HF 2485

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

A bill for an act
relating to the building code; enhancing fee revenue;
providing for the certification of private building
inspectors; providing the method for inspection of
certain residential buildings; permitting exemption
from certain boiler inspection requirements; amending
Minnesota Statutes 2004, section 183.57; proposing
coding for new law in Minnesota Statutes, chapter 16B.

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

Section 1.

new text begin [16B.651] CERTIFIED INSPECTORS OF CERTAIN
RESIDENTIAL BUILDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Payment of private inspectors; credit. new text end

new text begin An
owner or contractor who elects to have an inspection performed
by a private inspector under subdivision 3 must pay for the
inspection. Sixty percent of the amount paid must be credited
to future building permit fees incurred in the same municipality
within 24 months if the owner or contractor submits copies of
signed inspection receipts at the time of the building permit
application.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to building
inspections of single-family residential buildings intended for
occupancy by one family. This section does not apply to rental
code inspections, mechanical inspections, or electrical
inspections. Final inspection and issuance of a certificate of
occupancy is the responsibility of the regulatory unit of
government that issued the building permit.
new text end

new text begin Subd. 3. new text end

new text begin Private inspection authorized. new text end

new text begin An owner or
contractor may have any required inspection performed by an
inspector certified under subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Certification. new text end

new text begin The commissioner may certify
inspectors who are qualified to perform inspections under this
section. The commissioner may require a certified inspector to
post a bond in an amount determined by the commissioner. A
municipality may not restrict an owner's ability to choose among
certified inspectors, except that an inspector may not inspect a
property if the inspector or an affiliate of the inspector was
involved in planning, design, or construction of the project.
For purposes of this section, an "affiliate" is a person
directly or indirectly controlling, controlled by, or under
common control with another person.
new text end

new text begin Subd. 5. new text end

new text begin Record filed with municipality. new text end

new text begin If a required
inspection is performed by a private inspector, the owner or
contractor must retain a copy of the signed inspection record at
the construction site for the duration of the project and file a
record of the inspection with the municipality within ten days
of the inspection. The municipality must not perform a final
building inspection until the private inspection report is filed.
new text end

Sec. 2.

Minnesota Statutes 2004, section 183.57, is
amended to read:

183.57 REPORT OF INSURER new text begin OR AUTHORIZED INSPECTION AGENCY new text end ;
EXEMPTION FROM INSPECTION.

Subdivision 1.

Report required.

Any insurance company new text begin or
authorized inspection agency new text end insuring new text begin or inspecting new text end boilers and
pressure vessels in this state shall make a written report
thereof showing the date of inspection, the name of the person
making the inspection, the condition of the boiler or pressure
vessel as disclosed by the inspection, whether the same is
operated by a properly licensed engineer, and whether a policy
of insurance new text begin or notice of inspection new text end has been issued by the
company with reference to the boiler or pressure vessel. Within
15 days after the inspection, the insurance company new text begin or
authorized inspection agency new text end shall mail a copy of the report to
the chief boiler inspector and a copy of the report to the
person, firm, or corporation owning or operating the boiler or
pressure vessel inspected. Such report shall be made annually
for boilers and biennially for pressure vessels.

Subd. 2.

Exemption.

Every boiler or pressure vessel as
to which any insurance company new text begin or authorized inspection agency
new text end authorized to do business in this state has issued a policy of
insurance new text begin or notice of inspection new text end , after the inspection thereof,
is exempt from inspection made under sections 183.375 to 183.62,
while the same continues to be insured new text begin or inspected new text end and the
person, firm, or corporation owning or operating the same has an
unexpired certificate of exemption from inspection, issued by
the chief boiler inspector. The fee set by the commissioner
pursuant to section 16A.1285, on the first object inspected and
on each object thereafter shall apply to each exempt object. A
certificate of exemption expires one year from date of issue.
The certificate of exemption shall be posted in a conspicuous
place near the boiler or pressure vessel or in the plant office
or boiler room described therein and to which it relates. Every
insurance company new text begin or authorized inspection agency new text end shall give
written notice to the chief boiler inspector of the cancellation
or expiration of every policy of insurance new text begin or notice of
inspection new text end issued by it with reference to policies new text begin or
inspections new text end in this state, and the cause or reason for the
cancellation or expiration. These notices of cancellation or
expiration shall show the date of the policy new text begin or last inspection
new text end and the date when the cancellation has or will become effective.

Subd. 4.

Certificate of exemption.

The Division of
Boiler Inspection may issue a billing and exemption certificate
for each boiler and pressure vessel which the division records
indicate shall be or has been inspected by an insurance company
new text begin or authorized inspection agency new text end which is providing coverage new text begin or
inspections new text end for the boilers and pressure vessels. The division
may determine the monthly schedule of the billings to be
followed for each business insured.

new text begin Subd. 5. new text end

new text begin Definition. new text end

new text begin "Authorized inspection agency"
means an agency accredited as an authorized inspection agency by
the National Board of Boiler and Pressure Vessel Inspectors.
new text end