing electrical work and immediately available to the unlicensed individual;
57.10 (3) the licensedperson individual is physically present and immediately available to
57.11the unlicensedperson individual at all times for assistance and direction;
57.12 (4) electronic supervision does not meet the requirement of physically present and
57.13immediately available;
57.14 (5) the licensed individual shall review the electrical work performed by the
57.15unlicensed individual before the electrical work is operated; and
57.16(3) (6) the licensed person individual is able to and does determine that all electrical
57.17work performed by the unlicensedperson individual is performed in compliance with
57.18section326.243 .
57.19 The licensedperson individual is responsible for the compliance with section
57.20326.243
of all electrical work performed by the unlicensed person individual.
57.21 Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
57.22 Subd. 6j. Residential dwelling. A "residential dwelling" isan individual dwelling
57.23of a single dwelling unit that is contained in a one-family, two-family, or multifamily
57.24dwelling as defined in the National Electrical Code pursuant to section326.243 , including
57.25its garage or accessory building. A residential dwelling includes a garage and accessory
57.26building that can only be used by the residents of the single dwelling unit.
57.27 Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
57.28 Subd. 6k. Power limited technician.The term "Power limited technician" means
57.29a person an individual having the necessary qualifications, training, experience, and
57.30technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
57.31altering, and repairing of electrical wiring, apparatus, and equipment for technology
57.32circuits or systems, and who is licensed assuch a power limited technician by the Board of
57.33Electricity commissioner.
58.1 Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
58.2 Subd. 6l. Technology circuits or systems. "Technology circuits or systems" means
58.3class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling,
58.4control, alarm, and audio signal, including associated components as covered by the
58.5National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are
58.6isolated from circuits or systems other than class 2 or class 3 by a demarcation and are
58.7not process control circuits or systems; antenna and communication circuits or systems
58.8as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for
58.9indoor lighting and outdoor landscape lighting systems that are supplied by the secondary
58.10circuit of an isolating power supply operating at 30 volts or less as covered by the National
58.11Electrical Code, article 411. The planning, laying out, installing, altering, and repairing
58.12of technology circuits or systems must be performed in accordance with the applicable
58.13requirements of the National Electrical Code pursuant to section326.243 .
58.14 Sec. 19. [326.2415] BOARD OF ELECTRICITY.
58.15 Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12
58.16members. Eleven members shall be appointed by the governor with the advice and consent
58.17of the senate and shall be voting members. Appointments of members by the governor
58.18shall be made in accordance with section 15.066. If the senate votes to refuse to consent
58.19to an appointment of a member made by the governor, the governor shall appoint a new
58.20member with the advice and consent of the senate. One member shall be the commissioner
58.21of labor and industry or the commissioner's designee, who shall be a voting member. Of
58.22the 11 appointed members, the composition shall be as follows:
58.23 (1) one member shall be an electrical inspector;
58.24 (2) two members shall be representatives of the electrical suppliers in rural areas;
58.25 (3) two members shall be master electricians, who shall be contractors;
58.26 (4) two members shall be journeyman electricians;
58.27 (5) one member shall be a registered consulting electrical engineer;
58.28 (6) two members shall be power limited technicians, who shall be technology
58.29system contractors primarily engaged in the business of installing technology circuit
58.30or systems; and
58.31 (7) one member shall be a public member as defined by section 214.02.
58.32 The electrical inspector shall be appointed to a term to end December 31, 2011. One
58.33of the rural electrical suppliers shall be appointed for a term to end December 31, 2011.
58.34The other rural electrical supplier shall be appointed for a term to end December 31,
58.352010. The consulting electrical engineer shall be appointed for a term to end December
59.131, 2011. One of the master electrician contractors shall be appointed for a term to end
59.2December 31, 2011. The other master electrician contractor shall be appointed for a term
59.3to end December 31, 2010. One of the journeyman electricians shall be appointed for a
59.4term to end December 31, 2011. The other journeyman electrician shall be appointed
59.5for a term to end December 31, 2010. One of the power limited technicians shall be
59.6appointed for a term to end December 31, 2011. The other power limited technician shall
59.7be appointed for a term to end December 31, 2010. The public member shall be appointed
59.8for a term to end December 31, 2010.
59.9 (b) The consulting electrical engineer must possess a current Minnesota professional
59.10engineering license and maintain the license for the duration of the term on the board.
59.11All other appointed members, except for the public member and the representatives of
59.12electrical suppliers in rural areas, must possess a current electrical license issued by the
59.13Department of Labor and Industry and maintain that license for the duration of their terms.
59.14All appointed members must be residents of Minnesota at the time of and throughout
59.15the member's appointment. The term of any appointed member that does not maintain
59.16membership qualification status shall end on the date of the status change and the governor
59.17shall appoint a new member. It is the responsibility of the member to notify the board of
59.18their status change.
59.19 (c) For appointed members, except the initial terms designated in paragraph (a), each
59.20term shall be three years with the terms ending on December 31. Members appointed by
59.21the governor shall be limited to three consecutive terms. The governor shall, all or in part,
59.22reappoint the current members or appoint replacement members with the advice and
59.23consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
59.24term. Vacancies occurring with less than six months time remaining in the term shall be
59.25filled for the existing term and the following three-year term. Members may serve until
59.26their successors are appointed but in no case later than July 1 in a year in which the term
59.27expires unless reappointed.
59.28 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
59.29power to:
59.30 (1) elect its chair, vice-chair, and secretary;
59.31 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
59.32and containing such other provisions as may be useful and necessary for the efficient
59.33conduct of the business of the board;
59.34 (3) the Minnesota Electrical Code shall be the most current edition of the National
59.35Electrical Code upon its adoption by the board and any amendments thereto as adopted
59.36by the board. The board shall adopt the most current edition of the National Electrical
60.1Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
60.26, paragraphs (b) and (c);
60.3 (4) review requests for final interpretations and issue final interpretations as provided
60.4in section 16B.63, subdivision 5;
60.5 (5) adopt rules that regulate the licensure or registration of electrical businesses,
60.6electrical contractors, master electricians, journeyman electricians, Class A installer,
60.7Class B installer, power limited technicians, and other persons who perform electrical
60.8work except for those individuals licensed under section 326.02, subdivisions 2 and 3.
60.9The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
60.106, paragraphs (d) and (e);
60.11 (6) adopt rules that regulate continuing education for individuals licensed or
60.12registered as electrical businesses, electrical contractors, master electricians, journeyman
60.13electricians, Class A installer, Class B installer, power limited technicians, and other
60.14persons who perform electrical work. The board shall adopt these rules pursuant to
60.15chapter 14 and as provided in subdivision 6, paragraph (e);
60.16 (7) advise the commissioner regarding educational requirements for electrical
60.17inspectors;
60.18 (8) refer complaints or other communications to the commissioner, whether oral or
60.19in writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule,
60.20or order that the commissioner has the authority to enforce pertaining to code compliance,
60.21licensure, registration, or an offering to perform or performance of unlicensed electrical
60.22services;
60.23 (9) approve per diem and expenses deemed necessary for its members as provided in
60.24subdivision 3;
60.25 (10) approve license reciprocity agreements;
60.26 (11) select from its members individuals to serve on any other state advisory council,
60.27board, or committee; and
60.28 (12) recommend the fees for licenses and certifications.
60.29 Except for the powers granted to the Plumbing Board, Board of Electricity, and
60.30the Board of High Pressure Piping Systems, the commissioner of labor and industry
60.31shall administer and enforce the provisions of this chapter and any rules promulgated
60.32pursuant thereto.
60.33 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
60.34 (c) The commissioner shall coordinate the board's rulemaking and recommendations
60.35with the recommendations and rulemaking conducted by all of the other boards created
60.36pursuant to chapter 326B. The commissioner shall provide staff support to the board. The
61.1support includes professional, legal, technical, and clerical staff necessary to perform
61.2rulemaking and other duties assigned to the board. The commissioner of labor and
61.3industry shall supply necessary office space and supplies to assist the board in its duties
61.4 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
61.5of $55 a day spent on board activities, when authorized by the board, plus expenses in
61.6the same manner and amount as authorized by the commissioner's plan adopted under
61.7section 43A.18, subdivision 2. Members who, as a result of time spent attending board
61.8meetings, incur child care expenses that would not otherwise have been incurred, may be
61.9reimbursed for those expenses upon board authorization.
61.10 (b) Members who are state employees or employees of the political subdivisions
61.11of the state must not receive the daily payment for activities that occur during working
61.12hours for which they are compensated by the state or political subdivision. However, a
61.13state or political subdivision employee may receive the daily payment if the employee
61.14uses vacation time or compensatory time accumulated in accordance with a collective
61.15bargaining agreement or compensation plan for board activities. Members who are state
61.16employees or employees of the political subdivisions of the state may receive the expenses
61.17provided for in this subdivision unless the expenses are reimbursed by another source.
61.18Members who are state employees or employees of political subdivisions of the state
61.19may be reimbursed for child care expenses only for time spent on board activities that
61.20are outside their working hours.
61.21 (c) The board shall adopt internal standards prescribing what constitutes a day spent
61.22on board activities for purposes of making daily payments under this subdivision.
61.23 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
61.24removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
61.25missing three consecutive meetings. The chair of the board shall inform the governor of an
61.26appointed member missing the three consecutive meetings. After the second consecutive
61.27missed meeting and before the next meeting, the secretary of the board shall notify the
61.28appointed member in writing that the member may be removed for missing the next
61.29meeting. In the case of a vacancy on the board, the governor shall, with the advice
61.30and consent of the Senate, appoint a person to fill the vacancy for the remainder of the
61.31unexpired term.
61.32 (b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6.
61.33 Subd. 5. Membership vacancies within three months of appointment.
61.34 Notwithstanding any law to the contrary, when a membership on the board becomes
61.35vacant within three months after being filled through the appointments process, the
62.1governor may, upon notification to the Office of Secretary of State, choose a new member
62.2from the applications on hand and need not repeat the process.
62.3 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
62.4members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
62.5majority of members of the board qualified to vote on the matter in question. All questions
62.6concerning the manner in which a meeting is conducted or called that is not covered
62.7by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
62.8specified by the bylaws.
62.9 (b) Each electrical code amendment considered by the board that receives an
62.10affirmative two-thirds or more majority vote of all of the voting members of the board
62.11shall be included in the next electrical code rulemaking proceeding initiated by the board.
62.12If an electrical code amendment considered, or reconsidered, by the board receives less
62.13than a two-thirds majority vote of all of the voting members of the board, the electrical
62.14code amendment shall not be included in the next electrical code rulemaking proceeding
62.15initiated by the board.
62.16 (c) The board may reconsider electrical code amendments during an active electrical
62.17code rulemaking proceeding in which the amendment previously failed to receive a
62.18two-thirds majority vote or more of all of the voting members of the board only if new
62.19or updated information that affects the electrical code amendment is presented to the
62.20board. The board may also reconsider failed electrical code amendments in subsequent
62.21electrical code rulemaking proceedings.
62.22 (d) Each proposed rule and rule amendment considered by the board pursuant to the
62.23rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that
62.24receives an affirmative majority vote of all of the voting members of the board shall be
62.25included in the next rulemaking proceeding initiated by the board. If a proposed rule or
62.26rule amendment considered, or reconsidered, by the board receives less than an affirmative
62.27majority vote of all of the voting members of the board, the proposed rule or rule
62.28amendment shall not be included in the next rulemaking proceeding initiated by the board.
62.29 (e) The board may reconsider proposed rule or rule amendment during an active
62.30rulemaking proceeding in which the amendment previously failed to receive an affirmative
62.31majority vote of all of the voting members of the board only if new or updated information
62.32that affects the proposed rule or rule amendment is presented to the board. The board
62.33may also reconsider failed proposed rule or rule amendment in subsequent rulemaking
62.34proceedings.
63.1 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
63.2board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
63.3and in a manner as the bylaws may provide.
63.4 (b) If compliance with section 13D.02 is impractical, the board may conduct a
63.5meeting of its members by telephone or other electronic means so long as the following
63.6conditions are met:
63.7 (1) all members of the board participating in the meeting, wherever their physical
63.8location, can hear one another and can hear all discussion and testimony;
63.9 (2) members of the public present at the regular meeting location of the board can
63.10hear clearly all discussion and testimony and all votes of members of the board and, if
63.11needed, receive those services required by sections 15.44 and 15.441;
63.12 (3) at least one member of the board is physically present at the regular meeting
63.13location; and
63.14 (4) all votes are conducted by roll call, so each member's vote on each issue can be
63.15identified and recorded.
63.16 Each member of the board participating in a meeting by telephone or other electronic
63.17means is considered present at the meeting for purposes of determining a quorum and
63.18participating in all proceedings.
63.19 If telephone or other electronic means is used to conduct a regular, special, or
63.20emergency meeting, the board, to the extent practical, shall allow a person to monitor
63.21the meeting electronically from a remote location. The board may require the person
63.22making such a connection to pay for documented costs that the board incurs as a result of
63.23the additional connection.
63.24 If telephone or other electronic means is used to conduct a regular, special, or
63.25emergency meeting, the board shall provide notice of the regular meeting location, of the
63.26fact that some members may participate by telephone or other electronic means, and that
63.27a person may monitor the meeting electronically from a remote location. Any person
63.28monitoring the meeting electronically from a remote location may be required to pay
63.29documented costs incurred by the board as a result of the additional connection. The
63.30timing and method of providing notice is governed by section 13D.04.
63.31 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
63.32the substance of any complaint or communication it receives, whether in writing or oral,
63.33that alleges or implies a violation of a statute, rule, or order that the commissioner has
63.34the authority to enforce pertaining to the license or registration of any person authorized
63.35by the department to provide electrical work, the performance or offering to perform
63.36electrical work requiring licensure or registration, or electrical code compliance. Each
64.1complaint or communication that is forwarded to the commissioner shall be submitted
64.2on a form provided by the commissioner.
64.3 (b) The commissioner shall advise the board of the status of the complaint within 90
64.4days after the board's written submission is received, or within 90 days after the board
64.5is provided with a written request for additional information or documentation from the
64.6commissioner or the commissioner's designee, whichever is later. The commissioner shall
64.7advise the board of the disposition of a complaint referred by the board within 180 days
64.8after the board's written submission is received. The commissioner shall annually report to
64.9the board a summary of the actions taken in response to complaints referred by the board.
64.10 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
64.11Government Data Practices Act, and shall protect from unlawful disclosure data classified
64.12as not public.
64.13 Subd. 10. Official records. The board shall make and preserve all records necessary
64.14to a full and accurate knowledge of its official activities in accordance with section 15.17.
64.15EFFECTIVE DATE.This section is effective July 1, 2007.
64.16 Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
64.17326.242 LICENSES.
64.18 Subdivision 1. Master electrician. Except as otherwise provided by law, noperson
64.19individual shallinstall, alter, repair, plan, lay out, or supervise the installing, altering, or
64.20repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
64.21purposes perform or supervise electrical work unless the person individual is: (a) licensed
64.22by theboard commissioner as a master electrician; and (b)(i) the electrical work is for a
64.23licensed contractor and theperson individual is an employee, partner, or officer of, or is
64.24the licensed contractor, or (ii) the electrical work is performed for theperson's individual's
64.25employer onelectric electrical wiring, apparatus, equipment, or facilities that are owned
64.26or leased by the employerwhich is and that are located within the limits of property
64.27which is operated, maintained, and either owned or leased and operated and maintained by
64.28the employer.
64.29 (1) An applicant for a Class A masterelectrician's electrician license shall (a)
64.30be a graduate of a four-year electrical coursein offered by an accredited college or
64.31university; or (b) shall have had at least oneyear's year of experience, acceptable to the
64.32board commissioner, as a licensed journeyman; or (c) shall have had at least five years'
64.33experience, acceptable to theboard commissioner, in planning for, laying out, supervising
64.34and installing wiring, apparatus, or equipment for electrical light, heat and power.
65.1 (2) As of August 1, 1985, no new Class B masterelectrician's electrician licenses
65.2shall be issued. An individual who has a Class B masterelectrician's electrician license as
65.3of August 1, 1985, may retain and renew the license and exercise the privileges it grants,
65.4which include electrical work limited to single phase systems, not over 200 amperes in
65.5capacity, on farmsteads or single-family dwellings located in towns or municipalities
65.6with fewer than 2,500 inhabitants.
65.7 Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law,
65.8noperson individual shall install, alter, repair, or supervise the installing, altering, or
65.9repairing of electrical wiring, apparatus, or equipment for light, heat, power, or other
65.10purposes perform and supervise any electrical work except for planning or laying out
65.11of electrical work unless:
65.12 (1) theperson individual is licensed by the board commissioner as a journeyman
65.13electrician; and
65.14 (2) the electrical work is:
65.15 (i) for a contractor and theperson individual is an employee, partner, or officer of
65.16the licensed contractor; or
65.17 (ii) performed under the supervision of a master electrician also employed by the
65.18person's individual's employer on electrical wiring, apparatus, equipment, or facilities
65.19that are owned or leased by the employer and thatis are located within the limits of
65.20property operated, maintained, and either owned or leased, operated, and maintained by
65.21the employer.
65.22 (b) An applicant for a Class A journeymanelectrician's electrician license shall have
65.23had at least four years of experience, acceptable to theboard commissioner, in wiring for,
65.24installing, and repairing electrical wiring, apparatus, or equipment, provided however,
65.25that theboard commissioner may by rule provide for the allowance of allow one year of
65.26experience credit for the successful completion of a two-year post high school electrical
65.27course approved by theboard commissioner.
65.28 (c) As of August 1, 1985, no new Class B journeymanelectrician's electrician
65.29licenses shall be issued. An individual who holds a Class B journeymanelectrician's
65.30electrician license as of August 1, 1985, may retain and renew the license and exercise the
65.31privileges it grants, which include electrical work limited to single phase systems, not over
65.32200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or
65.33municipalities with fewer than 2,500 inhabitants.
65.34 Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and
65.356, anyperson individual holding a Class A installer license may lay out and install and
65.36supervise the laying out and installing of electrical wiring, apparatus, or equipment for
66.1major electrical home appliances on the load side of the main service on farmsteads and in
66.2any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to
66.3a city of the first class and does not contain an established business of a contractor. As
66.4of December 1, 2007, no new Class A installer licenses shall be issued. An individual
66.5who holds a Class A installer license as of December 1, 2007, may retain and renew the
66.6license and exercise the privileges it grants.
66.7 Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2
66.8and 6, anyperson individual holding a Class B installer license may lay out and install
66.9electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
66.10side of the main service on farmsteads, and install such other electrical equipment as is
66.11determined approved by the board commissioner.
66.12 Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
66.13license shall have completed a post high school course in electricityacceptable to
66.14approved by theboard commissioner or shall have had at least one year's year of
66.15experience,acceptable to approved by the board commissioner, in electrical wiring.
66.16 Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure,
66.17shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
66.18performance of all work contracted for or entered upon by the installer within the state of
66.19Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
66.20loss by reason of failure of such performance. Such bond shall be in lieu of all other
66.21license bonds to any political subdivision of the state. Such bond shall be written by a
66.22corporate surety licensed to do business in the state of Minnesota.
66.23 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
66.24noperson individual shall install, alter, repair, plan, lay out, or supervise the installing,
66.25altering,or repairing, planning, or laying out of electrical wiring, apparatus, or equipment
66.26for technology circuits or systems unless:
66.27 (1) theperson individual is licensed by the board commissioner as a power limited
66.28technician; and
66.29 (2) the electrical work is:
66.30 (i) for a licensed contractor and theperson individual is an employee, partner, or
66.31officer of, or is the licensed contractor; or
66.32 (ii) performed under the direct supervision of a master electrician or power limited
66.33technician also employed by theperson's individual's employer on technology circuits,
66.34systems, apparatus, equipment, or facilities that are owned or leased by the employer and
66.35that are located within the limits of property operated, maintained, and either owned or
66.36leased, operated, and maintained by the employer.
67.1 (b) An applicant for a power limited technician's license shall (1) be a graduate
67.2of a four-year electrical coursein offered by an accredited college or university; or (2)
67.3have had at least 36 months' experience, acceptable to the board, in planning for, laying
67.4out, supervising,and installing, altering, and repairing wiring, apparatus, or equipment
67.5for power limited systems, provided however, that the board may by rule provide for the
67.6allowance of up to 12 months (2,000 hours) of experience credit for successful completion
67.7of a two-year post high school electrical course or other technical training approved by
67.8the board.
67.9(c) The board may initially set experience requirements without rulemaking, but
67.10must adopt rules before July 1, 2004.
67.11(d) (c) Licensees must attain eight 16 hours of continuing education acceptable to
67.12the board every renewal period.
67.13(e) A person who has submitted an application by June 30, 2003, to take the alarm
67.14and communications examination administered by the board, and who has achieved a
67.15minimal score of 70 percent on the examination by September 30, 2003, may obtain a
67.16power limited technician license without further examination by submitting an application
67.17and a license fee of $30.
67.18(f) (d) A company holding an alarm and communication license as of June 30, 2003,
67.19may designate oneperson individual who may obtain a power limited technician license
67.20without passing an examination administered by theboard commissioner by submitting an
67.21application and license fee of $30.
67.22(g) (e) A person who has submitted an application by September 30, 2005 December
67.2330, 2007, to take the power limited technician examination administered by theboard
67.24department is not required to meet the qualifications set forth in paragraph (b).
67.25Subd. 4. Special electrician. Notwithstanding the provisions of subdivisions 1, 2,
67.266, and 7, the board may by rule provide for the issuance of special electrician licenses
67.27empowering the licensee to engage in a limited class or classes of electrical work, which
67.28class or classes shall be specified on the license certificate. Each licensee shall have had
67.29at least two years of experience, acceptable to the board, in each such limited class of
67.30work for which the licensee is licensed.
67.31 Subd. 5. Unlicensedpersons individuals. (a) An unlicensed person individual
67.32means an individual who has not been licensed by the department to perform specific
67.33electrical work. An unlicensed individual shall not perform electrical work required to
67.34be performed by a licensed individual unless the individual has first registered with the
67.35department as an unlicensed individual. Thereafter, an unlicensed individual shall not
67.36perform electrical work required to be performed by a licensed individual unless the work
68.1is performed under thepersonal direct supervision of a person an individual actually
68.2licensed to perform such workand. The licensed electrician individual and unlicensed
68.3persons are individual must be employed by the same employer. Licensed persons
68.4individuals shall not permit unlicensedpersons individuals to perform electrical work
68.5except under thepersonal direct supervision of a person an individual actually licensed to
68.6perform such work. Unlicensedpersons individuals shall not supervise the performance of
68.7electrical work or make assignments of electrical work to unlicensedpersons individuals.
68.8Except for technology circuit or system work, licensedpersons individuals shall supervise
68.9no more than two unlicensedpersons individuals. For technology circuit or system
68.10work, licensedpersons individuals shall supervise no more than three unlicensed persons
68.11individuals.
68.12 (b) Notwithstanding any other provision of this section, noperson individual other
68.13than a master electrician or power limited technician shall plan or lay out electrical wiring,
68.14apparatus, or equipment for light, heat, power, or other purposes, except circuits or
68.15systems exempted from personal licensing by subdivision 12, paragraph (b).
68.16 (c) Contractors employing unlicensedpersons performing individuals to perform
68.17electrical work shall maintain records establishing compliance with this subdivision,
68.18which that shall designate identify all unlicensed persons individuals performing electrical
68.19work, except forpersons individuals working on circuits or systems exempted from
68.20personal licensing by subdivision 12, paragraph (b), and shall permit theboard department
68.21to examine and copy all such recordsas provided for in section
326.244, subdivision 6
68.22 (d) When a licensed individual supervises the electrical work of an unlicensed
68.23individual, the licensed individual is responsible for ensuring that the electrical work
68.24complies with the Minnesota Electrical Act and all rules adopted under the act.
68.25 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
68.26performing electrical work for a contractor or employer shall register with the department
68.27in the manner prescribed by the commissioner. Experience credit for electrical work
68.28performed in Minnesota after January 1, 2008, by an applicant for a license identified in
68.29this section shall not be granted where the applicant has not registered with or is not
68.30licensed by the department.
68.31 Subd. 6. Contractor's license required. Except as otherwise provided by law, no
68.32person individual other than an employee, partner, or officer of a licensed contractor, as
68.33defined by section326.01 326B.31, subdivision 5 12undertake perform or offer
68.34toundertake to plan for, lay out, supervise or install or to make additions, alterations, or
68.35repairs in the installation of electrical wiring, apparatus, and equipment for light, heat,
68.36power, and other purposes perform electrical work with or without compensation unless
69.1theperson individual obtains a contractor's license. A contractor's license does not of itself
69.2qualify its holder to perform or supervise the electrical work authorized by holding any
69.3class of personalelectrical license.
69.4 Subd. 6a. Bond required. As a condition of licensing, each contractor shall give
69.5and maintain bond to the state in thepenal sum of $5,000 $25,000 conditioned upon the
69.6faithful and lawful performance of all workentered upon contracted for or performed by
69.7the contractor within the state of Minnesota and such bond shall be for the benefit of
69.8persons injured or suffering financial loss by reason of failure of such performance. The
69.9bond shall be filed with theboard commissioner and shall be in lieu of all other license
69.10bonds to any other political subdivision. Such bond shall be written by a corporate surety
69.11licensed to do business in the state of Minnesota.
69.12 Subd. 6b. Insurance required. Each contractor shall have and maintain in effect
69.13general liability insurance, which includes premises and operations insurance and products
69.14and completed operations insurance, with limits of at least $100,000 per occurrence,
69.15$300,000 aggregate limit for bodily injury, and property damage insurance with limits
69.16of at least$25,000 $50,000 or a policy with a single limit for bodily injury and property
69.17damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
69.18shall be written by an insurer licensed to do business in the state of Minnesota and each
69.19contractor shall maintain on file with theboard commissioner a certificate evidencing such
69.20insurance which provides that such insurance shall not be canceled without the insurer
69.21first giving 15 days written notice to theboard commissioner of such cancellation.
69.22 Subd. 6c. Employment of master electrician or power limited technician. (a)No
69.23contractor shall engage in business of electrical contracting unless the contractor employs
69.24a licensed Class A master or Class B Each contractor must designate a responsible master
69.25electrician, or power limited technician, who shall be responsible for the performance of
69.26all electrical work in accordance with the requirements of sections326.241 to
326.248
69.27326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The
69.28classes of workfor which the that a licensed contractor is authorized to perform shall be
69.29limited tothose for which such Class A master electrician, Class B master electrician,
69.30or power limited technician employed by the contractor the classes of work that the
69.31responsible master electrician or power limited electrician is licensed to perform.
69.32 (b) When a contractor's license is held by an individual, sole proprietorship,
69.33partnership, limited liability company, or corporation and the individual, proprietor, one
69.34of the partners, one of the members, or an officer of the corporation, respectively, is not
69.35the responsible master electrician or power limited technicianof record, all requests for
69.36inspection shall be signed by the responsible master electrician or power limited technician
70.1of record. The designated responsible master electrician or power limited technician of
70.2record shall be employed by the individual, partnership, limited liability company, or
70.3corporation which is applying for a contractor's license and shall not be employed in any
70.4capacity as a licensed electrician or licensed technician by any other contractor or employer
70.5designated in subdivision 12. If the contractor is an individual or a sole proprietorship, the
70.6responsible licensed individual must be the individual, proprietor, or managing employee.
70.7If the contractor is a partnership, the responsible licensed individual must be a general
70.8partner or managing employee. If the licensed contractor is a limited liability company,
70.9the responsible licensed individual must be a chief manager or managing employee. If
70.10the contractor is a corporation, the responsible licensed individual must be an officer or
70.11managing employee. If the responsible licensed individual is a managing employee, the
70.12responsible licensed individual must be actively engaged in performing electrical work
70.13on behalf of the contractor, and cannot be employed in any capacity as an electrician
70.14or technician by any other contractor or employer designated in subdivision 12. An
70.15individual may be the responsible licensed individual for only one contractor or employer.
70.16 (c) All applications and renewals forcontractor's contractor licenses and all renewals
70.17shall include a verified statement that the applicant or licensee has complied with this
70.18subdivision.
70.19 Subd. 7. Examination. In addition to the other requirementsimposed herein
70.20described in this section and except asherein otherwise provided in subdivision 11, as
70.21a precondition to issuance of a personal license, each applicant must pass a written
70.22or oral examinationgiven developed and administered by the board commissioner to
70.23insure ensure the competence of each applicant for license. An oral examination shall
70.24be administered only to an applicant who furnishes a written statement from a certified
70.25teacher or other professional, trained in the area of reading disabilities stating that the
70.26applicant has a specific reading disability which would prevent the applicant from
70.27performing satisfactorily on a written test. The oral examination shall be structured so that
70.28an applicant who passes the examination will not impair the applicant's own safety or that
70.29of others while acting as a licensedperson individual. No person individual failing an
70.30examination may retake it for six months thereafter, but within such six months theperson
70.31individual may take an examination for a lesser grade of license. Anylicensee individual
70.32failing to renew a personal license for two years or more after its expiration, and any
70.33licensee whose personal license is revoked under this chapter, shall be required to retake
70.34the examination before being issued a new license. An individual whose personal license
70.35is revoked under any other chapter is not required to retake the examination before being
70.36issued a new license, unless the personal license was revoked two years or more before the
71.1commissioner received the completed application for a new license. A licensee whose
71.2personal license is suspended for any reason is not required to retake the examination
71.3before the personal license is reinstated, unless the personal license has not been reinstated
71.4within two years after the suspension began.
71.5 An applicant for a personal license shall submit to theboard commissioner an
71.6application and examination fee at the time of application. Upon approval of the
71.7application, theboard commissioner shall schedule the applicant for the next available
71.8examination, which shall be held within 60 days. The applicant shall be allowed one
71.9opportunity to reschedule an examination without being required to submit another
71.10application and examination fee. Additionally, an applicant who fails an examination, or
71.11whose applicationhas been disapproved, must was not approved, shall submit another
71.12application and examination fee.
71.13 Subd. 8. License and renewal fees; expiration.All licenses issued hereunder shall
71.14expire in a manner as provided by the board. (a) Unless revoked or suspended under this
71.15chapter, all licenses issued or renewed under this section expire on the date specified
71.16in this subdivision. Master licenses expire March 1 of each odd-numbered year after
71.17issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
71.18year after issuance or renewal. Technology system contractor licenses expire August 1 of
71.19each even-numbered year after issuance or renewal. All other personal licenses expire two
71.20years from the date of original issuance and every two years thereafter.
71.21 (b) Fees, as set by the board, shall be payable for application and examination, and
71.22for the original issuance and each subsequent renewalof the following, are:
71.23 (1) For each personal license application and examination: $35;
71.24Class A Master.
71.25Class B Master.
71.26Class A Journeyman, Class B Journeyman, Installer, Power Limited Technician, or
71.27Special Electrician.
71.28 (2) For original issuanceof original license and each subsequent renewal of:
71.29 Class A Master. or master elevator constructor: $40 per year;
71.30 Class B Master.: $25 per year;
71.31 Power Limited Technician.: $15 per year;
71.32 Class A Journeyman, Class B Journeyman, Installer,or Special Elevator Constructor,
71.33Lineman, or Maintenance Electrician.: $15 per year;
71.34Electrical contractor.: $100 per year;
71.35Technology Systems Contractor Unlicensed individual registration: $15 per year.
72.1 (c) If any new license is issued in accordance with this subdivision for less than two
72.2years, the fee for the license shall be prorated on an annual basis.
72.3 (d) A license fee may not be refunded after a license is issued or renewed. However,
72.4if the fee paid for a license was not prorated in accordance with this subdivision, the
72.5amount of the overpayment shall be refunded.
72.6 (e) Any contractor who seeks reissuance of a license after it has been revoked or
72.7suspended under this chapter shall submit a reissuance fee of $100 before the license is
72.8reinstated.
72.9 (f) The fee for the issuance of each duplicate license is $15.
72.10(3) (g) An individual or contractor who fails to renew a license before 30 days
72.11after the expiration of the license must submit a late fee equal to one year's license fee in
72.12addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
72.13or contractor that fails to renew a license by the expiration date is unlicensed until the
72.14license is renewed.
72.15Subd. 9. Denial, suspension, and revocation of licenses. The board may by order
72.16deny, suspend, revoke, or refuse to renew a license, or may censure a licensee if the board
72.17finds (1) in its discretion that the order is in the public interest and (2) that, based upon a
72.18preponderance of the evidence presented, the applicant or licensee:
72.19(a) has filed an application for a license which is incomplete in any material respect
72.20or contains any statement which, in light of the circumstances under which it is made, is
72.21false or misleading with respect to any material fact;
72.22(b) has engaged in any fraudulent, deceptive, or dishonest act or practice;
72.23(c) has been convicted within the past five years of a misdemeanor involving a
72.24violation of sections
326.241 to
326.248;
72.25(d) has violated or failed to comply with sections
326.241 to
326.248 or any rule or
72.26order adopted or issued under these sections; or
72.27(e) has, in the conduct of the applicant's or licensee's affairs, including, but
72.28not limited to, the performance of electrical work, been shown to be incompetent or
72.29untrustworthy.
72.30If a licensee engages in conduct that is proven by a preponderance of the evidence to
72.31be a basis for discipline pursuant to paragraphs (a) to (e), the conduct shall constitute a
72.32violation of this subdivision. The board may take action under this subdivision or any
72.33other law authorizing action against a licensee regardless of whether the underlying
72.34conduct was willful.
73.1The board may adopt rules further specifying and defining actions, conduct, and
73.2omissions that constitute fraudulent, deceptive, dishonest, or prohibited practices, and
73.3establishing standards of conduct for applicants and licensees.
73.4Subd. 9a. Civil penalties. Whenever a preponderance of the evidence presented
73.5proves that a person has violated or failed to comply with sections
326.241 to
326.248 or
73.6any rule or order adopted or issued under these sections, the board may impose a civil
73.7penalty upon the person in an amount not to exceed $10,000 per violation.
73.8Subd. 9b. Orders for hearing. The complaint committee may, on behalf of the
73.9board, issue an order requiring a licensee or an applicant for a license to appear at a
73.10hearing on the issue of whether the license should be revoked or suspended, the licensee
73.11censured, the application denied, or a civil penalty imposed. The order shall be calculated
73.12to give reasonable notice of the time and place for hearing, and shall state the reasons for
73.13the entry of the order. All hearings shall be conducted in accordance with chapter 14.
73.14After the hearing, the board shall enter an order making a disposition of the matter as the
73.15facts require. If the licensee or applicant fails to appear at a hearing of which that person
73.16has been duly notified, the person is in default and the proceeding may be determined
73.17against that person upon consideration of the order for hearing, the allegations of which
73.18may be deemed to be true.
73.19Subd. 9c. Temporary suspension. (a) The complaint committee may, on
73.20behalf of the board and in the public interest, temporarily suspend a license pending
73.21final determination of an order for hearing. The complaint committee shall not issue
73.22a temporary suspension order until an investigation of the facts has been conducted
73.23pursuant to section
214.10 by the attorney general. The complaint committee shall issue a
73.24temporary suspension order only when the safety of life or property is threatened or to
73.25prevent the commission of fraudulent, deceptive, or dishonest acts against the public.
73.26Service of the temporary suspension order is effective if the order is served on the licensee
73.27or counsel of record personally or by first class mail to the most recent address provided to
73.28the board for the licensee or the counsel of record.
73.29(b) If a license is suspended pending final determination of an order for hearing, a
73.30hearing on the merits shall be held within 45 days of the issuance of the order of temporary
73.31suspension. The administrative law judge shall issue a report within 30 days after closing
73.32of the contested case hearing record. The board shall issue a final order within 30 days
73.33after receipt of that report and any exceptions.
73.34(c) If the licensee requests a hearing in writing within ten days of service of the
73.35order, the board shall hold a hearing before its own members on the sole issue of whether
73.36there is a reasonable basis to continue, modify, or vacate the temporary suspension. The
74.1board shall hold the hearing within five working days of the licensee's request for hearing.
74.2Evidence presented by the complaint committee or licensee shall be in affidavit form only.
74.3The licensee or counsel of record for the licensee may appear for oral argument. Within
74.4five working days after the hearing, the board shall issue its order either continuing or
74.5vacating the temporary suspension.
74.6Subd. 9d. Cease and desist order. (a) Whenever it appears to the complaint
74.7committee that any person has engaged or is about to engage in any act or practice
74.8constituting a violation of sections
326.241 to
326.248, any other law authorizing the
74.9issuance of a cease and desist order, or any rule or order adopted or issued under these
74.10sections, the complaint committee may, on behalf of the board, issue and cause to be
74.11served upon the person an order requiring the person to cease and desist from violating
74.12sections
326.241 to
326.248 or any rule or order adopted or issued under these sections.
74.13The complaint committee shall not issue a cease and desist order until an investigation of
74.14the facts has been conducted pursuant to section
214.10 by the attorney general. The order
74.15shall be calculated to give reasonable notice of the right of the person to request a hearing
74.16and shall state the reasons for the entry of the order. If no hearing is requested of the board
74.17within 15 days of service of the order, the order shall become final and shall remain in
74.18effect until it is modified or vacated by the board and shall not be reviewable by a court.
74.19(b) A hearing shall be held not later than 30 days from the date of the board's receipt
74.20of a written hearing request, unless otherwise agreed by the person requesting the hearing
74.21and the complaint committee. Within 30 days of receipt of the administrative law judge's
74.22report and any exceptions, the board shall issue a final order modifying, vacating, or
74.23making permanent the cease and desist order as the facts require. The final order remains
74.24in effect until modified or vacated by the board.
74.25Subd. 9e. Costs of proceeding. The board may impose a fee to reimburse the
74.26board for all or part of the cost of the proceedings resulting in disciplinary action or
74.27the imposition of civil penalties or the issuance of a cease and desist order. Such fees
74.28include, but are not limited to, the amount paid by the board for services from the office of
74.29administrative hearings, attorney fees, court reporters, witnesses, reproduction of records,
74.30board members' per diem compensation, board staff time, and expense incurred by board
74.31members and staff.
74.32Subd. 9f. District court action; injunctive relief and civil penalties. (a) Whenever
74.33it appears to the board, or the complaint committee if authorized by the board, that any
74.34person has engaged or is about to engage in any act or practice constituting a violation of
74.35sections
326.241 to
326.248 or any rule or order adopted or issued under these sections,
74.36the board, or the complaint committee if authorized by the board, may bring an action
75.1in the name of the board in the Ramsey County District Court or the district court of
75.2any other county in which venue is proper.
75.3(b) The action may be brought to enjoin the acts or practices and to enforce
75.4compliance with sections
326.241 to
326.248, any other law authorizing a civil or
75.5injunctive action, or any rule or order adopted or issued under these sections and for a civil
75.6penalty not to exceed $10,000 for each separate violation of sections
326.241 to
326.248,
75.7any other law authorizing a civil or injunctive action, or any rule or order adopted or
75.8issued under these sections.
75.9(c) A temporary restraining order and other temporary injunctive relief shall be
75.10granted in the proceeding whenever it appears that any person has engaged in or is about
75.11to engage in any act, conduct, or practice constituting violation of sections
326.241 to
75.12326.248, any other law authorizing a civil or injunctive action, or any rule or order adopted
75.13or issued under these sections. The board shall not be required to show irreparable harm.
75.14Subd. 9g. Other remedies. The issuance of a cease and desist order or injunctive
75.15relief under this section does not relieve a person from criminal prosecution by any
75.16competent authority or from disciplinary action by the board and does not prevent the
75.17board from exercising any other authority granted to it.
75.18Subd. 9h. Powers additional. The powers contained in subdivisions 9 to 9g are in
75.19addition to all other powers of the board.
75.20Subd. 9i. Cooperation required. A person who is the subject of an investigation,
75.21or who is questioned in connection with an investigation, by or on behalf of the board
75.22or its complaint committee shall cooperate fully with the investigation. Cooperation
75.23includes, but is not limited to:
75.24(1) responding fully and promptly to questions raised by or on behalf of the board or
75.25its complaint committee relating to the subject of the investigation;
75.26(2) providing copies of records in the person's possession related to the matter under
75.27investigation as requested by the board, its complaint committee, or the attorney general
75.28within the time limit set by the board, its complaint committee, or the attorney general;
75.29(3) assisting the board, its complaint committee, or the attorney general in its
75.30investigation; and
75.31(4) appearing at conferences or hearings scheduled by the board or its complaint
75.32committee.
75.33Subd. 9j. Disciplinary proceedings closed. Proceedings held before the board or
75.34its complaint committee under chapter 214 or subdivisions 9 to 9d are exempt from the
75.35requirements of section
13D.01.
76.1Subd. 9k. Conflicts of law. If there is a conflict between sections
326.241 to
76.2326.248 and chapter 214, sections
326.241 to
326.248 shall control.
76.3Subd. 10. Continuation of business by estates. Upon the death of a master who is
76.4a contractor, the board may permit the decedent's representative to carry on the business
76.5of the decedent for a period not in excess of six months, for the purpose of completing
76.6work under contract or otherwise to comply with sections
326.241 to
326.248. The
76.7representative shall give such bond as the board may require conditioned upon the faithful
76.8and lawful performance of such work and such bond shall be for the benefit of persons
76.9injured or suffering financial loss by reason of failure of such performance. Such bond
76.10shall be written by a corporate surety licensed to do business in the state of Minnesota.
76.11Such representative shall also comply with all public liability and property damage
76.12insurance requirements imposed by this chapter upon a licensed contractor.
76.13 Subd. 11. Reciprocity.To the extent that any other state which provides for the
76.14licensing of electricians provides for similar action the board may grant licenses, without
76.15examination, of the same grade and class to an electrician who has been licensed by such
76.16other state for at least one year, upon payment by the applicant of the required fee and
76.17upon the board being furnished with proof that the required fee and upon the board being
76.18furnished with proof that the qualifications of the applicant are equal to the qualifications
76.19of holders of similar licenses in Minnesota. The commissioner may enter into reciprocity
76.20agreements for personal licenses with another state if approved by the board. Once
76.21approved by the board, the commissioner may issue a personal license without requiring
76.22the applicant to pass an examination provided the applicant:
76.23 (a) submits an application under section 326.242;
76.24 (b) pays the fee required under section 326.242; and
76.25 (c) holds a valid comparable license in the state participating in the agreement.
76.26 Agreements are subject to the following:
76.27 (1) The parties to the agreement must administer a statewide licensing program that
76.28includes examination and qualifying experience or training comparable to Minnesota's.
76.29 (2) The experience and training requirements under which an individual applicant
76.30qualified for examination in the qualifying state must be deemed equal to or greater than
76.31required for an applicant making application in Minnesota at the time the applicant
76.32acquired the license in the qualifying state.
76.33 (3) The applicant must have acquired the license in the qualifying state through an
76.34examination deemed equivalent to the same class of license examination in Minnesota.
76.35A lesser class of license may be granted where the applicant has acquired a greater
77.1class of license in the qualifying state and the applicant otherwise meets the conditions
77.2of this subdivision.
77.3 (4) At the time of application, the applicant must hold a valid license in the
77.4qualifying state and have held the license continuously for at least one year before making
77.5application in Minnesota.
77.6 (5) An applicant is not eligible for a license under this subdivision if the applicant
77.7has failed the same or greater class of license examination in Minnesota, or if the
77.8applicant's license of the same or greater class has been revoked or suspended.
77.9 (6) An applicant who has failed to renew a personal license for two years or more
77.10after its expiration is not eligible for a license under this subdivision.
77.11 Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
77.12electricianwho is supervised by the responsible master electrician for a contractor who
77.13has contracted with the maintenance electrician's employer to provide services for which
77.14a contractor's license is required or by a master electrician or an electrical engineer
77.15registered with the board and who is an employee of an employer and is engaged in the
77.16maintenance, and repair of electrical equipment, apparatus, and facilities owned or leased
77.17by the employer, and performed within the limits of property which is owned or leased
77.18and operated and maintained by said employer, shall is not be required to hold or obtain a
77.19license under sections326.241 to
326.248. 326B.31 to 326B.399 if:
77.20 (1) the individual is engaged in the maintenance and repair of electrical equipment,
77.21apparatus, and facilities that are owned or leased by the individual's employer and that are
77.22located within the limits of property operated, maintained, and either owned or leased by
77.23the individual's employer;
77.24 (2) the individual is supervised by:
77.25 (i) the responsible master electrician for a contractor who has contracted with the
77.26individual's employer to provide services for which a contractor's license is required; or
77.27 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
77.28engineer, or, if the maintenance and repair work is limited to technology circuit and system
77.29work, a licensed power limited technician; and
77.30 (3) the individual's employer has filed with the commissioner a certificate of
77.31responsible person, signed by the responsible master electrician of the contractor, the
77.32licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
77.33the licensed power limited technician, and stating that the person signing the certificate is
77.34responsible for ensuring that the maintenance and repair work performed by the employer's
77.35employees complies with the Minnesota Electrical Act and the rules adopted under that act.
78.1 (b) Employees of a licensed electrical or technology systems contractor or other
78.2employer where provided with supervision by a master electrician in accordance with
78.3subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
78.4(a), clause (1), are not required to hold a license under sections326.241 to
326.248
78.5326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of
78.6technology circuits or systems except planning, laying out, or installing:
78.7 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
78.8control circuits or systems other than class 2 or class 3, except circuits that interconnect
78.9these systems through communication, alarm, and security systems are exempted from
78.10this paragraph;
78.11 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
78.12physically unprotected circuits other than class 2 or class 3; or
78.13 (3) technology circuits and systems in hazardous classified locations as covered by
78.14chapter 5 of the National Electrical Code.
78.15 (c) Companies and their employees that plan, lay out, install, alter, or repair class
78.162 and class 3 remote control wiring associated with plug or cord and plug connected
78.17appliances other than security or fire alarm systems installed in a residential dwelling are
78.18not required to hold a license under sections326.241 to
326.248
78.19 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
78.20employees are not required to hold or obtain a license under sections326.241 to
78.21326.248
78.22refrigeration work as described in section326.245 .
78.23 (e) Employees of anyelectric electrical, communications, or railway utility, cable
78.24communications company as defined in section238.02 , or a telephone company as defined
78.25under section237.01 or its employees, or of any independent contractor performing work
78.26on behalf of any such utility, cable communications company, or telephone company, shall
78.27not be required to hold a license under sections326.241 to
326.248
78.28 (1) while performing work on installations, materials, or equipment which are owned
78.29or leased, and operated and maintained by such utility, cable communications company, or
78.30telephone company in the exercise of its utility, antenna, or telephone function, and which
78.31 (i) are used exclusively for the generation, transformation, distribution, transmission,
78.32or metering of electric current, or the operation of railway signals, or the transmission
78.33of intelligence and do not have as a principal function the consumption or use of electric
78.34current or provided service by or for the benefit of any person other than such utility, cable
78.35communications company, or telephone company, and
79.1 (ii) are generally accessible only to employees of such utility, cable communications
79.2company, or telephone company or persons acting under its control or direction, and
79.3 (iii) are not on the load side of the service point or point of entrance for
79.4communication systems;
79.5 (2) while performing work on installations, materials, or equipment which are a part
79.6of the street lighting operations of such utility; or
79.7 (3) while installing or performing work on outdoor area lights which are directly
79.8connected to a utility's distribution system and located upon the utility's distribution poles,
79.9and which are generally accessible only to employees of such utility or persons acting
79.10under its control or direction.
79.11 (f) An owner shall not be required to hold or obtain a license under sections326.241
79.12to
326.248
79.13EFFECTIVE DATE.This section is effective December 1, 2007, except that
79.14the amendments to subdivision 8 are effective July 1, 2007, and the amendments to
79.15subdivision 11 are effective retroactively from January 1, 2007.
79.16 Sec. 21. Minnesota Statutes 2006, section 326.243, is amended to read:
79.17326.243 SAFETY STANDARDS.
79.18 All electrical wiring, apparatus and equipment forelectric electrical light, heat
79.19and power, technology circuits or systems shall comply with the rules of the department
79.20of Commerce or the Department of Labor and Industry, as applicable, and the board and
79.21be installed in conformity with accepted standards of construction for safety to life and
79.22property. For the purposes of this chapter, the rules and safety standards stated at the
79.23time the work is done in the then mostrecently published current edition of the National
79.24Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
79.25by the American National Standards Institute, and the National Electrical Safety Code
79.26as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
79.27by the American National Standards Institute, shall be prima facie evidence of accepted
79.28standards of construction for safety to life and property; provided further, that in the event
79.29a Minnesota Building Code is formulated pursuant to section16B.61 , containing approved
79.30methods of electrical construction for safety to life and property, compliance with said
79.31methods of electrical construction of said Minnesota Building Code shall also constitute
79.32compliance with this section, and provided further, that nothing herein contained shall
79.33prohibit any political subdivision from making and enforcing more stringent requirements
80.1than set forth herein and such requirements shall be complied with by all licensed
80.2electricians working within the jurisdiction of such political subdivisions.
80.3 Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
80.4 Subd. 1a. Technology systems. (a) The installation of the technology circuits or
80.5systems described in paragraph (b), except:
80.6 (1) minor work performed by a contractor;
80.7 (2) work performed by a heating, ventilating, or air conditioning contractor as
80.8described in section326.245 ; and
80.9 (3) work performed by cable company employees when installing cable
80.10communications systems or telephone company employees when installing telephone
80.11systems,
80.12must be inspected as provided in this section for compliance with the applicable provisions
80.13of the National Electrical Code and the applicable provisions of the National Electrical
80.14Safety Code, as those codes were approved by the American National Standards Institute.
80.15 (b) The inspection requirements in paragraph (a) apply to:
80.16 (1)remote control circuits controlling class 2 or class 3 remote control circuits that
80.17control circuits or systems other than class 2 or class 3 and indoor lighting, except circuits
80.18that interconnect these systems exempted by section326.242, subdivision 12 , paragraph
80.19(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
80.20or devices containing physically unprotected circuits other than class 2 or class 3; or
80.21technology circuits and systems in hazardous classified locations as covered by chapter 5
80.22of the National Electrical Code;
80.23 (2) fire alarm systems, other than in one- or two-family dwellings, as defined in
80.24articles 100 and 760 of the National Electrical Code;
80.25 (3) technology circuits and systems contained within critical care areas of health
80.26care facilities as defined by the safety standards identified in section326.243 , including,
80.27but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
80.28monitoring, and nurse call systems;and
80.29 (4) physical security systems within detention facilities.; and
80.30 (5) circuitry and equipment for indoor lighting systems as defined in article 411
80.31of the National Electrical Code.
80.32 (c) For the purposes of this subdivision "minor work" means the adjustment or repair
80.33and replacement of worn or defective parts of a technology circuit or system. Minor work
80.34may be inspected under this section at the request of the owner of the property or the
80.35person doing the work.
81.1 (d) Notwithstanding this subdivision, if an electrical inspector observes that a
81.2contractor, employer, or owner has not complied with accepted standards when the
81.3work was performed, as provided in the most recent editions of the National Electrical
81.4Code and the National Electrical Safety Code as approved by the American National
81.5Standards Institute, the inspector may order the contractor, employer, or owner who has
81.6performed the work to file a request for electrical inspection, pay an inspection fee, and
81.7make any necessary repairs to comply with applicable standards and require that the
81.8work be inspected.
81.9 Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
81.10to read:
81.11 Subd. 1b. Licenses; bond. All inspectors shall hold licenses as master or
81.12journeyman electricians under this chapter. All inspectors under contract with the
81.13department to provide electrical inspection services shall give bond in the amount of
81.14$1,000, conditioned upon the faithful performance of their duties.
81.15 Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read:
81.16 Subd. 2. Procedure. (a) At or before commencement of any installation required
81.17to be inspected by theboard commissioner, the contractor, installer, special electrician,
81.18or owner making the installation shall submit to theboard commissioner a request
81.19for inspection, in a form prescribed by theboard commissioner, together with the fees
81.20required for the installation.
81.21 (b) The fees required are a handling fee and an inspection fee. The handling fee shall
81.22be set by theboard commissioner in an amount sufficient to pay the cost of printing and
81.23handling the form requesting an inspection. The inspection fee shall be set by theboard
81.24commissioner in an amount sufficient to pay the actual costs of the inspection and the
81.25board's commissioner's costs in administering the inspection. All fees shall be set pursuant
81.26to the procedure of sections14.001 to
14.69 .
81.27 (c) If the inspector finds that the installation is not in compliance with accepted
81.28standards of construction for safety to life and property as required by section326.243 , the
81.29inspector shall by written order condemn the installation or noncomplying portion thereof,
81.30or order service to the installation disconnected, and shall send a copy of the order to
81.31theboard commissioner. If the installation or the noncomplying part will seriously and
81.32proximately endanger human life and property, the order of the inspector, when approved
81.33by the inspector's superior, shall require immediate condemnation or disconnection. In
81.34all other cases, the order of the inspector shall permit a reasonable opportunity for the
82.1installation to be brought into compliance with accepted standards of construction for
82.2safety to life and property prior to the effective time established for condemnation or
82.3disconnection.
82.4 (d) Copies of each condemnation or disconnection order shall be served personally
82.5or by mail upon the property owner, and the contractor, installer, or special electrician
82.6making the installation, and other persons as theboard commissioner by rule may direct.
82.7An aggrieved party may appeal any condemnation or disconnection order by filing with the
82.8board commissioner a notice of appeal within ten days after (1) service upon the aggrieved
82.9party of the condemnation or disconnection order, if this service is required, or (2) filing
82.10of the order with theboard commissioner, whichever is later. The appeal shall proceed
82.11and the order of the inspector shall have the effect the order, by its terms, and the rules of
82.12theboard commissioner provides. The board commissioner shall adopt rules providing
82.13procedures for the conduct of appeals, including provisions for the stay of enforcement of
82.14the order of the inspector pending such appeal when justified by the circumstances.
82.15 Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read:
82.16 Subd. 3. Duty of electrical utility. No electrical installation subject to inspection
82.17by theboard commissioner shall be newly connected or reconnected for use until there
82.18is filed with the electrical utility supplying power a certificate of the property owner or
82.19licensed electrician, directing the work that inspection has been requested and that the
82.20conditions of the installation are safe for energization, provided further, that in all cases
82.21where an order of condemnation or disconnection has been issued against the installation
82.22or any part thereof, prior to connection or reconnection there shall also first be filed with
82.23the electrical utility supplying the power a copy of an order of the inspector or theboard
82.24commissioner dismissing such prior order of condemnation or disconnection or approving
82.25the installation as being in compliance with accepted standards of construction for safety
82.26to life and property. With respect to transient projects, the aforesaid certificate shall also
82.27contain a certification that the request for inspection has been or will be filed with the
82.28board commissioner so as to be received by it at least five days prior to the date and time
82.29energization of the installation by the utility is to occur, and that the request for inspection
82.30states such date and time, and it shall be the responsibility of theboard commissioner
82.31to have inspection of such transient project occur prior to the date and time at which
82.32the request states energization is to occur.
82.33 Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read:
83.1 Subd. 4. Powers of political subdivisions. Any political subdivision or the
83.2University of Minnesota may make provision for inspection of electrical installations
83.3within its jurisdiction, in which case it shall keep on file with theboard commissioner
83.4copies of its current inspection ordinances and codes. No political subdivision or the
83.5University of Minnesota shall require any individual, partnership, corporation or other
83.6business association holding a license from theboard commissioner under sections
83.7326.241
to
326.248
83.8however, that any such political subdivision or the University of Minnesota may provide
83.9by ordinance a requirement that each individual, partnership, corporation or other business
83.10association doing electrical work within the jurisdiction of such political subdivision or
83.11the University of Minnesota have on file with said political subdivision a copy of the
83.12current license issued by theboard commissioner or such other evidence of such license as
83.13may be provided by theboard commissioner.
83.14 Each electrical inspector of any political subdivision or the University of Minnesota
83.15shall be a licensed master or journeyman electrician under section326.242, subdivision
83.161 , paragraph (1), or 2, paragraph (b), and shall not otherwise engage or be employed in
83.17the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for
83.18light, heat, power, and other purposes and shall have no financial interest in any concern
83.19engaged in any such business.
83.20 Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
83.21 Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall
83.22not be subject to inspection under sections326.241 to
326.248
83.23 (1) when owned or leased, operated and maintained by any employer whose
83.24maintenance electricians are exempt from licensing under sections326.241 to
326.248
83.25326B.31 to 326B.399, while performing electrical maintenance work only as defined
83.26by board rule;
83.27 (2) when owned or leased, and operated and maintained by anyelectric electrical,
83.28communications, or railway utility, cable communications company as defined in section
83.29238.02
, or telephone company as defined under section
237.01 , in the exercise of its
83.30utility, antenna, or telephone function; and
83.31 (i) are used exclusively for the generations, transformation, distribution,
83.32transmission, or metering of electric current, or the operation of railway signals, or the
83.33transmission of intelligence, and do not have as a principal function the consumption or
83.34use of electric current by or for the benefit of any person other than such utility, cable
83.35communications company, or telephone company; and
84.1 (ii) are generally accessible only to employees of such utility, cable communications
84.2company, or telephone company or persons acting under its control or direction; and
84.3 (iii) are not on the load side of the service point or point of entrance for
84.4communication systems;
84.5 (3) when used in the street lighting operations of anelectric electrical utility;
84.6 (4) when used as outdoor area lights which are owned and operated by anelectric
84.7electrical utility and which are connected directly to its distribution system and located
84.8upon the utility's distribution poles, and which are generally accessible only to employees
84.9of such utility or persons acting under its control or direction;
84.10 (5) when the installation, material, and equipment are in facilities subject to the
84.11jurisdiction of the federal Mine Safety and Health Act; or
84.12 (6) when the installation, material, and equipment is part of an elevator installation
84.13for which the elevator contractor, licensed under section326.242 , is required to obtain
84.14a permit from the authority having jurisdiction as provided by section16B.747 , and
84.15the inspection has been or will be performed by an elevator inspector certifiedby the
84.16Department of Administration and licensed by the Board of Electricity department.
84.17This exemption shall apply only to installations, material, and equipment permitted
84.18or required to be connected on the load side of the disconnecting means required for
84.19elevator equipment under NationalElectric Electrical Code Article 620, and elevator
84.20communications and alarm systems within the machine room, car, hoistway, or elevator
84.21lobby.
84.22 Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read:
84.23326.2441 INSPECTION FEE SCHEDULE.
84.24 Subdivision 1. Schedule. State electrical inspection fees shall bepaid according
84.25to calculated in accordance with subdivisions 2 to 13 15.
84.26 Subd. 2. Fee for each separate inspection. The minimum fee for each separate
84.27inspection of an installation, replacement, alteration, or repair is$20. $35. Except as
84.28otherwise provided in this section, the maximum number of separate inspections allowed
84.29without payment of an additional fee is the whole number resulting from dividing by
84.3035 the total fee calculated in accordance with this section. Where additional separate
84.31inspections are necessary, additional fees are required to result in a value equal to the total
84.32number of separate inspections multiplied by 35. The fee for any inspections needed after
84.33a "final inspection" is performed shall be calculated without consideration of any fee
84.34paid before the final inspection.
85.1 Subd. 3. Fee for services, generators, other power supply sources, or feeders to
85.2separate structures. The inspection fee for the installation, addition, alteration, or repair
85.3of each service, change of service, temporary service, generator, other power supply
85.4source, or feeder to a separate structure is:
85.5 (1) 0 ampere to and including 400 ampere capacity,$25 $35;
85.6 (2) 401 ampere to and including 800 ampere capacity,$50 $60; and
85.7 (3) ampere capacity above 800,$75 $100.
85.8 Where multiple disconnects are grouped at a single location and are supplied by a
85.9single set of supply conductors the cumulative rating of the overcurrent devices shall be
85.10used to determine the supply ampere capacity.
85.11 Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
85.12conductors. The inspection fee for the installation, addition, alteration, or repair of
85.13each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
85.14the equipment served, is:
85.15 (1) 0 ampere to and including 200 ampere capacity,$5 $6; and
85.16 (2) ampere capacity above 200,$10 $15.
85.17 Where existing feeders and circuits are reconnected to overcurrent devices installed
85.18as part of the replacement of an existing disconnect, switchboard, motor control center, or
85.19panelboard, the inspection fee for each circuit or feeder is $2.
85.20 Subd. 5.Limitations to fees of subdivisions 3 and 4 Inspection fee for dwellings.
85.21 (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
85.22dwellingwith a supply of up to 500 amperes where a combination of ten or more sources
85.23of supply, feeders, or circuits are installed, added, altered, repaired, or extended is $80. is
85.24the following:
85.25 (1) the fee for each service or other source of power as provided in subdivision 3;
85.26 (2) $100 for up to 30 feeders and circuits; and
85.27 (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
85.28This fee applies to each separate installation for new dwellings andadditions, alterations,
85.29or repairs to existing dwellings and includes not more than two inspections. where 15
85.30or more feeders or circuits are installed or extended in connection with any addition,
85.31alteration, or repair to existing dwellings. Where existing feeders and circuits are
85.32reconnected to overcurrent devices installed as part of the replacement of an existing
85.33panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
85.34of separate inspections shall be determined in accordance with subdivision 2. The
85.35fee for additional inspections or other installations is that specified in subdivisions 2
85.36to, 4, 6, and 8. The installer may submit fees for additional inspections when filing the
86.1request for electrical inspection. The fee for each detached accessory structure directly
86.2associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
86.34. When included on the same request for electrical inspection form, inspection fees for
86.4detached accessory structures directly associated with the dwelling unit may be combined
86.5with the dwelling unit fees to determine the maximum number of separate inspections in
86.6accordance with subdivision 2.
86.7 (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
86.8to 12 or more dwelling units is $50 and the fee for each additional dwelling unit is $25.
86.9$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
86.10or circuit. This fee applies to each separate installation for each new dwelling unit and
86.11where ten or more feeders or circuits are installed or extended in connection with any
86.12addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
86.13are reconnected to overcurrent devices installed as part of the replacement of an existing
86.14panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
86.15of separate inspections for each dwelling unit shall be determined in accordance with
86.16subdivision 2. The fee for additional inspections or for inspection of other installations
86.17is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the
86.18wiring within individual dwelling units and the final feeder to that unit. This limitation is
86.19subject to the following conditions:
86.20(1) where the multifamily dwelling is provided with common service equipment
86.21and each dwelling unit is supplied by a separate feeder or feeders extended from common
86.22service or distribution equipment. The fee for multifamily dwelling services or other
86.23power source supplies and all other circuits is that specified in subdivisions 2 to 4; and.
86.24(2) this limitation applies only to new installations for multifamily dwellings where
86.25the majority of the individual dwelling units are available for inspection during each
86.26inspection trip.
86.27 (c) A separate request for electrical inspection form must be filed for each dwelling
86.28unit that is supplied with an individual set of service entrance conductors. These fees are
86.29the one-family dwelling rate specified in paragraph (a).
86.30 Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
86.31supply for each manufactured home park lot is$25 $35. This fee includes the service or
86.32feeder conductors up to and including the service equipment or disconnecting means.
86.33The fee for feeders and circuits that extend from the service or disconnecting means is
86.34that specified in subdivision 4.
87.1 (b) The fee for each recreational vehicle site electrical supply equipment is$5 $6
87.2for each circuit originating within the equipment. The fee for recreational vehicle park
87.3services, feeders, and circuits is that specified in subdivisions 3 and 4.
87.4 (c) The fee for each street, parking lot, or outdoor area lighting standardis $1, and the
87.5fee for each traffic signal standard is $5. Circuits originating within the standard or traffic
87.6signal controller shall not be used whencomputing calculating the fee for each standard.
87.7 (d) The fee for transformers for light, heat, and power is$10 $15 for transformers
87.8rated up to ten kilovolt-amperes and$20 $30 for transformers rated in excess of ten
87.9kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
87.10supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
87.11supplies.
87.12 (e) The fee for transformers and electronic power supplies for electric signs and
87.13outline lighting is $5 per unit.
87.14 (f) The fee foralarm, communication, remote control, and signaling technology
87.15circuits or systems, and circuits of less than 50 volts, is50 75 cents for each system device
87.16or apparatus.
87.17 (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
87.18fountain, an equipotential plane for an agricultural confinement area, or similar installation
87.19shall be $20 is $35. Bonding conductors and connections require an inspection before
87.20being concealed.
87.21 (h) The fee for all wiring installed on center pivot irrigation booms is$40 $35 plus
87.22$5 for each electrical drive unit.
87.23 (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
87.24lighting fixture luminaire.
87.25 (j) When a separate inspection of a concrete-encased grounding electrode is
87.26performed, the fee is $35.
87.27 (k) The fees required by subdivisions 3 and 4 are doubled for installations over
87.28600 volts.
87.29 Subd. 7. Investigation fees: work without a request for electrical inspection.
87.30 (a) Whenever any work for which a request for electrical inspection is requiredby the
87.31board has begun without the request for electrical inspection form being filed with the
87.32board commissioner, a special investigation shall be made before a request for electrical
87.33inspection form is acceptedby the board.
87.34 (b) An investigation fee, in addition to the full fee required by subdivisions 1
87.35to 6, shall be paid before an inspection is made. The investigation fee is two times the
87.36hourly rate minimum fee specified in subdivision 10 2 or the inspection fee required
88.1by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
88.2investigation fee does not exempt any person from compliance with all other provisions of
88.3theboard department rules or statutes nor from any penalty prescribed by law.
88.4 Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
88.5when reinspection is necessary to determine whether unsafe conditions identified during a
88.6final inspection have been corrected and the conditions are not the subject of an appeal
88.7pending before theboard commissioner or any court, a reinspection fee of $20 may $35
88.8shall be assessed in writing by the inspector.
88.9 Subd. 9. Supplemental fee. When inspections scheduled by the installer are
88.10preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
88.11to circumstances beyond the control of the inspector, a supplemental inspection fee of
88.12$20 may $35 shall be assessed in writing by the inspector.
88.13 Subd. 10. Special inspection. For inspections not covered in this section, or for
88.14requested special inspections or services, the feeshall be $30 is $80 per hour, including
88.15travel time, plus31 cents the standard mileage rate per mile traveled, plus the reasonable
88.16cost of equipment or material consumed. This provision is applicable to inspection
88.17of empty conduits and other jobs as may be determined by theboard commissioner.
88.18This fee may also be assessed when installations are not accessible by roadway and
88.19require alternate forms of transportation. or are located in the Northwest Angle, or when
88.20inspections are performed outside of Minnesota. For purposes of this subdivision,
88.21the standard mileage rate is the standard mileage rate effective at the time of travel,
88.22as established by the Internal Revenue Service for computing the deductible costs of
88.23operating an automobile for business expense purposes.
88.24 Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
88.25projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
88.26sites, and portable road construction plants, the inspection procedures and fees are as
88.27specified in paragraphs (b) to (i).
88.28 (b) The fee for inspection of each generator or other source of supply is that specified
88.29in subdivision 3. A like fee is required at each engagement or setup.
88.30 (c) In addition to the fee for generators or other sources of supply, there must be an
88.31inspection of all installed feeders, circuits, and equipment at each engagement or setup at
88.32the hourly rate specified in subdivision 10, with atwo-hour one-hour minimum.
88.33 (d) An owner, operator, or appointed representative of a transitory enterprise
88.34including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
88.35shows, portable road construction plants, and similar enterprises shall notify theboard
88.36commissioner of its itinerary or schedule and make application for initial inspection a
89.1minimum of 14 days before its first engagement or setup. An owner, operator, or appointed
89.2representative of a transitory enterprise who fails to notify theboard commissioner 14
89.3days before its first engagement or setup may be subject to the investigation fees specified
89.4in subdivision 7. The owner, operator, or appointed representative shall request inspection
89.5and pay the inspection fee for each subsequent engagement or setup at the time of the initial
89.6inspection. For subsequent engagements or setups not listed on the itinerary or schedule
89.7submitted to theboard commissioner and where the board commissioner is not notified at
89.8least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
89.9 (e) Amusement rides, devices, concessions, attractions, or other units must be
89.10inspected at their first appearance of the year. The inspection fee is$20 $35 per unit with a
89.11supply of up to 60 amperes and$30 $40 per unit with a supply above 60 amperes.
89.12 (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
89.13for additional time spent by each inspector if equipment is not ready or available for
89.14inspection at the time and date specified on the application for initial inspection or the
89.15request for electrical inspection form.
89.16 (g) In addition to the fees specified in paragraphs (a) and (b), a fee oftwo hours one
89.17hour at the hourly rate specified in subdivision 10 must be charged for inspections required
89.18to be performed on Saturdays, Sundays, holidays, or after regular business hours.
89.19 (h) The fee for reinspection of corrections or supplemental inspections where an
89.20additional trip is necessary may be assessed as specified in subdivision 8.
89.21 (i) Theboard may commissioner shall retain the inspection fee when an owner,
89.22operator, or appointed representative of a transitory enterprise fails to notify theboard
89.23commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
89.24 Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions
89.252 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
89.26commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
89.27 Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
89.28of the paper form requesting an electrical inspection is up to $1.
89.29 Subd. 13. National Electrical Code used for interpretation of provisions. For
89.30purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most
89.31recently adopted edition of the National Electrical Code shall be prima facie evidence of
89.32the definitions, interpretations, and scope of words and terms used.
89.33EFFECTIVE DATE.This section is effective July 1, 2007.
90.1 Sec. 29. Minnesota Statutes 2006, section 326.245, is amended to read:
90.2326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
90.3 Subdivision 1. Manufacturers. Electrical components, apparatus, or appliances
90.4being manufactured within the limits of property which is owned or leased by a
90.5manufacturer and such manufacturer's production employees are not covered by sections
90.6326.241
to
326.248
90.7 Subd. 2. Electrical appliance units. Installation, alteration, or repair of electrical
90.8appliance units are not covered by sections326.241 to
326.248
90.9the purposes of this section, "electrical appliance units" means all electrical and fossil
90.10fuel appliances that use electricity including, but not limited to, furnaces, water heaters,
90.11stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an
90.12electrical appliance unit is covered by sections326.241 to
326.248
90.13 Subd. 3. Other units. Planning, laying out, and installation of heating, ventilating,
90.14air conditioning, or refrigeration units are not covered by sections326.241 to
326.248
90.15326B.31 to 326B.399. For purposes of this section, heating, ventilating, air conditioning,
90.16or refrigeration units include, but are not limited to, air conditioning units, air conditioning
90.17evaporators, air conditioning condensers, air conditioning and refrigeration chillers,
90.18boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and
90.19supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring
90.20to the unit is covered by sections326.241 to
326.248
90.21 Subd. 4. Other equipment. Planning, laying out, alteration, replacement, or
90.22repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated
90.23devices, controls, and wiring including wiring in or on the equipment, are not covered
90.24by sections326.241 to
326.248
90.25employee of a heating, ventilating, air conditioning, or refrigeration contractor provided
90.26that the employee performing the work has received a certificate of completion from a
90.27heating, ventilating, air conditioning, or refrigeration apprenticeship program approved
90.28by the state of Minnesota or any class of personalelectrical license issued by the board
90.29commissioner. Employees registered in an approved heating, ventilating, air conditioning,
90.30or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air
90.31conditioning, or refrigeration equipment, devices, and controls including wiring in or on
90.32the equipment, under the direction of an employee who has a certificate of completion
90.33from an approved program or any class of personalelectrical license issued by the board
90.34commissioner. The installation of electrical wiring to the unit is covered by sections
90.35326.241
to
326.248
91.1 Sec. 30. Minnesota Statutes 2006, section 326.248, is amended to read:
91.2326.248 CITATION.
91.3 Sections326.241 to
326.248
91.4Electrical Act.
91.5 Sec. 31. [326B.31] DEFINITIONS.
91.6 Subdivision 1. Scope. For purposes of sections 326B.31 to 326B.399, the terms
91.7defined in this section have the meanings given them.
91.8 Subd. 2. Class A electrical contractor. "Class A electrical contractor" means a
91.9licensed contractor whose responsible licensed individual is a licensed Class A master
91.10electrician.
91.11 Subd. 7. Class B electrical contractor. "Class B electrical contractor" means a
91.12licensed contractor whose responsible licensed individual is a licensed Class B master
91.13electrician.
91.14 Subd. 23. Personal license. "Personal license" means any license issued by the
91.15commissioner under section 326B.33 or the rules adopted under section 326B.33, except a
91.16contractor's license.
91.17 Subd. 27. Responsible licensed individual. A contractor's "responsible licensed
91.18individual" means the licensed Class A master electrician, Class B master electrician,
91.19master elevator constructor, or power limited technician designated in writing by the
91.20contractor in the contractor's license application, or in another manner acceptable to the
91.21commissioner, as the individual responsible for the contractor's compliance with sections
91.22326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The
91.23terms "licensed responsible individual" and "licensed responsible master electrician or
91.24power limited technician" are synonymous.
91.25 Subd. 32. Technology system contractor. "Technology system contractor" means
91.26a licensed contractor whose responsible licensed individual is a licensed power limited
91.27technician.
91.28 Sec. 32. REVISOR'S INSTRUCTION.
91.29 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
91.30column A with the number listed in column B. The revisor shall also make necessary
91.31cross-reference changes consistent with the renumbering.
92.24 Sec. 33. REPEALER.
92.25Minnesota Statutes 2006, sections 326.01, subdivision 4; 326.241; and 326.247, are
92.26repealed.
92.29 Section 1. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
92.30 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
92.31during some part of the period of the sales representative agreement:
92.32 (1) is a resident of Minnesota or maintains that person's principal place of business
92.33in Minnesota; or
92.34 (2) whose geographical territory specified in the sales representative agreement
92.35includes part or all of Minnesota.
93.1 (b) To be effective, any demand for arbitration under subdivision 5 must be made
93.2in writing and delivered to the principal on or before one year after the effective date of
93.3the termination of the agreement.
93.4 (c) A provision in any contract between a sales representative dealing in plumbing
93.5equipment or supplies and a principal purporting to waive any provision of this act,
93.6whether by express waiver or by a provision stipulating that the contract is subject to the
93.7laws of another state, shall be void.
93.8 Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
93.9 Subd. 7. Journeyman plumber. A "journeyman plumber" isany person an
93.10individual, other than a master plumber, who, as a principal occupation, is engaged as an
93.11employee of, or is otherwise working under the direction of, a master plumber in the
93.12practical installation of plumbing.
93.13 Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
93.14 Subd. 8. Master plumber. A "master plumber" isany person an individual who is
93.15skilled in the planning, superintending, and the practical installation of plumbingand, who
93.16is otherwise lawfully qualified to contract for plumbing and installations and to conduct
93.17the business of plumbing and who is familiar with the laws and rules governing the same.
93.18 Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
93.19326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY
93.20STANDARDS; LICENSE EXEMPTION.
93.21 Subdivision 1. Rules. Thestate commissioner of health Plumbing Board may, by
93.22rule, prescribe minimum standards which shall be uniform, and which standards shall
93.23thereafter be effective for all new plumbing installations, including additions, extensions,
93.24alterations, and replacements connected with any water or sewage disposal system owned
93.25or operated by or for any municipality, institution, factory, office building, hotel, apartment
93.26building, or any other place of business regardless of location or the population of the city
93.27or town in which the installation is to be located. Notwithstanding the provisions of
93.28Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications,
93.29the commissioner may allow plumbing construction, alteration, or extension to proceed
93.30without approval of the plans or specifications by the commissioner.
93.31 The commissioner shall administer the provisions of sections326.37
93.32326.45 326.44
and for such purposes may employ plumbing inspectors and other assistants.
94.1 Subd. 1a. Agreements with municipalities. The commissioner may enter into an
94.2agreement with a municipality, in which the municipality agrees to perform plan and
94.3specification reviews required to be performed by the commissioner under Minnesota
94.4Rules, part 4715.3130, if:
94.5 (a) the municipality has adopted:
94.6 (1) the plumbing code;
94.7 (2) an ordinance that requires plumbing plans and specifications to be submitted to,
94.8reviewed, and approved by the municipality, except as provided in paragraph (h);
94.9 (3) an ordinance that authorizes the municipality to perform inspections required by
94.10the plumbing code; and
94.11 (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
94.12entirety, except as provided in paragraph (p);
94.13 (b) the municipality agrees to review plumbing plans and specifications for all
94.14construction for which the plumbing code requires the review of plumbing plans and
94.15specifications, except as provided in paragraph (n);
94.16 (c) the municipality agrees that, when it reviews plumbing plans and specifications
94.17under paragraph (b), the review will:
94.18 (1) reflect the degree to which the plans and specifications affect the public health
94.19and conform to the provisions of the plumbing code;
94.20 (2) ensure that there is no physical connection between water supply systems that
94.21are safe for domestic use and those that are unsafe for domestic use; and
94.22 (3) ensure that there is no apparatus through which unsafe water may be discharged
94.23or drawn into a safe water supply system;
94.24 (d) the municipality agrees to perform all inspections required by the plumbing
94.25code in connection with projects for which the municipality reviews plumbing plans and
94.26specifications under paragraph (b);
94.27 (e) the commissioner determines that the individuals who will conduct the
94.28inspections and the plumbing plan and specification reviews for the municipality do not
94.29have any conflict of interest in conducting the inspections and the plan and specification
94.30reviews;
94.31 (f) individuals who will conduct the plumbing plan and specification reviews for
94.32the municipality are:
94.33 (1) licensed master plumbers;
94.34 (2) licensed professional engineers; or
95.1 (3) individuals who are working under the supervision of a licensed professional
95.2engineer or licensed master plumber and who are licensed master or journeyman plumbers
95.3or hold a postsecondary degree in engineering;
95.4 (g) individuals who will conduct the plumbing plan and specification reviews for
95.5the municipality have passed a competency assessment required by the commissioner to
95.6assess the individual's competency at reviewing plumbing plans and specifications;
95.7 (h) individuals who will conduct the plumbing inspections for the municipality
95.8are licensed master or journeyman plumbers, or inspectors meeting the competency
95.9requirements established in rules adopted under section 16B.655;
95.10 (i) the municipality agrees to enforce in its entirety the plumbing code on all
95.11projects, except as provided in paragraph (p);
95.12 (j) the municipality agrees to keep official records of all documents received,
95.13including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
95.14and certificates issued, reports of inspections, and notices issued in connection with
95.15plumbing inspections and the review of plumbing plans and specifications;
95.16 (k) the municipality agrees to maintain the records described in paragraph (j) in the
95.17official records of the municipality for the period required for the retention of public
95.18records under section 138.17, and shall make these records readily available for review at
95.19the request of the commissioner;
95.20 (l) the municipality and the commissioner agree that if at any time during the
95.21agreement the municipality does not have in effect the plumbing code or any of ordinances
95.22described in item (a), or if the commissioner determines that the municipality is not
95.23properly administering and enforcing the plumbing code or is otherwise not complying
95.24with the agreement:
95.25 (1) the commissioner may, effective 14 days after the municipality's receipt of
95.26written notice, terminate the agreement;
95.27 (2) the municipality may challenge the termination in a contested case before the
95.28commissioner pursuant to the Administrative Procedure Act; and
95.29 (3) while any challenge is pending under item (2), the commissioner shall perform
95.30plan and specification reviews within the municipality under Minnesota Rules, part
95.314715.3130;
95.32 (m) the municipality and the commissioner agree that the municipality may terminate
95.33the agreement with or without cause on 90 days' written notice to the commissioner;
95.34 (n) the municipality and the commissioner agree that the municipality shall forward
95.35to the state for review all plumbing plans and specifications for the following types of
95.36projects within the municipality:
96.1 (1) hospitals, nursing homes, supervised living facilities, and similar
96.2health-care-related facilities regulated by the Minnesota Department of Health;
96.3 (2) buildings owned by the federal or state government; and
96.4 (3) projects of a special nature for which department review is requested by either
96.5the municipality or the state;
96.6 (o) where the municipality forwards to the state for review plumbing plans and
96.7specifications, as provided in paragraph (n), the municipality shall not collect any fee for
96.8plan review, and the commissioner shall collect all applicable fees for plan review; and
96.9 (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
96.10license issued by the state.
96.11 Subd. 1b. Existing agreements with municipalities. Any agreement between the
96.12commissioner and a municipality in which the municipality has agreed to perform plan
96.13and specification reviews required to be performed by the commissioner under Minnesota
96.14Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall
96.15remain in effect and shall not be required to be in compliance with subdivision 1a. If any
96.16agreement to perform plan and specification reviews required to be performed by the
96.17commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of
96.18subdivision 1a is later terminated by operation of the terms of the agreement or by either
96.19the commissioner or the municipality, or expires, then any new agreement between the
96.20commissioner and the municipality to perform plan and specification reviews required to
96.21be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply
96.22with subdivision 1a.
96.23 Subd. 2. Standards for capacity.By January 1, 1993, All new floor-mounted water
96.24closets in areas under jurisdiction of theState plumbing code may not have a flush volume
96.25of more than 1.6 gallons. The water closets must meet the standardsof the commissioner
96.26and in the plumbing code and the standards of the American National Standards Institute.
96.27 Subd. 3. Exemption. No license or registration authorized bythis section sections
96.28326.361 to 326.44 shall be required of anycontractor or employee individual engaged
96.29in or employed by a person engaged in the work or business of pipe laying outside of
96.30buildings if suchperson individual or employer is engaged in a business or trade which
96.31has traditionally performed such work within the state prior to January 1, 1994.
96.32 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
96.33Mechanical devices and fittings with internal moving parts are prohibited from installation
96.34in plumbing venting systems.
96.35 (b) All urinals covered under the jurisdiction of the state plumbing code must have a
96.36water flush device with a volume of not more than one gallon per use.
97.1 Sec. 5. [326.3705] PLUMBING BOARD.
97.2 Subdivision 1. Composition. (a) The plumbing board shall consist of 13 members.
97.3Eleven members shall be appointed by the governor with the advice and consent of the
97.4senate and shall be voting members. Appointments of members by the governor shall be
97.5made in accordance with section 15.066. If the senate votes to refuse to consent to an
97.6appointment of a member made by the governor, the governor shall appoint a new member
97.7with the advice and consent of the senate. One member shall be the commissioner of
97.8labor and industry or the commissioner of labor and industry's designee, who shall be a
97.9voting member. One member shall be the commissioner of health or the commissioner of
97.10health's designee, who shall not be a voting member. Of the 11 appointed members, the
97.11composition shall be as follows:
97.12 (1) two members shall be municipal plumbing inspectors, one from the metropolitan
97.13area and one from greater Minnesota;
97.14 (2) one member shall be a licensed professional engineer specializing in plumbing
97.15designs or systems;
97.16 (3) two members shall be commercial/industrial plumbing contractors, one from the
97.17metropolitan area and one from greater Minnesota;
97.18 (4) one member shall be a residential plumbing contractor;
97.19 (5) two members shall be commercial/industrial journeymen, one from the
97.20metropolitan area and one from greater Minnesota;
97.21 (6) one member shall be a residential plumbing journeyman;
97.22 (7) one member shall be a water conditioning contractor; and
97.23 (8) one member shall be a municipal public water supply system operator or
97.24superintendent.
