HF 3450

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

A bill for an act
relating to building codes; creating two code-related councils; assigning duties to
the councils; amending Minnesota Statutes 2004, section 16B.70, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 175; repealing
Minnesota Statutes 2004, section 175.008.

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

Section 1.

Minnesota Statutes 2004, section 16B.70, subdivision 1, is amended to read:

Subdivision 1.

Computation.

To defray the costs of administering sections 16B.59
to 16B.76 new text begin and section 175.40, subdivision 8 new text end , a surcharge is imposed on all permits issued
by municipalities in connection with the construction of or addition or alteration to
buildings and equipment or appurtenances after June 30, 1971. The commissioner may
use any surplus in surcharge receipts to award grants for code research and development
and education.

If the fee for the permit issued is fixed in amount the surcharge is equivalent to
one-half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other
permits, the surcharge is as follows:

(1) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the
surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition,
or alteration;

(2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths
mill (.0004) of the value between $1,000,000 and $2,000,000;

(3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three-tenths
mill (.0003) of the value between $2,000,000 and $3,000,000;

(4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one-fifth
mill (.0002) of the value between $3,000,000 and $4,000,000;

(5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one-tenth
mill (.0001) of the value between $4,000,000 and $5,000,000; and

(6) if the valuation exceeds $5,000,000, the surcharge is $1,500 plus one-twentieth
mill (.00005) of the value that exceeds $5,000,000.

Sec. 2.

new text begin [175.40] CODE COUNCILS.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin Each council created in sections 175.41 to 175.43 must
perform the duties specified in this section with respect to the area of the building codes
within its jurisdiction. The appropriate council for performing duties under this section
is as follows:
new text end

new text begin (1) the Building Systems Council for parts of the code governing construction,
alteration, moving, demolition, and repair of buildings or structures; energy; conservation;
prefabricated buildings and manufactured homes; and
new text end

new text begin (2) the Mechanical Systems Council for parts of the code governing mechanical
systems; plumbing; gas; and sheet metal.
new text end

new text begin Subd. 2. new text end

new text begin Appointment and terms of members. new text end

new text begin The governor must appoint
members of the councils created in sections 175.41 to 175.43. Appointment, terms,
removal, and filling of vacancies for the councils are governed by section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Creation of subcommittees. new text end

new text begin Each council created in sections 175.41
to 175.43 may create subcommittees to act on matters relating to particular disciplines
within the jurisdiction of the council. A council may delegate any of its duties under
this section to a subcommittee.
new text end

new text begin Subd. 4. new text end

new text begin Administrative support. new text end

new text begin The commissioner must provide staff and
administrative support to the councils created under sections 175.41 to 175.43.
new text end

new text begin Subd. 5. new text end

new text begin Code rules. new text end

new text begin (a) The appropriate council must approve:
new text end

new text begin (1) proposed code rules before the commissioner gives notice of a public hearing
under section 14.14, notice of intent to adopt rules without a public hearing under section
14.22, or notice of proposed rules under section 14.389; and
new text end

new text begin (2) code rules before the commissioner publishes notice of adoption under section
14.18, 14.27, or 14.389.
new text end

new text begin (b) Each approval under this subdivision must be by a vote of at least 75 percent
of the total membership of the council. This subdivision does not apply to rules adopted
under section 14.388.
new text end

new text begin Subd. 6. new text end

new text begin Code interpretation and enforcement. new text end

new text begin Upon request of the
commissioner, the appropriate council must advise the commissioner on interpretation and
enforcement of the codes.
new text end

new text begin Subd. 7. new text end

new text begin Inspectors. new text end

new text begin The appropriate council shall advise the commissioner on the
process of certifying and training persons to perform inspection duties under the codes.
new text end

new text begin Subd. 8. new text end

new text begin Licensure and continuing education requirements. new text end

new text begin The appropriate
council must establish standards for licensure and continuing education requirements
for code inspectors, and standards for licensure of persons or businesses related to the
jurisdiction of each council who are licensed by the commissioner. Required continuing
education under this subdivision shall be no more than 40 hours nor less than 24 hours
annually.
new text end

new text begin Subd. 9. new text end

new text begin Commissioner. new text end

new text begin For purposes of this section and sections 175.41 to 175.43,
"commissioner" means the commissioner of the Department of Labor and Industry.
new text end

Sec. 3.

new text begin [175.41] BUILDING SYSTEMS COUNCIL.
new text end

new text begin (a) The Building Systems Council consists of the following members:
new text end

new text begin (1) two commercial contractors;
new text end

new text begin (2) two residential contractors;
new text end

new text begin (3) two labor representatives;
new text end

new text begin (4) two building officials;
new text end

new text begin (5) one architect;
new text end

new text begin (6) one structural engineer;
new text end

new text begin (7) one energy efficiency specialist;
new text end

new text begin (8) one material supplier/distributor; and
new text end

new text begin (9) two public members, as defined in section 214.02.
new text end

new text begin (b) All of the members of the council, other than the public members, must have
at least five years of experience in one or more of the disciplines within the jurisdiction
of the council.
new text end

Sec. 4.

new text begin [175.42] MECHANICAL SYSTEMS COUNCIL.
new text end

new text begin (a) The Mechanical Systems Council consists of the following members:
new text end

new text begin (1) one journeyman and one alternate, and one contractor and one alternate in the
fuel systems discipline;
new text end

new text begin (2) one journeyman and one alternate, and one contractor and one alternate in the
sheet metal and ventilation systems discipline;
new text end

new text begin (3) one journeyman and one alternate, and one contractor and one alternate in the
refrigeration systems discipline;
new text end

new text begin (4) one journeyman and one alternate, one contractor and one alternate, and two
representatives of utilities in the piping systems discipline;
new text end

new text begin (5) one journeyman and one alternate, and one contractor and one alternate in the
medical and nonmedical gas systems discipline;
new text end

new text begin (6) one mechanical engineer and one alternate; and
new text end

new text begin (7) two public members and one alternate, as defined in section 214.02.
new text end

new text begin (b) For purposes of this section, "journeyman" means a person with at least five
years of verifiable experience in the relevant discipline, and "contractor" means a person
with at least five years of experience operating a business that is primarily engaged in the
relevant discipline.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 175.008, new text end new text begin is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective July 1, 2006. Minnesota Statutes, section 175.40,
subdivision 5, paragraph (a), applies to rules for which notice is published after the
applicable council is first appointed.
new text end