HF 3525

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to construction codes; recodifying and modifying construction codes and
licensing provisions; modifying the State Building Code; providing penalties for
enforcement; instructing the revisor to change certain terms; making conforming
changes; changing certain appropriations; amending Minnesota Statutes 2004,
sections 16B.61, subdivisions 1a, 2; 16B.63, subdivision 5; 16B.65, subdivisions
1, 5a; 16B.70, subdivision 2; 16B.748; 144.99, subdivision 1; 175.16, subdivision
1; 183.44, subdivision 3; 214.01, subdivision 3; 214.04, subdivision 3; 299F.011,
subdivision 1; 326.241; 326.242, subdivision 9i; 326.243; 326.247; 326.42,
subdivision 1; 326.57, subdivision 1; 326.60, subdivision 3; 326.87, subdivision
1; 326.91, subdivision 1; 326.93; 326.992; 327.20, subdivision 1; 327.33,
subdivisions 2, 6; 327.35, subdivision 1; 327B.04, subdivision 7; 327B.05,
subdivision 1; 471.471, subdivision 4; Minnesota Statutes 2005 Supplement,
sections 16B.04, subdivision 2; 214.04, subdivision 1; proposing coding for
new law as Minnesota Statutes, chapter 326B; repealing Minnesota Statutes
2004, sections 16B.747, subdivision 4; 183.375, subdivision 5; 183.52; 183.61,
subdivisions 1, 3, 5, 6; 326.01, subdivision 6h; 326.241, subdivision 3; 326.242,
subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9j, 9k; 326.244, subdivision
6; 326.246; 326.2461; 326.44; 326.51; 326.52; 326.521; 326.64; 327B.05,
subdivisions 2, 3, 4, 5, 6; Minnesota Statutes 2005 Supplement, section 183.545,
subdivision 9; Minnesota Rules, parts 3800.2650; 3800.3580; 3800.3750;
3800.3835; 4715.5600; 4717.7000, subpart 1, item I.

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

ARTICLE 1

REVISOR'S INSTRUCTION

Section 1. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) In Minnesota Rules, parts 3800.3500 to 3800.3885, the revisor of statutes shall
change the terms "board" and "Board of Electricity" to "commissioner of labor and
industry."
new text end

new text begin (b) In Minnesota Rules, parts 4715.0150 to 4715.6000, the revisor of statutes shall
change the terms "commissioner" and "commissioner of health" to the term "commissioner
of labor and industry"; and shall change the terms "department" and "Department of
Health" to "Department of Labor and Industry."
new text end

new text begin (c) In Minnesota Rules, chapters 1300, 1301, 1305, 1306, 1307, 1309, 1311, 1315,
1346, 1350, 1360, and 7672, the revisor of statutes shall:
new text end

new text begin (1) change the term "commissioner of administration" to "commissioner of labor
and industry";
new text end

new text begin (2) change the term "Department of Administration" to "Department of Labor and
Industry";
new text end

new text begin (3) change the term "Department of Administration's Building Codes and Standards
Division" to "Department of Labor and Industry"; and
new text end

new text begin (4) change the term "director of the Building Codes and Standards Division of the
Department of Administration" to "individual appointed by the commissioner of labor and
industry to administer the code."
new text end

new text begin (d) In Minnesota Statutes, sections 326.01, subdivisions 2, 3, 4, 5, 6, 6a, 6b, 6c, and
6k; 326.242; 326.244; 326.2441; and 326.245, the revisor of statutes shall change the
terms "board," "Board of Electricity," and "State Board of Electricity" to "commissioner
of labor and industry."
new text end

new text begin (e) In Minnesota Statutes, sections 326.37 to 326.45 and 326.57 to 326.65, the
revisor of statutes shall change the terms "commissioner," "commissioner of health," and
"state commissioner of health" to "commissioner of labor and industry," and shall change
the terms "department," "Department of Health," and "State Department of Health" to
"Department of Labor and Industry."
new text end

new text begin (f) In Minnesota Statutes, sections 16B.59 to 16B.76, 326.992, 327.31 to 327.36,
and 327B.01 to 327B.12, the revisor of statutes shall change the terms "commissioner"
and "commissioner of administration" to "commissioner of labor and industry," and shall
change the terms "department" and "Department of Administration" to "Department
of Labor and Industry."
new text end

new text begin (g) In Minnesota Statutes, sections 326.83 to 326.86 and 326.875 to 326.991,
the revisor of statutes shall change the terms "commissioner" and "commissioner
of commerce" to "commissioner of labor and industry," and shall change the terms
"department" and "Department of Commerce" to "Department of Labor and Industry."
new text end

new text begin (h) In Minnesota Rules, part 3800.3840, the revisor of statutes shall change the term
"technical program committee" to "commissioner of labor and industry or designee."
new text end

ARTICLE 2

CONSTRUCTION CODES AND LICENSING

Section 1.

Minnesota Statutes 2004, section 299F.011, subdivision 1, is amended to
read:

Subdivision 1.

new text begin Uniform Fire Code rulemaking new text end authority.

The commissioner of
deleted text begin public safety through the Division of Fire Marshal may deleted text end new text begin labor and industry, in consultation
with the fire marshal, shall new text end promulgate a Uniform Fire Code and make amendments
thereto in accordance with the Administrative Procedure Act in chapter 14. The code and
its amendments shall conform insofar as practicable to model fire codes generally accepted
and in use throughout the United States, with consideration given to existing statewide
specialty codes presently in use in the state of Minnesota. Statewide specialty codes and
model codes with necessary modifications may be adopted by reference in accordance
with section 14.07, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [326B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to chapter 326B.
new text end

new text begin Subd. 2. new text end

new text begin ASME. new text end

new text begin "ASME" means the American Society of Mechanical Engineers.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor
and industry or a duly designated representative of the commissioner who is either an
employee of the Department of Labor and Industry or a person working under contract
with the department.
new text end

new text begin Subd. 4. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Labor and Industry.
new text end

new text begin Subd. 5. new text end

new text begin Day. new text end

new text begin "Day" means calendar day unless otherwise provided.
new text end

new text begin Subd. 6. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

new text begin Subd. 7. new text end

new text begin Person. new text end

new text begin "Person" means any individual, limited liability company,
corporation, partnership, incorporated or unincorporated association, sole proprietorship,
joint stock company, or any other legal or commercial entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [326B.02] POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer of responsibilities. new text end

new text begin The responsibilities of the
commissioner of administration relating to the state building code, sections 16B.59 to
16B.76; construction of low-cost manufactured home park storm shelters, section 327.205;
manufactured homes, sections 327.31 to 327.36 and 327B.01 to 327B.12; and statutory
warranties in connection with the sale of dwellings and home improvement work, chapter
327A, are transferred under section 15.039 to the commissioner of labor and industry as
amended. The responsibilities of the commissioner of health relating to the state plumbing
code and licensing, sections 16B.61, 144.122, paragraph (f), 144.99 to 144.993, and 326.37
to 326.45, and water conditioning contractors and installers, sections 144.122, paragraph
(f), 144.99 to 144.993, and 326.57 to 326.65, are transferred under section 15.039 to the
commissioner of labor and industry as amended. The responsibilities of the commissioner
of commerce relating to residential contractors, residential remodelers, residential roofers,
manufactured home installers, and the contractor's recovery fund under sections 45.027 to
45.23 and 326.83 to 326.992 are transferred under section 15.039 to the commissioner of
labor and industry as amended. The responsibilities of the Board of Electricity relating
to the state electrical code and licensing, sections 16B.61 and 326.241 to 326.248, are
transferred under section 15.039 to the commissioner of labor and industry as amended.
new text end

new text begin Subd. 2. new text end

new text begin Definition of responsibilities. new text end

new text begin For purposes of subdivision 1,
responsibilities include powers, duties, rights, obligations, and other authority imposed by
law on the commissioner and the department.
new text end

new text begin Subd. 3. new text end

new text begin State fire marshal cooperation. new text end

new text begin The state fire marshal shall work with the
commissioner to improve the delivery of services to the public through the coordination
of services and utilization of technology.
new text end

new text begin Subd. 4. new text end

new text begin General rulemaking authority. new text end

new text begin The commissioner may, under the
rulemaking provisions of chapter 14 and as otherwise provided by this chapter, adopt,
amend, suspend, and repeal rules relating to the commissioner's responsibilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 3

ENFORCEMENT

Section 1.

new text begin [326B.081] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 326B.081 to 326B.085, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Administrative order. new text end

new text begin "Administrative order" means an order issued
under section 326B.082, subdivision 7.
new text end

new text begin Subd. 3. new text end

new text begin Applicable law. new text end

new text begin "Applicable law" means the provisions of sections
45.027 to 45.23, 326.241 to 326.248, 326.37 to 326.521, 326.57 to 326.65, 326.83 to
326.992, 326B.084, 327.205, 327.31 to 327.36, and 327B.01 to 327B.12, and chapters
183 and 327B, and all rules, orders, stipulation agreements, settlements, compliance
agreements, licenses, registrations, certificates, and permits adopted, issued, or enforced
by the department under sections 45.027 to 45.23, 326.241 to 326.248, 326.37 to 326.521,
326.57 to 326.65, 326.83 to 326.992, 326B.084, 327.205, 327.31 to 327.36, or 327B.01 to
327B.12, or chapter 183 or 327B.
new text end

new text begin Subd. 4. new text end

new text begin Document or documents. new text end

new text begin "Document" or "documents" includes papers;
books; records; memoranda; data; contracts; drawings; graphs; charts; photographs;
digital, video, and audio recordings; records; accounts; files; statements; letters; e-mails;
invoices; bills; notes; and calendars maintained in any form or manner.
new text end

new text begin Subd. 5. new text end

new text begin Final. new text end

new text begin "Final" when used to describe any order issued under section
326B.082 means that:
new text end

new text begin (1) no request for hearing in connection with the order was filed in the manner and
within the time provided by section 326B.082;
new text end

new text begin (2) all requests for hearing have been withdrawn;
new text end

new text begin (3) a settlement agreement in connection with the order has been signed by all
the parties; or
new text end

new text begin (4) after the filing of a request for hearing, an order has been issued by the
commissioner, the Court of Appeals, or the Supreme Court, and all appeals have been
pursued or forgone.
new text end

new text begin Subd. 6. new text end

new text begin Licensing order. new text end

new text begin "Licensing order" means an order issued under section
326B.082, subdivision 12, paragraph (a).
new text end

new text begin Subd. 7. new text end

new text begin Minimum qualifications. new text end

new text begin "Minimum qualifications" means the
educational, experience, fee, examination, application, and other eligibility requirements
that an applicant must meet in order to obtain a license, registration, certificate, or
permit under the applicable law. For an applicant that is not an individual, the minimum
qualifications include the requirement that an employee or other individual associated
with the applicant hold a license.
new text end

new text begin Subd. 8. new text end

new text begin Stop order. new text end

new text begin "Stop order" means an order issued under section 326B.082,
subdivision 10.
new text end