97.25One of the municipal plumbing inspectors shall be appointed for an initial term to end on
97.26December 31, 2010. The other municipal plumbing inspector shall be appointed for an
97.27initial term to end on December 31, 2011. The professional engineer shall be appointed for
97.28an initial term to end on December 31, 2011. One of the commercial/industrial plumbing
97.29contractors shall be appointed for an initial term to end on December 31, 2010. The other
97.30commercial/industrial plumbing contractor shall be appointed for an initial term to end
97.31on December 31, 2011. The residential plumbing contractor shall be appointed for an
97.32initial term to end on December 31, 2010. One of the commercial/industrial plumbing
97.33journeymen shall be appointed for an initial term to end on December 31, 2011. The other
97.34commercial/industrial plumbing journeyman shall be appointed for an initial term to end
97.35on December 31, 2010. The residential plumbing journeyman shall be appointed for an
97.36initial term to end on December 31, 2011. The water conditioning contractor shall be
98.1appointed for an initial term to end on December 31, 2011. The municipal public water
98.2supply system operator or superintendent shall be appointed for an initial term to end
98.3on December 31, 2010.
98.4 (b) The licensed professional engineer must possess a current Minnesota professional
98.5engineering license and maintain the license for the duration of their term. All other
98.6appointed members, except for the water conditioning contractor and the municipal public
98.7water supply system operator or superintendent, must possess a current plumbing license
98.8issued by the Department of Labor and Industry and maintain that license for the duration
98.9of their term. The water conditioning contractor must be licensed as a water conditioning
98.10contractor by the Department of Labor and Industry and maintain the license for the
98.11duration of the term on the board. All appointed members must be residents of Minnesota
98.12at the time of and throughout the member's appointment. The term of any appointed
98.13member that does not maintain membership qualification status shall end on the date of
98.14the status change and the governor shall appoint a new member. It is the responsibility of
98.15the member to notify the board of the member's status change.
98.16 (c) For appointed members, except the initial terms designated in paragraph (a), each
98.17term shall be three years with the terms ending on December 31. Members appointed by
98.18the governor shall be limited to three consecutive terms. The governor shall, all or in part,
98.19reappoint the current members or appoint replacement members with the advice and
98.20consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
98.21term. Vacancies occurring with less than six months time remaining in the term shall be
98.22filled for the existing term and the following three-year term. Members may serve until
98.23their successors are appointed but in no case later than July 1 in a year in which the term
98.24expires unless reappointed.
98.25 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
98.26power to:
98.27 (1) elect its chair, vice-chair, and secretary;
98.28 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
98.29and containing such other provisions as may be useful and necessary for the efficient
98.30conduct of the business of the board;
98.31 (3) adopt the plumbing code that must be followed in this state and any plumbing
98.32code amendments thereto. The board shall adopt the plumbing code and any amendments
98.33thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
98.34 (4) review requests for final interpretations and issue final interpretations as provided
98.35in section 16B.63, subdivision 5;
99.1 (5) except for rules regulating continuing education, adopt rules that regulate the
99.2licensure or registration of plumbing contractors, journeymen, apprentices, master
99.3plumbers, restricted master plumbers, and restricted journeymen and other persons
99.4engaged in the design, installation, and alteration of plumbing systems, except for those
99.5individuals licensed under sections 326.02, subdivisions 2 and 3. The board shall adopt
99.6these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
99.7 (6) advise the commissioner regarding educational requirements for plumbing
99.8inspectors;
99.9 (7) refer complaints or other communications to the commissioner, whether oral or
99.10written, as provided in subdivision 7, that alleges or implies a violation of a statute, rule,
99.11or order that the commissioner has the authority to enforce pertaining to code compliance,
99.12licensure, or an offering to perform or performance of unlicensed plumbing services;
99.13 (8) approve per diem and expenses deemed necessary for its members as provided in
99.14subdivision 3;
99.15 (9) approve license reciprocity agreements;
99.16 (10) select from its members individuals to serve on any other state advisory council,
99.17board, or committee; and
99.18 (11) recommend the fees for licenses and certifications.
99.19Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
99.20Board of High Pressure Piping Systems, the commissioner of labor and industry shall
99.21administer and enforce the provisions of this chapter and any rules promulgated pursuant
99.22thereto.
99.23 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
99.24 (c) The commissioner shall coordinate the board's rulemaking and recommendations
99.25with the recommendations and rulemaking conducted by the other boards created pursuant
99.26to chapter 326B. The commissioner shall provide staff support to the board. The support
99.27includes professional, legal, technical, and clerical staff necessary to perform rulemaking
99.28and other duties assigned to the board. The commissioner of labor and industry shall
99.29supply necessary office space and supplies to assist the board in its duties.
99.30 Subd. 3. Compensation. (a) Members of the board may be compensated at a rate
99.31of $55 a day spent on board activities, when authorized by the board, plus expenses in
99.32the same manner and amount as authorized by the commissioner's plan adopted under
99.33section 43A.18, subdivision 2. Members who, as a result of time spent attending board
99.34meetings, incur child care expenses that would not otherwise have been incurred, may be
99.35reimbursed for those expenses upon board authorization.
100.1 (b) Members who are state employees or employees of the political subdivisions
100.2of the state must not receive the daily payment for activities that occur during working
100.3hours for which they are compensated by the state or political subdivision. However, a
100.4state or political subdivision employee may receive the daily payment if the employee
100.5uses vacation time or compensatory time accumulated in accordance with a collective
100.6bargaining agreement or compensation plan for board activities. Members who are state
100.7employees or employees of the political subdivisions of the state may receive the expenses
100.8provided for in this subdivision unless the expenses are reimbursed by another source.
100.9Members who are state employees or employees of political subdivisions of the state
100.10may be reimbursed for child care expenses only for time spent on board activities that
100.11are outside their working hours.
100.12 (c) The board shall adopt internal standards prescribing what constitutes a day spent
100.13on board activities for purposes of making daily payments under this subdivision.
100.14 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
100.15removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
100.16missing three consecutive meetings. The chair of the board shall inform the governor of an
100.17appointed member missing the three consecutive meetings. After the second consecutive
100.18missed meeting and before the next meeting, the secretary of the board shall notify the
100.19appointed member in writing that the member may be removed for missing the next
100.20meeting. In the case of a vacancy on the board, the governor shall, with the advice
100.21and consent of the senate, appoint a person to fill the vacancy for the remainder of the
100.22unexpired term.
100.23 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
100.24 Subd. 5. Membership vacancies within three months of appointment.
100.25 Notwithstanding any law to the contrary, when a membership on the board becomes
100.26vacant within three months after being filled through the appointments process, the
100.27governor may, upon notification to the office of secretary of state, choose a new member
100.28from the applications on hand and need not repeat the process.
100.29 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
100.30members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
100.31majority of members of the board qualified to vote on the matter in question. All questions
100.32concerning the manner in which a meeting is conducted or called that is not covered
100.33by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
100.34specified by the bylaws.
100.35 (b) Except as provided in paragraph (c), each plumbing code amendment considered
100.36by the board that receives an affirmative two-thirds or more majority vote of all of the
101.1voting members of the board shall be included in the next plumbing code rulemaking
101.2proceeding initiated by the board. If a plumbing code amendment considered, or
101.3reconsidered, by the board receives less than a two-thirds majority vote of all the voting
101.4members of the board, the plumbing code amendment shall not be included in the next
101.5plumbing code rulemaking proceeding initiated by the board.
101.6 (c) If the plumbing code amendment considered by the board is to replace the
101.7Minnesota Plumbing Code with a model plumbing code, then the amendment may only be
101.8included in the next plumbing code rulemaking proceeding if it receives an affirmative
101.9two-thirds or more majority vote of all the voting members of the board.
101.10 (d) The board may reconsider plumbing code amendments during an active
101.11plumbing code rulemaking proceeding in which the amendment previously failed to
101.12receive a two-thirds majority vote or more of all the voting members of the board only if
101.13new or updated information that affects the plumbing code amendment is presented to the
101.14board. The board may also reconsider failed plumbing code amendments in subsequent
101.15plumbing code rulemaking proceedings.
101.16 (e) Each proposed rule and rule amendment considered by the board pursuant to the
101.17rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
101.18affirmative majority vote of all the voting members of the board shall be included in the
101.19next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
101.20considered, or reconsidered, by the board receives less than an affirmative majority vote of
101.21all the voting members of the board, the proposed rule or rule amendment shall not be
101.22included in the next rulemaking proceeding initiated by the board.
101.23 (f) The board may reconsider proposed rules or rule amendments during an
101.24active rulemaking proceeding in which the amendment previously failed to receive an
101.25affirmative majority vote of all the voting members of the board only if new or updated
101.26information that affects the proposed rule or rule amendment is presented to the board.
101.27The board may also reconsider failed proposed rules or rule amendments in subsequent
101.28rulemaking proceedings.
101.29 Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the
101.30board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
101.31and in such a manner as the bylaws may provide.
101.32 (b) If compliance with section 13D.02 is impractical, the board may conduct a
101.33meeting of its members by telephone or other electronic means so long as the following
101.34conditions are met:
101.35 (1) all members of the board participating in the meeting, wherever their physical
101.36location, can hear one another and can hear all discussion and testimony;
102.1 (2) members of the public present at the regular meeting location of the board can
102.2hear clearly all discussion and testimony and all votes of members of the board and, if
102.3needed, receive those services required by sections 15.44 and 15.441;
102.4 (3) at least one member of the board is physically present at the regular meeting
102.5location; and
102.6 (4) all votes are conducted by roll call, so each member's vote on each issue can be
102.7identified and recorded.
102.8Each member of the board participating in a meeting by telephone or other electronic
102.9means is considered present at the meeting for purposes of determining a quorum and
102.10participating in all proceedings.
102.11 If telephone or other electronic means is used to conduct a regular, special, or
102.12emergency meeting, the board, to the extent practical, shall allow a person to monitor
102.13the meeting electronically from a remote location. The board may require the person
102.14making such a connection to pay for documented costs that the board incurs as a result of
102.15the additional connection.
102.16 If telephone or other electronic means is used to conduct a regular, special, or
102.17emergency meeting, the board shall provide notice of the regular meeting location, of the
102.18fact that some members may participate by telephone or other electronic means, and that
102.19a person may monitor the meeting electronically from a remote location. Any person
102.20monitoring the meeting electronically from a remote location may be required to pay
102.21documented costs incurred by the board as a result of the additional connection. The
102.22timing and method of providing notice is governed by section 13D.04.
102.23 Subd. 7. Complaints. (a) The board shall promptly forward to the commissioner
102.24the substance of any complaint or communication it receives, whether written or oral,
102.25that alleges or implies a violation of a statute, rule, or order that the commissioner has
102.26the authority to enforce pertaining to the license or registration of any person authorized
102.27by the department to provide plumbing services, the performance or offering to perform
102.28plumbing services requiring licensure by an unlicensed person, or plumbing code
102.29compliance. Each complaint or communication that is forwarded to the commissioner
102.30shall be submitted on a form provided by the commissioner.
102.31 (b) The commissioner shall advise the board of the status of the complaint within 90
102.32days after the board's written submission is received, or within 90 days after the board
102.33is provided with a written request for additional information or documentation from the
102.34commissioner or the commissioner's designee, whichever is later. The commissioner shall
102.35advise the board of the disposition of a complaint referred by the board within 180 days
103.1after the board's written submission is received. The commissioner shall annually report to
103.2the board a summary of the actions taken in response to complaints referred by the board.
103.3 Subd. 8. Data Practices Act. The board is subject to chapter 13, the Minnesota
103.4Government Data Practices Act, and shall protect from unlawful disclosure data classified
103.5as not public.
103.6 Subd. 9. Official records. The board shall make and preserve all records necessary
103.7to a full and accurate knowledge of its official activities in accordance with section 15.17.
103.8EFFECTIVE DATE.This section is effective July 1, 2007.
103.9 Sec. 6. Minnesota Statutes 2006, section 326.38, is amended to read:
103.10326.38 LOCAL REGULATIONS.
103.11Any city having a system of waterworks or sewerage, or any town in which reside
103.12over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
103.13airports commission, Any of the following entities may, by ordinance, adopt local
103.14regulations providing for plumbing permits,bonds, approval of plans and specifications,
103.15and inspections of plumbing, which regulations are not in conflict with the plumbing
103.16standards on the same subject prescribed by the state commissioner of health. code: any
103.17city having a system of waterworks or sewerage, regardless of population; any town
103.18having a population of 5,000 or more according to the last federal census, exclusive of any
103.19statutory cities located therein; and the Metropolitan Airports Commission. Nocity or
103.20such town such entity shall prohibit plumbers licensed by the state commissioner of health
103.21from engaging in or working at the business of plumbing, except cities and statutory cities
103.22which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such
103.23entity shall require any person who engages in the business of plumbing to post a bond
103.24as a prerequisite for engaging in the business of plumbing, except the bond to the state
103.25required under section 326.40 and except any performance bond required under a contract
103.26with the person for the performance of plumbing work for the entity. No such entity shall
103.27require any person who engages in the business of plumbing to maintain public liability
103.28insurance as a prerequisite for engaging in the business of plumbing, except the insurance
103.29required under section 326.40 and except any public liability insurance required under
103.30a contract with the person for the performance of plumbing work for the entity. Any
103.31city by ordinance may prescribe regulations, reasonable standards, and inspections and
103.32grant permits to any person, firm, or corporation engaged in the business of installing
103.33water softeners, who is not licensed as a master plumber or journeyman plumber by the
103.34state commissioner of health, to connect water softening and water filtering equipment
104.1to private residence water distribution systems, where provision has been previously
104.2made therefor and openings left for that purpose or by use of cold water connections to
104.3a domestic water heater; where it is not necessary to rearrange, make any extension or
104.4alteration of, or addition to any pipe, fixture or plumbing connected with the water system
104.5except to connect the water softener, and provided the connections so made comply with
104.6minimum standards prescribed by thestate commissioner of health.
104.7 Sec. 7. Minnesota Statutes 2006, section 326.38, is amended to read:
104.8326.38 LOCAL REGULATIONS.
104.9 Any city having a system of waterworks or sewerage, or any town in which reside
104.10over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
104.11airports commission, may, by ordinance, adopt local regulations providing for plumbing
104.12permits, bonds, approval of plans, and inspections of plumbing, which regulations are
104.13not in conflict with the plumbing standards on the same subject prescribed by the state
104.14commissioner of health Plumbing Board. No city or such town shall prohibit plumbers
104.15licensed by the state commissioner ofhealth labor and industry from engaging in or
104.16working at the business, except cities and statutory cities which, prior to April 21, 1933,
104.17by ordinance required the licensing of plumbers. No city or town may require a license
104.18for persons performing building sewer or water service installation who have completed
104.19pipe laying training as prescribed by the commissioner of labor and industry. Any city
104.20by ordinance may prescribe regulations, reasonable standards, and inspections and grant
104.21permits to any person, firm, or corporation engaged in the business of installing water
104.22softeners, who is not licensed as a master plumber or journeyman plumber by the state
104.23commissioner ofhealth labor and industry, to connect water softening and water filtering
104.24equipment to private residence water distribution systems, where provision has been
104.25previously made therefor and openings left for that purpose or by use of cold water
104.26connections to a domestic water heater; where it is not necessary to rearrange, make any
104.27extension or alteration of, or addition to any pipe, fixture or plumbing connected with
104.28the water system except to connect the water softener, and provided the connections so
104.29made comply with minimum standards prescribed by thestate commissioner of health
104.30Plumbing Board.
104.31 Sec. 8. Minnesota Statutes 2006, section 326.39, is amended to read:
104.32326.39 VIOLATIONS TO BE REPORTED TOSTATE COMMISSIONER
104.33OF HEALTH.
105.1 Such local authority as may be designated by any such ordinance for the issuance of
105.2such plumbing permits and approval of such plans shall report to thestate commissioner
105.3of health persistent or willful violation of the same and any incompetence of a licensed
105.4plumber observed by the local authority.
105.5 Sec. 9. Minnesota Statutes 2006, section 326.40, is amended to read:
105.6326.40 LICENSING, BOND AND INSURANCE.
105.7 Subdivision 1.License required Plumbers must be licensed in certain cities;
105.8master and journeyman plumbers; plumbing on one's own premises; rules for
105.9examination. In any citynow or hereafter having 5,000 or more population having a
105.10population of 5,000 or more, according to the last federal census, and having a system
105.11of waterworks or sewerage, noperson, firm, or corporation individual shall engage in or
105.12work at the business of a master plumber or journeyman plumber unless licensed to do so
105.13by thestate commissioner of health. A master plumber may also work as a journeyman
105.14plumber.Anyone Any individual not so licensed may do plumbing work which complies
105.15with the provisions of the minimum standard prescribed by thestate commissioner of
105.16health on premises or that part of premises owned and actually occupied by the worker as
105.17a residence, unless otherwise forbidden to do so by a local ordinance.
105.18 In any such city no person, firm, or corporation shall engage in the business of
105.19planning, superintending, or installing plumbingnor or shall install plumbing in connection
105.20with the dealing in and selling of plumbing material and supplies unless at all times a
105.21licensed master plumber, who shall be responsible for proper planning, superintending,
105.22and installation, is in charge of the plumbing work of the person, firm, or corporation.
105.23 TheDepartment of Health Plumbing Board shall prescribe rules, not inconsistent
105.24herewith, for the examination and licensing of plumbers.
105.25 Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
105.26bond to the state in the amount of $25,000 for all work entered into within the state. The
105.27bond shall be for the benefit of persons injured or suffering financial loss by reason of
105.28failure to comply with the requirements of the State Plumbing Code.A The bond given to
105.29the state shall be filed with the commissioner of health and shall be in lieu of all other
105.30bonds to any political subdivision required for plumbing work. The bond shall be written
105.31by a corporate surety licensed to do business in the state.
105.32 In addition, each applicant for a master plumber license or renewal thereof,may
105.33shall provide evidence of public liability insurance, including products liability insurance
105.34with limits of at least $50,000 per person and $100,000 per occurrence and property
105.35damage insurance with limits of at least $10,000. The insurance shall be written by an
106.1insurer licensed to do business in the state of Minnesota and each licensed master plumber
106.2shall maintain on file with thestate commissioner of health a certificate evidencing the
106.3insurance providing that the insurance shall not be canceled without the insurer first giving
106.415 days written notice to the commissioner. The term of the insurance shall be concurrent
106.5with the term of the license.The certificate shall be in lieu of all other certificates required
106.6by any political subdivision for licensing purposes.
106.7 Subd. 3. Bond and insurance exemption. If a master plumberwho is an employee
106.8of a master plumber or who is an employee engaged within the limits of property owned,
106.9leased and operated, or maintained by the employer, in the maintenance and repair of
106.10plumbing equipment, apparatus, or facilities owned or leased by the employer, who is in
106.11compliance with the bond and insurance requirements of subdivision 2 employs another
106.12master plumber, the employee master plumber shall not be required to meet the bond and
106.13insurance requirements of subdivision 2. A master plumber who is an employee working
106.14on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
106.15leased by their employer and which is within the limits of property owned or leased, and
106.16operated or maintained by their employer, shall not be required to meet the bond and
106.17insurance requirements of subdivision 2.
106.18Subd. 4. Alternative compliance. Compliance with the local bond requirements of
106.19a locale within which work is to be performed shall be deemed to satisfy the bond and
106.20insurance requirements of subdivision 2, provided the local ordinance requires at least a
106.21$25,000 bond.
106.22 Subd. 5. Fee.The state commissioner of health may charge Each person giving
106.23bond to the state under subdivision 2 shall pay the department an annual bondfiling
106.24registration feecommensurate with the cost of administering the bond and insurance
106.25requirements of subdivision 2 of $40.
106.26EFFECTIVE DATE.This section is effective December 1, 2007, except that the
106.27amendments to subdivision 5 are effective July 1, 2007.
106.28 Sec. 10. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
106.29 Subdivision 1. License required; master and journeyman plumbers. In any city
106.30now or hereafter having 5,000 or more population, according to the last federal census,
106.31and having a system of waterworks or sewerage, (a) No person, firm, or corporation shall
106.32engage in or work at the business of a master plumberor, restricted master plumber,
106.33journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
106.34state commissioner ofhealth labor and industry. A license is not required for persons
106.35performing building sewer or water service installation who have completed pipe laying
107.1training as prescribed by the commissioner of labor and industry. A master plumber may
107.2also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
107.3master plumber. A journeyman plumber may also work as a restricted journeyman
107.4plumber. Anyone not so licensed may do plumbing work which complies with the
107.5provisions of the minimumstandard standards prescribed by the state commissioner of
107.6health Plumbing Board on premises or that part of premises owned and actually occupied
107.7by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
107.8In any such city (b) No person, firm, or corporation shall engage in the business of
107.9installing plumbing nor install plumbing in connection with the dealing in and selling
107.10of plumbing material and supplies unless at all times a licensed master plumber, or in
107.11cities and towns with a population of fewer than 5,000 according to the federal census a
107.12restricted master plumber, who shall be responsible for proper installation, is in charge
107.13of the plumbing work of the person, firm, or corporation.
107.14The Department of Health shall prescribe rules, not inconsistent herewith, for the
107.15examination and licensing of plumbers.
107.16 Sec. 11. Minnesota Statutes 2006, section 326.401, is amended to read:
107.17326.401 PLUMBER'S APPRENTICES.
107.18 Subdivision 1. Registration.A All plumber's apprentice apprentices must be
107.19registered. To be a registered plumber's apprentice, an individual must either:
107.20 (1) be an individual employed in the trade of plumbing under an apprenticeship
107.21agreement approved by the department under Minnesota Rules, part 5200.0300; or
107.22 (2) be an unlicensed individual registered with the commissionerof health on a
107.23registration application form supplied by the commissioner showing the date of beginning
107.24training, age, schooling, previous experience, employer, and other information required
107.25by the commissioner. under subdivision 3. A plumber's apprentice is authorized to
107.26assist in the installation of plumbing only while under the direct supervision of a master,
107.27restricted master, journeyman, or restricted journeyman plumber. The master, restricted
107.28master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
107.29plumbing work performed by the plumber's apprentice complies with the plumbing code.
107.30 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four
107.31years of practical plumbing experience is eligible to take the journeyman plumbing
107.32examination. Up to 24 months of practical plumbing experience prior toregistration as an
107.33apprentice becoming a plumber's apprentice may be applied to the four-year experience
107.34requirement. However, none of this practical plumbing experience may be applied if the
107.35person individual did not have any practical plumbing experience in the 12-month period
108.1immediately prior toregistration becoming a plumber's apprentice. The commissioner
108.2may adopt rules to evaluate whether theperson's individual's past practical plumbing
108.3experience is applicable in preparing for the journeyman's examination. If two years after
108.4completing the training theperson individual has not taken the examination, the four years
108.5of experience shall be forfeited.
108.6 The commissioner may allow an extension of the two-year period for taking the
108.7exam for cases of hardship or other appropriate circumstances.
108.8 Subd. 3. Registration, rules, applications, renewals, and fees.The Department
108.9of Health may assess fees to pay for the administration of the apprentice registration
108.10program. An unlicensed individual may register by completing and submitting to the
108.11commissioner a registration form provided by the commissioner. A completed registration
108.12form must state the date the individual began training, the individual's age, schooling,
108.13previous experience, and employer, and other information required by the commissioner.
108.14The board may prescribe rules, not inconsistent with this section, for the registration of
108.15unlicensed individuals. Each applicant for initial registration as a plumber's apprentice
108.16shall pay the department an application fee of $25. Applications for initial registration
108.17may be submitted at any time. Registration must be renewed annually and shall be for the
108.18period from July 1 of each year to June 30 of the following year. Applications for renewal
108.19registration must be received by the commissioner by June 30 of each registration period
108.20on forms provided by the commissioner, and must be accompanied by a fee of $25. An
108.21application for renewal registration received on or after July 1 in any year but no more
108.22than three months after expiration of the previously issued registration must pay the past
108.23due renewal fee plus a late fee of $25. No applications for renewal registration will be
108.24accepted more than three months after expiration of the previously issued registration.
108.25EFFECTIVE DATE.This section is effective July 1, 2007.
108.26 Sec. 12. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
108.27 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
108.28of practical plumbing experience is eligible to take the journeyman plumbing examination.
108.29Up to 24 months of practical plumbing experience prior to registration as an apprentice
108.30may be applied to the four-year experience requirement. However, none of this practical
108.31plumbing experience may be applied if the person did not have any practical plumbing
108.32experience in the 12-month period immediately prior to registration. Thecommissioner
108.33Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
108.34experience is applicable in preparing for the journeyman's examination. If two years
109.1after completing the training the person has not taken the examination, the four years
109.2of experience shall be forfeited.
109.3 The commissioner may allow an extension of the two-year period for taking the
109.4exam for cases of hardship or other appropriate circumstances.
109.5 Sec. 13. [326.402] RESTRICTED PLUMBER LICENSE.
109.6 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
109.7restricted journeyman or restricted master plumber license to an individual if:
109.8 (1) the individual completes an application with information required by the
109.9commissioner of labor and industry;
109.10 (2) the completed application is accompanied by a fee of $30;
109.11 (3) the commissioner of labor and industry receives the completed application and
109.12fee before January 1, 2008;
109.13 (4) the completed application demonstrates that the applicant has had at least two
109.14years for a restricted journeyman plumber license or four years for a restricted master
109.15plumber license of practical plumbing experience in the plumbing trade prior to the
109.16application; and
109.17 (5) during the entire time for which the applicant is claiming experience in
109.18contracting for plumbing work under clause (4), the applicant was in compliance with all
109.19applicable bond requirements of section 326.40.
109.20 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
109.21plumber may engage in the plumbing trade in all areas of the state except in cities and
109.22towns with a population of more than 5,000 according to the federal census.
109.23 Subd. 3. Application period. Applications for restricted master plumber and
109.24restricted journeyman plumber licenses must be submitted to the commissioner prior
109.25to January 1, 2008.
109.26 Subd. 4. Renewal; use period for license. A restricted master plumber and
109.27restricted journeyman plumber license must be renewed annually for as long as that
109.28licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
109.29restricted journeyman plumber license within 12 months after the expiration date will
109.30result in permanent forfeiture of the restricted master plumber and restricted journeyman
109.31plumber license.
109.32 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
109.33journeyman plumber license may not be transferred or sold to any other person.
110.1 Subd. 6. Bond; insurance. A restricted master or a restricted journeyman plumber
110.2licensee is subject to the bond and insurance requirements of section 326.40, subdivision
110.32, unless the exemption provided by section 326.40, subdivision 3, applies.
110.4 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
110.5journeyman plumber licenses is the same fee as for a master or journeyman plumber
110.6license, respectively.
110.7EFFECTIVE DATE.This section is effective July 1, 2007.
110.8 Sec. 14. Minnesota Statutes 2006, section 326.405, is amended to read:
110.9326.405 RECIPROCITY WITH OTHER STATES.
110.10The commissioner of health may license without examination, upon payment of the
110.11required fee, nonresident applicants who are licensed under the laws of a state having
110.12standards for licensing plumbers which the commissioner determines are substantially
110.13equivalent to the standards of this state if the other state grants similar privileges to
110.14Minnesota residents duly licensed in this state. The commissioner may enter into
110.15reciprocity agreements for personal licenses with another state if approved by the board.
110.16Once approved by the board, the commissioner may issue a plumber's license without
110.17requiring the applicant to pass an examination provided the applicant:
110.18 (a) submits an application under section 326.42;
110.19 (b) pays the fee required under section 326.42; and
110.20 (c) holds a valid comparable license in the state participating in the agreement.
110.21 Agreements are subject to the following:
110.22 (1) The parties to the agreement must administer a statewide licensing program that
110.23includes examination and qualifying experience or training comparable to Minnesota's.
110.24 (2) The experience and training requirements under which an individual applicant
110.25qualified for examination in the qualifying state must be deemed equal to or greater than
110.26required for an applicant making application in Minnesota at the time the applicant
110.27acquired the license in the qualifying state.
110.28 (3) The applicant must have acquired the license in the qualifying state through an
110.29examination deemed equivalent to the same class of license examination in Minnesota.
110.30A lesser class of license may be granted where the applicant has acquired a greater
110.31class of license in the qualifying state and the applicant otherwise meets the conditions
110.32of this subdivision.
111.1 (4) At the time of application, the applicant must hold a valid license in the
111.2qualifying state and have held the license continuously for at least one year before making
111.3application in Minnesota.
111.4 (5) An applicant is not eligible for a license under this subdivision if the applicant
111.5has failed the same or greater class of license examination in Minnesota, or if the
111.6applicant's license of the same or greater class has been revoked or suspended.
111.7 (6) An applicant who has failed to renew a plumber's license for two years or more
111.8after its expiration is not eligible for a license under this subdivision.
111.9 Sec. 15. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
111.10 Subdivision 1. Application. Applications for plumber's license shall be made to the
111.11state commissioner ofhealth labor and industry, with fee. Unless the applicant is entitled
111.12to a renewal, the applicant shall be licensed by the state commissioner ofhealth labor and
111.13industry only after passing a satisfactory examination developed and administered by the
111.14examiners commissioner of labor and industry, based upon rules adopted by the Plumbing
111.15Board showing fitness. Examination fees for both journeyman and master plumbers
111.16shall be in an amount prescribed by the state commissioner ofhealth labor and industry
111.17pursuant to section144.122 . Upon being notified that of having successfully passed
111.18the examination for original license the applicant shall submit an application, with the
111.19license fee herein provided. License fees shall be in an amount prescribed by the state
111.20commissioner ofhealth labor and industry pursuant to section
144.122 . Licenses shall
111.21expire and be renewed as prescribed by the commissioner pursuant to section144.122 .
111.22 Sec. 16. Minnesota Statutes 2006, section 326.42, is amended to read:
111.23326.42 APPLICATIONS, FEES.
111.24 Subdivision 1. Application. Applications for plumber's license shall be made to
111.25thestate commissioner of health, with fee. Unless the applicant is entitled to a renewal,
111.26the applicant shall be licensed by thestate commissioner of health only after passing
111.27a satisfactory examination by the examiners showing fitness. Examination fees for
111.28both journeyman and master plumbers shall bein an amount prescribed by the state
111.29commissioner of health pursuant to section
144.122
111.30being notifiedthat of having successfully passed the examination for original license
111.31the applicant shall submit an application, with the license fee herein provided.License
111.32fees shall be in an amount prescribed by the state commissioner of health pursuant to
111.33section
144.122. Licenses shall expire and be renewed as prescribed by the commissioner
111.34pursuant to section
144.122. The license fee for each initial and renewal master plumber's
112.1license shall be $120. The license fee for each initial and renewal journeyman plumber's
112.2license shall be $55. The commissioner may by rule prescribe for the expiration and
112.3renewal of licenses. Any licensee who does not renew a license within two years after the
112.4license expires is no longer eligible for renewal. Such an individual must retake and pass
112.5the examination before a new license will be issued. A journeyman or master plumber
112.6who submits a license renewal application after the time specified in rule but within two
112.7years after the license expired must pay all past due renewal fees plus a late fee of $25.
112.8 Subd. 2. Fees for plan reviews and audits. Plumbing system plans and
112.9specifications that are submitted to the commissioner for review shall be accompanied by
112.10the appropriate plan examination fees. If the commissioner determines, upon review of
112.11the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
112.12to plan approval. The commissioner shall charge the following fees for plan reviews and
112.13audits of plumbing installations for public, commercial, and industrial buildings:
112.14 (1) systems with both water distribution and drain, waste, and vent systems and
112.15having:
112.16 (i) 25 or fewer drainage fixture units, $150;
112.17 (ii) 26 to 50 drainage fixture units, $250;
112.18 (iii) 51 to 150 drainage fixture units, $350;
112.19 (iv) 151 to 249 drainage fixture units, $500;
112.20 (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
112.21of $4,000; and
112.22 (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
112.23basin design;
112.24 (2) building sewer service only, $150;
112.25 (3) building water service only, $150;
112.26 (4) building water distribution system only, no drainage system, $5 per supply
112.27fixture unit or $150, whichever is greater;
112.28 (5) storm drainage system, a minimum fee of $150 or:
112.29 (i) $50 per drain opening, up to a maximum of $500; and
112.30 (ii) $70 per interceptor, separator, or catch basin design;
112.31 (6) manufactured home park or campground, one to 25 sites, $300;
112.32 (7) manufactured home park or campground, 26 to 50 sites, $350;
112.33 (8) manufactured home park or campground, 51 to 125 sites, $400;
112.34 (9) manufactured home park or campground, more than 125 sites, $500;
112.35 (10) accelerated review, double the regular fee, one-half to be refunded if no
112.36response from the commissioner within 15 business days; and
113.1 (11) revision to previously reviewed or incomplete plans:
113.2 (i) review of plans for which the commissioner has issued two or more requests for
113.3additional information, per review, $100 or ten percent of the original fee, whichever
113.4is greater;
113.5 (ii) proposer-requested revision with no increase in project scope, $50 or ten percent
113.6of original fee, whichever is greater; and
113.7 (iii) proposer-requested revision with an increase in project scope, $50 plus the
113.8difference between the original project fee and the revised project fee.
113.9 Subd. 3. Inspection fees. The commissioner shall charge the following fees for
113.10inspections under sections 326.361 to 326.44:
113.20EFFECTIVE DATE.This section is effective July 1, 2007.
113.21 Sec. 17. [326B.41] PURPOSE.
113.22 The purpose of sections 326B.41 to 326B.49 is to promote the public health and
113.23safety through properly designed, acceptably installed, and adequately maintained
113.24plumbing systems.
113.25 Sec. 18. [326B.42] DEFINITIONS.
113.26 Subdivision 1. Words, terms, and phrases. For purposes of sections 326B.41 to
113.27326B.49, the terms defined in this section have the meanings given to them.
113.28 Subd. 2. Direct supervision. The term "direct supervision," with respect to direct
113.29supervision of a plumber's apprentice by a master, restricted master, journeyman, or
113.30restricted journeyman plumber, means that:
113.31 (1) at all times while the plumber's apprentice is performing plumbing work, the
113.32supervising plumber is present at the location where the plumber's apprentice is working;
113.33 (2) the supervising plumber is physically present and immediately available to the
113.34plumber's apprentice at all times for assistance and direction;
114.1 (3) any form of electronic supervision does not meet the requirement of physically
114.2present;
114.3 (4) the supervising plumber actually reviews the plumbing work performed by the
114.4plumber's apprentice before the plumbing is operated; and
114.5 (5) the supervising plumber is able to and does determine that all plumbing work
114.6performed by the plumber's apprentice is performed in compliance with the plumbing code.
114.7 Subd. 3. Municipality. The term "municipality" shall have the meaning given to it
114.8in section 16B.60, subdivision 3.
114.9 Subd. 4. Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.
114.10 Sec. 19. REVISOR'S INSTRUCTION.
114.11 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
114.12column A with the number listed in column B. The revisor shall also make necessary
114.13cross-referenced changes consistent with the renumbering.
114.25 Sec. 20. REPEALER.
114.26Minnesota Statutes 2006, section 326.01, subdivision 9, is repealed.
114.29 Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
114.30 Subdivision 1. Rulemaking by commissioner of health. The state commissioner
114.31of health shall, by rule, prescribe minimum standards which shall be uniform, and
114.32which standards shall thereafter be effective for all new water conditioning servicing
114.33and water conditioning installations, including additions, extensions, alterations, and
114.34replacements connected with any water or sewage disposal system owned or operated by
115.1or for any municipality, institution, factory, office building, hotel, apartment building or
115.2any other place of business, regardless of location or the population of the city, county
115.3or town in which located.Such rules, upon approval of the attorney general and their
115.4legal publication, shall have the force of law, and the violation of any part thereof shall
115.5constitute a misdemeanor and may be enjoined by the attorney general.
115.6 Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
115.7326.58 LOCAL REGULATIONS.
115.8 Any city or town with a population of 5,000 or morepersons according to the last
115.9federal census may, by ordinance, adopt local regulations providing for water conditioning
115.10permits, bonds, approval of plans, and inspections of water conditioning installations and
115.11servicing, which regulations shall not be in conflict with the water conditioning standards
115.12on the same subject prescribed by thestate commissioner of health. No such city or
115.13town shall prohibit water conditioning contractors or installers licensed by thestate
115.14commissionerof health from engaging in or working at the business.
115.15 Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
115.16326.59 VIOLATIONS TO BE REPORTED TOSTATE COMMISSIONER
115.17OF HEALTH.
115.18 Such local authority as may be designated by any such ordinance for the issuance
115.19of such water conditioning installation and servicing permits and approval of such plans
115.20shall report to thestate commissioner of health persistent or willful violations of the
115.21same and any incompetence of a licensed water conditioning contractor or licensed water
115.22conditioning installer observed by the local authority.
115.23 Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
115.24326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
115.25 Subdivision 1. Licensing in certain cities. In any city or townnow or hereafter
115.26having a population of 5,000 or more according to the last federal census, no person, firm,
115.27or corporation shall engage in or work at the business of water conditioning installation or
115.28servicing after January 1, 1970, unless(a) (1) at all times a person an individual licensed
115.29as a water conditioning contractor by thestate commissioner of health shall be responsible
115.30for the proper water conditioning installation and servicing work of such person, firm, or
115.31corporation, and (b) (2) all installations, other than exchanges of portable equipment, are
115.32actually made performed by a licensed water conditioning contractor or licensed water
116.1conditioning installer.Anyone Any individual not so licensed may do perform water
116.2conditioning workwhich that complies with the provisions of the minimum standard
116.3prescribed by thestate commissioner of health on premises or that part of premises owned
116.4andactually occupied by the worker as a residence, unless otherwise forbidden to do so
116.5prohibited by a local ordinance.
116.6 Subd. 2. Qualifications for licensing. A water conditioning contractor license
116.7shall be issued only toa person an individual who has demonstrated skill in planning,
116.8superintending, and servicing water conditioning installations. A water conditioning
116.9installer license shall only be issued toa person an individual other than a water
116.10conditioning contractor who has demonstrated practical knowledge of water conditioning
116.11installation.
116.12 Subd. 3. Rules. Thestate commissioner of health shall:
116.13(a) (1) prescribe rules, not inconsistent herewith, for the licensing of water
116.14conditioning contractors and installers;
116.15(b) (2) license water conditioning contractors and installers;
116.16(c) (3) prescribe rules not inconsistent herewith for the examining of water
116.17conditioning contractors and installers prior to first granting a license as a water
116.18conditioning contractor or water conditioning installer; and
116.19(d) (4) collect an examination fee from each examinee for a license as a water
116.20conditioning contractor anda an examination fee from each examinee for a license
116.21as a water conditioning installer in an amountprescribed by the state commissioner of
116.22health pursuant to set forth in section
144.122
116.23must successfully pass the examination for water conditioning contractors before being
116.24licensed as a water conditioning contractor.
116.25 Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
116.26326.601 ALTERNATIVE STATE BONDING AND INSURANCE
116.27REGULATION.
116.28 Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or
116.29installer license or renewal thereof who is required by any political subdivision to give a
116.30bond to obtain or maintain the license, may comply with any political subdivision bonding
116.31requirement by giving a bond to the state as described in paragraph (b). No applicant for a
116.32water conditioning contractor or installer license who maintains the bond under paragraph
116.33(b) shall be otherwise required to meet the bond requirements of any political subdivision.
116.34 (b) Each bond given to the state under this subdivision shall be in the totalpenal sum
116.35of $3,000 conditioned upon the faithful and lawful performance of all water conditioning
117.1contracting or installing work done within the state. The bond shall be for the benefit of
117.2persons suffering injuries or damages due to the work. The bond shall be filed with the
117.3commissionerof health and shall be written by a corporate surety licensed to do business
117.4in this state.No applicant for a water conditioning contractor or installer license who
117.5maintains the bond under this subdivision shall be otherwise required to meet the bond
117.6requirements of any political subdivision. The bond must remain in effect at all times
117.7while the application is pending and while the license is in effect.
117.8 Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or
117.9installer license or renewal thereofmay, in lieu of all other insurance requirements of any
117.10political subdivision for said licensing purposes, maintain the insurance specified by
117.11this subdivision. who is required by any political subdivision to maintain insurance to
117.12obtain or maintain the license may comply with any political subdivision's insurance
117.13requirement by maintaining the insurance described in paragraph (b). No applicant for a
117.14water conditioning contractor or installer license who maintains the insurance described
117.15in paragraph (b) shall be otherwise required to meet the insurance requirements of any
117.16political subdivision.
117.17 (b) The insurance shall provide coverage, including products liability coverage,
117.18for all damages in connection with licensed work for which the licensee is liable, with
117.19personal damage limits of at least $50,000 per person and $100,000 per occurrence and
117.20property damage insurance with limits of at least $10,000. The insurance shall be written
117.21by an insurer licensed to do business in this state andeach licensed water conditioning
117.22contractor or installer shall maintain on file with the commissioner of health a certificate
117.23evidencing the insurance shall be filed with the commissioner. The insurance must remain
117.24in effect at all times while the application is pending and while the license is in effect. The
117.25insurance shall not be canceled without the insurer first giving 15 days' written notice to
117.26the commissioner.
117.27 Subd. 3. Bond and insurance exemption. A water conditioning contractor or
117.28installer who is an employee of a water conditioning contractor or installer, including
117.29an employee engaged in the maintenance and repair of water conditioning equipment,
117.30apparatus, or facilities owned, leased and operated, or maintained by the employer, is
117.31not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
117.32any political subdivision.
117.33 Subd. 4. Fee. The commissionerof health may establish by rule an additional
117.34fee commensurate with the cost of administering the bond and insurance requirements
117.35of subdivisions 1 and 2, which may be charged shall collect a $40 bond registration fee
118.1from each applicant for issuance or renewal of a water conditioning contractor or installer
118.2license who elects to proceed under subdivisions 1 and 2.
118.3EFFECTIVE DATE.This section is effective December 1, 2007, except that the
118.4amendments to subdivision 4 are effective July 1, 2007.
118.5 Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
118.6 Subdivision 1. Water conditioning installation. "Water conditioning installation"
118.7as used in sections
326.57 to
326.65
118.8and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical
118.9or bacterial content, said installation to be made in a water distribution system serving a
118.10single family residential unit, which has been initially established by a licensed plumber,
118.11and does not involve a direct connection without an air gap to a soil or waste pipe.
118.12 Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
118.13 Subd. 2. Water conditioning servicing. "Water conditioning servicing"as used in
118.14sections
326.57 to
326.65
118.15a water conditioning installation.
118.16 Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
118.17 Subd. 3. Rules. In order to provide effective protection of the public health, the
118.18state commissioner of health may by rule prescribe limitations on the nature of alteration
118.19to, extension of, or connection with, the said water distribution system initially established
118.20by a licensed plumber which may be performed by a person licensed hereunder, and may
118.21by rule in appropriate instances require filing of plans, blueprints and specifications prior
118.22to commencement of installation.Such rules, upon approval of the attorney general and
118.23their legal publication, shall have the force of law, and the violation of any part thereof
118.24shall constitute a misdemeanor. The installation of water heaters shall not constitute water
118.25conditioning installation and consequently such work shall be accomplished in accordance
118.26with the provisions of sections
326.37
326.45
118.27 Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
118.28 Subd. 4. Single family residential unit. "Single family residential unit"as used in
118.29sections
326.57 to
326.65
118.30used or intended to be used for residential occupancy by one family, but not including a
118.31motel, hotel or rooming house.
119.1 Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
119.2326.62APPLICATIONS; FEES.
119.3Applications for water conditioning contractor's or installer's licenses shall be
119.4made to the state commissioner of health with the fee prescribed by the commissioner
119.5pursuant to section
144.122. Licenses shall expire and be renewed as prescribed by
119.6the commissioner pursuant to section
144.122. Unless examination fees have been set
119.7by a contract under section 326B.05, examination fees for both water conditioning
119.8contractors and water conditioning installers shall be $50 for each examination. Each
119.9water conditioning contractor and installer license shall expire on December 31 of the year
119.10for which it was issued. The license fee for each initial water conditioning contractor's
119.11license shall be $70, except that the license fee shall be $35 if the application is submitted
119.12during the last three months of the calendar year. The license fee for each renewal water
119.13conditioning contractor's license shall be $70. The license fee for each initial water
119.14conditioning installer license shall be $35, except that the license fee shall be $17.50 if the
119.15application is submitted during the last three months of the calendar year. The license fee
119.16for each renewal water conditioning installer license shall be $35. The commissioner may
119.17by rule prescribe for the expiration and renewal of licenses. Any licensee who does not
119.18renew a license within two years after the license expires is no longer eligible for renewal.
119.19Such an individual must retake and pass the examination before a new license will be
119.20issued. A water conditioning contractor or water conditioning installer who submits a
119.21license renewal application after the time specified in rule but within two years after the
119.22license expired must pay all past due renewal fees plus a late fee of $25.
119.23EFFECTIVE DATE.This section is effective July 1, 2007.
119.24 Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
119.25326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
119.26 The provisions of sections326.57 to
326.65 which that require the obtaining of
119.27licenses to engage in the work or business of water conditioning installation, and the
119.28provisionswhich that provide for the examination of applicants for such licenses, shall
119.29only apply to work accomplished in cities or towns having populations of 5,000 or more
119.30according to the last federal census, and shall not apply to master plumbers and journeymen
119.31plumbers licensed under the provisions of sections
326.37
326.45
119.32 Sec. 12. [326B.50] DEFINITIONS.
120.1 Subdivision 1. Words, terms, and phrases. For the purposes of sections 326B.50
120.2to 326B.59, the terms defined in this section have the meanings given them.
120.3 Sec. 13. REVISOR'S INSTRUCTION.
120.4 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
120.5column A with the number listed in column B. The revisor shall also make necessary
120.6cross-reference changes consistent with the renumbering.
120.21 Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
120.22325E.58 SIGN CONTRACTOR; BOND.
120.23 (a) A sign contractor may post a compliance bond with the commissioner,
120.24conditioned that the sign contractor shall faithfully perform duties and comply with laws,
120.25ordinances, rules, and contracts entered into for the installation of signs. The bond must
120.26be renewed annually and maintained for so long as determined by the commissioner. The
120.27aggregate liability of the surety on the bond to any and all persons, regardless of the
120.28number of claims made against the bond, may not exceed the annual amount of the bond.
120.29The bond may be canceled as to future liability by the surety upon 30 days' written notice
120.30mailed to the commissioner by United States mail.
120.31 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by
120.32a local unit of government that requires signinstallers contractors to post a compliance
120.33bond. The bond is in lieu of any compliance bond required by a local unit of government.
120.34 (c) For purposes of this section, "sign" means a device, structure, fixture, or
120.35placard using graphics, symbols, or written copy that is erected on the premises of an
121.1establishment including the name of the establishment or identifying the merchandise,
121.2services, activities, or entertainment available on the premises.
121.3 Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
121.4 Subd. 6. Lessee. "Lessee" means one who rents or leases residential real estate
121.5pursuant to a written lease agreement of at least one year's duration.
121.6 Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
121.7 Subd. 7. Licensee. "Licensee" means a residential building contractor, residential
121.8remodeler, manufactured home installer, or residential roofer licensed under sections
121.9326.83
to
326.991 326.98
121.10 Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
121.11 Subd. 11. Owner.Except in section
326.91, subdivision 1, "owner" means a person
121.12who has any legal or equitable interest in real property. For purposes of sections
326.83
121.13to
326.991, "owner" does not include a residential building contractor or residential
121.14remodeler who constructs or improves its own property for purposes of speculation. A
121.15residential building contractor or residential remodeler will be presumed to be building or
121.16improving for purposes of speculation if it constructs or improves more than one property
121.17within any 24-month period. "Owner," when used in connection with real property, means
121.18a person who has any legal or equitable interest in the real property.
121.19 Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
121.20 Subd. 18. Residential roofer. "Residential roofer" means a person in the business
121.21of contracting, or offering to contract with an owner, to complete work on residential real
121.22estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of
121.23roof systems, but not construction of new roof systems.
121.24 Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
121.25 Subd. 19. Special skill. "Special skill" means one of the following eight categories:
121.26 (a) Excavation. Excavation includes work in any of the following areas:
121.27 (1) excavation;
121.28 (2) trenching;
121.29 (3) grading; and
121.30 (4) site grading.
122.1 (b) Masonry and concrete. Masonry and concrete includes work in any of the
122.2following areas:
122.3 (1) drain systems;
122.4 (2) poured walls;
122.5 (3) slabs and poured-in-place footings;
122.6 (4) masonry walls;
122.7 (5) masonry fireplaces;
122.8 (6) masonry veneer; and
122.9 (7) water resistance and waterproofing.
122.10 (c) Carpentry. Carpentry includes work in any of the following areas:
122.11 (1) rough framing;
122.12 (2) finish carpentry;
122.13 (3) doors, windows, and skylights;
122.14 (4) porches and decks, excluding footings;
122.15 (5) wood foundations; and
122.16 (6) drywall installation, excluding taping and finishing.
122.17 (d) Interior finishing. Interior finishing includes work in any of the following areas:
122.18 (1) floor covering;
122.19 (2) wood floors;
122.20 (3) cabinet and counter top installation;
122.21 (4) insulation and vapor barriers;
122.22 (5) interior or exterior painting;
122.23 (6) ceramic, marble, and quarry tile;
122.24 (7) ornamental guardrail and installation of prefabricated stairs; and
122.25 (8) wallpapering.
122.26 (e) Exterior finishing. Exterior finishing includes work in any of the following
122.27areas:
122.28 (1) siding;
122.29 (2) soffit, fascia, and trim;
122.30 (3) exterior plaster and stucco;
122.31 (4) painting; and
122.32 (5) rain carrying systems, including gutters and down spouts.
122.33 (f) Drywall and plaster. Drywall and plaster includes work in any of the following
122.34areas:
122.35 (1) installation;
122.36 (2) taping;
123.1 (3) finishing;
123.2 (4) interior plaster;
123.3 (5) painting; and
123.4 (6) wallpapering.
123.5 (g) Residential roofing. Residential roofing includes work in any of the following
123.6areas:
123.7 (1) roof coverings;
123.8 (2) roof sheathing;
123.9 (3) roof weatherproofing and insulation; and
123.10 (4) repair of roof support system, but not construction of new roof support system.
123.11 (h) General installation specialties. Installation includes work in any of the
123.12following areas:
123.13 (1) garage doors and openers;
123.14 (2) pools, spas, and hot tubs;
123.15 (3) fireplaces and wood stoves;
123.16 (4) asphalt paving and seal coating; and
123.17 (5)exterior plaster and stucco; and
123.18(6) ornamental guardrail and prefabricated stairs.
123.19 Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
123.20 Subd. 20. Specialty contractor. "Specialty contractor" means a person in the
123.21business of contracting or offering to contract to build or improve residential real estate by
123.22providing only one special skill as defined in this section.
123.23 Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
123.24326.84 LICENSING REQUIREMENTS.
123.25 Subdivision 1. Persons required to be licensed. A person who meets the definition
123.26of a residential building contractor as defined in section 326.83, subdivision 15, must be
123.27licensed as a residential building contractor by the commissioner. A person who meets
123.28the definition of a residential remodeler as defined in section326.83, subdivision 16 ,
123.29or a residential building contractor as defined in section
326.83, subdivision 15, must
123.30be licensed as a residential building contractor or residential remodeler. 16, must be
123.31licensed by the commissioner as a residential remodeler or residential building contractor.
123.32A person who meets the definition of a residential roofer as defined in section 18 must
123.33be licensed by the commissioner as a residential roofer, residential building contractor,
123.34or residential remodeler. A person who meets the definition of a manufactured home
124.1installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured
124.2home installer by the commissioner.
124.3 Subd. 1a. Persons who may be licensed. A person who meets the definition of
124.4a specialty contractor as defined in section326.83, subdivision 20 19 , may be licensed
124.5by the commissioner as a residential building contractor or residential remodelerunless
124.6required to be licensed by the state as a specialty contractor.
124.7 Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required
124.8to be licensed by subdivision 1 may act or hold themselves out as a residential building
124.9contractors or contractor, residential remodelers remodeler, residential roofer, or
124.10manufactured home installer for compensation without avalid license issued by the
124.11commissioner.
124.12 Subd. 1c. Licensing criteria. The examination and education requirements for
124.13licensure under sections326.84 to
326.991 326.98
124.14designated by the potential licensee. If the qualifying person is a managing employee, the
124.15qualifying person must be an employee who is regularly employed by the licensee and
124.16is actively engaged in the business of residential contracting or residential remodeling
124.17on behalf of the licensee. For a sole proprietorship, the qualifying person must be the
124.18proprietor or managing employee. For a partnership, the qualifying person must be a
124.19general partner or managing employee. For a limited liability company, the qualifying
124.20person must be a chief manager or managing employee. For a corporation, the qualifying
124.21person must bea chief executive officer an owner, officer, or managing employee. A
124.22qualifying person for a corporation or limited liability company may act asa the qualifying
124.23person forone additional corporation if one of the following conditions exists:
124.24(1) there is a common ownership of at least 25 percent of each licensed corporation
124.25for which the person acts in a qualifying capacity; or
124.26(2) one corporation is a subsidiary of another corporation for which the same person
124.27acts in a qualifying capacity. "Subsidiary," as used in this section, means a corporation of
124.28which at least 25 percent is owned by the parent corporation. more than one corporation
124.29or limited liability company if there is common ownership of at least 25 percent among
124.30each of the licensed corporations or limited liability companies for which the person
124.31acts in the capacity of qualifying person.
124.32 Subd. 1d. Required information. (a) Each licensee or applicant for licensure shall
124.33provide to the commissioner a current street address and telephone number where the
124.34licensee resides, and a street address and telephone number where the licensee's business
124.35is physically located. A post office box address is not sufficient to satisfy this requirement.
125.1Each licensee or applicant for licensure must notify the commissioner in writing of any
125.2change in the required information within 15 days of the change.
125.3 (b) Each licensee or applicant for licensure must notify the commissioner in writing
125.4upon any change in control, ownership, officers or directors, personal name, business
125.5name, license name, or qualifying person, within 15 days of the change.
125.6 (c) Each licensee or applicant for licensure must notify the commissioner in writing if
125.7the licensee or applicant for licensure is found to be a judgment debtor based upon conduct
125.8requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
125.9 (d) Each licensee or applicant for licensure must notify the commissioner in writing
125.10within 15 days of filing a petition for bankruptcy.
125.11 (e) Each licensee or applicant for licensure must notify the commissioner in writing
125.12within ten days if the licensee or applicant for licensure has been found guilty of a felony,
125.13gross misdemeanor, misdemeanor, or any comparable offense related to residential
125.14contracting, including convictions of fraud, misrepresentation, misuse of funds, theft,
125.15criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this
125.16or any other state or any other United States jurisdiction.
125.17 Subd. 3. Exemptions. The license requirement does not apply to:
125.18 (1) an employee of a licensee performing work for the licensee;
125.19 (2) a material person, manufacturer, or retailer furnishing finished products,
125.20materials, or articles of merchandise who does not install or attach the items;
125.21 (3) an owneror owners of residential real estate who build or improve builds or
125.22improves any structure on residential real estateand who do the work themselves or
125.23jointly with the owner's own, if the building or improving is performed by the owner's
125.24bona fide employees or by individual owners personally. This exemption does not apply
125.25toa person who engages in a pattern of building or improving real estate for purposes of
125.26resale. Such a pattern is presumed to exist if the person constructs or improves more
125.27than one property within any 24-month period; an owner who constructs or improves
125.28property for purposes of speculation if the building or improving is performed by the
125.29owner's bona fide employees or by individual owners personally. A residential building
125.30contractor or residential remodeler will be presumed to be building or improving for
125.31purposes of speculation if the contractor or remodeler constructs or improves more than
125.32one property within any 24-month period.
125.33 (4) an architect or professional engineer engaging in professional practice as defined
125.34in this chapter by section 326.02, subdivisions 2 and 3;
126.1 (5) a person whose total gross annual receiptsfrom projects regulated under this
126.2section for performing specialty skills for which licensure would be required under this
126.3section do not exceed $15,000;
126.4 (6) a mechanical contractor;
126.5 (7) a plumber, electrician, or other person whose profession is otherwise subject to
126.6statewide licensing, when engaged in the activity which is the subject of that licensure;
126.7 (8) specialty contractors who provide only one special skill as defined in section
126.8326.83
;
126.9 (9) a school district, or a technical college governed under chapter 136F; and
126.10(10) manufactured housing installers; and
126.11(11) (10) Habitat for Humanity and Builders Outreach Foundation, and their
126.12individual volunteers when engaged in activities on their behalf.
126.13 To qualify for the exemption in clause (5), a person must obtain a certificate of
126.14exemption fromlicensing licensure from the commissioner.
126.15 A certificate of exemption will be issued upon the applicant's filing with the
126.16commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in
126.17gross annual receipts derived fromcontracting activities during the calendar year for which
126.18the exemption is requested performing services which require licensure under this section.
126.19 To renew the exemption in clause (5), the applicant must file an affidavit stating that
126.20the applicant did not exceed $15,000 in gross annual receipts during the past calendar
126.21year, and the applicant does not expect to exceed $15,000 in gross annual receipts during
126.22the calendar year for which the exemption is requested.
126.23 If a person, operating under the exemption in clause (5), exceeds $15,000 in gross
126.24receipts during any calendar year, the person must immediately surrender the exemption
126.25certificate and apply for the appropriate license. The person must remain licensed until
126.26such time as the person's gross annual receipts during a calendar year fall below $15,000.
126.27The person may then apply forthis an exemption for the next calendar year.
126.28 Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
126.29326.841 MANUFACTURED HOME INSTALLERS.
126.30 (a) Manufactured home installers are subject to all of the requirements of sections
126.31326.83
to
326.98 , except for the following:
126.32(1) manufactured home installers are not members of the advisory council under
126.33section
326.85;
127.1(2) (1) manufactured home installers are not subject to the continuing education
127.2requirements of section326.87, but are subject to the continuing education requirements
127.3established in rules adopted under section 327B.10 ;
127.4(3) (2) the examination requirement of section
326.89, subdivision 3 , for
127.5manufactured home installers shall be satisfied by successful completion of a written
127.6examinationdesigned administered and developed specifically for the examination of
127.7manufactured home installers. The examination must bedesigned administered and
127.8developed by the commissionerin conjunction with the state building code division. The
127.9commissioner andState Building Code Division the state building official shall seek
127.10advice on the grading, monitoring, and updating of examinations from the Minnesota
127.11Manufactured Housing Association;
127.12(4) the amount of the bond required by section
326.94 shall be $2,500 for
127.13manufactured home installers;
127.14(5) (3) a local government unit may not place a surcharge on a license fee, and
127.15may not charge a separate fee to installers;
127.16(6) (4) a dealer or distributor who does not install or repair manufactured homes is
127.17exempt from licensure under sections326.83 to
326.98 ; and
127.18(7) (5) the exemption under section
326.84, subdivision 3 , clause (5), does not
127.19apply.; and
127.20 (6) manufactured home installers are not subject to the contractor recovery fund
127.21in section 326.975.
127.22 (b) The commissioner may waive all or part of the requirements for licensure
127.23as a manufactured home installer for any individual who holds an unexpired license or
127.24certificate issued by any other state or other United States jurisdiction if the licensing
127.25requirements of that jurisdiction meet or exceed the corresponding licensing requirements
127.26of the department.
127.27 Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
127.28326.842 RESIDENTIAL ROOFERS.
127.29 Residential roofers are subject to all of the requirements of sections326.83 to
326.98
127.30and
326.991326.975 .
127.31 Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
127.32326.86 FEES.
127.33 Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to
127.34sections326.83 to
326.991 326.98
128.1 Subd. 2. Local surcharge. A local government unit may place a surcharge in an
128.2amount no greater than $5 on each land use, zoning, or building permit that requires a
128.3licensed residential building contractor, residential remodeler,or specialty contractor
128.4residential roofer, or manufactured home installer for the purpose of license verification.
128.5The local government may verify a license by telephoneor, facsimile machine or
128.6electronic communication. A local government unit shall not issue a land use, zoning, or
128.7building permit unless the required license has been verified and is current.
128.8EFFECTIVE DATE.The amendments to subdivision 1 are effective July 1, 2007.
128.9The amendments to subdivision 2 are effective December 1, 2007.
128.10 Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
128.11326.87 CONTINUING EDUCATION.
128.12 Subdivision 1. Standards. The commissioner, in consultation with the council, may
128.13by rule adopt standards for continuing education requirements and course and instructor
128.14approval. The standards must include requirements for continuing education in the
128.15implementation of energy codes applicable to buildings and other building codes designed
128.16to conserve energy.Except for the course content, the standards must be consistent
128.17with the standards established for real estate agents and other professions licensed by
128.18the Department of Commerce. At a minimum, the content of one hour of any required
128.19continuing education must contain information on lead abatement rules and safe lead
128.20abatement procedures.
128.21 Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion
128.22of seven hours of continuing education per year in the regulated industry in which the
128.23licensee is licensed.To the extent the commissioner considers it appropriate, courses or
128.24parts of courses may be considered to satisfy both continuing education requirements
128.25under this section and continuing real estate education requirements.
128.26 Credit may not be earned if the licensee has previously obtained credit for the same
128.27course as either a student or instructor during the same licensing period.
128.28 Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that
128.29continuing education courses are offered throughout the state and are easily accessible
128.30to all licensees.
128.31 Subd. 4. Renewal ofaccreditation approval. The commissioner is authorized to
128.32establish a procedure for renewal of courseaccreditation approval.
128.33 Subd. 5. Content. (a) Continuing education consists of approved courses that
128.34impart appropriate and related knowledge in the regulated industries pursuant to sections
129.1326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related
129.2knowledge is upon the person seeking approval or credit.
129.3 (b) Course examinations will not be required for continuing education courses
129.4unless they are required by the sponsor.
129.5 (c) Textbooks are not required to be used for continuing education courses. If
129.6textbooks are not used, the coordinator must provide students with a syllabus containing,
129.7at a minimum, the course title, the times and dates of the course offering, the names and
129.8addresses or telephone numbers of the course coordinator and instructor, and a detailed
129.9outline of the subject materials to be covered. Any written or printed material given to
129.10students must be of readable quality and contain accurate and current information.
129.11 (d) Upon completion of an approved course, licensees shall earn one hour of
129.12continuing education credit for each hour approved by the commissioner. Each continuing
129.13education course must be attended in its entirety in order to receive credit for the number
129.14of approved hours. Courses may be approved for full or partial credit, and for more than
129.15one regulated industry.
129.16 Continuing education credit in an approved course shall be awarded to presenting
129.17instructors on the basis of one credit for each hour of preparation for the initial presentation,
129.18which may not exceed three hours total credit for each approved course. Continuing
129.19education credit may not be earned if the licensee has previously obtained credit for the
129.20same course as a licensee or as an instructor within the three years immediately prior.
129.21 (e) The following courses will not be approved for credit:
129.22 (1) courses designed solely to prepare students for a license examination;
129.23 (2) courses in mechanical office or business skills, including typing, speed reading,
129.24or other machines or equipment. Computer courses are allowed, if appropriate and related
129.25to the regulated industry of the licensee;
129.26 (3) courses in sales promotion, including meetings held in conjunction with the
129.27general business of the licensee;
129.28 (4) courses in motivation, salesmanship, psychology, time management, or
129.29communication; or
129.30 (5) courses that are primarily intended to impart knowledge of specific products of
129.31specific companies, if the use of the product or products relates to the sales promotion or
129.32marketing of one or more of the products discussed.
129.33 Subd. 6. Course approval. (a) Courses must be approved by the commissioner
129.34in advance and will be approved on the basis of the applicant's compliance with the
129.35provisions of this section relating to continuing education in the regulated industries. The
130.1commissioner shall make the final determination as to the approval and assignment of
130.2credit hours for courses. Courses must be at least one hour in length.
130.3 Individuals requesting credit for continuing education courses that have not
130.4been previously approved shall, on a form prescribed by the commissioner, submit an
130.5application for approval of continuing education credit accompanied by a nonrefundable
130.6fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
130.7with the provisions of this section governing the types of courses that will and will not
130.8be approved.
130.9 Approval will not be granted for time spent on meals or other unrelated activities.
130.10Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
130.11offered by a provider to any one student for longer than eight hours in one day, excluding
130.12meal breaks.
130.13 (b) Application for course approval must be submitted 30 days before the course
130.14offering.
130.15 (c) Approval must be granted for a subsequent offering of identical continuing
130.16education courses without requiring a new application if a notice of the subsequent
130.17offering is filed with the commissioner at least 30 days in advance of the date the course is
130.18to be held. The commissioner shall deny future offerings of courses if they are found not
130.19to be in compliance with the laws relating to course approval.
130.20 Subd. 7. Courses open to all. All course offerings must be open to any interested
130.21individuals. Access may be restricted by the sponsor based on class size only. Courses
130.22must not be approved if attendance is restricted to any particular group of people, except
130.23for company-sponsored courses allowed by applicable law.
130.24 Subd. 8. Course coordinator. (a) Each course of study shall have at least one
130.25coordinator, approved by the commissioner, who is responsible for supervising the
130.26program and ensuring compliance with all relevant law. Sponsors may engage an
130.27additional approved coordinator in order to assist the coordinator or to act as a substitute
130.28for the coordinator in the event of an emergency or illness.
130.29 (b) The commissioner shall approve as a coordinator a person meeting one or more
130.30of the following criteria:
130.31 (1) at least three years of full-time experience in the administration of an education
130.32program during the five-year period immediately before the date of application;
130.33 (2) a degree in education plus two years' experience during the immediately
130.34preceding five-year period in one of the regulated industries for which courses are being
130.35approved; or
131.1 (3) a minimum of five years' experience within the previous six years in the regulated
131.2industry for which courses are held.
131.3 Subd. 9. Responsibilities. A coordinator is responsible for:
131.4 (1) ensuring compliance with all laws and rules relating to continuing educational
131.5offerings governed by the commissioner;
131.6 (2) ensuring that students are provided with current and accurate information relating
131.7to the laws and rules governing their licensed activity;
131.8 (3) supervising and evaluating courses and instructors. Supervision includes
131.9ensuring that all areas of the curriculum are addressed without redundancy and that
131.10continuity is present throughout the entire course;
131.11 (4) ensuring that instructors are qualified to teach the course offering;
131.12 (5) furnishing the commissioner, upon request, with copies of course and instructor
131.13evaluations and qualifications of instructors. Evaluations must be completed by students at
131.14the time the course is offered and by coordinators within five days after the course offering;
131.15 (6) investigating complaints related to course offerings or instructors. A copy of
131.16the written complaint must be sent to the commissioner within ten days of receipt of
131.17the complaint and a copy of the complaint resolution must be sent not more than ten
131.18days after resolution is reached;
131.19 (7) maintaining accurate records relating to course offerings, instructors, tests
131.20taken by students if required, and student attendance for a period of three years from the
131.21date on which the course was completed. These records must be made available to the
131.22commissioner upon request. In the event that a sponsor ceases operation for any reason,
131.23the coordinator is responsible for maintaining the records or providing a custodian for the
131.24records acceptable to the commissioner. The coordinator must notify the commissioner
131.25of the name and address of that person. In order to be acceptable to the commissioner,
131.26custodians must agree to make copies of acknowledgments available to students at a
131.27reasonable fee. Under no circumstances will the commissioner act as custodian of the
131.28records;
131.29 (8) ensuring that the coordinator is available to instructors and students throughout
131.30course offerings and providing to the students and instructor the name of the coordinator
131.31and a telephone number at which the coordinator can be reached;
131.32 (9) attending workshops or instructional programs as reasonably required by the
131.33commissioner;
131.34 (10) providing course completion certificates within ten days of, but not before,
131.35completion of the entire course. Course completion certificates must be completed in
131.36their entirety. Course completion certificates must contain the following statement: "If
132.1you have any comments about this course offering, please mail them to the Minnesota
132.2Department of Labor and Industry." The current address of the department must be
132.3included. A coordinator may require payment of the course tuition as a condition for
132.4receiving the course completion certificate; and
132.5 (11) notifying the commissioner in writing within ten days of any change in the
132.6information in an application for approval on file with the commissioner.
132.7 Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
132.8who is qualified by education, training, or experience to ensure competent instruction.
132.9Failure to have only qualified instructors teach at an approved course offering will result
132.10in loss of course approval. Coordinators are responsible to ensure that an instructor is
132.11qualified to teach the course offering.
132.12 (b) Qualified continuing education instructors must have one of the following
132.13qualifications:
132.14 (1) a four-year degree in any area plus two years' practical experience in the subject
132.15area being taught;
132.16 (2) five years' practical experience in the subject area being taught; or
132.17 (3) a college or graduate degree in the subject area being taught.
132.18 (c) Approved instructors are responsible for:
132.19 (1) compliance with all laws and rules relating to continuing education;
132.20 (2) providing students with current and accurate information;
132.21 (3) maintaining an atmosphere conducive to learning in the classroom;
132.22 (4) verifying attendance of students, and certifying course completion;
132.23 (5) providing assistance to students and responding to questions relating to course
132.24materials; and
132.25 (6) attending the workshops or instructional programs that are required by the
132.26commissioner.
132.27 Subd. 11. Prohibited practices for coordinators and instructors. (a) In
132.28connection with an approved continuing education course, coordinators and instructors
132.29shall not:
132.30 (1) recommend or promote the services or practices of a particular business;
132.31 (2) encourage or recruit individuals to engage the services of, or become associated
132.32with, a particular business;
132.33 (3) use materials, clothing, or other evidences of affiliation with a particular entity;
132.34 (4) require students to participate in other programs or services offered by the
132.35instructor, coordinator, or sponsor;
133.1 (5) attempt, either directly or indirectly, to discover questions or answers on an
133.2examination for a license;
133.3 (6) disseminate to any other person specific questions, problems, or information
133.4known or believed to be included in licensing examinations;
133.5 (7) misrepresent any information submitted to the commissioner;
133.6 (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
133.7the course outline approved by the commissioner during the approved instruction; or
133.8 (9) issue inaccurate course completion certificates.
133.9 (b) Coordinators shall notify the commissioner within ten days of a felony or
133.10gross misdemeanor conviction or of disciplinary action taken against an occupational or
133.11professional license held by the coordinator or an instructor teaching an approved course.
133.12The notification shall be grounds for the commissioner to withdraw the approval of the
133.13coordinator and to disallow the use of the instructor.
133.14 Subd. 12. Fees. Fees for an approved course of study and related materials must
133.15be clearly identified to students. In the event that a course is canceled for any reason, all
133.16fees must be returned within 15 days from the date of cancellation. In the event that a
133.17course is postponed for any reason, students shall be given the choice of attending the
133.18course at a later date or having their fees refunded in full within 15 days from the date
133.19of postponement. If a student is unable to attend a course or cancels the registration in a
133.20course, sponsor policies regarding refunds shall govern.
133.21 Subd. 13. Facilities. Each course of study must be conducted in a classroom
133.22or other facility that is adequate to comfortably accommodate the instructors and the
133.23number of students enrolled. The sponsor may limit the number of students enrolled in a
133.24course. Approved courses may be held on the premises of a company doing business in
133.25the regulated area only when the company is sponsoring the course offering, or where
133.26product application is appropriate and related.
133.27 Subd. 14. Supplementary materials. An adequate supply of supplementary
133.28materials to be used or distributed in connection with an approved course must be available
133.29at the time and place of the course offering in order to ensure that each student receives all
133.30of the necessary materials. Outlines and any other materials that are reproduced must be
133.31of readable quality.
133.32 Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
133.33of continuing education courses.
133.34 (b) Advertising must be truthful and not deceptive or misleading. Courses may not
133.35be advertised in any manner as approved unless approval has been granted in writing by
133.36the commissioner.
134.1 (c) No advertisement, pamphlet, circular, or other similar materials pertaining to
134.2an approved offering may be circulated or distributed in this state, unless the following
134.3statement is prominently displayed:
134.4 "This course has been approved by the Minnesota Department of Labor and Industry
134.5for ....... (approved number of hours) hours for continuing ....... (relevant industry)
134.6education."
134.7 (d) Advertising of approved courses must be clearly distinguishable from the
134.8advertisement of other nonapproved courses and services.
134.9 (e) Continuing education courses may not be advertised before approval unless the
134.10course is described in the advertising as "approval pending" and an application for approval
134.11has been timely submitted to the commissioner and a denial has not been received.
134.12 (f) The number of hours for which a course has been approved must be prominently
134.13displayed on an advertisement for the course. If the course offering is longer than the
134.14number of hours of credit to be given, it must be clear that credit is not earned for the
134.15entire course.
134.16 (g) The course approval number must not be included in any advertisement.
134.17 Subd. 16. Notice to students. At the beginning of each approved offering, the
134.18following notice must be handed out in printed form or must be read to students:
134.19 "This educational offering is recognized by the Minnesota Department of Labor and
134.20Industry as satisfying ....... (insert number of hours approved) hours of credit toward
134.21continuing ....... (insert appropriate industry) education requirements."
134.22 Subd. 17. Audits. The commissioner reserves the right to audit subject offerings
134.23with or without notice to the sponsor.
134.24 Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant
134.25found to have falsified an education report to the commissioner shall be considered to
134.26have violated the laws relating to the industry for which the person has a license and
134.27shall be subject to censure, limitation, condition, suspension, or revocation of the license
134.28or denial of the application for licensure.
134.29 The commissioner reserves the right to audit a licensee's continuing education
134.30records.
134.31 Subd. 19. Waivers and extensions. If a licensee provides documentation to the
134.32commissioner that the licensee or its qualifying person is unable, and will continue to be
134.33unable, to attend actual classroom course work because of a physical disability, medical
134.34condition, or similar reason, attendance at continuing education courses shall be waived
134.35for a period not to exceed one year. The commissioner shall require that the licensee or
134.36its qualifying person satisfactorily complete a self-study program to include reading a
135.1sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
135.2regulated industry, as would be necessary for the licensee to satisfy continuing educational
135.3credit hour needs. The commissioner shall award the licensee credit hours for a self-study
135.4program by determining how many credit hours would be granted to a classroom course
135.5involving the same material and giving the licensee the same number of credit hours under
135.6this part. The licensee may apply each year for a new waiver upon the same terms and
135.7conditions as were necessary to secure the original waiver, and must demonstrate that in
135.8subsequent years, the licensee was unable to complete actual classroom course work.
135.9The commissioner may request documentation of the condition upon which the request
135.10for waiver is based as is necessary to satisfy the commissioner of the existence of the
135.11condition and that the condition does preclude attendance at continuing education courses.
135.12 Upon written proof demonstrating a medical hardship, the commissioner shall
135.13extend, for up to 90 days, the time period during which the continuing education must be
135.14successfully completed. Loss of income from either attendance at courses or cancellation
135.15of a license is not a bona fide financial hardship. Requests for extensions must be
135.16submitted to the commissioner in writing no later than 60 days before the education is
135.17due and must include an explanation with verification of the hardship, plus verification of
135.18enrollment at an approved course of study on or before the extension period expires.
135.19 Subd. 20. Reporting requirements. Required continuing education must be
135.20reported in a manner prescribed by the commissioner. Licensees are responsible for
135.21maintaining copies of course completion certificates.
135.22 Subd. 21. Residential building contractor, residential remodeler, and residential
135.23roofer education. (a) Each licensee must, during the licensee's first complete continuing
135.24education reporting period, complete and report one hour of continuing education relating
135.25to lead abatement rules in safe lead abatement procedures.
135.26 (b) Each licensee must, during each continuing education reporting period, complete
135.27and report one hour of continuing education relating to energy codes for buildings and
135.28other building codes designed to conserve energy.
135.29 Subd. 22. Continuing education approval. (a) Continuing education courses must
135.30be approved in advance by the commissioner of labor and industry. "Sponsor" means any
135.31person or entity offering approved education.
135.32 (b) For coordinators with an initial approval date before August 1, 2005, approval
135.33will expire on December 31, 2005. For courses with an initial approval date on or before
135.34December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
135.35approval date after January 1, 2001, but before August 1, 2005, approval will expire
135.36on April 30, 2007.
136.1 Subd. 23. Continuing education fees. The following fees shall be paid to the
136.2commissioner:
136.3 (1) initial course approval, $10 for each hour or faction of one hour of continuing
136.4education course approval sought. Initial course approval expires on the last day of the
136.524th month after the course is approved;
136.6 (2) renewal of course approval, $10 per course. Renewal of course approval expires
136.7on the last day of the 24th month after the course is renewed;
136.8 (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
136.9day of the 24th month after the coordinator is approved; and
136.10 (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires
136.11on the last day of the 24th month after the coordinator is renewed.
136.12 Subd. 24. Refunds. All fees paid to the commissioner under this section are
136.13nonrefundable, except that an overpayment of a fee shall be returned upon proper
136.14application.
136.15 Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
136.16326.88 LOSS OF QUALIFYING PERSON.
136.17 Upon the departure or disqualification of a licensee's qualifying person because of
136.18death, disability, retirement, position change, or other reason, the licensee must notify
136.19the commissioner within 15 business days. The licensee shall have 120 days from the
136.20departure of the qualifying person to obtain a new qualifying person. Failure to secure a
136.21new qualifying person within 120 days will, with or without notice, result in the automatic
136.22termination of the license.
136.23 Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
136.24326.89 APPLICATION AND EXAMINATION.
136.25 Subdivision 1. Form. An applicant for a license under sections326.83 to
326.98
136.26must submit an applicationto the commissioner, under oath and accompanied by the
136.27license fee required by section 326.86, on a form prescribed by the commissioner.
136.28Within 30 business days of receiving all required information, the commissioner must
136.29act on the license request. If one of the categories in the application does not apply, the
136.30applicant must identify the category and state the reason the category does not apply. The
136.31commissioner may refuse to issue a license if the application is not complete or contains
136.32unsatisfactory information.
136.33 Subd. 2. Contents.The Each application must include the following information
136.34regarding the applicant:
137.1 (1) Minnesota workers' compensation insurance certificate;
137.2 (2) employment insurance account number;
137.3 (3) certificate of liability insurance;
137.4 (4) type of license requested;
137.5 (5) nameand, current address of the applicant:, and telephone number where the
137.6applicant resides;
137.7(i) (6) name and address of the applicant's qualifying person, if other than applicant;
137.8and
137.9(ii) (7) if the applicant is a sole proprietorship, the name and address of the sole
137.10proprietor; if the applicant is a partnership, the name and address of each partner; if the
137.11applicant is a limited liability company, the name and address of each governor and
137.12manager; if the applicant is a corporation, the name and address of each of the corporate
137.13officers, directors, and all shareholders holding more than ten percent of the outstanding
137.14stock in the corporation;
137.15 (8) name and address of the applicant's agent in this state authorized to receive
137.16service of process, and a consent to service of process as required by section 326.93;
137.17 (9) current street address and telephone number where the business is physically
137.18located;
137.19(6) (10) whether the applicant, any employee, or qualifying person has ever been
137.20licensed in this or any other state and has had a professional or vocational license
137.21reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been
137.22the subject of any administrative action;
137.23(7) (11) whether the applicant, qualifying person, or any of the applicant's corporate
137.24or partnership directors, limited liability company governors, officers, limited or general
137.25partners, managers, all shareholders holding more than ten percent of the share of the
137.26corporation that have been issued, or all members holding more than ten percent of the
137.27voting power of the membership interests that have been issued, has been convicted
137.28of a crime that either related directly to the business for which the license is sought or
137.29involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil
137.30action involving fraud, misrepresentation, construction defect, negligence,or breach
137.31of contract, or conversion of funds within the ten years prior to the submission of the
137.32application; or has had any government license or permit reprimanded, censured, limited,
137.33conditioned, suspended, or revoked as a result of an action brought by a federal, state, or
137.34local governmental unit or agency in this or any other state;
137.35(8) (12) the applicant's and qualifying person's business history for the past five
137.36years and whether the applicant,any a managing employee, or qualifying person has ever
138.1filed for bankruptcy or protection from creditors or has any unsatisfied judgments against
138.2the applicant, employee, or qualifying person;
138.3(9) (13) where the applicant is a firm, partnership, sole proprietorship, limited
138.4liability company, corporation, or association, whether there has been a sale or transfer of
138.5the business or other change in ownership, control, or name in the last five years and the
138.6details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated,
138.7parent, or related entities, and whether each such entity, or its owners, officers, directors,
138.8members or shareholders holding more than ten percent of the stock, or an employee has
138.9ever taken or been subject to an action that is subject to clause(6), (7), or (8) (10), (11),
138.10or (12) in the last ten years; and
138.11(10) (14) whether the qualifying person is the qualifying person for more than one
138.12licensee.
138.13 For purposes of this subdivision, "applicant" includes employees who exercise
138.14management or policy control over the residential contracting and remodeling, residential
138.15remodeling, residential roofing, or manufactured home installation activities in the state
138.16of Minnesota, including affiliates, partners, directors, governors, officers, limited or
138.17general partners, managers, all shareholders holding more than ten percent of the shares
138.18that have been issued, a shareholder holding more than ten percent of the voting power
138.19of the shares that have been issued, or all members holding more than ten percent of the
138.20membership interests that have been issued or more than ten percent of the voting power
138.21of the membership interests that have been issued.
138.22 The commissioner may require further information as the commissioner deems
138.23appropriate to administer the provisions and further the purposes of this chapter.
138.24 Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a
138.25written examination for the type of license requested. The commissioner may establish
138.26the examination qualifications, including related education experience and education, the
138.27examination procedure, and the examination for each licensing group. The examination
138.28must include at a minimum the following areas:
138.29 (1) appropriate knowledge of technical terms commonly used and the knowledge of
138.30reference materials and code books to be used for technical information; and
138.31 (2) understanding of the general principles of business management and other
138.32pertinent state laws.
138.33 (b) Each examination must be designed for the specified type of license requested.
138.34The council shall advise the commissioner on the grading, monitoring, and updating of
138.35examinations.
