HF 3244

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

  1.1                          A bill for an act 
  1.2             relating to drinking water; providing for the 
  1.3             statewide licensing and regulation of water 
  1.4             conditioning contractors and installers; requiring 
  1.5             water conditioning contractors to undertake continuing 
  1.6             education and training; requiring the registration of 
  1.7             certain water conditioning units claiming to remove 
  1.8             primary contaminants from drinking water; amending 
  1.9             Minnesota Statutes 1996, sections 326.38; 326.45; 
  1.10            326.57; 326.58; 326.59; 326.60, subdivisions 1, 3, and 
  1.11            by adding a subdivision; 326.601; 326.61, subdivisions 
  1.12            1, 2, 3, and by adding a subdivision; 326.64; and 
  1.13            326.65; proposing coding for new law in Minnesota 
  1.14            Statutes, chapter 326. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 326.38, is 
  1.17  amended to read: 
  1.18     326.38 [LOCAL REGULATIONS.] 
  1.19     Any city having a system of waterworks or sewerage, or any 
  1.20  town in which reside over 5,000 people exclusive of any 
  1.21  statutory cities located therein, may, by ordinance, adopt local 
  1.22  regulations providing for plumbing permits, bonds, approval of 
  1.23  plans, and inspections of plumbing, which regulations are not in 
  1.24  conflict with the plumbing standards on the same subject 
  1.25  prescribed by the state commissioner of health.  No city or such 
  1.26  town shall prohibit plumbers licensed by the state commissioner 
  1.27  of health from engaging in or working at the business, except 
  1.28  cities and statutory cities which, prior to April 21, 1933, by 
  1.29  ordinance required the licensing of plumbers.  Any city by 
  1.30  ordinance may prescribe regulations, reasonable standards, and 
  2.1   inspections and grant permits to any person, firm, or 
  2.2   corporation engaged in the business of installing water 
  2.3   softeners, who is not licensed as a master plumber or journeyman 
  2.4   plumber by the state commissioner of health, to connect water 
  2.5   softening and water filtering equipment to private residence 
  2.6   water distribution systems, where provision has been previously 
  2.7   made therefor and openings left for that purpose or by use of 
  2.8   cold water connections to a domestic water heater; where it is 
  2.9   not necessary to rearrange, make any extension or alteration of, 
  2.10  or addition to any pipe, fixture or plumbing connected with the 
  2.11  water system except to connect the water softener, and provided 
  2.12  the connections so made comply with minimum standards prescribed 
  2.13  by the state commissioner of health. 
  2.14     Local regulations providing for water conditioning 
  2.15  installation permits, approval of plans, and inspections of 
  2.16  water conditioning installations and servicing are governed by 
  2.17  sections 326.57 to 326.67. 
  2.18     Sec. 2.  Minnesota Statutes 1996, section 326.45, is 
  2.19  amended to read: 
  2.20     326.45 [STATE LICENSE; EXAMINATION; APPLICATION.] 
  2.21     The provisions of sections 326.37 to 326.45 which require 
  2.22  state licenses to engage in the work or business of plumbing, 
  2.23  and the provisions which provide for the examination of 
  2.24  applicants for such licenses, shall only apply in cities having 
  2.25  a population of 5,000 or more, except for licenses to engage in 
  2.26  or work at the business of water conditioning installations or 
  2.27  servicing pursuant to sections 326.57 to 326.67.  
  2.28     Sec. 3.  Minnesota Statutes 1996, section 326.57, is 
  2.29  amended to read: 
  2.30     326.57 [WATER CONDITIONING CONTRACTORS AND INSTALLERS; 
  2.31  SUPERVISION BY COMMISSIONER OF HEALTH.] 
  2.32     Subdivision 1.  [POLICY.] The legislature declares that in 
  2.33  order to safeguard the quality of drinking water throughout 
  2.34  Minnesota and to ensure effective protection of the public 
  2.35  health, it is necessary to provide for the statewide regulation 
  2.36  of the installation and servicing of water conditioning units, 
  3.1   for the licensing of persons involved in the installation and 
  3.2   servicing of such units, and for the registration of certain 
  3.3   water conditioning units before being sold or offered for sale 
  3.4   in Minnesota. 