Sec. 2.

new text begin [326B.082] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Remedies available. new text end

new text begin The commissioner may enforce all applicable
law under this section. The commissioner may use any enforcement provision in this
section, including the assessment of penalties, against a person required to hold a license,
registration, certificate, or permit under the applicable law based on conduct that would
provide grounds for action against a licensee, registrant, certificate holder, or permit
holder under the applicable law. The use of an enforcement provision in this section
shall not preclude the use of any other enforcement provision in this section or otherwise
provided by law.
new text end

new text begin Subd. 2. new text end

new text begin Access to information and property; subpoenas. new text end

new text begin (a) In order to carry out
the purposes of the applicable law, the commissioner may:
new text end

new text begin (1) administer oaths and affirmations, certify official acts, interview, question, take
oral or written statements, and take depositions;
new text end

new text begin (2) request, examine, take possession of, test, sample, measure, photograph, record,
and copy any documents, apparatus, devices, equipment, or materials;
new text end

new text begin (3) at a time and place indicated by the commissioner, request persons to appear
before the commissioner to give testimony and produce documents, apparatus, devices,
equipment, or materials;
new text end

new text begin (4) issue subpoenas to compel persons to appear before the commissioner to give
testimony and produce documents, apparatus, devices, equipment, or materials; and
new text end

new text begin (5) with or without notice, enter without delay upon any property, public or private,
for the purpose of taking any action authorized under this subdivision or the applicable
law, including obtaining information, taking steps to remedy violations, or conducting
surveys, inspections, or investigations.
new text end

new text begin (b) Persons requested by the commissioner to give testimony or produce documents,
apparatus, devices, equipment, or materials shall respond within the time and in the manner
specified by the commissioner. If no time to respond is specified in the request, then a
response shall be submitted within 30 days of the commissioner's service of the request.
new text end

new text begin (c) Upon the refusal or anticipated refusal of a property owner, lessee, property
owner's representative, or lessee's representative to permit the commissioner's entry
onto the property as provided in paragraph (a), the commissioner may apply for
an administrative inspection order in the Ramsey County District Court or, at the
commissioner's discretion, in the district court in the county in which the property is
located. The commissioner may anticipate that a property owner will refuse entry if
the property owner or the property owner's representative has refused to permit entry
on a prior occasion or has informed the commissioner that entry will be refused. Upon
showing of administrative probable cause by the commissioner, the district court shall
issue an administrative inspection order that compels the property owner to permit the
commissioner to enter the property for the purposes specified in paragraph (a).
new text end

new text begin (d) Upon the application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this subdivision
as a contempt of court.
new text end

new text begin Subd. 3. new text end

new text begin Service. new text end

new text begin Unless otherwise specified, service of a document on a person
under this section or section 326B.083 may be by mail, by personal service, or in
accordance with any consent to service filed with the commissioner. Service by mail shall
be accomplished in the manner provided in Minnesota Rules, part 1400.5550, subpart
2. Personal service shall be accomplished in the manner provided in Minnesota Rules,
part 1400.5550, subpart 3.
new text end

new text begin Subd. 4. new text end

new text begin Fax transmission. new text end

new text begin Whenever this section or section 326B.083 permits a
request for reconsideration or request for hearing to be faxed to the commissioner, the
fax cannot exceed 15 pages in length. The request will be considered timely if the fax is
received by the commissioner, at the fax number identified by the commissioner in the
order or notice of violation, no later than 4:30 p.m. on the last day permitted for faxing
the request. Where the quality or authenticity of the request is at issue, the commissioner
may require the original request to be filed. Where the commissioner has not identified
quality or authenticity as an issue and the request has been faxed in accordance with this
subdivision, the person faxing the request does not need to provide the original request to
the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Time computation. new text end

new text begin In computing any period of time prescribed or allowed
by this section, the day of the act, event, or default from which the designated period of
time begins to run shall not be included. The last day of the period so computed shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs
until the end of the next day which is not a Saturday, Sunday, or legal holiday.
new text end

new text begin Subd. 6. new text end

new text begin Notices of violation. new text end

new text begin (a) The commissioner may issue a notice of violation
to any person who has committed a violation of the applicable law. The notice of violation
must state a summary of the facts that constitute the violation and the applicable law
violated. The notice of violation may require the person to correct the violation. If
correction is required, the notice of violation must state the time by which the violation
must be corrected.
new text end

new text begin (b) The commissioner shall issue the notice of violation by:
new text end

new text begin (1) serving the notice of violation on the property owner or on the person who
committed the violation; or
new text end

new text begin (2) posting the notice of violation at the address where the violation occurred.
new text end

new text begin (c) If the person to whom the commissioner has issued the notice of violation
believes that the information contained in the notice is in error, the person may request
that the commissioner reconsider the parts of the notice that are alleged to be in error. The
request for reconsideration must be in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the notice of violation on or before
the tenth day after the commissioner issues the notice of violation. The date on which a
request for reconsideration is served by mail shall be the postmark date on the envelope in
which the request for reconsideration is mailed. The request for reconsideration must:
new text end

new text begin (1) specify which parts of the notice of violation are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) provide documentation to support the allegation of error.
new text end

new text begin The commissioner must respond in writing to requests made under this paragraph
within 15 days after receiving a request. A request for reconsideration does not stay any
obligation to correct as set forth in the notice of violation. After reviewing the request for
reconsideration, the commissioner may affirm, modify, or rescind the notice of violation.
The commissioner's disposition of a request for reconsideration is final and may not be
reviewed by any court or agency.
new text end

new text begin Subd. 7. new text end

new text begin Administrative orders; correction; assessment of monetary penalties.
new text end

new text begin (a) The commissioner may issue an administrative order to any person who has committed
a violation of the applicable law. The commissioner shall serve the administrative order
on the person. The administrative order may include a requirement that the violation be
corrected, may require the person to cease and desist from committing the violation, and
may include an assessment of monetary penalties. The procedures in section 326B.083
must be followed when issuing administrative orders. Except as provided in paragraph (b),
the commissioner may issue to each person a monetary penalty of up to $10,000 for each
violation of applicable law committed by that person. The commissioner may specify in
the order that some or all of the monetary penalty will be forgiven if the person who is
subject to the order demonstrates to the commissioner before the 31st day after the order
is issued that the person has corrected the violation or has developed a correction plan
acceptable to the commissioner.
new text end

new text begin (b) If the commissioner issues an administrative order for failure to correct a
violation by the deadline stated in a final administrative order issued under paragraph (a),
then each day after the deadline during which the violation remains uncorrected is a
separate violation for purposes of calculating the maximum penalty amount.
new text end

new text begin (c) If the commissioner issues an administrative order to a corporation, the
persons subject to the order include all owners and officers of the corporation. For any
administrative order issued under this section, the naming of a corporation as a person
subject to the order constitutes the naming of the owners and officers as persons subject
to the order, and service of the administrative order on the corporation shall constitute
service upon the owners and officers.
new text end

new text begin (d) Upon the application of the commissioner, a district court shall treat the failure
of any person to complete any correction required in a final administrative order lawfully
issued by the commissioner under this subdivision as a contempt of court.
new text end

new text begin Subd. 8. new text end

new text begin Hearings related to administrative orders. new text end

new text begin (a) Within 30 days after the
commissioner serves an administrative order or within 20 days after the commissioner
serves notice under section 326B.083, subdivision 3, paragraph (b), clause (3), the person
subject to an administrative order may request an expedited hearing, using the procedures
of Minnesota Rules, parts 1400.8510 to 1400.8612, to review the commissioner's
action. The request for hearing must be in writing and must be served on or faxed to the
commissioner at the address or fax number specified in the order. If the person does
not request a hearing or if the person's written request for hearing is not served on or
faxed to the commissioner on or before the 30th day after the commissioner served the
administrative order or the 20th day after the commissioner served the notice under section
326B.083, subdivision 3, paragraph (b), clause (3), the order will become a final order of
the commissioner and will not be subject to review by any court or agency. The date on
which a request for hearing is served by mail shall be the postmark date on the envelope in
which the request for hearing is mailed. The hearing request must specifically state the
reasons for seeking review of the order. The person to whom the order is issued and the
commissioner are the parties to the expedited hearing. The commissioner must notify the
person to whom the order is issued of the time and place of the hearing at least 15 days
before the hearing. The expedited hearing must be held within 45 days after a request for
hearing has been filed with the commissioner unless the parties agree to a later date.
new text end

new text begin (b) All written arguments must be submitted within ten days following the close of
the hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
1400.8612, as modified by this subdivision. The Office of Administrative Hearings may, in
consultation with the agency, adopt rules specifically applicable to cases under this section.
new text end

new text begin (c) The administrative law judge shall issue a report making findings of fact,
conclusions of law, and a recommended order to the commissioner within 30 days
following the close of the record.
new text end

new text begin (d) If the administrative law judge makes a finding that the hearing was requested
solely for purposes of delay or that the hearing request was frivolous, the commissioner
may add to the amount of the penalty the costs charged to the department by the Office of
Administrative Hearings for the hearing.
new text end

new text begin (e) If a hearing has been held, the commissioner shall not issue a final order until
at least five days after the date of the administrative law judge's report. Any person
aggrieved by the administrative law judge's report may, within those five days, serve
written comments to the commissioner on the report and the commissioner shall consider
the comments. The commissioner's final order may be appealed in the manner provided in
sections 14.63 to 14.69.
new text end

new text begin Subd. 9. new text end

new text begin Injunctive relief. new text end

new text begin In addition to any other remedy provided by law, the
commissioner may bring an action for injunctive relief in the Ramsey County District
Court or, at the commissioner's discretion, in the district court in the county in which a
violation of the applicable law has occurred or is about to occur to enjoin the violation.
A temporary restraining order and other injunctive relief shall be granted by the district
court whenever it appears that any person has engaged in or is about to engage in any act,
conduct, or practice constituting a violation of the applicable law. The commissioner shall
not be required to show irreparable harm.
new text end

new text begin Subd. 10. new text end

new text begin Stop orders. new text end

new text begin (a) Whenever based on an inspection or investigation
it appears to the commissioner that a person has committed or is about to commit an
act, conduct, or practice that violates the applicable law, the commissioner may issue to
the person a stop order requiring the person to cease and desist from committing the
act, conduct, or practice.
new text end

new text begin (b) Whenever based on an inspection or investigation it appears to the commissioner
that a condition exists on real property that violates the applicable law, the commissioner
may issue a stop order to the owner or lessee of the real property to correct the condition
that is in violation.
new text end