139.1 (c)A person's An individual's passing examination results expire two years from
139.2the examination date.A person An individual who passes the examination but does not
139.3choose to apply to act as a qualifying person for a licensee within two years from the
139.4examination date, must, upon application provide:
139.5 (1) passing examination results within two years from the date of application; or
139.6 (2) proof that the person has fulfilled the continuing education requirements in
139.7section326.87 in the manner required for a qualifying person of a licensee for each license
139.8period after the expiration of the examination results.
139.9Subd. 4. Competency skills. The commissioner shall, in consultation with the
139.10council, determine the competency skills and installation knowledge required for the
139.11licensing of specialty contractors.
139.12 Subd. 5. Exemption. A general retailer whose primary business is not being a
139.13residential building contractor, residential remodeler,or specialty contractor residential
139.14roofer, or manufactured home installer, and who has completed a comparable license
139.15examination meeting or exceeding Minnesota's examination requirements in another state
139.16is exempt fromsubdivisions subdivision 3 and 4 and sections
326.87 and
326.88 .
139.17 Subd. 6. Additional licensing requirements. As an alternative to denying an
139.18application for licensure pursuant to section326.91, subdivision 1 , the commissioner
139.19may, as a condition of licensure and based upon information received pursuant to
139.20section326.89, subdivision 2 , clauses (6) to (8), or a finding pursuant to section
326.91,
139.21subdivision 1 , clauses (1) to (9), impose additional insurance, bonding, reporting, record
139.22keeping, and other requirements on the applicant as are reasonable to protect the public.
139.23 Subd. 7. License. A nonresident of Minnesota may be licensed as a residential
139.24building contractor, residential remodeler, residential roofer, or manufactured home
139.25installer upon compliance with all the provisions of sections 326.83 to 326.98.
139.26 Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
139.27 Subdivision 1. Local license prohibited. Except as provided in sections326.90,
139.28subdivision 2 , and
326.991, a political subdivision may not require a person licensed
139.29under sections326.83 to
326.991 326.98
139.30fee related to licensure under any ordinance, law, rule, or regulation of the political
139.31subdivision. This section does not prohibit charges for building permits or other charges
139.32not directly related to licensure.
139.33 Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
140.1 Subdivision 1.Cause Grounds. The commissioner may by order deny, suspend, or
140.2revoke any license or may censure a licensee, and may impose a civil penalty as provided
140.3for in section
45.027, subdivision 6, if the commissioner finds that the order is in the
140.4public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or
140.5other agent, owner, partner, director, governor, shareholder, member, officer, qualifying
140.6person, or managing employee of the applicant or licensee or any person occupying a
140.7similar status or performing similar functions: In addition to the grounds set forth in
140.8section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
140.9conditions on, or revoke a license or certificate of exemption, or may censure the person
140.10holding the license or certificate of exemption, if the applicant, licensee, certificate of
140.11exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of
140.12exemption holder, or other agent owner has:
140.13 (1) has filed an application fora license licensure or a certificate of exemption
140.14which is incomplete in any material respect or contains any statement which, in light
140.15of the circumstances under which it is made, is false or misleading with respect to any
140.16material fact;
140.17 (2) has engaged in a fraudulent, deceptive, or dishonest practice;
140.18 (3) is permanently or temporarily enjoined by any court of competent jurisdiction
140.19from engaging in or continuing any conduct or practice involving any aspect of the
140.20business;
140.21 (4) has failed to reasonably supervise employees, agents, subcontractors, or
140.22salespersons, or has performed negligently or in breach of contract, so as to cause injury
140.23or harm to the public;
140.24 (5) has violated or failed to comply with any provision of sections326.83 to
326.98
140.25or, any rule or order under sections
326.83 to
326.98 or any other law, rule, or order related
140.26to the duties and responsibilities entrusted to the commissioner;
140.27(6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
140.28(7) (6) has been convicted of a violation of the State Building Code or, in
140.29jurisdictions that do not enforce the State Building Code, has refused to comply with
140.30a notice of violation or stop order issued by a certified building official, or in local
140.31jurisdictions that have not adopted the State Building Code has refused to correct a
140.32violation of the State Building Code when the violation has beencertified documented
140.33or a notice of violation or stop order issued by aMinnesota licensed structural engineer
140.34certified building official has been received;
140.35(8) (7) has failed to use the proceeds of any payment made to the licensee for the
140.36construction of, or any improvement to, residential real estate, as defined in section326.83,
141.1subdivision 17 , for the payment of labor, skill, material, and machinery contributed to the
141.2construction or improvement, knowing that the cost of any labor performed, or skill,
141.3material, or machinery furnished for the improvement remains unpaid;
141.4(9) (8) has not furnished to the person making payment either a valid lien waiver as to
141.5any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
141.6or a payment bond in the basic amount of the contract price for the improvement
141.7conditioned for the prompt payment to any person or persons entitled to payment;
141.8(10) has engaged in conduct which was the basis for a contractor's recovery fund
141.9payment pursuant to section
326.975, which payment has not been reimbursed; (9) has
141.10engaged in an act or practice that results in compensation to an aggrieved owner or lessee
141.11from the contractor recovery fund pursuant to section 36B.825, unless:
141.12 (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
141.13plus interest at the rate of 12 percent per year; and
141.14 (ii) the applicant or licensee has obtained a surety bond in the amount of at least
141.15$40,000, issued by an insurer authorized to transact business in this state.
141.16(11) (10) has engaged in bad faith, unreasonable delays, or frivolous claims in
141.17defense of a civil lawsuit or arbitration arising out of their activities as a licensee or
141.18certificate of exemption holder under this chapter;
141.19(12) (11) has had a judgment entered against them for failure to make payments to
141.20employeesor, subcontractors, or suppliers, that the licensee has failed to satisfy and all
141.21appeals of the judgment have been exhausted or the period for appeal has expired;
141.22(13) (12) if unlicensed, has obtained a building permit by the fraudulent use of a
141.23fictitious license number or the license number of another, or, if licensed, has knowingly
141.24allowed an unlicensed person to use the licensee's license number for the purpose of
141.25fraudulently obtaining a building permit; or has applied for or obtained a building permit
141.26for an unlicensed person.
141.27(14) (13) has made use of a forged mechanics' mechanic's lien waivers waiver under
141.28chapter 514.;
141.29 (14) has provided false, misleading or incomplete information to the commissioner
141.30or has refused to allow a reasonable inspection of records or premises;
141.31 (15) has engaged in an act or practice whether or not the act or practice directly
141.32involves the business for which the person is licensed, that demonstrates that the applicant
141.33or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
141.34unqualified to act under the license granted by the commissioner; or
142.1 (16) has failed to comply with requests for information, documents, or other requests
142.2from the department within the time specified in the request or, if no time is specified,
142.3within 30 days of the mailing of the request by the department.
142.4 Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
142.5326.92 PENALTIES.
142.6Subdivision 1. Misdemeanor. A person required to be licensed under sections
142.7326.83 to
326.991 who performs unlicensed work is guilty of a misdemeanor.
142.8 Subd. 1a. Gross misdemeanor.A person required to be licensed under sections
142.9326.84 to
326.991 who violates an order under subdivision 3 An individual who violates
142.10an order of the commissioner or is the manager, officer, or director of a person who
142.11violates an order issued by the commissioner is guilty of a gross misdemeanor.
142.12 Subd. 2. Lien rights. An unlicensed person who knowingly violates sections326.83
142.13to326.98 has no right to claim a lien under section
514.01 and the lien is void. Nothing
142.14in this section affects the lien rights of material suppliers and licensed contractors to the
142.15extent provided by law.
142.16Subd. 3. Commissioner action. The commissioner may bring actions, including
142.17cease and desist actions, against any person licensed or required to be licensed under
142.18sections
326.83 to
326.991 to protect the public health, safety, and welfare.
142.19 Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
142.20326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE
142.21OF PERMIT APPLICATION.
142.22 Subdivision 1. Building permit. A political subdivision shall not issue a building
142.23permit to an unlicensed person who is required to be licensed under sections326.83 to
142.24326.991 326.98
. A political subdivision that issues zoning or land use permits in lieu of
142.25a building permit shall not issue those permits to an unlicensed person who is required
142.26to be licensed under sections326.83 to
326.991 326.98
142.27report the person applying for the permit to the commissioner who may bring an action
142.28against the person.
142.29 Subd. 2. Notice of building permit application. A political subdivision shall notify
142.30the department when an application for building permit involving the construction of new
142.31residential real estate has been received from an unlicensed person by submitting a copy
142.32of the application to the department within two business days of receipt of the application.
142.33The political subdivision may submit a copy of the building permit application by
142.34facsimile, United States mail, or electronic communication.
143.1 Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
143.2326.93 SERVICE OF PROCESS; NONRESIDENT LICENSING.
143.3Subdivision 1. License. A nonresident of Minnesota may be licensed as a residential
143.4building contractor or residential remodeler upon compliance with all the provisions of
143.5sections
326.83 to
326.991.
143.6Subd. 2. Service of process. Service of process upon a person performing work in
143.7the state of a type that would require a license under sections
326.83 to
326.98 may be
143.8made as provided in section
45.028.
143.9 Subd. 3. Procedure. Every applicant for licensure or certificate of exemption
143.10under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the
143.11commissioner and successors in office to be the applicant's agent to receive service of any
143.12lawful process in any noncriminal suit, action, or proceeding against the applicant or a
143.13successor, executor, or administrator which arises under section 326.83 to 326.98 or any
143.14rule or order thereunder after the consent has been filed, with the same force and validity
143.15as if served personally on the person filing the consent. Service under this section shall be
143.16made in compliance with subdivision 5.
143.17 Subd. 4. Service on commissioner. (a) When a person, including any nonresident
143.18of this state, engages in conduct prohibited or made actionable by sections 326.83 to
143.19326.98, or any rule or order under those sections, and the person has not consented to
143.20service of process under subdivision 3, that conduct is equivalent to an appointment of the
143.21commissioner and successors in office as the person's agent to receive service of process in
143.22any noncriminal suit, action, or proceeding against the person that is based on that conduct
143.23and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
143.24with the same force and validity as if served personally on the person consenting to the
143.25appointment of the commissioner and successors in office. Service under this section shall
143.26be made in compliance with subdivision 5.
143.27 (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
143.28of this state, has filed a consent to service of process. This paragraph supersedes any
143.29inconsistent provision of law.
143.30 (c) Subdivision 5 applies in all cases in which service of process is allowed to be
143.31made on the commissioner.
143.32 (d) Subdivision 5 applies to any document served by the commissioner or the
143.33department under section 326B.08.
143.34 Subd. 5. How made. Service of process under this section may be made by leaving
143.35a copy of the process in the office of the commissioner, or by sending a copy of the process
143.36to the commissioner by certified mail, and is not effective unless:
144.1 (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
144.2by the commissioner, sends notice of the service and a copy of the process by certified
144.3mail to the defendant or respondent at the last known address; and
144.4 (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
144.5before the return day of the process, if any, or within further time as the court allows.
144.6 Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
144.7326.94 BOND; INSURANCE.
144.8 Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed
144.9residential roofers must post alicense surety bond in the name of the licensee with the
144.10commissioner, conditioned that the applicant shall faithfully perform the duties and
144.11in all things comply with all laws, ordinances, and rules pertaining to the license or
144.12permit applied for and all contracts entered into. The annual bond must be continuous
144.13and maintained for so long as the licensee remains licensed. The aggregate liability of
144.14the surety on the bond to any and all persons, regardless of the number of claims made
144.15against the bond, may not exceed the amount of the bond. The bond may be canceled as
144.16to future liability by the surety upon 30 days' written notice mailed to the commissioner
144.17by regular mail.
144.18 (b) A licensed residential roofer must post a bond of at least$5,000 $15,000.
144.19 (c) A licensed manufactured home installer must post a bond of at least $2,500.
144.20 Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for
144.21purposes of sections 8.05 and 16C.05, subdivision 2.
144.22 Subd. 2. Insurance. Licensees must have public liability insurance with limits of at
144.23least$100,000 $300,000 per occurrence, which must include at least $10,000 property
144.24damage coverage. The insurance must be written by an insurer licensed to do business in
144.25this state. The commissioner may increase the minimum amount of insurance required
144.26for any licensee or class of licensees if the commissioner considers it to be in the public
144.27interest and necessary to protect the interests of Minnesota consumers.
144.28 Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
144.29 Subd. 2. Advertising. The license number of a licensee must appear in any
144.30advertising by that licensee including but not limited to signs, vehicles, business cards,
144.31published display ads, flyers,and brochures, Web sites, and Internet ads.
144.32 Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
144.33326.96 PUBLIC EDUCATION.
145.1 The commissioner may develop materials and programs to educate the public
145.2concerninglicensing licensure requirements and methods. The commissioner may
145.3develop materials for reporting unlicensed contracting activity. The commissioner shall
145.4provide information in other languages.
145.5 Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
145.6326.97 LICENSE RENEWAL.
145.7 Subdivision 1. Renewal.Licensees A licensee whose applications have fully
145.8completed renewal application has been properly and timely filed and who have has
145.9not received a notice of denial of renewal are is considered to have been approved for
145.10renewal and may continue to transact business whether or not the renewed license has
145.11been received. Applications are timely if receivedor postmarked by March 1 of the
145.12renewal year. Applications must be made on a form approved by the commissioner.
145.13An application for renewal that does not contain all of the information requested is an
145.14incomplete application and will not be processed.
145.15 Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
145.16must be renewed annually.
145.17 Subd. 2. Failure toapply renew. A person who has failed to make a timely
145.18application for renewal of a licenseby March 31 of the renewal year is unlicensed at
145.1911:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
145.20the a renewed license has been issued by the commissioner and is received by the applicant.
145.21 Subd. 3. Expiration. All licenses expire at 11:59:59 p.m. central time on March 31
145.22of the renewal year if not properly renewed.
145.23 Sec. 24. [326B.801] SCOPE.
145.24 Except as otherwise provided by law, the provisions of sections 326B.801 to
145.25326B.825 apply to residential contractors, residential remodelers, residential roofers,
145.26and manufactured home installers.
145.27 Sec. 25. [326B.809] WRITTEN CONTRACT REQUIRED.
145.28 (a) All agreements including proposals, estimates, bids, quotations, contracts,
145.29purchase orders, and change orders between a licensee and a customer for the performance
145.30of a licensee's services must be in writing and must contain the following:
145.31 (1) a detailed summary of the services to be performed;
145.32 (2) a description of the specific materials to be used or a list of standard features
145.33to be included; and
146.1 (3) the total contract price or a description of the basis on which the price will
146.2be calculated.
146.3 (b) All agreements shall be signed and dated by the licensee and customer.
146.4 (c) The licensee shall provide to the customer, at no charge, a signed and dated
146.5document at the time that the licensee and customer sign and date the document.
146.6Documents include agreements and mechanic's lien waivers.
146.7 Sec. 26. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
146.8 Chapter 364 does not apply to an applicant for a license or to a licensee where
146.9the underlying conduct on which the conviction is based would be grounds for denial,
146.10censure, suspension, or revocation of the license.
146.11 Sec. 27. [326B.82] DEFINITIONS.
146.12 Subdivision 1. Words, terms, and phrases. For the purposes of section 326.87,
146.13the terms defined in this section have the meanings given them, unless the context clearly
146.14indicates otherwise.
146.15 Subd. 2. Appropriate and related knowledge. "Appropriate and related
146.16knowledge" means facts, information, or principles that are clearly relevant to the licensee
146.17in performing responsibilities under a license issued by the commissioner. These facts,
146.18information, or principles must convey substantive and procedural knowledge as it relates
146.19to postlicensing issues and must be relevant to the technical aspects of a particular area
146.20of continuing education.
146.21 Subd. 3. Classroom hour. "Classroom hour" means a 50-minute hour.
146.22 Subd. 4. Coordinator. "Coordinator" means an individual who is responsible for
146.23monitoring approved educational offerings.
146.24 Subd. 5. Instructor. "Instructor" means an individual lecturing in an approved
146.25educational offering.
146.26 Subd. 6. Licensee. "Licensee" means a person licensed by the Minnesota
146.27Department of Labor and Industry for whom an examination is required before licensure.
146.28 Subd. 7. Medical hardship. "Medical hardship" includes a documented physical
146.29disability or medical condition.
146.30 Subd. 8. Overpayment. "Overpayment" means any payment of money in excess
146.31of a statutory fee.
146.32 Subd. 9. Regulated industries. "Regulated industries" means residential
146.33contracting, residential remodeling, or residential roofing. Each of these is a regulated
146.34industry.
147.1 Subd. 10. Sponsor. "Sponsor" means any person or entity offering or providing
147.2approved continuing education.
147.3 Sec. 28. [326B.89] CONTRACTOR RECOVERY FUND.
147.4 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
147.5have the meanings given them.
147.6 (b) "Gross annual receipts" means the total amount derived from residential
147.7contracting or residential remodeling activities, regardless of where the activities are
147.8performed, and must not be reduced by costs of goods sold, expenses, losses, or any
147.9other amount.
147.10 (c) "Licensee" means a person licensed as a residential contractor or residential
147.11remodeler.
147.12 (d) "Residential real estate" means a new or existing building constructed for
147.13habitation by one to four families, and includes detached garages.
147.14 (e) "Fund" means the contractor recovery fund.
147.15 Subd. 2. Generally. The contractor recovery fund is created in the state treasury
147.16and shall be administered by the commissioner for the purposes described in this section.
147.17Any interest or profit accruing from investment of money in the fund shall be credited
147.18to the contractor recovery fund.
147.19 Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
147.20renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
147.21shall pay, in addition to the appropriate application or renewal fee, the following additional
147.22fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
147.23gross annual receipts for the person's most recent fiscal year preceding the application or
147.24renewal, on the following scale:
147.29 Subd. 4. Purpose of fund. The purpose of this fund is to:
147.30 (1) compensate owners or lessees of residential real estate who meet the requirements
147.31of this section;
147.32 (2) reimburse the department for all legal and administrative expenses,
147.33disbursements, and costs, including staffing costs, incurred in administering and defending
147.34the fund;
148.1 (3) pay for educational or research projects in the field of residential contracting to
148.2further the purposes of sections 326B.801 to 326B.825; and
148.3 (4) provide information to the public on residential contracting issues.
148.4 Subd. 5. Payment limitations. Except as otherwise provided in this section,
148.5the commissioner shall not pay compensation from the fund to an owner or a lessee
148.6in an amount greater than $75,000. Except as otherwise provided in this section, the
148.7commissioner shall not pay compensation from the fund to owners and lessees in an
148.8amount that totals more than $150,000 per licensee. The commissioner shall not pay
148.9compensation from the fund for a final judgment based on a cause of action that arose
148.10before the commissioner's receipt of the licensee's fee required by subdivision 3.
148.11 Subd. 6. Verified application. To be eligible for compensation from the fund, an
148.12owner or lessee shall serve on the commissioner a verified application for compensation
148.13on a form approved by the commissioner. The application shall verify the following
148.14information:
148.15 (1) the specific grounds upon which the owner or lessee seeks to recover from
148.16the fund:
148.17 (2) that the owner or the lessee has obtained a final judgment in a court of competent
148.18jurisdiction against a licensee licensed under section 326B.803;
148.19 (3) that the final judgment was obtained against the licensee on the grounds of
148.20fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
148.21that arose directly out of a transaction that occurred when the licensee was licensed and
148.22performing any of the special skills enumerated under section 326B.802, subdivision 19;
148.23 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
148.24the owner's residential real estate, on residential real estate leased by the lessee, or on new
148.25residential real estate that has never been occupied or that was occupied by the licensee
148.26for less than one year prior to purchase by the owner;
148.27 (5) that the residential real estate is located in Minnesota;
148.28 (6) that the owner or the lessee is not the spouse of the licensee or the personal
148.29representative of the licensee;
148.30 (7) the amount of the final judgment, any amount paid in satisfaction of the final
148.31judgment, and the amount owing on the final judgment as of the date of the verified
148.32application; and
148.33 (8) that the verified application is being served within two years after the judgment
148.34became final.
148.35 The owner's and the lessee's actual and direct out-of-pocket loss shall not include
148.36attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
149.1the loss. An owner or lessee may serve a verified application regardless of whether the
149.2final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
149.3final if all proceedings on the judgment have either been pursued and concluded or been
149.4forgone, including all reviews and appeals. For purposes of this section, owners who are
149.5joint tenants or tenants in common are deemed to be a single owner. For purposes of this
149.6section, owners and lessees eligible for payment of compensation from the fund shall not
149.7include government agencies, political subdivisions, financial institutions, and any other
149.8entity that purchases, guarantees, or insures a loan secured by real estate.
149.9 Subd. 7. Commissioner review. The commissioner shall within 120 days after
149.10receipt of the verified application:
149.11 (1) enter into an agreement with an owner or a lessee that resolves the verified
149.12application for compensation from the fund; or
149.13 (2) issue an order to the owner or the lessee accepting, modifying, or denying the
149.14verified application for compensation from the fund.
149.15 Upon receipt of an order issued under clause (2), the owner or the lessee shall have
149.1630 days to serve upon the commissioner a written request for a hearing. If the owner or
149.17the lessee does not serve upon the commissioner a timely written request for hearing, the
149.18order issued under clause (2) shall become a final order of the commissioner that may not
149.19be reviewed by any court or agency. The commissioner shall order compensation from
149.20the fund only if the owner or the lessee has filed a verified application that complies with
149.21subdivision 6 and if the commissioner determines based on review of the application that
149.22compensation should be paid from the fund. The commissioner shall not be bound by any
149.23prior settlement, compromise, or stipulation between the owner or the lessee and the
149.24licensee.
149.25 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
149.26for hearing under subdivision 7, the commissioner shall request that an administrative law
149.27judge be assigned and that a hearing be conducted under the contested case provisions
149.28of chapter 14 within 30 days after the service of the request for hearing upon the
149.29commissioner. Upon petition of the commissioner, the administrative law judge shall
149.30continue the hearing up to 60 days and upon a showing of good cause may continue the
149.31hearing for such additional period as the administrative law judge deems appropriate.
149.32At the hearing the owner or the lessee shall have the burden of proving by substantial
149.33evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
149.34findings of fact, conclusions of law, and order. If the administrative law judge finds that
149.35compensation should be paid to the owner or the lessee, the administrative law judge
149.36shall order the commissioner to make payment from the fund of the amount it finds to be
150.1payable pursuant to the provisions of and in accordance with the limitations contained in
150.2this section. The order of the administrative law judge shall constitute the final decision of
150.3the agency in the contested case. Judicial review of the administrative law judge's findings
150.4of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
150.5 Subd. 9. Satisfaction of applications for compensation. The commissioner shall
150.6pay compensation from the fund to an owner or a lessee pursuant to the terms of an
150.7agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
150.8order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
150.9of the fiscal year following the fiscal year during which the agreement was entered into or
150.10during which the order became final, subject to the limitations of this section. At the end
150.11of each fiscal year the commissioner shall calculate the amount of compensation to be
150.12paid from the fund pursuant to agreements that have been entered into under subdivision
150.137, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
150.14subdivision 8. If the calculated amount exceeds the amount available for payment, then
150.15the commissioner shall allocate the amount available among the owners and the lessees
150.16in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
150.17bears to the amount calculated. The commissioner shall mail notice of the allocation to
150.18all owners and lessees not less than 45 days following the end of the fiscal year. Any
150.19compensation paid by the commissioner in accordance with this subdivision shall be
150.20deemed to satisfy and extinguish any right to compensation from the fund based upon the
150.21verified application of the owner or lessee.
150.22 Subd. 10. Right of subrogation. If the commissioner pays compensation from the
150.23fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
150.24final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
150.25shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
150.26judgment in the amount of compensation paid from the fund and the owner or the lessee
150.27shall assign to the commissioner all rights, title, and interest in the final judgment in
150.28the amount of compensation paid. The commissioner shall deposit in the fund money
150.29recovered under this subdivision.
150.30 Subd. 11. Effect of section on commissioner's authority. Nothing contained
150.31in this section shall limit the authority of the commissioner to take disciplinary action
150.32against a licensee under the provisions of this chapter. A licensee's repayment in full of
150.33obligations to the fund shall not nullify or modify the effect of any other disciplinary
150.34proceeding brought under the provisions of this chapter.
150.35 Subd. 12. Limitation. Nothing may obligate the fund to compensate:
150.36 (1) insurers or sureties under subrogation or similar theories; or
151.1 (2) owner of residential property for final judgments against a prior owner of the
151.2residential property unless the claim is brought and judgment is rendered for breach of the
151.3statutory warranty set forth in chapter 327A.
151.4 Subd. 13. Condominiums or townhouses. For purposes of this section, the owner
151.5or the lessee of a condominium or townhouse is considered an owner or a lessee of
151.6residential property regardless of the number of residential units per building.
151.7 Subd. 14. Accelerated compensation. Payments made from the fund to compensate
151.8owners and lessees that do not exceed the jurisdiction limits for conciliation court matters
151.9as specified in section 491A.01 may be paid on an accelerated basis if all of the following
151.10requirements have been satisfied:
151.11 (a) The owner or the lessee has served upon the commissioner a verified application
151.12for compensation that complies with the requirements set out in subdivision 6 and the
151.13commissioner determines based on review of the application that compensation should be
151.14paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
151.15loss in the transaction, minus attorney fees, interest on the loss and on the judgment
151.16obtained as a result of the loss, and any satisfaction of the judgment, and make payment
151.17to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
151.18after the owner or lessee serves the verified application.
151.19 (b) The commissioner may pay compensation to owners or lessees that totals not
151.20more than $50,000 per licensee per fiscal year under this accelerated process. The
151.21commissioner may prorate the amount of compensation paid to owners or lessees under
151.22this subdivision if applications submitted by owners and lessees seek compensation in
151.23excess of $50,000 against a licensee. Any unpaid portion of a verified application that
151.24has been prorated under this subdivision shall be satisfied in the manner set forth in
151.25subdivision 9.
151.26 Subd. 15. Appropriation. Money in the fund is appropriated to the commissioner
151.27for the purposes of this section.
151.28 Subd. 16. Additional assessment. If the balance in the fund is at any time less than
151.29the commissioner determines is necessary to carry out the purposes of this section, every
151.30licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the
151.31fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall
151.32set the amount of assessment based on a reasonable determination of the amount that is
151.33necessary to restore a balance in the fund adequate to carry out the purposes of this section.
151.34EFFECTIVE DATE.This section is effective December 1, 2007, except that
151.35subdivisions 1, 3, and 15 are effective July 1, 2007.
152.1 Sec. 29. Minnesota Statutes 2006, section 541.051, is amended to read:
152.2541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES
152.3OR CONSTRUCTION TO IMPROVE REAL PROPERTY.
152.4 Subdivision 1. Limitation; service or construction of real property;
152.5improvements. (a) Except where fraud is involved, no action by any person in contract,
152.6tort, or otherwise to recover damages for any injury to property, real or personal, or for
152.7bodily injury or wrongful death, arising out of the defective and unsafe condition of an
152.8improvement to real property,nor any action for contribution or indemnity for damages
152.9sustained on account of the injury, shall be brought against any person performing or
152.10furnishing the design, planning, supervision, materials, or observation of construction
152.11or construction of the improvement to real property or against the owner of the real
152.12property more than two years after discovery of the injuryor, in the case of an action for
152.13contribution or indemnity, accrual of the cause of action, nor, in any event shall such a
152.14cause of action accrue more than ten years after substantial completion of the construction.
152.15Date of substantial completion shall be determined by the date when construction is
152.16sufficiently completed so that the owner or the owner's representative can occupy or use
152.17the improvement for the intended purpose.
152.18 (b) Notwithstanding paragraph (a), an action for contribution or indemnity arising
152.19out of the defective and unsafe condition of an improvement to real property may be
152.20brought no later than two years after the cause of action for contribution or indemnity has
152.21accrued, regardless of whether it accrued before or after the ten-year period referenced in
152.22paragraph (a).
152.23(b) (c) For purposes of paragraph (a), a cause of action accrues upon discovery of
152.24the injuryor, provided that in the case of an action for contribution or indemnity under
152.25paragraph (b),upon a cause of action accrues upon the earlier of commencement of the
152.26action against the party seeking contribution or indemnity, or payment of a final judgment,
152.27arbitration award, or settlement arising out of the defective and unsafe condition.
152.28(c) (d) Nothing in this section shall apply to actions for damages resulting from
152.29negligence in the maintenance, operation or inspection of the real property improvement
152.30against the owner or other person in possession.
152.31(d) (e) The limitations prescribed in this section do not apply to the manufacturer or
152.32supplier of any equipment or machinery installed upon real property.
152.33 Subd. 2. Action allowed; limitation. Notwithstanding the provisions of subdivision
152.341, paragraph (a), in the case ofan a cause of action which accrues during the ninth or tenth
152.35year after substantial completion of the construction, an action to recover damages may be
152.36brought within two years after the date on which the cause of action accrued, but in no
153.1event may such an action be brought more than 12 years after substantial completion of
153.2the construction. Nothing in this subdivision shall limit the time for bringing an action for
153.3contribution or indemnity.
153.4 Subd. 3. Not construed. Nothing in this section shall be construed as extending the
153.5period prescribed by the laws of this state for the bringing of any action.
153.6 Subd. 4. Applicability. For the purposes of actions based on breach of the statutory
153.7warranties set forth in section327A.02 , or to actions based on breach of an express written
153.8warranty, such actions shall be brought within two years of the discovery of the breach. In
153.9the case of an action under section327A.05 , which accrues during the ninth or tenth year
153.10after the warranty date, as defined in section327A.01, subdivision 8 , an action may be
153.11brought within two years of the discovery of the breach, but in no event may an action
153.12under section327A.05 be brought more than 12 years after the effective warranty date.
153.13An action for contribution or indemnity arising out of actions described in this subdivision
153.14may be brought no later than two years after the earlier of commencement of the action
153.15against the party seeking contribution or indemnity, or payment of a final judgment,
153.16arbitration award, or settlement arising out of the breach.
153.17EFFECTIVE DATE.This section is effective retroactive to June 30, 2006.
153.18 Sec. 30. REVISOR'S INSTRUCTION.
153.19 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
153.20column A with the number listed in column B. The revisor shall also make necessary
153.21cross-reference changes consistent with the renumbering.
154.7 Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
154.8183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS;
154.9LICENSES.
154.10 Subdivision 1. All boilers inspected. TheDivision of Boiler Inspection
154.11commissioner shall inspect all boilers and pressure vessels in use not expressly excepted
154.12from such inspection by law.Immediately Upon inspection the Division of Boiler
154.13Inspection commissioner shall issue a certificate of inspection therefor or a certificate
154.14condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and
154.15certificates shall be prepared and furnished by the commissioner. TheDivision of Boiler
154.16Inspection commissioner shall examine all applicants for engineer's licenses. The chief of
154.17the Division of Boiler Inspection commissioner shall issue such license to an applicant as
154.18the examination shall show the applicant is entitled to receive.
154.19 Subd. 2. Inspector's examination. For the purpose of examining applicants
154.20forlicense a National Board of Boiler and Pressure Vessel Inspectors commission, the
154.21chief of the Division of Boiler Inspection or the deputy chief commissioner shall fix and
154.22determine a time and place for the examinations, and give notice to all applicants of the
154.23time and place. Thechief or the deputy chief commissioner shall grant and sign such
154.24license certificates as applicants are entitled to receive upon examination. Applicants may
154.25be examined and issued certificates of competency as inspectors of boilers and pressure
154.26vessels.
154.27 Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
154.28 Subdivision 1. Inspector requirements. Each boiler inspector shall bea person
154.29of good moral character, shall be licensed in this state as a chief grade A engineer, and
154.30must hold a national board commission as a boiler inspector within 12 months of being
154.31employed as a boiler inspector by the department. An inspector shall not be interested in
154.32the manufacture or sale of boilers or steam machinery or in any patented article required
154.33or generally used in the construction of engines or boilers or their appurtenances.
155.1 Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
155.2 Subd. 2. Inspection. When used for display and demonstration purposes, steam
155.3farm traction engines, portable and stationary show engines and portable and stationary
155.4show boilers shall be inspected every two years according to law.
155.5 (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
155.6by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
155.7in paragraph (b), before being certified for use in Minnesota.
155.8 (b) Standards for inspection of show boilers shall be those established by the
155.9National Board Inspection Code ANSI/NB23 and by the rules adopted by the department
155.10of Labor and Industry, Division of Boiler Inspection, and as follows:
155.11 (1) the boiler shall be subjected to the appropriate method of nondestructive
155.12examination, at the owner's expense, as deemed necessary by the boiler inspector to
155.13determine soundness and safety of the boiler;
155.14 (2) the boiler shall be tested by ultrasonic examination for metal thickness (for
155.15purposes of calculating the maximum allowable working pressure the thinnest reading
155.16shall be used and a safety factor of six shall be used in calculating maximum allowable
155.17working pressure on all non-ASME-code hobby and show boilers); and
155.18 (3) repairs and alterations made to show boilers must be made pursuant to section
155.19183.466
.
155.20 (c) Further each such object shall successfully complete an inspection of:
155.21 (1) the fusible plug;
155.22 (2) the safety valve, which must be ofAmerican Society of Mechanical Engineers'
155.23ASME approved design and set at the maximum allowable working pressure and sealed in
155.24an appropriate manner not allowing tampering with the valve setting without destroying
155.25the seal; and
155.26 (3) the boiler power piping.
155.27 Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
155.28be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
155.29the jacket must be removed prior to inspection.
155.30 Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
155.31183.42 INSPECTION AND REGISTRATION.
155.32 Subdivision 1. Inspection. Every owner, lessee, or other person having charge of
155.33boilers or pressure vessels subject to inspection under this chapter shall cause them to be
155.34inspected by theDivision of Boiler Inspection department. Except as provided in sections
155.35183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at
156.1least annually and pressure vessels inspected at least every two yearsexcept as provided
156.2under section
183.45
156.3or pressure vessel for failure to have the inspection required by this section and may seal
156.4the boiler or pressure vessel for refusal to allow an inspection as required by this section.
156.5 Subd. 2. Registration. Every owner, lessee, or other person having charge of
156.6boilers or pressure vessels subject to inspection under this chapter, except hobby boilers
156.7under section 183.411, shall register said objects with theDivision of Boiler Inspection
156.8department. The registration shall be renewed annually and is applicable to each object
156.9separately. The fee for registration of a boiler or pressure vessel shall be pursuant to
156.10section183.545, subdivision 10 . The Division of Boiler Inspection department may issue
156.11a billing statement for each boiler and pressure vessel on record with the division, and
156.12may determine a monthly schedule of billings to be followed for owners, lessees, or other
156.13persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
156.14 Subd. 3. Certificate of registration. TheDivision of Boiler Inspection department
156.15shall issue a certificate of registration that lists the registered boilers and pressure vessels
156.16at the location, expiration date of the certificate of registration, last inspection date of
156.17each registered boiler and pressure vessel, and maximum allowable working pressure for
156.18each registered boiler and pressure vessel. The commissioner may make an electronic
156.19certificate of registration available to be printed by the owner, lessee, or other person
156.20having charge of the registered boiler or pressure vessel.
156.21 Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
156.22183.45 INSPECTION.
156.23 Subdivision 1. Inspection requirements. All boilers and steam generators must
156.24be inspected by theDivision of Boiler Inspection department before they are used and
156.25all boilers must be inspected at least once each year thereafter except as provided under
156.26subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure
156.27or hammer test, and shall ascertain by a thorough internal and external examination
156.28that they are well made and of good and suitable material; that the openings for the
156.29passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of
156.30proper dimensions and free from obstructions; that the flues are circular in form; that the
156.31arrangements for delivering the feed water are such that the boilers cannot be injured
156.32thereby; and that such boilers and their connections may be safely used without danger to
156.33life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions,
156.34sufficient in number, and properly arranged, and that the safety valves are so adjusted as
156.35to allow no greater pressure in the boilers than the amount prescribed by the inspector's
157.1certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate
157.2the amount of water, and suitable gauges that will correctly record the pressure; and
157.3that the fusible metals are properly inserted where required so as to fuse by the heat of
157.4the furnace whenever the water in the boiler falls below its prescribed limit; and that
157.5provisions are made for an ample supply of water to feed the boilers at all times; and that
157.6means for blowing out are provided, so as to thoroughly remove the mud and sediment
157.7from all parts when under pressure.
157.8 Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000
157.9pounds per hour or more capacity which has an internal continuous water treatment
157.10program approved by the department and which thechief boiler inspector commissioner
157.11has determined to be in compliance with paragraph (c).
157.12 (b) A qualifying boiler must be inspected at least once every 24 months internally
157.13and externally while not under pressure and at least once every 18 months externally
157.14while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
157.15to determine the safety of a boiler, the test must be conducted under the direction of the
157.16owner, contractor, or user of the equipment under the supervision of an inspector.
157.17 (c) The owner of a qualifying boiler must keep accurate records showing the date
157.18and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
157.19physical laboratory analysis of samples of the boiler water taken at regular intervals of
157.20not more than 48 hours of operation which adequately show the condition of the water,
157.21and any elements or characteristics of the water capable of producing corrosion or other
157.22deterioration of the boiler or its parts.
157.23 (d) If an inspector determines there are substantial deficiencies in equipment or in
157.24boiler water treatment operating procedures, inspections of a qualifying boiler may be
157.25required once every 12 months until thechief boiler inspector commissioner finds that the
157.26substantial deficiencies have been corrected.
157.27 Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
157.28183.46 TESTS.
157.29 In subjecting both high and low pressure boilers and pressure vessels to the
157.30hydrostatic test, and to determine the safe allowable working pressure, the inspector shall
157.31use the latest approved formula of theAmerican Society of Mechanical Engineers ASME
157.32Code or National Board Inspection Code, as applicable.
157.33 Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
157.34183.465 STANDARDS OF INSPECTION.
158.1 The engineering standards of boilers and pressure vessels for use in this state shall
158.2be that established by the current edition ofthe and amendments to the ASME Code or the
158.3National Board Inspection Code, as applicable, for construction, operation and care of,
158.4in-service inspection and testing, and controls and safety devices codes of the American
158.5Society of Mechanical Engineers and amendments thereto, and by the rules of the Division
158.6of Boiler Inspection adopted by the department of Labor and Industry.
158.7 Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
158.8183.466 STANDARDS OF REPAIRS.
158.9 The rules for repair of boilers and pressure vessels for use in this state shall be those
158.10established by the National Board of Boiler and Pressure Vessel Inspectors inspection
158.11code and the rulesof the Division of Boiler Inspection adopted by the department of
158.12Labor and Industry.
158.13 Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
158.14183.48 SPECIAL EXAMINATION.
158.15At any time the inspector deems it necessary an examination shall be made of any
158.16If an inspector examines a boiler or pressure vesselwhich there is reason to believe has
158.17become and determines that the boiler or pressure vessel is unsafe, and the inspector shall
158.18notify the owners or operators thereof owner or operator of any defect therein, and what
158.19repairs are necessary in that boiler or pressure vessel. Such boiler or pressure vessel
158.20shall not thereafter be used untilso repaired the defect is corrected. Boilers found to be
158.21operated by unlicensed or improperly licensed persons shall not be used until the operators
158.22are properly licensed. If circumstances warrant continued operation, approval may be
158.23given for continuing operation for a specific period of time, not to exceed 30 days, at the
158.24discretion of the boiler inspector.
158.25 Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
158.26183.501 LICENSE REQUIREMENT.
158.27 (a) Noperson individual shall be entrusted with the operation of or operate any
158.28boiler, steam engine, or turbine who has not received a license of grade covering that
158.29boiler, steam engine or turbine. The license shall be renewed annually, except as provided
158.30in section 183.411.When a violation of this section occurs the Division of Boiler
158.31Inspection may cause a complaint to be made for the prosecution of the offender and shall
158.32be entitled to sue for and obtain injunctive relief in the district courts for such violations.
159.1 (b) For purposes of this chapter, "operation" shall not include monitoring of an
159.2automatic boiler, either through on premises inspection of the boiler or by remote
159.3electronic surveillance, provided that no operations are performed upon the boiler other
159.4than emergency shut down in alarm situations.
159.5 (c) No individual under the influence of illegal drugs or alcohol shall be entrusted
159.6with the operation of or shall operate any boiler, steam engine, or turbine, or shall be
159.7entrusted with the monitoring of or shall monitor an automatic boiler.
159.8 Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
159.9183.505 APPLICATIONS FOR LICENSES.
159.10 Thechief boiler inspector commissioner shall prepare blank applications on which
159.11applications forengineers' licenses shall be made under oath of the applicant. These
159.12blanks shallbe so formulated as to elicit such information as is desirable needed to
159.13enable the examiners to pass on determine whether an applicant meets the qualifications
159.14of applicants required for the license.
159.15 Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
159.16183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
159.17 Subdivision 1. Engineers, classes. Engineers shall be divided into four classes:
159.18 (1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade
159.19A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade
159.20C. (4) Special engineers.
159.21 Subd. 2. Applications. Anyperson individual who desires an engineer's license
159.22shall submita written an application, on blanks furnished by the commissioner or designee
159.23on a written or electronic form prescribed by the commissioner, at least 15 days before
159.24the requested exam date. The applicationis valid for permits the applicant to take the
159.25examination on one occasion within one year from the date the commissioneror designee
159.26received receives the application.
159.27 Subd. 2a. Examinations. Each applicant for a license must pass an examination
159.28approved developed and administered by the commissioner. The examinations shall be
159.29of sufficient scope to establish the competency of the applicant to operate a boiler of the
159.30applicable license class and grade.
159.31 Subd. 3. High and low pressure boilers. For the purposes of this section and
159.32section183.50 , high pressure boilers shall mean boilers operating at a steam or other vapor
159.33pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
159.34exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
160.1 Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
160.2of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
160.3160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
160.4 Subd. 4. Chief engineer, Grade A.A person An individual seeking licensure as
160.5a chief engineer, Grade A, shall be at least 18 years of age and have experience which
160.6verifies that theperson individual is competent to take charge of and be responsible for the
160.7safe operation and maintenance of all classes of boilers, steam engines, and turbines and
160.8their appurtenances; and, before receiving a license, the applicant shall take and subscribe
160.9an oath attesting to at least five years actual experience in operating such boilers, including
160.10at least two years experience in operating such engines or turbines.
160.11 Subd. 5. Chief engineer, Grade B.A person An individual seeking licensure as a
160.12chief engineer, Grade B, shall be at least 18 years of age and have habits and experience
160.13which justify the belief that theperson individual is competent to take charge of and be
160.14responsible for the safe operation and maintenance of all classes of boilers and their
160.15appurtenances; and, before receiving a license, the applicant shall take and subscribe an
160.16oath attesting to at least five years actual experience in operating those boilers.
160.17 Subd. 6. Chief engineer, Grade C.A person An individual seeking licensure as a
160.18chief engineer, Grade C, shall be at least 18 years of age and have habits and experience
160.19which justify the belief that theperson individual is competent to take charge of and
160.20be responsible for the safe operation and maintenance of all classes of low pressure
160.21boilers and their appurtenances, and before receiving a license, the applicant shall take
160.22and subscribe an oath attesting to at least five years of actual experience in operating
160.23such boilers.
160.24 Subd. 7. First-class engineer, Grade A.A person An individual seeking licensure
160.25as a first-class engineer, Grade A, shall be at least 18 years of age and have experience
160.26which verifies that theperson individual is competent to take charge of and be responsible
160.27for the safe operation and maintenance of all classes of boilers, engines, and turbines and
160.28their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a
160.29plant of unlimited horsepower. Before receiving a license, the applicant shall take and
160.30subscribe an oath attesting to at least three years actual experience in operating such
160.31boilers, including at least two years experience in operating such engines or turbines.
160.32 Subd. 8. First-class engineer, Grade B.A person An individual seeking licensure
160.33as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
160.34experience which justify the belief that theperson individual is competent to take charge
160.35of and be responsible for the safe operation and maintenance of all classes of boilers of
160.36not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited
161.1horsepower. Before receiving a license the applicant shall take and subscribe an oath
161.2attesting to at least three years actual experience in operating such boilers.
161.3 Subd. 9. First-class engineer, Grade C.A person An individual seeking licensure
161.4as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
161.5experience which justify the belief that theperson individual is competent to take charge
161.6of and be responsible for the safe operation and maintenance of all classes of low pressure
161.7boilers and their appurtenances of not more than 300 horsepower or to operate as a shift
161.8engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
161.9applicant shall take and subscribe an oath attesting to at least three years actual experience
161.10in operating such boilers.
161.11 Subd. 10. Second-class engineer, Grade A.A person An individual seeking
161.12licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have
161.13experience which verifies that theperson individual is competent to take charge of and
161.14be responsible for the safe operation and maintenance of all classes of boilers, engines,
161.15and turbines and their appurtenances of not more than 100 horsepower or to operate
161.16as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift
161.17engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving
161.18a license the applicant shall take and subscribe an oath attesting to at least one year of
161.19actual experience in operating such boilers, including at least one year of experience in
161.20operating such engines or turbines.
161.21 Subd. 11. Second-class engineer, Grade B.A person An individual seeking
161.22licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have
161.23habits and experience which justify the belief that theperson individual is competent to
161.24take charge of and be responsible for the safe operation and maintenance of all classes of
161.25boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not
161.26more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant
161.27of unlimited horsepower. Before receiving a license the applicant shall take and subscribe
161.28an oath attesting to at least one year of actual experience in operating such boilers.
161.29 Subd. 12. Second-class engineer, Grade C.A person An individual seeking
161.30licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have
161.31habits and experience which justify the belief that theperson individual is competent to
161.32take charge of and be responsible for the safe operation and maintenance of all classes
161.33of low pressure boilers and their appurtenances of not more than 100 horsepower or to
161.34operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or
161.35to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited
162.1horsepower. Before receiving a license, the applicant shall take and subscribe an oath
162.2attesting to at least one year of actual experience in operating such boilers.
162.3 Subd. 13. Special engineer.A person An individual seeking licensure as a special
162.4engineer shall be at least 18 years of age and have habits and experience which justify
162.5the belief that theperson individual is competent to take charge of and be responsible for
162.6the safe operation and maintenance of all classes of boilers and their appurtenances of
162.7not more than 30 horsepower or to operate as a shift engineer in a plant of not more than
162.8100 horsepower, or to serve as an apprentice in any plant under the direct supervision of
162.9the properly licensed engineer.
162.10 Subd. 14. Current boiler operators. Anyperson individual operating a boiler other
162.11than a steam boiler on or before April 15, 1982 shall be qualified for application for the
162.12applicable class license upon presentation of an affidavit furnished by an inspector and
162.13sworn to by theperson's individual's employer or a chief engineer. The applicant must
162.14have at least the number of years of actual experience specified for the class of license
162.15requested and pass the appropriate examination.
162.16 Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for
162.17engineer license classifications only: ten square feet of heating surface shall be considered
162.18equivalent to one boiler horsepower for conventional boilers and five square feet of
162.19heating surface equivalent to one boiler horsepower for steam coil type generators.
162.20 Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
162.21 Subdivision 1.Safety Inspection certificate. After examination and tests, if a boiler
162.22inspector finds any boiler or pressure vessel safe and suitable for use, the inspector shall
162.23deliver to the chief boiler inspector a verified certificate in such form as prescribed by
162.24the chief boiler inspector containing a specification of the tests applied and the working
162.25pressure allowed. A copy of the certificate is delivered to the owner of the boiler or
162.26pressure vessel, who shall place and retain the same in a conspicuous place on or near
162.27the boiler or pressure vessel. of the boiler or pressure vessel being inspected, the boiler
162.28inspector shall document the condition of the boiler or pressure vessel as required by the
162.29commissioner. The inspector shall issue an inspection certificate, as prescribed by the
162.30commissioner, to the owner or operator for the inspected boilers and pressure vessels
162.31found to be safe and suitable for use. The inspector shall immediately notify the owner or
162.32operator of any deficiencies found on the boilers and pressure vessels during the inspection
162.33on a form prescribed by the commissioner.
162.34 Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
163.1 Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel,
163.2which boiler or pressure vessel has been duly inspected, refuses to pay the required fee
163.3within 30 days from the date of theinspection invoice, the chief boiler inspector, or
163.4deputy, department may seal the boiler or pressure vessel until the fee is paid.
163.5 Sec. 15. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision
163.6to read:
163.7 Subd. 11. Late fee. The commissioner may assess a late fee of up to $100 for
163.8each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date
163.9stated on the invoice.
163.10EFFECTIVE DATE.This section is effective July 1, 2007.
163.11 Sec. 16. Minnesota Statutes 2006, section 183.56, is amended to read:
163.12183.56 EXCEPTIONS.
163.13 The provisions of sections183.38 to
183.62 , shall not apply to:
163.14 (1) boilers in buildings occupied solely for residence purposes with accommodations
163.15for not more than five families;
163.16 (2) railroad locomotives operated by railroad companies for transportation purposes;
163.17 (3) air tanks installed on the right-of-way of railroads and used directly in the
163.18operation of trains;
163.19 (4) boilers and pressure vessels under the direct jurisdiction of the United States;
163.20 (5) unfired pressure vessels having an internal or external working pressure not
163.21exceeding 15 p.s.i.g. with no limit on size;
163.22 (6) pressure vessels used for storage of compressed air not exceeding five cubic feet
163.23in volume and equipped with anAmerican Society of Mechanical Engineers ASME code
163.24stamped safety valve set at a maximum of 100 p.s.i.g.;
163.25 (7) pressure vessels having an inside diameter not exceeding six inches;
163.26 (8) every vessel that contains water under pressure, including those containing air
163.27that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
163.28whose design temperature does not exceed 210 degrees Fahrenheit;
163.29 (9) boiler or pressure vessels located on farms used solely for agricultural or
163.30horticultural purposes; for purposes of this section, boilers used for mint oil extraction
163.31are considered used for agricultural or horticultural purposes, provided that the owner or
163.32lessee complies with the inspection requirements contained in section183.42 ;
163.33 (10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
164.1 (11) unfired pressure vessels in petroleum refineries;
164.2 (12) an air tank or pressure vessel which is an integral part of a passenger motor
164.3bus, truck, or trailer;
164.4 (13) hot water heating and other hot liquid boilers not exceeding a heat input of
164.5750,000 BTU per hour;
164.6 (14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
164.7BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
164.8120 gallons, or a pressure of 160 p.s.i.g.;
164.9 (15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
164.10 (16) pressure vessels operated full of water or other liquid not materially more
164.11hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees
164.12Fahrenheit or a pressure of 200 p.s.i.g.;
164.13 (17) steam powered turbines at paper-making facilities which are powered by steam
164.14generated by municipal steam district facilities at a remote location; and
164.15 (18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
164.16or antique motor vehicles constructed or maintained only as a hobby for exhibition,
164.17educational or historical purposes and not for commercial use, if the boilers have an
164.18inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
164.19equipped with anAmerican Society of Mechanical Engineers ASME stamped safety valve
164.20of adequate size, a water level indicator, and a pressure gauge.
164.21 An engineer's license is not required for hot water supply boilers.
164.22 An engineer's license is not required for boilers, steam cookers, steam kettles, steam
164.23sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
164.24kilowatt, 2-1/2 horsepoweror and a pressure of 15 p.s.i.g.
164.25 Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum
164.26of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
164.27shall not require an engineer license to operate.
164.28 Sec. 17. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
164.29 Subdivision 1. Report required. Any insurance company insuring boilers and
164.30pressure vessels in this state shall file a report showing the most recent date of inspection,
164.31the name of theperson individual making the inspection, the condition of the boiler or
164.32pressure vessel as disclosed by the inspection, whether the boiler was operated by a
164.33properly licensed engineer, whether a policy of insurance has been issued by the company
164.34with reference to the boiler or pressure vessel, and other information as directed by the
164.35chief boiler inspector commissioner. Within 21 days after the inspection, the insurance
165.1company shall file the report with thechief boiler inspector or designee commissioner.
165.2The insurer shall provide a copy of the report to the person, firm, or corporation owning or
165.3operating the inspected boiler or pressure vessel. Such report shall be made annually for
165.4boilers and biennially for pressure vessels.
165.5 Sec. 18. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
165.6 Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
165.7company authorized to do business in this state has issued a policy of insurance, after the
165.8inspection thereof, is exempt from inspection by the department made under sections
165.9183.375
to
183.62 , while the same continues to be insured and provided it continues
165.10to be inspected in accordance with the inspection schedule set forth in sections183.42
165.11and183.45 , and the person, firm, or corporation owning or operating the same has an
165.12unexpired certificate of registration.
165.13 Sec. 19. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
165.14 Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner
165.15or designee in writing of its policy to insure and inspect boilers and pressure vessels at a
165.16location within 30 days of receipt of notification from the insured that a boiler or pressure
165.17vessel is present at an insured location. The insurer must also provide a duplicate of the
165.18notification to the insured.
165.19 Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
165.20 Subd. 6. Notice of discontinued coverage. The insurer shall notify the
165.21commissioneror designee in writing, within 30 days of the effective date, of the
165.22discontinuation of insurance coverage of the boilers and pressure vessels at a location
165.23and the cause or reason for the discontinuation if the insurer has received notice from
165.24the insured that a boiler or pressure vessel is present at an insured location, as provided
165.25under subdivision 5. This notice shall show the effective date when the discontinued
165.26policy takes effect.
165.27 Sec. 21. Minnesota Statutes 2006, section 183.59, is amended to read:
165.28183.59 VIOLATIONS BY INSPECTORS.
165.29 Every inspector who willfully certifies falsely regarding any boiler or its attachments,
165.30or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
165.31to anyperson individual to act as engineer, or master, or pilot contrary to any provision of
166.1sections183.375 to
183.62 , is guilty of a misdemeanor. In addition to this punishment the
166.2inspector shall be removed from office forthwith.
166.3 Sec. 22. Minnesota Statutes 2006, section 183.60, is amended to read:
166.4183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
166.5 Subdivision 1. Construction violation.Every No person who constructs shall
166.6construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum
166.7construction requirements of theAmerican Society of Mechanical Engineers ASME boiler
166.8and pressure vessel code, and the rules of theDivision of Boiler Inspection adopted by the
166.9 departmentof Labor and Industry is guilty of a gross misdemeanor.
166.10 Subd. 2. Repair violation.Every No person who repairs a boiler or pressure vessel
166.11by welding or riveting so as not to meet the minimum requirements established by the
166.12current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
166.13code and the rules of theDivision of Boiler Inspection adopted by the department of Labor
166.14and Industry is guilty of a gross misdemeanor.
166.15 Subd. 3. Sale violation.Every No manufacturer, jobber, dealer, or other person
166.16selling or offering shall sell or offer for sale a boiler or pressure vessel that does not meet
166.17the minimum construction requirements of theAmerican Society of Mechanical Engineers
166.18ASME boiler and pressure vessel code and the rules of theDivision of Boiler Inspection
166.19adopted by the department of Labor and Industry is guilty of a gross misdemeanor.
166.20 Sec. 23. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
166.21 Subd. 2. Inspection violation.Any No person who causes shall cause to be
166.22operated, or operates shall operate, any boiler or boat without having the same inspected
166.23at least once each year, or pressure vessel, steam farm traction engine, portable or
166.24stationary show engine, or portable or stationary show boiler without having it inspected
166.25biennially,and or without having the proper engineer or pilot master license is guilty
166.26of a misdemeanor.
166.27 Sec. 24. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
166.28 Subd. 4. Failure to repair.Every person operating or causing to be operated After
166.29any boiler or pressure vesselafter it has been examined and found to be unsafe and after the
166.30owner or operatorthereof of the boiler or pressure vessel has been notified of any defect
166.31therein and what repairs are necessary to remedy the defect who fails to comply with the
166.32inspector's requirements is guilty of a misdemeanor in it, no person shall operate the boiler
166.33or pressure vessel or cause it to be operated unless and until the defect has been corrected.
167.1 Sec. 25. [326B.93] INSPECTION PERSONNEL.
167.2 Subdivision 1. Inspectors. The department may employ such inspectors and other
167.3persons as are necessary to efficiently perform the duties and exercise the powers imposed
167.4upon the department.
167.5 Subd. 2. Chief boiler inspector. The commissioner shall appoint a chief boiler
167.6inspector who, under the direction and supervision of the commissioner, shall administer
167.7this chapter and the rules adopted under this chapter. The chief boiler inspector must:
167.8 (1) be licensed as a chief Grade A engineer; and
167.9 (2) possess a current commission issued by the National Board of Boiler and
167.10Pressure Vessel Inspectors.
167.11The chief boiler inspector shall be the state of Minnesota representative on the National
167.12Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority
167.13of the rules adopted under this chapter, and shall perform other duties in administering
167.14this chapter and the rules adopted under this chapter as assigned by the commissioner.
167.15Any person aggrieved by a ruling of the chief boiler inspector may appeal the ruling
167.16in accordance with chapter 14.
167.17 Sec. 26. [326B.94] BOATS; MASTERS.
167.18 Subdivision 1. Boat. "Boat" means any vessel navigating inland waters of the state
167.19that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet
167.20or more in length.
167.21 Subd. 2. Number of passengers. The department shall designate the number of
167.22passengers that each boat may safely carry, and no such boat shall carry a greater number
167.23than is allowed by the inspector's certificate.
167.24 Subd. 3. Annual permit. The commissioner shall issue an annual permit to a boat
167.25for the purpose of carrying passengers for hire on the inland waters of the state provided
167.26the boat satisfies the inspection requirements of this section. A boat subject to inspection
167.27under this chapter shall be registered with the department and shall be inspected before a
167.28permit may be issued. No person shall operate a boat or cause a boat to be operated for the
167.29purpose of carrying passengers for hire on the inland waters of the state without a valid
167.30annual permit issued under this section.
167.31 Subd. 4. Examinations, licensing. The commissioner shall develop and administer
167.32an examination for all masters of boats carrying passengers for hire on the inland waters of
167.33the state as to their qualifications and fitness. If found qualified and competent to perform
167.34their duties as a master of a boat carrying passengers for hire, they shall be issued a license
167.35authorizing them to act as such on the inland waters of the state. The license shall be
168.1renewed annually. Fees for the original issue and renewal of the license authorized under
168.2this section shall be pursuant to section 183.545, subdivision 2.
168.3 Subd. 5. Rules. (a) The department shall prescribe rules for the inspection of the
168.4hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
168.5and lifesaving equipment of all power boats navigating the inland waters of the state,
168.6which shall conform to the requirements and specifications of the United States Coast
168.7Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable
168.8inland waters; these rules shall have the force of law.
168.9 (b) The commissioner shall make such rules for inspection and operation of boats
168.10subject to inspection under this chapter, the licensing of masters, and the navigation of any
168.11such boat as will require its operation without danger to life or property.
168.12 Subd. 6. Drugs, alcohol. No master shall be under the influence of illegal drugs
168.13or alcohol when on duty.
168.14 Sec. 27. REVISOR'S INSTRUCTION.
168.15 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
168.16column A with the number listed in column B. The revisor shall also make necessary
168.17cross-reference changes consistent with the renumbering.
169.5 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
169.6326.46SUPERVISION OF DEPARTMENT TO SUPERVISE HIGH
169.7PRESSURE PIPING.
169.8 The departmentof Labor and Industry shall supervise all high pressure piping used
169.9on all projects in this state, and may prescribe minimum standards which shall be uniform.
169.10 The department shall employ inspectors and other assistants to carry out the
169.11provisions of sections326.46 to
326.52 .
169.12 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.13to read:
169.14 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
169.15 Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.16to read:
169.17 Subd. 1b. Contracting high pressure pipefitter. "Contracting high pressure
169.18pipefitter" means an individual, such as a steamfitter, engaged in the planning,
169.19superintending, and practical installation of high pressure piping and appurtenances, and
169.20otherwise lawfully qualified to construct high pressure piping installations and make
169.21replacements to existing plants, who is also qualified to conduct the business of high
169.22pressure piping installations and who is familiar with the laws, rules, and minimum
169.23standards governing them.
169.24 Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.25to read:
169.26 Subd. 2a. High pressure steam. "High pressure steam" means a pressure in excess
169.27of 15 pounds per square inch.
169.28 Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.29to read:
170.1 Subd. 2b. Journeyman high pressure pipefitter. "Journeyman high pressure
170.2pipefitter" means an individual, such as a steamfitter, who is not a contracting high
170.3pressure pipefitter and who is engaged in the practical installation of high pressure piping
170.4and appurtenances in the employ of a contracting high pressure pipefitter.
170.5 Sec. 6. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
170.6to read:
170.7 Subd. 4. Pipefitter apprentice. A "pipefitter apprentice" is an individual employed
170.8in the trade of the practical construction and installation of high pressure piping and
170.9appurtenances under an apprenticeship agreement approved by the department under
170.10Minnesota Rules, part 5200.0300.
170.11EFFECTIVE DATE.This section is effective July 1, 2007.
170.12 Sec. 7. Minnesota Statutes 2006, section 326.47, is amended to read:
170.13326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
170.14 Subdivision 1. Required permit. No person, firm, or corporation shall construct or
170.15install high pressure piping systems without first filing an application for a permit with the
170.16departmentof Labor and Industry or a municipality that has complied with subdivision 2.
170.17Projects under construction prior to August 1, 1984, are not required to obtain a permit.
170.18 Subd. 2. Permissive municipal regulation.A municipality may, by ordinance,
170.19provide for the inspection of high pressure piping system materials and construction, and
170.20provide that it shall not be constructed or installed except in accordance with minimum
170.21state standards. The authority designated by the ordinance for issuing high pressure piping
170.22permits and assuring compliance with state standards must report to the Department of
170.23Labor and Industry all violations of state high pressure piping standards.
170.24A municipality may not adopt an ordinance with high pressure piping standards
170.25that does not conform to the uniform standards prescribed by the Department of Labor
170.26and Industry. The Department of Labor and Industry shall specify by rule the minimum
170.27qualifications for municipal inspectors. The commissioner may enter into an agreement
170.28with a municipality, in which the municipality agrees to perform inspections and issue
170.29permits for the construction and installation of high pressure piping systems within the
170.30municipality's geographical area of jurisdiction, if:
170.31 (a) The municipality has adopted:
170.32 (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
170.335230.6200;
171.1 (2) an ordinance that authorizes the municipality to issue permits to persons holding
171.2a high pressure piping business license issued by the department and only for construction
171.3or installation that would, if performed properly, fully comply with all Minnesota Statutes
171.4and Minnesota Rules;
171.5 (3) an ordinance that authorizes the municipality to perform the inspections that are
171.6required under Minnesota Statutes or Minnesota Rules of the construction and installation
171.7of high pressure piping systems; and
171.8 (4) an ordinance that authorizes the municipality to enforce the code for power
171.9piping systems in its entirety.
171.10 (b) The municipality agrees to issue permits only to persons holding a high pressure
171.11piping business license as required by law at the time of the permit issuance, and only for
171.12construction or installation that would, if performed properly, comply with all Minnesota
171.13Statutes and Minnesota Rules governing the construction or installation of high pressure
171.14piping systems.
171.15 (c) The municipality agrees to issue permits only on forms approved by the
171.16department.
171.17 (d) The municipality agrees that, for each permit issued by the municipality, the
171.18municipality shall perform one or more inspections of the construction or installation to
171.19determine whether the construction or installation complies with all Minnesota Statutes
171.20and Minnesota Rules governing the construction or installation of high pressure piping
171.21systems, and shall prepare a written report of each inspection.
171.22 (e) The municipality agrees to notify the commissioner within 24 hours after the
171.23municipality discovers any violation of the licensing laws related to high pressure piping.
171.24 (f) The municipality agrees to notify the commissioner immediately if the
171.25municipality discovers that any entity has failed to meet a deadline set by the municipality
171.26for correction of a violation of the high pressure piping laws.
171.27 (g) The commissioner determines that the individuals who will conduct the
171.28inspections for the municipality do not have any conflict of interest in conducting the
171.29inspections.
171.30 (h) Individuals who will conduct the inspections for the municipality are permanent
171.31employees of the municipality and are licensed contracting high pressure pipefitters or
171.32licensed journeyman high pressure pipefitters.
171.33 (i) The municipality agrees to notify the commissioner within ten days of any
171.34changes in the names or qualifications of the individuals who conduct the inspections
171.35for the municipality.
172.1 (j) The municipality agrees to enforce in its entirety the code for power piping
172.2systems on all projects.
172.3 (k) The municipality shall not approve any piping installation unless the installation
172.4conforms to all applicable provisions of the high pressure piping laws in effect at the
172.5time of the installation.
172.6 (l) The municipality agrees to promptly require compliance or revoke a permit that
172.7it has issued if there is noncompliance with any of the applicable provisions of the high
172.8pressure piping laws in connection with the work covered by the permit. The municipality
172.9agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
172.10violated.
172.11 (m) The municipality agrees to keep official records of all documents received,
172.12including permit applications, and of all permits issued, reports of inspections, and notices
172.13issued in connection with inspections.
172.14 (n) The municipality agrees to maintain the records described in paragraph (m) in
172.15the official records of the municipality for the period required for the retention of public
172.16records under section 138.17, and shall make these records readily available for review
172.17according to section 13.37.
172.18 (o) Not later than the tenth day of each month, the municipality shall submit to the
172.19commissioner a report of all high pressure piping permits issued by the municipality during
172.20the preceding month. This report shall be in a format approved by the commissioner
172.21and shall include:
172.22 (1) the name of the contractor;
172.23 (2) the license number of the contractor's license issued by the commissioner;
172.24 (3) the permit number;
172.25 (4) the address of the job;
172.26 (5) the date the permit was issued;
172.27 (6) a brief description of the work; and
172.28 (7) the amount of the inspection fee.
172.29 (p) Not later than the 31st day of January of each year, the municipality shall submit
172.30a summary report to the commissioner identifying the status of each high pressure piping
172.31project for which the municipality issued a permit during the preceding year, and the
172.32status of high pressure piping projects for which the municipality issued a permit during a
172.33prior year where no final inspection had occurred by the first day of the preceding year.
172.34This summary report shall include:
172.35 (1) the permit number;
172.36 (2) the date of any final inspection; and
173.1 (3) identification of any violation of high pressure piping laws related to work
173.2covered by the permit.
173.3 (q) The municipality and the commissioner agree that if at any time during the
173.4agreement the municipality does not have in effect the code for high pressure piping
173.5systems or any of the ordinances described in paragraph (a), or if the commissioner
173.6determines that the municipality is not properly administering and enforcing the code for
173.7high pressure piping or is otherwise not complying with the agreement:
173.8 (1) the commissioner may, effective 14 days after the municipality's receipt of
173.9written notice, terminate the agreement and have the administration and enforcement of
173.10the high pressure piping code in the involved municipality undertaken by the department;
173.11 (2) the municipality may challenge the termination in a contested case before the
173.12commissioner pursuant to the Administrative Procedure Act; and
173.13 (3) while any challenge under clause (2) is pending, the commissioner may exercise
173.14oversight of the municipality to the extent needed to ensure that high pressure piping
173.15inspections are performed and permits are issued in accordance with the high pressure
173.16piping laws.
173.17 (r) The municipality and the commissioner agree that the municipality may terminate
173.18the agreement with or without cause on 90 days' written notice to the commissioner.
173.19 (s) The municipality and the commissioner agree that no municipality shall
173.20revoke, suspend, or place restrictions on any high pressure piping license issued by the
173.21commissioner. If the municipality identifies during an inspection any violation that
173.22may warrant revocation, suspension, or placement of restrictions on a high pressure
173.23piping license issued by the commissioner, the municipality shall promptly notify the
173.24commissioner of the violation and the commissioner shall determine whether revocation,
173.25suspension, or placement of restrictions on any high pressure piping license issued by
173.26the commissioner is appropriate.
173.27Subd. 5. Reporting of permits issued. Each municipality must submit to the
173.28Department of Labor and Industry a copy of each permit issued within ten days after
173.29issuance.
173.30All permits must be issued on forms prescribed by or approved by the Department of
173.31Labor and Industry.
173.32 Subd. 6. Filing and inspection fees. (a) The departmentof Labor and Industry must
173.33charge a filing feeset by the commissioner under section
16A.1285
173.34for all applications for permits to construct or install high pressure piping systems. The
173.35filing feefor inspection of high pressure piping system construction or installation shall
174.1beset by the commissioner under section
16A.1285This subdivision does The
174.2inspection fee shall be calculated as follows.
174.3 (1) When an application for a permit is filed prior to the start of construction or
174.4installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus
174.50.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of
174.6construction or installation.
174.7 (2) Except as provided in paragraph (b), when an application for permit is filed after
174.8the start of construction or installation, the inspection fee shall be the greater of: $1,100;
174.9or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011
174.10of the amount over $3,000,000 of the cost of construction or installation.
174.11 (b) The commissioner shall consider any extenuating circumstances that caused an
174.12application for permit to be filed after the start of construction or installation. If warranted
174.13by such extenuating circumstances, the commissioner may calculate the inspection fee as
174.14if the application for permit had been filed prior to the start of construction or installation.
174.15 (c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality
174.16complying in accordance with an agreement under subdivision 2.
174.17EFFECTIVE DATE.This section is effective December 1, 2007, except that
174.18subdivision 6 is effective July 1, 2007.
174.19 Sec. 8. Minnesota Statutes 2006, section 326.48, is amended to read:
174.20326.48 LICENSING AND REGISTRATION.
174.21 Subdivision 1. License required; rules; time credit. Noperson individual shall
174.22engage in or work at the business of a contracting high pressure pipefitter unless issued an
174.23individual contracting high pressure pipefitter license to do so by the departmentof Labor
174.24and Industry under rules adopted by the board. No license shall be required for repairs
174.25on existing installations. Noperson individual shall engage in or work at the business of
174.26journeyman pipefitter unless issued an individual journeyman high pressure pipefitter
174.27competency license to do so by the departmentof Labor and Industry under rules adopted
174.28by the board. A person possessing an individual contracting high pressure pipefitter
174.29competency license may also work as a journeyman high pressure pipefitter.
174.30 No person, partnership, firm, or corporation shall construct or install high pressure
174.31piping, nor install high pressure piping in connection with the dealing in and selling
174.32of high pressure pipe material and supplies, unless, at all times,a person an individual
174.33possessing a contracting high pressure pipefitter individual competency license or a
174.34journeyman high pressure pipefitter individual competency license is responsible for
175.1ensuring that the high pressure pipefitting workconducted by the person, partnership, firm,
175.2or corporation being is in conformity with Minnesota Statutes and Minnesota Rules.
175.3 Thedepartment of Labor and Industry board shall prescribe rules, not inconsistent
175.4herewith, for the examination and individual competency licensing of contracting high
175.5pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
175.6by the department and municipalities for the installation of high pressure piping.
175.7 An employee performing the duties of inspector for the departmentof Labor and
175.8Industry in regulating pipefitting shall not receive time credit for the inspection duties
175.9when making an application for a license required by this section.
175.10 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
175.11for high pressure piping work, a person, partnership, firm, or corporation must obtain or
175.12utilize a business with a high pressure piping business license.
175.13 A person, partnership, firm, or corporation must have at all times as a full-time
175.14employee at least one individual holding an individual contracting high pressure pipefitter
175.15competency license. Only full-time employees who hold individual contracting high
175.16pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
175.17name of the business. The individual contracting high pressure pipefitter competency
175.18license holder can be the employee of only one high pressure piping business at a time.
175.19 To retain its business license without reapplication, a person, partnership, firm,
175.20or corporation holding a high pressure piping business license that ceases to employ a
175.21person an individual holding an individual contracting high pressure pipefitter competency
175.22license shall have 60 days from the last day of employment of its previous individual
175.23contracting pipefitter competency license holder to employ another license holder. The
175.24departmentof Labor and Industry must be notified no later than five days after the last day
175.25of employment of the previous license holder.
175.26 No high pressure pipefitting work may be performed during any period when the
175.27high pressure pipefitting business does not have an individual contracting high pressure
175.28pipefitter competency license holder on staff. If a license holder is not employed within
175.2960 days after the last day of employment of the previous license holder, the pipefitting
175.30business license shall lapse.
175.31 Thedepartment of Labor and Industry board shall prescribe by rule procedures for
175.32application for and issuance of business licensesand fees.
175.33 Subd. 2a. Registration requirement. All unlicensed individuals, other than
175.34pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure
175.35piping business shall employ an unlicensed individual to assist in the practical construction
175.36and installation of high pressure piping and appurtenances unless the unlicensed individual
176.1is registered with the department. A pipefitter apprentice or registered unlicensed
176.2individual employed by a high pressure piping business may assist in the practical
176.3construction and installation of high pressure piping and appurtenances only while under
176.4direct supervision of a licensed individual contracting high pressure pipefitter or licensed
176.5journeyman high pressure pipefitter employed by the same high pressure piping business.
176.6The licensed individual contracting high pressure pipefitter or licensed journeyman high
176.7pressure pipefitter shall supervise no more than two pipefitter apprentices or registered
176.8unlicensed individuals. The licensed individual contracting high pressure pipefitter or
176.9journeyman high pressure pipefitter is responsible for ensuring that all high pressure
176.10piping work performed by the pipefitter apprentice or registered unlicensed individual
176.11complies with Minnesota Statutes and Minnesota Rules.
176.12 Subd. 2b. Registration with commissioner. An unlicensed individual may
176.13register to assist in the practical construction and installation of high pressure piping
176.14and appurtenances while in the employ of a licensed high pressure piping business by
176.15completing and submitting to the commissioner a registration form provided by the
176.16commissioner. The Board of High Pressure Piping Systems may prescribe rules, not
176.17inconsistent with this section, for the registration of unlicensed individuals.
176.18 An unlicensed individual applying for initial registration shall pay the department an
176.19application fee of $50. Applications for initial registration may be submitted at any time.
176.20Registration must be renewed annually and shall be valid for one calendar year beginning
176.21January 1. Applications for renewal registration must be submitted to the commissioner
176.22before December 31 of each registration period on forms provided by the commissioner,
176.23and must be accompanied by a fee of $50. There shall be no refund of fees paid.
176.24 Subd. 3. Bond.The As a condition of licensing, each applicant for a high pressure
176.25piping business license or renewal shall give bond to the state in the totalpenal sum of
176.26$15,000 conditioned upon the faithful and lawful performance of all workentered upon
176.27contracted for or performed within the state. The bond shall run to and be for the benefit of
176.28persons injured or suffering financial loss by reason of failure of payment or performance.
176.29Claims and actions on the bond may be brought according to sections574.26 to
574.38 .
176.30 The term of the bond must be concurrent with the term of the high pressure
176.31pipefitting business license and run without interruption from the date of the issuance of
176.32the license to the end of the calendar year. All high pressure pipefitting business licenses
176.33must be annually renewed on a calendar year basis.
176.34 The bond must be filed with the departmentof Labor and Industry and shall be
176.35in lieu of any other business license bonds required by any political subdivision for
177.1high pressure pipefitting. The bond must be written by a corporate surety licensed to
177.2do business in the state.
177.3 Subd. 4. Insurance. In addition to the bond described in subdivision 3, each
177.4applicant for a high pressure pipefitting business license or renewal shall have in force
177.5public liability insurance, including products liability insurance, with limits of at least
177.6$100,000 per person and $300,000 per occurrence and property damage insurance with
177.7limits of at least $50,000.
177.8 The insurance must be kept in force for the entire term of the high pressure
177.9pipefitting business license, and the license shall be suspended by the department if at any
177.10time the insurance is not in force.
177.11 The insurance must be written by an insurer licensed to do business in the state and
177.12shall be in lieu of any other insurance required by any subdivision of government for
177.13high pressure pipefitting. Each person, partnership, firm, or corporation holding a high
177.14pressure pipefitting business license shall maintain on file with the department a certificate
177.15evidencing the insurance. Any purported cancellation of insurance shall not be effective
177.16without the insurer first giving 30 days' written notice to the department.
177.17 Subd. 5. License fee. Thestate department of Labor and Industry may shall charge
177.18each applicant for a high pressure pipefitting business license or for a renewal of a high
177.19pressure pipefitting business license and an additional fee commensurate with the cost of
177.20administering the bond and insurance requirements of subdivisions 3 and 4. the following
177.21license fees:
177.22 (a) application for journeyman high pressure piping pipefitter competency license,
177.23$120;
177.24 (b) renewal of journeyman high pressure piping pipefitter competency license, $80;
177.25 (c) application for contracting high pressure piping pipefitter competency license,
177.26$270;
177.27 (d) renewal of contracting high pressure piping pipefitter competency license, $240;
177.28 (e) application for high pressure piping business license, $450;
177.29 (f) application to inactivate a contracting high pressure piping pipefitter competency
177.30license or inactivate a journeyman high pressure piping pipefitter competency license,
177.31$40; and
177.32 (g) renewal of an inactive contracting high pressure piping pipefitter competency
177.33license or inactive journeyman high pressure piping pipefitter competency license, $40.
177.34 If an application for renewal of an active or inactive journeyman high pressure
177.35piping pipefitter competency license or active or inactive contracting high pressure piping
178.1competency license is received by the department after the date of expiration of the
178.2license, a $30 late renewal fee shall be added to the license renewal fee.
178.3 Payment must accompany the application for a license or renewal of a license. There
178.4shall be no refund of fees paid.
178.5EFFECTIVE DATE.This section is effective December 1, 2007, except that
178.6subdivisions 2a, 2b, and 5 are effective July 1, 2007.
178.7 Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
178.8326.50 LICENSE APPLICATION; FEES AND RENEWAL.
178.9 Application for an individual contracting high pressure pipefitter competency or an
178.10individual journeyman high pressure pipefitter competency license shall be made to the
178.11departmentof Labor and Industry, with fees. The applicant shall be licensed only after
178.12passing an examination developed and administered by the departmentof Labor and
178.13Industry in accordance with rules adopted by the board. A competency license issued by
178.14the department shall expire on December 31 of each year. A renewal application must be
178.15received by the department within one year after expiration of the competency license. A
178.16license that has been expired for more than one year cannot be renewed, and can only be
178.17reissued if the applicant submits a new application for the competency license, pays a new
178.18application fee, and retakes and passes the applicable license examination.
178.19 Sec. 10. [326.505] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
178.20 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems
178.21shall consist of 12 members. Eleven members shall be appointed by the governor with
178.22the advice and consent of the senate and shall be voting members. Appointments of
178.23members by the governor shall be made in accordance with section 15.066. If the senate
178.24votes to refuse to consent to an appointment of a member made by the governor, the
178.25governor shall appoint a new member with the advice and consent of the senate. One
178.26member shall be the commissioner of labor and industry or the commissioner of labor and
178.27industry's designee, who shall be a voting member. Of the 11 appointed members, the
178.28composition shall be as follows:
178.29 (1) one member shall be a high pressure piping inspector;
178.30 (2) one member shall be a licensed mechanical engineer;
178.31 (3) one member shall be a representative of the high pressure piping industry;
178.32 (4) four members shall be high pressure piping contractors engaged in the scope of
178.33high pressure piping, two from the metropolitan area and two from greater Minnesota;
179.1 (5) two members shall be high pressure piping journeymen engaged in the scope
179.2of high pressure piping systems installation, one from the metropolitan area and one
179.3from greater Minnesota;
179.4 (6) one member shall be a representative of industrial companies that use high
179.5pressure piping systems in their industrial process; and
179.6 (7) one member shall be a representative from utility companies in Minnesota.
179.7 The high pressure piping inspector shall be appointed for a term to end December
179.831, 2011. The professional mechanical engineer shall be appointed for a term to end
179.9December 31, 2010. The representative of the high pressure piping industry shall be
179.10appointed for a term to end December 31, 2011. Two of the high pressure piping
179.11contractors shall be appointed for a term to end December 31, 2011. The other two high
179.12pressure piping contractors shall be appointed for a term to end December 31, 2010. One
179.13of the high pressure piping journeymen shall be appointed for a term to end December 31,
179.142011. The other high pressure piping journeyman shall be appointed for a term to end
179.15December 31, 2010. The one representative of industrial companies that use high pressure
179.16piping systems in their industrial process shall be appointed for a term to end December
179.1731, 2010. The one representative of a utility company in Minnesota shall be appointed for
179.18a term to end December 31, 2010.
179.19 (b) The licensed professional mechanical engineer must possess a current Minnesota
179.20professional engineering license and maintain the license for the duration of their term.
179.21All other appointed members, except for the representative of the piping industry, the
179.22representative of industrial companies that use high pressure piping systems, and the
179.23representative of public utility companies in Minnesota, must possess a current high
179.24pressure piping license issued by the Department of Labor and Industry and maintain
179.25that license for the duration of their term. All appointed members must be residents of
179.26Minnesota at the time of and throughout the member's appointment. The term of any
179.27appointed member that does not maintain membership qualification status shall end on the
179.28date of status change and the governor shall appoint a new member. It is the responsibility
179.29of the member to notify the board of the member's status change.
179.30 (c) For appointed members, except the initial terms designated in paragraph (a), each
179.31term shall be three years with the terms ending on December 31. Members appointed by
179.32the governor shall be limited to three consecutive terms. The governor shall, all or in part,
179.33reappoint the current members or appoint replacement members with the advice and
179.34consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
179.35term. Vacancies occurring with less than six months time remaining in the term shall be
179.36filled for the existing term and the following three-year term. Members may serve until
180.1their successors are appointed but in no case later than July 1 in a year in which the term
180.2expires unless reappointed.
180.3 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
180.4power to:
180.5 (1) elect its chair, vice-chair, and secretary;
180.6 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
180.7and containing such other provisions as may be useful and necessary for the efficient
180.8conduct of the business of the board;
180.9 (3) adopt the high pressure piping code that must be followed in this state and any
180.10high pressure piping code amendments thereto. The board shall adopt the high pressure
180.11piping code and any amendments thereto pursuant to chapter 14, and as provided in
180.12subdivision 6, paragraphs (b), (c), and (d);
180.13 (4) review requests for final interpretations and issue final interpretations as provided
180.14in section 16B.63, subdivision 5;
180.15 (5) except for rules regulating continuing education, adopt rules that regulate the
180.16licensure or registration of high pressure piping contractors, journeymen, and other
180.17persons engaged in the design, installation, and alteration of high pressure piping systems,
180.18except for those individuals licensed under section 326.02, subdivisions 2 and 3. The
180.19board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
180.206, paragraphs (e) and (f);
180.21 (6) advise the commissioner regarding educational requirements for high pressure
180.22piping inspectors;
180.23 (7) refer complaints or other communications to the commissioner, whether oral or
180.24written, as provided in subdivision 7 that alleges or implies a violation of a statute, rule, or
180.25order that the commissioner has the authority to enforce pertaining to code compliance,
180.26licensure, or an offering to perform or performance of unlicensed high pressure piping
180.27services;
180.28 (8) approve per diem and expenses deemed necessary for its members as provided in
180.29subdivision 3;
180.30 (9) select from its members individuals to serve on any other state advisory council,
180.31board, or committee;
180.32 (10) recommend the fees for licenses and certifications; and
180.33 (11) approve license reciprocity agreements.