  3.5      Subd. 1a.  [AUTHORITY TO PROMULGATE RULES.] The state 
  3.6   commissioner of health shall, by rule, prescribe minimum 
  3.7   standards which shall be uniform, and which standards shall 
  3.8   thereafter be effective for all new water conditioning servicing 
  3.9   and water conditioning installations, including additions, 
  3.10  extensions, alterations, repairs, and replacements connected 
  3.11  with any water or sewage disposal system owned or operated by or 
  3.12  for any municipality, institution, factory, office building, 
  3.13  hotel, single or multiple family residence, apartment building 
  3.14  or any other place of business or residence, regardless of 
  3.15  location or the population of the city, county or town in which 
  3.16  located.  Such rules, upon approval of the attorney general and 
  3.17  their legal publication, shall have the force of law, and the 
  3.18  violation of any part thereof shall constitute a misdemeanor and 
  3.19  may be enjoined by the attorney general. 
  3.20     Subd. 2.  [ADMINISTRATION.] The commissioner shall 
  3.21  administer the provisions of sections 326.57 to 326.65 326.67 
  3.22  and for such purposes may employ water conditioning inspectors 
  3.23  and other assistants. 
  3.24     Sec. 4.  Minnesota Statutes 1996, section 326.58, is 
  3.25  amended to read: 
  3.26     326.58 [LOCAL REGULATIONS.] 
  3.27     Any home rule charter or statutory city or town with a 
  3.28  population of 5,000 or more persons may, by ordinance, adopt 
  3.29  local regulations providing for water conditioning installation 
  3.30  permits, bonds, approval of plans, and inspections of water 
  3.31  conditioning installations and servicing, which regulations 
  3.32  shall not be in conflict with the water conditioning standards 
  3.33  on the same subject prescribed by the state commissioner of 
  3.34  health.  No such city or town shall prohibit water conditioning 
  3.35  contractors or installers licensed by the state commissioner of 
  3.36  health from engaging in or working at the business. 
  4.1      Sec. 5.  Minnesota Statutes 1996, section 326.59, is 
  4.2   amended to read: 
  4.3      326.59 [VIOLATIONS TO BE REPORTED TO STATE COMMISSIONER OF 
  4.4   HEALTH.] 
  4.5      Such A local authority as may be designated by any such a 
  4.6   local ordinance for the issuance of such water conditioning 
  4.7   installation and servicing permits and approval of such plans 
  4.8   shall report to the state commissioner of health persistent or 
  4.9   willful violations of the same ordinance and any persistent 
  4.10  incompetence of a licensed water conditioning contractor or 
  4.11  licensed water conditioning installer observed by the local 
  4.12  authority. 
  4.13     Sec. 6.  Minnesota Statutes 1996, section 326.60, 
  4.14  subdivision 1, is amended to read: 
  4.15     Subdivision 1.  [LICENSING IN CERTAIN CITIES.] In any city 
  4.16  or town now or hereafter having a population of 5,000 or more 
  4.17  according to the last federal census In order to safeguard the 
  4.18  quality of drinking water and to ensure effective protection of 
  4.19  public health, no person, firm, or corporation shall engage in 
  4.20  or work at the business of water conditioning installation or 
  4.21  servicing after January 1, 1970 2000, unless (a) at all times a 
  4.22  person licensed as a water conditioning contractor by the state 
  4.23  commissioner of health shall be is responsible for the proper 
  4.24  water conditioning installation and servicing work of such 
  4.25  person, firm, or corporation, and (b) all installations, other 
  4.26  than exchanges of portable equipment, are actually made by a 
  4.27  licensed water conditioning contractor or a licensed water 
  4.28  conditioning installer working under the supervision of a water 
  4.29  conditioning contractor who is responsible for the proper 
  4.30  installation or servicing work performed by the installer.  
  4.31  Anyone not so licensed may do water conditioning work which 
  4.32  complies with the provisions of the minimum standard prescribed 
  4.33  by the state commissioner of health on premises or that part of 
  4.34  premises owned and actually occupied by the worker as a 
  4.35  residence, unless otherwise forbidden to do so by a local 
  4.36  ordinance. 