new text begin (c) The commissioner shall issue the stop work order by:
new text end

new text begin (1) serving the order on the person who has committed or is about to commit the
violation;
new text end

new text begin (2) posting the order at the location where the violation was committed or is about to
be committed or where the violating condition exists; or
new text end

new text begin (3) serving the order on any owner or lessee of the real property where the violating
condition exists.
new text end

new text begin (d) A stop order shall:
new text end

new text begin (1) describe the act, conduct, or practice committed or about to be committed, or the
condition, and include a reference to the applicable law that the act, conduct, practice, or
condition violates or would violate; and
new text end

new text begin (2) provide notice that any person aggrieved by the stop order may request a hearing
as provided in paragraph (e).
new text end

new text begin (e) Within 30 days after the commissioner issues a stop order, any person aggrieved
by the order may request an expedited hearing, using the procedures of Minnesota Rules,
parts 1400.8510 to 1400.8612, to review the commissioner's action. The request for
hearing must be in writing and must be served on or faxed to the commissioner at the
address or fax number specified in the order. If the person does not request a hearing or
if the person's written request for hearing is not served on or faxed to the commissioner
on or before the 30th day after the commissioner issued the stop work order, the order
will become a final order of the commissioner and will not be subject to review by any
court or agency. The date on which a request for hearing is mailed is the postmark date
on the envelope in which the request for hearing is mailed. The hearing request must
specifically state the reasons for seeking review of the order. The person who requested
the hearing and the commissioner are the parties to the expedited hearing. The hearing
shall be commenced within ten days after the commissioner receives the request for
hearing. The hearing shall be conducted under Minnesota Rules, parts 1400.8510 to
1400.8612, as modified by this subdivision. The administrative law judge shall issue a
report containing findings of fact, conclusions of law, and a recommended order within
ten days after the conclusion of the hearing. Any party aggrieved by the administrative
law judge's report shall have five days after the date of the administrative law judge's
report to submit exceptions and argument to the commissioner. Within 15 days after
receiving the administrative law judge's report, the commissioner shall issue an order
vacating, modifying, or making permanent the stop order. The commissioner and the
person requesting the hearing may by agreement lengthen any time periods described in
this paragraph. The Office of Administrative Hearings may, in consultation with the
agency, adopt rules specifically applicable to cases under this subdivision.
new text end

new text begin (f) A stop work order issued under this subdivision shall be in effect until it is
modified or vacated by the commissioner or an appellate court. The administrative hearing
provided by this subdivision and any appellate judicial review as provided in chapter 14
shall constitute the exclusive remedy for any person aggrieved by a stop order.
new text end

new text begin (g) Upon the application of the commissioner, a district court shall treat the failure
of any person to obey a final stop order lawfully issued by the commissioner under this
subdivision as a contempt of court.
new text end

new text begin Subd. 11. new text end

new text begin Licensing orders; grounds; reapplication. new text end

new text begin (a) The commissioner may
deny a permit, license, registration, or certificate if the applicant does not meet or fails
to maintain the minimum qualifications for holding the permit, license, registration, or
certificate, or has any unresolved violations or unpaid fees or penalties related to the
activity for which the permit, license, registration, or certificate was issued.
new text end

new text begin (b) The commissioner may condition the grant of a permit, license, registration, or
certificate on a demonstration by the applicant that actions required by the applicable law
have been taken, or may place conditions on or issue a limited permit, license, registration,
or certificate.
new text end

new text begin (c) The commissioner may deny, suspend, limit, place conditions on, or revoke
a permit, license, registration, or certificate, or censure the person holding the permit,
license, registration, or certificate, for:
new text end

new text begin (1) committing one or more violations of the applicable law;
new text end

new text begin (2) submitting false or misleading information to the state in connection with
activities for which the permit, license, registration, or certificate is issued, or in
connection with the application for the permit, license, registration, or certificate;
new text end

new text begin (3) allowing the alteration or use of one's own permit, license, registration, or
certificate by another person;
new text end

new text begin (4) within the previous five years, conviction of a crime in connection with activities
for which the permit, license, registration, or certificate was issued;
new text end

new text begin (5) violating a final administrative order issued under subdivision 7 or a final stop
order issued under subdivision 10;
new text end

new text begin (6) failing to cooperate with a commissioner's request to give testimony, to produce
documents, things, apparatus, devices, equipment, or materials, or to access property
under subdivision 2;
new text end

new text begin (7) retaliating in any manner against any employee or person who is questioned by,
cooperates with, or provides information to the commissioner or an employee or agent
authorized by the commissioner who seeks access to property or things under subdivision
2;
new text end

new text begin (8) engaging in any fraudulent, deceptive, or dishonest act or practice; or
new text end

new text begin (9) the applicant's, permit holder's, licensee's, registrant's, or certificate holder's
incompetence, untrustworthiness, or financial irresponsibility in the conduct of that
person's affairs, including but not limited to the performance of work in connection with
the permit, license, registration, or certificate.
new text end

new text begin (d) If the commissioner revokes a person's permit, license, registration, or certificate
under paragraph (c), the person is prohibited from making a new application for the
same type of permit, license, registration, or certificate for at least two years after the
effective date of the revocation. The commissioner may, as a condition of reapplication,
require the applicant to obtain a bond or comply with additional reasonable conditions
of permitting, licensing, registration, or certification that the commissioner considers
necessary to protect the public.
new text end

new text begin (e) If a permit, license, registration, or certificate expires, or is surrendered,
withdrawn, or terminated, or otherwise becomes ineffective, the commissioner may
institute a proceeding under this subdivision within two years after the permit, license,
registration, or certificate was last effective and enter a revocation or suspension order as
of the last date on which the permit, license, registration, or certificate was in effect.
new text end

new text begin Subd. 12. new text end

new text begin Issuance of licensing orders; hearings related to licensing orders.
new text end

new text begin (a) If the commissioner determines that a permit, license, registration, or certificate
should be conditioned, limited, suspended, revoked, or denied under subdivision 11,
or that the permit holder, licensee, registrant, or certificate holder should be censured
under subdivision 11, then the commissioner shall serve on the person an order denying,
conditioning, limiting, suspending, or revoking the person's permit, license, registration,
or certificate, or censuring the permit holder, licensee, registrant, or certificate holder.
new text end

new text begin (b) Any order issued under paragraph (a) that is based in whole or in part on the
violation of any applicable law may include an assessment of monetary penalties and may
require the person to cease and desist from committing the violation. The monetary penalty
may be up to $10,000 for each violation of applicable law committed by the person. The
procedures in section 326B.083 must be followed when issuing orders under paragraph
(a). If the commissioner issues an order under paragraph (a) to a corporation, the persons
subject to the order include all owners and officers of the corporation. For any order issued
under paragraph (a), the naming of a corporation as a person subject to the order constitutes
the naming of the owners and officers as persons subject to the order, and service of the
order on the corporation shall constitute service upon the owners and officers.
new text end

new text begin (c) The permit holder, licensee, registrant, certificate holder, or applicant on whom
the commissioner serves an order under paragraph (a) shall have 30 days after service of
the order to request a hearing. The request for hearing must be in writing and must be
served on or faxed to the commissioner at the address or fax number specified in the order
on or before the 30th day after service of the order. If the person does not request a hearing
or if the person's written request for hearing is not served on or faxed to the commissioner
on or before the 30th day after service of the order, the order shall become a final order of
the commissioner and will not be subject to review by any court or agency. The date on
which a request for hearing is served by mail shall be the postmark date on the envelope in
which the request for hearing is mailed. If the person submits to the commissioner a timely
request for hearing, a contested case hearing shall be held in accordance with chapter 14.
new text end

new text begin (d) Paragraph (c) does not apply to summary suspension under subdivision 13.
new text end

new text begin Subd. 13. new text end

new text begin Summary suspension. new text end

new text begin In any case where the commissioner has
issued an order to revoke or suspend a license, registration, certificate, or permit under
subdivision 12, the commissioner may summarily suspend the person's permit, license,
registration, or certificate before the order becomes final. The commissioner shall issue
a summary suspension order only when the safety of life or property is threatened
or to prevent the commission of fraudulent, deceptive, or dishonest acts against the
public. The summary suspension shall not affect the deadline for submitting a request
for hearing under subdivision 12. If the commissioner summarily suspends a person's
permit, license, registration, or certificate, a timely request for hearing submitted under
subdivision 12 shall also be considered a timely request for hearing on continuation of
the summary suspension. If the commissioner summarily suspends a person's permit,
license, registration, or certificate under this subdivision and the person submits a timely
request for a hearing, then a hearing on continuation of the summary suspension must be
held within ten days after the commissioner receives the request for hearing unless the
parties agree to a later date.
new text end

new text begin Subd. 14. new text end

new text begin Plan for assessing penalties. new text end

new text begin The commissioner may prepare a plan for
assessing penalties in orders issued under subdivision 7 or 12. The commissioner shall
provide a 30-day period for public comment on any such plan. Penalties assessed by the
commissioner in accordance with the plan shall be presumed reasonable.
new text end

new text begin Subd. 15. new text end

new text begin Effect on other laws. new text end

new text begin Nothing in this section shall be construed to limit
the application of other state or federal laws, including specifically but not exclusively
section 270C.72, that require suspension of, revocation of, denial of, or refusal to renew a
permit, license, registration, or certificate issued by the commissioner.
new text end

new text begin Subd. 16. new text end

new text begin Misdemeanor penalties. new text end

new text begin Except as otherwise provided by law, a person
who violates an applicable law is guilty of a misdemeanor.
new text end

new text begin Subd. 17. new text end

new text begin Revocation and suspension of license. new text end

new text begin If a person fails to pay a penalty
owed under this section or section 326B.083, the commissioner may revoke or deny any
or all licenses, permits, certificates, and registrations issued by the department.
new text end

Sec. 3.

