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HF 1370

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to occupations; requiring plumbers to be
licensed; establishing inspection requirements for new
plumbing installations; allowing the commissioner to
charge fees to hire staff; licensing restricted
plumbing contractors; requiring rulemaking; amending
Minnesota Statutes 2004, sections 144.122; 326.01, by
adding a subdivision; 326.37, subdivision 1, by adding
a subdivision; 326.38; 326.40, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapter 326; repealing Minnesota Statutes 2004,
section 326.45.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 144.122, is
amended to read:


144.122 LICENSE, PERMIT, AND SURVEY FEES.

(a) The state commissioner of health, by rule, may
prescribe reasonable procedures and fees for filing with the
commissioner as prescribed by statute and for the issuance of
original and renewal permits, licenses, registrations, and
certifications issued under authority of the commissioner. The
expiration dates of the various licenses, permits,
registrations, and certifications as prescribed by the rules
shall be plainly marked thereon. Fees may include application
and examination fees and a penalty fee for renewal applications
submitted after the expiration date of the previously issued
permit, license, registration, and certification. The
commissioner may also prescribe, by rule, reduced fees for
permits, licenses, registrations, and certifications when the
application therefor is submitted during the last three months
of the permit, license, registration, or certification period.
Fees proposed to be prescribed in the rules shall be first
approved by the Department of Finance. All fees proposed to be
prescribed in rules shall be reasonable. The fees shall be in
an amount so that the total fees collected by the commissioner
will, where practical, approximate the cost to the commissioner
in administering the program. All fees collected shall be
deposited in the state treasury and credited to the state
government special revenue fund unless otherwise specifically
appropriated by law for specific purposes.

(b) new text begin The commissioner shall adopt reasonable rules
establishing criteria and procedures for refusal to grant or
renew licenses and registrations, and for suspension and
revocation of licenses and registrations.
new text end

new text begin (c) The commissioner may refuse to grant or renew licenses
and registrations, or suspend or revoke licenses and
registrations, in accordance with the commissioner's criteria
and procedures as adopted by rule.
new text end

new text begin (d) new text end The commissioner may charge a fee for voluntary
certification of medical laboratories and environmental
laboratories, and for environmental and medical laboratory
services provided by the department, without complying with
paragraph (a) or chapter 14. Fees charged for environment and
medical laboratory services provided by the department must be
approximately equal to the costs of providing the services.

deleted text begin (c) deleted text end new text begin (e) new text end The commissioner may develop a schedule of fees for
diagnostic evaluations conducted at clinics held by the services
for children with handicaps program. All receipts generated by
the program are annually appropriated to the commissioner for
use in the maternal and child health program.

deleted text begin (d) deleted text end new text begin (f) new text end The commissioner shall set license fees for
hospitals and nursing homes that are not boarding care homes at
the following levels:

Joint Commission on Accreditation of Healthcare

Organizations (JCAHO hospitals) $7,055

Non-JCAHO hospitals $4,680 plus $234 per bed

Nursing home $183 plus $91 per bed

The commissioner shall set license fees for outpatient
surgical centers, boarding care homes, and supervised living
facilities at the following levels:

Outpatient surgical centers $1,512

Boarding care homes $183 plus $91 per bed

Supervised living facilities $183 plus $91 per bed.

deleted text begin (e) deleted text end new text begin (g) new text end Unless prohibited by federal law, the commissioner
of health shall charge applicants the following fees to cover
the cost of any initial certification surveys required to
determine a provider's eligibility to participate in the
Medicare or Medicaid program:

Prospective payment surveys for $ 900
hospitals
Swing bed surveys for nursing homes $1,200
Psychiatric hospitals $1,400
Rural health facilities $1,100
Portable x-ray providers $ 500
Home health agencies $1,800
Outpatient therapy agencies $ 800
End stage renal dialysis providers $2,100
Independent therapists $ 800
Comprehensive rehabilitation $1,200
outpatient facilities
Hospice providers $1,700
Ambulatory surgical providers $1,800
Hospitals $4,200
Other provider categories or Actual surveyor costs:
additional resurveys required average surveyor cost x
to complete initial certification number of hours for the
survey process.