  5.1      Sec. 7.  Minnesota Statutes 1996, section 326.60, 
  5.2   subdivision 3, is amended to read: 
  5.3      Subd. 3.  [RULES.] In order to safeguard the quality of 
  5.4   drinking water and to assure effective protection of the public 
  5.5   health, the state commissioner of health shall: 
  5.6      (a) prescribe rules, not inconsistent herewith, for the 
  5.7   licensing of water conditioning contractors and installers; 
  5.8      (b) license water conditioning contractors and installers; 
  5.9      (c) prescribe rules not inconsistent herewith for the 
  5.10  examining of water conditioning contractors and installers prior 
  5.11  to first granting a license as a water conditioning contractor 
  5.12  or water conditioning installer; and 
  5.13     (d) prescribe rules not inconsistent herewith for the 
  5.14  continuing education and training of licensed water conditioning 
  5.15  contractors in order to ensure that all licensed contractors 
  5.16  maintain the requisite knowledge of water chemistry, plumbing, 
  5.17  and service repair skills necessary to safeguard the quality of 
  5.18  drinking water and to protect the public health.  The rules 
  5.19  shall provide for an annual fee adequate to establish and 
  5.20  monitor the continuing education and training program and to 
  5.21  assure the appropriate level of competence of all licensed water 
  5.22  conditioning contractors; and 
  5.23     (e) collect an examination fee from each examinee for a 
  5.24  license as a water conditioning contractor and a fee from each 
  5.25  examinee for a license as a water conditioning installer in an 
  5.26  amount prescribed by the state commissioner of health pursuant 
  5.27  to section 144.122.  A water conditioning installer must 
  5.28  successfully pass the examination for water conditioning 
  5.29  contractors before being licensed as a water conditioning 
  5.30  contractor. 
  5.31     Sec. 8.  Minnesota Statutes 1996, section 326.60, is 
  5.32  amended by adding a subdivision to read: 
  5.33     Subd. 4.  [REGISTRATION OF WATER CONDITIONING UNITS.] The 
  5.34  commissioner of health shall work with the water conditioning 
  5.35  advisory council to adopt rules for the registration of all 
  5.36  primary contaminant water conditioning units that are sold or 
  6.1   offered for sale in Minnesota.  Registration must occur before 
  6.2   the units are sold or offered for sale in the state beginning 
  6.3   January 1, 2000.  The registration shall include providing to 
  6.4   the commissioner in an approved format information as to (1) the 
  6.5   technology used in the unit; (2) any and all claims made 
  6.6   regarding the unit's treatment capacity, including performance, 
  6.7   operating conditions and limitations, and regular service 
  6.8   requirements; (3) warnings regarding any conditions that will 
  6.9   cause a deterioration in the unit's treatment capacity; and (4) 
  6.10  identification of any registration, certification, or approval 
  6.11  from any independent agencies or laboratories.  A list of all 
  6.12  registrations, including copies of individual registration 
  6.13  forms, shall be made available to the public at no charge.  The 
  6.14  registration form, as submitted to the commissioner, shall be 
  6.15  included with each unit offered for sale in the state.  The 
  6.16  rules shall establish a fee to be charged registrants 
  6.17  commensurate with the cost of administering the registration 
  6.18  program and shall set reasonable limitations on the appropriate 
  6.19  use of the state registration in any advertising of the unit 
  6.20  within the state. 
  6.21     Sec. 9.  Minnesota Statutes 1996, section 326.601, is 
  6.22  amended to read: 