new text begin [326B.083] AMOUNT OF PENALTY; CONTENTS OF
ADMINISTRATIVE AND LICENSING ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Amount of penalty; considerations. new text end

new text begin In determining the amount of
a penalty assessed under section 326B.082, subdivision 7 or 12, the commissioner shall
consider the factors described in section 14.045, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Contents of administrative order and licensing order. new text end

new text begin (a) An
administrative order and a licensing order must include:
new text end

new text begin (1) a summary of the facts that constitute the violation or violations;
new text end

new text begin (2) a reference to the applicable law that has been violated; and
new text end

new text begin (3) a statement of the person's right to request a hearing.
new text end

new text begin (b) An administrative order may include a requirement that the violation be
corrected. If the order includes a requirement that the violation be corrected, then the
order must include, in addition to any statements required under paragraphs (a) and (c),
the deadline by which the violation must be corrected.
new text end

new text begin (c) An administrative order or a licensing order may assess monetary penalties. If
the order assesses monetary penalties, then the order must include, in addition to any
statements required under paragraphs (a) and (b):
new text end

new text begin (1) a statement of the amount of the monetary penalty imposed;
new text end

new text begin (2) a statement that, when the order becomes final, the commissioner may file and
enforce the unpaid portion of a penalty as a judgment in district court without further
notice or additional proceedings; and
new text end

new text begin (3) if the order is an administrative order, a statement of the amount of the penalty,
if any, that will be forgiven if the person who is subject to the order demonstrates to the
commissioner before the 31st day after the order is served that the person has corrected
the violation or has developed a correction plan acceptable to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) If an administrative order includes a penalty assessment, then
the penalty is due and payable on the date the administrative order becomes final unless
some or all of the penalty is forgivable. If a licensing order includes a penalty assessment,
then the penalty is due and payable on the date the licensing order becomes final.
new text end

new text begin (b) This paragraph applies if an administrative order includes a penalty assessment
and all or a portion of the penalty is forgivable.
new text end

new text begin (1) If any portion of the penalty is not forgivable, that portion of the penalty is due
and payable ten days after the date the administrative order becomes final.
new text end

new text begin (2) The commissioner shall forgive the forgivable portion of the penalty if the
commissioner determines that the violation has been corrected within the time set by
the order or the person to whom the order was issued has developed a correction plan
acceptable to the commissioner within the time set by the order.
new text end

new text begin (3) If the commissioner determines that the person to whom the order was issued
has failed to correct the violation within the time set by the order or has failed to develop
a correction plan acceptable to the commissioner within the time set by the order, then
the forgivable portion of the penalty is due and payable ten days after the commissioner
serves notice of the determination on the person or on the date the administrative order
becomes final, whichever is later.
new text end

new text begin (c) This paragraph applies if an administrative order or a licensing order includes a
penalty assessment and if the person subject to the order has requested a hearing. The
administrative law judge may not recommend a change in the amount of the penalty if
the penalty was assessed in accordance with a plan prepared under section 326B.082,
subdivision 14. If the commissioner has not prepared a plan under section 326B.082,
subdivision 14, then the administrative law judge may not recommend a change in the
amount of the penalty unless the administrative law judge determines that, based on the
factors in section 14.045, subdivision 3, the amount of the penalty is unreasonable.
new text end

new text begin (d) The assessment of a penalty does not preclude the use of other enforcement
provisions, under which penalties are not assessed, in connection with the violation for
which the penalty was assessed.
new text end

Sec. 4.

new text begin [326B.084] FALSE INFORMATION.
new text end

new text begin A person subject to any of the requirements in the applicable law may not make a
false material statement, representation, or certification in; omit material information
from; or alter, conceal, or fail to file or maintain a notice, application, record, report, plan,
or other document required under the applicable law.
new text end

Sec. 5.

new text begin [326B.085] RECOVERY OF LITIGATION COSTS AND EXPENSES.
new text end

new text begin In any action brought by the commissioner for enforcement of an order issued
under section 326B.082 for injunctive relief, or to compel performance pursuant to the
applicable law, if the state finally prevails, the state, in addition to other penalties provided
by law, may be allowed an amount determined by the court to be the reasonable value of
all or part of the litigation expenses incurred by the state. In determining the amount of
the litigation expenses to be allowed, the court shall give consideration to the economic
circumstances of the defendant.
new text end

ARTICLE 4

BUILDING CODE

Section 1.

Minnesota Statutes 2005 Supplement, section 16B.04, subdivision 2, is
amended to read:

Subd. 2.

Powers and duties, general.

Subject to other provisions of this chapter,
the commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and purchasing;

(2) provide agencies with supplies and equipment and operate all central store or
supply rooms serving more than one agency;

(3) investigate and study the management and organization of agencies, and
reorganize them when necessary to ensure their effective and efficient operation;

(4) manage and control state property, real and personal;

(5) maintain and operate all state buildings, as described in section 16B.24,
subdivision 1;

(6) supervise, control, review, and approve all capital improvements to state
buildings and the capitol building and grounds;

(7) provide central duplicating, printing, and mail facilities;

(8) oversee publication of official documents and provide for their sale;

(9) manage and operate parking facilities for state employees and a central motor
pool for travel on state business; new text begin and
new text end

deleted text begin (10) establish and administer a State Building Code; and
deleted text end

deleted text begin (11) deleted text end new text begin (10) new text end provide rental space within the capitol complex for a private day care
center for children of state employees. The commissioner shall contract for services as
provided in this chapter. The commissioner shall report back to the legislature by October
1, 1984, with the recommendation to implement the private day care operation.

Sec. 2.

Minnesota Statutes 2004, section 16B.61, subdivision 2, is amended to read:

Subd. 2.

Enforcement by certain bodies.

Under the direction and supervision of
the commissioner, the provisions of the code relating to electrical installations deleted text begin shall be
enforced by the State Board of Electricity, pursuant to the Minnesota Electrical Act, the
provisions relating to deleted text end new text begin , new text end plumbing deleted text begin shall be enforced by the commissioner of health, the
provisions relating to deleted text end new text begin , boilers, and new text end high pressure deleted text begin steam deleted text end piping and appurtenances shall be
enforced by the Department of Labor and Industry. Fees for inspections conducted by
the deleted text begin State Board of Electricity deleted text end new text begin commissioner new text end shall be paid in accordance with the rules of
the deleted text begin State Board of Electricity deleted text end new text begin department new text end . Under direction of the commissioner of public
safety, the state fire marshal shall enforce the Minnesota deleted text begin Uniform deleted text end new text begin State new text end Fire Code as
provided in chapter 299F. The commissioner deleted text begin , in consultation with the commissioner of
labor and industry, deleted text end shall adopt amendments to the mechanical code portion of the State
Building Code to implement standards for process piping.

Sec. 3.

Minnesota Statutes 2004, section 16B.63, subdivision 5, is amended to read:

Subd. 5.

Interpretative authority.

To achieve uniform and consistent application
of the State Building Code, the state building official has final interpretative authority
applicable to all codes adopted as part of the State Building Code except for the
Plumbing Code and the Electrical Code when enforced by the deleted text begin State Board of Electricity deleted text end new text begin
Commissioner of the Department of Labor and Industry new text end . A final interpretative committee
composed of seven members, consisting of three building officials, two inspectors from
the affected field, and two construction industry representatives, shall review requests for
final interpretations relating to that field. A request for final interpretation must come from
a local or state level building code board of appeals. The state building official must
establish procedures for membership of the interpretative committees. The appropriate
committee shall review the request and make a recommendation to the state building
official for the final interpretation within 30 days of the request. The state building official
must issue an interpretation within ten business days from the recommendation from the
review committee. A final interpretation may be appealed within 30 days of its issuance to
the commissioner under section 16B.67. The final interpretation must be published within
ten business days of its issuance and made available to the public. Municipal building
officials shall administer all final interpretations issued by the state building official until
the final interpretations are considered for adoption as part of the State Building Code.

Sec. 4.

Minnesota Statutes 2004, section 16B.748, is amended to read:

16B.748 RULES.

The commissioner may adopt rules for the following purposes:

(1) to establish minimum qualifications for elevator inspectors that must include
possession of a current elevator constructor electrician's license issued by the deleted text begin State Board
of Electricity deleted text end new text begin department new text end and proof of successful completion of the national elevator
industry education program examination or equivalent experience;

(2) to establish criteria for the qualifications of elevator contractors;

(3) to establish elevator standards under sections 16B.61, subdivisions 1 and 2,
and 16B.64;

(4) to establish procedures for appeals of decisions of the commissioner under
chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek
advice from the elevator trade, building owners or managers, and others knowledgeable in
the installation, construction, and repair of elevators; and

(5) to establish requirements for the registration of all elevators.

Sec. 5.

Minnesota Statutes 2004, section 327.35, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Civil deleted text end Penalty.

new text begin Notwithstanding section 326B.082, subdivisions 7 and
12, new text end any person who violates any provision of this section is liable to the state of Minnesota
for a deleted text begin civil deleted text end penalty of not to exceed $1,000 for each deleted text begin offense deleted text end new text begin violation new text end . Each violation
involving a separate manufactured home or involving a separate failure or refusal to allow
or perform any act required by this section constitutes a separate deleted text begin offense deleted text end new text begin violation new text end , except
that the maximum deleted text begin civil deleted text end penalties for any related series of violations occurring within one
year from the date of the first violation may not exceed $1,000,000.

Sec. 6.

Minnesota Statutes 2004, section 327B.05, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

new text begin In addition to the grounds set forth in section 326B.082,
subdivision 11, new text end the commissioner may by order deny, suspend new text begin , limit, place conditions
on, new text end or revoke deleted text begin any deleted text end new text begin the application or new text end license deleted text begin on finding (1) that the order is in the public
interest and (2) that the deleted text end new text begin of any new text end applicant or licensee or any of its directors, officers, limited
or general partners, controlling shareholders or affiliates new text begin for any of the following grounds new text end :

deleted text begin (a) has filed an application for a license or a license renewal which fails to disclose
any material information or contains any statement which is false or misleading with
respect to any material fact;
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end has violated any of the provisions of sections 327B.01 to 327B.12 or any
rule or order issued by the commissioner or any prior law providing for the licensing of
manufactured home dealers or manufacturers;

deleted text begin (c) deleted text end new text begin (b) new text end has had a previous manufacturer or dealer license revoked in this or any
other state;

deleted text begin (d) deleted text end new text begin (c) new text end has engaged in acts or omissions which have been adjudicated or amount to a
violation of any of the provisions of section 325D.44, 325F.67 or 325F.69;

deleted text begin (e) deleted text end new text begin (d) new text end has sold or brokered the sale of a home containing a material violation of
sections 327.31 to 327.35 about which the dealer knew or which should have been obvious
to a reasonably prudent dealer;

deleted text begin (f) deleted text end new text begin (e) new text end has failed to make or provide all listings, notices and reports required by
the commissioner;

deleted text begin (g) deleted text end new text begin (f) new text end has failed to pay a civil penalty assessed under subdivision 5 within ten
days after the assessment becomes final;

deleted text begin (h) deleted text end new text begin (g) new text end has failed to pay to the commissioner or other responsible government agency
all taxes, fees and arrearages due;

deleted text begin (i) deleted text end new text begin (h) new text end has failed to duly apply for license renewal;

deleted text begin (j) deleted text end new text begin (i) new text end has violated any applicable manufactured home building or safety code;

deleted text begin (k) deleted text end new text begin (j) new text end has failed or refused to honor any express or implied warranty as provided
in section 327B.03;

deleted text begin (l) deleted text end new text begin (k) new text end has failed to continuously occupy a permanent, established place of business
licensed under section 327B.04;

deleted text begin (m) deleted text end new text begin (l) new text end has, without first notifying the commissioner, sold a new and unused
manufactured home other than the make of manufactured home described in a franchise or
contract filed with the application for license or license renewal;

deleted text begin (n) deleted text end new text begin (m) new text end has wrongfully failed to deliver a certificate of title to a person entitled to it;

deleted text begin (o) deleted text end new text begin (n) new text end is insolvent or bankrupt;

deleted text begin (p) deleted text end new text begin (o) new text end holds an impaired or canceled bond;

deleted text begin (q) deleted text end new text begin (p) new text end has failed to notify the commissioner of bankruptcy proceedings within ten
days after a petition in bankruptcy has been filed by or against the dealer or manufacturer;

deleted text begin (r) deleted text end new text begin (q) new text end has, within the previous ten years, been convicted of a crime that either related
directly to the business of the dealer or manufacturer or involved fraud, misrepresentation
or misuse of funds;

deleted text begin (s) deleted text end new text begin (r) new text end has suffered a judgment within the previous five years in a civil action
involving fraud, misrepresentation or misuse of funds; or

deleted text begin (t) deleted text end new text begin (s) new text end has failed to reasonably supervise any employee or agent of the dealer or
manufacturer, resulting in injury or harm to the public.