180.34 Except for the powers granted to the Plumbing Board, Board of Electricity, and the
180.35Board of High Pressure Piping, the commissioner of labor and industry shall administer
180.36and enforce the provisions of this chapter and any rules promulgated pursuant thereto.
181.1 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
181.2 (c) The commissioner shall coordinate the board's rulemaking and recommendations
181.3with the recommendations and rulemaking conducted by the other boards created pursuant
181.4to chapter 326B. The commissioner shall provide staff support to the board. The support
181.5includes professional, legal, technical, and clerical staff necessary to perform rulemaking
181.6and other duties assigned to the board. The commissioner of labor and industry shall
181.7supply necessary office space and supplies to assist the board in its duties.
181.8 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
181.9of $55 a day spent on board activities, when authorized by the board, plus expenses in
181.10the same manner and amount as authorized by the commissioner's plan adopted under
181.11section 43A.18, subdivision 2. Members who, as a result of time spent attending board
181.12meetings, incur child care expenses that would not otherwise have been incurred, may be
181.13reimbursed for those expenses upon board authorization.
181.14 (b) Members who are state employees or employees of the political subdivisions
181.15of the state must not receive the daily payment for activities that occur during working
181.16hours for which they are compensated by the state or political subdivision. However, a
181.17state or political subdivision employee may receive the daily payment if the employee
181.18uses vacation time or compensatory time accumulated in accordance with a collective
181.19bargaining agreement or compensation plan for board activities. Members who are state
181.20employees or employees of the political subdivisions of the state may receive the expenses
181.21provided for in this subdivision unless the expenses are reimbursed by another source.
181.22Members who are state employees or employees of political subdivisions of the state
181.23may be reimbursed for child care expenses only for time spent on board activities that
181.24are outside their working hours.
181.25 (c) The board shall adopt internal standards prescribing what constitutes a day spent
181.26on board activities for purposes of making daily payments under this subdivision.
181.27 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
181.28removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
181.29missing three consecutive meetings. The chair of the board shall inform the governor of an
181.30appointed member missing the three consecutive meetings. After the second consecutive
181.31missed meeting and before the next meeting, the secretary of the board shall notify the
181.32appointed member in writing that the member may be removed for missing the next
181.33meeting. In the case of a vacancy on the board, the governor shall, with the advice
181.34and consent of the senate, appoint a person to fill the vacancy for the remainder of the
181.35unexpired term.
181.36 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
182.1 Subd. 5. Membership vacancies within three months of appointment.
182.2 Notwithstanding any law to the contrary, when a membership on the board becomes
182.3vacant within three months after being filled through the appointments process, the
182.4governor may, upon notification to the Office of Secretary of State, choose a new member
182.5from the applications on hand and need not repeat the process.
182.6 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
182.7members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
182.8majority of members of the board qualified to vote on the matter in question. All questions
182.9concerning the manner in which a meeting is conducted or called that is not covered
182.10by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
182.11specified by the bylaws.
182.12 (b) Except as provided in paragraph (c), each high pressure piping code amendment
182.13considered by the board that receives an affirmative two-thirds or more majority vote of
182.14all the voting members of the board shall be included in the next high pressure piping code
182.15rulemaking proceeding initiated by the board. If a high pressure piping code amendment
182.16considered, or reconsidered, by the board receives less than a two-thirds majority vote
182.17of all the voting members of the board, the high pressure piping code amendment shall
182.18not be included in the next high pressure piping code rulemaking proceeding initiated
182.19by the board.
182.20 (c) If the high pressure piping code amendment considered by the board is to replace
182.21the Minnesota High Pressure Piping Code with a model high pressure piping code, then
182.22the amendment may only be included in the next high pressure piping code rulemaking
182.23proceeding if it receives an affirmative two-thirds or more majority vote of all the voting
182.24members of the board.
182.25 (d) The board may reconsider high pressure piping code amendments during
182.26an active high pressure piping code rulemaking proceeding in which the amendment
182.27previously failed to receive a two-thirds majority vote or more of all the voting members
182.28of the board only if new or updated information that affects the high pressure piping code
182.29amendment is presented to the board. The board may also reconsider failed high pressure
182.30piping code amendments in subsequent high pressure piping code rulemaking proceedings.
182.31 (e) Each proposed rule and rule amendment considered by the board pursuant to the
182.32rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
182.33affirmative majority vote of all the voting members of the board shall be included in the
182.34next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
182.35considered, or reconsidered, by the board receives less than an affirmative majority vote of
183.1all the voting members of the board, the proposed rule or rule amendment shall not be
183.2included in the next rulemaking proceeding initiated by the board.
183.3 (f) The board may reconsider the proposed rule or rule amendment during an
183.4active rulemaking proceeding in which the amendment previously failed to receive an
183.5affirmative majority vote of all the voting members of the board only if new or updated
183.6information that affects the proposed rule or rule amendment is presented to the board.
183.7The board may also reconsider failed proposed rules or rule amendments in subsequent
183.8rulemaking proceedings.
183.9 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
183.10board shall specify. Notice and conduct of all meetings shall be pursuant to Minnesota
183.11Statutes, chapter 13D, and in such a manner as the bylaws may provide.
183.12 (b) If compliance with section 13D.02 is impractical, the board may conduct a
183.13meeting of its members by telephone or other electronic means so long as the following
183.14conditions are met:
183.15 (1) all members of the board participating in the meeting, wherever their physical
183.16location, can hear one another and can hear all discussion and testimony;
183.17 (2) members of the public present at the regular meeting location of the board can
183.18hear clearly all discussion and testimony and all votes of members of the board and, if
183.19needed, receive those services required by sections 15.44 and 15.441;
183.20 (3) at least one member of the board is physically present at the regular meeting
183.21location; and
183.22 (4) all votes are conducted by roll call, so each member's vote on each issue can be
183.23identified and recorded.
183.24 Each member of the board participating in a meeting by telephone or other electronic
183.25means is considered present at the meeting for purposes of determining a quorum and
183.26participating in all proceedings.
183.27 If telephone or other electronic means is used to conduct a regular, special, or
183.28emergency meeting, the board, to the extent practical, shall allow a person to monitor
183.29the meeting electronically from a remote location. The board may require the person
183.30making such a connection to pay for documented costs that the board incurs as a result of
183.31the additional connection.
183.32 If telephone or other electronic means is used to conduct a regular, special, or
183.33emergency meeting, the board shall provide notice of the regular meeting location, of the
183.34fact that some members may participate by telephone or other electronic means, and that
183.35a person may monitor the meeting electronically from a remote location. Any person
183.36monitoring the meeting electronically from a remote location may be required to pay
184.1documented costs incurred by the board as a result of the additional connection. The
184.2timing and method of providing notice is governed by section 13D.04.
184.3 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
184.4the substance of any complaint or communication it receives, whether written or oral,
184.5that alleges or implies a violation of a statute, rule, or order that the commissioner has
184.6the authority to enforce pertaining to the license or registration of any person authorized
184.7by the department to provide high pressure piping services, the performance or offering
184.8to perform high pressure piping services requiring licensure by an unlicensed person, or
184.9high pressure code compliance. Each complaint or communication that is forwarded to the
184.10commissioner shall be submitted on a form provided by the commissioner.
184.11 (b) The commissioner shall advise the board of the status of the complaint within 90
184.12days after the board's written submission is received, or within 90 days after the board
184.13is provided with a written request for additional information or documentation from the
184.14commissioner or the commissioner's designee, whichever is later. The commissioner shall
184.15advise the board of the disposition of a complaint referred by the board within 180 days
184.16after the board's written submission is received. The commissioner shall annually report to
184.17the board a summary of the actions taken in response to complaints referred by the board.
184.18 Subd. 9. Data practices act. The board is subject to Minnesota Statutes, chapter 13,
184.19the Minnesota Government Data Practices Act, and shall protect from unlawful disclosure
184.20data classified as not public.
184.21 Subd. 10. Official records. The board shall make and preserve all records necessary
184.22to a full and accurate knowledge of its official activities in accordance with section 15.17.
184.23EFFECTIVE DATE.This section is effective July 1, 2007.
184.24 Sec. 11. REVISOR'S INSTRUCTION.
184.25 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
184.26column A with the number listed in column B. The revisor shall also make necessary
184.27cross-reference changes consistent with the renumbering.
185.3 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
185.4178.01 PURPOSES.
185.5 The purposes of this chapter are: to open to young people regardless of race, sex,
185.6creed, color or national origin, the opportunity to obtain training that will equip them for
185.7profitable employment and citizenship; to establish as a means to this end, a program
185.8of voluntary apprenticeship under approved apprentice agreements providing facilities
185.9for their training and guidance in the arts, skills, and crafts of industry and trade, with
185.10concurrent, supplementary instruction in related subjects; to promote employment
185.11opportunities under conditions providing adequate training and reasonable earnings;
185.12to relate the supply of skilled workers to employment demands; to establish standards
185.13for apprentice training; to establish an ApprenticeshipAdvisory Council Board and
185.14apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
185.15for a Division of Labor Standards and Apprenticeship within the Department of Labor
185.16and Industry; to provide for reports to the legislature regarding the status of apprentice
185.17training in the state; to establish a procedure for the determination of apprentice agreement
185.18controversies; and to accomplish related ends.
185.19 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
185.20178.02 APPRENTICESHIPADVISORY COUNCIL BOARD.
185.21 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
185.22called the commissioner, shall appoint an ApprenticeshipAdvisory Council Board,
185.23hereinafter referred to as thecouncil board, composed of three representatives each from
185.24employer and employee organizations, and two representatives of the general public. The
185.25director of education responsible for career and technical education or designee shall be an
185.26ex officio member of thecouncil board and shall serve in an advisory capacity only.
185.27 Subd. 2. Terms. Thecouncil board shall expire and the terms, compensation, and
185.28removal of appointed members shall be as provided in section15.059 , except that the
185.29council shall not expire before June 30, 2003.
185.30 Subd. 4. Duties. Thecouncil board shall meet at the call of the commissioner. It
185.31shall propose occupational classifications for apprenticeship programs; propose minimum
185.32standards for apprenticeship programs and agreements; and advise on the establishment
186.1of such policies, procedures, and rules as thecommissioner board deems necessary in
186.2implementing the intent of this chapter.
186.3 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
186.4 Subd. 3. Duties and functions. The director, under the supervision of the
186.5commissioner, and with the advice and consultation of the ApprenticeshipAdvisory
186.6Council Board, is authorized: to administer the provisions of this chapter; to promote
186.7apprenticeship and other forms of on the job training; to establish, in cooperation and
186.8consultation with the ApprenticeshipAdvisory Council Board and with the apprenticeship
186.9committees, conditions and training standards for the approval of apprenticeship programs
186.10and agreements, which conditions and standards shall in no case be lower than those
186.11prescribed by this chapter; to promote equal employment opportunity in apprenticeship
186.12and other on the job training and to establish a Minnesota plan for equal employment
186.13opportunity in apprenticeship which shall be consistent with standards established
186.14under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
186.15registration to sponsors of approved apprenticeship programs; to act as secretary of the
186.16ApprenticeshipAdvisory Council Board; to approve, if of the opinion that approval is
186.17for the best interest of the apprentice, any apprenticeship agreement which meets the
186.18standards established hereunder; to terminate any apprenticeship agreement in accordance
186.19with the provisions of such agreement; to keep a record of apprenticeship agreements and
186.20their disposition; to issue certificates of completion of apprenticeship; and to perform
186.21such other duties as the commissioner deems necessary to carry out the intent of this
186.22chapter; provided, that the administration and supervision of supplementary instruction in
186.23related subjects for apprentices; coordination of instruction on a concurrent basis with
186.24job experiences, and the selection and training of teachers and coordinators for such
186.25instruction shall be the function of state and local boards responsible for vocational
186.26education. The director shall have the authority to make wage determinations applicable
186.27to the graduated schedule of wages and journeyman wage rate for apprenticeship
186.28agreements, giving consideration to the existing wage rates prevailing throughout the
186.29state, except that no wage determination by the director shall alter an existing wage
186.30provision for apprentices or journeymen that is contained in a bargaining agreement in
186.31effect between an employer and an organization of employees, nor shall the director
186.32make any determination for the beginning rate for an apprentice that is below the wage
186.33minimum established by federal or state law.
186.34 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
187.1 Subdivision 1. Rules. The commissioner may, upon receipt of thecouncil's board's
187.2proposals, accept, adopt, and issue them by rule with any modifications or amendments
187.3the commissioner finds appropriate. The commissioner may refer them back to the
187.4council board with recommendations for further study, consideration and revision. If
187.5the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
187.6a board proposal, the commissioner must provide a written explanation of the reason
187.7for the refusal to the board within 30 days after the board submitted the proposal to the
187.8commissioner. Additional rules may be issued as the commissioner may deem necessary.
187.11 Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
187.1231.175 WATER, PLUMBING, AND SEWAGE.
187.13 A person who is required by statutes administered by the Department of Agriculture,
187.14or by rules adopted pursuant to those statutes, to provide a suitable water supply, or
187.15plumbing or sewage disposal system, may not engage in the business of manufacturing,
187.16processing, selling, handling, or storing food at wholesale or retail unless the person's
187.17water supply is satisfactory under plumbing codes adopted by the Department ofHealth
187.18Labor and Industry and the person's sewage disposal system satisfies the rules of the
187.19Pollution Control Agency.
187.20 Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
187.21 Subd. 3. Construction requirements. (a) Withdrawal and reinjection for the
187.22groundwater thermal exchange device must be accomplished by a closed system in which
187.23the waters drawn for thermal exchange do not have contact or commingle with water
187.24from other sources or with polluting material or substances. The closed system must be
187.25constructed to allow an opening for inspection by the commissioner.
187.26 (b) Wells that are part of a groundwater thermal exchange system may not serve
187.27another function, except water may be supplied to the domestic water system if:
187.28 (1) the supply is taken from the thermal exchange system ahead of the heat exchange
187.29unit; and
187.30 (2) the domestic water system is protected by an airgap or backflow prevention
187.31device as described in rules relating to plumbing enforced by the commissioner of labor
187.32and industry.
188.1 (c) A groundwater thermal exchange system may be used for domestic water heating
188.2only if the water heating device is an integral part of the heat exchange unit that is used for
188.3space heating and cooling.
188.4 Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
188.5144.122 LICENSE, PERMIT, AND SURVEY FEES.
188.6 (a) The state commissioner of health, by rule, may prescribe procedures and fees
188.7for filing with the commissioner as prescribed by statute and for the issuance of original
188.8and renewal permits, licenses, registrations, and certifications issued under authority of
188.9the commissioner. The expiration dates of the various licenses, permits, registrations,
188.10and certifications as prescribed by the rules shall be plainly marked thereon. Fees may
188.11include application and examination fees and a penalty fee for renewal applications
188.12submitted after the expiration date of the previously issued permit, license, registration,
188.13and certification. The commissioner may also prescribe, by rule, reduced fees for permits,
188.14licenses, registrations, and certifications when the application therefor is submitted
188.15during the last three months of the permit, license, registration, or certification period.
188.16Fees proposed to be prescribed in the rules shall be first approved by the Department of
188.17Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
188.18in an amount so that the total fees collected by the commissioner will, where practical,
188.19approximate the cost to the commissioner in administering the program. All fees collected
188.20shall be deposited in the state treasury and credited to the state government special revenue
188.21fund unless otherwise specifically appropriated by law for specific purposes.
188.22 (b) The commissioner may charge a fee for voluntary certification of medical
188.23laboratories and environmental laboratories, and for environmental and medical laboratory
188.24services provided by the department, without complying with paragraph (a) or chapter 14.
188.25Fees charged for environment and medical laboratory services provided by the department
188.26must be approximately equal to the costs of providing the services.
188.27 (c) The commissioner may develop a schedule of fees for diagnostic evaluations
188.28conducted at clinics held by the services for children with disabilities program. All
188.29receipts generated by the program are annually appropriated to the commissioner for use
188.30in the maternal and child health program.
188.31 (d) The commissioner shall set license fees for hospitals and nursing homes that are
188.32not boarding care homes at the following levels:
189.7 The commissioner shall set license fees for outpatient surgical centers, boarding care
189.8homes, and supervised living facilities at the following levels:
189.12 (e) Unless prohibited by federal law, the commissioner of health shall charge
189.13applicants the following fees to cover the cost of any initial certification surveys required
189.14to determine a provider's eligibility to participate in the Medicare or Medicaid program:
189.33 These fees shall be submitted at the time of the application for federal certification
189.34and shall not be refunded. All fees collected after the date that the imposition of fees is not
189.35prohibited by federal law shall be deposited in the state treasury and credited to the state
189.36government special revenue fund.
189.37(f) The commissioner shall charge the following fees for examinations, registrations,
189.38licenses, and inspections:
190.16EFFECTIVE DATE.This section is effective July 1, 2007.
190.17 Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
190.18 Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
190.19sections115.71 to
115.77 ;
144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
190.20(13), (14), and (15) ;
144.1201 to
144.1204 ;
144.121 ;
144.1222 ;
144.35 ;
144.381 to
190.21144.385
;
144.411 to
144.417 ;
144.495 ;
144.71 to
144.74 ;
144.9501 to
144.9509 ;
144.992 ;
190.22326.37
to
326.45;
326.57326.785 ;
327.10 to
327.131 ; and
327.14 to
327.28 and
190.23all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
190.24registrations, certificates, and permits adopted or issued by the department or under any
190.25other law now in force or later enacted for the preservation of public health may, in
190.26addition to provisions in other statutes, be enforced under this section.
190.27 Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
190.28 Subdivision 1. Established. The Department of Labor and Industry shall consist
190.29of the following divisions: Division of Workers' Compensation, Division ofBoiler
190.30Inspection Construction Codes and Licensing, Division of Occupational Safety and
190.31Health, Division of Statistics,Division of Steamfitting Standards, Division of Labor
190.32Standards and Apprenticeship, and such other divisions as the commissioner of the
190.33Department of Labor and Industry may deem necessary and establish. Each division of
190.34the department and persons in charge thereof shall be subject to the supervision of the
190.35commissioner of the Department of Labor and Industry and, in addition to such duties
190.36as are or may be imposed on them by statute, shall perform such other duties as may be
191.1assigned to them by the commissioner. Notwithstanding any other law to the contrary,
191.2the commissioner is the administrator and supervisor of all of the department's dispute
191.3resolution functions and personnel and may delegate authority to compensation judges
191.4and others to make determinations under sections176.106 ,
176.238 , and
176.239 and to
191.5approve settlement of claims under section176.521 .
191.6 Sec. 6. Minnesota Statutes 2006, section 214.01, subdivision 3, is amended to read:
191.7 Subd. 3. Non-health-related licensing board. "Non-health-related licensing
191.8board" means the Board of Teaching established pursuant to section122A.07 , the Board
191.9of Barber Examiners established pursuant to section154.001 , the Board of Assessors
191.10established pursuant to section270.41 , the Board of Architecture, Engineering, Land
191.11Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant
191.12to section326.04 , the Board of Electricity established pursuant to section
326.241, the
191.13Private Detective and Protective Agent Licensing Board established pursuant to section
191.14326.33
, the Board of Accountancy established pursuant to section
326A.02 , and the Peace
191.15Officer Standards and Training Board established pursuant to section626.841 .
191.16 Sec. 7. Minnesota Statutes 2006, section 214.04, subdivision 1, is amended to read:
191.17 Subdivision 1. Services provided. (a) Thecommissioner of administration with
191.18respect to the Board of Electricity; the commissioner of education with respect to the
191.19Board of Teaching; the commissioner of public safety with respect to the Board of Private
191.20Detective and Protective Agent Services; the panel established pursuant to section
191.21299A.465, subdivision 7
; the Board of Peace Officer Standards and Training; and the
191.22commissioner of revenue with respect to the Board of Assessors, shall provide suitable
191.23offices and other space, joint conference and hearing facilities, examination rooms, and
191.24the following administrative support services: purchasing service, accounting service,
191.25advisory personnel services, consulting services relating to evaluation procedures and
191.26techniques, data processing, duplicating, mailing services, automated printing of license
191.27renewals, and such other similar services of a housekeeping nature as are generally
191.28available to other agencies of state government. Investigative services shall be provided
191.29the boards by employees of the Office of Attorney General. The commissioner of health
191.30with respect to the health-related licensing boards shall provide mailing and office supply
191.31services and may provide other facilities and services listed in this subdivision at a
191.32central location upon request of the health-related licensing boards. The commissioner of
191.33commerce with respect to the remaining non-health-related licensing boards shall provide
191.34the above facilities and services at a central location for the remaining non-health-related
192.1licensing boards. The legal and investigative services for the boards shall be provided
192.2by employees of the attorney general assigned to the departments servicing the boards.
192.3Notwithstanding the foregoing, the attorney general shall not be precluded by this section
192.4from assigning other attorneys to service a board if necessary in order to insure competent
192.5and consistent legal representation. Persons providing legal and investigative services
192.6shall to the extent practicable provide the services on a regular basis to the same board
192.7or boards.
192.8 (b) The requirements in paragraph (a) with respect to the panel established in section
192.9299A.465, subdivision 7
, expire July 1, 2008.
192.10 Sec. 8. Minnesota Statutes 2006, section 214.04, subdivision 3, is amended to read:
192.11 Subd. 3. Officers; staff. The executive director of each health-related board and
192.12the executive secretary of each non-health-related board shall be the chief administrative
192.13officer for the board but shall not be a member of the board. The executive director or
192.14executive secretary shall maintain the records of the board, account for all fees received
192.15by it, supervise and direct employees servicing the board, and perform other services as
192.16directed by the board. The executive directors, executive secretaries, and other employees
192.17of the following boards shall be hired by the board, and the executive directors or executive
192.18secretaries shall be in the unclassified civil service, except as provided in this subdivision:
192.19 (1) Dentistry;
192.20 (2) Medical Practice;
192.21 (3) Nursing;
192.22 (4) Pharmacy;
192.23 (5) Accountancy;
192.24 (6) Architecture, Engineering, Land Surveying, Landscape Architecture,
192.25Geoscience, and Interior Design;
192.26 (7) Barber Examiners;
192.27 (8) Cosmetology;
192.28(9) Electricity;
192.29(10) (9) Teaching;
192.30(11) (10) Peace Officer Standards and Training;
192.31(12) (11) Social Work;
192.32(13) (12) Marriage and Family Therapy;
192.33(14) (13) Dietetics and Nutrition Practice; and
192.34(15) (14) Licensed Professional Counseling.
193.1 The executive directors or executive secretaries serving the boards are hired by those
193.2boards and are in the unclassified civil service, except for part-time executive directors
193.3or executive secretaries, who are not required to be in the unclassified service. Boards
193.4not requiring full-time executive directors or executive secretaries may employ them on
193.5a part-time basis. To the extent practicable, the sharing of part-time executive directors
193.6or executive secretaries by boards being serviced by the same department is encouraged.
193.7Persons providing services to those boards not listed in this subdivision, except executive
193.8directors or executive secretaries of the boards and employees of the attorney general, are
193.9classified civil service employees of the department servicing the board. To the extent
193.10practicable, the commissioner shall ensure that staff services are shared by the boards
193.11being serviced by the department. If necessary, a board may hire part-time, temporary
193.12employees to administer and grade examinations.
193.13 Sec. 9. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
193.14 Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
193.15license under sections326.83 to
326.98 shall pay a fee to the contractor's recovery fund.
193.16The contractor's recovery fund is created in the state treasury and must be administered
193.17by the commissioner in the manner and subject to all the requirements and limitations
193.18provided by section82.43 with the following exceptions:.
193.19(1) each licensee who renews a license shall pay in addition to the appropriate
193.20renewal fee an additional fee which shall be credited to the contractor's recovery fund. The
193.21amount of the fee shall be based on the licensee's gross annual receipts for the licensee's
193.22most recent fiscal year preceding the renewal, on the following scale:
193.27Any person who receives a new license shall pay a fee based on the same scale;
193.28(2) (1) The purpose of this fund is:
193.29 (i) to compensate any aggrieved owner or lessee of residential property located
193.30within this state who obtains a final judgment in any court of competent jurisdiction
193.31against a licensee licensed under section326.84 , on grounds of fraudulent, deceptive, or
193.32dishonest practices, conversion of funds, or failure of performance arising directly out
193.33of any transaction when the judgment debtor was licensed and performed any of the
193.34activities enumerated under section326.83, subdivision 19 , on the owner's residential
193.35property or on residential property rented by the lessee, or on new residential construction
194.1which was never occupied prior to purchase by the owner, or which was occupied by the
194.2licensee for less than one year prior to purchase by the owner, and which cause of action
194.3arose on or after April 1, 1994; and
194.4 (ii) to reimburse the Department of Commerce for all legal and administrative
194.5expenses, including staffing costs, incurred in administering the fund;
194.6(3) (2) nothing may obligate the fund for more than $50,000 per claimant, nor more
194.7than $75,000 per licensee; and
194.8(4) (3) nothing may obligate the fund for claims based on a cause of action that
194.9arose before the licensee paid the recovery fund fee set in clause (1), or as provided in
194.10section326.945, subdivision 3 .
194.11 (b) Should the commissioner pay from the contractor's recovery fund any amount
194.12in settlement of a claim or toward satisfaction of a judgment against a licensee, the
194.13license shall be automatically suspended upon the effective date of an order by the court
194.14authorizing payment from the fund. No licensee shall be granted reinstatement until the
194.15licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
194.16paid from the fund on the licensee's account, and has obtained a surety bond issued by an
194.17insurer authorized to transact business in this state in the amount of at least $40,000.
194.18EFFECTIVE DATE.This section is effective July 1, 2007.
194.19 Sec. 10. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
194.20 Subdivision 1. Rules. No domestic animals or house pets of occupants of
194.21manufactured home parks or recreational camping areas shall be allowed to run at large,
194.22or commit any nuisances within the limits of a manufactured home park or recreational
194.23camping area. Each manufactured home park or recreational camping area licensed under
194.24the provisions of sections327.10 ,
327.11 ,
327.14 to
327.28 shall, among other things,
194.25provide for the following, in the manner hereinafter specified:
194.26 (1) A responsible attendant or caretaker shall be in charge of every manufactured
194.27home park or recreational camping area at all times, who shall maintain the park or
194.28area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
194.29manufactured home park containing more than 50 lots, the attendant, caretaker, or other
194.30responsible park employee, shall be readily available at all times in case of emergency.
194.31 (2) All manufactured home parks shall be well drained and be located so that the
194.32drainage of the park area will not endanger any water supply. No wastewater from
194.33manufactured homes or recreational camping vehicles shall be deposited on the surface of
194.34the ground. All sewage and other water carried wastes shall be discharged into a municipal
195.1sewage system whenever available. When a municipal sewage system is not available, a
195.2sewage disposal system acceptable to the state commissioner of health shall be provided.
195.3 (3) No manufactured home shall be located closer than three feet to the side lot lines
195.4of a manufactured home park, if the abutting property is improved property, or closer than
195.5ten feet to a public street or alley. Each individual site shall abut or face on a driveway
195.6or clear unoccupied space of not less than 16 feet in width, which space shall have
195.7unobstructed access to a public highway or alley. There shall be an open space of at least
195.8ten feet between the sides of adjacent manufactured homes including their attachments
195.9and at least three feet between manufactured homes when parked end to end. The space
195.10between manufactured homes may be used for the parking of motor vehicles and other
195.11property, if the vehicle or other property is parked at least ten feet from the nearest
195.12adjacent manufactured home position. The requirements of this paragraph shall not apply
195.13to recreational camping areas and variances may be granted by the state commissioner
195.14of health in manufactured home parks when the variance is applied for in writing and in
195.15the opinion of the commissioner the variance will not endanger the health, safety, and
195.16welfare of manufactured home park occupants.
195.17 (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
195.18manufactured home park or recreational camping area. The source of the water supply
195.19shall first be approved by the state Department of Health.
195.20 (5) All plumbing shall be installed in accordance with the rules of the state
195.21commissioner ofhealth labor and industry and the provisions of the Minnesota Plumbing
195.22Code.
195.23 (6) In the case of a manufactured home park with less than ten manufactured homes,
195.24a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
195.25the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
195.26The shelter or evacuation plan shall be developed with the assistance and approval of
195.27the municipality where the park is located and shall be posted at conspicuous locations
195.28throughout the park. The park owner shall provide each resident with a copy of the
195.29approved shelter or evacuation plan, as provided by section327C.01, subdivision 1c .
195.30Nothing in this paragraph requires the Department of Health to review or approve any
195.31shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
195.32submitted by a park shall not be grounds for action against the park by the Department of
195.33Health if the park has made a good faith effort to develop the plan and obtain municipal
195.34approval.
195.35 (7) A manufactured home park with ten or more manufactured homes, licensed prior
195.36to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
196.1evacuation of park residents to a safe place of shelter within a reasonable distance of the
196.2park for use by park residents in times of severe weather, including tornadoes and high
196.3winds. The shelter or evacuation plan must be approved by the municipality by March 1,
196.41989. The municipality may require the park owner to construct a shelter if it determines
196.5that a safe place of shelter is not available within a reasonable distance from the park. A
196.6copy of the municipal approval and the plan shall be submitted by the park owner to the
196.7Department of Health. The park owner shall provide each resident with a copy of the
196.8approved shelter or evacuation plan, as provided by section327C.01, subdivision 1c .
196.9 (8) A manufactured home park with ten or more manufactured homes, receiving
196.10a primary license after March 1, 1988, must provide the type of shelter required by
196.11section327.205 , except that for manufactured home parks established as temporary,
196.12emergency housing in a disaster area declared by the President of the United States or
196.13the governor, an approved evacuation plan may be provided in lieu of a shelter for a
196.14period not exceeding 18 months.
196.15 (9) For the purposes of this subdivision, "park owner" and "resident" have the
196.16meaning given them in section327C.01 .
196.17 Sec. 11. Minnesota Statutes 2006, section 327.205, is amended to read:
196.18327.205 SHELTER CONSTRUCTION STANDARDS.
196.19 The commissioner ofadministration labor and industry shall adopt, by rule,
196.20minimum standards for the construction of low cost manufactured home park storm
196.21shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be
196.22constructed in accordance with these standards.
196.23 Sec. 12. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
196.24 Subd. 2. Building standards. "Building standards" means the materials and
196.25installation standards of the State Building Code, adopted by the commissioner of
196.26administration labor and industry pursuant to sections
16B.59 to
16B.75 , in effect at
196.27the time of the construction or remodeling.
196.28 Sec. 13. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
196.29 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
196.30 (a) "Accessible unit" means an accessible rental housing unit that meets the
196.31disability facility persons with disabilities requirements of the State Building Code,
196.32Minnesota Rules, chapter 1340.
196.33 (b) "Landlord" has the meaning given it in section504B.001, subdivision 7 .
197.1 Sec. 14. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
197.2 Subd. 6a. Normal residential surroundings for disabled persons with
197.3disabilities. It is the policy of this state thatdisabled persons and children with disabilities
197.4should not be excluded by municipal zoning ordinances or other land use regulations from
197.5the benefits of normal residential surroundings. For purposes of subdivisions 6a through
197.69, "person" has the meaning given in section245A.02, subdivision 11 .
197.7 Sec. 15. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
197.8 Subd. 8. State Building Code. It may assist the commissioner ofadministration
197.9labor and industry in the development, implementation and revision ofa uniform the
197.10State Building Code.
197.11 Sec. 16. Minnesota Statutes 2006, section 471.465, is amended to read:
197.12471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS;
197.13DEFINITIONS.
197.14 Subdivision 1. Scope. For the purposes of sections471.465 to
471.469 , the terms
197.15defined in this section have the meanings given them.
197.16 Subd. 2. Buildings and facilities. "Buildings and facilities" means any and all
197.17buildings and facilities and the grounds appurtenant thereto within any city, township or
197.18other governmental subdivision of the state other than all farm dwellings and buildings
197.19and single and two family dwellings. However, on the date on which rules promulgated by
197.20the commissioner ofadministration labor and industry regarding building requirements for
197.21disabled persons with disabilities shall become effective, "buildings and facilities" shall
197.22mean only those structures which must provide facilities forthe disabled persons with
197.23disabilities pursuant to said rules.
197.24 Subd. 3.Physically disabled Persons with disabilities. "Physically disabled
197.25Persons with disabilities" means and includes people having sight disabilities, hearing
197.26disabilities, disabilities of incoordination, disabilities of aging, and any other disability
197.27that significantly reduces mobility, flexibility, coordination, or perceptiveness.
197.28 Subd. 4. Remodeling. "Remodeling" means deliberate reconstruction of an existing
197.29building or facility in whole or in part in order to bring it up to date to conform with
197.30present uses of the structure and to conform with rules and regulations on the upgrading
197.31of health and safety aspects of structures.
197.32 Subd. 5. Local authority. "Local authority" means the local authority having
197.33jurisdiction over local building construction.
198.1 Sec. 17. Minnesota Statutes 2006, section 471.466, is amended to read:
198.2471.466 ADMINISTRATION AND ENFORCEMENT.
198.3 The duty and power to administer and enforce sections471.465 to
471.469 is
198.4conferred upon and vested in the commissioner ofadministration labor and industry and
198.5the local authority.
198.6 Sec. 18. Minnesota Statutes 2006, section 471.467, is amended to read:
198.7471.467 BUILDING REQUIREMENTS; CONFORMITY.
198.8 Subdivision 1. Date applicable. On the date on which rules promulgated by the
198.9commissioner ofadministration labor and industry regarding building requirements for
198.10disabled persons with disabilities shall become effective, said rules shall exclusively
198.11govern the provision of facilities.
198.12 Subd. 2. No remodeling if solely fordisabled persons with disabilities. Nothing
198.13in sections471.465 to
471.469 shall be construed to require the remodeling of buildings
198.14solely to provide accessibility and usability tothe physically disabled persons with
198.15disabilities when remodeling would not otherwise be undertaken.
198.16 Subd. 3. Applies to remodeled part. When any building or facility covered
198.17by sections471.465 to
471.469 undergoes remodeling either in whole or in part, that
198.18portion of the building or facility remodeled shall conform to the requirements of sections
198.19471.465
to
471.469 .
198.20 Sec. 19. Minnesota Statutes 2006, section 471.471, is amended to read:
198.21471.471 ACCESS REVIEW BOARD.
198.22 Subdivision 1. Membership. The Access Review Board consists of:
198.23 (1) a representative of theBuilding Code and Standards Division of the Department
198.24ofAdministration Labor and Industry, appointed by the commissioner of administration
198.25labor and industry;
198.26 (2) a representative of the state fire marshal's office, appointed by the commissioner
198.27of public safety;
198.28 (3) the commissioner of human rights or the commissioner's designee;
198.29 (4) a representative of the elevator safety section, designated by the commissioner
198.30of labor and industryor the commissioner's designee; and
198.31 (5) the chair of the Council on Disability or the chair's designee.
198.32The board shall elect a chair from among its members. Terms of members coincide with
198.33the terms of their appointing authorities or, in the case of ex officio members or their
199.1designees, with the terms of the offices by virtue of which they are members of the board.
199.2Compensation of members is governed by section15.0575, subdivision 3 .
199.3 Subd. 2. Staff; administrative support. The commissioner ofadministration labor
199.4and industry shall furnish staff, office space, and administrative support to the board. Staff
199.5assigned to the board must be knowledgeable with respect to access codes, site surveys,
199.6plan design, and product use and eligibility.
199.7 Subd. 3. Duties. The board shall consider applications for waivers from the
199.8State Building Code to permit the installation of stairway chair lifts to provide limited
199.9accessibility forthe physically disabled persons with disabilities to buildings in which
199.10the provision of access by means permitted under the State Building Code is not
199.11architecturally or financially possible. In considering applications, the board shall review
199.12other possible access options. The board may approve an application for installation of a
199.13stairway chair when the board determines that the installation would be appropriate and
199.14no other means of access is possible. In determining whether to approve an application,
199.15the board shall consider:
199.16 (1) the need for limited accessibility when a higher degree of accessibility is not
199.17required by state or federal law or rule;
199.18 (2) the architectural feasibility of providing a greater degree of accessibility than
199.19would be provided by the proposed device or equipment;
199.20 (3) the total cost of the proposed device or equipment over its projected usable life,
199.21including installation, maintenance, and replacement costs;
199.22 (4) the reliability of the proposed device or equipment;
199.23 (5) the applicant's ability to comply with all recognized access and safety standards
199.24for installation and maintenance; and
199.25 (6) whether the proposed device or equipment can be operated and used without
199.26reducing or compromising minimum safety standards.
199.27The board shall consider the applicant's demonstrated inability to afford a greater degree
199.28of accessibility, but may not give greater weight to this factor than to the factors listed
199.29in clauses (1) to (6). The board may not approve an application unless the applicant
199.30guarantees that the device or equipment will be installed and operated in accordance with
199.31nationally recognized standards for such devices or equipment and agrees to obtain any
199.32permits needed from the agency responsible for enforcing those standards.
199.33 Subd. 4. Application process. A person seeking a waiver shall apply to the
199.34Building Code and Standards Division of the Department of Administration Labor and
199.35Industry on a form prescribed by the board and pay a $70 fee to the construction code
199.36fund. The division shall review the application to determine whether it appears to be
200.1meritorious, using the standards set out in subdivision 3. The division shall forward
200.2applications it considers meritorious to the board, along with a list and summary of
200.3applications considered not to be meritorious. The board may require the division to
200.4forward to it an application the division has considered not to be meritorious. The board
200.5shall issue a decision on an application within 90 days of its receipt. A board decision
200.6to approve an application must be unanimous. An application that contains false or
200.7misleading information must be rejected.
200.8 Subd. 5. Liability. Board members are immune from liability for personal injury or
200.9death resulting from the use or misuse of a device or equipment installed and operated
200.10under a waiver granted by the board.
200.11EFFECTIVE DATE.This section is effective July 1, 2007.
200.14 Section 1. TRANSFER.
200.15 The commissioner of labor and industry shall transfer $1,627,000 by June 30, 2008,
200.16and $1,515,000 by June 30, 2009, and each year thereafter from the construction code
200.17fund to the general fund. If an annual transfer for this purpose is enacted more than once
200.18in the 2007 session, the annual transfer is effective only once.
200.19 Sec. 2. APPROPRIATION REDUCTIONS.
200.20 (a) The general fund appropriation to the commissioner of labor and industry is
200.21reduced by $2,800,000 in fiscal year 2008 and $2,862,000 in fiscal year 2009 and each
200.22fiscal year thereafter. If an annual appropriation reduction for this purpose is enacted more
200.23than once in the 2007 session, the annual reduction is effective only once.
200.24 (b) The state government special revenue fund appropriation to the commissioner
200.25of labor and industry is reduced by $1,874,000 in fiscal year 2008 and $1,918,000 in
200.26fiscal year 2009 and each fiscal year thereafter. If an annual appropriation reduction
200.27for this purpose is enacted more than once in the 2007 session, the annual reduction is
200.28effective only once.
200.29 Sec. 3. REPEALER.
200.30(a) Minnesota Statutes 2006, sections 16B.665; 183.001; 183.02; 183.375,
200.31subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44, subdivisions
200.321, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 6; 326.01,
201.1subdivisions 4, 6h, 10, 11, and 12; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g,
201.29h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4;
201.3326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12,
201.4and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and
201.5327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
201.6(b) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 183.375, subdivision
201.75; 183.545, subdivision 9; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are
201.8repealed.
201.9(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650;
201.103800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900;
201.114717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and
201.129; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts
201.131, 3, and 4, are repealed.
201.14EFFECTIVE DATE.Paragraphs (a) and (c) are effective December 1, 2007.
201.15Paragraph (b) is effective July 1, 2007.
201.16 Sec. 4. EFFECTIVE DATE.
201.17 This act is effective December 1, 2007, except when another date is specified. The
201.18revisor's instructions contained in this act shall be implemented for the 2008 edition of
201.19Minnesota Statutes.
1.3licensing provisions; providing penalties and enforcement; clarifying and
1.4modifying the statute limitations of action for damages based on services or
1.5construction to improve real property; instructing the revisor to renumber
1.6certain statutory sections; appropriating money;amending Minnesota Statutes
1.72006, sections 16B.04, subdivision 2; 16B.60, subdivisions 4, 7, 8, 11; 16B.61;
1.816B.615, subdivision 4; 16B.617; 16B.6175; 16B.63; 16B.64, by adding a
1.9subdivision; 16B.65; 16B.70; 16B.72; 16B.73; 16B.735; 16B.74, subdivisions
1.101, 2, by adding subdivisions; 16B.741; 16B.744; 16B.745, subdivisions 1, 4;
1.1116B.747; 16B.748; 16B.76; 31.175; 103I.621, subdivision 3; 144.122; 144.99,
1.12subdivision 1; 175.16, subdivision 1; 178.01; 178.02; 178.03, subdivision 3;
1.13178.041, subdivision 1; 183.38; 183.39, subdivision 1; 183.411, subdivision 2;
1.14183.42; 183.45; 183.46; 183.465; 183.466; 183.48; 183.501; 183.505; 183.51;
1.15183.54, subdivisions 1, 3; 183.545, by adding a subdivision; 183.56; 183.57,
1.16subdivisions 1, 2, 5, 6; 183.59; 183.60; 183.61, subdivisions 2, 4; 214.01,
1.17subdivision 3; 214.04, subdivisions 1, 3; 299F.011, subdivision 1; 325E.37,
1.18subdivision 6; 325E.58; 326.01, subdivisions 2, 3, 5, 6, 6a, 6b, 6c, 6e, 6f, 6g, 6j,
1.196k, 6l, 7, 8, by adding subdivisions; 326.242; 326.243; 326.244, subdivisions
1.201a, 2, 3, 4, 5, by adding a subdivision; 326.2441; 326.245; 326.248; 326.37;
1.21326.38; 326.39; 326.40; 326.401; 326.405; 326.42; 326.46; 326.461, by adding
1.22subdivisions; 326.47; 326.48; 326.50; 326.57, subdivision 1; 326.58; 326.59;
1.23326.60; 326.601; 326.61, subdivisions 1, 2, 3, 4; 326.62; 326.65; 326.83,
1.24subdivisions 6, 7, 11, 18, 19, 20; 326.84; 326.841; 326.842; 326.86; 326.87;
1.25326.88; 326.89; 326.90, subdivision 1; 326.91, subdivision 1; 326.92; 326.921;
1.26326.93; 326.94; 326.95, subdivision 2; 326.96; 326.97; 326.975, subdivision 1;
1.27326.992; 327.20, subdivision 1; 327.205; 327.31, subdivisions 2, 3, 4, 7, 15, by
1.28adding a subdivision; 327.32, subdivision 8; 327.33, subdivisions 2, 6, 7; 327.34,
1.29subdivision 3; 327.35, subdivisions 1, 2; 327A.01, subdivision 2; 327B.01,
1.30subdivisions 4, 5, 7, 17, by adding subdivisions; 327B.04, subdivisions 1, 4,
1.316, 7, 8, by adding a subdivision; 327B.05, subdivision 1; 327B.10; 363A.40,
1.32subdivision 1; 462.357, subdivision 6a; 462A.07, subdivision 8; 471.465;
1.33471.466; 471.467; 471.471; 541.051; proposing coding for new law in Minnesota
1.34Statutes, chapters 326; 327B; proposing coding for new law as Minnesota
1.35Statutes, chapter 326B; repealing Minnesota Statutes 2006, sections 16B.665;
1.3616B.747, subdivision 4; 183.001; 183.02; 183.375, subdivisions 1, 2, 3, 4, 5, 6;
1.37183.41, subdivisions 1, 2, 3, 4; 183.44, subdivisions 1, 2, 3; 183.52; 183.54,
1.38subdivision 2; 183.545, subdivision 9; 183.61, subdivisions 1, 3, 5, 6; 326.01,
1.39subdivisions 4, 6h, 9, 10, 11, 12, 13; 326.241; 326.242, subdivisions 4, 9, 9a, 9b,
2.19c, 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 10; 326.244, subdivision 6; 326.246; 326.2461;
2.2326.247; 326.40, subdivision 4; 326.41; 326.44; 326.45; 326.47, subdivision 5;
2.3326.51; 326.52; 326.521; 326.64; 326.83, subdivisions 3, 4, 12, 13; 326.85;
2.4326.875; 326.91, subdivisions 2, 3, 4; 326.945; 326.975; 326.98; 327B.05,
2.5subdivisions 2, 3, 4, 5, 6; Minnesota Rules, parts 2809.0230; 2891.0010;
2.62891.0030; 3800.2650; 3800.3580; 3800.3590; 3800.3630; 3800.3750;
2.73800.3835; 4715.5600; 4715.5900; 4717.7000, subpart 1, item I; 5225.0880;
2.85225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9; 5230.0010; 5230.0020; 5230.0040;
2.95230.0060, subpart 2; 5230.0100, subparts 1, 3, 4.
2.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.13 Section 1. REVISOR'S INSTRUCTION.
2.14 In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
2.151346, 1350, 1360, and 7672, the revisor of statutes shall:
2.16 (1) change the term "commissioner of administration" to "commissioner of labor
2.17and industry";
2.18 (2) change the term "Department of Administration" to "Department of Labor and
2.19Industry";
2.20 (3) change the term "Department of Administration's Building Codes and Standards
2.21Division" to "Department of Labor and Industry"; and
2.22 (4) change the term "director of the Building Codes and Standards Division of the
2.23Department of Administration" to "individual appointed by the commissioner of labor and
2.24industry to administer the code."
2.25EFFECTIVE DATE.This section is effective the day following final enactment.
2.28 Section 1. Minnesota Statutes 2006, section 299F.011, subdivision 1, is amended to
2.29read:
2.30 Subdivision 1. State Fire Code rulemaking authority. The commissioner of
2.31
2.32consistent with the recommendations of the state fire marshal, shall adopt a State Fire
2.33Code and make amendments thereto in accordance with the Administrative Procedure Act
2.34in chapter 14. The code and its amendments shall conform insofar as practicable to model
2.35fire codes generally accepted and in use throughout the United States, with consideration
2.36given to existing statewide specialty codes presently in use in the state of Minnesota.
3.1Statewide specialty codes and model codes with necessary modifications may be adopted
3.2by reference in accordance with section
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
3.4 Sec. 2. [326B.01] DEFINITIONS.
3.5 Subdivision 1. Scope. The definitions in this section apply to chapter 326B.
3.6 Subd. 2. ASME. "ASME" means the American Society of Mechanical Engineers.
3.7 Subd. 3. Commissioner. "Commissioner" means the commissioner of labor
3.8and industry or a duly designated representative of the commissioner who is either an
3.9employee of the Department of Labor and Industry or a person working under contract
3.10with the department.
3.11 Subd. 4. Department. "Department" means the Department of Labor and Industry.
3.12 Subd. 5. Day. "Day" means calendar day unless otherwise provided.
3.13 Subd. 6. Individual. "Individual" means a human being.
3.14 Subd. 7. Person. "Person" means any individual, limited liability company,
3.15corporation, partnership, incorporated or unincorporated association, sole proprietorship,
3.16joint stock company, or any other legal or commercial entity.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 3. [326B.02] POWERS.
3.19 Subdivision 1. Transfer of responsibilities. The responsibilities of the
3.20commissioner of administration relating to the state building code, sections 16B.59 to
3.2116B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
3.22manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
3.23warranties in connection with the sale of dwellings and home improvement work, chapter
3.24327A, are transferred under section 15.039 to the commissioner of labor and industry
3.25as amended and recodified in this chapter. The responsibilities of the commissioner of
3.26health relating to the state plumbing code and licensing, sections 16B.61, 144.99 to
3.27144.993, and 326.37 to 326.45, and water conditioning contractors and installers, sections
3.28326.57 to 326.65, are transferred under section 15.039 to the commissioner of labor and
3.29industry as amended and recodified in this chapter except for responsibilities transferred
3.30to the Plumbing Board as expressly provided in this chapter. The responsibilities of the
3.31commissioner of commerce relating to residential contractors, residential remodelers,
3.32residential roofers, manufactured home installers, and the contractor's recovery fund under
3.33sections 45.027 to 45.23 and 326.83 to 326.992 are transferred under section 15.039
4.1to the commissioner of labor and industry as amended and recodified in this chapter.
4.2The responsibilities of the Board of Electricity relating to the State Electrical Code and
4.3licensing, sections 16B.61 and 326.241 to 326.248, are transferred under section 15.039
4.4to the commissioner of labor and industry as amended and recodified in this chapter
4.5except for responsibilities transferred to the Board of Electricity as expressly provided
4.6in this chapter.
4.7 Subd. 2. Transfer of Authority. The commissioner of administration may not use
4.8the authority under section 16B.37 to modify the transfers of authority to the Plumbing
4.9Board, the Board of Electricity, or the Board of High Pressure Piping Systems under
4.10this chapter.
4.11 Subd. 3. Definition of responsibilities. For purposes of subdivision 1,
4.12responsibilities include powers, duties, rights, obligations, and other authority imposed
4.13by law.
4.14 Subd. 4. State fire marshal cooperation. The state fire marshal shall work with the
4.15commissioner to improve the delivery of services to the public through the coordination
4.16of services and utilization of technology.
4.17 Subd. 5. General rulemaking authority. The commissioner may, under the
4.18rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
4.19amend, suspend, and repeal rules relating to the commissioner's responsibilities under this
4.20chapter, except for rules for which the rulemaking authority is expressly transferred to the
4.21Plumbing Board, the Board of Electricity, or the Board of High Pressure Piping Systems.
4.22EFFECTIVE DATE.This section is effective the day following final enactment.
4.23 Sec. 4. [326B.04] DEPOSIT OF MONEY.
4.24 Subdivision 1. Construction code fund. There is created in the state treasury
4.25a construction code fund as a special revenue fund for the purpose of administering this
4.26chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
4.27sections, except penalties, is credited to the construction code fund unless otherwise
4.28specifically designated by law. Any interest or profit accruing from investment of these
4.29sums is credited to the construction code fund. All money collected in the construction
4.30code fund is appropriated to the commissioner to administer and enforce the provisions
4.31identified in this section.
4.32 Unless otherwise provided by law, all penalties assessed under this chapter, section
4.33327.35, and chapter 327B are credited to the assigned risk safety account established
4.34by section 79.253.
5.1 Subd. 2. Deposits. All remaining balances as of June 30, 2007, in the state
5.2government special revenue fund and special revenue fund accounts maintained for
5.3the Building Codes and Standards Division, Board of Electricity, and plumbing and
5.4engineering unit are transferred to the construction code fund. Unless otherwise
5.5specifically designated by law: (1) all money collected under chapter 183 and sections
5.616B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57
5.7to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties,
5.8is credited to the construction code fund; (2) all fees collected under section 45.23 in
5.9connection with continuing education for residential contractors, residential remodelers,
5.10and residential roofers are credited to the construction code fund; and (3) all penalties
5.11assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under
5.12sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
5.13or 326.57 to 327.65 or the rules adopted under those sections are credited to the assigned
5.14risk safety account established by section 79.253.
5.15EFFECTIVE DATE.This section is effective July 1, 2007.
5.16 Sec. 5. [326B.06] BONDS.
5.17 Bonds issued under this chapter are not state bonds or contracts for purposes of
5.18sections 8.05 and 16C.05, subdivision 2.
5.19 Sec. 6. [326B.075] COMMISSIONER NOT SUBJECT TO SUBPOENA.
5.20 The commissioner shall not be subject to subpoena for purposes of providing expert
5.21testimony, except in an enforcement proceeding brought by the commissioner.
5.22 Sec. 7. APPOINTMENT AND FIRST MEETING OF BOARDS.
5.23 The governor must make the appointments to the Board of Electricity, the Plumbing
5.24Board, and the Board of High Pressure Piping Systems no later than July 1, 2007. The
5.25commissioner of labor and industry must convene the first meeting of each board no later
5.26than September 1, 2007.
5.29 Section 1. [326B.081] DEFINITIONS.
5.30 Subdivision 1. Application. For purposes of sections 326B.081 to 326B.085, the
5.31terms defined in this section have the meanings given them.
6.1 Subd. 2. Administrative order. "Administrative order" means an order issued
6.2under section 326B.082, subdivision 7.
6.3 Subd. 3. Applicable law. "Applicable law" means the provisions of sections
6.4326B.084 to 326B.998 and 327.31 to 327.36 and chapter 327B, and all rules, orders,
6.5stipulation agreements, settlements, compliance agreements, licenses, registrations,
6.6certificates, and permits adopted, issued, or enforced by the department under sections
6.7326B.02 or 326B.084 to 326B.998 or 327.31 to 327.36 or chapter 327B.
6.8 Subd. 4. Document or documents. "Document" or "documents" includes papers;
6.9books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
6.10digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
6.11invoices; bills; notes; and calendars maintained in any form or manner.
6.12 Subd. 5. Final. "Final" when used to describe any order issued under section
6.13326B.082 means that:
6.14 (1) no request for hearing in connection with the order was filed in the manner and
6.15within the time provided by section 326B.082;
6.16 (2) all requests for hearing have been withdrawn;
6.17 (3) an agreement that resolves the order has been signed by all the parties; or
6.18 (4) after the filing of a request for hearing, an order has been issued by the
6.19commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
6.20pursued or forgone.
6.21 Subd. 6. Licensing order. "Licensing order" means an order issued under section
6.22326B.082, subdivision 12, paragraph (a).
6.23 Subd. 7. Minimum qualifications. "Minimum qualifications" means the
6.24educational, experience, fee, examination, application, and other eligibility requirements
6.25that an applicant must meet in order to obtain a license, registration, certificate, or
6.26permit under the applicable law. For an applicant that is not an individual, the minimum
6.27qualifications include the requirement that an employee or other individual associated
6.28with the applicant hold a license.
6.29 Subd. 8. Stop order. "Stop order" means an order issued under section 326B.082,
6.30subdivision 10.
6.31 Sec. 2. [326B.082] ENFORCEMENT.
6.32 Subdivision 1. Remedies available. The commissioner may enforce all applicable
6.33law under this section. The commissioner may use any enforcement provision in this
6.34section, including the assessment of monetary penalties, against a person required to have
6.35a license, registration, certificate, or permit under the applicable law based on conduct
7.1that would provide grounds for action against a licensee, registrant, certificate holder,
7.2or permit holder under the applicable law. The use of an enforcement provision in this
7.3section shall not preclude the use of any other enforcement provision in this section or
7.4otherwise provided by law.
7.5 Subd. 2. Access to information and property; subpoenas. (a) In order to carry out
7.6the purposes of the applicable law, the commissioner may:
7.7 (1) administer oaths and affirmations, certify official acts, interview, question, take
7.8oral or written statements, and take depositions;
7.9 (2) request, examine, take possession of, test, sample, measure, photograph, record,
7.10and copy any documents, apparatus, devices, equipment, or materials;
7.11 (3) at a time and place indicated by the commissioner, request persons to appear
7.12before the commissioner to give testimony and produce documents, apparatus, devices,
7.13equipment, or materials;
7.14 (4) issue subpoenas to compel persons to appear before the commissioner to give
7.15testimony and produce documents, apparatus, devices, equipment, or materials; and
7.16 (5) with or without notice, enter without delay upon any property, public or private,
7.17for the purpose of taking any action authorized under this subdivision or the applicable
7.18law, including obtaining information, remedying violations, or conducting surveys,
7.19inspections, or investigations.
7.20 (b) Persons requested by the commissioner to give testimony or produce documents,
7.21apparatus, devices, equipment, or materials shall respond within the time and in the manner
7.22specified by the commissioner. If no time to respond is specified in the request, then a
7.23response shall be submitted within 30 days of the commissioner's service of the request.
7.24 (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
7.25owner's representative, or lessee's representative to permit the commissioner's entry onto
7.26property as provided in paragraph (a), the commissioner may apply for an administrative
7.27inspection order in the Ramsey County District Court or, at the commissioner's discretion,
7.28in the district court in the county in which the property is located. The commissioner may
7.29anticipate that a property owner or lessee will refuse entry if the property owner, lessee,
7.30property owner's representative, or lessee's representative has refused to permit entry on a
7.31prior occasion or has informed the commissioner that entry will be refused. Upon showing
7.32of administrative probable cause by the commissioner, the district court shall issue an
7.33administrative inspection order that compels the property owner or lessee to permit the
7.34commissioner to enter the property for the purposes specified in paragraph (a).
8.1 (d) Upon the application of the commissioner, a district court shall treat the failure of
8.2any person to obey a subpoena lawfully issued by the commissioner under this subdivision
8.3as a contempt of court.
8.4 Subd. 3. Service. Unless otherwise specified, service of a document on a person
8.5under this section or section 326B.083 may be by mail, by personal service, or in
8.6accordance with any consent to service filed with the commissioner. Service by mail shall
8.7be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
8.82. Personal service shall be accomplished in the manner provided in Minnesota Rules,
8.9part 1400.5550, subpart 3.
8.10 Subd. 4. Fax transmission. When this section or section 326B.083 permits a
8.11request for reconsideration or request for hearing to be served by fax on the commissioner,
8.12the fax shall not exceed 15 pages in length. The request shall be considered timely
8.13served if the fax is received by the commissioner, at the fax number identified by the
8.14commissioner in the order or notice of violation, no later than 4:30 p.m. central time on
8.15the last day permitted for faxing the request. Where the quality or authenticity of the faxed
8.16request is at issue, the commissioner may require the original request to be filed. Where
8.17the commissioner has not identified quality or authenticity of the faxed request as an issue
8.18and the request has been faxed in accordance with this subdivision, the person faxing the
8.19request does not need to file the original request with the commissioner.
8.20 Subd. 5. Time computation. In computing any period of time prescribed or allowed
8.21by this section, the day of the act, event, or default from which the designated period of
8.22time begins to run shall not be included. The last day of the period so computed shall be
8.23included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
8.24until the next day which is not a Saturday, Sunday, or legal holiday.
8.25 Subd. 6. Notices of violation. (a) The commissioner may issue a notice of violation
8.26to any person who the commissioner determines has committed a violation of the
8.27applicable law. The notice of violation must state a summary of the facts that constitute
8.28the violation and the applicable law violated. The notice of violation may require the
8.29person to correct the violation. If correction is required, the notice of violation must state
8.30the deadline by which the violation must be corrected.
8.31 (b) The commissioner shall issue the notice of violation by:
8.32 (1) serving the notice of violation on the property owner or on the person who
8.33committed the violation; or
8.34 (2) posting the notice of violation at the location where the violation occurred.
8.35 (c) If the person to whom the commissioner has issued the notice of violation
8.36believes the notice was issued in error, then the person may request reconsideration of the
9.1parts of the notice that the person believes are in error. The request for reconsideration
9.2must be in writing and must be served on or faxed to the commissioner at the address or
9.3fax number specified in the notice of violation by the tenth day after the commissioner
9.4issued the notice of violation. The date on which a request for reconsideration is served by
9.5mail shall be the postmark date on the envelope in which the request for reconsideration is
9.6mailed. If the person does not serve or fax a written request for reconsideration or if the
9.7person's written request for reconsideration is not served on or faxed to the commissioner
9.8by the tenth day after the commissioner issued the notice of violation, the notice of
9.9violation shall become a final order of the commissioner and will not be subject to review
9.10by any court or agency. The request for reconsideration must:
9.11 (1) specify which parts of the notice of violation the person believes are in error;
9.12 (2) explain why the person believes the parts are in error; and
9.13 (3) provide documentation to support the request for reconsideration.
9.14 The commissioner shall respond in writing to requests for reconsideration
9.15made under this paragraph within 15 days after receiving the request. A request for
9.16reconsideration does not stay a requirement to correct a violation as set forth in the notice
9.17of violation. After reviewing the request for reconsideration, the commissioner may
9.18affirm, modify, or rescind the notice of violation. The commissioner's response to a
9.19request for reconsideration is final and shall not be reviewed by any court or agency.
9.20 Subd. 7. Administrative orders; correction; assessment of monetary
9.21penalties. (a) The commissioner may issue an administrative order to any person who
9.22the commissioner determines has committed a violation of the applicable law. The
9.23commissioner shall issue the administrative order by serving the administrative order on
9.24the person. The administrative order may require the person to correct the violation,
9.25may require the person to cease and desist from committing the violation, and may
9.26assess monetary penalties. The commissioner shall follow the procedures in section
9.27326B.083 when issuing administrative orders. Except as provided in paragraph (b), the
9.28commissioner may issue to each person a monetary penalty of up to $10,000 for each
9.29violation of applicable law committed by the person. The commissioner may order that
9.30part or all of the monetary penalty will be forgiven if the person to whom the order is
9.31issued demonstrates to the commissioner by the 31st day after the order is issued that
9.32the person has corrected the violation or has developed a correction plan acceptable to
9.33the commissioner.
9.34 (b) The commissioner may issue an administrative order for failure to correct a
9.35violation by the deadline stated in a final administrative order issued under paragraph (a).
10.1Each day after the deadline during which the violation remains uncorrected is a separate
10.2violation for purposes of calculating the maximum monetary penalty amount.
10.3 (c) Upon the application of the commissioner, a district court shall find the failure of
10.4any person to correct a violation as required by a final administrative order issued by the
10.5commissioner under this subdivision as a contempt of court.
10.6 Subd. 8. Hearings related to administrative orders. (a) Within 30 days after the
10.7commissioner issues an administrative order or within 20 days after the commissioner
10.8issues the notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the
10.9person to whom the administrative order or notice is issued may request an expedited
10.10hearing to review the commissioner's order or notice. The request for hearing must be
10.11in writing and must be served on or faxed to the commissioner at the address or fax
10.12number specified in the order or notice. If the person does not request a hearing or if the
10.13person's written request for hearing is not served on or faxed to the commissioner by the
10.1430th day after the commissioner issues the administrative order or the 20th day after the
10.15commissioner issues the notice under section 326B.083, subdivision 3, paragraph (b),
10.16clause (3), the order will become a final order of the commissioner and will not be subject
10.17to review by any court or agency. The date on which a request for hearing is served by
10.18mail shall be the postmark date on the envelope in which the request for hearing is mailed.
10.19The hearing request must specifically state the reasons for seeking review of the order or
10.20notice. The person to whom the order or notice is issued and the commissioner are the
10.21parties to the expedited hearing. The commissioner must notify the person to whom the
10.22order or notice is issued of the time and place of the hearing at least 15 days before the
10.23hearing. The expedited hearing must be held within 45 days after a request for hearing has
10.24been served on the commissioner unless the parties agree to a later date.
10.25 (b) All written arguments must be submitted within ten days following the close of
10.26the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
10.271400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
10.28consultation with the agency, adopt rules specifically applicable to cases under this section.
10.29 (c) The administrative law judge shall issue a report making findings of fact,
10.30conclusions of law, and a recommended order to the commissioner within 30 days
10.31following the close of the record.
10.32 (d) If the administrative law judge makes a finding that the hearing was requested
10.33solely for purposes of delay or that the hearing request was frivolous, the commissioner
10.34may add to the amount of the penalty the costs charged to the department by the Office of
10.35Administrative Hearings for the hearing.
11.1 (e) If a hearing has been held, the commissioner shall not issue a final order until
11.2at least five days after the date of the administrative law judge's report. Any person
11.3aggrieved by the administrative law judge's report may, within those five days, serve
11.4written comments to the commissioner on the report and the commissioner shall consider
11.5the comments. The commissioner's final order may be appealed in the manner provided in
11.6sections 14.63 to 14.69.
11.7 Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
11.8commissioner may bring an action for injunctive relief in the Ramsey County District
11.9Court or, at the commissioner's discretion, in the district court in the county in which the
11.10commissioner has determined a violation of the applicable law has occurred or is about to
11.11occur to enjoin the violation. A temporary restraining order and other injunctive relief
11.12shall be granted by the district court if the court determines that a person has engaged in or
11.13is about to engage in an act, conduct, or practice constituting a violation of the applicable
11.14law. The commissioner shall not be required to show irreparable harm.
11.15 Subd. 10. Stop orders. (a) If the commissioner determines based on an inspection
11.16or investigation that a person has violated or is about to violate the applicable law, the
11.17commissioner may issue to the person a stop order requiring the person to cease and desist
11.18from committing the violation.
11.19 (b) If the commissioner determines that a condition exists on real property that
11.20violates the applicable law, the commissioner may issue a stop order to the owner or
11.21lessee of the real property to cease and desist from committing the violation and to correct
11.22the condition that is in violation.
11.23 (c) The commissioner shall issue the stop work order by:
11.24 (1) serving the order on the person who has committed or is about to commit the
11.25violation;
11.26 (2) posting the order at the location where the violation was committed or is about to
11.27be committed or at the location where the violating condition exists; or
11.28 (3) serving the order on any owner or lessee of the real property where the violating
11.29condition exists.
11.30 (d) A stop order shall:
11.31 (1) describe the act, conduct, or practice committed or about to be committed, or the
11.32condition, and include a reference to the applicable law that the act, conduct, practice, or
11.33condition violates or would violate; and
11.34 (2) provide notice that any person aggrieved by the stop order may request a hearing
11.35as provided in paragraph (e).
12.1 (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
12.2by the order may request an expedited hearing to review the commissioner's action.
12.3The request for hearing must be made in writing and must be served on or faxed to the
12.4commissioner at the address or fax number specified in the order. If the person does not
12.5request a hearing or if the person's written request for hearing is not served on or faxed to
12.6the commissioner on or before the 30th day after the commissioner issued the stop order,
12.7the order will become a final order of the commissioner and will not be subject to review
12.8by any court or agency. The date on which a request for hearing is served by mail is the
12.9postmark date on the envelope in which the request for hearing is mailed. The hearing
12.10request must specifically state the reasons for seeking review of the order. The person who
12.11requested the hearing and the commissioner are the parties to the expedited hearing. The
12.12hearing shall be commenced within ten days after the commissioner receives the request
12.13for hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
12.141400.8612, as modified by this subdivision. The administrative law judge shall issue a
12.15report containing findings of fact, conclusions of law, and a recommended order within
12.16ten days after the conclusion of the hearing. Any party aggrieved by the administrative
12.17law judge's report shall have five days after the date of the administrative law judge's
12.18report to submit exceptions and argument to the commissioner. Within 15 days after
12.19receiving the administrative law judge's report, the commissioner shall issue an order
12.20vacating, modifying, or making permanent the stop order. The commissioner and the
12.21person requesting the hearing may by agreement lengthen any time periods described in
12.22this paragraph. The Office of Administrative Hearings may, in consultation with the
12.23agency, adopt rules specifically applicable to cases under this subdivision.
12.24 (f) A stop order issued under this subdivision shall be in effect until it is modified or
12.25vacated by the commissioner or an appellate court. The administrative hearing provided
12.26by this subdivision and any appellate judicial review as provided in chapter 14 shall
12.27constitute the exclusive remedy for any person aggrieved by a stop order.
12.28 (g) Upon the application of the commissioner, a district court shall find the failure of
12.29any person to comply with a final stop order lawfully issued by the commissioner under
12.30this subdivision as a contempt of court.
12.31 Subd. 11. Licensing orders; grounds; reapplication. (a) The commissioner may
12.32deny an application for a permit, license, registration, or certificate if the applicant does
12.33not meet or fails to maintain the minimum qualifications for holding the permit, license,
12.34registration, or certificate, or has any unresolved violations or unpaid fees or monetary
12.35penalties related to the activity for which the permit, license, registration, or certificate has
12.36been applied for or was issued.
13.1 (b) The commissioner may deny, suspend, limit, place conditions on, or revoke a
13.2person's permit, license, registration, or certificate, or censure the person holding the
13.3permit, license, registration, or certificate, if the commissioner finds that the person:
13.4 (1) committed one or more violations of the applicable law;
13.5 (2) submitted false or misleading information to the state in connection with
13.6activities for which the permit, license, registration, or certificate was issued, or in
13.7connection with the application for the permit, license, registration, or certificate;
13.8 (3) allowed the alteration or use of the person's own permit, license, registration,
13.9or certificate by another person;
13.10 (4) within the previous five years, was convicted of a crime in connection with
13.11activities for which the permit, license, registration, or certificate was issued;
13.12 (5) violated a final administrative order issued under subdivision 7 or a final stop
13.13order issued under subdivision 10, or injunctive relief issued under subdivision 9;
13.14 (6) failed to cooperate with a commissioner's request to give testimony, to produce
13.15documents, things, apparatus, devices, equipment, or materials, or to access property
13.16under subdivision 2;
13.17 (7) retaliated in any manner against any employee or person who is questioned by,
13.18cooperates with, or provides information to the commissioner or an employee or agent
13.19authorized by the commissioner who seeks access to property or things under subdivision
13.202;
13.21 (8) engaged in any fraudulent, deceptive, or dishonest act or practice; or
13.22 (9) performed work in connection with the permit, license, registration, or
13.23certificate or conducted the person's affairs in a manner that demonstrates incompetence,
13.24untrustworthiness, or financial irresponsibility.
13.25 (c) If the commissioner revokes a person's permit, license, registration, or certificate
13.26under paragraph (b), the person is prohibited from reapplying for the same type of permit,
13.27license, registration, or certificate for at least two years after the effective date of the
13.28revocation. The commissioner may, as a condition of reapplication, require the person to
13.29obtain a bond or comply with additional reasonable conditions the commissioner considers
13.30necessary to protect the public.
13.31 (d) If a permit, license, registration, or certificate expires, or is surrendered,
13.32withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
13.33institute a proceeding under this subdivision within two years after the permit, license,
13.34registration, or certificate was last effective and enter a revocation or suspension order as
13.35of the last date on which the permit, license, registration, or certificate was in effect.
14.1 Subd. 12. Issuance of licensing orders; hearings related to licensing orders.
14.2 (a) If the commissioner determines that a permit, license, registration, or certificate
14.3should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
14.4or that the permit holder, licensee, registrant, or certificate holder should be censured
14.5under subdivision 11, then the commissioner shall issue to the person an order denying,
14.6conditioning, limiting, suspending, or revoking the person's permit, license, registration,
14.7or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
14.8 (b) Any order issued under paragraph (a) may include an assessment of monetary
14.9penalties and may require the person to cease and desist from committing the violation
14.10or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
14.11monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
14.12committed by the person. The procedures in section 326B.083 must be followed when
14.13issuing orders under paragraph (a).
14.14 (c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
14.15the commissioner issues an order under paragraph (a) shall have 30 days after service of
14.16the order to request a hearing. The request for hearing must be in writing and must be
14.17served on or faxed to the commissioner at the address or fax number specified in the order
14.18by the 30th day after service of the order. If the person does not request a hearing or if
14.19the person's written request for hearing is not served on or faxed to the commissioner
14.20by the 30th day after service of the order, the order shall become a final order of the
14.21commissioner and will not be subject to review by any court or agency. The date on which
14.22a request for hearing is served by mail shall be the postmark date on the envelope in which
14.23the request for hearing is mailed. If the person submits to the commissioner a timely
14.24request for hearing, a contested case hearing shall be held in accordance with chapter 14.
14.25 (d) Paragraph (c) does not apply to summary suspension under subdivision 13.
14.26 Subd. 13. Summary suspension. In any case where the commissioner has
14.27issued an order to revoke or suspend a license, registration, certificate, or permit under
14.28subdivision 12, the commissioner may summarily suspend the person's permit, license,
14.29registration, or certificate before the order becomes final. The commissioner shall issue a
14.30summary suspension order when the safety of life or property is threatened or to prevent
14.31the commission of fraudulent, deceptive, untrustworthy, or dishonest acts against the
14.32public. The summary suspension shall not affect the deadline for submitting a request
14.33for hearing under subdivision 12. If the commissioner summarily suspends a person's
14.34permit, license, registration, or certificate, a timely request for hearing submitted under
14.35subdivision 12 shall also be considered a timely request for hearing on continuation of
14.36the summary suspension. If the commissioner summarily suspends a person's permit,
15.1license, registration, or certificate under this subdivision and the person submits a timely
15.2request for a hearing, then a hearing on continuation of the summary suspension must be
15.3held within ten days after the commissioner receives the request for hearing unless the
15.4parties agree to a later date.
15.5 Subd. 14. Plan for assessing penalties. The commissioner may prepare a plan for
15.6assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
15.7provide a 30-day period for public comment on any such plan. Penalties assessed by the
15.8commissioner in accordance with the plan shall be presumed reasonable.
15.9 Subd. 15. Effect on other laws. Nothing in this section shall be construed to limit
15.10the application of other state or federal laws, including specifically but not exclusively
15.11section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
15.12permit, license, registration, or certificate issued by the commissioner.
15.13 Subd. 16. Misdemeanor penalties. Except as otherwise provided by law, a person
15.14who violates an applicable law is guilty of a misdemeanor.
15.15 Subd. 17. Revocation and suspension of license. If a person fails to pay a penalty
15.16owed under this section or section 326B.083, the commissioner may revoke, suspend, or
15.17deny any or all licenses, permits, certificates, and registrations issued by the department.
15.18 Sec. 3. [326B.083] AMOUNT OF PENALTY; CONTENTS OF
15.19ADMINISTRATIVE AND LICENSING ORDERS.
15.20 Subdivision 1. Amount of penalty; considerations. In determining the amount of
15.21a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
15.22consider the factors described in section 14.045, subdivision 3.
15.23 Subd. 2. Contents of administrative order and licensing order. (a) An
15.24administrative order and a licensing order must include:
15.25 (1) a summary of the facts that constitute the violation or violations;
15.26 (2) a reference to the applicable law that has been violated; and
15.27 (3) a statement of the person's right to request a hearing.
15.28 (b) An administrative order may include a requirement that the violation be
15.29corrected. If the order includes a requirement that the violation be corrected, then the
15.30order must include, in addition to any statements required under paragraphs (a) and (c),
15.31the deadline by which the violation must be corrected.
15.32 (c) An administrative order or a licensing order may assess monetary penalties. If
15.33the order assesses monetary penalties, then the order must include, in addition to any
15.34statements required under paragraphs (a) and (b):
15.35 (1) a statement of the amount of the monetary penalty imposed;
16.1 (2) a statement that, when the order becomes final, the commissioner may file and
16.2enforce the unpaid portion of a penalty as a judgment in district court without further
16.3notice or additional proceedings; and
16.4 (3) if the order is an administrative order, a statement of the amount of the penalty,
16.5if any, that will be forgiven if the person who is subject to the order demonstrates to the
16.6commissioner by the 31st day after the order is served that the person has corrected the
16.7violation or has developed a correction plan acceptable to the commissioner.
16.8 Subd. 3. Penalty. (a) If an administrative order includes a penalty assessment, then
16.9the penalty is due and payable on the date the administrative order becomes final unless
16.10some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
16.11then the penalty is due and payable on the date the licensing order becomes final.
16.12 (b) This paragraph applies if an administrative order includes a penalty assessment
16.13and all or a portion of the penalty is forgivable.
16.14 (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
16.15and payable ten days after the date the administrative order becomes final.
16.16 (2) The commissioner shall forgive the forgivable portion of the penalty if the
16.17commissioner determines that the violation has been corrected within the time set by
16.18the order or the person to whom the order was issued has developed a correction plan
16.19acceptable to the commissioner within the time set by the order.
16.20 (3) If the commissioner determines that the person to whom the order was issued
16.21has failed to correct the violation within the time set by the order or has failed to develop
16.22a correction plan acceptable to the commissioner within the time set by the order, then
16.23the forgivable portion of the penalty is due and payable ten days after the commissioner
16.24serves notice of the determination on the person or on the date the administrative order
16.25becomes final, whichever is later.
16.26 (c) This paragraph applies if an administrative order or a licensing order includes a
16.27penalty assessment and if the person subject to the order has requested a hearing. The
16.28administrative law judge may not recommend a change in the amount of the penalty if
16.29the penalty was assessed in accordance with a plan prepared under section 326B.082,
16.30subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
16.31subdivision 14, then the administrative law judge may not recommend a change in the
16.32amount of the penalty unless the administrative law judge determines that, based on the
16.33factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
16.34 (d) The assessment of a penalty does not preclude the use of other enforcement
16.35provisions, under which penalties are not assessed, in connection with the violation for
16.36which the penalty was assessed.
17.1 Sec. 4. [326B.084] FALSE INFORMATION.
17.2 A person subject to any of the requirements in the applicable law may not make a
17.3false material statement, representation, or certification in; omit material information
17.4from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
17.5or other document required under the applicable law.
17.6 Sec. 5. [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
17.7 In any action brought by the commissioner for enforcement of an order issued
17.8under section 326B.082 for injunctive relief, or to compel performance pursuant to the
17.9applicable law, if the state finally prevails, the state, in addition to other penalties provided
17.10by law, may be allowed an amount determined by the court to be the reasonable value of
17.11all or part of the litigation expenses incurred by the state. In determining the amount of
17.12the litigation expenses to be allowed, the court shall give consideration to the economic
17.13circumstances of the defendant.
17.14 Sec. 6. REVISOR'S INSTRUCTION.
17.15 The revisor of statutes shall renumber Minnesota Statutes, section 299F.011,
17.16subdivision 1, as Minnesota Statutes, section 326B.02, subdivision 5.
17.19 Section 1. Minnesota Statutes 2006, section 16B.04, subdivision 2, is amended to read:
17.20 Subd. 2. Powers and duties, general. Subject to other provisions of this chapter,
17.21the commissioner is authorized to:
17.22 (1) supervise, control, review, and approve all state contracts and purchasing;
17.23 (2) provide agencies with supplies and equipment and operate all central store or
17.24supply rooms serving more than one agency;
17.25 (3) investigate and study the management and organization of agencies, and
17.26reorganize them when necessary to ensure their effective and efficient operation;
17.27 (4) manage and control state property, real and personal;
17.28 (5) maintain and operate all state buildings, as described in section
17.29subdivision 1
17.30 (6) supervise, control, review, and approve all capital improvements to state
17.31buildings and the capitol building and grounds;
17.32 (7) provide central duplicating, printing, and mail facilities;
17.33 (8) oversee publication of official documents and provide for their sale;
18.1 (9) manage and operate parking facilities for state employees and a central motor
18.2pool for travel on state business; and
18.3
18.4
18.5center for children of state employees. The commissioner shall contract for services as
18.6provided in this chapter. The commissioner shall report back to the legislature by October
18.71, 1984, with the recommendation to implement the private day care operation.
18.8 Sec. 2. Minnesota Statutes 2006, section 16B.60, subdivision 4, is amended to read:
18.9 Subd. 4. Code. "Code" means the State Building Code adopted by the commissioner
18.10of labor and industry in consultation with each industry board and the Construction Codes
18.11Advisory Council in accordance with sections 16B.59 to 16B.75.
18.12 Sec. 3. Minnesota Statutes 2006, section 16B.60, subdivision 7, is amended to read:
18.13 Subd. 7.
18.14
18.15
18.16
18.17people who have a vision disability, a hearing disability, a disability of coordination, a
18.18disability of aging, or any other disability that significantly reduces mobility, flexibility,
18.19coordination, or perceptiveness.
18.20 Sec. 4. Minnesota Statutes 2006, section 16B.60, subdivision 8, is amended to read:
18.21 Subd. 8. Remodeling. "Remodeling" means deliberate reconstruction of an existing
18.22public building in whole or in part in order to bring it
18.23present uses of the structure and to which other rules on the upgrading of health and
18.24safety provisions are applicable.
18.25 Sec. 5. Minnesota Statutes 2006, section 16B.60, subdivision 11, is amended to read:
18.26 Subd. 11. State licensed
18.27a building and its grounds that are licensed by the state as a hospital, nursing home,
18.28supervised living facility, free-standing outpatient surgical center,
18.29boarding care home, or residential hospice.
19.1 Sec. 6. Minnesota Statutes 2006, section 16B.61, is amended to read:
19.216B.61 GENERAL POWERS OF COMMISSIONER OF LABOR AND
19.3INDUSTRY.
19.4 Subdivision 1. Adoption of code. Subject to sections
19.5commissioner shall by rule and in consultation with the Construction Codes Advisory
19.6Council establish a code of standards for the construction, reconstruction, alteration, and
19.7repair of buildings, governing matters of structural materials, design and construction,
19.8fire protection, health, sanitation, and safety, including design and construction standards
19.9regarding heat loss control, illumination, and climate control. The code must also include
19.10duties and responsibilities for code administration, including procedures for administrative
19.11action, penalties, and suspension and revocation of certification. The code must conform
19.12insofar as practicable to model building codes generally accepted and in use throughout
19.13the United States, including a code for building conservation. In the preparation of the
19.14code, consideration must be given to the existing statewide specialty codes presently in
19.15use in the state. Model codes with necessary modifications and statewide specialty codes
19.16may be adopted by reference. The code must be based on the application of scientific
19.17principles, approved tests, and professional judgment. To the extent possible, the code
19.18must be adopted in terms of desired results instead of the means of achieving those results,
19.19avoiding wherever possible the incorporation of specifications of particular methods or
19.20materials. To that end the code must encourage the use of new methods and new materials.
19.21Except as otherwise provided in sections
19.22administer and enforce the provisions of those sections.
19.23 The commissioner shall develop rules addressing the plan review fee assessed
19.24to similar buildings without significant modifications including provisions for use of
19.25building systems as specified in the industrial/modular program specified in section
19.27commensurate with the direct and indirect costs of the service.
19.28 Subd. 1a. Administration by commissioner. The commissioner shall administer
19.29and enforce the State Building Code as a municipality with respect to public buildings and
19.30state licensed facilities in the state. The commissioner shall establish appropriate permit,
19.31plan review,
19.32facilities.
19.33
19.34
19.35 Municipalities other than the state having an agreement with the commissioner
19.36for code administration and enforcement service for public buildings and state licensed
20.1facilities shall charge their customary fees, including surcharge, to be paid directly to the
20.2jurisdiction by the applicant seeking authorization to construct a public building or a state
20.3licensed facility. The commissioner shall sign an agreement with a municipality other than
20.4the state for plan review, code administration, and code enforcement service for public
20.5buildings and state licensed facilities in the jurisdiction if the building officials of the
20.6municipality meet the requirements of section
20.7and if the commissioner determines that the municipality has enough adequately trained
20.8and qualified building inspectors to provide those services for the construction project.