  6.23     326.601 [ALTERNATIVE STATE BONDING AND INSURANCE 
  6.24  REGULATION.] 
  6.25     Subdivision 1.  [BONDS.] An applicant for a water 
  6.26  conditioning contractor or installer license or renewal thereof 
  6.27  who is required by any political subdivision to give a bond to 
  6.28  obtain or maintain the license, may comply with any political 
  6.29  subdivision bonding requirement by giving a bond to the state in 
  6.30  the total penal sum of $3,000 Before obtaining a water 
  6.31  conditioning contractor's license or renewal, the applicant 
  6.32  shall give a code compliance bond to the state in the total 
  6.33  penal sum of $15,000 conditioned upon the faithful and lawful 
  6.34  performance of all water conditioning contracting or installing 
  6.35  work done within the state being in compliance with all 
  6.36  applicable codes.  The bond shall be for the benefit of persons 
  7.1   suffering injuries or damages due to the work.  The bond shall 
  7.2   be filed with the commissioner of health and shall be written by 
  7.3   a corporate surety licensed to do business in this state.  No 
  7.4   applicant for a water conditioning contractor or 
  7.5   installer contractor's license or renewal who maintains the bond 
  7.6   under this subdivision shall be otherwise required to meet the 
  7.7   bond requirements of give a bond to any political subdivision in 
  7.8   Minnesota. 
  7.9      Subd. 2.  [INSURANCE.] Each applicant for a water 
  7.10  conditioning contractor or installer license or renewal thereof 
  7.11  may, in lieu of all other insurance requirements of any 
  7.12  political subdivision for said licensing purposes, maintain the 
  7.13  insurance Before obtaining a water conditioning contractor's 
  7.14  license or renewal, the applicant shall provide adequate proof 
  7.15  of the insurance coverage specified by this subdivision.  The 
  7.16  insurance shall provide coverage, including products liability 
  7.17  coverage, for all damages in connection with licensed work for 
  7.18  which the licensee is liable, with personal damage limits of at 
  7.19  least $50,000 $250,000 per person and $100,000 $500,000 per 
  7.20  occurrence and property damage insurance with limits of at 
  7.21  least $10,000 $100,000.  The insurance shall be written by an 
  7.22  insurer licensed to do business in this state and each licensed 
  7.23  water conditioning contractor or installer shall maintain on 
  7.24  file with the commissioner of health a certificate evidencing 
  7.25  the insurance.  The insurance shall not be canceled without the 
  7.26  insurer first giving 15 days written notice to the 
  7.27  commissioner.  A political subdivision may require a licensed 
  7.28  water conditioning contractor to maintain on file with the 
  7.29  political subdivision a certificate evidencing the insurance 
  7.30  required in this subdivision as a condition of the licensee 
  7.31  doing business in the political subdivision. 
  7.32     Subd. 3.  [BOND AND INSURANCE EXEMPTION.] A water 
  7.33  conditioning contractor or installer who is an employee working 
  7.34  under the supervision of a water conditioning contractor or 
  7.35  installer, including an employee engaged in the maintenance and 
  7.36  repair of water conditioning equipment, apparatus, or facilities 
  8.1   owned, leased and operated, or maintained by the employer, or is 
  8.2   an employee of the state, is not required to meet the bond and 
  8.3   insurance requirements of subdivisions 1 and 2 or of any 
  8.4   political subdivision.  
  8.5      Subd. 4.  [FEE.] The commissioner of health may shall 
  8.6   establish by rule an additional fee commensurate with the cost 
  8.7   of administering the bond and insurance requirements of 
  8.8   subdivisions 1 and 2, which may shall be charged each applicant 
  8.9   for issuance or renewal of a water conditioning contractor or 
  8.10  installer license who elects to proceed under subdivisions 1 and 
  8.11  2.  
  8.12     Sec. 10.  Minnesota Statutes 1996, section 326.61, 
  8.13  subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [WATER CONDITIONING INSTALLATION.] "Water 
  8.15  conditioning installation" as used in sections 326.57 to 326.65 
  8.16  326.67 means the installation of appliances, appurtenances, and 
  8.17  fixtures designed to treat water so as to alter, modify, add or 
  8.18  remove mineral, chemical or bacterial content, said installation 
  8.19  to be made in a water distribution system serving a single 
  8.20  family residential unit, a water conditioning unit and 
  8.21  incidental piping made by connection to a bypass or line in a 
  8.22  water distribution system which has been initially established 
  8.23  by a licensed plumber, and does not involve a direct connection 
  8.24  without an air gap to a soil or waste pipe.  In connecting the 
  8.25  water conditioning unit, the contractor or installer shall 
  8.26  comply with the Minnesota plumbing code.  If an owner of a 
  8.27  single-family residential unit requests, the water conditioning 
  8.28  contractor may install a line which bypasses the water 
  8.29  conditioning unit and connect this water line to an existing 
  8.30  service outlet. 
  8.31     Sec. 11.  Minnesota Statutes 1996, section 326.61, 
  8.32  subdivision 2, is amended to read: 
  8.33     Subd. 2.  [WATER CONDITIONING SERVICING.] "Water 
  8.34  conditioning servicing" as used in sections 326.57 to 326.65 
  8.35  326.67 means the servicing (including servicing prior to 
  8.36  installation, altering, repairing, or removing) of a water 
  9.1   conditioning installation unit. 
  9.2      Sec. 12.  Minnesota Statutes 1996, section 326.61, 
  9.3   subdivision 3, is amended to read: 
  9.4      Subd. 3.  In order to provide effective protection of the 
  9.5   public health, the state commissioner of health may by rule 
  9.6   prescribe limitations on the nature of alteration to, extension 
  9.7   of, or connection with, the said water distribution system 
  9.8   initially established by a licensed plumber which may be 
  9.9   performed by a person licensed hereunder, and may by rule in 
  9.10  appropriate instances require filing of plans, blueprints and 
  9.11  specifications prior to commencement of installation.  Such 
  9.12  rules, upon approval of the attorney general and their legal 
  9.13  publication, shall have the force of law, and the violation of 
  9.14  any part thereof shall constitute a misdemeanor.  The 
  9.15  installation of water heaters shall not constitute water 
  9.16  conditioning installation and consequently such work shall be 
  9.17  accomplished in accordance with the provisions of sections 
  9.18  326.37 to 326.45. [WATER CONDITIONING UNIT.] "Water conditioning 
  9.19  unit" as used in sections 326.57 to 326.67 means water 
  9.20  softeners, water conditioning filters, drinking water units and 
  9.21  other appliances, and fixtures and appurtenances, either in 
  9.22  component parts or interconnected as a water system designed to 
  9.23  treat water so as to alter, modify, add, or remove mineral, 
  9.24  chemical, or bacterial content. 