The commissioner may establish rules pursuant to section 327B.10 further
specifying, defining or establishing standards of conduct for manufactured home dealers
and manufacturers.

ARTICLE 5

ELECTRICAL

Section 1.

Minnesota Statutes 2004, section 326.241, is amended to read:

326.241 deleted text begin BOARD OF ELECTRICITY deleted text end new text begin ELECTRICAL ADVISORY COUNCIL;
POWERS OF COMMISSIONER new text end .

Subdivision 1.

deleted text begin Composition deleted text end new text begin Electrical Advisory Council new text end .

The deleted text begin Board of Electricity deleted text end
new text begin Electrical Advisory Council new text end shall consist of 11 members, residents of the state, appointed
by the deleted text begin governor deleted text end new text begin commissioner of labor and industry, new text end of whom two shall be representatives
of the electrical suppliers in the rural areas of the state, two shall be master electricians,
who shall be contractors, two journeyman electricians, one registered consulting electrical
engineer, two power limited technicians, who shall be technology system contractors
primarily engaged in the business of installing technology circuits or systems, and two
public members as defined by section 214.02. deleted text begin Membership terms, compensation of
members, removal of members, the filling of membership vacancies, and fiscal year
and reporting requirements shall be as provided in sections 214.07 to 214.09. The
provision of staff, administrative services and office space; the review and processing of
complaints; the setting of board fees; and other provisions relating to board operations
shall be as provided in chapter 214. deleted text end new text begin The Electrical Advisory Council shall be organized
and administered according to section 15.059, except that, notwithstanding any other law
to the contrary, the Electrical Advisory Council shall not expire. At the request of the
commissioner of labor and industry, the Electrical Advisory Council shall provide advice
to the commissioner of labor and industry on issues regarding the electrical code.
new text end

Subd. 2.

Powers new text begin of commissioner new text end .

The deleted text begin board, or the complaint committee on
behalf of the board where authorized by law, deleted text end new text begin commissioner of labor and industry new text end shall
have power to:

(1) deleted text begin Elect its own officers.
deleted text end

deleted text begin (2) deleted text end Engage and fix the compensation of inspectors, and hire employees. deleted text begin The salary
of the executive secretary shall be established pursuant to chapter 43A. deleted text end All agents and
employees other than contract inspectors shall be in the classified service and shall be
compensated pursuant to chapter 43A. All inspectors shall hold licenses as master or
journeyman electricians under section 326.242, subdivision 1(1) or 2(1), and shall give
bond in an amount fixed by the deleted text begin board deleted text end new text begin commissioner of labor and industry new text end , conditioned
upon the faithful performance of their duties.

deleted text begin (3) Pay such other expenses as it may deem necessary in the performance of its
duties, including rent, supplies, and such like.
deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end Enforce the provisions of sections 326.241 to 326.248, and provide, upon
request, such additional voluntary inspections and reviews as deleted text begin it deleted text end new text begin the commissioner of
labor and industry new text end may deem appropriate.

deleted text begin (5) Issue, renew, refuse to renew, suspend, temporarily suspend, and revoke licenses,
censure licensees, assess civil penalties, issue cease and desist orders, and seek injunctive
relief and civil penalties in court as authorized by section and other provisions
of Minnesota law.
deleted text end

deleted text begin (6) deleted text end new text begin (3) new text end Adopt reasonable rules to carry out deleted text begin its deleted text end new text begin the new text end duties new text begin of the commissioner of
labor and industry new text end under sections 326.241 to 326.248 and to provide for the amount
and collection of fees for inspection and other services. All rules shall be adopted in
accordance with chapter 14.

Subd. 3.

Fees and finances; disposition.

All fees collected under the provisions of
sections 326.241 to 326.248 are to be credited to a special account in the state treasury.
Money in the account is appropriated to the deleted text begin Board of Electricity deleted text end new text begin Department of Labor and
Industry new text end to administer and enforce sections 326.241 to 326.248, to pay indirect costs, to
compensate contract electrical inspectors for inspections performed, and to make refunds.

Sec. 2.

Minnesota Statutes 2004, section 326.242, subdivision 9i, is amended to read:

Subd. 9i.

Cooperation required.

A person who is the subject of an investigation, or
who is questioned in connection with an investigation, by or on behalf of the deleted text begin board or its
complaint committee deleted text end new text begin commissioner of labor and industry new text end shall cooperate fully with the
investigation. Cooperation includes, but is not limited to:

(1) responding fully and promptly to questions raised by or on behalf of the deleted text begin board
or its complaint committee deleted text end new text begin commissioner of labor and industry new text end relating to the subject
of the investigation;

(2) providing copies of records in the person's possession related to the matter under
investigation as requested by the deleted text begin board, its complaint committee, deleted text end new text begin commissioner of labor
and industry new text end or the attorney general within the time limit set by the deleted text begin board, its complaint
committee, deleted text end new text begin commissioner of labor and industry new text end or the attorney general;

(3) assisting the deleted text begin board, its complaint committee, deleted text end new text begin commissioner of labor and industry
new text end or the attorney general in its investigation; and

(4) appearing at conferences or hearings scheduled by the deleted text begin board or its complaint
committee deleted text end new text begin commissioner of labor and industry new text end .

Sec. 3.

Minnesota Statutes 2004, section 326.243, is amended to read:

326.243 SAFETY STANDARDS.

All electrical wiring, apparatus and equipment for electric light, heat and power,
technology circuits or systems shall comply with the rules of the deleted text begin department of Commerce
or the deleted text end Department of Labor and Industry deleted text begin , as applicable, deleted text end and be installed in conformity
with accepted standards of construction for safety to life and property. For the purposes
of this chapter, the rules and safety standards stated at the time the work is done in
the then most recently published edition of the National Electrical Code as adopted by
the National Fire Protection Association, Inc. and approved by the American National
Standards Institute, and the National Electrical Safety Code as published by the Institute
of Electrical and Electronics Engineers, Inc. and approved by the American National
Standards Institute, shall be prima facie evidence of accepted standards of construction
for safety to life and property; provided further, that in the event a Minnesota Building
Code is formulated pursuant to section 16B.61, containing approved methods of electrical
construction for safety to life and property, compliance with said methods of electrical
construction of said Minnesota Building Code shall also constitute compliance with this
section, and provided further, that nothing herein contained shall prohibit any political
subdivision from making and enforcing more stringent requirements than set forth herein
and such requirements shall be complied with by all licensed electricians working within
the jurisdiction of such political subdivisions.

Sec. 4.

Minnesota Statutes 2004, section 326.247, is amended to read:

326.247 CONTINUITY.

deleted text begin Persons deleted text end new text begin Individuals new text end now members of the deleted text begin board deleted text end new text begin Electrical Advisory Council new text end shall
remain deleted text begin in office deleted text end new text begin on the Electrical Advisory Council new text end until the expiration of the terms to
which they were appointed. deleted text begin Board rules, forms, policies and classifications of special
electricians now in effect, and not in conflict herewith, shall continue until lawfully
modified or repealed.
deleted text end

ARTICLE 6

PLUMBING

Section 1.

Minnesota Statutes 2004, section 326.42, subdivision 1, is amended to read:

Subdivision 1.

Application.

Applications for plumber's license shall be made to
the deleted text begin state deleted text end commissioner of deleted text begin health deleted text end new text begin labor and industry new text end , with fee. Unless the applicant is
entitled to a renewal, the applicant shall be licensed by the deleted text begin state deleted text end commissioner of deleted text begin health deleted text end
new text begin labor and industry new text end only after passing a satisfactory examination by the examiners showing
fitness. Examination fees for both journeyman and master plumbers shall be in an amount
deleted text begin prescribed by the state commissioner of health pursuant to deleted text end new text begin set forth in new text end section 144.122 new text begin ,
paragraph (f) new text end . Upon being notified that of having successfully passed the examination
for original license the applicant shall submit an application, with the license fee herein
provided. License fees shall be in an amount deleted text begin prescribed by the state commissioner of
health pursuant to deleted text end new text begin set forth in new text end section 144.122 new text begin , paragraph (f) new text end . Licenses shall expire and
be renewed as prescribed new text begin in rule new text end by the commissioner deleted text begin pursuant to section 144.122 deleted text end new text begin of
labor and industry new text end .

ARTICLE 7

WATER CONDITIONING CONTRACTORS AND INSTALLERS

Section 1.

Minnesota Statutes 2004, section 326.57, subdivision 1, is amended to read:

Subdivision 1.

Rules.

The deleted text begin state deleted text end commissioner of deleted text begin health deleted text end new text begin labor and industry new text end shall,
by rule, prescribe minimum standards which shall be uniform, and which standards shall
thereafter be effective for all new water conditioning servicing and water conditioning
installations, including additions, extensions, alterations, and replacements 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, county or town in which
located. deleted text begin Such rules, upon approval of the attorney general and their legal publication, shall
have the force of law, and the violation of any part thereof shall constitute a misdemeanor
and may be enjoined by the attorney general.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 326.60, subdivision 3, is amended to read:

Subd. 3.

Rules.

The deleted text begin state deleted text end commissioner of deleted text begin health deleted text end new text begin labor and industry new text end shall:

(a) prescribe rules, not inconsistent herewith, for the licensing of water conditioning
contractors and installers;

(b) license water conditioning contractors and installers;

(c) prescribe rules not inconsistent herewith for the examining of water conditioning
contractors and installers prior to first granting a license as a water conditioning contractor
or water conditioning installer; and

(d) collect an examination fee from each examinee for a license as a water
conditioning contractor and a fee from each examinee for a license as a water conditioning
installer in an amount deleted text begin prescribed by the state commissioner of health pursuant to deleted text end new text begin set
forth in new text end section 144.122 new text begin , paragraph (f) new text end . A water conditioning installer must successfully
pass the examination for water conditioning contractors before being licensed as a water
conditioning contractor.