20.9 The commissioner may direct the state building official to assist a community that
20.10has been affected by a natural disaster with building evaluation and other activities related
20.11to building codes.
20.12 Administration and enforcement in a municipality under this section must apply
20.13any optional provisions of the State Building Code adopted by the municipality. A
20.14municipality adopting any optional code provision shall notify the state building official
20.15within 30 days of its adoption.
20.16 The commissioner shall administer and enforce the provisions of the code relating to
20.17elevators statewide, except as provided for under section
20.18 Subd. 2. Enforcement by certain bodies. Under the direction and supervision of
20.19the commissioner, the provisions of the code relating to electrical installations
20.20
20.21
20.22
20.23ammonia refrigeration piping
20.24of Labor and Industry. Fees for inspections conducted by the
20.25commissioner shall be paid in accordance with the rules of the
20.26department. Under direction of the commissioner of public safety, the state fire marshal
20.27shall enforce the State Fire Code as provided in chapter 299F. The commissioner
20.28
20.29mechanical code portion of the State Building Code to implement standards for process
20.30piping.
20.31 Subd. 3. Special requirements. (a) Space for commuter vans. The code must
20.32require that any parking ramp or other parking facility constructed in accordance with the
20.33code include an appropriate number of spaces suitable for the parking of motor vehicles
20.34having a capacity of seven to 16 persons and which are principally used to provide
20.35prearranged commuter transportation of employees to or from their place of employment
20.36or to or from a transit stop authorized by a local transit authority.
21.1 (b) Smoke detection devices. The code must require that all dwellings, lodging
21.2houses, apartment houses, and hotels as defined in section
21.3provisions of section
21.4 (c) Doors in nursing homes and hospitals. The State Building Code may not
21.5require that each door entering a sleeping or patient's room from a corridor in a nursing
21.6home or hospital with an approved complete standard automatic fire extinguishing system
21.7be constructed or maintained as self-closing or automatically closing.
21.8 (d) Child care facilities in churches; ground level exit. A licensed day care center
21.9serving fewer than 30 preschool age persons and which is located in a belowground space
21.10in a church building is exempt from the State Building Code requirement for a ground
21.11level exit when the center has more than two stairways to the ground level and its exit.
21.12
21.13
21.14
21.15
21.16
21.17
21.18
21.19
21.20
21.21specifying appropriate standards, the definition of
21.22constructed in accordance with the International Residential Code as adopted as part of the
21.23State Building Code applies to family and group family day care homes licensed by the
21.24Department of Human Services under Minnesota Rules, chapter 9502.
21.25
21.26the code may require stairways of existing multiple dwelling buildings of two stories or
21.27less to be enclosed.
21.28
21.29chapter of the code may prohibit double cylinder dead bolt locks in existing single-family
21.30homes, townhouses, and first floor duplexes used exclusively as a residential dwelling.
21.31Any recommendation or promotion of double cylinder dead bolt locks must include a
21.32warning about their potential fire danger and procedures to minimize the danger.
21.33
21.34or into a political subdivision of the state need not comply with the State Energy Code
21.35or section
21.36relocated building.
22.1
22.2residential buildings as defined in section
22.3sections
22.4
22.5on or after October 1, 1993, or an existing building on which remodeling affecting 50
22.6percent or more of the enclosed space is begun on or after October 1, 1993, the code must
22.7prohibit the use of internally illuminated exit signs whose electrical consumption during
22.8nonemergency operation exceeds 20 watts of resistive power. All other requirements in
22.9the code for exit signs must be complied with.
22.10
22.11decking surface and upper portions of exterior wood decks, patios, and balconies to be
22.12constructed of (1) heartwood from species of wood having natural resistance to decay or
22.13termites, including redwood and cedars, (2) grades of lumber which contain sapwood from
22.14species of wood having natural resistance to decay or termites, including redwood and
22.15cedars, or (3) treated wood. The species and grades of wood products used to construct the
22.16decking surface and upper portions of exterior decks, patios, and balconies must be made
22.17available to the building official on request before final construction approval.
22.18
22.19be imposed by municipalities under the State Building Code, except as required under
22.20section 326.47, subdivision 1. Permits for bioprocess piping shall be according to section
22.21326.47 administered by the Department of Labor and Industry. All data regarding the
22.22material production processes, including the bioprocess system's structural design and
22.23layout, are nonpublic data as provided by section 13.7911.
22.24 Subd. 3a. Recycling space. The code must require suitable space for the separation,
22.25collection, and temporary storage of recyclable materials within or adjacent to new or
22.26significantly remodeled structures that contain 1,000 square feet or more. Residential
22.27structures with fewer than four dwelling units are exempt from this subdivision.
22.28 Subd. 4. Review of plans for public buildings and state licensed facilities.
22.29 Construction or remodeling may not begin on any public building or state licensed facility
22.30until the plans and specifications have been approved by the commissioner or municipality
22.31under contractual agreement pursuant to subdivision 1a. The plans and specifications must
22.32be submitted for review, and within 30 days after receipt of the plans and specifications,
22.33the commissioner or municipality under contractual agreement shall notify the submitting
22.34authority of any corrections.
22.35 Subd. 5. Accessibility. (a) Public buildings. The code must provide for making
22.36public buildings constructed or remodeled after July 1, 1963, accessible to and usable by
23.1
23.2of public buildings solely to provide accessibility and usability to
23.3persons with disabilities when remodeling would not otherwise be undertaken.
23.4 (b) Leased space. No agency of the state may lease space for agency operations
23.5in a non-state-owned building unless the building satisfies the requirements of the State
23.6Building Code for accessibility by
23.7is eligible to display the state symbol of accessibility. This limitation applies to leases
23.8of 30 days or more for space of at least 1,000 square feet.
23.9 (c) Meetings or conferences. Meetings or conferences for the public or for state
23.10employees which are sponsored in whole or in part by a state agency must be held in
23.11buildings that meet the State Building Code requirements relating to accessibility for
23.12
23.13classes, seminars, or training programs offered by the Minnesota State Colleges and
23.14Universities or the University of Minnesota. Meetings or conferences intended for specific
23.15individuals none of whom need the accessibility features for
23.16disabilities specified in the State Building Code need not comply with this subdivision
23.17unless a
23.18attend the meeting or conference. When sign language interpreters will be provided,
23.19meetings or conference sites must be chosen which allow hearing impaired participants to
23.20see their signing clearly.
23.21 (d) Exemptions. The commissioner may grant an exemption from the requirements
23.22of paragraphs (b) and (c) in advance if an agency has demonstrated that reasonable
23.23efforts were made to secure facilities which complied with those requirements and if the
23.24selected facilities are the best available for access for
23.25Exemptions shall be granted using criteria developed by the commissioner in consultation
23.26with the Council on Disability.
23.27 (e) Symbol indicating access. The wheelchair symbol adopted by Rehabilitation
23.28International's Eleventh World Congress is the state symbol indicating buildings, facilities,
23.29and grounds which are accessible to and usable by
23.30the interests of uniformity, this symbol is the sole symbol for display in or on all public
23.31or private buildings, facilities, and grounds which qualify for its use. The secretary of
23.32state shall obtain the symbol and keep it on file. No building, facility, or grounds may
23.33display the symbol unless it is in compliance with the rules adopted by the commissioner
23.34under subdivision 1. Before any rules are proposed for adoption under this paragraph,
23.35the commissioner shall consult with the Council on Disability. Rules adopted under this
24.1paragraph must be enforced in the same way as other accessibility rules of the State
24.2Building Code.
24.3 (f) Municipal enforcement. Municipalities which have not adopted the State
24.4Building Code may enforce the building code requirements for
24.5disabilities by either entering into a joint powers agreement for enforcement with another
24.6municipality which has adopted the State Building Code; or contracting for enforcement
24.7with an individual certified under section
24.8Building Code.
24.9
24.10
24.11
24.12
24.13
24.14
24.15
24.16 Subd. 6. Energy efficiency. The code must provide for building new low-income
24.17housing in accordance with energy efficiency standards adopted under subdivision 1.
24.18For purposes of this subdivision, low-income housing means residential housing built
24.19for low-income persons and families under a program of a housing and redevelopment
24.20authority, the Minnesota Housing Finance Agency, or another entity receiving money
24.21from the state to construct such housing.
24.22 Subd. 7. Access for the hearing-impaired. All rooms in the State Office Building
24.23and in the Capitol that are used by the house of representatives or the senate for legislative
24.24hearings, and the public galleries overlooking the house and senate chambers, must
24.25be fitted with assistive listening devices for the hearing-impaired. Each hearing room
24.26and the public galleries must have a sufficient number of receivers available so that
24.27hearing-impaired members of the public may participate in the committee hearings and
24.28public sessions of the house and senate.
24.29 Subd. 8. Separate metering for electric service. The standards concerning heat
24.30loss, illumination, and climate control adopted pursuant to subdivision 1, shall require
24.31that electrical service to individual dwelling units in buildings containing two or more
24.32units be separately metered, with individual metering readily accessible to the individual
24.33occupants. The standards authorized by this subdivision shall only apply to buildings
24.34constructed after the effective date of the amended standards. Buildings intended for
24.35occupancy primarily by persons who are 62 years of age or older or disabled, or which
25.1contain a majority of units not equipped with complete kitchen facilities, shall be exempt
25.2from the provisions of this subdivision.
25.3 Sec. 7. Minnesota Statutes 2006, section 16B.615, subdivision 4, is amended to read:
25.4 Subd. 4. Rules. The commissioner
25.5this section. The rules may provide for a greater ratio of women's to men's facilities
25.6for certain types of occupancies than is required in subdivision 3, and may apply the
25.7required ratios to categories of occupancies other than those defined as places of public
25.8accommodation under subdivision 1.
25.9 Sec. 8. Minnesota Statutes 2006, section 16B.617, is amended to read:
25.1016B.617 ENERGY CODE RULES REMAIN IN EFFECT.
25.11 (a) Notwithstanding Laws 1999, chapter 135, section 9, Minnesota Rules, chapter
25.127670, does not expire on April 15, 2000, but remains in effect for residential buildings not
25.13covered by Minnesota Rules, chapter 7676. The provisions of Minnesota Rules, chapter
25.147670, that apply to category 1 buildings govern new, detached single one- and two-family
25.15R-3 occupancy residential buildings. All new, detached single one- and two-family R-3
25.16occupancy buildings subject to Minnesota Rules, chapter 7670, submitting an application
25.17for a building permit after April 14, 2000, must meet the requirements for category 1
25.18buildings, as set out in Minnesota Rules, chapter 7670.
25.19 (b) As an alternative to compliance with paragraph (a), compliance with Minnesota
25.20Rules, chapters 7672 and 7674, is optional for a contractor or owner.
25.21
25.22
25.23
25.24
25.25
25.26
25.27
25.28
25.29
25.30energy code in accordance with Laws 2002, chapter 317, section 4.
25.31 Sec. 9. Minnesota Statutes 2006, section 16B.6175, is amended to read:
25.3216B.6175 ENERGY CODE.
26.1 Notwithstanding section
26.2consultation with the Construction Codes Advisory Council, shall explore and review the
26.3availability and appropriateness of any model energy codes related to the construction
26.4of single one- and two-family residential buildings. In consultation with the council, the
26.5commissioner shall take steps to adopt the chosen code with all necessary and appropriate
26.6amendments.
26.7 The commissioner may not adopt all or part of a model energy code relating to
26.8the construction of residential buildings without research and analysis that addresses,
26.9at a minimum, air quality, building durability, moisture, enforcement, enforceability
26.10cost benefit, and liability. The research and analysis must be completed in cooperation
26.11with practitioners in residential construction and building science and an affirmative
26.12recommendation by the Construction Codes Advisory Council.
26.13 Sec. 10. Minnesota Statutes 2006, section 16B.63, is amended to read:
26.1416B.63 STATE BUILDING OFFICIAL.
26.15 Subdivision 1. Appointment. The commissioner shall appoint a state building
26.16official who under the direction and supervision of the commissioner shall administer
26.17the code.
26.18 Subd. 2. Qualifications. To be eligible for appointment as state building official an
26.19individual must be competent in the field of administration and shall have the experience
26.20in building design, construction, and supervision which the commissioner considers
26.21necessary.
26.22 Subd. 3. Powers and duties. The state building official may, with the approval of
26.23the commissioner, employ personnel necessary to carry out the inspector's function under
26.24sections
26.25
26.26
26.27to municipalities and interested parties for a fee prescribed by the commissioner. The
26.28state building official shall perform other duties in administering the code assigned by
26.29the commissioner.
26.30 Subd. 4. Accessibility specialists. The state building official shall, with the
26.31approval of the commissioner, assign three department employees to assist municipalities
26.32in complying with section
26.33 Subd. 5. Interpretative authority. To achieve uniform and consistent application
26.34of the State Building Code, the
26.35authority applicable to all codes adopted as part of the State Building Code except for the
27.1Plumbing Code and the Electrical Code
27.2A final interpretative committee composed of seven members, consisting of three
27.3building officials, two inspectors from the affected field, and two construction industry
27.4representatives, shall review requests for final interpretations relating to that field
27.5
27.6has final interpretative authority applicable to the State Plumbing Code and shall review
27.7requests for final interpretation made to the board that relate to the State Plumbing Code.
27.8The Board of Electricity has final interpretative authority applicable to the State Electrical
27.9Code and shall review requests for final interpretation made to the board that relate to the
27.10State Electrical Code. The Board of High Pressure Piping Systems has final interpretative
27.11authority applicable to the State High Pressure Piping Code and shall review requests
27.12for final interpretation made to the board that relate to the State High Pressure Piping
27.13Code. Except for requests for final interpretations that relate to the State Plumbing Code,
27.14the State Electrical Code, and the State High Pressure Piping Code, requests for final
27.15interpretation must come from a local or state level building code board of appeals. The
27.16
27.17interpretative committees. The appropriate committee shall review the request and make
27.18a recommendation to the
27.19within 30 days of the request. The
27.20interpretation within ten business days
27.21the
27.22or the Board of High Pressure Piping Systems shall review a request and issue a final
27.23interpretation within 30 days of the request. Any person aggrieved by a final interpretation
27.24may
27.25commissioner
27.26final interpretation must be published within ten business days of its issuance and made
27.27available to the public. Municipal building officials shall administer all final interpretations
27.28issued by the
27.29Electricity, or the Board of High Pressure Piping Systems until the final interpretations
27.30are considered by the commissioner, the Plumbing Board, the Board of Electricity, or the
27.31Board of High Pressure Piping Systems for adoption as part of the State Building Code,
27.32State Plumbing Code, State Electrical Code, and the State High Pressure Piping Code.
27.33 Sec. 11. Minnesota Statutes 2006, section 16B.64, is amended by adding a subdivision
27.34to read:
28.1 Subd. 8. Effective date of rules. A rule to adopt or amend the state building code
28.2is effective 180 days after the filing of the rule with the secretary of state under section
28.314.16 or 14.26. The rule may provide for a different effective date if the commissioner or
28.4board proposing the rule finds that a different effective date is necessary to protect public
28.5health and safety after considering, among other things, the need for time for training of
28.6individuals to comply with and enforce the rule.
28.7 Sec. 12. Minnesota Statutes 2006, section 16B.65, is amended to read:
28.816B.65 BUILDING OFFICIALS.
28.9 Subdivision 1. Designation.
28.10a building official to administer the code. A municipality may designate no more than one
28.11building official responsible for code administration defined by each certification category
28.12established in rule. Two or more municipalities may combine in the designation of a
28.13building official for the purpose of administering the provisions of the code within their
28.14communities. In those municipalities for which no building officials have been designated,
28.15the state building official may use whichever state employees are necessary to perform
28.16the duties of the building official until the municipality makes a temporary or permanent
28.17designation. All costs incurred by virtue of these services rendered by state employees
28.18must be borne by the involved municipality and receipts arising from these services must
28.19be paid
28.20 Subd. 2. Qualifications. A building official, to be eligible for designation, must
28.21be certified and have the experience in design, construction, and supervision which
28.22the commissioner deems necessary and must be generally informed on the quality and
28.23strength of building materials, accepted building construction requirements, and the nature
28.24of equipment and needs conducive to the safety, comfort, and convenience of building
28.25occupants. No person may be designated as a building official for a municipality unless
28.26the commissioner determines that the official is qualified as provided in subdivision 3.
28.27 Subd. 3. Certification. The commissioner shall by rule establish certification
28.28criteria as proof of qualification pursuant to subdivision 2. The commissioner may:
28.29 (1)
28.30to determine if a person is qualified pursuant to subdivision 2 to be a building official;
28.31 (2) accept documentation of successful completion of testing programs developed
28.32and administered by nationally recognized testing agencies, as proof of qualification
28.33pursuant to subdivision 2; or
28.34 (3) determine qualifications by
28.35clause (2) and a mandatory training program developed or approved by the commissioner.
29.1 Upon a determination of qualification under clause (1), (2), or
29.2the commissioner shall issue a certificate to the building official stating that the official
29.3is certified. Each person applying for examination and certification pursuant to this
29.4section shall pay a nonrefundable fee of $70. The commissioner or a designee may
29.5establish categories of certification that will recognize the varying complexities of code
29.6enforcement in the municipalities within the state. The commissioner shall provide
29.7educational programs designed to train and assist building officials in carrying out their
29.8responsibilities.
29.9
29.10
29.11 Subd. 4. Duties. Building officials shall, in the municipality for which they
29.12are designated, be responsible for all aspects of code administration for which they
29.13are certified, including the issuance of all building permits and the inspection of all
29.14manufactured home installations. The commissioner may direct a municipality with
29.15a building official to perform services for another municipality, and in that event the
29.16municipality being served shall pay the municipality rendering the services the reasonable
29.17costs of the services. The costs may be subject to approval by the commissioner.
29.18 Subd. 5. Oversight committee. (a) The commissioner shall establish a Code
29.19Administration Oversight Committee
29.20commissioner's request, recommend to the commissioner
29.21
29.22326B.82, in response to
29.23commissioner
29.24engaged in, or is about to engage in, the unauthorized performance of
29.25of a certified building official or the unauthorized use of the
29.26title; or
29.27agreement, settlement, compliance agreement, cease and desist agreement, or order that
29.28the commissioner has adopted, issued, or
29.29that is related to the duties of a certified building official.
29.30 (b) The committee
29.31commissioner's designee and five members shall be certified building officials
29.32appointed by the commissioner. At least two of
29.33officials must be from nonmetropolitan counties. For the committee members
29.34
29.35and removal from the oversight committee is governed by section
29.36The commissioner's designee shall
30.1serve as the chair of the oversight committee and shall not vote. The terms of the appointed
30.2members of the oversight committee shall be four years. The terms of three of the
30.3appointed members shall be coterminous with the governor and the terms of the remaining
30.4two appointed members shall end on the first Monday in January one year after the terms
30.5of the other appointed members expire. An appointed member may be reappointed. The
30.6committee is not subject to the expiration provisions of section 15.059, subdivision 5.
30.7
30.8
30.9performance of
30.10of the
30.11has violated a statute, rule, stipulation, agreement, settlement, compliance agreement,
30.12cease and desist agreement, or order that the commissioner has adopted, issued, or is
30.13
30.14the commissioner may
30.15
30.16individual pursuant to section 326B.082, subdivisions 7 and 11.
30.17
30.18
30.19
30.20
30.21
30.22
30.23
30.24
30.25 Subd. 5b.
30.26
30.27
30.28
30.29commissioner may deny, suspend, limit, place conditions on, or revoke a certificate, or
30.30may censure an applicant or individual holding a certificate, if the applicant or individual:
30.31 (1) violates a provision of sections
30.32sections; or
30.33 (2) engages in fraud, deceit, or misrepresentation while performing the duties of a
30.34certified building official
30.35
30.36
31.1
31.2
31.3
31.4otherwise affects the authority of a municipality to dismiss or suspend a building official
31.5at its discretion, except as otherwise provided for by law.
31.6 Subd. 5c. Action against unlicensed persons. The commissioner may take any
31.7administrative action provided under section 326B.082, against an individual required
31.8to be certified under subdivision 3, based upon conduct that would provide grounds for
31.9action against a certificate holder under this section.
31.10 Subd. 6. Vacancies. In the event that a designated building official position is
31.11vacant within a municipality, that municipality shall designate a certified building official
31.12to fill the vacancy as soon as possible. The commissioner must be notified of any vacancy
31.13or designation in writing within 15 days. If the municipality fails to designate a certified
31.14building official within 15 days of the occurrence of the vacancy, the state building official
31.15may provide state employees to serve that function as provided in subdivision 1 until the
31.16municipality makes a temporary or permanent designation. Municipalities must not issue
31.17permits without a designated certified building official.
31.18 Subd. 7. Continuing education. Subject to sections
31.19commissioner may by rule establish or approve continuing education programs for
31.20
31.21inspection, and enforcement.
31.22 Each person certified as a building official for the state must satisfactorily complete
31.23applicable educational programs established or approved by the commissioner
31.24
31.25
31.26
31.27
31.28
31.29
31.30 Subd. 8. Renewal. (a) Subject to sections 16B.59 to 16B.76, the commissioner of
31.31labor and industry may by rule adopt standards dealing with renewal requirements.
31.32 (b) If the commissioner has not issued a notice of denial of application for a
31.33certificate holder and if the certificate holder has properly and timely filed a fully completed
31.34renewal application, then the certificate holder may continue to engage in building official
31.35activities whether or not the renewed certificate has been received. Applications must be
31.36made on a form approved by the commissioner. Each application for renewal must be
32.1fully completed, and be accompanied by proof of the satisfactory completion of minimum
32.2continuing education requirements and the certification renewal fee established by the
32.3commissioner. Applications are timely if received prior to the expiration of the most
32.4recently issued certificate. An application for renewal that does not contain all of the
32.5information requested is an incomplete application and will not be accepted.
32.6 Subd. 9. Expiration. All certificates expire at 11:59:59 p.m. central time on the
32.7date of expiration if not properly renewed in accordance with subdivision 8, paragraph (b).
32.8 Subd. 10. Failure to renew. An individual who has failed to make a timely
32.9application for renewal of a certificate is not certified and must not serve as the designated
32.10building official for any municipality until a renewed certificate has been issued by the
32.11commissioner.
32.12EFFECTIVE DATE.This section is effective July 1, 2007.
32.13 Sec. 13. Minnesota Statutes 2006, section 16B.70, is amended to read:
32.1416B.70 SURCHARGE.
32.15 Subdivision 1. Computation. To defray the costs of administering sections
32.17connection with the construction of or addition or alteration to buildings and equipment or
32.18appurtenances after June 30, 1971. The commissioner may use any surplus in surcharge
32.19receipts to award grants for code research and development and education.
32.20 If the fee for the permit issued is fixed in amount the surcharge is equivalent to
32.21one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
32.22permits, the surcharge is as follows:
32.23 (1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
32.24surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
32.25or alteration;
32.26 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
32.27mill (.0004) of the value between $1,000,000 and $2,000,000;
32.28 (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
32.29mill (.0003) of the value between $2,000,000 and $3,000,000;
32.30 (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
32.31mill (.0002) of the value between $3,000,000 and $4,000,000;
32.32 (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
32.33mill (.0001) of the value between $4,000,000 and $5,000,000; and
33.1 (6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
33.2mill (.00005) of the value that exceeds $5,000,000.
33.3 Subd. 2. Collection and reports. All permit surcharges must be collected by each
33.4municipality and a portion of them remitted to the state. Each municipality having a
33.5population greater than 20,000 people shall prepare and submit to the commissioner once
33.6a month a report of fees and surcharges on fees collected during the previous month
33.7but shall retain the greater of two percent or that amount collected up to $25 to apply
33.8against the administrative expenses the municipality incurs in collecting the surcharges.
33.9All other municipalities shall submit the report and surcharges on fees once a quarter
33.10but shall retain the greater of four percent or that amount collected up to $25 to apply
33.11against the administrative expenses the municipalities incur in collecting the surcharges.
33.12The report, which must be in a form prescribed by the commissioner, must be submitted
33.13together with a remittance covering the surcharges collected by the 15th day following
33.14the month or quarter in which the surcharges are collected.
33.15
33.16
33.17
33.18
33.19 Subd. 3. Revenue to equal costs. Revenue received from the surcharge imposed
33.20in subdivision 1 should approximately equal the cost, including the overhead cost, of
33.21administering sections
33.22must report to the commissioner of finance and to the legislature on changes in the
33.23surcharge imposed in subdivision 1 needed to comply with this policy. In making this
33.24report, the commissioner must assume that the services associated with administering
33.25sections
33.26the fiscal year in which the report is made.
33.27EFFECTIVE DATE.This section is effective July 1, 2007.
33.28 Sec. 14. Minnesota Statutes 2006, section 16B.72, is amended to read:
33.2916B.72 REFERENDA ON STATE BUILDING CODE IN
33.30NONMETROPOLITAN COUNTIES.
33.31 Notwithstanding any other provision of law to the contrary, a county that is not a
33.32metropolitan county as defined by section
33.33of the majority of its electors residing outside of municipalities that have adopted the State
33.34Building Code before January 1, 1977, that no part of the State Building Code except the
34.1building requirements for
34.2safety, and the requirements for elevator safety applies within its jurisdiction.
34.3 The county board may submit to the voters at a regular or special election the
34.4question of adopting the building code. The county board shall submit the question to
34.5the voters if it receives a petition for the question signed by a number of voters equal
34.6to at least five percent of those voting in the last general election. The question on the
34.7ballot must be stated substantially as follows:
34.8 "Shall the State Building Code be adopted in .......... County?"
34.9 If the majority of the votes cast on the proposition is in the negative, the State
34.10Building Code does not apply in the subject county, outside home rule charter or statutory
34.11cities or towns that adopted the building code before January 1, 1977, except the building
34.12requirements for
34.13and the requirements for elevator safety do apply.
34.14 Nothing in this section precludes a municipality or town that has not adopted the
34.15State Building Code from adopting and enforcing by ordinance or other legal means the
34.16State Building Code within its jurisdiction.
34.17 Sec. 15. Minnesota Statutes 2006, section 16B.73, is amended to read:
34.1816B.73 STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
34.19LOCAL OPTION.
34.20 The governing body of a municipality whose population is less than 2,500 may
34.21provide that the State Building Code, except the requirements for
34.22disabilities, the requirements for bleacher safety, and the requirements for elevator
34.23safety, will not apply within the jurisdiction of the municipality, if the municipality is
34.24located in whole or in part within a county exempted from its application under section
34.26Code continues to apply unless all municipalities having jurisdiction over the area have
34.27provided that the State Building Code, except the requirements for
34.28disabilities, the requirements for bleacher safety, and the requirements for elevator safety,
34.29does not apply within their respective jurisdictions. Nothing in this section precludes a
34.30municipality or town from adopting and enforcing by ordinance or other legal means the
34.31State Building Code within its jurisdiction.
34.32 Sec. 16. Minnesota Statutes 2006, section 16B.735, is amended to read:
34.3316B.735 ENFORCEMENT OF REQUIREMENTS FOR
34.34PERSONS WITH DISABILITIES.
35.1 A statutory or home rule charter city that is not covered by the State Building Code
35.2because of action taken under section
35.3the city of the State Building Code's requirements for
35.4all other areas where the State Building Code does not apply because of action taken under
35.5section
35.6 Sec. 17. Minnesota Statutes 2006, section 16B.74, subdivision 1, is amended to read:
35.7 Subdivision 1. Applicability.
35.816B.72, 16B.73, and 16B.74
35.9
35.10have the
35.11EFFECTIVE DATE.This section is effective the day following final enactment.
35.12 Sec. 18. Minnesota Statutes 2006, section 16B.74, subdivision 2, is amended to read:
35.13 Subd. 2. Passenger or freight elevator. "Passenger or freight elevator" means
35.14all elevators except those that comply with the safety rules of the department
35.15
35.16or continuous pressure operation.
35.17 Sec. 19. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
35.18to read:
35.19 Subd. 7. Elevator inspection. "Elevator inspection" means an examination of
35.20elevator installations, repairs, alterations, removal, and construction for compliance with
35.21the State Building Code that may include witnessing tests performed on elevators by
35.22elevator personnel, performing tests on elevators, or an audit of records related to routine
35.23and periodic maintenance and testing, or any combination thereof when performed by the
35.24department or a municipality authorized to perform such inspections.
35.25EFFECTIVE DATE.This section is effective the day following final enactment.
35.26 Sec. 20. Minnesota Statutes 2006, section 16B.74, is amended by adding a subdivision
35.27to read:
35.28 Subd. 8. Elevator inspector. "Elevator inspector" means an individual who meets
35.29the requirements established pursuant to section 16B.748, clause (1), who is performing
35.30elevator inspections for the department or a municipality authorized to perform such
35.31inspections.
36.1EFFECTIVE DATE.This section is effective the day following final enactment.
36.2 Sec. 21. Minnesota Statutes 2006, section 16B.741, is amended to read:
36.316B.741 ELEVATOR
36.4 Subdivision 1. Elevator available for inspection. A person
36.5
36.6subject to inspection by the department, shall, upon request, provide access at a reasonable
36.7hour to the elevator for purposes of inspection.
36.8 Subd. 2. Persons required to report. The following persons shall report the
36.9information specified in subdivision 3 to the commissioner by January 1, 2008:
36.10 (a) any person that, between August 1, 2005, and July 31, 2007, has provided
36.11service, alteration, repair, or maintenance to any elevator located in Minnesota;
36.12 (b) any person that, between August 1, 2005, and July 31, 2007, has entered into an
36.13agreement to provide service, alteration, repair, or maintenance to any elevator located
36.14in Minnesota;
36.15 (c) any person that owns or controls an elevator located in Minnesota that, between
36.16August 1, 2005, and July 31, 2007, has not received service, alteration, repair, or
36.17maintenance on the elevator; or
36.18 (d) any person that owns or controls an elevator located in Minnesota that, between
36.19August 1, 2005, and July 31, 2007, has not entered into an agreement to receive service,
36.20alteration, repair, or maintenance on the elevator.
36.21 Subd. 3. Elevator location, type, and installation date. On a form prescribed by
36.22the commissioner, the persons required to report pursuant to subdivision 2 shall provide
36.23the following:
36.24 (a) the location of each elevator;
36.25 (b) the type of each elevator; and
36.26 (c) the date the elevator was installed.
36.27 Subd. 4. Definition. As used in this section, "elevator" is as defined in section
36.2816B.74, subdivision 5.
36.29EFFECTIVE DATE.This section is effective the day following final enactment.
36.30 Sec. 22. Minnesota Statutes 2006, section 16B.744, is amended to read:
36.3116B.744 ELEVATORS, ENTRANCES SEALED.
36.32 It shall be the duty of the department
36.33of any municipality which adopts any such ordinance whenever it finds any such elevator
37.1under its jurisdiction in use in violation of any provision of sections
37.2seal the entrances of such elevator and attach a notice forbidding the use of such elevator
37.3until the provisions thereof are complied with.
37.4 Sec. 23. Minnesota Statutes 2006, section 16B.745, subdivision 1, is amended to read:
37.5 Subdivision 1. Removal of seal. No person, firm, or corporation may remove any
37.6seal or notice forbidding the use of an elevator, except by authority of the department
37.7
37.8an elevator after a notice has been attached forbidding its use, unless the notice has been
37.9removed by authority of the department
37.10having jurisdiction over the elevator.
37.11 Sec. 24. Minnesota Statutes 2006, section 16B.745, subdivision 4, is amended to read:
37.12 Subd. 4. Penalties. The commissioner
37.14the commissioner may impose a penalty of up to
37.15provision of sections
37.16 Sec. 25. Minnesota Statutes 2006, section 16B.747, is amended to read:
37.1716B.747 FEES FOR LICENSURE AND
37.18 Subdivision 1. Permits. No person
37.19or remove an elevator without first filing an application for a permit with the department
37.20
37.21
37.22
37.23 Subd. 1a. Annual operating permit. No person may operate an elevator without
37.24first obtaining an annual operating permit from the department or a municipality
37.25authorized by subdivision 3 to issue annual operating permits. A $100 annual operating
37.26permit fee must be paid to the department for each annual operating permit issued by the
37.27department, except that the original annual operating permit must be included in the
37.28permit fee for the initial installation of the elevator. Annual operating permits must be
37.29issued at 12-month intervals from the date of the initial annual operating permit. For each
37.30subsequent year, an owner must be granted an annual operating permit for the elevator
37.31upon the owner's or owner's agent's submission of a form prescribed by the commissioner
37.32and payment of the $100 fee. Each form must include the location of the elevator, the
37.33results of any periodic test required by the code, and any other criteria established by rule.
38.1An annual operating permit may be revoked by the commissioner upon an audit of the
38.2periodic testing results submitted with the application or a failure to comply with elevator
38.3code requirements, inspections, or any other law related to elevators.
38.4 Subd. 2. Contractor licenses. The commissioner may establish criteria for the
38.5qualifications of elevator contractors and issue licenses based upon proof of the applicant's
38.6qualifications.
38.7 Subd. 3. Permissive municipal regulation. A municipality may conduct a system
38.8of elevator inspection in conformity with this chapter, State Building Code requirements,
38.9and adopted rules that includes the inspection of elevator installation, repair, alteration,
38.10and removal, construction,
38.11elevators, and the issuance of annual operating permits. The municipality shall employ
38.12inspectors meeting the minimum requirements established by Minnesota Rules to perform
38.13the inspections and to witness the tests. A municipality may establish and retain its own
38.14fees for inspection of elevators and related devices in its jurisdiction. A municipality may
38.15establish and retain its own fees for issuance of annual operating permits for elevators
38.16in its jurisdiction. A municipality may not adopt standards that do not conform to the
38.17uniform standards prescribed by the department.
38.18 If the commissioner determines that a municipality is not properly administering
38.19and enforcing the law, rules, and codes, the commissioner shall have the inspection,
38.20administration, and enforcement undertaken by a qualified inspector employed by the
38.21department.
38.22
38.23
38.24EFFECTIVE DATE.This section is effective July 1, 2007.
38.25 Sec. 26. Minnesota Statutes 2006, section 16B.748, is amended to read:
38.2616B.748 RULES.
38.27 The commissioner may adopt rules for the following purposes:
38.28 (1) to establish minimum qualifications for elevator inspectors that must include
38.29possession of a current elevator constructor electrician's license issued by the
38.30
38.31industry education program examination or equivalent experience;
38.32 (2) to establish minimum qualifications for limited elevator inspectors;
38.33
39.1
39.22
39.3
39.4chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
39.5advice from the elevator trade, building owners or managers, and others knowledgeable in
39.6the installation, construction, and repair of elevators; and
39.7
39.8EFFECTIVE DATE.This section is effective the day following final enactment.
39.9 Sec. 27. Minnesota Statutes 2006, section 16B.76, is amended to read:
39.1016B.76 CONSTRUCTION CODES ADVISORY COUNCIL.
39.11 Subdivision 1. Membership. (a) The Construction Codes Advisory Council
39.12consists of the following members:
39.13 (1) the commissioner
39.14the department's
39.15Division;
39.16
39.17
39.18
39.19public safety's designee representing the
39.20Fire Marshal Division;
39.21
39.22
39.23
39.24of the following occupations
39.25or industries:
39.26 (i)
39.27 (ii)
39.28 (iii)
39.29 (iv)
39.30 (v)
39.31and managers;
39.32 (vi)
39.33 (vii)
39.34 (viii)
40.1 (ix) a member of the Plumbing
40.2 (x) a
40.3the Board of Electricity;
40.4
40.5Pressure Piping Systems;
40.6 (xii) the boiler industry;
40.7 (xiii) the manufactured housing industry;
40.8 (xiv) public utility suppliers;
40.9 (xv) the Minnesota Building and Construction Trades Council; and
40.10 (xvi) local units of government.
40.11 (b) The commissioner or the commissioner's designee representing the department's
40.12Construction Codes and Licensing Division shall serve as chair of the advisory council.
40.13For members who are not state officials or employees,
40.14
40.16members of the advisory council shall be four years. The terms of eight of the appointed
40.17members shall be coterminous with the governor and the terms of the remaining nine
40.18appointed members shall end on the first Monday in January one year after the terms of
40.19the other appointed members expire. An appointed member may be reappointed. Each
40.20council member shall appoint an alternate to serve in their absence. The committee is not
40.21subject to the expiration provision of section 15.059, subdivision 5.
40.22
40.23 Subd. 2. Duties of council. The council shall review laws, codes, rules, standards,
40.24and licensing requirements relating to building construction and may:
40.25 (1) recommend ways to eliminate inconsistencies, to streamline construction
40.26regulation and construction
40.27and among jurisdictions;
40.28 (2) review and comment on current and proposed laws and rules to promote
40.29coordination and consistency;
40.30 (3) advise agencies on possible changes in rules to make them easier to understand
40.31and apply; and
40.32 (4) promote the coordination, within each jurisdiction, of the administration and
40.33enforcement of construction codes.
40.34 The council shall meet a minimum of four times each year. The council shall
40.35report its findings and recommendations to the commissioner
40.36
41.1
41.2council
41.3subcommittees, it shall include in their memberships representation from entities and
41.4organizations expressing an interest in membership. The commissioner
41.5shall maintain a list of interested entities and organizations.
41.6 Subd. 3. Agency cooperation. State agencies and local governmental units shall
41.7cooperate with the council and, so far as possible, provide information or assistance to
41.8it upon its request. The commissioner
41.9and administrative support to the council.
41.10 Sec. 28. Minnesota Statutes 2006, section 326.992, is amended to read:
41.11326.992 BOND REQUIRED FOR CERTAIN CONTRACTORS.
41.12 (a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
41.13fuel burning, or refrigeration work must give bond to the state in the amount of $25,000 for
41.14all work entered into within the state. The bond must be for the benefit of persons suffering
41.15financial loss by reason of the contractor's failure to comply with the requirements of the
41.16State Mechanical Code. A bond given to the state must be filed with the commissioner
41.17
41.18work covered by this section. The bond must be written by a corporate surety licensed to
41.19do business in the state.
41.20 (b) The commissioner
41.21this section an annual bond filing fee of $15.
41.22
41.23
41.24EFFECTIVE DATE.This section is effective July 1, 2007.
41.25 Sec. 29. Minnesota Statutes 2006, section 327.31, subdivision 2, is amended to read:
41.26 Subd. 2. Authorized representative. "Authorized representative" means any
41.27person, firm or corporation, or employee thereof, approved or hired by the commissioner
41.28of labor and industry to perform inspection services.
41.29 Sec. 30. Minnesota Statutes 2006, section 327.31, subdivision 3, is amended to read:
41.30 Subd. 3. Manufactured Home Building Code. "Manufactured Home Building
41.31Code" means, for manufactured homes manufactured after July 1, 1972, and prior to June
41.3215, 1976, the standards code promulgated by the American National Standards Institute
42.1and identified as ANSI A119.1, including all revisions thereof in effect on May 21, 1971,
42.2or the provisions of the National Fire Protection Association and identified as NFPA 501B,
42.3and further revisions adopted by the commissioner of labor and industry.
42.4 "Manufactured Home Building Code" means, for manufactured homes constructed
42.5after June 14, 1976, the manufactured home construction and safety standards promulgated
42.6by the United States Department of Housing and Urban Development which are in effect
42.7at the time of the manufactured home's manufacture.
42.8 Sec. 31. Minnesota Statutes 2006, section 327.31, subdivision 4, is amended to read:
42.9 Subd. 4. Commissioner. "Commissioner" means the commissioner of
42.10
42.11 Sec. 32. Minnesota Statutes 2006, section 327.31, is amended by adding a subdivision
42.12to read:
42.13 Subd. 6a. Individual. "Individual" means a human being.
42.14 Sec. 33. Minnesota Statutes 2006, section 327.31, subdivision 7, is amended to read:
42.15 Subd. 7. Person. "Person" means
42.16
42.17or unincorporated association, sole proprietorship, joint stock company, or any other
42.18legal or commercial entity.
42.19 Sec. 34. Minnesota Statutes 2006, section 327.31, subdivision 15, is amended to read:
42.20 Subd. 15. Purchaser. "Purchaser" means the first
42.21manufactured home in good faith for purposes other than resale.
42.22 Sec. 35. Minnesota Statutes 2006, section 327.32, subdivision 8, is amended to read:
42.23 Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer
42.24shall establish and maintain records, make reports, and provide information as the
42.25commissioner or the secretary may reasonably require to be able to determine whether
42.26the manufacturer, distributor, or dealer has acted or is acting in compliance with sections
42.28or the secretary, permit that person to inspect appropriate books, papers, records, and
42.29documents relevant to determining whether that manufacturer, distributor, or dealer
42.30has acted or is acting in compliance with sections
42.31Manufactured Home Construction and Safety Standards Act of 1974, United States
43.1Code, title 42, section 5401, et seq., as amended by the National Manufactured Housing
43.2Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
43.3Act of 2000, or other applicable federal or state law.
43.4 Sec. 36. Minnesota Statutes 2006, section 327.33, subdivision 2, is amended to read:
43.5 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
43.6installation seals and inspections which are sufficient to cover all costs incurred in the
43.7administration of sections
43.8rule a monitoring inspection fee in an amount that will comply with the secretary's fee
43.9distribution program. This monitoring inspection fee shall be an amount paid by the
43.10manufacturer for each manufactured home produced in Minnesota. The monitoring
43.11inspection fee shall be paid by the manufacturer to the secretary. The rules of the
43.12fee distribution program require the secretary to distribute the fees collected from all
43.13manufactured home manufacturers among states approved and conditionally approved
43.14based on the number of new manufactured homes whose first location after leaving the
43.15manufacturer is on the premises of a distributor, dealer or purchaser in that state.
43.16
43.17
43.18
43.19
43.20EFFECTIVE DATE.This section is effective July 1, 2007.
43.21 Sec. 37. Minnesota Statutes 2006, section 327.33, subdivision 6, is amended to read:
43.22 Subd. 6. Authorization as agency. The commissioner shall apply to the secretary
43.23for approval of the commissioner as the administrative agency for the regulation of
43.24manufactured homes under the rules of the secretary. The commissioner may make
43.25rules for the administration and enforcement of department responsibilities as a state
43.26administrative agency including, but not limited to, rules for the handling of citizen's
43.27complaints. All money received for services provided by the commissioner or the
43.28department's authorized agents as a state administrative agency shall be deposited in
43.29the
43.30administration, and enforcement of the Manufactured Home Construction and Safety
43.31Standards, consistent with rules and regulations promulgated by the United States
43.32Department of Housing and Urban Development. The commissioner may adopt the
43.33rules, codes, and standards necessary to enforce the standards promulgated under this
43.34section. The commissioner is authorized to conduct hearings and presentations of views
44.1consistent with regulations adopted by the United States Department of Housing and
44.2Urban Development and to adopt rules in order to carry out this function.
44.3EFFECTIVE DATE.This section is effective July 1, 2007.
44.4 Sec. 38. Minnesota Statutes 2006, section 327.33, subdivision 7, is amended to read:
44.5 Subd. 7. Employees. The commissioner may appoint such employees within
44.6the Department of
44.7administration of sections
44.8 Sec. 39. Minnesota Statutes 2006, section 327.34, subdivision 3, is amended to read:
44.9 Subd. 3. Removal of seals. Manufactured home seals remain the property of
44.10the Department of
44.11commissioner from any manufactured home which is in violation of the Manufactured
44.12Home Building Code.
44.13 Sec. 40. Minnesota Statutes 2006, section 327.35, subdivision 1, is amended to read:
44.14 Subdivision 1.
44.15section 326B.082, subdivisions 7 and 12, any person who violates any provision of this
44.16section is liable to the state of Minnesota for a
44.17$1,000 for each
44.18or involving a separate failure or refusal to allow or perform any act required by this
44.19section constitutes a separate
44.20penalties for any related series of violations occurring within one year from the date of the
44.21first violation may not exceed $1,000,000.
44.22 Sec. 41. Minnesota Statutes 2006, section 327.35, subdivision 2, is amended to read:
44.23 Subd. 2. Willful violations. Any individual or a director, officer, or agent of a
44.24corporation who knowingly and willfully violates any provision of this section in a manner
44.25which threatens the health or safety of any purchaser shall be
44.26
44.27 Sec. 42. Minnesota Statutes 2006, section 327B.01, subdivision 4, is amended to read:
44.28 Subd. 4. Commissioner. "Commissioner" means the commissioner of
44.29
44.30 Sec. 43. Minnesota Statutes 2006, section 327B.01, subdivision 5, is amended to read:
45.1 Subd. 5. Consumer customer. "Consumer customer" means any
45.2individual who, primarily for personal, household or family purposes, buys, sells, or seeks
45.3to buy or sell, a manufactured home from, to or through a dealer or manufacturer.
45.4 Sec. 44. Minnesota Statutes 2006, section 327B.01, subdivision 7, is amended to read:
45.5 Subd. 7. Dealer or retailer. "Dealer" or "retailer" means any person who engages
45.6in the business, either exclusively or in addition to any other occupation, of selling or
45.7brokering manufactured homes, new or used, or who offers to sell, solicit, broker or
45.8advertise the sale of manufactured homes, new or used.
45.9 Sec. 45. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.10subdivision to read:
45.11 Subd. 10a. Individual. "Individual" means a human being.
45.12 Sec. 46. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.13subdivision to read:
45.14 Subd. 11a. Licensee. "Licensee" means a person who is licensed as a dealer, limited
45.15dealer, or manufacturer by the Department of Labor and Industry.
45.16 Sec. 47. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.17subdivision to read:
45.18 Subd. 11b. Limited dealer or limited retailer. "Limited dealer" or "limited
45.19retailer" means any person who is an owner of a manufactured home park authorized, as
45.20principal only, to engage in the sale, offering for sale, soliciting, or advertising the sale
45.21of used manufactured homes located in the owned manufactured home park, who is the
45.22title holder and engages in no more than ten sales annually.
45.23 Sec. 48. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.24subdivision to read:
45.25 Subd. 14a. Manufacturing facility. "Manufacturing facility" means the physical
45.26site where a manufacturer engages in the business of manufacture, assembly, or production
45.27of manufactured homes.
45.28 Sec. 49. Minnesota Statutes 2006, section 327B.01, is amended by adding a
45.29subdivision to read:
46.1 Subd. 16a. Owner. "Owner" means any person holding title to a manufactured
46.2home park or manufactured homes.
46.3 Sec. 50. Minnesota Statutes 2006, section 327B.01, subdivision 17, is amended to read:
46.4 Subd. 17. Person. "Person" means any individual, limited liability company,
46.5corporation, firm, partnership, incorporated and unincorporated association, sole
46.6proprietorship, joint stock company, or any other legal or commercial entity.
46.7 Sec. 51. Minnesota Statutes 2006, section 327B.04, subdivision 1, is amended to read:
46.8 Subdivision 1. License
46.9shall act as a dealer in manufactured homes, new or used, without a license
46.10bond, and liability insurance as provided in this section. No person shall manufacture
46.11manufactured homes without a license
46.12located within Minnesota's boundaries, a surety bond, and liability insurance as provided
46.13in this section. The licensing and bonding requirements of this section do not apply to
46.14any bank, savings bank, savings association, or credit union, chartered by either this state
46.15or the federal government, which acts as a dealer only by repossessing manufactured
46.16homes and then offering the homes for resale.
46.17 Sec. 52. Minnesota Statutes 2006, section 327B.04, subdivision 4, is amended to read:
46.18 Subd. 4. License prerequisites. No application shall be granted nor license issued
46.19until the applicant proves to the commissioner that:
46.20 (a) the applicant has a permanent, established place of business at each licensed
46.21location. An "established place of business" means a permanent enclosed building other
46.22than a residence, or a commercial office space, either owned by the applicant or leased by
46.23the applicant for a term of at least one year, located in an area where zoning regulations
46.24allow commercial activity, and where the books, records and files necessary to conduct
46.25the business are kept and maintained. The owner of a licensed manufactured home park
46.26who resides in or adjacent to the park may use the residence as the established place of
46.27business required by this subdivision, unless prohibited by local zoning ordinance.
46.28 If a license is granted, the licensee may use unimproved lots and premises for sale,
46.29storage, and display of manufactured homes, if the licensee first notifies the commissioner
46.30in writing;
46.31 (b) if the applicant desires to sell, solicit or advertise the sale of new manufactured
46.32homes, it has a bona fide contract or franchise in effect with a manufacturer or distributor
46.33of the new manufactured home it proposes to deal in;
47.1 (c) the applicant has secured: (1) a surety bond in the amount of $20,000 for the
47.2agency and each subagency location that bears the applicant's name and the name under
47.3which the applicant will be licensed and do business in this state. Each bond is for the
47.4protection of consumer customers, and must be executed by the applicant as principal and
47.5issued by a surety company admitted to do business in this state.
47.6exclusively for the purpose of reimbursing consumer customers and shall be conditioned
47.7upon the faithful compliance by the applicant with all of the laws and rules of this state
47.8pertaining to the applicant's business as a dealer or manufacturer, including sections
47.10legal obligations to consumer customers; and (2) a certificate of liability insurance in the
47.11amount of $1,000,000 that provides coverage for the agency and each subagency location;
47.12 (d) the applicant has established a trust account as required by section
47.13subdivision 3
47.14selling, offering for sale, soliciting or advertising the sale of new manufactured homes; and
47.15 (e) the applicant has provided evidence of having had at least two years' prior
47.16experience in the sale of manufactured homes, working for a licensed dealer.
47.17 Sec. 53. Minnesota Statutes 2006, section 327B.04, subdivision 6, is amended to read:
47.18 Subd. 6. Certificate of license. For each license granted the commissioner shall
47.19issue a certificate which includes the name of the licensee, the name of the surety company
47.20and the amount of the surety bond, and the insurance underwriter and policy number, the
47.21names and addresses of any related principal or subagencies, and a license number.
47.22 Sec. 54. Minnesota Statutes 2006, section 327B.04, subdivision 7, is amended to read:
47.23 Subd. 7. Fees; licenses; when granted. Each application for a license or license
47.24renewal must be accompanied by a fee in an amount established by the commissioner
47.25by rule pursuant to section
47.26the fiscal biennium will produce revenues approximately equal to the expenses which
47.27the commissioner expects to incur during that fiscal biennium while administering and
47.28enforcing sections
47.29
47.30
47.31
47.32or deny a license application or a renewal application within 60 days of its filing. If the
47.33license is granted, the commissioner shall license the applicant as a dealer or manufacturer
48.1for the remainder of the calendar year. Upon application by the licensee, the commissioner
48.2shall renew the license for a two year period, if:
48.3 (a) the renewal application satisfies the requirements of subdivisions 3 and 4;
48.4 (b) the renewal applicant has made all listings, registrations, notices and reports
48.5required by the commissioner during the preceding year; and
48.6 (c) the renewal applicant has paid all fees owed pursuant to sections
48.8EFFECTIVE DATE.This section is effective July 1, 2007.
48.9 Sec. 55. Minnesota Statutes 2006, section 327B.04, subdivision 8, is amended to read:
48.10 Subd. 8. Limited dealer's license. The commissioner shall issue a limited dealer's
48.11license to an owner of a manufactured home park authorizing the licensee as principal
48.12only to engage in the sale, offering for sale, soliciting, or advertising the sale of used
48.13manufactured homes located in the owned manufactured home park. The licensee must
48.14be the title holder of the homes and may engage in no more than ten sales annually. An
48.15owner may, upon payment of the applicable fee and compliance with this subdivision,
48.16obtain a separate license for each owned manufactured home park and is entitled to sell up
48.17to ten homes per license provided that only one limited dealer license may be issued for
48.18each park. The license shall be issued after:
48.19 (1) receipt of an application on forms provided by the commissioner containing
48.20the following information:
48.21 (i) the identity of the applicant;
48.22 (ii) the name under which the applicant will be licensed and do business in this state;
48.23 (iii) the name and address of the owned manufactured home park, including a copy
48.24of the park license, serving as the basis for the issuance of the license;
48.25 (iv) the name, home, and business address of the applicant;
48.26 (v) the name, address, and telephone number of one individual that is designated
48.27by the applicant to receive all communications and cooperate with all inspections and
48.28investigations of the commissioner pertaining to the sale of manufactured homes in the
48.29manufactured home park owned by the applicant;
48.30 (vi) whether the applicant or its designated individual has been convicted of a crime
48.31within the previous ten years that is either related directly to the business for which the
48.32license is sought or involved fraud, misrepresentation or misuse of funds, or has suffered a
48.33judgment in a civil action involving fraud, misrepresentation, or conversion within the
48.34previous five years or has had any government license or permit suspended or revoked
49.1as a result of an action brought by a federal or state governmental agency in this or any
49.2other state within the last five years; and
49.3 (vii) the applicant's qualifications and business history, including whether the
49.4applicant or its designated individual has ever been adjudged bankrupt or insolvent, or has
49.5any unsatisfied court judgments outstanding against it or them;
49.6 (2) payment of a $100 annual fee; and
49.7 (3) provision of a surety bond in the amount of $5,000. A separate surety bond
49.8must be provided for each limited license.
49.9 The applicant need not comply with section
49.10The holding of a limited dealer's license does not satisfy the requirement contained in
49.11section
49.12to obtaining a dealer license. The commissioner may, upon application for a renewal of
49.13a license, require only a verification that copies of sales documents have been retained
49.14and payment of a $100 renewal fee. "Sales documents" mean only the safety feature
49.15disclosure form defined in section
49.16agreements, and purchase agreements.
49.17 The license holder shall, upon request of the commissioner, make available for
49.18inspection during business hours sales documents required to be retained under this
49.19subdivision.
49.20 Sec. 56. Minnesota Statutes 2006, section 327B.04, is amended by adding a
49.21subdivision to read:
49.22 Subd. 8a. Service. Service of a document on a limited dealer licensed under this
49.23section may be effected by mail to or by personal service on: (1) the licensee at the
49.24licensee's last known address; or (2) the individual designated by the licensee at that
49.25individual's last known address.
49.26 Sec. 57. [327B.042] NOTICE TO COMMISSIONER.
49.27 Subdivision 1. Notification. A person licensed as a dealer, limited dealer, or
49.28manufacturer shall notify the commissioner of the occurrence of any of the events in
49.29subdivisions 2 to 5.
49.30 Subd. 2. Change in application information. A licensee shall notify the
49.31commissioner in writing within ten days of the change of any change in information
49.32contained in the most recent license application on file with the commissioner, which
49.33shall include any change in the information pertaining to the individual designated under
49.34section 327B.04, subdivision 8, clause (1), item (vi).
50.1 Subd. 3. Civil judgment. A licensee shall notify the commissioner in writing
50.2within ten days of any decision of a court regarding a proceeding in which the licensee
50.3was named as a defendant, and in which fraud, misrepresentation, or the conversion of
50.4funds was found to have been committed by the licensee.
50.5 Subd. 4. Disciplinary action in another state. A licensee shall notify the
50.6commissioner in writing within ten days of the condition, reprimand, censure, limitation,
50.7suspension, or revocation of any other professional or occupational license, registration,
50.8permit, or certificate held by the licensee in this or any other state, or any other United
50.9States jurisdiction.
50.10 Subd. 5. Criminal offense. A licensee shall notify the commissioner in
50.11writing within ten days if the licensee is found guilty of a felony, gross misdemeanor,
50.12misdemeanor, or any comparable offense related to manufactured home sales, improper
50.13business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer
50.14laws in this or any other state, or any other United States jurisdiction.
50.15 Sec. 58. Minnesota Statutes 2006, section 327B.05, subdivision 1, is amended to read:
50.16 Subdivision 1. Grounds. In addition to the grounds in section 326B.082,
50.17subdivision 11, the commissioner may by order deny, suspend, limit, place conditions
50.18on, or revoke
50.19
50.20or general partners, controlling shareholders, or affiliates for any of the following grounds:
50.21
50.22
50.23
50.24
50.25rule or order issued by the commissioner or any prior law providing for the licensing of
50.26manufactured home dealers or manufacturers;
50.27
50.28other state;
50.29
50.30violation of any of the provisions of section
50.31
50.32sections
50.33to a reasonably prudent dealer;
50.34
50.35the commissioner;
51.1
51.2days after the assessment becomes final;
51.3
51.4all taxes, fees and arrearages due;
51.5
51.6
51.7
51.8in section
51.9
51.10licensed under section
51.11
51.12manufactured home other than the make of manufactured home described in a franchise or
51.13contract filed with the application for license or license renewal;
51.14
51.15
51.16
51.17
51.18days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;
51.19
51.20directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
51.21or misuse of funds;
51.22
51.23involving fraud, misrepresentation or misuse of funds; or
51.24
51.25manufacturer, resulting in injury or harm to the public.
51.26 The commissioner may establish rules pursuant to section
51.27specifying, defining or establishing standards of conduct for manufactured home dealers
51.28and manufacturers.
51.29 Sec. 59. Minnesota Statutes 2006, section 327B.10, is amended to read:
51.30327B.10 RULEMAKING AUTHORITY.
51.31 The commissioner may promulgate rules and issue orders reasonably necessary
51.32to implement and administer the provisions of sections
51.33commissioner shall adopt rules establishing and approving education programs for
51.34manufactured home installers. Each manufactured home installer must satisfactorily
51.35complete the continuing education requirements established by the commissioner in rule.
52.1 Sec. 60. INCORPORATING ADAPTABILITY DESIGN ELEMENTS; REPORT.
52.2 The commissioner of labor and industry shall explore the possibility of incorporating
52.3the adaptability design elements in the State Building Code for the following International
52.4Residential Codes (IRC) and International Building Codes (IBC):
52.5 (1) IRC-1;
52.6 (2) IRC-2;
52.7 (3) IRC-3;
52.8 (4) IBC R-2; and
52.9 (5) IBC R-3.
52.10 The commissioner shall report back to the legislative committees having jurisdiction
52.11over these issues by January 15, 2008.
52.12 Sec. 61. REVISOR'S INSTRUCTION.
52.13 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
52.14column A with the number listed in column B. The revisor shall also make necessary
52.15cross-reference changes consistent with the renumbering.
53.26 Section 1. Minnesota Statutes 2006, section 326.01, subdivision 2, is amended to read:
53.27 Subd. 2. Class A master electrician.
53.28means
53.29and technical knowledge to
53.30
53.31
53.32a Class A master electrician by the
53.33 Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 3, is amended to read:
53.34 Subd. 3. Class A journeyman electrician.
53.35electrician" means
53.36experience, and technical knowledge to
53.37
54.1
54.2laying out of electrical work, and who is licensed as
54.3by the
54.4 Sec. 3. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.5to read:
54.6 Subd. 4a. Elevator constructor. "Elevator constructor" means an individual having
54.7the necessary qualifications, training, experience, and technical knowledge to wire for,
54.8install, maintain, and repair electrical wiring, apparatus, and equipment for elevators and
54.9escalators and who is licensed as an elevator constructor by the commissioner.
54.10 Sec. 4. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.11to read:
54.12 Subd. 4b. Elevator contractor. "Elevator contractor" means a licensed contractor
54.13whose responsible licensed individual is a licensed master elevator constructor. An
54.14elevator contractor license does not itself qualify its holder to perform or supervise the
54.15electrical or elevator work authorized by holding any other personal license issued by
54.16the commissioner.
54.17 Sec. 5. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.18to read:
54.19 Subd. 4c. Lineman. "Lineman" means an individual having the necessary
54.20qualifications, training, experience, and technical knowledge to construct and maintain
54.21transmission and distribution systems that are or will be owned or leased by an electrical
54.22utility, and who is licensed as a lineman by the commissioner.
54.23 Sec. 6. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.24to read:
54.25 Subd. 4d. Maintenance electrician. "Maintenance electrician" means an individual
54.26having the necessary qualifications, training, experience, and technical knowledge to
54.27properly maintain and repair electrical wiring, apparatus, and equipment, who is licensed
54.28as a maintenance electrician by the commissioner or who is exempt from licensing by
54.29sections 326.241 to 326.248.
54.30 Sec. 7. Minnesota Statutes 2006, section 326.01, is amended by adding a subdivision
54.31to read:
55.1 Subd. 4e. Master elevator constructor. "Master elevator constructor" means
55.2an individual having the necessary qualifications, training, experience, and technical
55.3knowledge to properly plan, lay out, and supervise the installation, maintenance, and
55.4repair of wiring, apparatus, and equipment for elevators and escalators and who is licensed
55.5as a master elevator constructor by the commissioner.
55.6 Sec. 8. Minnesota Statutes 2006, section 326.01, subdivision 5, is amended to read:
55.7 Subd. 5. Contractor.
55.8
55.9
55.10
55.11perform any electrical work, with or without compensation, who is licensed as
55.12contractor by the
55.13itself qualify its holder to perform or supervise the electrical work authorized by holding
55.14any class of electrician's or other personal electrical license. Contractor includes electrical
55.15contractors and technology system contractors.
55.16 Sec. 9. Minnesota Statutes 2006, section 326.01, subdivision 6, is amended to read:
55.17 Subd. 6. Class B master electrician.
55.18means
55.19and technical knowledge to
55.20
55.21electrical work for single phase systems of not over 200 ampere capacity for light, heat,
55.22power, and other purposes on any farm or in any single family dwelling located in any
55.23town or municipality which has a population of less than
55.24is licensed as
55.25 Sec. 10. Minnesota Statutes 2006, section 326.01, subdivision 6a, is amended to read:
55.26 Subd. 6a. Class B journeyman electrician.
55.27electrician" means
55.28experience, and technical knowledge to install, alter, repair, and supervise the installing,
55.29altering, or repairing of electrical wiring, apparatus, and equipment for single phase
55.30systems of not more than 200 ampere capacity for light, heat, power, and other purposes
55.31on any farm or in any single family dwelling located in any town or municipality which
55.32has a population of less than
55.33journeyman electrician by the
56.1 Sec. 11. Minnesota Statutes 2006, section 326.01, subdivision 6b, is amended to read:
56.2 Subd. 6b. Class A installer.
56.3individual who has the necessary qualifications, training, experience, and technical
56.4knowledge to properly lay out and install electrical wiring, apparatus, and equipment for
56.5major electrical home appliances and such other electrical equipment as is determined by
56.6the
56.7on the load side of the main service on farmsteads or in any town or municipality with
56.8less than 1,500 inhabitants, which is not contiguous to a city of the first class and does not
56.9contain an established business of a master electrician, and who is licensed as
56.10A installer by the
56.11 Sec. 12. Minnesota Statutes 2006, section 326.01, subdivision 6c, is amended to read:
56.12 Subd. 6c. Class B installer.
56.13individual who has the necessary qualifications, training, experience, and technical
56.14knowledge to properly lay out and install electrical wiring, apparatus, and equipment
56.15on center pivot irrigation booms on the load side of the main service on farmsteads,
56.16and install other electrical equipment determined by the
56.17commissioner, and who is licensed as a Class B installer
56.18
56.19 Sec. 13. Minnesota Statutes 2006, section 326.01, subdivision 6e, is amended to read:
56.20 Subd. 6e. Owner. An owner is
56.21performs electrical work on premises the
56.22a residence or owns and will occupy as a residence upon completion of its construction.
56.23 Sec. 14. Minnesota Statutes 2006, section 326.01, subdivision 6f, is amended to read:
56.24 Subd. 6f. Electrical work.
56.25altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment
56.26for electrical light, heat, power, technology circuits or systems, or other purposes. The
56.27installing,
56.28apparatus, or equipment for electrical light, heat, power, technology circuits or systems,
56.29or other purposes includes, but is not limited to, the performance of any work
56.30regulated by the standards referred to in section
56.31 Sec. 15. Minnesota Statutes 2006, section 326.01, subdivision 6g, is amended to read:
57.1 Subd. 6g.
57.2means
57.3
57.4 (1)
57.5
57.6to perform the electrical work being supervised;
57.7 (2) during the entire working day of the unlicensed individual, the licensed
57.8individual is physically present at the location where the unlicensed individual is
57.9performing electrical work and immediately available to the unlicensed individual;
57.10 (3) the licensed
57.11the unlicensed
57.12 (4) electronic supervision does not meet the requirement of physically present and
57.13immediately available;
57.14 (5) the licensed individual shall review the electrical work performed by the
57.15unlicensed individual before the electrical work is operated; and
57.16
57.17work performed by the unlicensed
57.18section
57.19 The licensed
57.21 Sec. 16. Minnesota Statutes 2006, section 326.01, subdivision 6j, is amended to read:
57.22 Subd. 6j. Residential dwelling. A "residential dwelling" is
57.23
57.24dwelling as defined in the National Electrical Code pursuant to section
57.25
57.26building that can only be used by the residents of the single dwelling unit.
57.27 Sec. 17. Minnesota Statutes 2006, section 326.01, subdivision 6k, is amended to read:
57.28 Subd. 6k. Power limited technician.
57.29
57.30technical knowledge to install, alter, repair, plan, lay out, and supervise the installing,
57.31altering, and repairing of electrical wiring, apparatus, and equipment for technology
57.32circuits or systems, and who is licensed as
57.33
58.1 Sec. 18. Minnesota Statutes 2006, section 326.01, subdivision 6l, is amended to read:
58.2 Subd. 6l. Technology circuits or systems. "Technology circuits or systems" means
58.3class 2 or class 3 circuits or systems for, but not limited to, remote control, signaling,
58.4control, alarm, and audio signal, including associated components as covered by the
58.5National Electrical Code, articles 640, 645, 650, 725, 760, 770, and 780, and which are
58.6isolated from circuits or systems other than class 2 or class 3 by a demarcation and are
58.7not process control circuits or systems; antenna and communication circuits or systems
58.8as covered by chapter 8 of the National Electrical Code; and circuitry and equipment for
58.9indoor lighting and outdoor landscape lighting systems that are supplied by the secondary
58.10circuit of an isolating power supply operating at 30 volts or less as covered by the National
58.11Electrical Code, article 411. The planning, laying out, installing, altering, and repairing
58.12of technology circuits or systems must be performed in accordance with the applicable
58.13requirements of the National Electrical Code pursuant to section
58.14 Sec. 19. [326.2415] BOARD OF ELECTRICITY.
58.15 Subdivision 1. Composition. (a) The Board of Electricity shall consist of 12
58.16members. Eleven members shall be appointed by the governor with the advice and consent
58.17of the senate and shall be voting members. Appointments of members by the governor
58.18shall be made in accordance with section 15.066. If the senate votes to refuse to consent
58.19to an appointment of a member made by the governor, the governor shall appoint a new
58.20member with the advice and consent of the senate. One member shall be the commissioner
58.21of labor and industry or the commissioner's designee, who shall be a voting member. Of
58.22the 11 appointed members, the composition shall be as follows:
58.23 (1) one member shall be an electrical inspector;
58.24 (2) two members shall be representatives of the electrical suppliers in rural areas;
58.25 (3) two members shall be master electricians, who shall be contractors;
58.26 (4) two members shall be journeyman electricians;
58.27 (5) one member shall be a registered consulting electrical engineer;
58.28 (6) two members shall be power limited technicians, who shall be technology
58.29system contractors primarily engaged in the business of installing technology circuit
58.30or systems; and
58.31 (7) one member shall be a public member as defined by section 214.02.
58.32 The electrical inspector shall be appointed to a term to end December 31, 2011. One
58.33of the rural electrical suppliers shall be appointed for a term to end December 31, 2011.
58.34The other rural electrical supplier shall be appointed for a term to end December 31,
58.352010. The consulting electrical engineer shall be appointed for a term to end December
59.131, 2011. One of the master electrician contractors shall be appointed for a term to end
59.2December 31, 2011. The other master electrician contractor shall be appointed for a term
59.3to end December 31, 2010. One of the journeyman electricians shall be appointed for a
59.4term to end December 31, 2011. The other journeyman electrician shall be appointed
59.5for a term to end December 31, 2010. One of the power limited technicians shall be
59.6appointed for a term to end December 31, 2011. The other power limited technician shall
59.7be appointed for a term to end December 31, 2010. The public member shall be appointed
59.8for a term to end December 31, 2010.
59.9 (b) The consulting electrical engineer must possess a current Minnesota professional
59.10engineering license and maintain the license for the duration of the term on the board.
59.11All other appointed members, except for the public member and the representatives of
59.12electrical suppliers in rural areas, must possess a current electrical license issued by the
59.13Department of Labor and Industry and maintain that license for the duration of their terms.
59.14All appointed members must be residents of Minnesota at the time of and throughout
59.15the member's appointment. The term of any appointed member that does not maintain
59.16membership qualification status shall end on the date of the status change and the governor
59.17shall appoint a new member. It is the responsibility of the member to notify the board of
59.18their status change.
59.19 (c) For appointed members, except the initial terms designated in paragraph (a), each
59.20term shall be three years with the terms ending on December 31. Members appointed by
59.21the governor shall be limited to three consecutive terms. The governor shall, all or in part,
59.22reappoint the current members or appoint replacement members with the advice and
59.23consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
59.24term. Vacancies occurring with less than six months time remaining in the term shall be
59.25filled for the existing term and the following three-year term. Members may serve until
59.26their successors are appointed but in no case later than July 1 in a year in which the term
59.27expires unless reappointed.
59.28 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
59.29power to:
59.30 (1) elect its chair, vice-chair, and secretary;
59.31 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
59.32and containing such other provisions as may be useful and necessary for the efficient
59.33conduct of the business of the board;
59.34 (3) the Minnesota Electrical Code shall be the most current edition of the National
59.35Electrical Code upon its adoption by the board and any amendments thereto as adopted
59.36by the board. The board shall adopt the most current edition of the National Electrical
60.1Code and any amendments thereto pursuant to chapter 14 and as provided in subdivision
60.26, paragraphs (b) and (c);
60.3 (4) review requests for final interpretations and issue final interpretations as provided
60.4in section 16B.63, subdivision 5;
60.5 (5) adopt rules that regulate the licensure or registration of electrical businesses,
60.6electrical contractors, master electricians, journeyman electricians, Class A installer,
60.7Class B installer, power limited technicians, and other persons who perform electrical
60.8work except for those individuals licensed under section 326.02, subdivisions 2 and 3.
60.9The board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
60.106, paragraphs (d) and (e);
60.11 (6) adopt rules that regulate continuing education for individuals licensed or
60.12registered as electrical businesses, electrical contractors, master electricians, journeyman
60.13electricians, Class A installer, Class B installer, power limited technicians, and other
60.14persons who perform electrical work. The board shall adopt these rules pursuant to
60.15chapter 14 and as provided in subdivision 6, paragraph (e);
60.16 (7) advise the commissioner regarding educational requirements for electrical
60.17inspectors;
60.18 (8) refer complaints or other communications to the commissioner, whether oral or
60.19in writing, as provided in subdivision 8 that alleges or implies a violation of a statute, rule,
60.20or order that the commissioner has the authority to enforce pertaining to code compliance,
60.21licensure, registration, or an offering to perform or performance of unlicensed electrical
60.22services;
60.23 (9) approve per diem and expenses deemed necessary for its members as provided in
60.24subdivision 3;
60.25 (10) approve license reciprocity agreements;
60.26 (11) select from its members individuals to serve on any other state advisory council,
60.27board, or committee; and
60.28 (12) recommend the fees for licenses and certifications.
60.29 Except for the powers granted to the Plumbing Board, Board of Electricity, and
60.30the Board of High Pressure Piping Systems, the commissioner of labor and industry
60.31shall administer and enforce the provisions of this chapter and any rules promulgated
60.32pursuant thereto.
60.33 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
60.34 (c) The commissioner shall coordinate the board's rulemaking and recommendations
60.35with the recommendations and rulemaking conducted by all of the other boards created
60.36pursuant to chapter 326B. The commissioner shall provide staff support to the board. The
61.1support includes professional, legal, technical, and clerical staff necessary to perform
61.2rulemaking and other duties assigned to the board. The commissioner of labor and
61.3industry shall supply necessary office space and supplies to assist the board in its duties
61.4 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
61.5of $55 a day spent on board activities, when authorized by the board, plus expenses in
61.6the same manner and amount as authorized by the commissioner's plan adopted under
61.7section 43A.18, subdivision 2. Members who, as a result of time spent attending board
61.8meetings, incur child care expenses that would not otherwise have been incurred, may be
61.9reimbursed for those expenses upon board authorization.
61.10 (b) Members who are state employees or employees of the political subdivisions
61.11of the state must not receive the daily payment for activities that occur during working
61.12hours for which they are compensated by the state or political subdivision. However, a
61.13state or political subdivision employee may receive the daily payment if the employee
61.14uses vacation time or compensatory time accumulated in accordance with a collective
61.15bargaining agreement or compensation plan for board activities. Members who are state
61.16employees or employees of the political subdivisions of the state may receive the expenses
61.17provided for in this subdivision unless the expenses are reimbursed by another source.
61.18Members who are state employees or employees of political subdivisions of the state
61.19may be reimbursed for child care expenses only for time spent on board activities that
61.20are outside their working hours.
61.21 (c) The board shall adopt internal standards prescribing what constitutes a day spent
61.22on board activities for purposes of making daily payments under this subdivision.
61.23 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
61.24removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
61.25missing three consecutive meetings. The chair of the board shall inform the governor of an
61.26appointed member missing the three consecutive meetings. After the second consecutive
61.27missed meeting and before the next meeting, the secretary of the board shall notify the
61.28appointed member in writing that the member may be removed for missing the next
61.29meeting. In the case of a vacancy on the board, the governor shall, with the advice
61.30and consent of the Senate, appoint a person to fill the vacancy for the remainder of the
61.31unexpired term.
61.32 (b) Vacancies shall be filled pursuant to section 15.097, subdivisions 5 and 6.
61.33 Subd. 5. Membership vacancies within three months of appointment.
61.34 Notwithstanding any law to the contrary, when a membership on the board becomes
61.35vacant within three months after being filled through the appointments process, the
62.1governor may, upon notification to the Office of Secretary of State, choose a new member
62.2from the applications on hand and need not repeat the process.
62.3 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
62.4members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
62.5majority of members of the board qualified to vote on the matter in question. All questions
62.6concerning the manner in which a meeting is conducted or called that is not covered
62.7by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
62.8specified by the bylaws.
62.9 (b) Each electrical code amendment considered by the board that receives an
62.10affirmative two-thirds or more majority vote of all of the voting members of the board
62.11shall be included in the next electrical code rulemaking proceeding initiated by the board.
62.12If an electrical code amendment considered, or reconsidered, by the board receives less
62.13than a two-thirds majority vote of all of the voting members of the board, the electrical
62.14code amendment shall not be included in the next electrical code rulemaking proceeding
62.15initiated by the board.
62.16 (c) The board may reconsider electrical code amendments during an active electrical
62.17code rulemaking proceeding in which the amendment previously failed to receive a
62.18two-thirds majority vote or more of all of the voting members of the board only if new
62.19or updated information that affects the electrical code amendment is presented to the
62.20board. The board may also reconsider failed electrical code amendments in subsequent
62.21electrical code rulemaking proceedings.
62.22 (d) Each proposed rule and rule amendment considered by the board pursuant to the
62.23rulemaking authority specified in subdivision 2, paragraph (a), clauses (5) and (6), that
62.24receives an affirmative majority vote of all of the voting members of the board shall be
62.25included in the next rulemaking proceeding initiated by the board. If a proposed rule or
62.26rule amendment considered, or reconsidered, by the board receives less than an affirmative
62.27majority vote of all of the voting members of the board, the proposed rule or rule
62.28amendment shall not be included in the next rulemaking proceeding initiated by the board.
62.29 (e) The board may reconsider proposed rule or rule amendment during an active
62.30rulemaking proceeding in which the amendment previously failed to receive an affirmative
62.31majority vote of all of the voting members of the board only if new or updated information
62.32that affects the proposed rule or rule amendment is presented to the board. The board
62.33may also reconsider failed proposed rule or rule amendment in subsequent rulemaking
62.34proceedings.
63.1 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
63.2board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
63.3and in a manner as the bylaws may provide.
63.4 (b) If compliance with section 13D.02 is impractical, the board may conduct a
63.5meeting of its members by telephone or other electronic means so long as the following
63.6conditions are met:
63.7 (1) all members of the board participating in the meeting, wherever their physical
63.8location, can hear one another and can hear all discussion and testimony;
63.9 (2) members of the public present at the regular meeting location of the board can
63.10hear clearly all discussion and testimony and all votes of members of the board and, if
63.11needed, receive those services required by sections 15.44 and 15.441;
63.12 (3) at least one member of the board is physically present at the regular meeting
63.13location; and
63.14 (4) all votes are conducted by roll call, so each member's vote on each issue can be
63.15identified and recorded.
63.16 Each member of the board participating in a meeting by telephone or other electronic
63.17means is considered present at the meeting for purposes of determining a quorum and
63.18participating in all proceedings.
63.19 If telephone or other electronic means is used to conduct a regular, special, or
63.20emergency meeting, the board, to the extent practical, shall allow a person to monitor
63.21the meeting electronically from a remote location. The board may require the person
63.22making such a connection to pay for documented costs that the board incurs as a result of
63.23the additional connection.
63.24 If telephone or other electronic means is used to conduct a regular, special, or
63.25emergency meeting, the board shall provide notice of the regular meeting location, of the
63.26fact that some members may participate by telephone or other electronic means, and that
63.27a person may monitor the meeting electronically from a remote location. Any person
63.28monitoring the meeting electronically from a remote location may be required to pay
63.29documented costs incurred by the board as a result of the additional connection. The
63.30timing and method of providing notice is governed by section 13D.04.
63.31 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
63.32the substance of any complaint or communication it receives, whether in writing or oral,
63.33that alleges or implies a violation of a statute, rule, or order that the commissioner has
63.34the authority to enforce pertaining to the license or registration of any person authorized
63.35by the department to provide electrical work, the performance or offering to perform
63.36electrical work requiring licensure or registration, or electrical code compliance. Each
64.1complaint or communication that is forwarded to the commissioner shall be submitted
64.2on a form provided by the commissioner.
64.3 (b) The commissioner shall advise the board of the status of the complaint within 90
64.4days after the board's written submission is received, or within 90 days after the board
64.5is provided with a written request for additional information or documentation from the
64.6commissioner or the commissioner's designee, whichever is later. The commissioner shall
64.7advise the board of the disposition of a complaint referred by the board within 180 days
64.8after the board's written submission is received. The commissioner shall annually report to
64.9the board a summary of the actions taken in response to complaints referred by the board.
64.10 Subd. 9. Data Practices Act. The board is subject to chapter 13, the Minnesota
64.11Government Data Practices Act, and shall protect from unlawful disclosure data classified
64.12as not public.
64.13 Subd. 10. Official records. The board shall make and preserve all records necessary
64.14to a full and accurate knowledge of its official activities in accordance with section 15.17.
64.15EFFECTIVE DATE.This section is effective July 1, 2007.
64.16 Sec. 20. Minnesota Statutes 2006, section 326.242, is amended to read:
64.17326.242 LICENSES.
64.18 Subdivision 1. Master electrician. Except as otherwise provided by law, no
64.19individual shall
64.20
64.21
64.22by the
64.23licensed contractor and the
64.24the licensed contractor, or (ii) the electrical work is performed for the
64.25employer on
64.26or leased by the employer
64.27
64.28the employer.
64.29 (1) An applicant for a Class A master
64.30be a graduate of a four-year electrical course
64.31university; or (b) shall have had at least one
64.32
64.33experience, acceptable to the
64.34and installing wiring, apparatus, or equipment for electrical light, heat and power.
65.1 (2) As of August 1, 1985, no new Class B master
65.2shall be issued. An individual who has a Class B master
65.3of August 1, 1985, may retain and renew the license and exercise the privileges it grants,
65.4which include electrical work limited to single phase systems, not over 200 amperes in
65.5capacity, on farmsteads or single-family dwellings located in towns or municipalities
65.6with fewer than 2,500 inhabitants.
65.7 Subd. 2. Journeyman electrician. (a) Except as otherwise provided by law,
65.8no
65.9
65.10
65.11of electrical work unless:
65.12 (1) the
65.13electrician; and
65.14 (2) the electrical work is:
65.15 (i) for a contractor and the
65.16the licensed contractor; or
65.17 (ii) performed under the supervision of a master electrician also employed by the
65.18
65.19that are owned or leased by the employer and that
65.20property operated, maintained, and either owned or leased
65.21the employer.
65.22 (b) An applicant for a Class A journeyman
65.23had at least four years of experience, acceptable to the
65.24installing, and repairing electrical wiring, apparatus, or equipment, provided however,
65.25that the
65.26experience credit for the successful completion of a two-year post high school electrical
65.27course approved by the
65.28 (c) As of August 1, 1985, no new Class B journeyman
65.29licenses shall be issued. An individual who holds a Class B journeyman
65.30electrician license as of August 1, 1985, may retain and renew the license and exercise the
65.31privileges it grants, which include electrical work limited to single phase systems, not over
65.32200 amperes in capacity, on farmsteads or on single-family dwellings located in towns or
65.33municipalities with fewer than 2,500 inhabitants.
65.34 Subd. 3. Class A installer. Notwithstanding the provisions of subdivisions 1, 2, and
65.356, any
65.36supervise the laying out and installing of electrical wiring, apparatus, or equipment for
66.1major electrical home appliances on the load side of the main service on farmsteads and in
66.2any town or municipality with fewer than 1,500 inhabitants, which is not contiguous to
66.3a city of the first class and does not contain an established business of a contractor. As
66.4of December 1, 2007, no new Class A installer licenses shall be issued. An individual
66.5who holds a Class A installer license as of December 1, 2007, may retain and renew the
66.6license and exercise the privileges it grants.
66.7 Subd. 3a. Class B installer. Notwithstanding the provisions of subdivisions 1, 2
66.8and 6, any
66.9electrical wiring, apparatus and equipment on center pivot irrigation booms on the load
66.10side of the main service on farmsteads, and install such other electrical equipment as is
66.11
66.12 Subd. 3b. Coursework or experience. An applicant for a Class A or B installer
66.13license shall have completed a post high school course in electricity
66.14approved by the
66.15experience,
66.16 Subd. 3c. Bond. Every Class A and Class B installer, as a condition of licensure,
66.17shall give bond to the state in the sum of $1,000 conditioned upon the faithful and lawful
66.18performance of all work contracted for or entered upon by the installer within the state of
66.19Minnesota, and such bond shall be for the benefit of persons injured or suffering financial
66.20loss by reason of failure of such performance. Such bond shall be in lieu of all other
66.21license bonds to any political subdivision of the state. Such bond shall be written by a
66.22corporate surety licensed to do business in the state of Minnesota.