These fees shall be submitted at the time of the
application for federal certification and shall not be
refunded. All fees collected after the date that the imposition
of fees is not prohibited by federal law shall be deposited in
the state treasury and credited to the state government special
revenue fund.

new text begin (h) The commissioner shall charge the following fees for
examinations, registrations, licenses, plan reviews, and
inspections:
new text end

new text begin Plumbing examination new text end new text begin $ new text end new text begin 50
Water conditioning examination
new text end new text begin $ new text end new text begin 50
Plumbing bond registration fee
new text end new text begin $ new text end new text begin 40
Water conditioning bond registration fee
new text end new text begin $ new text end new text begin 40
Master plumber's license
new text end new text begin $120
Restricted plumbing contractor license
new text end new text begin $ new text end new text begin 90
Journeyman plumber's license
new text end new text begin $ new text end new text begin 55
Apprentice registration
new text end new text begin $ new text end new text begin 25
Water conditioning contractor license
new text end new text begin $ new text end new text begin 70
Water conditioning installer license
new text end new text begin $ new text end new text begin 35
Residential inspection fee (each visit)
new text end new text begin $ new text end new text begin 50
Public, commercial, and
new text end new text begin Plan review fee new text end new text begin Inspection fee
industrial inspections
25 or fewer drainage
fixture units
new text end new text begin $ new text end new text begin 50 new text end new text begin $ new text end new text begin 300
26 to 50 drainage
fixture units
new text end new text begin $150 new text end new text begin $ new text end new text begin 900
51 to 150 drainage
fixture units
new text end new text begin $200 new text end new text begin $1,200
151 to 249 drainage
fixture units
new text end new text begin $250 new text end new text begin $1,500
250 or more drainage
fixture units
new text end new text begin $300 new text end new text begin $1,800
Callback fee (each visit)
new text end new text begin $ new text end new text begin 100
new text end

new text begin (i) Plumbing installations that require only fixture
installation or replacement require a minimum of one
inspection. Residence remodeling involving plumbing
installations requires a minimum of two inspections. New
residential plumbing installations require a minimum of three
inspections. For purposes of this paragraph and paragraph (h),
residences of more than four units are considered commercial.
new text end

Sec. 2.

Minnesota Statutes 2004, section 326.01, is
amended by adding a subdivision to read:


new text begin Subd. 9a. new text end

new text begin Restricted plumbing contractor. new text end

new text begin A "restricted
plumbing contractor" is any person skilled in the planning,
superintending, and practical installation of plumbing who is
otherwise lawfully qualified to contract for plumbing and
installations and to conduct the business of plumbing, who is
familiar with the laws and rules governing the business of
plumbing, and who performs the plumbing trade in cities and
towns with a population of fewer than 5,000 according to federal
census.
new text end

Sec. 3.

Minnesota Statutes 2004, section 326.37,
subdivision 1, is amended to read:


Subdivision 1.

Rules.

The state commissioner of
health deleted text begin may deleted text end new text begin shallnew text end , by rule, prescribe minimum new text begin uniform new text end standards
deleted text begin which shall be uniform, and which standards shall thereafter be
deleted text end effective for all new plumbing installations, including
additions, extensions, alterations, and replacements deleted text begin connected
with any water or sewage disposal system owned or operated by or
for any municipality, institution, factory, office building,
hotel, apartment building, or any other place of business
regardless of location or the population of the city or town in
which located
deleted text end . Notwithstanding the provisions of Minnesota
Rules, part 4715.3130, as they apply to review of plans and
specifications, the commissioner may allow plumbing
construction, alteration, or extension to proceed without
approval of the plans or specifications by the commissioner.

The commissioner shall administer the provisions of
sections 326.37 to deleted text begin 326.45 deleted text end new text begin 326.451 new text end and for such purposes may
employ plumbing inspectors and other assistants.

Sec. 4.

Minnesota Statutes 2004, section 326.37, is
amended by adding a subdivision to read:


new text begin Subd. 1a. new text end

new text begin Inspection. new text end

new text begin All new plumbing installations,
including additions, extensions, alterations, and replacements,
shall be inspected by the commissioner for compliance with
accepted standards of construction for health, safety to life
and property, and compliance with applicable codes. The
Department of Health must have full implementation of its
inspections plan in place and operational July 1, 2007. This
subdivision does not apply where a political subdivision
requires, by ordinance, plumbing inspections similar to the
requirements of this subdivision.
new text end

Sec. 5.

Minnesota Statutes 2004, section 326.38, is
amended to read:


326.38 LOCAL REGULATIONS.

Any city having a system of waterworks or sewerage, or any
town in which reside over 5,000 people exclusive of any
statutory cities located therein, or the metropolitan airports
commission, may, by ordinance, adopt local regulations providing
for plumbing permits, bonds, approval of plans, and inspections
of plumbing, which regulations are not in conflict with the
plumbing standards on the same subject prescribed by the state
commissioner of health. No city or such town shall prohibit
plumbers licensed by the state commissioner of health from
engaging in or working at the business, except cities and
statutory cities which, prior to April 21, 1933, by ordinance
required the licensing of plumbers. new text begin No city or such town may
require a license for persons performing building sewer or water
service installation who have completed pipe laying training as
prescribed by the commissioner of health.
new text end Any city by ordinance
may prescribe regulations, reasonable standards, and inspections
and grant permits to any person, firm, or corporation engaged in
the business of installing water softeners, who is not licensed
as a master plumber or journeyman plumber by the state
commissioner of health, to connect water softening and water
filtering equipment to private residence water distribution
systems, where provision has been previously made therefor and
openings left for that purpose or by use of cold water
connections to a domestic water heater; where it is not
necessary to rearrange, make any extension or alteration of, or
addition to any pipe, fixture or plumbing connected with the
water system except to connect the water softener, and provided
the connections so made comply with minimum standards prescribed
by the state commissioner of health.