  9.25     Sec. 13.  Minnesota Statutes 1996, section 326.61, is 
  9.26  amended by adding a subdivision to read: 
  9.27     Subd. 5.  [PRIMARY CONTAMINANT WATER CONDITIONING 
  9.28  UNIT.] "Primary contaminant water conditioning unit," as used in 
  9.29  sections 326.57 to 326.67 means those water conditioning units 
  9.30  designed to treat water so as to alter, modify, reduce, or 
  9.31  remove the contaminants identified by the administrator of the 
  9.32  Environmental Protection Agency as having an adverse effect on 
  9.33  the health of persons and that are accordingly subject to the 
  9.34  national primary drinking water standards established under the 
  9.35  federal Safe Drinking Water Act. 
  9.36     Sec. 14.  Minnesota Statutes 1996, section 326.64, is 
 10.1   amended to read: 
 10.2      326.64 [FEES DEPOSITED.] 
 10.3      All fees received under sections 326.57 to 326.65 326.67 
 10.4   shall be deposited by the state commissioner of health to the 
 10.5   credit of the general fund in the state treasury.  The salaries 
 10.6   of the necessary employees of the commissioner and the per diem 
 10.7   of the inspectors and examiners hereinbefore provided, their 
 10.8   expenses and the incidental expenses of the commissioner in 
 10.9   carrying out the provisions of sections 326.57 to 326.65 326.67 
 10.10  shall be paid from the appropriations made to the state 
 10.11  commissioner of health but no expense or claim shall be incurred 
 10.12  or paid in excess of the amount received from the fees herein 
 10.13  provided. 
 10.14     Sec. 15.  Minnesota Statutes 1996, section 326.65, is 
 10.15  amended to read: 
 10.16     326.65 [APPLICATION OF STATE LICENSE; EXAMINATION; 
 10.17  APPLICATION; EXEMPTION.] 
 10.18     Subdivision 1.  [PLUMBER EXEMPTION.] The provisions of 
 10.19  sections 326.57 to 326.65 326.67 which require the obtaining of 
 10.20  licenses to engage in the work or business of water conditioning 
 10.21  installation, and the provisions which provide for the 
 10.22  examination and continuing education of applicants for such 
 10.23  licenses, shall only do not apply to work accomplished in cities 
 10.24  or towns having populations of 5,000 or more and shall not apply 
 10.25  to master plumbers and journeymen plumbers licensed under the 
 10.26  provisions of sections 326.37 to 326.45.  
 10.27     Subd. 2.  [ENFORCEMENT.] Violations of the licensing 
 10.28  requirements constitute a misdemeanor.  The rules relating to 
 10.29  licensing and registration as provided in sections 326.57 to 
 10.30  326.67 have the force of law, and the violation of any part of 
 10.31  the rules constitutes a misdemeanor. 
 10.32     Sec. 16.  [326.67] [WATER CONDITIONING ADVISORY COUNCIL.] 
 10.33     Subdivision 1.  [COMPOSITION.] A water conditioning 
 10.34  advisory council shall be appointed by the commissioner of 
 10.35  health.  The council shall be comprised of two members who are 
 10.36  actively engaged as water conditioning contractors within the 
 11.1   seven-county metropolitan area, two members who are actively 
 11.2   engaged as water conditioning contractors outside the 
 11.3   seven-county metropolitan area, three citizen members, one 
 11.4   member of the public water utilities, one member of the plumbing 
 11.5   advisory council, and one employee of the Minnesota department 
 11.6   of health who shall serve in an ex officio capacity. 
 11.7      Subd. 2.  [PURPOSE.] The council shall assist the 
 11.8   commissioner of health in the development and implementation of 
 11.9   the rules required in sections 326.57 to 326.67 for the 
 11.10  registration of primary contaminant water conditioning units, 
 11.11  and the testing procedure for the licensing of water 
 11.12  conditioning contractors and installers, including the 
 11.13  continuing education and training of water conditioning 
 11.14  contractors, and for the purpose of assisting the commissioner 
 11.15  of health in analyzing and obtaining code approval of 
 11.16  installation materials unique to the water conditioning 
 11.17  installation industry. 
 11.18     Sec. 17.  [EFFECTIVE DATE.] 
 11.19     Section 6 is effective January 1, 2000.