ARTICLE 8

RESIDENTIAL BUILDING CONTRACTOR AND REMODELER STATUTES

Section 1.

Minnesota Statutes 2004, section 326.87, subdivision 1, is amended to read:

Subdivision 1.

Standards.

The commissioner new text begin of labor and industry new text end , in consultation
with the council, may adopt standards for continuing education requirements and course
approval. The standards must include requirements for continuing education in the
implementation of energy codes applicable to buildings and other building codes designed
to conserve energy. Except for the course content, the standards must be consistent
with the standards established for real estate agents and other professions licensed by
the Department of Commerce. At a minimum, the content of one hour of any required
continuing education must contain information on lead abatement rules and safe lead
abatement procedures.

Sec. 2.

Minnesota Statutes 2004, section 326.91, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Cause deleted text end new text begin Grounds new text end .

deleted text begin The commissioner may by order deny, suspend, or
revoke any license or may censure a licensee, and may impose a civil penalty as provided
for in section 45.027, subdivision 6, if the commissioner finds that the order is in the
public interest, and that the applicant, licensee, or affiliate of an applicant or licensee, or
other agent, owner, partner, director, governor, shareholder, member, officer, qualifying
person, or managing employee of the applicant or licensee or any person occupying a
similar status or performing similar functions: deleted text end new text begin In addition to the grounds set forth in
section 326B.082, subdivision 11, the commissioner may deny, suspend, limit, place
conditions on, or revoke a license or certificate of exemption, or may censure the person
holding the license or certificate of exemption, if the applicant, licensee, certificate of
exemption holder, qualified person, or affiliate of an applicant, licensee, or certificate of
exemption holder, or other agent owner has:
new text end

(1) has filed an application for deleted text begin a license deleted text end new text begin licensure or a certificate of exemption new text end
which is incomplete in any material respect or contains any statement which, in light
of the circumstances under which it is made, is false or misleading with respect to any
material fact;

(2) has engaged in a fraudulent, deceptive, or dishonest practice;

(3) is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of the
business;

(4) has failed to reasonably supervise employees, agents, subcontractors, or
salespersons, or has performed negligently or in breach of contract, so as to cause injury
or harm to the public;

(5) has violated or failed to comply with any provision of sections 326.83 to 326.98
deleted text begin or deleted text end new text begin , new text end any rule or order under sections 326.83 to 326.98 new text begin or any other law, rule, or order related
to the duties and responsibilities entrusted to the commissioner new text end ;

deleted text begin (6) has been shown to be incompetent, untrustworthy, or financially irresponsible;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end has been convicted of a violation of the State Building Code or deleted text begin , in
jurisdictions that do not enforce the State Building Code, deleted text end has refused to new text begin comply with
a notice of violation or stop order issued by a certified building official, or in local
jurisdictions that have not adopted the State Building Code has refused to new text end correct a
violation of the State Building Code when the violation has been deleted text begin certified deleted text end new text begin documented
or a notice of violation or stop order issued new text end by a deleted text begin Minnesota licensed structural engineer deleted text end new text begin
certified building official has been received new text end ;

deleted text begin (8) deleted text end new text begin (7) new text end has failed to use the proceeds of any payment made to the licensee for the
construction of, or any improvement to, residential real estate, as defined in section 326.83,
subdivision 17, for the payment of labor, skill, material, and machinery contributed to the
construction or improvement, knowing that the cost of any labor performed, or skill,
material, or machinery furnished for the improvement remains unpaid;

deleted text begin (9) deleted text end new text begin (8) new text end has not furnished to the person making payment either a valid lien waiver as to
any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
or a payment bond in the basic amount of the contract price for the improvement
conditioned for the prompt payment to any person or persons entitled to payment;

deleted text begin (10) deleted text end new text begin (9) new text end has engaged in conduct which was the basis for a contractor's recovery fund
payment pursuant to section 326.975, which payment has not been reimbursed;

deleted text begin (11) deleted text end new text begin (10) new text end has engaged in bad faith, unreasonable delays, or frivolous claims in
defense of a civil lawsuit new text begin or arbitration new text end arising out of their activities as a licensee new text begin or
certificate of exemption holder new text end under this chapter;

deleted text begin (12) deleted text end new text begin (11) new text end has had a judgment entered against them for failure to make payments to
employees deleted text begin or deleted text end new text begin , new text end subcontractors, new text begin or suppliers, that the licensee has failed to satisfy new text end and all
appeals of the judgment have been exhausted or the period for appeal has expired;

deleted text begin (13) deleted text end new text begin (12) new text end if unlicensed, has obtained a building permit by the fraudulent use of a
fictitious license number or the license number of another, or, if licensed, has knowingly
allowed an unlicensed person to use the licensee's license number for the purpose of
fraudulently obtaining a building permit; or new text begin has applied for or obtained a building permit
for an unlicensed person.
new text end

deleted text begin (14) deleted text end new text begin (13) new text end has made use of new text begin a new text end forged deleted text begin mechanics' deleted text end new text begin mechanic's new text end lien deleted text begin waivers deleted text end new text begin waiver new text end
under chapter 514 deleted text begin . deleted text end new text begin ;
new text end

new text begin (14) has provided false, misleading or incomplete information to the commissioner
or has refused to allow a reasonable inspection of records or premises;
new text end

new text begin (15) has engaged in an act or practice whether or not the act or practice directly
involves the business for which the person is licensed, that demonstrates that the applicant
or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
unqualified to act under the license granted by the commissioner; or
new text end

new text begin (16) has failed to comply with requests for information, documents, or other requests
from the department within the time specified in the request or, if no time is specified,
within 30 days of the mailing of the request by the department.
new text end

Sec. 3.

Minnesota Statutes 2004, section 326.93, is amended to read:

326.93 SERVICE OF PROCESS deleted text begin ; NONRESIDENT LICENSING deleted text end .

deleted text begin Subdivision 1. deleted text end

deleted text begin License. deleted text end

deleted text begin A nonresident of Minnesota may be licensed as a residential
building contractor or residential remodeler upon compliance with all the provisions of
sections 326.83 to 326.991.
deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Service of process. deleted text end

deleted text begin Service of process upon a person performing work in
the state of a type that would require a license under sections 326.83 to 326.98 may be
made as provided in section 45.028.
deleted text end

new text begin Subd. 3. new text end

new text begin Procedure. new text end

new text begin Every applicant for licensure or certificate of exemption
under sections 326.83 to 326.98, shall file with the commissioner, on such form as the
commissioner may prescribe, an irrevocable consent appointing the commissioner and
successors in office to be the applicant's agent to receive service of any lawful process
in any noncriminal suit, action, or proceeding against the applicant or a successor,
executor, or administrator which arises under section 326.83 to 326.98 or any rule or order
thereunder after the consent has been filed, with the same force and validity as if served
personally on the person filing the consent. Service under this section shall be made in
compliance with subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Service on commissioner. new text end

new text begin (a) When a person, including any nonresident
of this state, engages in conduct prohibited or made actionable by sections 326.83 to
326.98, or any rule or order under those sections, and the person has not filed a consent
to service of process under subdivision 3, that conduct is equivalent to an appointment
of the commissioner and successors in office as the person's agent to receive service of
process in any noncriminal suit, action, or proceeding against the person that is based on
that conduct and is brought under sections 326.83 to 326.98, or any rule or order under
those sections, with the same force and validity as if served personally on the person filing
the consent. Service under this section shall be made in compliance with subdivision 5.
new text end

new text begin (b) Subdivision 5 applies in all other cases in which a person, including a nonresident
of this state, has filed a consent to service of process. This paragraph supersedes any
inconsistent provision of law.
new text end

new text begin (c) Subdivision 5 applies in all cases in which service of process is allowed to be
made on the commissioner.
new text end

new text begin (d) Subdivision 5 applies to any document served by the commissioner or the
department under section 326B.08.
new text end

new text begin Subd. 5. new text end

new text begin How made. new text end

new text begin Service of process under this section may be made by leaving
a copy of the process in the office of the commissioner, or by sending a copy of the process
to the commissioner by certified mail, and is not effective unless:
new text end

new text begin (1) the plaintiff, who may be the commissioner in an action or proceeding instituted
by the commissioner, sends notice of the service and a copy of the process by certified
mail to the defendant or respondent at the last known address; and
new text end

new text begin (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
before the return day of the process, if any, or within further time as the court allows.
new text end

ARTICLE 9

BOILERS; PRESSURE VESSELS; BOATS

Section 1.

Minnesota Statutes 2004, section 183.44, subdivision 3, is amended to read:

Subd. 3.

Suspension, revocation.

new text begin In addition to the grounds set forth in section
326B.082, subdivision 11, new text end the Division of Boiler Inspection may suspend or revoke the
license of any master, pilot or engineer found under the influence of drugs or alcohol when
on duty or who otherwise disregards the provisions of sections 183.375 to 183.62 or
any rule promulgated thereunder.

ARTICLE 10

CONFORMING CHANGES

Section 1. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, section 31.175, the revisor of statutes shall change the
term "Department of Health" to "Department of Labor and Industry."
new text end

new text begin (b) In Minnesota Statutes, section 103I.621, subdivision 3, paragraph (b), clause
(2), the revisor of statutes shall change the term "commissioner" to "commissioner of
labor and industry."
new text end

new text begin (c) In Minnesota Statutes, section 327.20, subdivision 1, clause (5), the revisor of
statutes shall change the term "commissioner of health" to "commissioner of labor and
industry."
new text end

new text begin (d) In Minnesota Statutes, section 327.205, the revisor of statutes shall change the
term "commissioner of administration" to "commissioner of labor and industry."
new text end

new text begin (e) In Minnesota Statutes, section 327A.01, subdivision 2, the revisor of statutes
shall change the term "commissioner of administration" to "commissioner of labor and
industry."
new text end

new text begin (f) In Minnesota Statutes, section 462A.07, subdivision 8, the revisor of statutes
shall change the term "commissioner of administration" to "commissioner of labor and
industry."
new text end

new text begin (g) In Minnesota Statutes, section 471.465, the revisor of statutes shall change the
term "commissioner of administration" to "commissioner of labor and industry."
new text end

new text begin (h) In Minnesota Statutes, section 471.466, the revisor of statutes shall change the
term "commissioner of administration" to "commissioner of labor and industry."
new text end

new text begin (i) In Minnesota Statutes, section 471.467, subdivision 1, the revisor of statutes
shall change the term "commissioner of administration" to "commissioner of labor and
industry."
new text end

new text begin (j) In Minnesota Statutes, section 471.471, the revisor of statutes shall change the
term "Building Code and Standards Division of the Department of Administration"
to "Department of Labor and Industry," and shall change the term "commissioner of
administration" to "commissioner of labor and industry."
new text end

Sec. 2.