66.23 Subd. 3d. Power limited technician. (a) Except as otherwise provided by law,
66.24no
66.25altering,
66.26for technology circuits or systems unless:
66.27 (1) the
66.28technician; and
66.29 (2) the electrical work is:
66.30 (i) for a licensed contractor and the
66.31officer of, or is the licensed contractor; or
66.32 (ii) performed under the direct supervision of a master electrician or power limited
66.33technician also employed by the
66.34systems, apparatus, equipment, or facilities that are owned or leased by the employer and
66.35that are located within the limits of property operated, maintained, and either owned or
66.36leased
67.1 (b) An applicant for a power limited technician's license shall (1) be a graduate
67.2of a four-year electrical course
67.3have had at least 36 months' experience, acceptable to the board, in planning for, laying
67.4out, supervising,
67.5for power limited systems, provided however, that the board may by rule provide for the
67.6allowance of up to 12 months (2,000 hours) of experience credit for successful completion
67.7of a two-year post high school electrical course or other technical training approved by
67.8the board.
67.9
67.10
67.11
67.12the board every renewal period.
67.13
67.14
67.15
67.16
67.17
67.18
67.19may designate one
67.20without passing an examination administered by the
67.21application and license fee of $30.
67.22
67.2330, 2007, to take the power limited technician examination administered by the
67.24department is not required to meet the qualifications set forth in paragraph (b).
67.25
67.26
67.27
67.28
67.29
67.30
67.31 Subd. 5. Unlicensed
67.32means an individual who has not been licensed by the department to perform specific
67.33electrical work. An unlicensed individual shall not perform electrical work required to
67.34be performed by a licensed individual unless the individual has first registered with the
67.35department as an unlicensed individual. Thereafter, an unlicensed individual shall not
67.36perform electrical work required to be performed by a licensed individual unless the work
68.1is performed under the
68.2licensed to perform such work
68.3
68.4individuals shall not permit unlicensed
68.5except under the
68.6perform such work. Unlicensed
68.7electrical work or make assignments of electrical work to unlicensed
68.8Except for technology circuit or system work, licensed
68.9no more than two unlicensed
68.10work, licensed
68.11individuals.
68.12 (b) Notwithstanding any other provision of this section, no
68.13than a master electrician or power limited technician shall plan or lay out electrical wiring,
68.14apparatus, or equipment for light, heat, power, or other purposes, except circuits or
68.15systems exempted from personal licensing by subdivision 12, paragraph (b).
68.16 (c) Contractors employing unlicensed
68.17electrical work shall maintain records establishing compliance with this subdivision
68.18
68.19work, except for
68.20personal licensing by subdivision 12, paragraph (b), and shall permit the
68.21to examine and copy all such records
68.22 (d) When a licensed individual supervises the electrical work of an unlicensed
68.23individual, the licensed individual is responsible for ensuring that the electrical work
68.24complies with the Minnesota Electrical Act and all rules adopted under the act.
68.25 Subd. 5a. Registration of unlicensed individuals. Unlicensed individuals
68.26performing electrical work for a contractor or employer shall register with the department
68.27in the manner prescribed by the commissioner. Experience credit for electrical work
68.28performed in Minnesota after January 1, 2008, by an applicant for a license identified in
68.29this section shall not be granted where the applicant has not registered with or is not
68.30licensed by the department.
68.31 Subd. 6. Contractor's license required. Except as otherwise provided by law, no
68.32
68.33defined by section
68.34to
68.35
68.36
69.1the
69.2qualify its holder to perform or supervise the electrical work authorized by holding any
69.3class of personal
69.4 Subd. 6a. Bond required. As a condition of licensing, each contractor shall give
69.5and maintain bond to the state in the
69.6faithful and lawful performance of all work
69.7the contractor within the state of Minnesota and such bond shall be for the benefit of
69.8persons injured or suffering financial loss by reason of failure of such performance. The
69.9bond shall be filed with the
69.10bonds to any other political subdivision. Such bond shall be written by a corporate surety
69.11licensed to do business in the state of Minnesota.
69.12 Subd. 6b. Insurance required. Each contractor shall have and maintain in effect
69.13general liability insurance, which includes premises and operations insurance and products
69.14and completed operations insurance, with limits of at least $100,000 per occurrence,
69.15$300,000 aggregate limit for bodily injury, and property damage insurance with limits
69.16of at least
69.17damage of $300,000 per occurrence and $300,000 aggregate limits. Such insurance
69.18shall be written by an insurer licensed to do business in the state of Minnesota and each
69.19contractor shall maintain on file with the
69.20insurance which provides that such insurance shall not be canceled without the insurer
69.21first giving 15 days written notice to the
69.22 Subd. 6c. Employment of master electrician or power limited technician. (a)
69.23
69.24
69.25electrician
69.26all electrical work in accordance with the requirements of sections
69.27326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The
69.28classes of work
69.29limited to
69.30
69.31responsible master electrician or power limited electrician is licensed to perform.
69.32 (b) When a contractor's license is held by an individual, sole proprietorship,
69.33partnership, limited liability company, or corporation and the individual, proprietor, one
69.34of the partners, one of the members, or an officer of the corporation, respectively, is not
69.35the responsible master electrician or power limited technician
69.36inspection shall be signed by the responsible master electrician or power limited technician
70.1
70.2
70.3
70.4
70.5
70.6responsible licensed individual must be the individual, proprietor, or managing employee.
70.7If the contractor is a partnership, the responsible licensed individual must be a general
70.8partner or managing employee. If the licensed contractor is a limited liability company,
70.9the responsible licensed individual must be a chief manager or managing employee. If
70.10the contractor is a corporation, the responsible licensed individual must be an officer or
70.11managing employee. If the responsible licensed individual is a managing employee, the
70.12responsible licensed individual must be actively engaged in performing electrical work
70.13on behalf of the contractor, and cannot be employed in any capacity as an electrician
70.14or technician by any other contractor or employer designated in subdivision 12. An
70.15individual may be the responsible licensed individual for only one contractor or employer.
70.16 (c) All applications and renewals for
70.17shall include a verified statement that the applicant or licensee has complied with this
70.18subdivision.
70.19 Subd. 7. Examination. In addition to the other requirements
70.20described in this section and except as
70.21a precondition to issuance of a personal license, each applicant must pass a written
70.22or oral examination
70.23
70.24be administered only to an applicant who furnishes a written statement from a certified
70.25teacher or other professional, trained in the area of reading disabilities stating that the
70.26applicant has a specific reading disability which would prevent the applicant from
70.27performing satisfactorily on a written test. The oral examination shall be structured so that
70.28an applicant who passes the examination will not impair the applicant's own safety or that
70.29of others while acting as a licensed
70.30examination may retake it for six months thereafter, but within such six months the
70.31individual may take an examination for a lesser grade of license. Any
70.32failing to renew a personal license for two years or more after its expiration, and any
70.33licensee whose personal license is revoked under this chapter, shall be required to retake
70.34the examination before being issued a new license. An individual whose personal license
70.35is revoked under any other chapter is not required to retake the examination before being
70.36issued a new license, unless the personal license was revoked two years or more before the
71.1commissioner received the completed application for a new license. A licensee whose
71.2personal license is suspended for any reason is not required to retake the examination
71.3before the personal license is reinstated, unless the personal license has not been reinstated
71.4within two years after the suspension began.
71.5 An applicant for a personal license shall submit to the
71.6application and examination fee at the time of application. Upon approval of the
71.7application, the
71.8examination, which shall be held within 60 days. The applicant shall be allowed one
71.9opportunity to reschedule an examination without being required to submit another
71.10application and examination fee. Additionally, an applicant who fails an examination, or
71.11whose application
71.12application and examination fee.
71.13 Subd. 8. License and renewal fees; expiration.
71.14
71.15chapter, all licenses issued or renewed under this section expire on the date specified
71.16in this subdivision. Master licenses expire March 1 of each odd-numbered year after
71.17issuance or renewal. Electrical contractor licenses expire March 1 of each even-numbered
71.18year after issuance or renewal. Technology system contractor licenses expire August 1 of
71.19each even-numbered year after issuance or renewal. All other personal licenses expire two
71.20years from the date of original issuance and every two years thereafter.
71.21 (b) Fees
71.22for the original issuance and each subsequent renewal
71.23 (1) For each personal license application and examination: $35;
71.24
71.25
71.26
71.27
71.28 (2) For original issuance
71.29 Class A Master
71.30 Class B Master
71.31 Power Limited Technician
71.32 Class A Journeyman, Class B Journeyman, Installer,
71.33Lineman, or Maintenance Electrician
71.34
71.35
72.1 (c) If any new license is issued in accordance with this subdivision for less than two
72.2years, the fee for the license shall be prorated on an annual basis.
72.3 (d) A license fee may not be refunded after a license is issued or renewed. However,
72.4if the fee paid for a license was not prorated in accordance with this subdivision, the
72.5amount of the overpayment shall be refunded.
72.6 (e) Any contractor who seeks reissuance of a license after it has been revoked or
72.7suspended under this chapter shall submit a reissuance fee of $100 before the license is
72.8reinstated.
72.9 (f) The fee for the issuance of each duplicate license is $15.
72.10
72.11after the expiration of the license must submit a late fee equal to one year's license fee in
72.12addition to the full renewal fee. Fees for renewed licenses are not prorated. An individual
72.13or contractor that fails to renew a license by the expiration date is unlicensed until the
72.14license is renewed.
72.15
72.16
72.17
72.18
72.19
72.20
72.21
72.22
72.23
72.24
72.25
72.26
72.27
72.28
72.29
72.30
72.31
72.32
72.33
72.34
73.1
73.2
73.3
73.4
73.5
73.6
73.7
73.8
73.9
73.10
73.11
73.12
73.13
73.14
73.15
73.16
73.17
73.18
73.19
73.20
73.21
73.22
73.23
73.24
73.25
73.26
73.27
73.28
73.29
73.30
73.31
73.32
73.33
73.34
73.35
73.36
74.1
74.2
74.3
74.4
74.5
74.6
74.7
74.8
74.9
74.10
74.11
74.12
74.13
74.14
74.15
74.16
74.17
74.18
74.19
74.20
74.21
74.22
74.23
74.24
74.25
74.26
74.27
74.28
74.29
74.30
74.31
74.32
74.33
74.34
74.35
74.36
75.1
75.2
75.3
75.4
75.5
75.6
75.7
75.8
75.9
75.10
75.11
75.12
75.13
75.14
75.15
75.16
75.17
75.18
75.19
75.20
75.21
75.22
75.23
75.24
75.25
75.26
75.27
75.28
75.29
75.30
75.31
75.32
75.33
75.34
75.35
76.1
76.2
76.3
76.4
76.5
76.6
76.7
76.8
76.9
76.10
76.11
76.12
76.13 Subd. 11. Reciprocity.
76.14
76.15
76.16
76.17
76.18
76.19
76.20agreements for personal licenses with another state if approved by the board. Once
76.21approved by the board, the commissioner may issue a personal license without requiring
76.22the applicant to pass an examination provided the applicant:
76.23 (a) submits an application under section 326.242;
76.24 (b) pays the fee required under section 326.242; and
76.25 (c) holds a valid comparable license in the state participating in the agreement.
76.26 Agreements are subject to the following:
76.27 (1) The parties to the agreement must administer a statewide licensing program that
76.28includes examination and qualifying experience or training comparable to Minnesota's.
76.29 (2) The experience and training requirements under which an individual applicant
76.30qualified for examination in the qualifying state must be deemed equal to or greater than
76.31required for an applicant making application in Minnesota at the time the applicant
76.32acquired the license in the qualifying state.
76.33 (3) The applicant must have acquired the license in the qualifying state through an
76.34examination deemed equivalent to the same class of license examination in Minnesota.
76.35A lesser class of license may be granted where the applicant has acquired a greater
77.1class of license in the qualifying state and the applicant otherwise meets the conditions
77.2of this subdivision.
77.3 (4) At the time of application, the applicant must hold a valid license in the
77.4qualifying state and have held the license continuously for at least one year before making
77.5application in Minnesota.
77.6 (5) An applicant is not eligible for a license under this subdivision if the applicant
77.7has failed the same or greater class of license examination in Minnesota, or if the
77.8applicant's license of the same or greater class has been revoked or suspended.
77.9 (6) An applicant who has failed to renew a personal license for two years or more
77.10after its expiration is not eligible for a license under this subdivision.
77.11 Subd. 12. Exemptions from licensing. (a) An individual who is a maintenance
77.12electrician
77.13
77.14
77.15
77.16
77.17
77.18
77.19license under sections
77.20 (1) the individual is engaged in the maintenance and repair of electrical equipment,
77.21apparatus, and facilities that are owned or leased by the individual's employer and that are
77.22located within the limits of property operated, maintained, and either owned or leased by
77.23the individual's employer;
77.24 (2) the individual is supervised by:
77.25 (i) the responsible master electrician for a contractor who has contracted with the
77.26individual's employer to provide services for which a contractor's license is required; or
77.27 (ii) a licensed master electrician, a licensed maintenance electrician, an electrical
77.28engineer, or, if the maintenance and repair work is limited to technology circuit and system
77.29work, a licensed power limited technician; and
77.30 (3) the individual's employer has filed with the commissioner a certificate of
77.31responsible person, signed by the responsible master electrician of the contractor, the
77.32licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
77.33the licensed power limited technician, and stating that the person signing the certificate is
77.34responsible for ensuring that the maintenance and repair work performed by the employer's
77.35employees complies with the Minnesota Electrical Act and the rules adopted under that act.
78.1 (b) Employees of a licensed electrical or technology systems contractor or other
78.2employer where provided with supervision by a master electrician in accordance with
78.3subdivision 1, or power limited technician in accordance with subdivision 3d, paragraph
78.4(a), clause (1), are not required to hold a license under sections
78.5326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of
78.6technology circuits or systems except planning, laying out, or installing:
78.7 (1) in other than residential dwellings, class 2 or class 3 remote control circuits that
78.8control circuits or systems other than class 2 or class 3, except circuits that interconnect
78.9these systems through communication, alarm, and security systems are exempted from
78.10this paragraph;
78.11 (2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
78.12physically unprotected circuits other than class 2 or class 3; or
78.13 (3) technology circuits and systems in hazardous classified locations as covered by
78.14chapter 5 of the National Electrical Code.
78.15 (c) Companies and their employees that plan, lay out, install, alter, or repair class
78.162 and class 3 remote control wiring associated with plug or cord and plug connected
78.17appliances other than security or fire alarm systems installed in a residential dwelling are
78.18not required to hold a license under sections
78.19 (d) Heating, ventilating, air conditioning, and refrigeration contractors and their
78.20employees are not required to hold or obtain a license under sections
78.21
78.22refrigeration work as described in section
78.23 (e) Employees of any
78.24communications company as defined in section
78.25under section
78.26on behalf of any such utility, cable communications company, or telephone company, shall
78.27not be required to hold a license under sections
78.28 (1) while performing work on installations, materials, or equipment which are owned
78.29or leased, and operated and maintained by such utility, cable communications company, or
78.30telephone company in the exercise of its utility, antenna, or telephone function, and which
78.31 (i) are used exclusively for the generation, transformation, distribution, transmission,
78.32or metering of electric current, or the operation of railway signals, or the transmission
78.33of intelligence and do not have as a principal function the consumption or use of electric
78.34current or provided service by or for the benefit of any person other than such utility, cable
78.35communications company, or telephone company, and
79.1 (ii) are generally accessible only to employees of such utility, cable communications
79.2company, or telephone company or persons acting under its control or direction, and
79.3 (iii) are not on the load side of the service point or point of entrance for
79.4communication systems;
79.5 (2) while performing work on installations, materials, or equipment which are a part
79.6of the street lighting operations of such utility; or
79.7 (3) while installing or performing work on outdoor area lights which are directly
79.8connected to a utility's distribution system and located upon the utility's distribution poles,
79.9and which are generally accessible only to employees of such utility or persons acting
79.10under its control or direction.
79.11 (f) An owner shall not be required to hold or obtain a license under sections
79.12
79.13EFFECTIVE DATE.This section is effective December 1, 2007, except that
79.14the amendments to subdivision 8 are effective July 1, 2007, and the amendments to
79.15subdivision 11 are effective retroactively from January 1, 2007.
79.16 Sec. 21. Minnesota Statutes 2006, section 326.243, is amended to read:
79.17326.243 SAFETY STANDARDS.
79.18 All electrical wiring, apparatus and equipment for
79.19and power, technology circuits or systems shall comply with the rules of the department
79.20
79.21be installed in conformity with accepted standards of construction for safety to life and
79.22property. For the purposes of this chapter, the rules and safety standards stated at the
79.23time the work is done in the then most
79.24Electrical Code as adopted by the National Fire Protection Association, Inc. and approved
79.25by the American National Standards Institute, and the National Electrical Safety Code
79.26as published by the Institute of Electrical and Electronics Engineers, Inc. and approved
79.27by the American National Standards Institute, shall be prima facie evidence of accepted
79.28standards of construction for safety to life and property; provided further, that in the event
79.29a Minnesota Building Code is formulated pursuant to section
79.30methods of electrical construction for safety to life and property, compliance with said
79.31methods of electrical construction of said Minnesota Building Code shall also constitute
79.32compliance with this section, and provided further, that nothing herein contained shall
79.33prohibit any political subdivision from making and enforcing more stringent requirements
80.1than set forth herein and such requirements shall be complied with by all licensed
80.2electricians working within the jurisdiction of such political subdivisions.
80.3 Sec. 22. Minnesota Statutes 2006, section 326.244, subdivision 1a, is amended to read:
80.4 Subd. 1a. Technology systems. (a) The installation of the technology circuits or
80.5systems described in paragraph (b), except:
80.6 (1) minor work performed by a contractor;
80.7 (2) work performed by a heating, ventilating, or air conditioning contractor as
80.8described in section
80.9 (3) work performed by cable company employees when installing cable
80.10communications systems or telephone company employees when installing telephone
80.11systems,
80.12must be inspected as provided in this section for compliance with the applicable provisions
80.13of the National Electrical Code and the applicable provisions of the National Electrical
80.14Safety Code, as those codes were approved by the American National Standards Institute.
80.15 (b) The inspection requirements in paragraph (a) apply to:
80.16 (1)
80.17control circuits or systems other than class 2 or class 3
80.18that interconnect these systems exempted by section
80.19(b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures,
80.20or devices containing physically unprotected circuits other than class 2 or class 3; or
80.21technology circuits and systems in hazardous classified locations as covered by chapter 5
80.22of the National Electrical Code;
80.23 (2) fire alarm systems, other than in one- or two-family dwellings, as defined in
80.24articles 100 and 760 of the National Electrical Code;
80.25 (3) technology circuits and systems contained within critical care areas of health
80.26care facilities as defined by the safety standards identified in section
80.27but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
80.28monitoring, and nurse call systems;
80.29 (4) physical security systems within detention facilities
80.30 (5) circuitry and equipment for indoor lighting systems as defined in article 411
80.31of the National Electrical Code.
80.32 (c) For the purposes of this subdivision "minor work" means the adjustment or repair
80.33and replacement of worn or defective parts of a technology circuit or system. Minor work
80.34may be inspected under this section at the request of the owner of the property or the
80.35person doing the work.
81.1 (d) Notwithstanding this subdivision, if an electrical inspector observes that a
81.2contractor, employer, or owner has not complied with accepted standards when the
81.3work was performed, as provided in the most recent editions of the National Electrical
81.4Code and the National Electrical Safety Code as approved by the American National
81.5Standards Institute, the inspector may order the contractor, employer, or owner who has
81.6performed the work to file a request for electrical inspection, pay an inspection fee, and
81.7make any necessary repairs to comply with applicable standards and require that the
81.8work be inspected.
81.9 Sec. 23. Minnesota Statutes 2006, section 326.244, is amended by adding a subdivision
81.10to read:
81.11 Subd. 1b. Licenses; bond. All inspectors shall hold licenses as master or
81.12journeyman electricians under this chapter. All inspectors under contract with the
81.13department to provide electrical inspection services shall give bond in the amount of
81.14$1,000, conditioned upon the faithful performance of their duties.
81.15 Sec. 24. Minnesota Statutes 2006, section 326.244, subdivision 2, is amended to read:
81.16 Subd. 2. Procedure. (a) At or before commencement of any installation required
81.17to be inspected by the
81.18or owner making the installation shall submit to the
81.19for inspection, in a form prescribed by the
81.20required for the installation.
81.21 (b) The fees required are a handling fee and an inspection fee. The handling fee shall
81.22be set by the
81.23handling the form requesting an inspection. The inspection fee shall be set by the
81.24commissioner in an amount sufficient to pay the actual costs of the inspection and the
81.25
81.26to the procedure of sections
81.27 (c) If the inspector finds that the installation is not in compliance with accepted
81.28standards of construction for safety to life and property as required by section
81.29inspector shall by written order condemn the installation or noncomplying portion thereof,
81.30or order service to the installation disconnected, and shall send a copy of the order to
81.31the
81.32proximately endanger human life and property, the order of the inspector, when approved
81.33by the inspector's superior, shall require immediate condemnation or disconnection. In
81.34all other cases, the order of the inspector shall permit a reasonable opportunity for the
82.1installation to be brought into compliance with accepted standards of construction for
82.2safety to life and property prior to the effective time established for condemnation or
82.3disconnection.
82.4 (d) Copies of each condemnation or disconnection order shall be served personally
82.5or by mail upon the property owner, and the contractor, installer, or special electrician
82.6making the installation, and other persons as the
82.7An aggrieved party may appeal any condemnation or disconnection order by filing with the
82.8
82.9party of the condemnation or disconnection order, if this service is required, or (2) filing
82.10of the order with the
82.11and the order of the inspector shall have the effect the order, by its terms, and the rules of
82.12the
82.13procedures for the conduct of appeals, including provisions for the stay of enforcement of
82.14the order of the inspector pending such appeal when justified by the circumstances.
82.15 Sec. 25. Minnesota Statutes 2006, section 326.244, subdivision 3, is amended to read:
82.16 Subd. 3. Duty of electrical utility. No electrical installation subject to inspection
82.17by the
82.18is filed with the electrical utility supplying power a certificate of the property owner or
82.19licensed electrician, directing the work that inspection has been requested and that the
82.20conditions of the installation are safe for energization, provided further, that in all cases
82.21where an order of condemnation or disconnection has been issued against the installation
82.22or any part thereof, prior to connection or reconnection there shall also first be filed with
82.23the electrical utility supplying the power a copy of an order of the inspector or the
82.24commissioner dismissing such prior order of condemnation or disconnection or approving
82.25the installation as being in compliance with accepted standards of construction for safety
82.26to life and property. With respect to transient projects, the aforesaid certificate shall also
82.27contain a certification that the request for inspection has been or will be filed with the
82.28
82.29energization of the installation by the utility is to occur, and that the request for inspection
82.30states such date and time, and it shall be the responsibility of the
82.31to have inspection of such transient project occur prior to the date and time at which
82.32the request states energization is to occur.
82.33 Sec. 26. Minnesota Statutes 2006, section 326.244, subdivision 4, is amended to read:
83.1 Subd. 4. Powers of political subdivisions. Any political subdivision or the
83.2University of Minnesota may make provision for inspection of electrical installations
83.3within its jurisdiction, in which case it shall keep on file with the
83.4copies of its current inspection ordinances and codes. No political subdivision or the
83.5University of Minnesota shall require any individual, partnership, corporation or other
83.6business association holding a license from the
83.8however, that any such political subdivision or the University of Minnesota may provide
83.9by ordinance a requirement that each individual, partnership, corporation or other business
83.10association doing electrical work within the jurisdiction of such political subdivision or
83.11the University of Minnesota have on file with said political subdivision a copy of the
83.12current license issued by the
83.13may be provided by the
83.14 Each electrical inspector of any political subdivision or the University of Minnesota
83.15shall be a licensed master or journeyman electrician under section
83.161
83.17the sale, installing, altering, or repairing of electrical wiring, apparatus, or equipment for
83.18light, heat, power, and other purposes and shall have no financial interest in any concern
83.19engaged in any such business.
83.20 Sec. 27. Minnesota Statutes 2006, section 326.244, subdivision 5, is amended to read:
83.21 Subd. 5. Exemptions from inspections. Installations, materials, or equipment shall
83.22not be subject to inspection under sections
83.23 (1) when owned or leased, operated and maintained by any employer whose
83.24maintenance electricians are exempt from licensing under sections
83.25326B.31 to 326B.399, while performing electrical maintenance work only as defined
83.26by board rule;
83.27 (2) when owned or leased, and operated and maintained by any
83.28communications, or railway utility, cable communications company as defined in section
83.30utility, antenna, or telephone function; and
83.31 (i) are used exclusively for the generations, transformation, distribution,
83.32transmission, or metering of electric current, or the operation of railway signals, or the
83.33transmission of intelligence, and do not have as a principal function the consumption or
83.34use of electric current by or for the benefit of any person other than such utility, cable
83.35communications company, or telephone company; and
84.1 (ii) are generally accessible only to employees of such utility, cable communications
84.2company, or telephone company or persons acting under its control or direction; and
84.3 (iii) are not on the load side of the service point or point of entrance for
84.4communication systems;
84.5 (3) when used in the street lighting operations of an
84.6 (4) when used as outdoor area lights which are owned and operated by an
84.7electrical utility and which are connected directly to its distribution system and located
84.8upon the utility's distribution poles, and which are generally accessible only to employees
84.9of such utility or persons acting under its control or direction;
84.10 (5) when the installation, material, and equipment are in facilities subject to the
84.11jurisdiction of the federal Mine Safety and Health Act; or
84.12 (6) when the installation, material, and equipment is part of an elevator installation
84.13for which the elevator contractor, licensed under section
84.14a permit from the authority having jurisdiction as provided by section
84.15the inspection has been or will be performed by an elevator inspector certified
84.16
84.17This exemption shall apply only to installations, material, and equipment permitted
84.18or required to be connected on the load side of the disconnecting means required for
84.19elevator equipment under National
84.20communications and alarm systems within the machine room, car, hoistway, or elevator
84.21lobby.
84.22 Sec. 28. Minnesota Statutes 2006, section 326.2441, is amended to read:
84.23326.2441 INSPECTION FEE SCHEDULE.
84.24 Subdivision 1. Schedule. State electrical inspection fees shall be
84.25
84.26 Subd. 2. Fee for each separate inspection. The minimum fee for each separate
84.27inspection of an installation, replacement, alteration, or repair is
84.28otherwise provided in this section, the maximum number of separate inspections allowed
84.29without payment of an additional fee is the whole number resulting from dividing by
84.3035 the total fee calculated in accordance with this section. Where additional separate
84.31inspections are necessary, additional fees are required to result in a value equal to the total
84.32number of separate inspections multiplied by 35. The fee for any inspections needed after
84.33a "final inspection" is performed shall be calculated without consideration of any fee
84.34paid before the final inspection.
85.1 Subd. 3. Fee for services, generators, other power supply sources, or feeders to
85.2separate structures. The inspection fee for the installation, addition, alteration, or repair
85.3of each service, change of service, temporary service, generator, other power supply
85.4source, or feeder to a separate structure is:
85.5 (1) 0 ampere to and including 400 ampere capacity,
85.6 (2) 401 ampere to and including 800 ampere capacity,
85.7 (3) ampere capacity above 800,
85.8 Where multiple disconnects are grouped at a single location and are supplied by a
85.9single set of supply conductors the cumulative rating of the overcurrent devices shall be
85.10used to determine the supply ampere capacity.
85.11 Subd. 4. Fee for circuits, feeders, feeder taps, or sets of transformer secondary
85.12conductors. The inspection fee for the installation, addition, alteration, or repair of
85.13each circuit, feeder, feeder tap, or set of transformer secondary conductors, including
85.14the equipment served, is:
85.15 (1) 0 ampere to and including 200 ampere capacity,
85.16 (2) ampere capacity above 200,
85.17 Where existing feeders and circuits are reconnected to overcurrent devices installed
85.18as part of the replacement of an existing disconnect, switchboard, motor control center, or
85.19panelboard, the inspection fee for each circuit or feeder is $2.
85.20 Subd. 5.
85.21 (a) The inspection fee for a one-family dwelling and each dwelling unit of a two-family
85.22dwelling
85.23
85.24the following:
85.25 (1) the fee for each service or other source of power as provided in subdivision 3;
85.26 (2) $100 for up to 30 feeders and circuits; and
85.27 (3) for each additional feeder or circuit, the fee as provided in subdivision 4.
85.28This fee applies to each separate installation for new dwellings and
85.29
85.30or more feeders or circuits are installed or extended in connection with any addition,
85.31alteration, or repair to existing dwellings. Where existing feeders and circuits are
85.32reconnected to overcurrent devices installed as part of the replacement of an existing
85.33panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
85.34of separate inspections shall be determined in accordance with subdivision 2. The
85.35fee for additional inspections or other installations is that specified in subdivisions 2
85.36
86.1request for electrical inspection. The fee for each detached accessory structure directly
86.2associated with a dwelling unit shall be calculated in accordance with subdivisions 3 and
86.34. When included on the same request for electrical inspection form, inspection fees for
86.4detached accessory structures directly associated with the dwelling unit may be combined
86.5with the dwelling unit fees to determine the maximum number of separate inspections in
86.6accordance with subdivision 2.
86.7 (b) The inspection fee for each dwelling unit of a multifamily dwelling with three
86.8
86.9$70 for a combination of up to 20 feeders and circuits and $6 for each additional feeder
86.10or circuit. This fee applies to each separate installation for each new dwelling unit and
86.11where ten or more feeders or circuits are installed or extended in connection with any
86.12addition, alteration, or repair to existing dwelling units. Where existing feeders or circuits
86.13are reconnected to overcurrent devices installed as part of the replacement of an existing
86.14panelboard, the fee for each reconnected feeder or circuit is $2. The maximum number
86.15of separate inspections for each dwelling unit shall be determined in accordance with
86.16subdivision 2. The fee for additional inspections or for inspection of other installations
86.17is that specified in subdivisions 2, 4, 6, and 8. These fees include only inspection of the
86.18wiring within individual dwelling units and the final feeder to that unit
86.19
86.20
86.21and each dwelling unit is supplied by a separate feeder or feeders extended from common
86.22service or distribution equipment. The fee for multifamily dwelling services or other
86.23power source supplies and all other circuits is that specified in subdivisions 2 to 4
86.24
86.25
86.26
86.27 (c) A separate request for electrical inspection form must be filed for each dwelling
86.28unit that is supplied with an individual set of service entrance conductors. These fees are
86.29the one-family dwelling rate specified in paragraph (a).
86.30 Subd. 6. Additions to fees of subdivisions 3 to 5. (a) The fee for the electrical
86.31supply for each manufactured home park lot is
86.32feeder conductors up to and including the service equipment or disconnecting means.
86.33The fee for feeders and circuits that extend from the service or disconnecting means is
86.34that specified in subdivision 4.
87.1 (b) The fee for each recreational vehicle site electrical supply equipment is
87.2for each circuit originating within the equipment. The fee for recreational vehicle park
87.3services, feeders, and circuits is that specified in subdivisions 3 and 4.
87.4 (c) The fee for each street, parking lot, or outdoor area lighting standard
87.5
87.6signal controller shall not be used when
87.7 (d) The fee for transformers for light, heat, and power is
87.8rated up to ten kilovolt-amperes and
87.9kilovolt-amperes. The previous sentence does not apply to Class 1 transformers or power
87.10supplies for Class 1 power-limited circuits or to Class 2 or Class 3 transformers or power
87.11supplies.
87.12 (e) The fee for transformers and electronic power supplies for electric signs and
87.13outline lighting is $5 per unit.
87.14 (f) The fee for
87.15circuits or systems, and circuits of less than 50 volts, is
87.16or apparatus.
87.17 (g) The fee for each separate inspection of the bonding for a swimming pool, spa,
87.18fountain, an equipotential plane for an agricultural confinement area, or similar installation
87.19
87.20being concealed.
87.21 (h) The fee for all wiring installed on center pivot irrigation booms is
87.22$5 for each electrical drive unit.
87.23 (i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
87.24
87.25 (j) When a separate inspection of a concrete-encased grounding electrode is
87.26performed, the fee is $35.
87.27 (k) The fees required by subdivisions 3 and 4 are doubled for installations over
87.28600 volts.
87.29 Subd. 7. Investigation fees: work without a request for electrical inspection.
87.30 (a) Whenever any work for which a request for electrical inspection is required
87.31
87.32
87.33inspection form is accepted
87.34 (b) An investigation fee, in addition to the full fee required by subdivisions 1
87.35to 6, shall be paid before an inspection is made. The investigation fee is two times the
87.36
88.1by subdivisions 1 to 6, whichever is greater, not to exceed $1,000. The payment of the
88.2investigation fee does not exempt any person from compliance with all other provisions of
88.3the
88.4 Subd. 8. Reinspection fee. Notwithstanding the provisions of subdivisions 2 and 5,
88.5when reinspection is necessary to determine whether unsafe conditions identified during a
88.6final inspection have been corrected and the conditions are not the subject of an appeal
88.7pending before the
88.8shall be assessed in writing by the inspector.
88.9 Subd. 9. Supplemental fee. When inspections scheduled by the installer are
88.10preempted, obstructed, prevented, or otherwise not able to be completed as scheduled due
88.11to circumstances beyond the control of the inspector, a supplemental inspection fee of
88.12
88.13 Subd. 10. Special inspection. For inspections not covered in this section, or for
88.14requested special inspections or services, the fee
88.15travel time, plus
88.16cost of equipment or material consumed. This provision is applicable to inspection
88.17of empty conduits and other jobs as may be determined by the
88.18This fee may also be assessed when installations are not accessible by roadway and
88.19require alternate forms of transportation
88.20inspections are performed outside of Minnesota. For purposes of this subdivision,
88.21the standard mileage rate is the standard mileage rate effective at the time of travel,
88.22as established by the Internal Revenue Service for computing the deductible costs of
88.23operating an automobile for business expense purposes.
88.24 Subd. 11. Inspection of transitory projects. (a) For inspection of transitory
88.25projects including, but not limited to, festivals, fairs, carnivals, circuses, shows, production
88.26sites, and portable road construction plants, the inspection procedures and fees are as
88.27specified in paragraphs (b) to (i).
88.28 (b) The fee for inspection of each generator or other source of supply is that specified
88.29in subdivision 3. A like fee is required at each engagement or setup.
88.30 (c) In addition to the fee for generators or other sources of supply, there must be an
88.31inspection of all installed feeders, circuits, and equipment at each engagement or setup at
88.32the hourly rate specified in subdivision 10, with a
88.33 (d) An owner, operator, or appointed representative of a transitory enterprise
88.34including, but not limited to, festivals, fairs, carnivals, circuses, production companies,
88.35shows, portable road construction plants, and similar enterprises shall notify the
88.36commissioner of its itinerary or schedule and make application for initial inspection a
89.1minimum of 14 days before its first engagement or setup. An owner, operator, or appointed
89.2representative of a transitory enterprise who fails to notify the
89.3days before its first engagement or setup may be subject to the investigation fees specified
89.4in subdivision 7. The owner, operator, or appointed representative shall request inspection
89.5and pay the inspection fee for each subsequent engagement or setup at the time of the initial
89.6inspection. For subsequent engagements or setups not listed on the itinerary or schedule
89.7submitted to the
89.8least 48 hours in advance, a charge of $100 may be made in addition to all required fees.
89.9 (e) Amusement rides, devices, concessions, attractions, or other units must be
89.10inspected at their first appearance of the year. The inspection fee is
89.11supply of up to 60 amperes and
89.12 (f) An additional fee at the hourly rate specified in subdivision 10 must be charged
89.13for additional time spent by each inspector if equipment is not ready or available for
89.14inspection at the time and date specified on the application for initial inspection or the
89.15request for electrical inspection form.
89.16 (g) In addition to the fees specified in paragraphs (a) and (b), a fee of
89.17hour at the hourly rate specified in subdivision 10 must be charged for inspections required
89.18to be performed on Saturdays, Sundays, holidays, or after regular business hours.
89.19 (h) The fee for reinspection of corrections or supplemental inspections where an
89.20additional trip is necessary may be assessed as specified in subdivision 8.
89.21 (i) The
89.22operator, or appointed representative of a transitory enterprise fails to notify the
89.23commissioner at least 48 hours in advance of a scheduled inspection that is canceled.
89.24 Subd. 11a. Negotiated fee. When the fee calculated in accordance with subdivisions
89.252 to 11 results in a total fee that unreasonably exceeds the cost of inspection, the
89.26commissioner may negotiate a fee that more reasonably offsets the cost of inspection.
89.27 Subd. 12. Handling fee. The handling fee to pay the cost of printing and handling
89.28of the paper form requesting an electrical inspection is up to $1.
89.29 Subd. 13. National Electrical Code used for interpretation of provisions. For
89.30purposes of interpretation of this section and Minnesota Rules, chapter 3800, the most
89.31recently adopted edition of the National Electrical Code shall be prima facie evidence of
89.32the definitions, interpretations, and scope of words and terms used.
89.33EFFECTIVE DATE.This section is effective July 1, 2007.
90.1 Sec. 29. Minnesota Statutes 2006, section 326.245, is amended to read:
90.2326.245 MANUFACTURED ELECTRICAL PARTS; EXEMPTION.
90.3 Subdivision 1. Manufacturers. Electrical components, apparatus, or appliances
90.4being manufactured within the limits of property which is owned or leased by a
90.5manufacturer and such manufacturer's production employees are not covered by sections
90.7 Subd. 2. Electrical appliance units. Installation, alteration, or repair of electrical
90.8appliance units are not covered by sections
90.9the purposes of this section, "electrical appliance units" means all electrical and fossil
90.10fuel appliances that use electricity including, but not limited to, furnaces, water heaters,
90.11stoves, clothes washers, dryers, and dishwashers. The installation of electrical wiring to an
90.12electrical appliance unit is covered by sections
90.13 Subd. 3. Other units. Planning, laying out, and installation of heating, ventilating,
90.14air conditioning, or refrigeration units are not covered by sections
90.15326B.31 to 326B.399. For purposes of this section, heating, ventilating, air conditioning,
90.16or refrigeration units include, but are not limited to, air conditioning units, air conditioning
90.17evaporators, air conditioning condensers, air conditioning and refrigeration chillers,
90.18boilers, furnaces, air handling units, rooftop units, humidifiers, ice makers, and
90.19supermarket, ice arena, and bar/restaurant equipment. The installation of electrical wiring
90.20to the unit is covered by sections
90.21 Subd. 4. Other equipment. Planning, laying out, alteration, replacement, or
90.22repair of heating, ventilating, air conditioning, or refrigeration equipment, and associated
90.23devices, controls, and wiring including wiring in or on the equipment, are not covered
90.24by sections
90.25employee of a heating, ventilating, air conditioning, or refrigeration contractor provided
90.26that the employee performing the work has received a certificate of completion from a
90.27heating, ventilating, air conditioning, or refrigeration apprenticeship program approved
90.28by the state of Minnesota or any class of personal
90.29commissioner. Employees registered in an approved heating, ventilating, air conditioning,
90.30or refrigeration program may design, plan, alter, replace, or repair heating, ventilating, air
90.31conditioning, or refrigeration equipment, devices, and controls including wiring in or on
90.32the equipment, under the direction of an employee who has a certificate of completion
90.33from an approved program or any class of personal
90.34commissioner. The installation of electrical wiring to the unit is covered by sections
91.1 Sec. 30. Minnesota Statutes 2006, section 326.248, is amended to read:
91.2326.248 CITATION.
91.3 Sections
91.4Electrical Act.
91.5 Sec. 31. [326B.31] DEFINITIONS.
91.6 Subdivision 1. Scope. For purposes of sections 326B.31 to 326B.399, the terms
91.7defined in this section have the meanings given them.
91.8 Subd. 2. Class A electrical contractor. "Class A electrical contractor" means a
91.9licensed contractor whose responsible licensed individual is a licensed Class A master
91.10electrician.
91.11 Subd. 7. Class B electrical contractor. "Class B electrical contractor" means a
91.12licensed contractor whose responsible licensed individual is a licensed Class B master
91.13electrician.
91.14 Subd. 23. Personal license. "Personal license" means any license issued by the
91.15commissioner under section 326B.33 or the rules adopted under section 326B.33, except a
91.16contractor's license.
91.17 Subd. 27. Responsible licensed individual. A contractor's "responsible licensed
91.18individual" means the licensed Class A master electrician, Class B master electrician,
91.19master elevator constructor, or power limited technician designated in writing by the
91.20contractor in the contractor's license application, or in another manner acceptable to the
91.21commissioner, as the individual responsible for the contractor's compliance with sections
91.22326B.31 to 326B.399 and all rules and orders adopted or issued under these sections. The
91.23terms "licensed responsible individual" and "licensed responsible master electrician or
91.24power limited technician" are synonymous.
91.25 Subd. 32. Technology system contractor. "Technology system contractor" means
91.26a licensed contractor whose responsible licensed individual is a licensed power limited
91.27technician.
91.28 Sec. 32. REVISOR'S INSTRUCTION.
91.29 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
91.30column A with the number listed in column B. The revisor shall also make necessary
91.31cross-reference changes consistent with the renumbering.
92.24 Sec. 33. REPEALER.
92.25Minnesota Statutes 2006, sections 326.01, subdivision 4; 326.241; and 326.247, are
92.26repealed.
92.29 Section 1. Minnesota Statutes 2006, section 325E.37, subdivision 6, is amended to read:
92.30 Subd. 6. Scope; limitations. (a) This section applies to a sales representative who,
92.31during some part of the period of the sales representative agreement:
92.32 (1) is a resident of Minnesota or maintains that person's principal place of business
92.33in Minnesota; or
92.34 (2) whose geographical territory specified in the sales representative agreement
92.35includes part or all of Minnesota.
93.1 (b) To be effective, any demand for arbitration under subdivision 5 must be made
93.2in writing and delivered to the principal on or before one year after the effective date of
93.3the termination of the agreement.
93.4 (c) A provision in any contract between a sales representative dealing in plumbing
93.5equipment or supplies and a principal purporting to waive any provision of this act,
93.6whether by express waiver or by a provision stipulating that the contract is subject to the
93.7laws of another state, shall be void.
93.8 Sec. 2. Minnesota Statutes 2006, section 326.01, subdivision 7, is amended to read:
93.9 Subd. 7. Journeyman plumber. A "journeyman plumber" is
93.10individual, other than a master plumber, who, as a principal occupation, is engaged as an
93.11employee of, or is otherwise working under the direction of, a master plumber in the
93.12practical installation of plumbing.
93.13 Sec. 3. Minnesota Statutes 2006, section 326.01, subdivision 8, is amended to read:
93.14 Subd. 8. Master plumber. A "master plumber" is
93.15skilled in the planning, superintending, and the practical installation of plumbing
93.16is otherwise lawfully qualified to contract for plumbing and installations and to conduct
93.17the business of plumbing and who is familiar with the laws and rules governing the same.
93.18 Sec. 4. Minnesota Statutes 2006, section 326.37, is amended to read:
93.19326.37 RULES; AGREEMENTS WITH MUNICIPALITIES; CAPACITY
93.20STANDARDS; LICENSE EXEMPTION.
93.21 Subdivision 1. Rules. The
93.22rule, prescribe minimum standards which shall be uniform
93.23
93.24alterations, and replacements connected with any water or sewage disposal system owned
93.25or operated by or for any municipality, institution, factory, office building, hotel, apartment
93.26building, or any other place of business regardless of location or the population of the city
93.27or town in which the installation is to be located. Notwithstanding the provisions of
93.28Minnesota Rules, part 4715.3130, as they apply to review of plans and specifications,
93.29the commissioner may allow plumbing construction, alteration, or extension to proceed
93.30without approval of the plans or specifications by the commissioner.
93.31 The commissioner shall administer the provisions of sections
94.1 Subd. 1a. Agreements with municipalities. The commissioner may enter into an
94.2agreement with a municipality, in which the municipality agrees to perform plan and
94.3specification reviews required to be performed by the commissioner under Minnesota
94.4Rules, part 4715.3130, if:
94.5 (a) the municipality has adopted:
94.6 (1) the plumbing code;
94.7 (2) an ordinance that requires plumbing plans and specifications to be submitted to,
94.8reviewed, and approved by the municipality, except as provided in paragraph (h);
94.9 (3) an ordinance that authorizes the municipality to perform inspections required by
94.10the plumbing code; and
94.11 (4) an ordinance that authorizes the municipality to enforce the plumbing code in its
94.12entirety, except as provided in paragraph (p);
94.13 (b) the municipality agrees to review plumbing plans and specifications for all
94.14construction for which the plumbing code requires the review of plumbing plans and
94.15specifications, except as provided in paragraph (n);
94.16 (c) the municipality agrees that, when it reviews plumbing plans and specifications
94.17under paragraph (b), the review will:
94.18 (1) reflect the degree to which the plans and specifications affect the public health
94.19and conform to the provisions of the plumbing code;
94.20 (2) ensure that there is no physical connection between water supply systems that
94.21are safe for domestic use and those that are unsafe for domestic use; and
94.22 (3) ensure that there is no apparatus through which unsafe water may be discharged
94.23or drawn into a safe water supply system;
94.24 (d) the municipality agrees to perform all inspections required by the plumbing
94.25code in connection with projects for which the municipality reviews plumbing plans and
94.26specifications under paragraph (b);
94.27 (e) the commissioner determines that the individuals who will conduct the
94.28inspections and the plumbing plan and specification reviews for the municipality do not
94.29have any conflict of interest in conducting the inspections and the plan and specification
94.30reviews;
94.31 (f) individuals who will conduct the plumbing plan and specification reviews for
94.32the municipality are:
94.33 (1) licensed master plumbers;
94.34 (2) licensed professional engineers; or
95.1 (3) individuals who are working under the supervision of a licensed professional
95.2engineer or licensed master plumber and who are licensed master or journeyman plumbers
95.3or hold a postsecondary degree in engineering;
95.4 (g) individuals who will conduct the plumbing plan and specification reviews for
95.5the municipality have passed a competency assessment required by the commissioner to
95.6assess the individual's competency at reviewing plumbing plans and specifications;
95.7 (h) individuals who will conduct the plumbing inspections for the municipality
95.8are licensed master or journeyman plumbers, or inspectors meeting the competency
95.9requirements established in rules adopted under section 16B.655;
95.10 (i) the municipality agrees to enforce in its entirety the plumbing code on all
95.11projects, except as provided in paragraph (p);
95.12 (j) the municipality agrees to keep official records of all documents received,
95.13including plans, specifications, surveys, and plot plans, and of all plan reviews, permits
95.14and certificates issued, reports of inspections, and notices issued in connection with
95.15plumbing inspections and the review of plumbing plans and specifications;
95.16 (k) the municipality agrees to maintain the records described in paragraph (j) in the
95.17official records of the municipality for the period required for the retention of public
95.18records under section 138.17, and shall make these records readily available for review at
95.19the request of the commissioner;
95.20 (l) the municipality and the commissioner agree that if at any time during the
95.21agreement the municipality does not have in effect the plumbing code or any of ordinances
95.22described in item (a), or if the commissioner determines that the municipality is not
95.23properly administering and enforcing the plumbing code or is otherwise not complying
95.24with the agreement:
95.25 (1) the commissioner may, effective 14 days after the municipality's receipt of
95.26written notice, terminate the agreement;
95.27 (2) the municipality may challenge the termination in a contested case before the
95.28commissioner pursuant to the Administrative Procedure Act; and
95.29 (3) while any challenge is pending under item (2), the commissioner shall perform
95.30plan and specification reviews within the municipality under Minnesota Rules, part
95.314715.3130;
95.32 (m) the municipality and the commissioner agree that the municipality may terminate
95.33the agreement with or without cause on 90 days' written notice to the commissioner;
95.34 (n) the municipality and the commissioner agree that the municipality shall forward
95.35to the state for review all plumbing plans and specifications for the following types of
95.36projects within the municipality:
96.1 (1) hospitals, nursing homes, supervised living facilities, and similar
96.2health-care-related facilities regulated by the Minnesota Department of Health;
96.3 (2) buildings owned by the federal or state government; and
96.4 (3) projects of a special nature for which department review is requested by either
96.5the municipality or the state;
96.6 (o) where the municipality forwards to the state for review plumbing plans and
96.7specifications, as provided in paragraph (n), the municipality shall not collect any fee for
96.8plan review, and the commissioner shall collect all applicable fees for plan review; and
96.9 (p) no municipality shall revoke, suspend, or place restrictions on any plumbing
96.10license issued by the state.
96.11 Subd. 1b. Existing agreements with municipalities. Any agreement between the
96.12commissioner and a municipality in which the municipality has agreed to perform plan
96.13and specification reviews required to be performed by the commissioner under Minnesota
96.14Rules, part 4715.3130, that is in effect on the effective date of subdivision 1a, shall
96.15remain in effect and shall not be required to be in compliance with subdivision 1a. If any
96.16agreement to perform plan and specification reviews required to be performed by the
96.17commissioner under Minnesota Rules, part 4715.3130, in effect on the effective date of
96.18subdivision 1a is later terminated by operation of the terms of the agreement or by either
96.19the commissioner or the municipality, or expires, then any new agreement between the
96.20commissioner and the municipality to perform plan and specification reviews required to
96.21be performed by the commissioner under Minnesota Rules, part 4715.3130, shall comply
96.22with subdivision 1a.
96.23 Subd. 2. Standards for capacity.
96.24closets in areas under jurisdiction of the
96.25of more than 1.6 gallons. The water closets must meet the standards
96.26
96.27 Subd. 3. Exemption. No license or registration authorized by
96.28326.361 to 326.44 shall be required of any
96.29in or employed by a person engaged in the work or business of pipe laying outside of
96.30buildings if such
96.31has traditionally performed such work within the state prior to January 1, 1994.
96.32 Subd. 4. Air admittance valves and water-free urinals prohibited. (a)
96.33Mechanical devices and fittings with internal moving parts are prohibited from installation
96.34in plumbing venting systems.
96.35 (b) All urinals covered under the jurisdiction of the state plumbing code must have a
96.36water flush device with a volume of not more than one gallon per use.
97.1 Sec. 5. [326.3705] PLUMBING BOARD.
97.2 Subdivision 1. Composition. (a) The plumbing board shall consist of 13 members.
97.3Eleven members shall be appointed by the governor with the advice and consent of the
97.4senate and shall be voting members. Appointments of members by the governor shall be
97.5made in accordance with section 15.066. If the senate votes to refuse to consent to an
97.6appointment of a member made by the governor, the governor shall appoint a new member
97.7with the advice and consent of the senate. One member shall be the commissioner of
97.8labor and industry or the commissioner of labor and industry's designee, who shall be a
97.9voting member. One member shall be the commissioner of health or the commissioner of
97.10health's designee, who shall not be a voting member. Of the 11 appointed members, the
97.11composition shall be as follows:
97.12 (1) two members shall be municipal plumbing inspectors, one from the metropolitan
97.13area and one from greater Minnesota;
97.14 (2) one member shall be a licensed professional engineer specializing in plumbing
97.15designs or systems;
97.16 (3) two members shall be commercial/industrial plumbing contractors, one from the
97.17metropolitan area and one from greater Minnesota;
97.18 (4) one member shall be a residential plumbing contractor;
97.19 (5) two members shall be commercial/industrial journeymen, one from the
97.20metropolitan area and one from greater Minnesota;
97.21 (6) one member shall be a residential plumbing journeyman;
97.22 (7) one member shall be a water conditioning contractor; and
97.23 (8) one member shall be a municipal public water supply system operator or
97.24superintendent.
97.25One of the municipal plumbing inspectors shall be appointed for an initial term to end on
97.26December 31, 2010. The other municipal plumbing inspector shall be appointed for an
97.27initial term to end on December 31, 2011. The professional engineer shall be appointed for
97.28an initial term to end on December 31, 2011. One of the commercial/industrial plumbing
97.29contractors shall be appointed for an initial term to end on December 31, 2010. The other
97.30commercial/industrial plumbing contractor shall be appointed for an initial term to end
97.31on December 31, 2011. The residential plumbing contractor shall be appointed for an
97.32initial term to end on December 31, 2010. One of the commercial/industrial plumbing
97.33journeymen shall be appointed for an initial term to end on December 31, 2011. The other
97.34commercial/industrial plumbing journeyman shall be appointed for an initial term to end
97.35on December 31, 2010. The residential plumbing journeyman shall be appointed for an
97.36initial term to end on December 31, 2011. The water conditioning contractor shall be
98.1appointed for an initial term to end on December 31, 2011. The municipal public water
98.2supply system operator or superintendent shall be appointed for an initial term to end
98.3on December 31, 2010.
98.4 (b) The licensed professional engineer must possess a current Minnesota professional
98.5engineering license and maintain the license for the duration of their term. All other
98.6appointed members, except for the water conditioning contractor and the municipal public
98.7water supply system operator or superintendent, must possess a current plumbing license
98.8issued by the Department of Labor and Industry and maintain that license for the duration
98.9of their term. The water conditioning contractor must be licensed as a water conditioning
98.10contractor by the Department of Labor and Industry and maintain the license for the
98.11duration of the term on the board. All appointed members must be residents of Minnesota
98.12at the time of and throughout the member's appointment. The term of any appointed
98.13member that does not maintain membership qualification status shall end on the date of
98.14the status change and the governor shall appoint a new member. It is the responsibility of
98.15the member to notify the board of the member's status change.
98.16 (c) For appointed members, except the initial terms designated in paragraph (a), each
98.17term shall be three years with the terms ending on December 31. Members appointed by
98.18the governor shall be limited to three consecutive terms. The governor shall, all or in part,
98.19reappoint the current members or appoint replacement members with the advice and
98.20consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
98.21term. Vacancies occurring with less than six months time remaining in the term shall be
98.22filled for the existing term and the following three-year term. Members may serve until
98.23their successors are appointed but in no case later than July 1 in a year in which the term
98.24expires unless reappointed.
98.25 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
98.26power to:
98.27 (1) elect its chair, vice-chair, and secretary;
98.28 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
98.29and containing such other provisions as may be useful and necessary for the efficient
98.30conduct of the business of the board;
98.31 (3) adopt the plumbing code that must be followed in this state and any plumbing
98.32code amendments thereto. The board shall adopt the plumbing code and any amendments
98.33thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);
98.34 (4) review requests for final interpretations and issue final interpretations as provided
98.35in section 16B.63, subdivision 5;
99.1 (5) except for rules regulating continuing education, adopt rules that regulate the
99.2licensure or registration of plumbing contractors, journeymen, apprentices, master
99.3plumbers, restricted master plumbers, and restricted journeymen and other persons
99.4engaged in the design, installation, and alteration of plumbing systems, except for those
99.5individuals licensed under sections 326.02, subdivisions 2 and 3. The board shall adopt
99.6these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e) and (f);
99.7 (6) advise the commissioner regarding educational requirements for plumbing
99.8inspectors;
99.9 (7) refer complaints or other communications to the commissioner, whether oral or
99.10written, as provided in subdivision 7, that alleges or implies a violation of a statute, rule,
99.11or order that the commissioner has the authority to enforce pertaining to code compliance,
99.12licensure, or an offering to perform or performance of unlicensed plumbing services;
99.13 (8) approve per diem and expenses deemed necessary for its members as provided in
99.14subdivision 3;
99.15 (9) approve license reciprocity agreements;
99.16 (10) select from its members individuals to serve on any other state advisory council,
99.17board, or committee; and
99.18 (11) recommend the fees for licenses and certifications.
99.19Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
99.20Board of High Pressure Piping Systems, the commissioner of labor and industry shall
99.21administer and enforce the provisions of this chapter and any rules promulgated pursuant
99.22thereto.
99.23 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
99.24 (c) The commissioner shall coordinate the board's rulemaking and recommendations
99.25with the recommendations and rulemaking conducted by the other boards created pursuant
99.26to chapter 326B. The commissioner shall provide staff support to the board. The support
99.27includes professional, legal, technical, and clerical staff necessary to perform rulemaking
99.28and other duties assigned to the board. The commissioner of labor and industry shall
99.29supply necessary office space and supplies to assist the board in its duties.
99.30 Subd. 3. Compensation. (a) Members of the board may be compensated at a rate
99.31of $55 a day spent on board activities, when authorized by the board, plus expenses in
99.32the same manner and amount as authorized by the commissioner's plan adopted under
99.33section 43A.18, subdivision 2. Members who, as a result of time spent attending board
99.34meetings, incur child care expenses that would not otherwise have been incurred, may be
99.35reimbursed for those expenses upon board authorization.
100.1 (b) Members who are state employees or employees of the political subdivisions
100.2of the state must not receive the daily payment for activities that occur during working
100.3hours for which they are compensated by the state or political subdivision. However, a
100.4state or political subdivision employee may receive the daily payment if the employee
100.5uses vacation time or compensatory time accumulated in accordance with a collective
100.6bargaining agreement or compensation plan for board activities. Members who are state
100.7employees or employees of the political subdivisions of the state may receive the expenses
100.8provided for in this subdivision unless the expenses are reimbursed by another source.
100.9Members who are state employees or employees of political subdivisions of the state
100.10may be reimbursed for child care expenses only for time spent on board activities that
100.11are outside their working hours.
100.12 (c) The board shall adopt internal standards prescribing what constitutes a day spent
100.13on board activities for purposes of making daily payments under this subdivision.
100.14 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
100.15removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
100.16missing three consecutive meetings. The chair of the board shall inform the governor of an
100.17appointed member missing the three consecutive meetings. After the second consecutive
100.18missed meeting and before the next meeting, the secretary of the board shall notify the
100.19appointed member in writing that the member may be removed for missing the next
100.20meeting. In the case of a vacancy on the board, the governor shall, with the advice
100.21and consent of the senate, appoint a person to fill the vacancy for the remainder of the
100.22unexpired term.
100.23 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
100.24 Subd. 5. Membership vacancies within three months of appointment.
100.25 Notwithstanding any law to the contrary, when a membership on the board becomes
100.26vacant within three months after being filled through the appointments process, the
100.27governor may, upon notification to the office of secretary of state, choose a new member
100.28from the applications on hand and need not repeat the process.
100.29 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
100.30members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
100.31majority of members of the board qualified to vote on the matter in question. All questions
100.32concerning the manner in which a meeting is conducted or called that is not covered
100.33by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
100.34specified by the bylaws.
100.35 (b) Except as provided in paragraph (c), each plumbing code amendment considered
100.36by the board that receives an affirmative two-thirds or more majority vote of all of the
101.1voting members of the board shall be included in the next plumbing code rulemaking
101.2proceeding initiated by the board. If a plumbing code amendment considered, or
101.3reconsidered, by the board receives less than a two-thirds majority vote of all the voting
101.4members of the board, the plumbing code amendment shall not be included in the next
101.5plumbing code rulemaking proceeding initiated by the board.
101.6 (c) If the plumbing code amendment considered by the board is to replace the
101.7Minnesota Plumbing Code with a model plumbing code, then the amendment may only be
101.8included in the next plumbing code rulemaking proceeding if it receives an affirmative
101.9two-thirds or more majority vote of all the voting members of the board.
101.10 (d) The board may reconsider plumbing code amendments during an active
101.11plumbing code rulemaking proceeding in which the amendment previously failed to
101.12receive a two-thirds majority vote or more of all the voting members of the board only if
101.13new or updated information that affects the plumbing code amendment is presented to the
101.14board. The board may also reconsider failed plumbing code amendments in subsequent
101.15plumbing code rulemaking proceedings.
101.16 (e) Each proposed rule and rule amendment considered by the board pursuant to the
101.17rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
101.18affirmative majority vote of all the voting members of the board shall be included in the
101.19next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
101.20considered, or reconsidered, by the board receives less than an affirmative majority vote of
101.21all the voting members of the board, the proposed rule or rule amendment shall not be
101.22included in the next rulemaking proceeding initiated by the board.
101.23 (f) The board may reconsider proposed rules or rule amendments during an
101.24active rulemaking proceeding in which the amendment previously failed to receive an
101.25affirmative majority vote of all the voting members of the board only if new or updated
101.26information that affects the proposed rule or rule amendment is presented to the board.
101.27The board may also reconsider failed proposed rules or rule amendments in subsequent
101.28rulemaking proceedings.
101.29 Subd. 6a. Board meetings. (a) The board shall hold meetings at such times as the
101.30board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
101.31and in such a manner as the bylaws may provide.
101.32 (b) If compliance with section 13D.02 is impractical, the board may conduct a
101.33meeting of its members by telephone or other electronic means so long as the following
101.34conditions are met:
101.35 (1) all members of the board participating in the meeting, wherever their physical
101.36location, can hear one another and can hear all discussion and testimony;
102.1 (2) members of the public present at the regular meeting location of the board can
102.2hear clearly all discussion and testimony and all votes of members of the board and, if
102.3needed, receive those services required by sections 15.44 and 15.441;
102.4 (3) at least one member of the board is physically present at the regular meeting
102.5location; and
102.6 (4) all votes are conducted by roll call, so each member's vote on each issue can be
102.7identified and recorded.
102.8Each member of the board participating in a meeting by telephone or other electronic
102.9means is considered present at the meeting for purposes of determining a quorum and
102.10participating in all proceedings.
102.11 If telephone or other electronic means is used to conduct a regular, special, or
102.12emergency meeting, the board, to the extent practical, shall allow a person to monitor
102.13the meeting electronically from a remote location. The board may require the person
102.14making such a connection to pay for documented costs that the board incurs as a result of
102.15the additional connection.
102.16 If telephone or other electronic means is used to conduct a regular, special, or
102.17emergency meeting, the board shall provide notice of the regular meeting location, of the
102.18fact that some members may participate by telephone or other electronic means, and that
102.19a person may monitor the meeting electronically from a remote location. Any person
102.20monitoring the meeting electronically from a remote location may be required to pay
102.21documented costs incurred by the board as a result of the additional connection. The
102.22timing and method of providing notice is governed by section 13D.04.
102.23 Subd. 7. Complaints. (a) The board shall promptly forward to the commissioner
102.24the substance of any complaint or communication it receives, whether written or oral,
102.25that alleges or implies a violation of a statute, rule, or order that the commissioner has
102.26the authority to enforce pertaining to the license or registration of any person authorized
102.27by the department to provide plumbing services, the performance or offering to perform
102.28plumbing services requiring licensure by an unlicensed person, or plumbing code
102.29compliance. Each complaint or communication that is forwarded to the commissioner
102.30shall be submitted on a form provided by the commissioner.
102.31 (b) The commissioner shall advise the board of the status of the complaint within 90
102.32days after the board's written submission is received, or within 90 days after the board
102.33is provided with a written request for additional information or documentation from the
102.34commissioner or the commissioner's designee, whichever is later. The commissioner shall
102.35advise the board of the disposition of a complaint referred by the board within 180 days
103.1after the board's written submission is received. The commissioner shall annually report to
103.2the board a summary of the actions taken in response to complaints referred by the board.
103.3 Subd. 8. Data Practices Act. The board is subject to chapter 13, the Minnesota
103.4Government Data Practices Act, and shall protect from unlawful disclosure data classified
103.5as not public.
103.6 Subd. 9. Official records. The board shall make and preserve all records necessary
103.7to a full and accurate knowledge of its official activities in accordance with section 15.17.
103.8EFFECTIVE DATE.This section is effective July 1, 2007.
103.9 Sec. 6. Minnesota Statutes 2006, section 326.38, is amended to read:
103.10326.38 LOCAL REGULATIONS.
103.11
103.12
103.13
103.14regulations providing for plumbing permits,
103.15and inspections of plumbing, which regulations are not in conflict with the plumbing
103.16
103.17city having a system of waterworks or sewerage, regardless of population; any town
103.18having a population of 5,000 or more according to the last federal census, exclusive of any
103.19statutory cities located therein; and the Metropolitan Airports Commission. No
103.20
103.21from engaging in or working at the business of plumbing, except cities and statutory cities
103.22which, prior to April 21, 1933, by ordinance required the licensing of plumbers. No such
103.23entity shall require any person who engages in the business of plumbing to post a bond
103.24as a prerequisite for engaging in the business of plumbing, except the bond to the state
103.25required under section 326.40 and except any performance bond required under a contract
103.26with the person for the performance of plumbing work for the entity. No such entity shall
103.27require any person who engages in the business of plumbing to maintain public liability
103.28insurance as a prerequisite for engaging in the business of plumbing, except the insurance
103.29required under section 326.40 and except any public liability insurance required under
103.30a contract with the person for the performance of plumbing work for the entity. Any
103.31city by ordinance may prescribe regulations, reasonable standards, and inspections and
103.32grant permits to any person
103.33water softeners, who is not licensed as a master plumber or journeyman plumber by the
103.34
104.1to private residence water distribution systems, where provision has been previously
104.2made therefor and openings left for that purpose or by use of cold water connections to
104.3a domestic water heater; where it is not necessary to rearrange, make any extension or
104.4alteration of, or addition to any pipe, fixture or plumbing connected with the water system
104.5except to connect the water softener, and provided the connections so made comply with
104.6minimum standards prescribed by the
104.7 Sec. 7. Minnesota Statutes 2006, section 326.38, is amended to read:
104.8326.38 LOCAL REGULATIONS.
104.9 Any city having a system of waterworks or sewerage, or any town in which reside
104.10over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
104.11airports commission, may, by ordinance, adopt local regulations providing for plumbing
104.12permits, bonds, approval of plans, and inspections of plumbing, which regulations are
104.13not in conflict with the plumbing standards on the same subject prescribed by the state
104.14
104.15licensed by the state commissioner of
104.16working at the business, except cities and statutory cities which, prior to April 21, 1933,
104.17by ordinance required the licensing of plumbers. No city or town may require a license
104.18for persons performing building sewer or water service installation who have completed
104.19pipe laying training as prescribed by the commissioner of labor and industry. Any city
104.20by ordinance may prescribe regulations, reasonable standards, and inspections and grant
104.21permits to any person, firm, or corporation engaged in the business of installing water
104.22softeners, who is not licensed as a master plumber or journeyman plumber by the state
104.23commissioner of
104.24equipment to private residence water distribution systems, where provision has been
104.25previously made therefor and openings left for that purpose or by use of cold water
104.26connections to a domestic water heater; where it is not necessary to rearrange, make any
104.27extension or alteration of, or addition to any pipe, fixture or plumbing connected with
104.28the water system except to connect the water softener, and provided the connections so
104.29made comply with minimum standards prescribed by the
104.30Plumbing Board.
104.31 Sec. 8. Minnesota Statutes 2006, section 326.39, is amended to read:
104.32326.39 VIOLATIONS TO BE REPORTED TO
104.33
105.1 Such local authority as may be designated by any such ordinance for the issuance of
105.2such plumbing permits and approval of such plans shall report to the
105.3
105.4plumber observed by the local authority.
105.5 Sec. 9. Minnesota Statutes 2006, section 326.40, is amended to read:
105.6326.40 LICENSING, BOND AND INSURANCE.
105.7 Subdivision 1.
105.8master and journeyman plumbers; plumbing on one's own premises; rules for
105.9examination. In any city
105.10population of 5,000 or more, according to the last federal census, and having a system
105.11of waterworks or sewerage, no
105.12work at the business of a master plumber or journeyman plumber unless licensed to do so
105.13by the
105.14plumber.
105.15with the provisions of the minimum standard prescribed by the
105.16
105.17a residence, unless otherwise forbidden to do so by a local ordinance.
105.18 In any such city no person
105.19planning, superintending, or installing plumbing
105.20with the dealing in and selling of plumbing material and supplies unless at all times a
105.21licensed master plumber, who shall be responsible for proper planning, superintending,
105.22and installation, is in charge of the plumbing work of the person
105.23 The
105.24herewith, for the examination and licensing of plumbers.
105.25 Subd. 2. Bond; insurance. Any person contracting to do plumbing work must give
105.26bond to the state in the amount of $25,000 for all work entered into within the state. The
105.27bond shall be for the benefit of persons injured or suffering financial loss by reason of
105.28failure to comply with the requirements of the State Plumbing Code.
105.29
105.30
105.31by a corporate surety licensed to do business in the state.
105.32 In addition, each applicant for a master plumber license or renewal thereof,
105.33shall provide evidence of public liability insurance, including products liability insurance
105.34with limits of at least $50,000 per person and $100,000 per occurrence and property
105.35damage insurance with limits of at least $10,000. The insurance shall be written by an
106.1insurer licensed to do business in the state of Minnesota and each licensed master plumber
106.2shall maintain on file with the
106.3insurance providing that the insurance shall not be canceled without the insurer first giving
106.415 days written notice to the commissioner. The term of the insurance shall be concurrent
106.5with the term of the license.
106.6
106.7 Subd. 3. Bond and insurance exemption. If a master plumber
106.8
106.9
106.10
106.11compliance with the bond and insurance requirements of subdivision 2 employs another
106.12master plumber, the employee master plumber shall not be required to meet the bond and
106.13insurance requirements of subdivision 2. A master plumber who is an employee working
106.14on the maintenance and repair of plumbing equipment, apparatus, or facilities owned or
106.15leased by their employer and which is within the limits of property owned or leased, and
106.16operated or maintained by their employer, shall not be required to meet the bond and
106.17insurance requirements of subdivision 2.
106.18
106.19
106.20
106.21
106.22 Subd. 5. Fee.
106.23bond to the state under subdivision 2 shall pay the department an annual bond
106.24registration fee
106.25
106.26EFFECTIVE DATE.This section is effective December 1, 2007, except that the
106.27amendments to subdivision 5 are effective July 1, 2007.
106.28 Sec. 10. Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:
106.29 Subdivision 1. License required
106.30
106.31
106.32engage in or work at the business of a master plumber
106.33journeyman plumber, and restricted journeyman plumber unless licensed to do so by the
106.34state commissioner of
106.35performing building sewer or water service installation who have completed pipe laying
107.1training as prescribed by the commissioner of labor and industry. A master plumber may
107.2also work as a journeyman plumber, a restricted journeyman plumber, and a restricted
107.3master plumber. A journeyman plumber may also work as a restricted journeyman
107.4plumber. Anyone not so licensed may do plumbing work which complies with the
107.5provisions of the minimum
107.6
107.7by the worker as a residence, unless otherwise forbidden to do so by a local ordinance.
107.8
107.9installing plumbing nor install plumbing in connection with the dealing in and selling
107.10of plumbing material and supplies unless at all times a licensed master plumber, or in
107.11cities and towns with a population of fewer than 5,000 according to the federal census a
107.12restricted master plumber, who shall be responsible for proper installation, is in charge
107.13of the plumbing work of the person, firm, or corporation.
107.14
107.15
107.16 Sec. 11. Minnesota Statutes 2006, section 326.401, is amended to read:
107.17326.401 PLUMBER'S APPRENTICES.
107.18 Subdivision 1. Registration.
107.19registered. To be a registered plumber's apprentice, an individual must either:
107.20 (1) be an individual employed in the trade of plumbing under an apprenticeship
107.21agreement approved by the department under Minnesota Rules, part 5200.0300; or
107.22 (2) be an unlicensed individual registered with the commissioner
107.23
107.24
107.25
107.26assist in the installation of plumbing only while under the direct supervision of a master,
107.27restricted master, journeyman, or restricted journeyman plumber. The master, restricted
107.28master, journeyman, or restricted journeyman plumber is responsible for ensuring that all
107.29plumbing work performed by the plumber's apprentice complies with the plumbing code.
107.30 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four
107.31years of practical plumbing experience is eligible to take the journeyman plumbing
107.32examination. Up to 24 months of practical plumbing experience prior to
107.33
107.34requirement. However, none of this practical plumbing experience may be applied if the
107.35
108.1immediately prior to
108.2may adopt rules to evaluate whether the
108.3experience is applicable in preparing for the journeyman's examination. If two years after
108.4completing the training the
108.5of experience shall be forfeited.
108.6 The commissioner may allow an extension of the two-year period for taking the
108.7exam for cases of hardship or other appropriate circumstances.
108.8 Subd. 3. Registration, rules, applications, renewals, and fees.
108.9
108.10
108.11commissioner a registration form provided by the commissioner. A completed registration
108.12form must state the date the individual began training, the individual's age, schooling,
108.13previous experience, and employer, and other information required by the commissioner.
108.14The board may prescribe rules, not inconsistent with this section, for the registration of
108.15unlicensed individuals. Each applicant for initial registration as a plumber's apprentice
108.16shall pay the department an application fee of $25. Applications for initial registration
108.17may be submitted at any time. Registration must be renewed annually and shall be for the
108.18period from July 1 of each year to June 30 of the following year. Applications for renewal
108.19registration must be received by the commissioner by June 30 of each registration period
108.20on forms provided by the commissioner, and must be accompanied by a fee of $25. An
108.21application for renewal registration received on or after July 1 in any year but no more
108.22than three months after expiration of the previously issued registration must pay the past
108.23due renewal fee plus a late fee of $25. No applications for renewal registration will be
108.24accepted more than three months after expiration of the previously issued registration.
108.25EFFECTIVE DATE.This section is effective July 1, 2007.
108.26 Sec. 12. Minnesota Statutes 2006, section 326.401, subdivision 2, is amended to read:
108.27 Subd. 2. Journeyman exam. A plumber's apprentice who has completed four years
108.28of practical plumbing experience is eligible to take the journeyman plumbing examination.
108.29Up to 24 months of practical plumbing experience prior to registration as an apprentice
108.30may be applied to the four-year experience requirement. However, none of this practical
108.31plumbing experience may be applied if the person did not have any practical plumbing
108.32experience in the 12-month period immediately prior to registration. The
108.33Plumbing Board may adopt rules to evaluate whether the person's past practical plumbing
108.34experience is applicable in preparing for the journeyman's examination. If two years
109.1after completing the training the person has not taken the examination, the four years
109.2of experience shall be forfeited.
109.3 The commissioner may allow an extension of the two-year period for taking the
109.4exam for cases of hardship or other appropriate circumstances.
109.5 Sec. 13. [326.402] RESTRICTED PLUMBER LICENSE.
109.6 Subdivision 1. Licensure. The commissioner of labor and industry shall grant a
109.7restricted journeyman or restricted master plumber license to an individual if:
109.8 (1) the individual completes an application with information required by the
109.9commissioner of labor and industry;
109.10 (2) the completed application is accompanied by a fee of $30;
109.11 (3) the commissioner of labor and industry receives the completed application and
109.12fee before January 1, 2008;
109.13 (4) the completed application demonstrates that the applicant has had at least two
109.14years for a restricted journeyman plumber license or four years for a restricted master
109.15plumber license of practical plumbing experience in the plumbing trade prior to the
109.16application; and
109.17 (5) during the entire time for which the applicant is claiming experience in
109.18contracting for plumbing work under clause (4), the applicant was in compliance with all
109.19applicable bond requirements of section 326.40.
109.20 Subd. 2. Use of license. A restricted master plumber and restricted journeyman
109.21plumber may engage in the plumbing trade in all areas of the state except in cities and
109.22towns with a population of more than 5,000 according to the federal census.
109.23 Subd. 3. Application period. Applications for restricted master plumber and
109.24restricted journeyman plumber licenses must be submitted to the commissioner prior
109.25to January 1, 2008.
109.26 Subd. 4. Renewal; use period for license. A restricted master plumber and
109.27restricted journeyman plumber license must be renewed annually for as long as that
109.28licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
109.29restricted journeyman plumber license within 12 months after the expiration date will
109.30result in permanent forfeiture of the restricted master plumber and restricted journeyman
109.31plumber license.
109.32 Subd. 5. Prohibition of transference. A restricted master plumber and restricted
109.33journeyman plumber license may not be transferred or sold to any other person.
110.1 Subd. 6. Bond; insurance. A restricted master or a restricted journeyman plumber
110.2licensee is subject to the bond and insurance requirements of section 326.40, subdivision
110.32, unless the exemption provided by section 326.40, subdivision 3, applies.
110.4 Subd. 7. Fee. The annual fee for the restricted master plumber and restricted
110.5journeyman plumber licenses is the same fee as for a master or journeyman plumber
110.6license, respectively.
110.7EFFECTIVE DATE.This section is effective July 1, 2007.
110.8 Sec. 14. Minnesota Statutes 2006, section 326.405, is amended to read:
110.9326.405 RECIPROCITY WITH OTHER STATES.
110.10
110.11
110.12
110.13
110.14
110.15reciprocity agreements for personal licenses with another state if approved by the board.
110.16Once approved by the board, the commissioner may issue a plumber's license without
110.17requiring the applicant to pass an examination provided the applicant:
110.18 (a) submits an application under section 326.42;
110.19 (b) pays the fee required under section 326.42; and
110.20 (c) holds a valid comparable license in the state participating in the agreement.
110.21 Agreements are subject to the following:
110.22 (1) The parties to the agreement must administer a statewide licensing program that
110.23includes examination and qualifying experience or training comparable to Minnesota's.
110.24 (2) The experience and training requirements under which an individual applicant
110.25qualified for examination in the qualifying state must be deemed equal to or greater than
110.26required for an applicant making application in Minnesota at the time the applicant
110.27acquired the license in the qualifying state.
110.28 (3) The applicant must have acquired the license in the qualifying state through an
110.29examination deemed equivalent to the same class of license examination in Minnesota.
110.30A lesser class of license may be granted where the applicant has acquired a greater
110.31class of license in the qualifying state and the applicant otherwise meets the conditions
110.32of this subdivision.
111.1 (4) At the time of application, the applicant must hold a valid license in the
111.2qualifying state and have held the license continuously for at least one year before making
111.3application in Minnesota.
111.4 (5) An applicant is not eligible for a license under this subdivision if the applicant
111.5has failed the same or greater class of license examination in Minnesota, or if the
111.6applicant's license of the same or greater class has been revoked or suspended.
111.7 (6) An applicant who has failed to renew a plumber's license for two years or more
111.8after its expiration is not eligible for a license under this subdivision.
111.9 Sec. 15. Minnesota Statutes 2006, section 326.42, subdivision 1, is amended to read:
111.10 Subdivision 1. Application. Applications for plumber's license shall be made to the
111.11state commissioner of
111.12to a renewal, the applicant shall be licensed by the state commissioner of
111.13industry only after passing a satisfactory examination developed and administered by the
111.14
111.15Board showing fitness. Examination fees for both journeyman and master plumbers
111.16shall be in an amount prescribed by the state commissioner of
111.17pursuant to section
111.18the examination for original license the applicant shall submit an application, with the
111.19license fee herein provided. License fees shall be in an amount prescribed by the state
111.20commissioner of
111.21expire and be renewed as prescribed by the commissioner pursuant to section
111.22 Sec. 16. Minnesota Statutes 2006, section 326.42, is amended to read:
111.23326.42 APPLICATIONS, FEES.
111.24 Subdivision 1. Application. Applications for plumber's license shall be made to
111.25the
111.26the applicant shall be licensed by the
111.27a satisfactory examination by the examiners showing fitness. Examination fees for
111.28both journeyman and master plumbers shall be
111.29
111.30being notified
111.31the applicant shall submit an application, with the license fee herein provided.
111.32
111.33
111.34
112.1license shall be $120. The license fee for each initial and renewal journeyman plumber's
112.2license shall be $55. The commissioner may by rule prescribe for the expiration and
112.3renewal of licenses. Any licensee who does not renew a license within two years after the
112.4license expires is no longer eligible for renewal. Such an individual must retake and pass
112.5the examination before a new license will be issued. A journeyman or master plumber
112.6who submits a license renewal application after the time specified in rule but within two
112.7years after the license expired must pay all past due renewal fees plus a late fee of $25.
112.8 Subd. 2. Fees for plan reviews and audits. Plumbing system plans and
112.9specifications that are submitted to the commissioner for review shall be accompanied by
112.10the appropriate plan examination fees. If the commissioner determines, upon review of
112.11the plans, that inadequate fees were paid, the necessary additional fees shall be paid prior
112.12to plan approval. The commissioner shall charge the following fees for plan reviews and
112.13audits of plumbing installations for public, commercial, and industrial buildings:
112.14 (1) systems with both water distribution and drain, waste, and vent systems and
112.15having:
112.16 (i) 25 or fewer drainage fixture units, $150;
112.17 (ii) 26 to 50 drainage fixture units, $250;
112.18 (iii) 51 to 150 drainage fixture units, $350;
112.19 (iv) 151 to 249 drainage fixture units, $500;
112.20 (v) 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum
112.21of $4,000; and
112.22 (vi) interceptors, separators, or catch basins, $70 per interceptor, separator, or catch
112.23basin design;
112.24 (2) building sewer service only, $150;
112.25 (3) building water service only, $150;
112.26 (4) building water distribution system only, no drainage system, $5 per supply
112.27fixture unit or $150, whichever is greater;
112.28 (5) storm drainage system, a minimum fee of $150 or:
112.29 (i) $50 per drain opening, up to a maximum of $500; and
112.30 (ii) $70 per interceptor, separator, or catch basin design;
112.31 (6) manufactured home park or campground, one to 25 sites, $300;
112.32 (7) manufactured home park or campground, 26 to 50 sites, $350;
112.33 (8) manufactured home park or campground, 51 to 125 sites, $400;
112.34 (9) manufactured home park or campground, more than 125 sites, $500;
112.35 (10) accelerated review, double the regular fee, one-half to be refunded if no
112.36response from the commissioner within 15 business days; and
113.1 (11) revision to previously reviewed or incomplete plans:
113.2 (i) review of plans for which the commissioner has issued two or more requests for
113.3additional information, per review, $100 or ten percent of the original fee, whichever
113.4is greater;
113.5 (ii) proposer-requested revision with no increase in project scope, $50 or ten percent
113.6of original fee, whichever is greater; and
113.7 (iii) proposer-requested revision with an increase in project scope, $50 plus the
113.8difference between the original project fee and the revised project fee.
113.9 Subd. 3. Inspection fees. The commissioner shall charge the following fees for
113.10inspections under sections 326.361 to 326.44:
113.20EFFECTIVE DATE.This section is effective July 1, 2007.
113.21 Sec. 17. [326B.41] PURPOSE.
113.22 The purpose of sections 326B.41 to 326B.49 is to promote the public health and
113.23safety through properly designed, acceptably installed, and adequately maintained
113.24plumbing systems.
113.25 Sec. 18. [326B.42] DEFINITIONS.
113.26 Subdivision 1. Words, terms, and phrases. For purposes of sections 326B.41 to
113.27326B.49, the terms defined in this section have the meanings given to them.