Sec. 6.

Minnesota Statutes 2004, section 326.40,
subdivision 1, is amended to read:


Subdivision 1.

deleted text begin plumbers must be licensed in certain
cities; master and journeyman plumbers
deleted text end new text begin master, journeyman, and
restricted plumbing contractors
new text end ; plumbing on one's own premises;
rules for examination.

deleted text begin In any city now or hereafter having
5,000 or more population, according to the last federal census,
and having a system of waterworks or sewerage, no person, firm,
or corporation shall engage in or work at the business of a
master plumber or journeyman plumber unless licensed to do so by
the state commissioner of health.
deleted text end new text begin No person, firm, or
corporation may engage in or work at the business of a master
plumber, restricted plumbing contractor, or journeyman plumber
unless licensed to do so by the commissioner of health under
sections 326.37 to 326.451. A license is not required for:
new text end

new text begin (1) persons performing building sewer or water service
installation who have completed pipe laying training as
prescribed by the commissioner of health; or
new text end

new text begin (2) persons selling an appliance plumbing installation
service at point of sale if the installation work is performed
by a plumber licensed under sections 326.37 to 326.451.
new text end

A master plumber may also work as a journeyman plumber.
Anyone not so licensed may do plumbing work which complies with
the provisions of the minimum standard prescribed by the state
commissioner of health on premises or that part of premises
owned and actually occupied by the worker as a residence, unless
otherwise forbidden to do so by a local ordinance.

deleted text begin In any such city deleted text end No person, firm, or corporation shall
engage in the business of installing plumbing nor install
plumbing in connection with the dealing in and selling of
plumbing material and supplies unless at all times a licensed
master plumber new text begin or restricted plumbing contractornew text end , who shall be
responsible for proper installation, is in charge of the
plumbing work of the person, firm, or corporation.

The Department of Health shall prescribe rules, not
inconsistent herewith, for the examination and licensing of
plumbers.

Sec. 7.

new text begin [326.402] RESTRICTED PLUMBING CONTRACTOR
LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin The commissioner shall grant a
restricted plumbing contractor license to any person who applies
to the commissioner and provides evidence of having at least two
years of practical plumbing experience in the plumbing trade
preceding application for licensure.
new text end

new text begin Subd. 2. new text end

new text begin Use of license. new text end

new text begin A restricted plumbing
contractor may engage in the plumbing trade only in cities and
towns with a population of fewer than 5,000 according to federal
census.
new text end

new text begin Subd. 3. new text end

new text begin Application period. new text end

new text begin Applications for restricted
plumbing contractor licenses must be submitted to the
commissioner prior to January 1, 2006.
new text end

new text begin Subd. 4. new text end

new text begin Use period for restricted plumbing contractor
license.
new text end

new text begin A restricted plumbing contractor license does not
expire and remains in effect for as long as that person engages
in the plumbing trade.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition of transference. new text end

new text begin A restricted
plumbing contractor license must not be transferred or sold to
any other person.
new text end

new text begin Subd. 6. new text end

new text begin Restricted plumbing contractor license renewal.
new text end

new text begin The commissioner shall adopt rules for renewal of the restricted
plumbing contractor license.
new text end

Sec. 8.

new text begin [326.451] INSPECTORS.
new text end

new text begin (a) The commissioner shall set all reasonable criteria and
procedures by rule for inspector certification, certification
period, examinations, examination fees, certification fees, and
renewal of certifications.
new text end

new text begin (b) The commissioner shall adopt reasonable rules
establishing criteria and procedures for refusal to grant or
renew inspector certifications, and for suspension and
revocation of inspector certifications.
new text end

new text begin (c) The commissioner shall refuse to renew or grant
inspector certifications, or suspend or revoke inspector
certifications, in accordance with the commissioner's criteria
and procedures as adopted by rule.
new text end

Sec. 9. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to
Minnesota Statutes, section 326.45, to Minnesota Statutes,
section 326.451, in Minnesota Statutes, sections 144.99, 326.44,
326.61, and 326.65.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 326.45, is repealed.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 and 10 are effective July 1, 2005.
new text end