Minnesota Statutes 2004, section 144.99, subdivision 1, is amended to read:

Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and
sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12),
(13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to
144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992;
deleted text begin 326.37 to 326.45; 326.57 deleted text end new text begin 326.70 new text end to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and
all rules, orders, stipulation agreements, settlements, compliance agreements, licenses,
registrations, certificates, and permits adopted or issued by the department or under any
other law now in force or later enacted for the preservation of public health may, in
addition to provisions in other statutes, be enforced under this section.

Sec. 3.

Minnesota Statutes 2004, section 175.16, subdivision 1, is amended to read:

Subdivision 1.

Established.

The Department of Labor and Industry shall consist
of the following divisions: Division of Workers' Compensation, Division of deleted text begin Boiler
Inspection deleted text end new text begin Construction Codes and Licensing new text end , Division of Occupational Safety and
Health, Division of Statistics, deleted text begin Division of Steamfitting Standards, deleted text end Division of Labor
Standards and Apprenticeship, and such other divisions as the commissioner of the
Department of Labor and Industry may deem necessary and establish. Each division of
the department and persons in charge thereof shall be subject to the supervision of the
commissioner of the Department of Labor and Industry and, in addition to such duties
as are or may be imposed on them by statute, shall perform such other duties as may be
assigned to them by the commissioner. Notwithstanding any other law to the contrary,
the commissioner is the administrator and supervisor of all of the department's dispute
resolution functions and personnel and may delegate authority to compensation judges
and others to make determinations under sections 176.106, 176.238, and 176.239 and to
approve settlement of claims under section 176.521.

Sec. 4.

Minnesota Statutes 2004, section 214.01, subdivision 3, is amended to read:

Subd. 3.

Non-health-related licensing board.

"Non-health-related licensing
board" means the Board of Teaching established pursuant to section 122A.07, the Board
of Barber Examiners established pursuant to section 154.22, the Board of Assessors
established pursuant to section 270.41, the Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant
to section 326.04, deleted text begin the Board of Electricity established pursuant to section 326.241, deleted text end the
Private Detective and Protective Agent Licensing Board established pursuant to section
326.33, the Board of Accountancy established pursuant to section 326A.02, and the Peace
Officer Standards and Training Board established pursuant to section 626.841.

Sec. 5.

Minnesota Statutes 2005 Supplement, section 214.04, subdivision 1, is
amended to read:

Subdivision 1.

Services provided.

(a) The deleted text begin commissioner of administration with
respect to the Board of Electricity; the deleted text end commissioner of education with respect to the
Board of Teaching; the commissioner of public safety with respect to the Board of Private
Detective and Protective Agent Services; the panel established pursuant to section
299A.465, subdivision 7; the Board of Peace Officer Standards and Training; and the
commissioner of revenue with respect to the Board of Assessors, shall provide suitable
offices and other space, joint conference and hearing facilities, examination rooms, and
the following administrative support services: purchasing service, accounting service,
advisory personnel services, consulting services relating to evaluation procedures and
techniques, data processing, duplicating, mailing services, automated printing of license
renewals, and such other similar services of a housekeeping nature as are generally
available to other agencies of state government. Investigative services shall be provided
the boards by employees of the Office of Attorney General. The commissioner of health
with respect to the health-related licensing boards shall provide mailing and office supply
services and may provide other facilities and services listed in this subdivision at a
central location upon request of the health-related licensing boards. The commissioner of
commerce with respect to the remaining non-health-related licensing boards shall provide
the above facilities and services at a central location for the remaining non-health-related
licensing boards. The legal and investigative services for the boards shall be provided
by employees of the attorney general assigned to the departments servicing the boards.
Notwithstanding the foregoing, the attorney general shall not be precluded by this section
from assigning other attorneys to service a board if necessary in order to insure competent
and consistent legal representation. Persons providing legal and investigative services
shall to the extent practicable provide the services on a regular basis to the same board
or boards.

(b) The requirements in paragraph (a) with respect to the panel established in section
299A.465, subdivision 7, expire July 1, 2008.

Sec. 6.

Minnesota Statutes 2004, section 214.04, subdivision 3, is amended to read:

Subd. 3.

Officers; staff.

The executive director of each health-related board and
the executive secretary of each non-health-related board shall be the chief administrative
officer for the board but shall not be a member of the board. The executive director or
executive secretary shall maintain the records of the board, account for all fees received
by it, supervise and direct employees servicing the board, and perform other services as
directed by the board. The executive directors, executive secretaries, and other employees
of the following boards shall be hired by the board, and the executive directors or executive
secretaries shall be in the unclassified civil service, except as provided in this subdivision:

(1) Dentistry;

(2) Medical Practice;

(3) Nursing;

(4) Pharmacy;

(5) Accountancy;

(6) Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design;

(7) Barber Examiners;

(8) Cosmetology;

deleted text begin (9) Electricity;
deleted text end

deleted text begin (10) deleted text end new text begin (9) new text end Teaching;

deleted text begin (11) deleted text end new text begin (10) new text end Peace Officer Standards and Training;

deleted text begin (12) deleted text end new text begin (11) new text end Social Work;

deleted text begin (13) deleted text end new text begin (12) new text end Marriage and Family Therapy;

deleted text begin (14) deleted text end new text begin (13) new text end Dietetics and Nutrition Practice; and

deleted text begin (15) deleted text end new text begin (14) new text end Licensed Professional Counseling.

The executive directors or executive secretaries serving the boards are hired by those
boards and are in the unclassified civil service, except for part-time executive directors
or executive secretaries, who are not required to be in the unclassified service. Boards
not requiring full-time executive directors or executive secretaries may employ them on
a part-time basis. To the extent practicable, the sharing of part-time executive directors
or executive secretaries by boards being serviced by the same department is encouraged.
Persons providing services to those boards not listed in this subdivision, except executive
directors or executive secretaries of the boards and employees of the attorney general, are
classified civil service employees of the department servicing the board. To the extent
practicable, the commissioner shall ensure that staff services are shared by the boards
being serviced by the department. If necessary, a board may hire part-time, temporary
employees to administer and grade examinations.

Sec. 7.

Minnesota Statutes 2004, section 327.20, subdivision 1, is amended to read:

Subdivision 1.

Rules.

No domestic animals or house pets of occupants of
manufactured home parks or recreational camping areas shall be allowed to run at large,
or commit any nuisances within the limits of a manufactured home park or recreational
camping area. Each manufactured home park or recreational camping area licensed under
the provisions of sections 327.10, 327.11, 327.14 to 327.28 shall, among other things,
provide for the following, in the manner hereinafter specified:

(1) A responsible attendant or caretaker shall be in charge of every manufactured
home park or recreational camping area at all times, who shall maintain the park or
area, and its facilities and equipment in a clean, orderly and sanitary condition. In any
manufactured home park containing more than 50 lots, the attendant, caretaker, or other
responsible park employee, shall be readily available at all times in case of emergency.

(2) All manufactured home parks shall be well drained and be located so that the
drainage of the park area will not endanger any water supply. No wastewater from
manufactured homes or recreational camping vehicles shall be deposited on the surface of
the ground. All sewage and other water carried wastes shall be discharged into a municipal
sewage system whenever available. When a municipal sewage system is not available, a
sewage disposal system acceptable to the state commissioner of health shall be provided.

(3) No manufactured home shall be located closer than three feet to the side lot lines
of a manufactured home park, if the abutting property is improved property, or closer than
ten feet to a public street or alley. Each individual site shall abut or face on a driveway
or clear unoccupied space of not less than 16 feet in width, which space shall have
unobstructed access to a public highway or alley. There shall be an open space of at least
ten feet between the sides of adjacent manufactured homes including their attachments
and at least three feet between manufactured homes when parked end to end. The space
between manufactured homes may be used for the parking of motor vehicles and other
property, if the vehicle or other property is parked at least ten feet from the nearest
adjacent manufactured home position. The requirements of this paragraph shall not apply
to recreational camping areas and variances may be granted by the state commissioner
of health in manufactured home parks when the variance is applied for in writing and in
the opinion of the commissioner the variance will not endanger the health, safety, and
welfare of manufactured home park occupants.

(4) An adequate supply of water of safe, sanitary quality shall be furnished at each
manufactured home park or recreational camping area. The source of the water supply
shall first be approved by the state Department of Health.

(5) All plumbing shall be installed in accordance with the rules of the state
commissioner of deleted text begin health deleted text end new text begin labor and industry new text end and the provisions of the Minnesota Plumbing
Code.

(6) In the case of a manufactured home park with less than ten manufactured homes,
a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of
the park in times of severe weather conditions, such as tornadoes, high winds, and floods.
The shelter or evacuation plan shall be developed with the assistance and approval of
the municipality where the park is located and shall be posted at conspicuous locations
throughout the park. The park owner shall provide each resident with a copy of the
approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.
Nothing in this paragraph requires the Department of Health to review or approve any
shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan
submitted by a park shall not be grounds for action against the park by the Department of
Health if the park has made a good faith effort to develop the plan and obtain municipal
approval.

(7) A manufactured home park with ten or more manufactured homes, licensed prior
to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the
evacuation of park residents to a safe place of shelter within a reasonable distance of the
park for use by park residents in times of severe weather, including tornadoes and high
winds. The shelter or evacuation plan must be approved by the municipality by March 1,
1989. The municipality may require the park owner to construct a shelter if it determines
that a safe place of shelter is not available within a reasonable distance from the park. A
copy of the municipal approval and the plan shall be submitted by the park owner to the
Department of Health. The park owner shall provide each resident with a copy of the
approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c.

(8) A manufactured home park with ten or more manufactured homes, receiving
a primary license after March 1, 1988, must provide the type of shelter required by
section 327.205, except that for manufactured home parks established as temporary,
emergency housing in a disaster area declared by the President of the United States or
the governor, an approved evacuation plan may be provided in lieu of a shelter for a
period not exceeding 18 months.

(9) For the purposes of this subdivision, "park owner" and "resident" have the
meaning given them in section 327C.01.

ARTICLE 11

FISCAL CHANGES; APPROPRIATIONS

Section 1.

Minnesota Statutes 2004, section 16B.61, subdivision 1a, is amended to read:

Subd. 1a.

Administration by commissioner.