113.28 Subd. 2. Direct supervision. The term "direct supervision," with respect to direct
113.29supervision of a plumber's apprentice by a master, restricted master, journeyman, or
113.30restricted journeyman plumber, means that:
113.31 (1) at all times while the plumber's apprentice is performing plumbing work, the
113.32supervising plumber is present at the location where the plumber's apprentice is working;
113.33 (2) the supervising plumber is physically present and immediately available to the
113.34plumber's apprentice at all times for assistance and direction;
114.1 (3) any form of electronic supervision does not meet the requirement of physically
114.2present;
114.3 (4) the supervising plumber actually reviews the plumbing work performed by the
114.4plumber's apprentice before the plumbing is operated; and
114.5 (5) the supervising plumber is able to and does determine that all plumbing work
114.6performed by the plumber's apprentice is performed in compliance with the plumbing code.
114.7 Subd. 3. Municipality. The term "municipality" shall have the meaning given to it
114.8in section 16B.60, subdivision 3.
114.9 Subd. 4. Plumbing code. "Plumbing code" means Minnesota Rules, chapter 4715.
114.10 Sec. 19. REVISOR'S INSTRUCTION.
114.11 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
114.12column A with the number listed in column B. The revisor shall also make necessary
114.13cross-referenced changes consistent with the renumbering.
114.25 Sec. 20. REPEALER.
114.26Minnesota Statutes 2006, section 326.01, subdivision 9, is repealed.
114.29 Section 1. Minnesota Statutes 2006, section 326.57, subdivision 1, is amended to read:
114.30 Subdivision 1. Rulemaking by commissioner
114.31
114.32which standards shall thereafter be effective for all new water conditioning servicing
114.33and water conditioning installations, including additions, extensions, alterations, and
114.34replacements connected with any water or sewage disposal system owned or operated by
115.1or for any municipality, institution, factory, office building, hotel, apartment building or
115.2any other place of business, regardless of location or the population of the city, county
115.3or town in which located.
115.4
115.5
115.6 Sec. 2. Minnesota Statutes 2006, section 326.58, is amended to read:
115.7326.58 LOCAL REGULATIONS.
115.8 Any city or town with a population of 5,000 or more
115.9federal census may, by ordinance, adopt local regulations providing for water conditioning
115.10permits, bonds, approval of plans, and inspections of water conditioning installations and
115.11servicing, which regulations shall not be in conflict with the water conditioning standards
115.12on the same subject prescribed by the
115.13town shall prohibit water conditioning contractors or installers licensed by the
115.14commissioner
115.15 Sec. 3. Minnesota Statutes 2006, section 326.59, is amended to read:
115.16326.59 VIOLATIONS TO BE REPORTED TO
115.17
115.18 Such local authority as may be designated by any such ordinance for the issuance
115.19of such water conditioning installation and servicing permits and approval of such plans
115.20shall report to the
115.21same and any incompetence of a licensed water conditioning contractor or licensed water
115.22conditioning installer observed by the local authority.
115.23 Sec. 4. Minnesota Statutes 2006, section 326.60, is amended to read:
115.24326.60 LICENSING IN CERTAIN CITIES; QUALIFICATIONS; RULES.
115.25 Subdivision 1. Licensing in certain cities. In any city or town
115.26having a population of 5,000 or more according to the last federal census, no person
115.27
115.28servicing after January 1, 1970, unless
115.29as a water conditioning contractor by the
115.30for the proper water conditioning installation and servicing work of such person
115.31
115.32
116.1conditioning installer.
116.2conditioning work
116.3prescribed by the
116.4and
116.5prohibited by a local ordinance.
116.6 Subd. 2. Qualifications for licensing. A water conditioning contractor license
116.7shall be issued only to
116.8superintending, and servicing water conditioning installations. A water conditioning
116.9installer license shall only be issued to
116.10conditioning contractor who has demonstrated practical knowledge of water conditioning
116.11installation.
116.12 Subd. 3. Rules. The
116.13
116.14conditioning contractors and installers;
116.15
116.16
116.17conditioning contractors and installers prior to first granting a license as a water
116.18conditioning contractor or water conditioning installer; and
116.19
116.20conditioning contractor and
116.21as a water conditioning installer in an amount
116.22
116.23must successfully pass the examination for water conditioning contractors before being
116.24licensed as a water conditioning contractor.
116.25 Sec. 5. Minnesota Statutes 2006, section 326.601, is amended to read:
116.26326.601 ALTERNATIVE STATE BONDING AND INSURANCE
116.27REGULATION.
116.28 Subdivision 1. Bonds. (a) An applicant for a water conditioning contractor or
116.29installer license or renewal thereof who is required by any political subdivision to give a
116.30bond to obtain or maintain the license, may comply with any political subdivision bonding
116.31requirement by giving a bond to the state as described in paragraph (b). No applicant for a
116.32water conditioning contractor or installer license who maintains the bond under paragraph
116.33(b) shall be otherwise required to meet the bond requirements of any political subdivision.
116.34 (b) Each bond given to the state under this subdivision shall be in the total
116.35of $3,000 conditioned upon the faithful and lawful performance of all water conditioning
117.1contracting or installing work done within the state. The bond shall be for the benefit of
117.2persons suffering injuries or damages due to the work. The bond shall be filed with the
117.3commissioner
117.4in this state.
117.5
117.6
117.7while the application is pending and while the license is in effect.
117.8 Subd. 2. Insurance. (a) Each applicant for a water conditioning contractor or
117.9installer license or renewal thereof
117.10
117.11
117.12obtain or maintain the license may comply with any political subdivision's insurance
117.13requirement by maintaining the insurance described in paragraph (b). No applicant for a
117.14water conditioning contractor or installer license who maintains the insurance described
117.15in paragraph (b) shall be otherwise required to meet the insurance requirements of any
117.16political subdivision.
117.17 (b) The insurance shall provide coverage, including products liability coverage,
117.18for all damages in connection with licensed work for which the licensee is liable, with
117.19personal damage limits of at least $50,000 per person and $100,000 per occurrence and
117.20property damage insurance with limits of at least $10,000. The insurance shall be written
117.21by an insurer licensed to do business in this state and
117.22
117.23evidencing the insurance shall be filed with the commissioner. The insurance must remain
117.24in effect at all times while the application is pending and while the license is in effect. The
117.25insurance shall not be canceled without the insurer first giving 15 days' written notice to
117.26the commissioner.
117.27 Subd. 3. Bond and insurance exemption. A water conditioning contractor or
117.28installer who is an employee of a water conditioning contractor or installer, including
117.29an employee engaged in the maintenance and repair of water conditioning equipment,
117.30apparatus, or facilities owned, leased and operated, or maintained by the employer, is
117.31not required to meet the bond and insurance requirements of subdivisions 1 and 2 or of
117.32any political subdivision.
117.33 Subd. 4. Fee. The commissioner
117.34
117.35
118.1from each applicant for issuance or renewal of a water conditioning contractor or installer
118.2license who elects to proceed under subdivisions 1 and 2.
118.3EFFECTIVE DATE.This section is effective December 1, 2007, except that the
118.4amendments to subdivision 4 are effective July 1, 2007.
118.5 Sec. 6. Minnesota Statutes 2006, section 326.61, subdivision 1, is amended to read:
118.6 Subdivision 1. Water conditioning installation. "Water conditioning installation"
118.7
118.8and fixtures designed to treat water so as to alter, modify, add or remove mineral, chemical
118.9or bacterial content, said installation to be made in a water distribution system serving a
118.10single family residential unit, which has been initially established by a licensed plumber,
118.11and does not involve a direct connection without an air gap to a soil or waste pipe.
118.12 Sec. 7. Minnesota Statutes 2006, section 326.61, subdivision 2, is amended to read:
118.13 Subd. 2. Water conditioning servicing. "Water conditioning servicing"
118.14
118.15a water conditioning installation.
118.16 Sec. 8. Minnesota Statutes 2006, section 326.61, subdivision 3, is amended to read:
118.17 Subd. 3. Rules. In order to provide effective protection of the public health, the
118.18
118.19to, extension of, or connection with, the said water distribution system initially established
118.20by a licensed plumber which may be performed by a person licensed hereunder, and may
118.21by rule in appropriate instances require filing of plans, blueprints and specifications prior
118.22to commencement of installation.
118.23
118.24
118.25conditioning installation and consequently such work shall be accomplished in accordance
118.26with the provisions of sections
118.27 Sec. 9. Minnesota Statutes 2006, section 326.61, subdivision 4, is amended to read:
118.28 Subd. 4. Single family residential unit. "Single family residential unit"
118.29
118.30used or intended to be used for residential occupancy by one family, but not including a
118.31motel, hotel or rooming house.
119.1 Sec. 10. Minnesota Statutes 2006, section 326.62, is amended to read:
119.2326.62
119.3
119.4
119.5
119.6
119.7by a contract under section 326B.05, examination fees for both water conditioning
119.8contractors and water conditioning installers shall be $50 for each examination. Each
119.9water conditioning contractor and installer license shall expire on December 31 of the year
119.10for which it was issued. The license fee for each initial water conditioning contractor's
119.11license shall be $70, except that the license fee shall be $35 if the application is submitted
119.12during the last three months of the calendar year. The license fee for each renewal water
119.13conditioning contractor's license shall be $70. The license fee for each initial water
119.14conditioning installer license shall be $35, except that the license fee shall be $17.50 if the
119.15application is submitted during the last three months of the calendar year. The license fee
119.16for each renewal water conditioning installer license shall be $35. The commissioner may
119.17by rule prescribe for the expiration and renewal of licenses. Any licensee who does not
119.18renew a license within two years after the license expires is no longer eligible for renewal.
119.19Such an individual must retake and pass the examination before a new license will be
119.20issued. A water conditioning contractor or water conditioning installer who submits a
119.21license renewal application after the time specified in rule but within two years after the
119.22license expired must pay all past due renewal fees plus a late fee of $25.
119.23EFFECTIVE DATE.This section is effective July 1, 2007.
119.24 Sec. 11. Minnesota Statutes 2006, section 326.65, is amended to read:
119.25326.65 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.
119.26 The provisions of sections
119.27licenses to engage in the work or business of water conditioning installation, and the
119.28provisions
119.29only apply to work accomplished in cities or towns having populations of 5,000 or more
119.30according to the last federal census, and shall not apply to master plumbers and journeymen
119.31plumbers licensed under the provisions of sections
119.32 Sec. 12. [326B.50] DEFINITIONS.
120.1 Subdivision 1. Words, terms, and phrases. For the purposes of sections 326B.50
120.2to 326B.59, the terms defined in this section have the meanings given them.
120.3 Sec. 13. REVISOR'S INSTRUCTION.
120.4 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
120.5column A with the number listed in column B. The revisor shall also make necessary
120.6cross-reference changes consistent with the renumbering.
120.21 Section 1. Minnesota Statutes 2006, section 325E.58, is amended to read:
120.22325E.58 SIGN CONTRACTOR; BOND.
120.23 (a) A sign contractor may post a compliance bond with the commissioner,
120.24conditioned that the sign contractor shall faithfully perform duties and comply with laws,
120.25ordinances, rules, and contracts entered into for the installation of signs. The bond must
120.26be renewed annually and maintained for so long as determined by the commissioner. The
120.27aggregate liability of the surety on the bond to any and all persons, regardless of the
120.28number of claims made against the bond, may not exceed the annual amount of the bond.
120.29The bond may be canceled as to future liability by the surety upon 30 days' written notice
120.30mailed to the commissioner by United States mail.
120.31 (b) The amount of the bond shall be $8,000. The bond may be drawn upon only by
120.32a local unit of government that requires sign
120.33bond. The bond is in lieu of any compliance bond required by a local unit of government.
120.34 (c) For purposes of this section, "sign" means a device, structure, fixture, or
120.35placard using graphics, symbols, or written copy that is erected on the premises of an
121.1establishment including the name of the establishment or identifying the merchandise,
121.2services, activities, or entertainment available on the premises.
121.3 Sec. 2. Minnesota Statutes 2006, section 326.83, subdivision 6, is amended to read:
121.4 Subd. 6. Lessee. "Lessee" means one who rents or leases residential real estate
121.5pursuant to a written lease agreement of at least one year's duration.
121.6 Sec. 3. Minnesota Statutes 2006, section 326.83, subdivision 7, is amended to read:
121.7 Subd. 7. Licensee. "Licensee" means a residential building contractor, residential
121.8remodeler, manufactured home installer, or residential roofer licensed under sections
121.10 Sec. 4. Minnesota Statutes 2006, section 326.83, subdivision 11, is amended to read:
121.11 Subd. 11. Owner.
121.12
121.13
121.14
121.15
121.16
121.17
121.18a person who has any legal or equitable interest in the real property.
121.19 Sec. 5. Minnesota Statutes 2006, section 326.83, subdivision 18, is amended to read:
121.20 Subd. 18. Residential roofer. "Residential roofer" means a person in the business
121.21of contracting, or offering to contract with an owner, to complete work on residential real
121.22estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of
121.23roof systems, but not construction of new roof systems.
121.24 Sec. 6. Minnesota Statutes 2006, section 326.83, subdivision 19, is amended to read:
121.25 Subd. 19. Special skill. "Special skill" means one of the following eight categories:
121.26 (a) Excavation. Excavation includes work in any of the following areas:
121.27 (1) excavation;
121.28 (2) trenching;
121.29 (3) grading; and
121.30 (4) site grading.
122.1 (b) Masonry and concrete. Masonry and concrete includes work in any of the
122.2following areas:
122.3 (1) drain systems;
122.4 (2) poured walls;
122.5 (3) slabs and poured-in-place footings;
122.6 (4) masonry walls;
122.7 (5) masonry fireplaces;
122.8 (6) masonry veneer; and
122.9 (7) water resistance and waterproofing.
122.10 (c) Carpentry. Carpentry includes work in any of the following areas:
122.11 (1) rough framing;
122.12 (2) finish carpentry;
122.13 (3) doors, windows, and skylights;
122.14 (4) porches and decks, excluding footings;
122.15 (5) wood foundations; and
122.16 (6) drywall installation, excluding taping and finishing.
122.17 (d) Interior finishing. Interior finishing includes work in any of the following areas:
122.18 (1) floor covering;
122.19 (2) wood floors;
122.20 (3) cabinet and counter top installation;
122.21 (4) insulation and vapor barriers;
122.22 (5) interior or exterior painting;
122.23 (6) ceramic, marble, and quarry tile;
122.24 (7) ornamental guardrail and installation of prefabricated stairs; and
122.25 (8) wallpapering.
122.26 (e) Exterior finishing. Exterior finishing includes work in any of the following
122.27areas:
122.28 (1) siding;
122.29 (2) soffit, fascia, and trim;
122.30 (3) exterior plaster and stucco;
122.31 (4) painting; and
122.32 (5) rain carrying systems, including gutters and down spouts.
122.33 (f) Drywall and plaster. Drywall and plaster includes work in any of the following
122.34areas:
122.35 (1) installation;
122.36 (2) taping;
123.1 (3) finishing;
123.2 (4) interior plaster;
123.3 (5) painting; and
123.4 (6) wallpapering.
123.5 (g) Residential roofing. Residential roofing includes work in any of the following
123.6areas:
123.7 (1) roof coverings;
123.8 (2) roof sheathing;
123.9 (3) roof weatherproofing and insulation; and
123.10 (4) repair of roof support system, but not construction of new roof support system.
123.11 (h) General installation specialties. Installation includes work in any of the
123.12following areas:
123.13 (1) garage doors and openers;
123.14 (2) pools, spas, and hot tubs;
123.15 (3) fireplaces and wood stoves;
123.16 (4) asphalt paving and seal coating; and
123.17 (5)
123.18
123.19 Sec. 7. Minnesota Statutes 2006, section 326.83, subdivision 20, is amended to read:
123.20 Subd. 20. Specialty contractor. "Specialty contractor" means a person in the
123.21business of contracting or offering to contract to build or improve residential real estate by
123.22providing only one special skill as defined in this section.
123.23 Sec. 8. Minnesota Statutes 2006, section 326.84, is amended to read:
123.24326.84 LICENSING REQUIREMENTS.
123.25 Subdivision 1. Persons required to be licensed. A person who meets the definition
123.26of a residential building contractor as defined in section 326.83, subdivision 15, must be
123.27licensed as a residential building contractor by the commissioner. A person who meets
123.28the definition of a residential remodeler as defined in section
123.29
123.30
123.31licensed by the commissioner as a residential remodeler or residential building contractor.
123.32A person who meets the definition of a residential roofer as defined in section 18 must
123.33be licensed by the commissioner as a residential roofer, residential building contractor,
123.34or residential remodeler. A person who meets the definition of a manufactured home
124.1installer as defined in section 327.31, subdivision 6, must be licensed as a manufactured
124.2home installer by the commissioner.
124.3 Subd. 1a. Persons who may be licensed. A person who meets the definition of
124.4a specialty contractor as defined in section
124.5by the commissioner as a residential building contractor or residential remodeler
124.6
124.7 Subd. 1b. Prohibition. Except as provided in subdivision 3, no persons required
124.8to be licensed by subdivision 1 may act or hold themselves out as a residential building
124.9
124.10manufactured home installer for compensation without a
124.11commissioner.
124.12 Subd. 1c. Licensing criteria. The examination and education requirements for
124.13licensure under sections
124.14designated by the potential licensee. If the qualifying person is a managing employee, the
124.15qualifying person must be an employee who is regularly employed by the licensee and
124.16is actively engaged in the business of residential contracting or residential remodeling
124.17on behalf of the licensee. For a sole proprietorship, the qualifying person must be the
124.18proprietor or managing employee. For a partnership, the qualifying person must be a
124.19general partner or managing employee. For a limited liability company, the qualifying
124.20person must be a chief manager or managing employee. For a corporation, the qualifying
124.21person must be
124.22qualifying person for a corporation or limited liability company may act as
124.23person for
124.24
124.25
124.26
124.27
124.28
124.29or limited liability company if there is common ownership of at least 25 percent among
124.30each of the licensed corporations or limited liability companies for which the person
124.31acts in the capacity of qualifying person.
124.32 Subd. 1d. Required information. (a) Each licensee or applicant for licensure shall
124.33provide to the commissioner a current street address and telephone number where the
124.34licensee resides, and a street address and telephone number where the licensee's business
124.35is physically located. A post office box address is not sufficient to satisfy this requirement.
125.1Each licensee or applicant for licensure must notify the commissioner in writing of any
125.2change in the required information within 15 days of the change.
125.3 (b) Each licensee or applicant for licensure must notify the commissioner in writing
125.4upon any change in control, ownership, officers or directors, personal name, business
125.5name, license name, or qualifying person, within 15 days of the change.
125.6 (c) Each licensee or applicant for licensure must notify the commissioner in writing if
125.7the licensee or applicant for licensure is found to be a judgment debtor based upon conduct
125.8requiring licensure pursuant to sections 326.83 to 326.98 within 15 days of the finding.
125.9 (d) Each licensee or applicant for licensure must notify the commissioner in writing
125.10within 15 days of filing a petition for bankruptcy.
125.11 (e) Each licensee or applicant for licensure must notify the commissioner in writing
125.12within ten days if the licensee or applicant for licensure has been found guilty of a felony,
125.13gross misdemeanor, misdemeanor, or any comparable offense related to residential
125.14contracting, including convictions of fraud, misrepresentation, misuse of funds, theft,
125.15criminal sexual conduct, assault, burglary, conversion of funds, or theft of proceeds in this
125.16or any other state or any other United States jurisdiction.
125.17 Subd. 3. Exemptions. The license requirement does not apply to:
125.18 (1) an employee of a licensee performing work for the licensee;
125.19 (2) a material person, manufacturer, or retailer furnishing finished products,
125.20materials, or articles of merchandise who does not install or attach the items;
125.21 (3) an owner
125.22improves any structure on residential real estate
125.23
125.24bona fide employees or by individual owners personally. This exemption does not apply
125.25to
125.26
125.27
125.28property for purposes of speculation if the building or improving is performed by the
125.29owner's bona fide employees or by individual owners personally. A residential building
125.30contractor or residential remodeler will be presumed to be building or improving for
125.31purposes of speculation if the contractor or remodeler constructs or improves more than
125.32one property within any 24-month period.
125.33 (4) an architect or professional engineer engaging in professional practice as defined
125.34
126.1 (5) a person whose total gross annual receipts
126.2
126.3section do not exceed $15,000;
126.4 (6) a mechanical contractor;
126.5 (7) a plumber, electrician, or other person whose profession is otherwise subject to
126.6statewide licensing, when engaged in the activity which is the subject of that licensure;
126.7 (8) specialty contractors who provide only one special skill as defined in section
126.9 (9) a school district, or a technical college governed under chapter 136F; and
126.10
126.11
126.12individual volunteers when engaged in activities on their behalf.
126.13 To qualify for the exemption in clause (5), a person must obtain a certificate of
126.14exemption from
126.15 A certificate of exemption will be issued upon the applicant's filing with the
126.16commissioner, an affidavit stating that the applicant does not expect to exceed $15,000 in
126.17gross annual receipts derived from
126.18
126.19 To renew the exemption in clause (5), the applicant must file an affidavit stating that
126.20the applicant did not exceed $15,000 in gross annual receipts during the past calendar
126.21year
126.22
126.23 If a person, operating under the exemption in clause (5), exceeds $15,000 in gross
126.24receipts during any calendar year, the person must immediately surrender the exemption
126.25certificate and apply for the appropriate license. The person must remain licensed until
126.26such time as the person's gross annual receipts during a calendar year fall below $15,000.
126.27The person may then apply for
126.28 Sec. 9. Minnesota Statutes 2006, section 326.841, is amended to read:
126.29326.841 MANUFACTURED HOME INSTALLERS.
126.30 (a) Manufactured home installers are subject to all of the requirements of sections
126.32
126.33
127.1
127.2requirements of section
127.3established in rules adopted under section 327B.10
127.4
127.5manufactured home installers shall be satisfied by successful completion of a written
127.6examination
127.7manufactured home installers. The examination must be
127.8developed by the commissioner
127.9commissioner and
127.10advice on the grading, monitoring, and updating of examinations from the Minnesota
127.11Manufactured Housing Association;
127.12
127.13
127.14
127.15may not charge a separate fee to installers;
127.16
127.17exempt from licensure under sections
127.18
127.19apply
127.20 (6) manufactured home installers are not subject to the contractor recovery fund
127.21in section 326.975.
127.22 (b) The commissioner may waive all or part of the requirements for licensure
127.23as a manufactured home installer for any individual who holds an unexpired license or
127.24certificate issued by any other state or other United States jurisdiction if the licensing
127.25requirements of that jurisdiction meet or exceed the corresponding licensing requirements
127.26of the department.
127.27 Sec. 10. Minnesota Statutes 2006, section 326.842, is amended to read:
127.28326.842 RESIDENTIAL ROOFERS.
127.29 Residential roofers are subject to all of the requirements of sections
127.30
127.31 Sec. 11. Minnesota Statutes 2006, section 326.86, is amended to read:
127.32326.86 FEES.
127.33 Subdivision 1. Licensing fee. The licensing fee for persons licensed pursuant to
127.34sections
128.1 Subd. 2. Local surcharge. A local government unit may place a surcharge in an
128.2amount no greater than $5 on each land use, zoning, or building permit that requires a
128.3licensed residential building contractor, residential remodeler,
128.4residential roofer, or manufactured home installer for the purpose of license verification.
128.5The local government may verify a license by telephone
128.6electronic communication. A local government unit shall not issue a land use, zoning, or
128.7building permit unless the required license has been verified and is current.
128.8EFFECTIVE DATE.The amendments to subdivision 1 are effective July 1, 2007.
128.9The amendments to subdivision 2 are effective December 1, 2007.
128.10 Sec. 12. Minnesota Statutes 2006, section 326.87, is amended to read:
128.11326.87 CONTINUING EDUCATION.
128.12 Subdivision 1. Standards. The commissioner
128.13by rule adopt standards for continuing education requirements and course and instructor
128.14approval. The standards must include requirements for continuing education in the
128.15implementation of energy codes applicable to buildings and other building codes designed
128.16to conserve energy.
128.17
128.18
128.19
128.20
128.21 Subd. 2. Hours. A qualifying person of a licensee must provide proof of completion
128.22of seven hours of continuing education per year in the regulated industry in which the
128.23licensee is licensed.
128.24
128.25
128.26 Credit may not be earned if the licensee has previously obtained credit for the same
128.27course as either a student or instructor during the same licensing period.
128.28 Subd. 3. Accessibility. To the extent possible, the commissioner shall ensure that
128.29continuing education courses are offered throughout the state and are easily accessible
128.30to all licensees.
128.31 Subd. 4. Renewal of
128.32establish a procedure for renewal of course
128.33 Subd. 5. Content. (a) Continuing education consists of approved courses that
128.34impart appropriate and related knowledge in the regulated industries pursuant to sections
129.1326.83 to 326.98. The burden of demonstrating that courses impart appropriate and related
129.2knowledge is upon the person seeking approval or credit.
129.3 (b) Course examinations will not be required for continuing education courses
129.4unless they are required by the sponsor.
129.5 (c) Textbooks are not required to be used for continuing education courses. If
129.6textbooks are not used, the coordinator must provide students with a syllabus containing,
129.7at a minimum, the course title, the times and dates of the course offering, the names and
129.8addresses or telephone numbers of the course coordinator and instructor, and a detailed
129.9outline of the subject materials to be covered. Any written or printed material given to
129.10students must be of readable quality and contain accurate and current information.
129.11 (d) Upon completion of an approved course, licensees shall earn one hour of
129.12continuing education credit for each hour approved by the commissioner. Each continuing
129.13education course must be attended in its entirety in order to receive credit for the number
129.14of approved hours. Courses may be approved for full or partial credit, and for more than
129.15one regulated industry.
129.16 Continuing education credit in an approved course shall be awarded to presenting
129.17instructors on the basis of one credit for each hour of preparation for the initial presentation,
129.18which may not exceed three hours total credit for each approved course. Continuing
129.19education credit may not be earned if the licensee has previously obtained credit for the
129.20same course as a licensee or as an instructor within the three years immediately prior.
129.21 (e) The following courses will not be approved for credit:
129.22 (1) courses designed solely to prepare students for a license examination;
129.23 (2) courses in mechanical office or business skills, including typing, speed reading,
129.24or other machines or equipment. Computer courses are allowed, if appropriate and related
129.25to the regulated industry of the licensee;
129.26 (3) courses in sales promotion, including meetings held in conjunction with the
129.27general business of the licensee;
129.28 (4) courses in motivation, salesmanship, psychology, time management, or
129.29communication; or
129.30 (5) courses that are primarily intended to impart knowledge of specific products of
129.31specific companies, if the use of the product or products relates to the sales promotion or
129.32marketing of one or more of the products discussed.
129.33 Subd. 6. Course approval. (a) Courses must be approved by the commissioner
129.34in advance and will be approved on the basis of the applicant's compliance with the
129.35provisions of this section relating to continuing education in the regulated industries. The
130.1commissioner shall make the final determination as to the approval and assignment of
130.2credit hours for courses. Courses must be at least one hour in length.
130.3 Individuals requesting credit for continuing education courses that have not
130.4been previously approved shall, on a form prescribed by the commissioner, submit an
130.5application for approval of continuing education credit accompanied by a nonrefundable
130.6fee of $10 for each course to be reviewed. To be approved, courses must be in compliance
130.7with the provisions of this section governing the types of courses that will and will not
130.8be approved.
130.9 Approval will not be granted for time spent on meals or other unrelated activities.
130.10Breaks may not be accumulated in order to dismiss the class early. Classes shall not be
130.11offered by a provider to any one student for longer than eight hours in one day, excluding
130.12meal breaks.
130.13 (b) Application for course approval must be submitted 30 days before the course
130.14offering.
130.15 (c) Approval must be granted for a subsequent offering of identical continuing
130.16education courses without requiring a new application if a notice of the subsequent
130.17offering is filed with the commissioner at least 30 days in advance of the date the course is
130.18to be held. The commissioner shall deny future offerings of courses if they are found not
130.19to be in compliance with the laws relating to course approval.
130.20 Subd. 7. Courses open to all. All course offerings must be open to any interested
130.21individuals. Access may be restricted by the sponsor based on class size only. Courses
130.22must not be approved if attendance is restricted to any particular group of people, except
130.23for company-sponsored courses allowed by applicable law.
130.24 Subd. 8. Course coordinator. (a) Each course of study shall have at least one
130.25coordinator, approved by the commissioner, who is responsible for supervising the
130.26program and ensuring compliance with all relevant law. Sponsors may engage an
130.27additional approved coordinator in order to assist the coordinator or to act as a substitute
130.28for the coordinator in the event of an emergency or illness.
130.29 (b) The commissioner shall approve as a coordinator a person meeting one or more
130.30of the following criteria:
130.31 (1) at least three years of full-time experience in the administration of an education
130.32program during the five-year period immediately before the date of application;
130.33 (2) a degree in education plus two years' experience during the immediately
130.34preceding five-year period in one of the regulated industries for which courses are being
130.35approved; or
131.1 (3) a minimum of five years' experience within the previous six years in the regulated
131.2industry for which courses are held.
131.3 Subd. 9. Responsibilities. A coordinator is responsible for:
131.4 (1) ensuring compliance with all laws and rules relating to continuing educational
131.5offerings governed by the commissioner;
131.6 (2) ensuring that students are provided with current and accurate information relating
131.7to the laws and rules governing their licensed activity;
131.8 (3) supervising and evaluating courses and instructors. Supervision includes
131.9ensuring that all areas of the curriculum are addressed without redundancy and that
131.10continuity is present throughout the entire course;
131.11 (4) ensuring that instructors are qualified to teach the course offering;
131.12 (5) furnishing the commissioner, upon request, with copies of course and instructor
131.13evaluations and qualifications of instructors. Evaluations must be completed by students at
131.14the time the course is offered and by coordinators within five days after the course offering;
131.15 (6) investigating complaints related to course offerings or instructors. A copy of
131.16the written complaint must be sent to the commissioner within ten days of receipt of
131.17the complaint and a copy of the complaint resolution must be sent not more than ten
131.18days after resolution is reached;
131.19 (7) maintaining accurate records relating to course offerings, instructors, tests
131.20taken by students if required, and student attendance for a period of three years from the
131.21date on which the course was completed. These records must be made available to the
131.22commissioner upon request. In the event that a sponsor ceases operation for any reason,
131.23the coordinator is responsible for maintaining the records or providing a custodian for the
131.24records acceptable to the commissioner. The coordinator must notify the commissioner
131.25of the name and address of that person. In order to be acceptable to the commissioner,
131.26custodians must agree to make copies of acknowledgments available to students at a
131.27reasonable fee. Under no circumstances will the commissioner act as custodian of the
131.28records;
131.29 (8) ensuring that the coordinator is available to instructors and students throughout
131.30course offerings and providing to the students and instructor the name of the coordinator
131.31and a telephone number at which the coordinator can be reached;
131.32 (9) attending workshops or instructional programs as reasonably required by the
131.33commissioner;
131.34 (10) providing course completion certificates within ten days of, but not before,
131.35completion of the entire course. Course completion certificates must be completed in
131.36their entirety. Course completion certificates must contain the following statement: "If
132.1you have any comments about this course offering, please mail them to the Minnesota
132.2Department of Labor and Industry." The current address of the department must be
132.3included. A coordinator may require payment of the course tuition as a condition for
132.4receiving the course completion certificate; and
132.5 (11) notifying the commissioner in writing within ten days of any change in the
132.6information in an application for approval on file with the commissioner.
132.7 Subd. 10. Instructors. (a) Each continuing education course shall have an instructor
132.8who is qualified by education, training, or experience to ensure competent instruction.
132.9Failure to have only qualified instructors teach at an approved course offering will result
132.10in loss of course approval. Coordinators are responsible to ensure that an instructor is
132.11qualified to teach the course offering.
132.12 (b) Qualified continuing education instructors must have one of the following
132.13qualifications:
132.14 (1) a four-year degree in any area plus two years' practical experience in the subject
132.15area being taught;
132.16 (2) five years' practical experience in the subject area being taught; or
132.17 (3) a college or graduate degree in the subject area being taught.
132.18 (c) Approved instructors are responsible for:
132.19 (1) compliance with all laws and rules relating to continuing education;
132.20 (2) providing students with current and accurate information;
132.21 (3) maintaining an atmosphere conducive to learning in the classroom;
132.22 (4) verifying attendance of students, and certifying course completion;
132.23 (5) providing assistance to students and responding to questions relating to course
132.24materials; and
132.25 (6) attending the workshops or instructional programs that are required by the
132.26commissioner.
132.27 Subd. 11. Prohibited practices for coordinators and instructors. (a) In
132.28connection with an approved continuing education course, coordinators and instructors
132.29shall not:
132.30 (1) recommend or promote the services or practices of a particular business;
132.31 (2) encourage or recruit individuals to engage the services of, or become associated
132.32with, a particular business;
132.33 (3) use materials, clothing, or other evidences of affiliation with a particular entity;
132.34 (4) require students to participate in other programs or services offered by the
132.35instructor, coordinator, or sponsor;
133.1 (5) attempt, either directly or indirectly, to discover questions or answers on an
133.2examination for a license;
133.3 (6) disseminate to any other person specific questions, problems, or information
133.4known or believed to be included in licensing examinations;
133.5 (7) misrepresent any information submitted to the commissioner;
133.6 (8) fail to cover, or ensure coverage of, all points, issues, and concepts contained in
133.7the course outline approved by the commissioner during the approved instruction; or
133.8 (9) issue inaccurate course completion certificates.
133.9 (b) Coordinators shall notify the commissioner within ten days of a felony or
133.10gross misdemeanor conviction or of disciplinary action taken against an occupational or
133.11professional license held by the coordinator or an instructor teaching an approved course.
133.12The notification shall be grounds for the commissioner to withdraw the approval of the
133.13coordinator and to disallow the use of the instructor.
133.14 Subd. 12. Fees. Fees for an approved course of study and related materials must
133.15be clearly identified to students. In the event that a course is canceled for any reason, all
133.16fees must be returned within 15 days from the date of cancellation. In the event that a
133.17course is postponed for any reason, students shall be given the choice of attending the
133.18course at a later date or having their fees refunded in full within 15 days from the date
133.19of postponement. If a student is unable to attend a course or cancels the registration in a
133.20course, sponsor policies regarding refunds shall govern.
133.21 Subd. 13. Facilities. Each course of study must be conducted in a classroom
133.22or other facility that is adequate to comfortably accommodate the instructors and the
133.23number of students enrolled. The sponsor may limit the number of students enrolled in a
133.24course. Approved courses may be held on the premises of a company doing business in
133.25the regulated area only when the company is sponsoring the course offering, or where
133.26product application is appropriate and related.
133.27 Subd. 14. Supplementary materials. An adequate supply of supplementary
133.28materials to be used or distributed in connection with an approved course must be available
133.29at the time and place of the course offering in order to ensure that each student receives all
133.30of the necessary materials. Outlines and any other materials that are reproduced must be
133.31of readable quality.
133.32 Subd. 15. Advertising courses. (a) Paragraphs (b) to (g) govern the advertising
133.33of continuing education courses.
133.34 (b) Advertising must be truthful and not deceptive or misleading. Courses may not
133.35be advertised in any manner as approved unless approval has been granted in writing by
133.36the commissioner.
134.1 (c) No advertisement, pamphlet, circular, or other similar materials pertaining to
134.2an approved offering may be circulated or distributed in this state, unless the following
134.3statement is prominently displayed:
134.4 "This course has been approved by the Minnesota Department of Labor and Industry
134.5for ....... (approved number of hours) hours for continuing ....... (relevant industry)
134.6education."
134.7 (d) Advertising of approved courses must be clearly distinguishable from the
134.8advertisement of other nonapproved courses and services.
134.9 (e) Continuing education courses may not be advertised before approval unless the
134.10course is described in the advertising as "approval pending" and an application for approval
134.11has been timely submitted to the commissioner and a denial has not been received.
134.12 (f) The number of hours for which a course has been approved must be prominently
134.13displayed on an advertisement for the course. If the course offering is longer than the
134.14number of hours of credit to be given, it must be clear that credit is not earned for the
134.15entire course.
134.16 (g) The course approval number must not be included in any advertisement.
134.17 Subd. 16. Notice to students. At the beginning of each approved offering, the
134.18following notice must be handed out in printed form or must be read to students:
134.19 "This educational offering is recognized by the Minnesota Department of Labor and
134.20Industry as satisfying ....... (insert number of hours approved) hours of credit toward
134.21continuing ....... (insert appropriate industry) education requirements."
134.22 Subd. 17. Audits. The commissioner reserves the right to audit subject offerings
134.23with or without notice to the sponsor.
134.24 Subd. 18. Falsification of reports. A licensee, its qualified person, or an applicant
134.25found to have falsified an education report to the commissioner shall be considered to
134.26have violated the laws relating to the industry for which the person has a license and
134.27shall be subject to censure, limitation, condition, suspension, or revocation of the license
134.28or denial of the application for licensure.
134.29 The commissioner reserves the right to audit a licensee's continuing education
134.30records.
134.31 Subd. 19. Waivers and extensions. If a licensee provides documentation to the
134.32commissioner that the licensee or its qualifying person is unable, and will continue to be
134.33unable, to attend actual classroom course work because of a physical disability, medical
134.34condition, or similar reason, attendance at continuing education courses shall be waived
134.35for a period not to exceed one year. The commissioner shall require that the licensee or
134.36its qualifying person satisfactorily complete a self-study program to include reading a
135.1sufficient number of textbooks, or listening to a sufficient number of tapes, related to the
135.2regulated industry, as would be necessary for the licensee to satisfy continuing educational
135.3credit hour needs. The commissioner shall award the licensee credit hours for a self-study
135.4program by determining how many credit hours would be granted to a classroom course
135.5involving the same material and giving the licensee the same number of credit hours under
135.6this part. The licensee may apply each year for a new waiver upon the same terms and
135.7conditions as were necessary to secure the original waiver, and must demonstrate that in
135.8subsequent years, the licensee was unable to complete actual classroom course work.
135.9The commissioner may request documentation of the condition upon which the request
135.10for waiver is based as is necessary to satisfy the commissioner of the existence of the
135.11condition and that the condition does preclude attendance at continuing education courses.
135.12 Upon written proof demonstrating a medical hardship, the commissioner shall
135.13extend, for up to 90 days, the time period during which the continuing education must be
135.14successfully completed. Loss of income from either attendance at courses or cancellation
135.15of a license is not a bona fide financial hardship. Requests for extensions must be
135.16submitted to the commissioner in writing no later than 60 days before the education is
135.17due and must include an explanation with verification of the hardship, plus verification of
135.18enrollment at an approved course of study on or before the extension period expires.
135.19 Subd. 20. Reporting requirements. Required continuing education must be
135.20reported in a manner prescribed by the commissioner. Licensees are responsible for
135.21maintaining copies of course completion certificates.
135.22 Subd. 21. Residential building contractor, residential remodeler, and residential
135.23roofer education. (a) Each licensee must, during the licensee's first complete continuing
135.24education reporting period, complete and report one hour of continuing education relating
135.25to lead abatement rules in safe lead abatement procedures.
135.26 (b) Each licensee must, during each continuing education reporting period, complete
135.27and report one hour of continuing education relating to energy codes for buildings and
135.28other building codes designed to conserve energy.
135.29 Subd. 22. Continuing education approval. (a) Continuing education courses must
135.30be approved in advance by the commissioner of labor and industry. "Sponsor" means any
135.31person or entity offering approved education.
135.32 (b) For coordinators with an initial approval date before August 1, 2005, approval
135.33will expire on December 31, 2005. For courses with an initial approval date on or before
135.34December 31, 2000, approval will expire on April 30, 2006. For courses with an initial
135.35approval date after January 1, 2001, but before August 1, 2005, approval will expire
135.36on April 30, 2007.
136.1 Subd. 23. Continuing education fees. The following fees shall be paid to the
136.2commissioner:
136.3 (1) initial course approval, $10 for each hour or faction of one hour of continuing
136.4education course approval sought. Initial course approval expires on the last day of the
136.524th month after the course is approved;
136.6 (2) renewal of course approval, $10 per course. Renewal of course approval expires
136.7on the last day of the 24th month after the course is renewed;
136.8 (3) initial coordinator approval, $100. Initial coordinator approval expires on the last
136.9day of the 24th month after the coordinator is approved; and
136.10 (4) renewal of coordinator approval, $10. Renewal of coordinator approval expires
136.11on the last day of the 24th month after the coordinator is renewed.
136.12 Subd. 24. Refunds. All fees paid to the commissioner under this section are
136.13nonrefundable, except that an overpayment of a fee shall be returned upon proper
136.14application.
136.15 Sec. 13. Minnesota Statutes 2006, section 326.88, is amended to read:
136.16326.88 LOSS OF QUALIFYING PERSON.
136.17 Upon the departure or disqualification of a licensee's qualifying person because of
136.18death, disability, retirement, position change, or other reason, the licensee must notify
136.19the commissioner within 15 business days. The licensee shall have 120 days from the
136.20departure of the qualifying person to obtain a new qualifying person. Failure to secure a
136.21new qualifying person within 120 days will, with or without notice, result in the automatic
136.22termination of the license.
136.23 Sec. 14. Minnesota Statutes 2006, section 326.89, is amended to read:
136.24326.89 APPLICATION AND EXAMINATION.
136.25 Subdivision 1. Form. An applicant for a license under sections
136.26must submit an application
136.27license fee required by section 326.86, on a form prescribed by the commissioner.
136.28Within 30 business days of receiving all required information, the commissioner must
136.29act on the license request. If one of the categories in the application does not apply, the
136.30applicant must identify the category and state the reason the category does not apply. The
136.31commissioner may refuse to issue a license if the application is not complete or contains
136.32unsatisfactory information.
136.33 Subd. 2. Contents.
136.34regarding the applicant:
137.1 (1) Minnesota workers' compensation insurance certificate;
137.2 (2) employment insurance account number;
137.3 (3) certificate of liability insurance;
137.4 (4) type of license requested;
137.5 (5) name
137.6applicant resides;
137.7
137.8and
137.9
137.10proprietor; if the applicant is a partnership, the name and address of each partner; if the
137.11applicant is a limited liability company, the name and address of each governor and
137.12manager; if the applicant is a corporation, the name and address of each of the corporate
137.13officers, directors, and all shareholders holding more than ten percent of the outstanding
137.14stock in the corporation;
137.15 (8) name and address of the applicant's agent in this state authorized to receive
137.16service of process, and a consent to service of process as required by section 326.93;
137.17 (9) current street address and telephone number where the business is physically
137.18located;
137.19
137.20licensed in this or any other state and has had a professional or vocational license
137.21reprimanded, censured, limited, conditioned, refused, suspended, or revoked, or has been
137.22the subject of any administrative action;
137.23
137.24or partnership directors, limited liability company governors, officers, limited or general
137.25partners, managers, all shareholders holding more than ten percent of the share of the
137.26corporation that have been issued, or all members holding more than ten percent of the
137.27voting power of the membership interests that have been issued, has been convicted
137.28of a crime that either related directly to the business for which the license is sought or
137.29involved fraud, misrepresentation, or misuse of funds; has suffered a judgment in a civil
137.30action involving fraud, misrepresentation, construction defect, negligence,
137.31of contract, or conversion of funds within the ten years prior to the submission of the
137.32application; or has had any government license or permit reprimanded, censured, limited,
137.33conditioned, suspended, or revoked as a result of an action brought by a federal, state, or
137.34local governmental unit or agency in this or any other state;
137.35
137.36years and whether the applicant,
138.1filed for bankruptcy or protection from creditors or has any unsatisfied judgments against
138.2the applicant, employee, or qualifying person;
138.3
138.4liability company, corporation, or association, whether there has been a sale or transfer of
138.5the business or other change in ownership, control, or name in the last five years and the
138.6details thereof, and the names and addresses of all prior, predecessor, subsidiary, affiliated,
138.7parent, or related entities, and whether each such entity, or its owners, officers, directors,
138.8members or shareholders holding more than ten percent of the stock, or an employee has
138.9ever taken or been subject to an action that is subject to clause
138.10or (12) in the last ten years; and
138.11
138.12licensee.
138.13 For purposes of this subdivision, "applicant" includes employees who exercise
138.14management or policy control over the residential contracting
138.15remodeling, residential roofing, or manufactured home installation activities in the state
138.16of Minnesota, including affiliates, partners, directors, governors, officers, limited or
138.17general partners, managers, all shareholders holding more than ten percent of the shares
138.18that have been issued, a shareholder holding more than ten percent of the voting power
138.19of the shares that have been issued, or all members holding more than ten percent of the
138.20membership interests that have been issued or more than ten percent of the voting power
138.21of the membership interests that have been issued.
138.22 The commissioner may require further information as the commissioner deems
138.23appropriate to administer the provisions and further the purposes of this chapter.
138.24 Subd. 3. Examination. (a) Each qualifying person must satisfactorily complete a
138.25written examination for the type of license requested. The commissioner may establish
138.26the examination qualifications, including related education experience and education, the
138.27examination procedure, and the examination for each licensing group. The examination
138.28must include at a minimum the following areas:
138.29 (1) appropriate knowledge of technical terms commonly used and the knowledge of
138.30reference materials and code books to be used for technical information; and
138.31 (2) understanding of the general principles of business management and other
138.32pertinent state laws.
138.33 (b) Each examination must be designed for the specified type of license requested.
138.34
138.35
139.1 (c)
139.2the examination date.
139.3choose to apply to act as a qualifying person for a licensee within two years from the
139.4examination date, must, upon application provide:
139.5 (1) passing examination results within two years from the date of application; or
139.6 (2) proof that the person has fulfilled the continuing education requirements in
139.7section
139.8period after the expiration of the examination results.
139.9
139.10
139.11
139.12 Subd. 5. Exemption. A general retailer whose primary business is not being a
139.13residential building contractor, residential remodeler,
139.14roofer, or manufactured home installer, and who has completed a
139.15examination meeting or exceeding Minnesota's examination requirements in another state
139.16is exempt from
139.17 Subd. 6. Additional licensing requirements. As an alternative to denying an
139.18application for licensure pursuant to section
139.19may, as a condition of licensure and based upon information received pursuant to
139.20section
139.21subdivision 1
139.22keeping, and other requirements on the applicant as are reasonable to protect the public.
139.23 Subd. 7. License. A nonresident of Minnesota may be licensed as a residential
139.24building contractor, residential remodeler, residential roofer, or manufactured home
139.25installer upon compliance with all the provisions of sections 326.83 to 326.98.
139.26 Sec. 15. Minnesota Statutes 2006, section 326.90, subdivision 1, is amended to read:
139.27 Subdivision 1. Local license prohibited. Except as provided in sections
139.28subdivision 2
139.29under sections
139.30fee related to licensure under any ordinance, law, rule, or regulation of the political
139.31subdivision. This section does not prohibit charges for building permits or other charges
139.32not directly related to licensure.
139.33 Sec. 16. Minnesota Statutes 2006, section 326.91, subdivision 1, is amended to read:
140.1 Subdivision 1.
140.2
140.3
140.4
140.5
140.6
140.7
140.8section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
140.9conditions on, or revoke a license or certificate of exemption, or may censure the person
140.10holding the license or certificate of exemption, if the applicant, licensee, certificate of
140.11exemption holder, qualifying person, or affiliate of an applicant, licensee, or certificate of
140.12exemption holder, or other agent owner has:
140.13 (1) has filed an application for
140.14which is incomplete in any material respect or contains any statement which, in light
140.15of the circumstances under which it is made, is false or misleading with respect to any
140.16material fact;
140.17 (2) has engaged in a fraudulent, deceptive, or dishonest practice;
140.18 (3) is permanently or temporarily enjoined by any court of competent jurisdiction
140.19from engaging in or continuing any conduct or practice involving any aspect of the
140.20business;
140.21 (4) has failed to reasonably supervise employees, agents, subcontractors, or
140.22salespersons, or has performed negligently or in breach of contract, so as to cause injury
140.23or harm to the public;
140.24 (5) has violated or failed to comply with any provision of sections
140.25
140.26to the duties and responsibilities entrusted to the commissioner;
140.27
140.28
140.29
140.30a notice of violation or stop order issued by a certified building official, or in local
140.31jurisdictions that have not adopted the State Building Code has refused to correct a
140.32violation of the State Building Code when the violation has been
140.33or a notice of violation or stop order issued by a
140.34certified building official has been received;
140.35
140.36construction of, or any improvement to, residential real estate, as defined in section
141.1subdivision 17
141.2construction or improvement, knowing that the cost of any labor performed, or skill,
141.3material, or machinery furnished for the improvement remains unpaid;
141.4
141.5any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
141.6or a payment bond in the basic amount of the contract price for the improvement
141.7conditioned for the prompt payment to any person or persons entitled to payment;
141.8
141.9
141.10engaged in an act or practice that results in compensation to an aggrieved owner or lessee
141.11from the contractor recovery fund pursuant to section 36B.825, unless:
141.12 (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
141.13plus interest at the rate of 12 percent per year; and
141.14 (ii) the applicant or licensee has obtained a surety bond in the amount of at least
141.15$40,000, issued by an insurer authorized to transact business in this state.
141.16
141.17defense of a civil lawsuit or arbitration arising out of their activities as a licensee or
141.18certificate of exemption holder under this chapter;
141.19
141.20employees
141.21appeals of the judgment have been exhausted or the period for appeal has expired;
141.22
141.23fictitious license number or the license number of another, or, if licensed, has knowingly
141.24allowed an unlicensed person to use the licensee's license number for the purpose of
141.25fraudulently obtaining a building permit; or has applied for or obtained a building permit
141.26for an unlicensed person.
141.27
141.28chapter 514
141.29 (14) has provided false, misleading or incomplete information to the commissioner
141.30or has refused to allow a reasonable inspection of records or premises;
141.31 (15) has engaged in an act or practice whether or not the act or practice directly
141.32involves the business for which the person is licensed, that demonstrates that the applicant
141.33or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
141.34unqualified to act under the license granted by the commissioner; or
142.1 (16) has failed to comply with requests for information, documents, or other requests
142.2from the department within the time specified in the request or, if no time is specified,
142.3within 30 days of the mailing of the request by the department.
142.4 Sec. 17. Minnesota Statutes 2006, section 326.92, is amended to read:
142.5326.92 PENALTIES.
142.6
142.7
142.8 Subd. 1a. Gross misdemeanor.
142.9
142.10an order of the commissioner or is the manager, officer, or director of a person who
142.11violates an order issued by the commissioner is guilty of a gross misdemeanor.
142.12 Subd. 2. Lien rights. An unlicensed person who knowingly violates sections
142.13to
142.14in this section affects the lien rights of material suppliers and licensed contractors to the
142.15extent provided by law.
142.16
142.17
142.18
142.19 Sec. 18. Minnesota Statutes 2006, section 326.921, is amended to read:
142.20326.921 BUILDING PERMIT CONDITIONED ON LICENSURE; NOTICE
142.21OF PERMIT APPLICATION.
142.22 Subdivision 1. Building permit. A political subdivision shall not issue a building
142.23permit to an unlicensed person who is required to be licensed under sections
142.25a building permit shall not issue those permits to an unlicensed person who is required
142.26to be licensed under sections
142.27report the person applying for the permit to the commissioner who may bring an action
142.28against the person.
142.29 Subd. 2. Notice of building permit application. A political subdivision shall notify
142.30the department when an application for building permit involving the construction of new
142.31residential real estate has been received from an unlicensed person by submitting a copy
142.32of the application to the department within two business days of receipt of the application.
142.33The political subdivision may submit a copy of the building permit application by
142.34facsimile, United States mail, or electronic communication.
143.1 Sec. 19. Minnesota Statutes 2006, section 326.93, is amended to read:
143.2326.93 SERVICE OF PROCESS
143.3
143.4
143.5
143.6
143.7
143.8
143.9 Subd. 3. Procedure. Every applicant for licensure or certificate of exemption
143.10under sections 326.83 to 326.98 shall irrevocably consent to the appointment of the
143.11commissioner and successors in office to be the applicant's agent to receive service of any
143.12lawful process in any noncriminal suit, action, or proceeding against the applicant or a
143.13successor, executor, or administrator which arises under section 326.83 to 326.98 or any
143.14rule or order thereunder after the consent has been filed, with the same force and validity
143.15as if served personally on the person filing the consent. Service under this section shall be
143.16made in compliance with subdivision 5.
143.17 Subd. 4. Service on commissioner. (a) When a person, including any nonresident
143.18of this state, engages in conduct prohibited or made actionable by sections 326.83 to
143.19326.98, or any rule or order under those sections, and the person has not consented to
143.20service of process under subdivision 3, that conduct is equivalent to an appointment of the
143.21commissioner and successors in office as the person's agent to receive service of process in
143.22any noncriminal suit, action, or proceeding against the person that is based on that conduct
143.23and is brought under sections 326.83 to 326.98, or any rule or order under those sections,
143.24with the same force and validity as if served personally on the person consenting to the
143.25appointment of the commissioner and successors in office. Service under this section shall
143.26be made in compliance with subdivision 5.
143.27 (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
143.28of this state, has filed a consent to service of process. This paragraph supersedes any
143.29inconsistent provision of law.
143.30 (c) Subdivision 5 applies in all cases in which service of process is allowed to be
143.31made on the commissioner.
143.32 (d) Subdivision 5 applies to any document served by the commissioner or the
143.33department under section 326B.08.
143.34 Subd. 5. How made. Service of process under this section may be made by leaving
143.35a copy of the process in the office of the commissioner, or by sending a copy of the process
143.36to the commissioner by certified mail, and is not effective unless:
144.1 (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
144.2by the commissioner, sends notice of the service and a copy of the process by certified
144.3mail to the defendant or respondent at the last known address; and
144.4 (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
144.5before the return day of the process, if any, or within further time as the court allows.
144.6 Sec. 20. Minnesota Statutes 2006, section 326.94, is amended to read:
144.7326.94 BOND; INSURANCE.
144.8 Subdivision 1. Bond. (a) Licensed manufactured home installers and licensed
144.9residential roofers must post a
144.10commissioner, conditioned that the applicant shall faithfully perform the duties and
144.11in all things comply with all laws, ordinances, and rules pertaining to the license or
144.12permit applied for and all contracts entered into. The annual bond must be continuous
144.13and maintained for so long as the licensee remains licensed. The aggregate liability of
144.14the surety on the bond to any and all persons, regardless of the number of claims made
144.15against the bond, may not exceed the amount of the bond. The bond may be canceled as
144.16to future liability by the surety upon 30 days' written notice mailed to the commissioner
144.17by regular mail.
144.18 (b) A licensed residential roofer must post a bond of at least
144.19 (c) A licensed manufactured home installer must post a bond of at least $2,500.
144.20 Bonds issued under sections 326.83 to 326.98 are not state bonds or contracts for
144.21purposes of sections 8.05 and 16C.05, subdivision 2.
144.22 Subd. 2. Insurance. Licensees must have public liability insurance with limits of at
144.23least
144.24damage coverage. The insurance must be written by an insurer licensed to do business in
144.25this state. The commissioner may increase the minimum amount of insurance required
144.26for any licensee or class of licensees if the commissioner considers it to be in the public
144.27interest and necessary to protect the interests of Minnesota consumers.
144.28 Sec. 21. Minnesota Statutes 2006, section 326.95, subdivision 2, is amended to read:
144.29 Subd. 2. Advertising. The license number of a licensee must appear in any
144.30advertising by that licensee including but not limited to signs, vehicles, business cards,
144.31published display ads, flyers,
144.32 Sec. 22. Minnesota Statutes 2006, section 326.96, is amended to read:
144.33326.96 PUBLIC EDUCATION.
145.1 The commissioner may develop materials and programs to educate the public
145.2concerning
145.3develop materials for reporting unlicensed contracting activity. The commissioner shall
145.4provide information in other languages.
145.5 Sec. 23. Minnesota Statutes 2006, section 326.97, is amended to read:
145.6326.97 LICENSE RENEWAL.
145.7 Subdivision 1. Renewal.
145.8completed renewal application has been properly and timely filed and who
145.9not received a notice of denial of renewal
145.10renewal and may continue to transact business whether or not the renewed license has
145.11been received. Applications are timely if received
145.12renewal year. Applications must be made on a form approved by the commissioner.
145.13An application for renewal that does not contain all of the information requested is an
145.14incomplete application and will not be processed.
145.15 Subd. 1a. Annual renewal. Any license issued or renewed after August 1, 1993,
145.16must be renewed annually.
145.17 Subd. 2. Failure to
145.18application for renewal of a license
145.1911:59:59 p.m. central time on March 31 of the renewal year and remains unlicensed until
145.20
145.21 Subd. 3. Expiration. All licenses expire at 11:59:59 p.m. central time on March 31
145.22of the renewal year if not properly renewed.
145.23 Sec. 24. [326B.801] SCOPE.
145.24 Except as otherwise provided by law, the provisions of sections 326B.801 to
145.25326B.825 apply to residential contractors, residential remodelers, residential roofers,
145.26and manufactured home installers.
145.27 Sec. 25. [326B.809] WRITTEN CONTRACT REQUIRED.
145.28 (a) All agreements including proposals, estimates, bids, quotations, contracts,
145.29purchase orders, and change orders between a licensee and a customer for the performance
145.30of a licensee's services must be in writing and must contain the following:
145.31 (1) a detailed summary of the services to be performed;
145.32 (2) a description of the specific materials to be used or a list of standard features
145.33to be included; and
146.1 (3) the total contract price or a description of the basis on which the price will
146.2be calculated.
146.3 (b) All agreements shall be signed and dated by the licensee and customer.
146.4 (c) The licensee shall provide to the customer, at no charge, a signed and dated
146.5document at the time that the licensee and customer sign and date the document.
146.6Documents include agreements and mechanic's lien waivers.
146.7 Sec. 26. [326B.814] REHABILITATION OF CRIMINAL OFFENDERS.
146.8 Chapter 364 does not apply to an applicant for a license or to a licensee where
146.9the underlying conduct on which the conviction is based would be grounds for denial,
146.10censure, suspension, or revocation of the license.
146.11 Sec. 27. [326B.82] DEFINITIONS.
146.12 Subdivision 1. Words, terms, and phrases. For the purposes of section 326.87,
146.13the terms defined in this section have the meanings given them, unless the context clearly
146.14indicates otherwise.
146.15 Subd. 2. Appropriate and related knowledge. "Appropriate and related
146.16knowledge" means facts, information, or principles that are clearly relevant to the licensee
146.17in performing responsibilities under a license issued by the commissioner. These facts,
146.18information, or principles must convey substantive and procedural knowledge as it relates
146.19to postlicensing issues and must be relevant to the technical aspects of a particular area
146.20of continuing education.
146.21 Subd. 3. Classroom hour. "Classroom hour" means a 50-minute hour.
146.22 Subd. 4. Coordinator. "Coordinator" means an individual who is responsible for
146.23monitoring approved educational offerings.
146.24 Subd. 5. Instructor. "Instructor" means an individual lecturing in an approved
146.25educational offering.
146.26 Subd. 6. Licensee. "Licensee" means a person licensed by the Minnesota
146.27Department of Labor and Industry for whom an examination is required before licensure.
146.28 Subd. 7. Medical hardship. "Medical hardship" includes a documented physical
146.29disability or medical condition.
146.30 Subd. 8. Overpayment. "Overpayment" means any payment of money in excess
146.31of a statutory fee.
146.32 Subd. 9. Regulated industries. "Regulated industries" means residential
146.33contracting, residential remodeling, or residential roofing. Each of these is a regulated
146.34industry.
147.1 Subd. 10. Sponsor. "Sponsor" means any person or entity offering or providing
147.2approved continuing education.
147.3 Sec. 28. [326B.89] CONTRACTOR RECOVERY FUND.
147.4 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
147.5have the meanings given them.
147.6 (b) "Gross annual receipts" means the total amount derived from residential
147.7contracting or residential remodeling activities, regardless of where the activities are
147.8performed, and must not be reduced by costs of goods sold, expenses, losses, or any
147.9other amount.
147.10 (c) "Licensee" means a person licensed as a residential contractor or residential
147.11remodeler.
147.12 (d) "Residential real estate" means a new or existing building constructed for
147.13habitation by one to four families, and includes detached garages.
147.14 (e) "Fund" means the contractor recovery fund.
147.15 Subd. 2. Generally. The contractor recovery fund is created in the state treasury
147.16and shall be administered by the commissioner for the purposes described in this section.
147.17Any interest or profit accruing from investment of money in the fund shall be credited
147.18to the contractor recovery fund.
147.19 Subd. 3. Fund fees. In addition to any other fees, a person who applies for or
147.20renews a license under sections 326.83 to 326.98 shall pay a fee to the fund. The person
147.21shall pay, in addition to the appropriate application or renewal fee, the following additional
147.22fee that shall be deposited in the fund. The amount of the fee shall be based on the person's
147.23gross annual receipts for the person's most recent fiscal year preceding the application or
147.24renewal, on the following scale:
| 147.25 |
Fee |
Gross Annual Receipts |
||
| 147.26 |
$160 |
under $1,000,000 |
||
| 147.27 |
$210 |
$1,000,000 to $5,000,000 |
||
| 147.28 |
$260 |
over $5,000,000 |
147.30 (1) compensate owners or lessees of residential real estate who meet the requirements
147.31of this section;
147.32 (2) reimburse the department for all legal and administrative expenses,
147.33disbursements, and costs, including staffing costs, incurred in administering and defending
147.34the fund;
148.1 (3) pay for educational or research projects in the field of residential contracting to
148.2further the purposes of sections 326B.801 to 326B.825; and
148.3 (4) provide information to the public on residential contracting issues.
148.4 Subd. 5. Payment limitations. Except as otherwise provided in this section,
148.5the commissioner shall not pay compensation from the fund to an owner or a lessee
148.6in an amount greater than $75,000. Except as otherwise provided in this section, the
148.7commissioner shall not pay compensation from the fund to owners and lessees in an
148.8amount that totals more than $150,000 per licensee. The commissioner shall not pay
148.9compensation from the fund for a final judgment based on a cause of action that arose
148.10before the commissioner's receipt of the licensee's fee required by subdivision 3.
148.11 Subd. 6. Verified application. To be eligible for compensation from the fund, an
148.12owner or lessee shall serve on the commissioner a verified application for compensation
148.13on a form approved by the commissioner. The application shall verify the following
148.14information:
148.15 (1) the specific grounds upon which the owner or lessee seeks to recover from
148.16the fund:
148.17 (2) that the owner or the lessee has obtained a final judgment in a court of competent
148.18jurisdiction against a licensee licensed under section 326B.803;
148.19 (3) that the final judgment was obtained against the licensee on the grounds of
148.20fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance
148.21that arose directly out of a transaction that occurred when the licensee was licensed and
148.22performing any of the special skills enumerated under section 326B.802, subdivision 19;
148.23 (4) the amount of the owner's or the lessee's actual and direct out-of-pocket loss on
148.24the owner's residential real estate, on residential real estate leased by the lessee, or on new
148.25residential real estate that has never been occupied or that was occupied by the licensee
148.26for less than one year prior to purchase by the owner;
148.27 (5) that the residential real estate is located in Minnesota;
148.28 (6) that the owner or the lessee is not the spouse of the licensee or the personal
148.29representative of the licensee;
148.30 (7) the amount of the final judgment, any amount paid in satisfaction of the final
148.31judgment, and the amount owing on the final judgment as of the date of the verified
148.32application; and
148.33 (8) that the verified application is being served within two years after the judgment
148.34became final.
148.35 The owner's and the lessee's actual and direct out-of-pocket loss shall not include
148.36attorney fees, interest on the loss, and interest on the final judgment obtained as a result of
149.1the loss. An owner or lessee may serve a verified application regardless of whether the
149.2final judgment has been discharged by a bankruptcy court. A judgment issued by a court is
149.3final if all proceedings on the judgment have either been pursued and concluded or been
149.4forgone, including all reviews and appeals. For purposes of this section, owners who are
149.5joint tenants or tenants in common are deemed to be a single owner. For purposes of this
149.6section, owners and lessees eligible for payment of compensation from the fund shall not
149.7include government agencies, political subdivisions, financial institutions, and any other
149.8entity that purchases, guarantees, or insures a loan secured by real estate.
149.9 Subd. 7. Commissioner review. The commissioner shall within 120 days after
149.10receipt of the verified application:
149.11 (1) enter into an agreement with an owner or a lessee that resolves the verified
149.12application for compensation from the fund; or
149.13 (2) issue an order to the owner or the lessee accepting, modifying, or denying the
149.14verified application for compensation from the fund.
149.15 Upon receipt of an order issued under clause (2), the owner or the lessee shall have
149.1630 days to serve upon the commissioner a written request for a hearing. If the owner or
149.17the lessee does not serve upon the commissioner a timely written request for hearing, the
149.18order issued under clause (2) shall become a final order of the commissioner that may not
149.19be reviewed by any court or agency. The commissioner shall order compensation from
149.20the fund only if the owner or the lessee has filed a verified application that complies with
149.21subdivision 6 and if the commissioner determines based on review of the application that
149.22compensation should be paid from the fund. The commissioner shall not be bound by any
149.23prior settlement, compromise, or stipulation between the owner or the lessee and the
149.24licensee.
149.25 Subd. 8. Administrative hearing. If an owner or a lessee timely serves a request
149.26for hearing under subdivision 7, the commissioner shall request that an administrative law
149.27judge be assigned and that a hearing be conducted under the contested case provisions
149.28of chapter 14 within 30 days after the service of the request for hearing upon the
149.29commissioner. Upon petition of the commissioner, the administrative law judge shall
149.30continue the hearing up to 60 days and upon a showing of good cause may continue the
149.31hearing for such additional period as the administrative law judge deems appropriate.
149.32At the hearing the owner or the lessee shall have the burden of proving by substantial
149.33evidence under subdivision 6, clauses (1) to (8). The administrative law judge shall issue
149.34findings of fact, conclusions of law, and order. If the administrative law judge finds that
149.35compensation should be paid to the owner or the lessee, the administrative law judge
149.36shall order the commissioner to make payment from the fund of the amount it finds to be
150.1payable pursuant to the provisions of and in accordance with the limitations contained in
150.2this section. The order of the administrative law judge shall constitute the final decision of
150.3the agency in the contested case. Judicial review of the administrative law judge's findings
150.4of fact, conclusions of law, and order shall be in accordance with sections 14.63 to 14.69.
150.5 Subd. 9. Satisfaction of applications for compensation. The commissioner shall
150.6pay compensation from the fund to an owner or a lessee pursuant to the terms of an
150.7agreement that has been entered into under subdivision 7, clause (1), or pursuant to a final
150.8order that has been issued under subdivision 7, clause (2), or subdivision 8 by December 1
150.9of the fiscal year following the fiscal year during which the agreement was entered into or
150.10during which the order became final, subject to the limitations of this section. At the end
150.11of each fiscal year the commissioner shall calculate the amount of compensation to be
150.12paid from the fund pursuant to agreements that have been entered into under subdivision
150.137, clause (1), and final orders that have been issued under subdivision 7, clause (2), or
150.14subdivision 8. If the calculated amount exceeds the amount available for payment, then
150.15the commissioner shall allocate the amount available among the owners and the lessees
150.16in the ratio that the amount agreed to or ordered to be paid to each owner or lessee
150.17bears to the amount calculated. The commissioner shall mail notice of the allocation to
150.18all owners and lessees not less than 45 days following the end of the fiscal year. Any
150.19compensation paid by the commissioner in accordance with this subdivision shall be
150.20deemed to satisfy and extinguish any right to compensation from the fund based upon the
150.21verified application of the owner or lessee.
150.22 Subd. 10. Right of subrogation. If the commissioner pays compensation from the
150.23fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause (1), or a
150.24final order issued under subdivision 7, clause (2), or subdivision 8, then the commissioner
150.25shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final
150.26judgment in the amount of compensation paid from the fund and the owner or the lessee
150.27shall assign to the commissioner all rights, title, and interest in the final judgment in
150.28the amount of compensation paid. The commissioner shall deposit in the fund money
150.29recovered under this subdivision.
150.30 Subd. 11. Effect of section on commissioner's authority. Nothing contained
150.31in this section shall limit the authority of the commissioner to take disciplinary action
150.32against a licensee under the provisions of this chapter. A licensee's repayment in full of
150.33obligations to the fund shall not nullify or modify the effect of any other disciplinary
150.34proceeding brought under the provisions of this chapter.
150.35 Subd. 12. Limitation. Nothing may obligate the fund to compensate:
150.36 (1) insurers or sureties under subrogation or similar theories; or
151.1 (2) owner of residential property for final judgments against a prior owner of the
151.2residential property unless the claim is brought and judgment is rendered for breach of the
151.3statutory warranty set forth in chapter 327A.
151.4 Subd. 13. Condominiums or townhouses. For purposes of this section, the owner
151.5or the lessee of a condominium or townhouse is considered an owner or a lessee of
151.6residential property regardless of the number of residential units per building.
151.7 Subd. 14. Accelerated compensation. Payments made from the fund to compensate
151.8owners and lessees that do not exceed the jurisdiction limits for conciliation court matters
151.9as specified in section 491A.01 may be paid on an accelerated basis if all of the following
151.10requirements have been satisfied:
151.11 (a) The owner or the lessee has served upon the commissioner a verified application
151.12for compensation that complies with the requirements set out in subdivision 6 and the
151.13commissioner determines based on review of the application that compensation should be
151.14paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket
151.15loss in the transaction, minus attorney fees, interest on the loss and on the judgment
151.16obtained as a result of the loss, and any satisfaction of the judgment, and make payment
151.17to the owner or the lessee up to the conciliation court jurisdiction limits within 15 days
151.18after the owner or lessee serves the verified application.
151.19 (b) The commissioner may pay compensation to owners or lessees that totals not
151.20more than $50,000 per licensee per fiscal year under this accelerated process. The
151.21commissioner may prorate the amount of compensation paid to owners or lessees under
151.22this subdivision if applications submitted by owners and lessees seek compensation in
151.23excess of $50,000 against a licensee. Any unpaid portion of a verified application that
151.24has been prorated under this subdivision shall be satisfied in the manner set forth in
151.25subdivision 9.
151.26 Subd. 15. Appropriation. Money in the fund is appropriated to the commissioner
151.27for the purposes of this section.
151.28 Subd. 16. Additional assessment. If the balance in the fund is at any time less than
151.29the commissioner determines is necessary to carry out the purposes of this section, every
151.30licensee, when renewing a license, shall pay, in addition to the annual renewal fee and the
151.31fee set forth in subdivision 3 an assessment not to exceed $100. The commissioner shall
151.32set the amount of assessment based on a reasonable determination of the amount that is
151.33necessary to restore a balance in the fund adequate to carry out the purposes of this section.
151.34EFFECTIVE DATE.This section is effective December 1, 2007, except that
151.35subdivisions 1, 3, and 15 are effective July 1, 2007.
152.1 Sec. 29. Minnesota Statutes 2006, section 541.051, is amended to read:
152.2541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES
152.3OR CONSTRUCTION TO IMPROVE REAL PROPERTY.
152.4 Subdivision 1. Limitation; service or construction of real property;
152.5improvements. (a) Except where fraud is involved, no action by any person in contract,
152.6tort, or otherwise to recover damages for any injury to property, real or personal, or for
152.7bodily injury or wrongful death, arising out of the defective and unsafe condition of an
152.8improvement to real property,
152.9
152.10furnishing the design, planning, supervision, materials, or observation of construction
152.11or construction of the improvement to real property or against the owner of the real
152.12property more than two years after discovery of the injury
152.13
152.14cause of action accrue more than ten years after substantial completion of the construction.
152.15Date of substantial completion shall be determined by the date when construction is
152.16sufficiently completed so that the owner or the owner's representative can occupy or use
152.17the improvement for the intended purpose.
152.18 (b) Notwithstanding paragraph (a), an action for contribution or indemnity arising
152.19out of the defective and unsafe condition of an improvement to real property may be
152.20brought no later than two years after the cause of action for contribution or indemnity has
152.21accrued, regardless of whether it accrued before or after the ten-year period referenced in
152.22paragraph (a).
152.23
152.24the injury
152.25paragraph (b),
152.26action against the party seeking contribution or indemnity, or payment of a final judgment,
152.27arbitration award, or settlement arising out of the defective and unsafe condition.
152.28
152.29negligence in the maintenance, operation or inspection of the real property improvement
152.30against the owner or other person in possession.
152.31
152.32supplier of any equipment or machinery installed upon real property.
152.33 Subd. 2. Action allowed; limitation. Notwithstanding the provisions of subdivision
152.341, paragraph (a), in the case of
152.35year after substantial completion of the construction, an action to recover damages may be
152.36brought within two years after the date on which the cause of action accrued, but in no
153.1event may such an action be brought more than 12 years after substantial completion of
153.2the construction. Nothing in this subdivision shall limit the time for bringing an action for
153.3contribution or indemnity.
153.4 Subd. 3. Not construed. Nothing in this section shall be construed as extending the
153.5period prescribed by the laws of this state for the bringing of any action.
153.6 Subd. 4. Applicability. For the purposes of actions based on breach of the statutory
153.7warranties set forth in section
153.8warranty, such actions shall be brought within two years of the discovery of the breach. In
153.9the case of an action under section
153.10after the warranty date, as defined in section
153.11brought within two years of the discovery of the breach, but in no event may an action
153.12under section
153.13An action for contribution or indemnity arising out of actions described in this subdivision
153.14may be brought no later than two years after the earlier of commencement of the action
153.15against the party seeking contribution or indemnity, or payment of a final judgment,
153.16arbitration award, or settlement arising out of the breach.
153.17EFFECTIVE DATE.This section is effective retroactive to June 30, 2006.
153.18 Sec. 30. REVISOR'S INSTRUCTION.
153.19 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
153.20column A with the number listed in column B. The revisor shall also make necessary
153.21cross-reference changes consistent with the renumbering.
154.7 Section 1. Minnesota Statutes 2006, section 183.38, is amended to read:
154.8183.38 BOILER INSPECTOR; INSPECTIONS; EXAMINATIONS;
154.9LICENSES.
154.10 Subdivision 1. All boilers inspected. The
154.11commissioner shall inspect all boilers and pressure vessels in use not expressly excepted
154.12from such inspection by law.
154.13
154.14condemning the boiler or pressure vessel and shall seal it. Forms for these licenses and
154.15certificates shall be prepared and furnished by the commissioner. The
154.16
154.17
154.18the examination shall show the applicant is entitled to receive.
154.19 Subd. 2. Inspector's examination. For the purpose of examining applicants
154.20for
154.21
154.22determine a time and place for the examinations, and give notice to all applicants of the
154.23time and place. The
154.24license certificates as applicants are entitled to receive upon examination. Applicants may
154.25be examined and issued certificates of competency as inspectors of boilers and pressure
154.26vessels.
154.27 Sec. 2. Minnesota Statutes 2006, section 183.39, subdivision 1, is amended to read:
154.28 Subdivision 1. Inspector requirements. Each boiler inspector shall be
154.29
154.30must hold a national board commission as a boiler inspector within 12 months of being
154.31employed as a boiler inspector by the department. An inspector shall not be interested in
154.32the manufacture or sale of boilers or steam machinery or in any patented article required
154.33or generally used in the construction of engines or boilers or their appurtenances.
155.1 Sec. 3. Minnesota Statutes 2006, section 183.411, subdivision 2, is amended to read:
155.2 Subd. 2. Inspection. When used for display and demonstration purposes, steam
155.3farm traction engines, portable and stationary show engines and portable and stationary
155.4show boilers shall be inspected every two years according to law.
155.5 (a) Show boilers or engines not certified in Minnesota shall be inspected thoroughly
155.6by a boiler inspector certified to inspect boilers in Minnesota, using inspection standards
155.7in paragraph (b), before being certified for use in Minnesota.
155.8 (b) Standards for inspection of show boilers shall be those established by the
155.9National Board Inspection Code ANSI/NB23 and by the rules adopted by the department
155.10
155.11 (1) the boiler shall be subjected to the appropriate method of nondestructive
155.12examination, at the owner's expense, as deemed necessary by the boiler inspector to
155.13determine soundness and safety of the boiler;
155.14 (2) the boiler shall be tested by ultrasonic examination for metal thickness (for
155.15purposes of calculating the maximum allowable working pressure the thinnest reading
155.16shall be used and a safety factor of six shall be used in calculating maximum allowable
155.17working pressure on all non-ASME-code hobby and show boilers); and
155.18 (3) repairs and alterations made to show boilers must be made pursuant to section
155.20 (c) Further each such object shall successfully complete an inspection of:
155.21 (1) the fusible plug;
155.22 (2) the safety valve, which must be of
155.23ASME approved design and set at the maximum allowable working pressure and sealed in
155.24an appropriate manner not allowing tampering with the valve setting without destroying
155.25the seal; and
155.26 (3) the boiler power piping.
155.27 Any longitudinal cracks found in riveted longitudinal seams requires that the vessel
155.28be sealed and not approved for use in Minnesota. If the boiler or show engine is jacketed,
155.29the jacket must be removed prior to inspection.
155.30 Sec. 4. Minnesota Statutes 2006, section 183.42, is amended to read:
155.31183.42 INSPECTION AND REGISTRATION.
155.32 Subdivision 1. Inspection. Every owner, lessee, or other person having charge of
155.33boilers or pressure vessels subject to inspection under this chapter shall cause them to be
155.34inspected by the
155.35183.411 and 183.45, boilers subject to inspection under this chapter must be inspected at
156.1least annually and pressure vessels inspected at least every two years
156.2
156.3or pressure vessel for failure to have the inspection required by this section and may seal
156.4the boiler or pressure vessel for refusal to allow an inspection as required by this section.
156.5 Subd. 2. Registration. Every owner, lessee, or other person having charge of
156.6boilers or pressure vessels subject to inspection under this chapter, except hobby boilers
156.7under section 183.411, shall register said objects with the
156.8department. The registration shall be renewed annually and is applicable to each object
156.9separately. The fee for registration of a boiler or pressure vessel shall be pursuant to
156.10section
156.11a billing statement for each boiler and pressure vessel on record with the division, and
156.12may determine a monthly schedule of billings to be followed for owners, lessees, or other
156.13persons having charge of a boiler or pressure vessel subject to inspection under this chapter.
156.14 Subd. 3. Certificate of registration. The
156.15shall issue a certificate of registration that lists the registered boilers and pressure vessels
156.16at the location, expiration date of the certificate of registration, last inspection date of
156.17each registered boiler and pressure vessel, and maximum allowable working pressure for
156.18each registered boiler and pressure vessel. The commissioner may make an electronic
156.19certificate of registration available to be printed by the owner, lessee, or other person
156.20having charge of the registered boiler or pressure vessel.
156.21 Sec. 5. Minnesota Statutes 2006, section 183.45, is amended to read:
156.22183.45 INSPECTION.
156.23 Subdivision 1. Inspection requirements. All boilers and steam generators must
156.24be inspected by the
156.25all boilers must be inspected at least once each year thereafter except as provided under
156.26subdivision 2 or section 183.411. Inspectors may subject all boilers to hydrostatic pressure
156.27or hammer test, and shall ascertain by a thorough internal and external examination
156.28that they are well made and of good and suitable material; that the openings for the
156.29passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of
156.30proper dimensions and free from obstructions; that the flues are circular in form; that the
156.31arrangements for delivering the feed water are such that the boilers cannot be injured
156.32thereby; and that such boilers and their connections may be safely used without danger to
156.33life or property. Inspectors shall ascertain that the safety valves are of suitable dimensions,
156.34sufficient in number, and properly arranged, and that the safety valves are so adjusted as
156.35to allow no greater pressure in the boilers than the amount prescribed by the inspector's
157.1certificate; that there is a sufficient number of gauge cocks, properly inserted, to indicate
157.2the amount of water, and suitable gauges that will correctly record the pressure; and
157.3that the fusible metals are properly inserted where required so as to fuse by the heat of
157.4the furnace whenever the water in the boiler falls below its prescribed limit; and that
157.5provisions are made for an ample supply of water to feed the boilers at all times; and that
157.6means for blowing out are provided, so as to thoroughly remove the mud and sediment
157.7from all parts when under pressure.
157.8 Subd. 2. Qualifying boiler. (a) "Qualifying boiler" means a boiler of 200,000
157.9pounds per hour or more capacity which has an internal continuous water treatment
157.10program approved by the department and which the
157.11has determined to be in compliance with paragraph (c).
157.12 (b) A qualifying boiler must be inspected at least once every 24 months internally
157.13and externally while not under pressure and at least once every 18 months externally
157.14while under pressure. If the inspector considers it necessary to conduct a hydrostatic test
157.15to determine the safety of a boiler, the test must be conducted under the direction of the
157.16owner, contractor, or user of the equipment under the supervision of an inspector.
157.17 (c) The owner of a qualifying boiler must keep accurate records showing the date
157.18and actual time the boiler is out of service, the reason or reasons therefor, and the chemical
157.19physical laboratory analysis of samples of the boiler water taken at regular intervals of
157.20not more than 48 hours of operation which adequately show the condition of the water,
157.21and any elements or characteristics of the water capable of producing corrosion or other
157.22deterioration of the boiler or its parts.
157.23 (d) If an inspector determines there are substantial deficiencies in equipment or in
157.24boiler water treatment operating procedures, inspections of a qualifying boiler may be
157.25required once every 12 months until the
157.26substantial deficiencies have been corrected.
157.27 Sec. 6. Minnesota Statutes 20064, section 183.46, is amended to read:
157.28183.46 TESTS.
157.29 In subjecting both high and low pressure boilers and pressure vessels to the
157.30hydrostatic test, and to determine the safe allowable working pressure, the inspector shall
157.31use the latest approved formula of the
157.32Code or National Board Inspection Code, as applicable.
157.33 Sec. 7. Minnesota Statutes 2006, section 183.465, is amended to read:
157.34183.465 STANDARDS OF INSPECTION.
158.1 The engineering standards of boilers and pressure vessels for use in this state shall
158.2be that established by the current edition of
158.3National Board Inspection Code, as applicable, for construction, operation and care of,
158.4in-service inspection and testing, and controls and safety devices
158.5
158.6
158.7 Sec. 8. Minnesota Statutes 2006, section 183.466, is amended to read:
158.8183.466 STANDARDS OF REPAIRS.
158.9 The rules for repair of boilers and pressure vessels for use in this state shall be those
158.10established by the National Board of Boiler and Pressure Vessel Inspectors inspection
158.11code and the rules
158.12
158.13 Sec. 9. Minnesota Statutes 2006, section 183.48, is amended to read:
158.14183.48 SPECIAL EXAMINATION.
158.15
158.16If an inspector examines a boiler or pressure vessel
158.17
158.18notify the
158.19
158.20shall not thereafter be used until
158.21operated by unlicensed or improperly licensed persons shall not be used until the operators
158.22are properly licensed. If circumstances warrant continued operation, approval may be
158.23given for continuing operation for a specific period of time, not to exceed 30 days, at the
158.24discretion of the boiler inspector.
158.25 Sec. 10. Minnesota Statutes 2006, section 183.501, is amended to read:
158.26183.501 LICENSE REQUIREMENT.
158.27 (a) No
158.28boiler, steam engine, or turbine who has not received a license of grade covering that
158.29boiler, steam engine or turbine. The license shall be renewed annually, except as provided
158.30in section 183.411.
158.31
158.32
159.1 (b) For purposes of this chapter, "operation" shall not include monitoring of an
159.2automatic boiler, either through on premises inspection of the boiler or by remote
159.3electronic surveillance, provided that no operations are performed upon the boiler other
159.4than emergency shut down in alarm situations.
159.5 (c) No individual under the influence of illegal drugs or alcohol shall be entrusted
159.6with the operation of or shall operate any boiler, steam engine, or turbine, or shall be
159.7entrusted with the monitoring of or shall monitor an automatic boiler.
159.8 Sec. 11. Minnesota Statutes 2006, section 183.505, is amended to read:
159.9183.505 APPLICATIONS FOR LICENSES.
159.10 The
159.11applications for
159.12blanks shall
159.13
159.14
159.15 Sec. 12. Minnesota Statutes 2006, section 183.51, is amended to read:
159.16183.51 EXAMINATIONS; CLASSIFICATIONS; QUALIFICATIONS.
159.17 Subdivision 1. Engineers, classes. Engineers shall be divided into four classes:
159.18 (1) Chief engineers; Grade A, Grade B, and Grade C. (2) first class engineers; Grade
159.19A, Grade B, and Grade C. (3) second class engineers; Grade A, Grade B, and Grade
159.20C. (4) Special engineers.
159.21 Subd. 2. Applications. Any
159.22shall submit
159.23on a written or electronic form prescribed by the commissioner, at least 15 days before
159.24the requested exam date. The application
159.25examination on one occasion within one year from the date the commissioner
159.26
159.27 Subd. 2a. Examinations. Each applicant for a license must pass an examination
159.28
159.29of sufficient scope to establish the competency of the applicant to operate a boiler of the
159.30applicable license class and grade.
159.31 Subd. 3. High and low pressure boilers. For the purposes of this section and
159.32section
159.33pressure in excess of 15 p.s.i.g., or a water or other liquid boiler in which the pressure
159.34exceeds 160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
160.1 Low pressure boilers shall mean boilers operating at a steam or other vapor pressure
160.2of 15 p.s.i.g. or less, or a water or other liquid boiler in which the pressure does not exceed
160.3160 p.s.i.g. or a temperature of 250 degrees Fahrenheit.
160.4 Subd. 4. Chief engineer, Grade A.
160.5a chief engineer, Grade A, shall be at least 18 years of age and have experience which
160.6verifies that the
160.7safe operation and maintenance of all classes of boilers, steam engines, and turbines and
160.8their appurtenances; and, before receiving a license, the applicant shall take and subscribe
160.9an oath attesting to at least five years actual experience in operating such boilers, including
160.10at least two years experience in operating such engines or turbines.
160.11 Subd. 5. Chief engineer, Grade B.
160.12chief engineer, Grade B, shall be at least 18 years of age and have habits and experience
160.13which justify the belief that the
160.14responsible for the safe operation and maintenance of all classes of boilers and their
160.15appurtenances; and, before receiving a license, the applicant shall take and subscribe an
160.16oath attesting to at least five years actual experience in operating those boilers.
160.17 Subd. 6. Chief engineer, Grade C.
160.18chief engineer, Grade C, shall be at least 18 years of age and have habits and experience
160.19which justify the belief that the
160.20be responsible for the safe operation and maintenance of all classes of low pressure
160.21boilers and their appurtenances, and before receiving a license, the applicant shall take
160.22and subscribe an oath attesting to at least five years of actual experience in operating
160.23such boilers.
160.24 Subd. 7. First-class engineer, Grade A.
160.25as a first-class engineer, Grade A, shall be at least 18 years of age and have experience
160.26which verifies that the
160.27for the safe operation and maintenance of all classes of boilers, engines, and turbines and
160.28their appurtenances of not more than 300 horsepower or to operate as a shift engineer in a
160.29plant of unlimited horsepower. Before receiving a license, the applicant shall take and
160.30subscribe an oath attesting to at least three years actual experience in operating such
160.31boilers, including at least two years experience in operating such engines or turbines.
160.32 Subd. 8. First-class engineer, Grade B.
160.33as a first-class engineer, Grade B, shall be at least 18 years of age and have habits and
160.34experience which justify the belief that the
160.35of and be responsible for the safe operation and maintenance of all classes of boilers of
160.36not more than 300 horsepower or to operate as a shift engineer in a plant of unlimited
161.1horsepower. Before receiving a license the applicant shall take and subscribe an oath
161.2attesting to at least three years actual experience in operating such boilers.
161.3 Subd. 9. First-class engineer, Grade C.
161.4as a first-class engineer, Grade C, shall be at least 18 years of age and have habits and
161.5experience which justify the belief that the
161.6of and be responsible for the safe operation and maintenance of all classes of low pressure
161.7boilers and their appurtenances of not more than 300 horsepower or to operate as a shift
161.8engineer in a low pressure plant of unlimited horsepower. Before receiving a license, the
161.9applicant shall take and subscribe an oath attesting to at least three years actual experience
161.10in operating such boilers.
161.11 Subd. 10. Second-class engineer, Grade A.
161.12licensure as a second-class engineer, Grade A, shall be at least 18 years of age and have
161.13experience which verifies that the
161.14be responsible for the safe operation and maintenance of all classes of boilers, engines,
161.15and turbines and their appurtenances of not more than 100 horsepower or to operate
161.16as a shift engineer in a plant of not more than 300 horsepower, or to assist the shift
161.17engineer, under direct supervision, in a plant of unlimited horsepower. Before receiving
161.18a license the applicant shall take and subscribe an oath attesting to at least one year of
161.19actual experience in operating such boilers, including at least one year of experience in
161.20operating such engines or turbines.
161.21 Subd. 11. Second-class engineer, Grade B.
161.22licensure as a second-class engineer, Grade B, shall be at least 18 years of age and have
161.23habits and experience which justify the belief that the
161.24take charge of and be responsible for the safe operation and maintenance of all classes of
161.25boilers of not more than 100 horsepower or to operate as a shift engineer in a plant of not
161.26more than 300 horsepower or to assist the shift engineer, under direct supervision, in a plant
161.27of unlimited horsepower. Before receiving a license the applicant shall take and subscribe
161.28an oath attesting to at least one year of actual experience in operating such boilers.
161.29 Subd. 12. Second-class engineer, Grade C.
161.30licensure as a second-class engineer, Grade C, shall be at least 18 years of age and have
161.31habits and experience which justify the belief that the
161.32take charge of and be responsible for the safe operation and maintenance of all classes
161.33of low pressure boilers and their appurtenances of not more than 100 horsepower or to
161.34operate as a shift engineer in a low pressure plant of not more than 300 horsepower, or
161.35to assist the shift engineer, under direct supervision, in a low pressure plant of unlimited
162.1horsepower. Before receiving a license, the applicant shall take and subscribe an oath
162.2attesting to at least one year of actual experience in operating such boilers.
162.3 Subd. 13. Special engineer.
162.4engineer shall be at least 18 years of age and have habits and experience which justify
162.5the belief that the
162.6the safe operation and maintenance of all classes of boilers and their appurtenances of
162.7not more than 30 horsepower or to operate as a shift engineer in a plant of not more than
162.8100 horsepower, or to serve as an apprentice in any plant under the direct supervision of
162.9the properly licensed engineer.
162.10 Subd. 14. Current boiler operators. Any
162.11than a steam boiler on or before April 15, 1982 shall be qualified for application for the
162.12applicable class license upon presentation of an affidavit furnished by an inspector and
162.13sworn to by the
162.14have at least the number of years of actual experience specified for the class of license
162.15requested and pass the appropriate examination.
162.16 Subd. 15. Rating horsepower. For the purpose of rating boiler horsepower for
162.17engineer license classifications only: ten square feet of heating surface shall be considered
162.18equivalent to one boiler horsepower for conventional boilers and five square feet of
162.19heating surface equivalent to one boiler horsepower for steam coil type generators.
162.20 Sec. 13. Minnesota Statutes 2006, section 183.54, subdivision 1, is amended to read:
162.21 Subdivision 1.
162.22
162.23
162.24
162.25
162.26
162.27
162.28inspector shall document the condition of the boiler or pressure vessel as required by the
162.29commissioner. The inspector shall issue an inspection certificate, as prescribed by the
162.30commissioner, to the owner or operator for the inspected boilers and pressure vessels
162.31found to be safe and suitable for use. The inspector shall immediately notify the owner or
162.32operator of any deficiencies found on the boilers and pressure vessels during the inspection
162.33on a form prescribed by the commissioner.
162.34 Sec. 14. Minnesota Statutes 2006, section 183.54, subdivision 3, is amended to read:
163.1 Subd. 3. Failure to pay fee. If the owner or lessee of any boiler or pressure vessel,
163.2which boiler or pressure vessel has been duly inspected, refuses to pay the required fee
163.3within 30 days from the date of the
163.4
163.5 Sec. 15. Minnesota Statutes 2006, section 183.545, is amended by adding a subdivision
163.6to read:
163.7 Subd. 11. Late fee. The commissioner may assess a late fee of up to $100 for
163.8each invoice issued under subdivision 1, 3, or 3a that is not paid in full by the due date
163.9stated on the invoice.
163.10EFFECTIVE DATE.This section is effective July 1, 2007.
163.11 Sec. 16. Minnesota Statutes 2006, section 183.56, is amended to read:
163.12183.56 EXCEPTIONS.
163.13 The provisions of sections
163.14 (1) boilers in buildings occupied solely for residence purposes with accommodations
163.15for not more than five families;
163.16 (2) railroad locomotives operated by railroad companies for transportation purposes;
163.17 (3) air tanks installed on the right-of-way of railroads and used directly in the
163.18operation of trains;
163.19 (4) boilers and pressure vessels under the direct jurisdiction of the United States;
163.20 (5) unfired pressure vessels having an internal or external working pressure not
163.21exceeding 15 p.s.i.g. with no limit on size;
163.22 (6) pressure vessels used for storage of compressed air not exceeding five cubic feet
163.23in volume and equipped with an
163.24stamped safety valve set at a maximum of 100 p.s.i.g.;
163.25 (7) pressure vessels having an inside diameter not exceeding six inches;
163.26 (8) every vessel that contains water under pressure, including those containing air
163.27that serves only as a cushion, whose design pressure does not exceed 300 p.s.i.g. and
163.28whose design temperature does not exceed 210 degrees Fahrenheit;
163.29 (9) boiler or pressure vessels located on farms used solely for agricultural or
163.30horticultural purposes; for purposes of this section, boilers used for mint oil extraction
163.31are considered used for agricultural or horticultural purposes, provided that the owner or
163.32lessee complies with the inspection requirements contained in section
163.33 (10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
164.1 (11) unfired pressure vessels in petroleum refineries;
164.2 (12) an air tank or pressure vessel which is an integral part of a passenger motor
164.3bus, truck, or trailer;
164.4 (13) hot water heating and other hot liquid boilers not exceeding a heat input of
164.5750,000 BTU per hour;
164.6 (14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000
164.7BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of
164.8120 gallons, or a pressure of 160 p.s.i.g.;
164.9 (15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
164.10 (16) pressure vessels operated full of water or other liquid not materially more
164.11hazardous than water, if the vessel's contents' temperature does not exceed 140 degrees
164.12Fahrenheit or a pressure of 200 p.s.i.g.;
164.13 (17) steam powered turbines at paper-making facilities which are powered by steam
164.14generated by municipal steam district facilities at a remote location; and
164.15 (18) manually fired boilers for model locomotive, boat, tractor, stationary engine,
164.16or antique motor vehicles constructed or maintained only as a hobby for exhibition,
164.17educational or historical purposes and not for commercial use, if the boilers have an
164.18inside diameter of 12 inches or less, or a grate area of two square feet or less, and are
164.19equipped with an
164.20of adequate size, a water level indicator, and a pressure gauge.
164.21 An engineer's license is not required for hot water supply boilers.
164.22 An engineer's license is not required for boilers, steam cookers, steam kettles, steam
164.23sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25
164.24kilowatt, 2-1/2 horsepower
164.25 Electric boilers not exceeding a maximum working pressure of 50 p.s.i.g., maximum
164.26of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
164.27shall not require an engineer license to operate.
164.28 Sec. 17. Minnesota Statutes 2006, section 183.57, subdivision 1, is amended to read:
164.29 Subdivision 1. Report required. Any insurance company insuring boilers and
164.30pressure vessels in this state shall file a report showing the most recent date of inspection,
164.31the name of the
164.32pressure vessel as disclosed by the inspection, whether the boiler was operated by a
164.33properly licensed engineer, whether a policy of insurance has been issued by the company
164.34with reference to the boiler or pressure vessel, and other information as directed by the
164.35
165.1company shall file the report with the
165.2The insurer shall provide a copy of the report to the person
165.3operating the inspected boiler or pressure vessel. Such report shall be made annually for
165.4boilers and biennially for pressure vessels.
165.5 Sec. 18. Minnesota Statutes 2006, section 183.57, subdivision 2, is amended to read:
165.6 Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
165.7company authorized to do business in this state has issued a policy of insurance, after the
165.8inspection thereof, is exempt from inspection by the department made under sections
165.10to be inspected in accordance with the inspection schedule set forth in sections
165.11and
165.12unexpired certificate of registration.
165.13 Sec. 19. Minnesota Statutes 2006, section 183.57, subdivision 5, is amended to read:
165.14 Subd. 5. Notice of insurance coverage. The insurer shall notify the commissioner
165.15
165.16location within 30 days of receipt of notification from the insured that a boiler or pressure
165.17vessel is present at an insured location. The insurer must also provide a duplicate of the
165.18notification to the insured.
165.19 Sec. 20. Minnesota Statutes 2006, section 183.57, subdivision 6, is amended to read:
165.20 Subd. 6. Notice of discontinued coverage. The insurer shall notify the
165.21commissioner
165.22discontinuation of insurance coverage of the boilers and pressure vessels at a location
165.23and the cause or reason for the discontinuation if the insurer has received notice from
165.24the insured that a boiler or pressure vessel is present at an insured location, as provided
165.25under subdivision 5. This notice shall show the effective date when the discontinued
165.26policy takes effect.
165.27 Sec. 21. Minnesota Statutes 2006, section 183.59, is amended to read:
165.28183.59 VIOLATIONS BY INSPECTORS.
165.29 Every inspector who willfully certifies falsely regarding any boiler or its attachments,
165.30or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
165.31to any
166.1sections
166.2inspector shall be removed from office forthwith.
166.3 Sec. 22. Minnesota Statutes 2006, section 183.60, is amended to read:
166.4183.60 VIOLATIONS IN CONSTRUCTION; REPAIR; SALE.
166.5 Subdivision 1. Construction violation.
166.6construct a boiler, boiler piping, or pressure vessel so as not to meet the minimum
166.7construction requirements of the
166.8and pressure vessel code, and the rules of the
166.9 department
166.10 Subd. 2. Repair violation.
166.11by welding or riveting so as not to meet the minimum requirements established by the
166.12current edition of the National Board of Boiler and Pressure Vessel Inspectors inspection
166.13code and the rules of the
166.14
166.15 Subd. 3. Sale violation.
166.16
166.17the minimum construction requirements of the
166.18ASME boiler and pressure vessel code and the rules of the
166.19
166.20 Sec. 23. Minnesota Statutes 2006, section 183.61, subdivision 2, is amended to read:
166.21 Subd. 2. Inspection violation.
166.22operated
166.23at least once each year, or pressure vessel, steam farm traction engine, portable or
166.24stationary show engine, or portable or stationary show boiler without having it inspected
166.25biennially,
166.26
166.27 Sec. 24. Minnesota Statutes 2006, section 183.61, subdivision 4, is amended to read:
166.28 Subd. 4. Failure to repair.
166.29any boiler or pressure vessel
166.30owner or operator
166.31
166.32
166.33or pressure vessel or cause it to be operated unless and until the defect has been corrected.
167.1 Sec. 25. [326B.93] INSPECTION PERSONNEL.
167.2 Subdivision 1. Inspectors. The department may employ such inspectors and other
167.3persons as are necessary to efficiently perform the duties and exercise the powers imposed
167.4upon the department.
167.5 Subd. 2. Chief boiler inspector. The commissioner shall appoint a chief boiler
167.6inspector who, under the direction and supervision of the commissioner, shall administer
167.7this chapter and the rules adopted under this chapter. The chief boiler inspector must:
167.8 (1) be licensed as a chief Grade A engineer; and
167.9 (2) possess a current commission issued by the National Board of Boiler and
167.10Pressure Vessel Inspectors.
167.11The chief boiler inspector shall be the state of Minnesota representative on the National
167.12Board of Boiler and Pressure Vessel Inspectors, shall be the final interpretative authority
167.13of the rules adopted under this chapter, and shall perform other duties in administering
167.14this chapter and the rules adopted under this chapter as assigned by the commissioner.
167.15Any person aggrieved by a ruling of the chief boiler inspector may appeal the ruling
167.16in accordance with chapter 14.
167.17 Sec. 26. [326B.94] BOATS; MASTERS.
167.18 Subdivision 1. Boat. "Boat" means any vessel navigating inland waters of the state
167.19that is propelled by machinery or sails, is carrying passengers for hire, and is 21 feet
167.20or more in length.
167.21 Subd. 2. Number of passengers. The department shall designate the number of
167.22passengers that each boat may safely carry, and no such boat shall carry a greater number
167.23than is allowed by the inspector's certificate.
167.24 Subd. 3. Annual permit. The commissioner shall issue an annual permit to a boat
167.25for the purpose of carrying passengers for hire on the inland waters of the state provided
167.26the boat satisfies the inspection requirements of this section. A boat subject to inspection
167.27under this chapter shall be registered with the department and shall be inspected before a
167.28permit may be issued. No person shall operate a boat or cause a boat to be operated for the
167.29purpose of carrying passengers for hire on the inland waters of the state without a valid
167.30annual permit issued under this section.
167.31 Subd. 4. Examinations, licensing. The commissioner shall develop and administer
167.32an examination for all masters of boats carrying passengers for hire on the inland waters of
167.33the state as to their qualifications and fitness. If found qualified and competent to perform
167.34their duties as a master of a boat carrying passengers for hire, they shall be issued a license
167.35authorizing them to act as such on the inland waters of the state. The license shall be
168.1renewed annually. Fees for the original issue and renewal of the license authorized under
168.2this section shall be pursuant to section 183.545, subdivision 2.
168.3 Subd. 5. Rules. (a) The department shall prescribe rules for the inspection of the
168.4hulls, machinery, boilers, steam connections, firefighting apparatus, lifesaving appliances,
168.5and lifesaving equipment of all power boats navigating the inland waters of the state,
168.6which shall conform to the requirements and specifications of the United States Coast
168.7Guard in similar cases as provided in Code of Federal Regulations, title 46, as applicable
168.8inland waters; these rules shall have the force of law.
168.9 (b) The commissioner shall make such rules for inspection and operation of boats
168.10subject to inspection under this chapter, the licensing of masters, and the navigation of any
168.11such boat as will require its operation without danger to life or property.
168.12 Subd. 6. Drugs, alcohol. No master shall be under the influence of illegal drugs
168.13or alcohol when on duty.
168.14 Sec. 27. REVISOR'S INSTRUCTION.
168.15 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
168.16column A with the number listed in column B. The revisor shall also make necessary
168.17cross-reference changes consistent with the renumbering.
169.5 Section 1. Minnesota Statutes 2006, section 326.46, is amended to read:
169.6326.46
169.7PRESSURE PIPING.
169.8 The department
169.9on all projects in this state
169.10 The department shall employ inspectors and other assistants to carry out the
169.11provisions of sections
169.12 Sec. 2. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.13to read:
169.14 Subd. 1a. Board. "Board" means the Board of High Pressure Piping Systems.
169.15 Sec. 3. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.16to read:
169.17 Subd. 1b. Contracting high pressure pipefitter. "Contracting high pressure
169.18pipefitter" means an individual, such as a steamfitter, engaged in the planning,
169.19superintending, and practical installation of high pressure piping and appurtenances, and
169.20otherwise lawfully qualified to construct high pressure piping installations and make
169.21replacements to existing plants, who is also qualified to conduct the business of high
169.22pressure piping installations and who is familiar with the laws, rules, and minimum
169.23standards governing them.
169.24 Sec. 4. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.25to read:
169.26 Subd. 2a. High pressure steam. "High pressure steam" means a pressure in excess
169.27of 15 pounds per square inch.
169.28 Sec. 5. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
169.29to read:
170.1 Subd. 2b. Journeyman high pressure pipefitter. "Journeyman high pressure
170.2pipefitter" means an individual, such as a steamfitter, who is not a contracting high
170.3pressure pipefitter and who is engaged in the practical installation of high pressure piping
170.4and appurtenances in the employ of a contracting high pressure pipefitter.
170.5 Sec. 6. Minnesota Statutes 2006, section 326.461, is amended by adding a subdivision
170.6to read:
170.7 Subd. 4. Pipefitter apprentice. A "pipefitter apprentice" is an individual employed
170.8in the trade of the practical construction and installation of high pressure piping and
170.9appurtenances under an apprenticeship agreement approved by the department under
170.10Minnesota Rules, part 5200.0300.
170.11EFFECTIVE DATE.This section is effective July 1, 2007.
170.12 Sec. 7. Minnesota Statutes 2006, section 326.47, is amended to read:
170.13326.47 APPLICATION, PERMIT, FILING, AND INSPECTION FEES.
170.14 Subdivision 1. Required permit. No person
170.15install high pressure piping systems without first filing an application for a permit with the
170.16department
170.17
170.18 Subd. 2. Permissive municipal regulation.
170.19
170.20
170.21
170.22
170.23
170.24
170.25
170.26
170.27
170.28with a municipality, in which the municipality agrees to perform inspections and issue
170.29permits for the construction and installation of high pressure piping systems within the
170.30municipality's geographical area of jurisdiction, if:
170.31 (a) The municipality has adopted:
170.32 (1) the code for power piping systems, Minnesota Rules, parts 5230.0250 to
170.335230.6200;
171.1 (2) an ordinance that authorizes the municipality to issue permits to persons holding
171.2a high pressure piping business license issued by the department and only for construction
171.3or installation that would, if performed properly, fully comply with all Minnesota Statutes
171.4and Minnesota Rules;
171.5 (3) an ordinance that authorizes the municipality to perform the inspections that are
171.6required under Minnesota Statutes or Minnesota Rules of the construction and installation
171.7of high pressure piping systems; and
171.8 (4) an ordinance that authorizes the municipality to enforce the code for power
171.9piping systems in its entirety.
171.10 (b) The municipality agrees to issue permits only to persons holding a high pressure
171.11piping business license as required by law at the time of the permit issuance, and only for
171.12construction or installation that would, if performed properly, comply with all Minnesota
171.13Statutes and Minnesota Rules governing the construction or installation of high pressure
171.14piping systems.
171.15 (c) The municipality agrees to issue permits only on forms approved by the
171.16department.
171.17 (d) The municipality agrees that, for each permit issued by the municipality, the
171.18municipality shall perform one or more inspections of the construction or installation to
171.19determine whether the construction or installation complies with all Minnesota Statutes
171.20and Minnesota Rules governing the construction or installation of high pressure piping
171.21systems, and shall prepare a written report of each inspection.
171.22 (e) The municipality agrees to notify the commissioner within 24 hours after the
171.23municipality discovers any violation of the licensing laws related to high pressure piping.
171.24 (f) The municipality agrees to notify the commissioner immediately if the
171.25municipality discovers that any entity has failed to meet a deadline set by the municipality
171.26for correction of a violation of the high pressure piping laws.
171.27 (g) The commissioner determines that the individuals who will conduct the
171.28inspections for the municipality do not have any conflict of interest in conducting the
171.29inspections.
171.30 (h) Individuals who will conduct the inspections for the municipality are permanent
171.31employees of the municipality and are licensed contracting high pressure pipefitters or
171.32licensed journeyman high pressure pipefitters.
171.33 (i) The municipality agrees to notify the commissioner within ten days of any
171.34changes in the names or qualifications of the individuals who conduct the inspections
171.35for the municipality.
172.1 (j) The municipality agrees to enforce in its entirety the code for power piping
172.2systems on all projects.
172.3 (k) The municipality shall not approve any piping installation unless the installation
172.4conforms to all applicable provisions of the high pressure piping laws in effect at the
172.5time of the installation.
172.6 (l) The municipality agrees to promptly require compliance or revoke a permit that
172.7it has issued if there is noncompliance with any of the applicable provisions of the high
172.8pressure piping laws in connection with the work covered by the permit. The municipality
172.9agrees to revoke the permit if any laws regulating the licensing of pipefitters have been
172.10violated.
172.11 (m) The municipality agrees to keep official records of all documents received,
172.12including permit applications, and of all permits issued, reports of inspections, and notices
172.13issued in connection with inspections.
172.14 (n) The municipality agrees to maintain the records described in paragraph (m) in
172.15the official records of the municipality for the period required for the retention of public
172.16records under section 138.17, and shall make these records readily available for review
172.17according to section 13.37.
172.18 (o) Not later than the tenth day of each month, the municipality shall submit to the
172.19commissioner a report of all high pressure piping permits issued by the municipality during
172.20the preceding month. This report shall be in a format approved by the commissioner
172.21and shall include:
172.22 (1) the name of the contractor;
172.23 (2) the license number of the contractor's license issued by the commissioner;
172.24 (3) the permit number;
172.25 (4) the address of the job;
172.26 (5) the date the permit was issued;
172.27 (6) a brief description of the work; and
172.28 (7) the amount of the inspection fee.
172.29 (p) Not later than the 31st day of January of each year, the municipality shall submit
172.30a summary report to the commissioner identifying the status of each high pressure piping
172.31project for which the municipality issued a permit during the preceding year, and the
172.32status of high pressure piping projects for which the municipality issued a permit during a
172.33prior year where no final inspection had occurred by the first day of the preceding year.
172.34This summary report shall include:
172.35 (1) the permit number;
172.36 (2) the date of any final inspection; and
173.1 (3) identification of any violation of high pressure piping laws related to work
173.2covered by the permit.
173.3 (q) The municipality and the commissioner agree that if at any time during the
173.4agreement the municipality does not have in effect the code for high pressure piping
173.5systems or any of the ordinances described in paragraph (a), or if the commissioner
173.6determines that the municipality is not properly administering and enforcing the code for
173.7high pressure piping or is otherwise not complying with the agreement:
173.8 (1) the commissioner may, effective 14 days after the municipality's receipt of
173.9written notice, terminate the agreement and have the administration and enforcement of
173.10the high pressure piping code in the involved municipality undertaken by the department;
173.11 (2) the municipality may challenge the termination in a contested case before the
173.12commissioner pursuant to the Administrative Procedure Act; and
173.13 (3) while any challenge under clause (2) is pending, the commissioner may exercise
173.14oversight of the municipality to the extent needed to ensure that high pressure piping
173.15inspections are performed and permits are issued in accordance with the high pressure
173.16piping laws.
173.17 (r) The municipality and the commissioner agree that the municipality may terminate
173.18the agreement with or without cause on 90 days' written notice to the commissioner.
173.19 (s) The municipality and the commissioner agree that no municipality shall
173.20revoke, suspend, or place restrictions on any high pressure piping license issued by the
173.21commissioner. If the municipality identifies during an inspection any violation that
173.22may warrant revocation, suspension, or placement of restrictions on a high pressure
173.23piping license issued by the commissioner, the municipality shall promptly notify the
173.24commissioner of the violation and the commissioner shall determine whether revocation,
173.25suspension, or placement of restrictions on any high pressure piping license issued by
173.26the commissioner is appropriate.
173.27
173.28
173.29
173.30
173.31
173.32 Subd. 6. Filing and inspection fees. (a) The department
173.33charge a filing fee
173.34for all applications for permits to construct or install high pressure piping systems. The
173.35filing fee
174.1be
174.2inspection fee shall be calculated as follows.
174.3 (1) When an application for a permit is filed prior to the start of construction or
174.4installation, the inspection fee shall be $150 plus 0.022 of the first $1,000,000, plus
174.50.011 of the next $2,000,000, plus 0.00055 of the amount over $3,000,000 of the cost of
174.6construction or installation.
174.7 (2) Except as provided in paragraph (b), when an application for permit is filed after
174.8the start of construction or installation, the inspection fee shall be the greater of: $1,100;
174.9or $150 plus 0.033 of the first $1,000,000, plus 0.0165 of the next $2,000,000, plus 0.011
174.10of the amount over $3,000,000 of the cost of construction or installation.
174.11 (b) The commissioner shall consider any extenuating circumstances that caused an
174.12application for permit to be filed after the start of construction or installation. If warranted
174.13by such extenuating circumstances, the commissioner may calculate the inspection fee as
174.14if the application for permit had been filed prior to the start of construction or installation.
174.15 (c) Paragraphs (a) and (b) do not apply where a permit is issued by a municipality
174.16
174.17EFFECTIVE DATE.This section is effective December 1, 2007, except that
174.18subdivision 6 is effective July 1, 2007.
174.19 Sec. 8. Minnesota Statutes 2006, section 326.48, is amended to read:
174.20326.48 LICENSING AND REGISTRATION.
174.21 Subdivision 1. License required; rules; time credit. No
174.22engage in or work at the business of a contracting high pressure pipefitter unless issued an
174.23individual contracting high pressure pipefitter license to do so by the department
174.24
174.25on existing installations. No
174.26journeyman pipefitter unless issued an individual journeyman high pressure pipefitter
174.27competency license to do so by the department
174.28by the board. A person possessing an individual contracting high pressure pipefitter
174.29competency license may also work as a journeyman high pressure pipefitter.
174.30 No person
174.31piping, nor install high pressure piping in connection with the dealing in and selling
174.32of high pressure pipe material and supplies, unless, at all times,
174.33possessing a contracting high pressure pipefitter individual competency license or a
174.34journeyman high pressure pipefitter individual competency license is responsible for
175.1ensuring that the high pressure pipefitting work
175.2
175.3 The
175.4herewith, for the examination and individual competency licensing of contracting high
175.5pressure pipefitters and journeyman high pressure pipefitters and for issuance of permits
175.6by the department and municipalities for the installation of high pressure piping.
175.7 An employee performing the duties of inspector for the department
175.8
175.9when making an application for a license required by this section.
175.10 Subd. 2. High pressure pipefitting business license. Before obtaining a permit
175.11for high pressure piping work, a person
175.12utilize a business with a high pressure piping business license.
175.13 A person
175.14employee at least one individual holding an individual contracting high pressure pipefitter
175.15competency license. Only full-time employees who hold individual contracting high
175.16pressure pipefitter licenses are authorized to obtain high pressure piping permits in the
175.17name of the business. The individual contracting high pressure pipefitter competency
175.18license holder can be the employee of only one high pressure piping business at a time.
175.19 To retain its business license without reapplication, a person
175.20
175.21
175.22license shall have 60 days from the last day of employment of its previous individual
175.23contracting pipefitter competency license holder to employ another license holder. The
175.24department
175.25of employment of the previous license holder.
175.26 No high pressure pipefitting work may be performed during any period when the
175.27high pressure pipefitting business does not have an individual contracting high pressure
175.28pipefitter competency license holder on staff. If a license holder is not employed within
175.2960 days after the last day of employment of the previous license holder, the pipefitting
175.30business license shall lapse.
175.31 The
175.32application for and issuance of business licenses
175.33 Subd. 2a. Registration requirement. All unlicensed individuals, other than
175.34pipefitter apprentices, must be registered under subdivision 2b. No licensed high pressure
175.35piping business shall employ an unlicensed individual to assist in the practical construction
175.36and installation of high pressure piping and appurtenances unless the unlicensed individual
176.1is registered with the department. A pipefitter apprentice or registered unlicensed
176.2individual employed by a high pressure piping business may assist in the practical
176.3construction and installation of high pressure piping and appurtenances only while under
176.4direct supervision of a licensed individual contracting high pressure pipefitter or licensed
176.5journeyman high pressure pipefitter employed by the same high pressure piping business.
176.6The licensed individual contracting high pressure pipefitter or licensed journeyman high
176.7pressure pipefitter shall supervise no more than two pipefitter apprentices or registered
176.8unlicensed individuals. The licensed individual contracting high pressure pipefitter or
176.9journeyman high pressure pipefitter is responsible for ensuring that all high pressure
176.10piping work performed by the pipefitter apprentice or registered unlicensed individual
176.11complies with Minnesota Statutes and Minnesota Rules.
176.12 Subd. 2b. Registration with commissioner. An unlicensed individual may
176.13register to assist in the practical construction and installation of high pressure piping
176.14and appurtenances while in the employ of a licensed high pressure piping business by
176.15completing and submitting to the commissioner a registration form provided by the
176.16commissioner. The Board of High Pressure Piping Systems may prescribe rules, not
176.17inconsistent with this section, for the registration of unlicensed individuals.
176.18 An unlicensed individual applying for initial registration shall pay the department an
176.19application fee of $50. Applications for initial registration may be submitted at any time.
176.20Registration must be renewed annually and shall be valid for one calendar year beginning
176.21January 1. Applications for renewal registration must be submitted to the commissioner
176.22before December 31 of each registration period on forms provided by the commissioner,
176.23and must be accompanied by a fee of $50. There shall be no refund of fees paid.
176.24 Subd. 3. Bond.
176.25piping business license or renewal shall give bond to the state in the total
176.26$15,000 conditioned upon the faithful and lawful performance of all work
176.27contracted for or performed within the state. The bond shall run to and be for the benefit of
176.28persons injured or suffering financial loss by reason of failure of payment or performance.
176.29Claims and actions on the bond may be brought according to sections
176.30 The term of the bond must be concurrent with the term of the high pressure
176.31pipefitting business license and run without interruption from the date of the issuance of
176.32the license to the end of the calendar year. All high pressure pipefitting business licenses
176.33must be annually renewed on a calendar year basis.
176.34 The bond must be filed with the department
176.35in lieu of any other business license bonds required by any political subdivision for
177.1high pressure pipefitting. The bond must be written by a corporate surety licensed to
177.2do business in the state.
177.3 Subd. 4. Insurance. In addition to the bond described in subdivision 3, each
177.4applicant for a high pressure pipefitting business license or renewal shall have in force
177.5public liability insurance, including products liability insurance, with limits of at least
177.6$100,000 per person and $300,000 per occurrence and property damage insurance with
177.7limits of at least $50,000.
177.8 The insurance must be kept in force for the entire term of the high pressure
177.9pipefitting business license, and the license shall be suspended by the department if at any
177.10time the insurance is not in force.
177.11 The insurance must be written by an insurer licensed to do business in the state and
177.12shall be in lieu of any other insurance required by any subdivision of government for
177.13high pressure pipefitting. Each person
177.14pressure pipefitting business license shall maintain on file with the department a certificate
177.15evidencing the insurance. Any purported cancellation of insurance shall not be effective
177.16without the insurer first giving 30 days' written notice to the department.
177.17 Subd. 5. License fee. The
177.18
177.19
177.20
177.21license fees:
177.22 (a) application for journeyman high pressure piping pipefitter competency license,
177.23$120;
177.24 (b) renewal of journeyman high pressure piping pipefitter competency license, $80;
177.25 (c) application for contracting high pressure piping pipefitter competency license,
177.26$270;
177.27 (d) renewal of contracting high pressure piping pipefitter competency license, $240;
177.28 (e) application for high pressure piping business license, $450;
177.29 (f) application to inactivate a contracting high pressure piping pipefitter competency
177.30license or inactivate a journeyman high pressure piping pipefitter competency license,
177.31$40; and
177.32 (g) renewal of an inactive contracting high pressure piping pipefitter competency
177.33license or inactive journeyman high pressure piping pipefitter competency license, $40.
177.34 If an application for renewal of an active or inactive journeyman high pressure
177.35piping pipefitter competency license or active or inactive contracting high pressure piping
178.1competency license is received by the department after the date of expiration of the
178.2license, a $30 late renewal fee shall be added to the license renewal fee.
178.3 Payment must accompany the application for a license or renewal of a license. There
178.4shall be no refund of fees paid.
178.5EFFECTIVE DATE.This section is effective December 1, 2007, except that
178.6subdivisions 2a, 2b, and 5 are effective July 1, 2007.
178.7 Sec. 9. Minnesota Statutes 2006, section 326.50, is amended to read:
178.8326.50 LICENSE APPLICATION
178.9 Application for an individual contracting high pressure pipefitter competency or an
178.10individual journeyman high pressure pipefitter competency license shall be made to the
178.11department
178.12passing an examination developed and administered by the department
178.13
178.14the department shall expire on December 31 of each year. A renewal application must be
178.15received by the department within one year after expiration of the competency license. A
178.16license that has been expired for more than one year cannot be renewed, and can only be
178.17reissued if the applicant submits a new application for the competency license, pays a new
178.18application fee, and retakes and passes the applicable license examination.
178.19 Sec. 10. [326.505] BOARD OF HIGH PRESSURE PIPING SYSTEMS.
178.20 Subdivision 1. Composition. (a) The Board of High Pressure Piping Systems
178.21shall consist of 12 members. Eleven members shall be appointed by the governor with
178.22the advice and consent of the senate and shall be voting members. Appointments of
178.23members by the governor shall be made in accordance with section 15.066. If the senate
178.24votes to refuse to consent to an appointment of a member made by the governor, the
178.25governor shall appoint a new member with the advice and consent of the senate. One
178.26member shall be the commissioner of labor and industry or the commissioner of labor and
178.27industry's designee, who shall be a voting member. Of the 11 appointed members, the
178.28composition shall be as follows:
178.29 (1) one member shall be a high pressure piping inspector;
178.30 (2) one member shall be a licensed mechanical engineer;
178.31 (3) one member shall be a representative of the high pressure piping industry;
178.32 (4) four members shall be high pressure piping contractors engaged in the scope of
178.33high pressure piping, two from the metropolitan area and two from greater Minnesota;
179.1 (5) two members shall be high pressure piping journeymen engaged in the scope
179.2of high pressure piping systems installation, one from the metropolitan area and one
179.3from greater Minnesota;
179.4 (6) one member shall be a representative of industrial companies that use high
179.5pressure piping systems in their industrial process; and
179.6 (7) one member shall be a representative from utility companies in Minnesota.
179.7 The high pressure piping inspector shall be appointed for a term to end December
179.831, 2011. The professional mechanical engineer shall be appointed for a term to end
179.9December 31, 2010. The representative of the high pressure piping industry shall be
179.10appointed for a term to end December 31, 2011. Two of the high pressure piping
179.11contractors shall be appointed for a term to end December 31, 2011. The other two high
179.12pressure piping contractors shall be appointed for a term to end December 31, 2010. One
179.13of the high pressure piping journeymen shall be appointed for a term to end December 31,
179.142011. The other high pressure piping journeyman shall be appointed for a term to end
179.15December 31, 2010. The one representative of industrial companies that use high pressure
179.16piping systems in their industrial process shall be appointed for a term to end December
179.1731, 2010. The one representative of a utility company in Minnesota shall be appointed for
179.18a term to end December 31, 2010.
179.19 (b) The licensed professional mechanical engineer must possess a current Minnesota
179.20professional engineering license and maintain the license for the duration of their term.
179.21All other appointed members, except for the representative of the piping industry, the
179.22representative of industrial companies that use high pressure piping systems, and the
179.23representative of public utility companies in Minnesota, must possess a current high
179.24pressure piping license issued by the Department of Labor and Industry and maintain
179.25that license for the duration of their term. All appointed members must be residents of
179.26Minnesota at the time of and throughout the member's appointment. The term of any
179.27appointed member that does not maintain membership qualification status shall end on the
179.28date of status change and the governor shall appoint a new member. It is the responsibility
179.29of the member to notify the board of the member's status change.
179.30 (c) For appointed members, except the initial terms designated in paragraph (a), each
179.31term shall be three years with the terms ending on December 31. Members appointed by
179.32the governor shall be limited to three consecutive terms. The governor shall, all or in part,
179.33reappoint the current members or appoint replacement members with the advice and
179.34consent of the senate. Midterm vacancies shall be filled for the remaining portion of the
179.35term. Vacancies occurring with less than six months time remaining in the term shall be
179.36filled for the existing term and the following three-year term. Members may serve until
180.1their successors are appointed but in no case later than July 1 in a year in which the term
180.2expires unless reappointed.
180.3 Subd. 2. Powers; duties; administrative support. (a) The board shall have the
180.4power to:
180.5 (1) elect its chair, vice-chair, and secretary;
180.6 (2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
180.7and containing such other provisions as may be useful and necessary for the efficient
180.8conduct of the business of the board;
180.9 (3) adopt the high pressure piping code that must be followed in this state and any
180.10high pressure piping code amendments thereto. The board shall adopt the high pressure
180.11piping code and any amendments thereto pursuant to chapter 14, and as provided in
180.12subdivision 6, paragraphs (b), (c), and (d);
180.13 (4) review requests for final interpretations and issue final interpretations as provided
180.14in section 16B.63, subdivision 5;
180.15 (5) except for rules regulating continuing education, adopt rules that regulate the
180.16licensure or registration of high pressure piping contractors, journeymen, and other
180.17persons engaged in the design, installation, and alteration of high pressure piping systems,
180.18except for those individuals licensed under section 326.02, subdivisions 2 and 3. The
180.19board shall adopt these rules pursuant to chapter 14 and as provided in subdivision
180.206, paragraphs (e) and (f);
180.21 (6) advise the commissioner regarding educational requirements for high pressure
180.22piping inspectors;
180.23 (7) refer complaints or other communications to the commissioner, whether oral or
180.24written, as provided in subdivision 7 that alleges or implies a violation of a statute, rule, or
180.25order that the commissioner has the authority to enforce pertaining to code compliance,
180.26licensure, or an offering to perform or performance of unlicensed high pressure piping
180.27services;
180.28 (8) approve per diem and expenses deemed necessary for its members as provided in
180.29subdivision 3;
180.30 (9) select from its members individuals to serve on any other state advisory council,
180.31board, or committee;
180.32 (10) recommend the fees for licenses and certifications; and
180.33 (11) approve license reciprocity agreements.
180.34 Except for the powers granted to the Plumbing Board, Board of Electricity, and the
180.35Board of High Pressure Piping, the commissioner of labor and industry shall administer
180.36and enforce the provisions of this chapter and any rules promulgated pursuant thereto.
181.1 (b) The board shall comply with section 15.0597, subdivisions 2 and 4.
181.2 (c) The commissioner shall coordinate the board's rulemaking and recommendations
181.3with the recommendations and rulemaking conducted by the other boards created pursuant
181.4to chapter 326B. The commissioner shall provide staff support to the board. The support
181.5includes professional, legal, technical, and clerical staff necessary to perform rulemaking
181.6and other duties assigned to the board. The commissioner of labor and industry shall
181.7supply necessary office space and supplies to assist the board in its duties.
181.8 Subd. 3. Compensation. (a) Members of the board may be compensated at the rate
181.9of $55 a day spent on board activities, when authorized by the board, plus expenses in
181.10the same manner and amount as authorized by the commissioner's plan adopted under
181.11section 43A.18, subdivision 2. Members who, as a result of time spent attending board
181.12meetings, incur child care expenses that would not otherwise have been incurred, may be
181.13reimbursed for those expenses upon board authorization.
181.14 (b) Members who are state employees or employees of the political subdivisions
181.15of the state must not receive the daily payment for activities that occur during working
181.16hours for which they are compensated by the state or political subdivision. However, a
181.17state or political subdivision employee may receive the daily payment if the employee
181.18uses vacation time or compensatory time accumulated in accordance with a collective
181.19bargaining agreement or compensation plan for board activities. Members who are state
181.20employees or employees of the political subdivisions of the state may receive the expenses
181.21provided for in this subdivision unless the expenses are reimbursed by another source.
181.22Members who are state employees or employees of political subdivisions of the state
181.23may be reimbursed for child care expenses only for time spent on board activities that
181.24are outside their working hours.
181.25 (c) The board shall adopt internal standards prescribing what constitutes a day spent
181.26on board activities for purposes of making daily payments under this subdivision.
181.27 Subd. 4. Removal; vacancies. (a) An appointed member of the board may be
181.28removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
181.29missing three consecutive meetings. The chair of the board shall inform the governor of an
181.30appointed member missing the three consecutive meetings. After the second consecutive
181.31missed meeting and before the next meeting, the secretary of the board shall notify the
181.32appointed member in writing that the member may be removed for missing the next
181.33meeting. In the case of a vacancy on the board, the governor shall, with the advice
181.34and consent of the senate, appoint a person to fill the vacancy for the remainder of the
181.35unexpired term.
181.36 (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
182.1 Subd. 5. Membership vacancies within three months of appointment.
182.2 Notwithstanding any law to the contrary, when a membership on the board becomes
182.3vacant within three months after being filled through the appointments process, the
182.4governor may, upon notification to the Office of Secretary of State, choose a new member
182.5from the applications on hand and need not repeat the process.
182.6 Subd. 6. Officers, quorum, voting. (a) The board shall elect annually from its
182.7members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
182.8majority of members of the board qualified to vote on the matter in question. All questions
182.9concerning the manner in which a meeting is conducted or called that is not covered
182.10by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
182.11specified by the bylaws.
182.12 (b) Except as provided in paragraph (c), each high pressure piping code amendment
182.13considered by the board that receives an affirmative two-thirds or more majority vote of
182.14all the voting members of the board shall be included in the next high pressure piping code
182.15rulemaking proceeding initiated by the board. If a high pressure piping code amendment
182.16considered, or reconsidered, by the board receives less than a two-thirds majority vote
182.17of all the voting members of the board, the high pressure piping code amendment shall
182.18not be included in the next high pressure piping code rulemaking proceeding initiated
182.19by the board.
182.20 (c) If the high pressure piping code amendment considered by the board is to replace
182.21the Minnesota High Pressure Piping Code with a model high pressure piping code, then
182.22the amendment may only be included in the next high pressure piping code rulemaking
182.23proceeding if it receives an affirmative two-thirds or more majority vote of all the voting
182.24members of the board.
182.25 (d) The board may reconsider high pressure piping code amendments during
182.26an active high pressure piping code rulemaking proceeding in which the amendment
182.27previously failed to receive a two-thirds majority vote or more of all the voting members
182.28of the board only if new or updated information that affects the high pressure piping code
182.29amendment is presented to the board. The board may also reconsider failed high pressure
182.30piping code amendments in subsequent high pressure piping code rulemaking proceedings.
182.31 (e) Each proposed rule and rule amendment considered by the board pursuant to the
182.32rulemaking authority specified in subdivision 2, paragraph (a), clause (5), that receives an
182.33affirmative majority vote of all the voting members of the board shall be included in the
182.34next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
182.35considered, or reconsidered, by the board receives less than an affirmative majority vote of
183.1all the voting members of the board, the proposed rule or rule amendment shall not be
183.2included in the next rulemaking proceeding initiated by the board.
183.3 (f) The board may reconsider the proposed rule or rule amendment during an
183.4active rulemaking proceeding in which the amendment previously failed to receive an
183.5affirmative majority vote of all the voting members of the board only if new or updated
183.6information that affects the proposed rule or rule amendment is presented to the board.
183.7The board may also reconsider failed proposed rules or rule amendments in subsequent
183.8rulemaking proceedings.
183.9 Subd. 7. Board meetings. (a) The board shall hold meetings at such times as the
183.10board shall specify. Notice and conduct of all meetings shall be pursuant to Minnesota
183.11Statutes, chapter 13D, and in such a manner as the bylaws may provide.
183.12 (b) If compliance with section 13D.02 is impractical, the board may conduct a
183.13meeting of its members by telephone or other electronic means so long as the following
183.14conditions are met:
183.15 (1) all members of the board participating in the meeting, wherever their physical
183.16location, can hear one another and can hear all discussion and testimony;
183.17 (2) members of the public present at the regular meeting location of the board can
183.18hear clearly all discussion and testimony and all votes of members of the board and, if
183.19needed, receive those services required by sections 15.44 and 15.441;
183.20 (3) at least one member of the board is physically present at the regular meeting
183.21location; and
183.22 (4) all votes are conducted by roll call, so each member's vote on each issue can be
183.23identified and recorded.
183.24 Each member of the board participating in a meeting by telephone or other electronic
183.25means is considered present at the meeting for purposes of determining a quorum and
183.26participating in all proceedings.
183.27 If telephone or other electronic means is used to conduct a regular, special, or
183.28emergency meeting, the board, to the extent practical, shall allow a person to monitor
183.29the meeting electronically from a remote location. The board may require the person
183.30making such a connection to pay for documented costs that the board incurs as a result of
183.31the additional connection.
183.32 If telephone or other electronic means is used to conduct a regular, special, or
183.33emergency meeting, the board shall provide notice of the regular meeting location, of the
183.34fact that some members may participate by telephone or other electronic means, and that
183.35a person may monitor the meeting electronically from a remote location. Any person
183.36monitoring the meeting electronically from a remote location may be required to pay
184.1documented costs incurred by the board as a result of the additional connection. The
184.2timing and method of providing notice is governed by section 13D.04.
184.3 Subd. 8. Complaints. (a) The board shall promptly forward to the commissioner
184.4the substance of any complaint or communication it receives, whether written or oral,
184.5that alleges or implies a violation of a statute, rule, or order that the commissioner has
184.6the authority to enforce pertaining to the license or registration of any person authorized
184.7by the department to provide high pressure piping services, the performance or offering
184.8to perform high pressure piping services requiring licensure by an unlicensed person, or
184.9high pressure code compliance. Each complaint or communication that is forwarded to the
184.10commissioner shall be submitted on a form provided by the commissioner.
184.11 (b) The commissioner shall advise the board of the status of the complaint within 90
184.12days after the board's written submission is received, or within 90 days after the board
184.13is provided with a written request for additional information or documentation from the
184.14commissioner or the commissioner's designee, whichever is later. The commissioner shall
184.15advise the board of the disposition of a complaint referred by the board within 180 days
184.16after the board's written submission is received. The commissioner shall annually report to
184.17the board a summary of the actions taken in response to complaints referred by the board.
184.18 Subd. 9. Data practices act. The board is subject to Minnesota Statutes, chapter 13,
184.19the Minnesota Government Data Practices Act, and shall protect from unlawful disclosure
184.20data classified as not public.
184.21 Subd. 10. Official records. The board shall make and preserve all records necessary
184.22to a full and accurate knowledge of its official activities in accordance with section 15.17.
184.23EFFECTIVE DATE.This section is effective July 1, 2007.
184.24 Sec. 11. REVISOR'S INSTRUCTION.
184.25 The revisor of statutes shall renumber each section of Minnesota Statutes listed in
184.26column A with the number listed in column B. The revisor shall also make necessary
184.27cross-reference changes consistent with the renumbering.
| 184.28 |
Column A |
Column B |
| 184.29 |
326.46 |
326B.90 |
| 184.30 |
326.461 |
326B.91 |
| 184.31 |
326.47 |
326B.92 |
| 184.32 |
326.48 |
326B.93 |
| 184.33 |
326.50 |
326B.94 |
185.3 Section 1. Minnesota Statutes 2006, section 178.01, is amended to read:
185.4178.01 PURPOSES.
185.5 The purposes of this chapter are: to open to young people regardless of race, sex,
185.6creed, color or national origin, the opportunity to obtain training that will equip them for
185.7profitable employment and citizenship; to establish as a means to this end, a program
185.8of voluntary apprenticeship under approved apprentice agreements providing facilities
185.9for their training and guidance in the arts, skills, and crafts of industry and trade, with
185.10concurrent, supplementary instruction in related subjects; to promote employment
185.11opportunities under conditions providing adequate training and reasonable earnings;
185.12to relate the supply of skilled workers to employment demands; to establish standards
185.13for apprentice training; to establish an Apprenticeship
185.14apprenticeship committees to assist in effectuating the purposes of this chapter; to provide
185.15for a Division of Labor Standards and Apprenticeship within the Department of Labor
185.16and Industry; to provide for reports to the legislature regarding the status of apprentice
185.17training in the state; to establish a procedure for the determination of apprentice agreement
185.18controversies; and to accomplish related ends.
185.19 Sec. 2. Minnesota Statutes 2006, section 178.02, is amended to read:
185.20178.02 APPRENTICESHIP
185.21 Subdivision 1. Members. The commissioner of labor and industry, hereinafter
185.22called the commissioner, shall appoint an Apprenticeship
185.23hereinafter referred to as the
185.24employer and employee organizations, and two representatives of the general public. The
185.25director of education responsible for career and technical education or designee shall be an
185.26ex officio member of the
185.27 Subd. 2. Terms. The
185.28removal of appointed members shall be as provided in section
185.29
185.30 Subd. 4. Duties. The
185.31shall propose occupational classifications for apprenticeship programs; propose minimum
185.32standards for apprenticeship programs and agreements; and advise on the establishment
186.1of such policies, procedures, and rules as the
186.2implementing the intent of this chapter.
186.3 Sec. 3. Minnesota Statutes 2006, section 178.03, subdivision 3, is amended to read:
186.4 Subd. 3. Duties and functions. The director, under the supervision of the
186.5commissioner, and with the advice and consultation of the Apprenticeship
186.6
186.7apprenticeship and other forms of on the job training; to establish, in cooperation and
186.8consultation with the Apprenticeship
186.9committees, conditions and training standards for the approval of apprenticeship programs
186.10and agreements, which conditions and standards shall in no case be lower than those
186.11prescribed by this chapter; to promote equal employment opportunity in apprenticeship
186.12and other on the job training and to establish a Minnesota plan for equal employment
186.13opportunity in apprenticeship which shall be consistent with standards established
186.14under Code of Federal Regulations, title 29, part 30, as amended; to issue certificates of
186.15registration to sponsors of approved apprenticeship programs; to act as secretary of the
186.16Apprenticeship
186.17for the best interest of the apprentice, any apprenticeship agreement which meets the
186.18standards established hereunder; to terminate any apprenticeship agreement in accordance
186.19with the provisions of such agreement; to keep a record of apprenticeship agreements and
186.20their disposition; to issue certificates of completion of apprenticeship; and to perform
186.21such other duties as the commissioner deems necessary to carry out the intent of this
186.22chapter; provided, that the administration and supervision of supplementary instruction in
186.23related subjects for apprentices; coordination of instruction on a concurrent basis with
186.24job experiences, and the selection and training of teachers and coordinators for such
186.25instruction shall be the function of state and local boards responsible for vocational
186.26education. The director shall have the authority to make wage determinations applicable
186.27to the graduated schedule of wages and journeyman wage rate for apprenticeship
186.28agreements, giving consideration to the existing wage rates prevailing throughout the
186.29state, except that no wage determination by the director shall alter an existing wage
186.30provision for apprentices or journeymen that is contained in a bargaining agreement in
186.31effect between an employer and an organization of employees, nor shall the director
186.32make any determination for the beginning rate for an apprentice that is below the wage
186.33minimum established by federal or state law.
186.34 Sec. 4. Minnesota Statutes 2006, section 178.041, subdivision 1, is amended to read:
187.1 Subdivision 1. Rules. The commissioner may, upon receipt of the
187.2proposals, accept, adopt, and issue them by rule with any modifications or amendments
187.3the commissioner finds appropriate. The commissioner may refer them back to the
187.4
187.5the commissioner refuses to accept, adopt, and issue by rule or other appropriate action
187.6a board proposal, the commissioner must provide a written explanation of the reason
187.7for the refusal to the board within 30 days after the board submitted the proposal to the
187.8commissioner. Additional rules may be issued as the commissioner may deem necessary.
187.11 Section 1. Minnesota Statutes 2006, section 31.175, is amended to read:
187.1231.175 WATER, PLUMBING, AND SEWAGE.
187.13 A person who is required by statutes administered by the Department of Agriculture,
187.14or by rules adopted pursuant to those statutes, to provide a suitable water supply, or
187.15plumbing or sewage disposal system, may not engage in the business of manufacturing,
187.16processing, selling, handling, or storing food at wholesale or retail unless the person's
187.17water supply is satisfactory under plumbing codes adopted by the Department of
187.18Labor and Industry and the person's sewage disposal system satisfies the rules of the
187.19Pollution Control Agency.
187.20 Sec. 2. Minnesota Statutes 2006, section 103I.621, subdivision 3, is amended to read:
187.21 Subd. 3. Construction requirements. (a) Withdrawal and reinjection for the
187.22groundwater thermal exchange device must be accomplished by a closed system in which
187.23the waters drawn for thermal exchange do not have contact or commingle with water
187.24from other sources or with polluting material or substances. The closed system must be
187.25constructed to allow an opening for inspection by the commissioner.
187.26 (b) Wells that are part of a groundwater thermal exchange system may not serve
187.27another function, except water may be supplied to the domestic water system if:
187.28 (1) the supply is taken from the thermal exchange system ahead of the heat exchange
187.29unit; and
187.30 (2) the domestic water system is protected by an airgap or backflow prevention
187.31device as described in rules relating to plumbing enforced by the commissioner of labor
187.32and industry.
188.1 (c) A groundwater thermal exchange system may be used for domestic water heating
188.2only if the water heating device is an integral part of the heat exchange unit that is used for
188.3space heating and cooling.
188.4 Sec. 3. Minnesota Statutes 2006, section 144.122, is amended to read:
188.5144.122 LICENSE, PERMIT, AND SURVEY FEES.
188.6 (a) The state commissioner of health, by rule, may prescribe procedures and fees
188.7for filing with the commissioner as prescribed by statute and for the issuance of original
188.8and renewal permits, licenses, registrations, and certifications issued under authority of
188.9the commissioner. The expiration dates of the various licenses, permits, registrations,
188.10and certifications as prescribed by the rules shall be plainly marked thereon. Fees may
188.11include application and examination fees and a penalty fee for renewal applications
188.12submitted after the expiration date of the previously issued permit, license, registration,
188.13and certification. The commissioner may also prescribe, by rule, reduced fees for permits,
188.14licenses, registrations, and certifications when the application therefor is submitted
188.15during the last three months of the permit, license, registration, or certification period.
188.16Fees proposed to be prescribed in the rules shall be first approved by the Department of
188.17Finance. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
188.18in an amount so that the total fees collected by the commissioner will, where practical,
188.19approximate the cost to the commissioner in administering the program. All fees collected
188.20shall be deposited in the state treasury and credited to the state government special revenue
188.21fund unless otherwise specifically appropriated by law for specific purposes.
188.22 (b) The commissioner may charge a fee for voluntary certification of medical
188.23laboratories and environmental laboratories, and for environmental and medical laboratory
188.24services provided by the department, without complying with paragraph (a) or chapter 14.
188.25Fees charged for environment and medical laboratory services provided by the department
188.26must be approximately equal to the costs of providing the services.
188.27 (c) The commissioner may develop a schedule of fees for diagnostic evaluations
188.28conducted at clinics held by the services for children with disabilities program. All
188.29receipts generated by the program are annually appropriated to the commissioner for use
188.30in the maternal and child health program.
188.31 (d) The commissioner shall set license fees for hospitals and nursing homes that are
188.32not boarding care homes at the following levels:
189.7 The commissioner shall set license fees for outpatient surgical centers, boarding care
189.8homes, and supervised living facilities at the following levels:
| 189.9 |
Outpatient surgical centers |
$3,349 |
| 189.10 |
Boarding care homes |
$183 plus $91 per bed |
| 189.11 |
Supervised living facilities |
$183 plus $91 per bed. |
189.13applicants the following fees to cover the cost of any initial certification surveys required
189.14to determine a provider's eligibility to participate in the Medicare or Medicaid program:
189.33 These fees shall be submitted at the time of the application for federal certification
189.34and shall not be refunded. All fees collected after the date that the imposition of fees is not
189.35prohibited by federal law shall be deposited in the state treasury and credited to the state
189.36government special revenue fund.
189.37
189.38
190.16EFFECTIVE DATE.This section is effective July 1, 2007.
190.17 Sec. 4. Minnesota Statutes 2006, section 144.99, subdivision 1, is amended to read:
190.18 Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and
190.19sections
190.20(13), (14), and (15)
190.23all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
190.24registrations, certificates, and permits adopted or issued by the department or under any
190.25other law now in force or later enacted for the preservation of public health may, in
190.26addition to provisions in other statutes, be enforced under this section.
190.27 Sec. 5. Minnesota Statutes 2006, section 175.16, subdivision 1, is amended to read:
190.28 Subdivision 1. Established. The Department of Labor and Industry shall consist
190.29of the following divisions: Division of Workers' Compensation, Division of
190.30
190.31Health, Division of Statistics,
190.32Standards and Apprenticeship, and such other divisions as the commissioner of the
190.33Department of Labor and Industry may deem necessary and establish. Each division of
190.34the department and persons in charge thereof shall be subject to the supervision of the
190.35commissioner of the Department of Labor and Industry and, in addition to such duties
190.36as are or may be imposed on them by statute, shall perform such other duties as may be
191.1assigned to them by the commissioner. Notwithstanding any other law to the contrary,
191.2the commissioner is the administrator and supervisor of all of the department's dispute
191.3resolution functions and personnel and may delegate authority to compensation judges
191.4and others to make determinations under sections
191.5approve settlement of claims under section
191.6 Sec. 6. Minnesota Statutes 2006, section 214.01, subdivision 3, is amended to read:
191.7 Subd. 3. Non-health-related licensing board. "Non-health-related licensing
191.8board" means the Board of Teaching established pursuant to section
191.9of Barber Examiners established pursuant to section
191.10established pursuant to section
191.11Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant
191.12to section
191.13Private Detective and Protective Agent Licensing Board established pursuant to section
191.15Officer Standards and Training Board established pursuant to section
191.16 Sec. 7. Minnesota Statutes 2006, section 214.04, subdivision 1, is amended to read:
191.17 Subdivision 1. Services provided. (a) The
191.18
191.19Board of Teaching; the commissioner of public safety with respect to the Board of Private
191.20Detective and Protective Agent Services; the panel established pursuant to section
191.22commissioner of revenue with respect to the Board of Assessors, shall provide suitable
191.23offices and other space, joint conference and hearing facilities, examination rooms, and
191.24the following administrative support services: purchasing service, accounting service,
191.25advisory personnel services, consulting services relating to evaluation procedures and
191.26techniques, data processing, duplicating, mailing services, automated printing of license
191.27renewals, and such other similar services of a housekeeping nature as are generally
191.28available to other agencies of state government. Investigative services shall be provided
191.29the boards by employees of the Office of Attorney General. The commissioner of health
191.30with respect to the health-related licensing boards shall provide mailing and office supply
191.31services and may provide other facilities and services listed in this subdivision at a
191.32central location upon request of the health-related licensing boards. The commissioner of
191.33commerce with respect to the remaining non-health-related licensing boards shall provide
191.34the above facilities and services at a central location for the remaining non-health-related
192.1licensing boards. The legal and investigative services for the boards shall be provided
192.2by employees of the attorney general assigned to the departments servicing the boards.
192.3Notwithstanding the foregoing, the attorney general shall not be precluded by this section
192.4from assigning other attorneys to service a board if necessary in order to insure competent
192.5and consistent legal representation. Persons providing legal and investigative services
192.6shall to the extent practicable provide the services on a regular basis to the same board
192.7or boards.
192.8 (b) The requirements in paragraph (a) with respect to the panel established in section
192.10 Sec. 8. Minnesota Statutes 2006, section 214.04, subdivision 3, is amended to read:
192.11 Subd. 3. Officers; staff. The executive director of each health-related board and
192.12the executive secretary of each non-health-related board shall be the chief administrative
192.13officer for the board but shall not be a member of the board. The executive director or
192.14executive secretary shall maintain the records of the board, account for all fees received
192.15by it, supervise and direct employees servicing the board, and perform other services as
192.16directed by the board. The executive directors, executive secretaries, and other employees
192.17of the following boards shall be hired by the board, and the executive directors or executive
192.18secretaries shall be in the unclassified civil service, except as provided in this subdivision:
192.19 (1) Dentistry;
192.20 (2) Medical Practice;
192.21 (3) Nursing;
192.22 (4) Pharmacy;
192.23 (5) Accountancy;
192.24 (6) Architecture, Engineering, Land Surveying, Landscape Architecture,
192.25Geoscience, and Interior Design;
192.26 (7) Barber Examiners;
192.27 (8) Cosmetology;
192.28
192.29
192.30
192.31
192.32
192.33
192.34
193.1 The executive directors or executive secretaries serving the boards are hired by those
193.2boards and are in the unclassified civil service, except for part-time executive directors
193.3or executive secretaries, who are not required to be in the unclassified service. Boards
193.4not requiring full-time executive directors or executive secretaries may employ them on
193.5a part-time basis. To the extent practicable, the sharing of part-time executive directors
193.6or executive secretaries by boards being serviced by the same department is encouraged.
193.7Persons providing services to those boards not listed in this subdivision, except executive
193.8directors or executive secretaries of the boards and employees of the attorney general, are
193.9classified civil service employees of the department servicing the board. To the extent
193.10practicable, the commissioner shall ensure that staff services are shared by the boards
193.11being serviced by the department. If necessary, a board may hire part-time, temporary
193.12employees to administer and grade examinations.
193.13 Sec. 9. Minnesota Statutes 2006, section 326.975, subdivision 1, is amended to read:
193.14 Subdivision 1. Generally. (a) In addition to any other fees, each applicant for a
193.15license under sections
193.16The contractor's recovery fund is created in the state treasury and must be administered
193.17by the commissioner in the manner and subject to all the requirements and limitations
193.18provided by section
193.19
193.20
193.21
193.22
| 193.23 |
|||
| 193.24 |
|||
| 193.25 |
|||
| 193.26 |
193.28
193.29 (i) to compensate any aggrieved owner or lessee of residential property located
193.30within this state who obtains a final judgment in any court of competent jurisdiction
193.31against a licensee licensed under section
193.32dishonest practices, conversion of funds, or failure of performance arising directly out
193.33of any transaction when the judgment debtor was licensed and performed any of the
193.34activities enumerated under section
193.35property or on residential property rented by the lessee, or on new residential construction
194.1which was never occupied prior to purchase by the owner, or which was occupied by the
194.2licensee for less than one year prior to purchase by the owner, and which cause of action
194.3arose on or after April 1, 1994; and
194.4 (ii) to reimburse the Department of Commerce for all legal and administrative
194.5expenses, including staffing costs, incurred in administering the fund;
194.6
194.7than $75,000 per licensee; and
194.8
194.9arose before the licensee paid the recovery fund fee set in clause (1), or as provided in
194.10section
194.11 (b) Should the commissioner pay from the contractor's recovery fund any amount
194.12in settlement of a claim or toward satisfaction of a judgment against a licensee, the
194.13license shall be automatically suspended upon the effective date of an order by the court
194.14authorizing payment from the fund. No licensee shall be granted reinstatement until the
194.15licensee has repaid in full, plus interest at the rate of 12 percent a year, twice the amount
194.16paid from the fund on the licensee's account, and has obtained a surety bond issued by an
194.17insurer authorized to transact business in this state in the amount of at least $40,000.
194.18EFFECTIVE DATE.This section is effective July 1, 2007.
194.19 Sec. 10. Minnesota Statutes 2006, section 327.20, subdivision 1, is amended to read:
194.20 Subdivision 1. Rules. No domestic animals or house pets of occupants of
194.21manufactured home parks or recreational camping areas shall be allowed to run at large,
194.22or commit any nuisances within the limits of a manufactured home park or recreational
194.23camping area. Each manufactured home park or recreational camping area licensed under
194.24the provisions of sections
194.25provide for the following, in the manner hereinafter specified:
194.26 (1) A responsible attendant or caretaker shall be in charge of every manufactured
194.27home park or recreational camping area at all times, who shall maintain the park or
194.28area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
194.29manufactured home park containing more than 50 lots, the attendant, caretaker, or other
194.30responsible park employee, shall be readily available at all times in case of emergency.
194.31 (2) All manufactured home parks shall be well drained and be located so that the
194.32drainage of the park area will not endanger any water supply. No wastewater from
194.33manufactured homes or recreational camping vehicles shall be deposited on the surface of
194.34the ground. All sewage and other water carried wastes shall be discharged into a municipal
195.1sewage system whenever available. When a municipal sewage system is not available, a
195.2sewage disposal system acceptable to the state commissioner of health shall be provided.
195.3 (3) No manufactured home shall be located closer than three feet to the side lot lines
195.4of a manufactured home park, if the abutting property is improved property, or closer than
195.5ten feet to a public street or alley. Each individual site shall abut or face on a driveway
195.6or clear unoccupied space of not less than 16 feet in width, which space shall have
195.7unobstructed access to a public highway or alley. There shall be an open space of at least
195.8ten feet between the sides of adjacent manufactured homes including their attachments
195.9and at least three feet between manufactured homes when parked end to end. The space
195.10between manufactured homes may be used for the parking of motor vehicles and other
195.11property, if the vehicle or other property is parked at least ten feet from the nearest
195.12adjacent manufactured home position. The requirements of this paragraph shall not apply
195.13to recreational camping areas and variances may be granted by the state commissioner
195.14of health in manufactured home parks when the variance is applied for in writing and in
195.15the opinion of the commissioner the variance will not endanger the health, safety, and
195.16welfare of manufactured home park occupants.
195.17 (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
195.18manufactured home park or recreational camping area. The source of the water supply
195.19shall first be approved by the state Department of Health.
195.20 (5) All plumbing shall be installed in accordance with the rules of the state
195.21commissioner of
195.22Code.
195.23 (6) In the case of a manufactured home park with less than ten manufactured homes,
195.24a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
195.25the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
195.26The shelter or evacuation plan shall be developed with the assistance and approval of
195.27the municipality where the park is located and shall be posted at conspicuous locations
195.28throughout the park. The park owner shall provide each resident with a copy of the
195.29approved shelter or evacuation plan, as provided by section
195.30Nothing in this paragraph requires the Department of Health to review or approve any
195.31shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
195.32submitted by a park shall not be grounds for action against the park by the Department of
195.33Health if the park has made a good faith effort to develop the plan and obtain municipal
195.34approval.
195.35 (7) A manufactured home park with ten or more manufactured homes, licensed prior
195.36to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
196.1evacuation of park residents to a safe place of shelter within a reasonable distance of the
196.2park for use by park residents in times of severe weather, including tornadoes and high
196.3winds. The shelter or evacuation plan must be approved by the municipality by March 1,
196.41989. The municipality may require the park owner to construct a shelter if it determines
196.5that a safe place of shelter is not available within a reasonable distance from the park. A
196.6copy of the municipal approval and the plan shall be submitted by the park owner to the
196.7Department of Health. The park owner shall provide each resident with a copy of the
196.8approved shelter or evacuation plan, as provided by section
196.9 (8) A manufactured home park with ten or more manufactured homes, receiving
196.10a primary license after March 1, 1988, must provide the type of shelter required by
196.11section
196.12emergency housing in a disaster area declared by the President of the United States or
196.13the governor, an approved evacuation plan may be provided in lieu of a shelter for a
196.14period not exceeding 18 months.
196.15 (9) For the purposes of this subdivision, "park owner" and "resident" have the
196.16meaning given them in section
196.17 Sec. 11. Minnesota Statutes 2006, section 327.205, is amended to read:
196.18327.205 SHELTER CONSTRUCTION STANDARDS.
196.19 The commissioner of
196.20minimum standards for the construction of low cost manufactured home park storm
196.21shelters by March 1, 1988. All shelters constructed after March 1, 1988, shall be
196.22constructed in accordance with these standards.
196.23 Sec. 12. Minnesota Statutes 20064, section 327A.01, subdivision 2, is amended to read:
196.24 Subd. 2. Building standards. "Building standards" means the materials and
196.25installation standards of the State Building Code, adopted by the commissioner of
196.26
196.27the time of the construction or remodeling.
196.28 Sec. 13. Minnesota Statutes 2006, section 363A.40, subdivision 1, is amended to read:
196.29 Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
196.30 (a) "Accessible unit" means an accessible rental housing unit that meets the
196.31
196.32
196.33 (b) "Landlord" has the meaning given it in section
197.1 Sec. 14. Minnesota Statutes 2006, section 462.357, subdivision 6a, is amended to read:
197.2 Subd. 6a. Normal residential surroundings for
197.3disabilities. It is the policy of this state that
197.4should not be excluded by municipal zoning ordinances or other land use regulations from
197.5the benefits of normal residential surroundings. For purposes of subdivisions 6a through
197.69, "person" has the meaning given in section
197.7 Sec. 15. Minnesota Statutes 2006, section 462A.07, subdivision 8, is amended to read:
197.8 Subd. 8. State Building Code. It may assist the commissioner of
197.9labor and industry in the development, implementation and revision of
197.10State Building Code.
197.11 Sec. 16. Minnesota Statutes 2006, section 471.465, is amended to read:
197.12471.465 PERSONS WITH DISABILITIES; BUILDING REGULATIONS;
197.13DEFINITIONS.
197.14 Subdivision 1. Scope. For the purposes of sections
197.15defined in this section have the meanings given them.
197.16 Subd. 2. Buildings and facilities. "Buildings and facilities" means any and all
197.17buildings and facilities and the grounds appurtenant thereto within any city, township or
197.18other governmental subdivision of the state other than all farm dwellings and buildings
197.19and single and two family dwellings. However, on the date on which rules promulgated by
197.20the commissioner of
197.21
197.22mean only those structures which must provide facilities for
197.23disabilities pursuant to said rules.
197.24 Subd. 3.
197.25Persons with disabilities" means and includes people having sight disabilities, hearing
197.26disabilities, disabilities of incoordination, disabilities of aging, and any other disability
197.27that significantly reduces mobility, flexibility, coordination, or perceptiveness.
197.28 Subd. 4. Remodeling. "Remodeling" means deliberate reconstruction of an existing
197.29building or facility in whole or in part in order to bring it up to date to conform with
197.30present uses of the structure and to conform with rules and regulations on the upgrading
197.31of health and safety aspects of structures.
197.32 Subd. 5. Local authority. "Local authority" means the local authority having
197.33jurisdiction over local building construction.
198.1 Sec. 17. Minnesota Statutes 2006, section 471.466, is amended to read:
198.2471.466 ADMINISTRATION AND ENFORCEMENT.
198.3 The duty and power to administer and enforce sections
198.4conferred upon and vested in the commissioner of
198.5the local authority.
198.6 Sec. 18. Minnesota Statutes 2006, section 471.467, is amended to read:
198.7471.467 BUILDING REQUIREMENTS; CONFORMITY.
198.8 Subdivision 1. Date applicable. On the date on which rules promulgated by the
198.9commissioner of
198.10
198.11govern the provision of facilities.
198.12 Subd. 2. No remodeling if solely for
198.13in sections
198.14solely to provide accessibility and usability to
198.15disabilities when remodeling would not otherwise be undertaken.
198.16 Subd. 3. Applies to remodeled part. When any building or facility covered
198.17by sections
198.18portion of the building or facility remodeled shall conform to the requirements of sections
198.20 Sec. 19. Minnesota Statutes 2006, section 471.471, is amended to read:
198.21471.471 ACCESS REVIEW BOARD.
198.22 Subdivision 1. Membership. The Access Review Board consists of:
198.23 (1) a representative of the
198.24of
198.25labor and industry;
198.26 (2) a representative of the state fire marshal's office, appointed by the commissioner
198.27of public safety;
198.28 (3) the commissioner of human rights or the commissioner's designee;
198.29 (4) a representative of the elevator safety section, designated by the commissioner
198.30of labor and industry
198.31 (5) the chair of the Council on Disability or the chair's designee.
198.32The board shall elect a chair from among its members. Terms of members coincide with
198.33the terms of their appointing authorities or, in the case of ex officio members or their
199.1designees, with the terms of the offices by virtue of which they are members of the board.
199.2Compensation of members is governed by section
199.3 Subd. 2. Staff; administrative support. The commissioner of
199.4and industry shall furnish staff, office space, and administrative support to the board. Staff
199.5assigned to the board must be knowledgeable with respect to access codes, site surveys,
199.6plan design, and product use and eligibility.
199.7 Subd. 3. Duties. The board shall consider applications for waivers from the
199.8State Building Code to permit the installation of stairway chair lifts to provide limited
199.9accessibility for
199.10the provision of access by means permitted under the State Building Code is not
199.11architecturally or financially possible. In considering applications, the board shall review
199.12other possible access options. The board may approve an application for installation of a
199.13stairway chair when the board determines that the installation would be appropriate and
199.14no other means of access is possible. In determining whether to approve an application,
199.15the board shall consider:
199.16 (1) the need for limited accessibility when a higher degree of accessibility is not
199.17required by state or federal law or rule;
199.18 (2) the architectural feasibility of providing a greater degree of accessibility than
199.19would be provided by the proposed device or equipment;
199.20 (3) the total cost of the proposed device or equipment over its projected usable life,
199.21including installation, maintenance, and replacement costs;
199.22 (4) the reliability of the proposed device or equipment;
199.23 (5) the applicant's ability to comply with all recognized access and safety standards
199.24for installation and maintenance; and
199.25 (6) whether the proposed device or equipment can be operated and used without
199.26reducing or compromising minimum safety standards.
199.27The board shall consider the applicant's demonstrated inability to afford a greater degree
199.28of accessibility, but may not give greater weight to this factor than to the factors listed
199.29in clauses (1) to (6). The board may not approve an application unless the applicant
199.30guarantees that the device or equipment will be installed and operated in accordance with
199.31nationally recognized standards for such devices or equipment and agrees to obtain any
199.32permits needed from the agency responsible for enforcing those standards.
199.33 Subd. 4. Application process. A person seeking a waiver shall apply to the
199.34
199.35Industry on a form prescribed by the board and pay a $70 fee to the construction code
199.36fund. The division shall review the application to determine whether it appears to be
200.1meritorious, using the standards set out in subdivision 3. The division shall forward
200.2applications it considers meritorious to the board, along with a list and summary of
200.3applications considered not to be meritorious. The board may require the division to
200.4forward to it an application the division has considered not to be meritorious. The board
200.5shall issue a decision on an application within 90 days of its receipt. A board decision
200.6to approve an application must be unanimous. An application that contains false or
200.7misleading information must be rejected.
200.8 Subd. 5. Liability. Board members are immune from liability for personal injury or
200.9death resulting from the use or misuse of a device or equipment installed and operated
200.10under a waiver granted by the board.
200.11EFFECTIVE DATE.This section is effective July 1, 2007.
200.14 Section 1. TRANSFER.
200.15 The commissioner of labor and industry shall transfer $1,627,000 by June 30, 2008,
200.16and $1,515,000 by June 30, 2009, and each year thereafter from the construction code
200.17fund to the general fund. If an annual transfer for this purpose is enacted more than once
200.18in the 2007 session, the annual transfer is effective only once.
200.19 Sec. 2. APPROPRIATION REDUCTIONS.
200.20 (a) The general fund appropriation to the commissioner of labor and industry is
200.21reduced by $2,800,000 in fiscal year 2008 and $2,862,000 in fiscal year 2009 and each
200.22fiscal year thereafter. If an annual appropriation reduction for this purpose is enacted more
200.23than once in the 2007 session, the annual reduction is effective only once.
200.24 (b) The state government special revenue fund appropriation to the commissioner
200.25of labor and industry is reduced by $1,874,000 in fiscal year 2008 and $1,918,000 in
200.26fiscal year 2009 and each fiscal year thereafter. If an annual appropriation reduction
200.27for this purpose is enacted more than once in the 2007 session, the annual reduction is
200.28effective only once.
200.29 Sec. 3. REPEALER.
200.30(a) Minnesota Statutes 2006, sections 16B.665; 183.001; 183.02; 183.375,
200.31subdivisions 1, 2, 3, 4, and 6; 183.41, subdivisions 1, 2, 3, and 4; 183.44, subdivisions
200.321, 2, and 3; 183.52; 183.54, subdivision 2; 183.61, subdivisions 1, 3, 5, and 6; 326.01,
201.1subdivisions 4, 6h, 10, 11, and 12; 326.242, subdivisions 4, 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g,
201.29h, 9i, 9j, 9k, and 10; 326.244, subdivision 6; 326.246; 326.2461; 326.40, subdivision 4;
201.3326.41; 326.45; 326.47, subdivision 5; 326.51; 326.521; 326.83, subdivisions 3, 4, 12,
201.4and 13; 326.85; 326.875; 326.91, subdivisions 2, 3, and 4; 326.945; 326.975; 326.98; and
201.5327B.05, subdivisions 2, 3, 4, 5, and 6, are repealed.
201.6(b) Minnesota Statutes 2006, sections 16B.747, subdivision 4; 183.375, subdivision
201.75; 183.545, subdivision 9; 326.01, subdivision 13; 326.44; 326.52; and 326.64, are
201.8repealed.
201.9(c) Minnesota Rules, parts 2809.0230; 2891.0010; 2891.0030; 3800.2650;
201.103800.3580; 3800.3590; 3800.3630; 3800.3750; 3800.3835; 4715.5600; 4715.5900;
201.114717.7000, subpart 1, item I; 5225.0880; 5225.8600, subparts 1, 2, 3, 4, 5, 6, 7, 8, and
201.129; 5230.0010; 5230.0020; 5230.0040; 5230.0060, subpart 2; and 5230.0100, subparts
201.131, 3, and 4, are repealed.
201.14EFFECTIVE DATE.Paragraphs (a) and (c) are effective December 1, 2007.
201.15Paragraph (b) is effective July 1, 2007.
201.16 Sec. 4. EFFECTIVE DATE.
201.17 This act is effective December 1, 2007, except when another date is specified. The
201.18revisor's instructions contained in this act shall be implemented for the 2008 edition of
201.19Minnesota Statutes.