The commissioner shall administer
and enforce the State Building Code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall establish appropriate permit,
plan review, deleted text begin and deleted text end inspection fees new text begin , and surcharges new text end for public buildings and state licensed
facilities. deleted text begin Fees and surcharges for public buildings and state licensed facilities must be
remitted to the commissioner, who shall deposit them in the state treasury for credit to
the special revenue fund.
deleted text end

Municipalities other than the state having an agreement with the commissioner
for code administration and enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including surcharge, to be paid directly to the
jurisdiction by the applicant seeking authorization to construct a public building or a state
licensed facility. The commissioner shall sign an agreement with a municipality other than
the state for plan review, code administration, and code enforcement service for public
buildings and state licensed facilities in the jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to provide those services
and if the commissioner determines that the municipality has enough adequately trained
and qualified building inspectors to provide those services for the construction project.

The commissioner may direct the state building official to assist a community that
has been affected by a natural disaster with building evaluation and other activities related
to building codes.

Administration and enforcement in a municipality under this section must apply
any optional provisions of the State Building Code adopted by the municipality. A
municipality adopting any optional code provision shall notify the state building official
within 30 days of its adoption.

The commissioner shall administer and enforce the provisions of the code relating to
elevators statewide, except as provided for under section 16B.747, subdivision 3.

Sec. 2.

Minnesota Statutes 2004, section 16B.65, subdivision 1, is amended to read:

Subdivision 1.

Designation.

deleted text begin By January 1, 2002, deleted text end Each municipality shall designate
a building official to administer the code. A municipality may designate no more than one
building official responsible for code administration defined by each certification category
established in rule. Two or more municipalities may combine in the designation of a
building official for the purpose of administering the provisions of the code within their
communities. In those municipalities for which no building officials have been designated,
the state building official may use whichever state employees are necessary to perform
the duties of the building official until the municipality makes a temporary or permanent
designation. All costs incurred by virtue of these services rendered by state employees
must be borne by the involved municipality and receipts arising from these services must
be paid deleted text begin into the state treasury and credited to the special revenue fund deleted text end new text begin to the commissioner new text end .

Sec. 3.

Minnesota Statutes 2004, section 16B.65, subdivision 5a, is amended to read:

Subd. 5a.

Administrative action and penalties.

The commissioner shall, by rule,
establish a graduated schedule of administrative actions for violations of sections 16B.59
to 16B.75 and rules adopted under those sections. The schedule must be based on and
reflect the culpability, frequency, and severity of the violator's actions. The commissioner
may impose a penalty from the schedule on a certification holder for a violation of sections
16B.59 to 16B.75 and rules adopted under those sections. The penalty is in addition to
any criminal penalty imposed for the same violation. deleted text begin Administrative monetary penalties
imposed by the commissioner must be paid to the special revenue fund. deleted text end

Sec. 4.

Minnesota Statutes 2004, section 16B.70, subdivision 2, is amended to read:

Subd. 2.

Collection and reports.

All permit surcharges must be collected by each
municipality and a portion of them remitted to the state. Each municipality having a
population greater than 20,000 people shall prepare and submit to the commissioner once
a month a report of fees and surcharges on fees collected during the previous month
but shall retain the greater of two percent or that amount collected up to $25 to apply
against the administrative expenses the municipality incurs in collecting the surcharges.
All other municipalities shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount collected up to $25 to apply
against the administrative expenses the municipalities incur in collecting the surcharges.
The report, which must be in a form prescribed by the commissioner, must be submitted
together with a remittance covering the surcharges collected by the 15th day following
the month or quarter in which the surcharges are collected. deleted text begin All money collected by the
commissioner through surcharges and other fees prescribed by sections 16B.59 to 16B.75
shall be deposited in the state government special revenue fund and is appropriated to the
commissioner for the purpose of administering and enforcing the State Building Code
under sections 16B.59 to 16B.75. deleted text end

Sec. 5.

Minnesota Statutes 2004, section 326.992, is amended to read:

326.992 BOND REQUIREMENT; GAS, HEATING, VENTILATION, AIR
CONDITIONING, REFRIGERATION (G/HVACR) CONTRACTORS.

(a) A person contracting to do gas, heating, ventilation, cooling, air conditioning,
fuel burning, or refrigeration work must give bond to the state in the amount of
$25,000 for all work entered into within the state. The bond must be for the benefit of
persons suffering financial loss by reason of the contractor's failure to comply with the
requirements of the State Mechanical Code. A bond given to the state must be filed with
the commissioner deleted text begin of administration deleted text end new text begin of labor and industry new text end and is in lieu of all other bonds
to any political subdivision required for work covered by this section. The bond must be
written by a corporate surety licensed to do business in the state.

(b) The commissioner deleted text begin of administration deleted text end new text begin of labor and industry new text end may charge each
person giving bond under this section an annual bond filing fee of $15. deleted text begin The money must
be deposited in a special revenue fund and is appropriated to the commissioner to cover
the cost of administering the bond program.
deleted text end

Sec. 6.

new text begin [326B.04] DEPOSIT OF MONEY.
new text end

new text begin Subdivision 1. new text end

new text begin Construction code fund. new text end

new text begin There is created in the state treasury
a construction code fund as a special revenue fund for the purpose of administering this
chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those
sections, except penalties, is credited to the construction code fund unless otherwise
specifically designated by law. Any interest or profit accruing from investment of these
sums is credited to the construction code fund. All money collected in the construction
code fund is appropriated to the commissioner of labor and industry to administer and
enforce the provisions of the laws identified in this section.
new text end

new text begin Unless otherwise provided by law, all penalties assessed under this chapter, section
327.35, and chapter 327B are credited to the assigned risk safety account established
by section 79.253.
new text end

new text begin Subd. 2. new text end

new text begin Deposits. new text end

new text begin All remaining balances as of June 30, 2006, in the state
government special revenue fund and special revenue fund accounts maintained for
the Building Codes and Standards Division, Board of Electricity, and plumbing and
engineering unit are transferred to the construction code fund. Unless otherwise
specifically designated by law: (1) all money collected under chapter 183 and sections
16B.59 to 16B.76; 144.122, paragraph (f); 326.241 to 326.248; 326.37 to 326.521; 326.57
to 326.65; 326.83 to 326.992; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties,
is credited to the construction code fund; (2) all fees collected under section 45.23 in
connection with continuing education for residential contractors, residential remodelers,
and residential roofers are credited to the construction code fund; and (3) all penalties
assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under
sections 144.99 to 144.993 in connection with any violation of sections 326.37 to 326.45
or 326.57 to 326.65 or the rules adopted under those sections are credited to the assigned
risk safety account established by section 79.253.
new text end

Sec. 7.

Minnesota Statutes 2004, section 327.33, subdivision 2, is amended to read:

Subd. 2.

Fees.

The commissioner shall by rule establish reasonable fees for seals,
installation seals and inspections which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.35. The commissioner shall also establish by
rule a monitoring inspection fee in an amount that will comply with the secretary's fee
distribution program. This monitoring inspection fee shall be an amount paid by the
manufacturer for each manufactured home produced in Minnesota. The monitoring
inspection fee shall be paid by the manufacturer to the secretary. The rules of the
fee distribution program require the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and conditionally approved
based on the number of new manufactured homes whose first location after leaving the
manufacturer is on the premises of a distributor, dealer or purchaser in that state. deleted text begin All
money collected by the commissioner through fees prescribed by sections 327.31 to
327.36 shall be deposited in the state government special revenue fund and is appropriated
to the commissioner for the purpose of administering and enforcing the Manufactured
Home Building Code under sections 327.31 to 327.36. deleted text end

Sec. 8.

Minnesota Statutes 2004, section 327.33, subdivision 6, is amended to read:

Subd. 6.

Authorization as agency.

The commissioner shall apply to the secretary
for approval of the commissioner as the administrative agency for the regulation of
manufactured homes under the rules of the secretary. The commissioner may make
rules for the administration and enforcement of department responsibilities as a state
administrative agency including, but not limited to, rules for the handling of citizen's
complaints. All money received for services provided by the commissioner or the
department's authorized agents as a state administrative agency shall be deposited in
the deleted text begin general deleted text end new text begin construction code new text end fund. The commissioner is charged with the adoption,
administration, and enforcement of the Manufactured Home Construction and Safety
Standards, consistent with rules and regulations promulgated by the United States
Department of Housing and Urban Development. The commissioner may adopt the
rules, codes, and standards necessary to enforce the standards promulgated under this
section. The commissioner is authorized to conduct hearings and presentations of views
consistent with regulations adopted by the United States Department of Housing and
Urban Development and to adopt rules in order to carry out this function.

Sec. 9.

Minnesota Statutes 2004, section 327B.04, subdivision 7, is amended to read:

Subd. 7.

Fees; licenses; when granted.

Each application for a license or license
renewal must be accompanied by a fee in an amount established by the commissioner
by rule pursuant to section 327B.10. The fees shall be set in an amount which over
the fiscal biennium will produce revenues approximately equal to the expenses which
the commissioner expects to incur during that fiscal biennium while administering and
enforcing sections 327B.01 to 327B.12. deleted text begin All money collected by the commissioner
through fees prescribed in sections 327B.01 to 327B.12 shall be deposited in the state
government special revenue fund and is appropriated to the commissioner for purposes of
administering and enforcing the provisions of this chapter. deleted text end The commissioner shall grant
or deny a license application or a renewal application within 60 days of its filing. If the
license is granted, the commissioner shall license the applicant as a dealer or manufacturer
for the remainder of the calendar year. Upon application by the licensee, the commissioner
shall renew the license for a two year period, if:

(a) the renewal application satisfies the requirements of subdivisions 3 and 4;

(b) the renewal applicant has made all listings, registrations, notices and reports
required by the commissioner during the preceding year; and

(c) the renewal applicant has paid all fees owed pursuant to sections 327B.01 to
327B.12 and all taxes, arrearages, and penalties owed to the state.

Sec. 10.

Minnesota Statutes 2004, section 471.471, subdivision 4, is amended to read:

Subd. 4.

Application process.

A person seeking a waiver shall apply to the
deleted text begin Building Code and Standards Division of the deleted text end Department of deleted text begin Administration deleted text end new text begin Labor and
Industry new text end on a form prescribed by the board and pay a $70 fee new text begin to the construction code
fund new text end . The division shall review the application to determine whether it appears to be
meritorious, using the standards set out in subdivision 3. The division shall forward
applications it considers meritorious to the board, along with a list and summary of
applications considered not to be meritorious. The board may require the division to
forward to it an application the division has considered not to be meritorious. The board
shall issue a decision on an application within 90 days of its receipt. A board decision
to approve an application must be unanimous. An application that contains false or
misleading information must be rejected.

Sec. 11. new text begin APPROPRIATIONS; REDUCTIONS.
new text end

new text begin Subdivision 1. new text end new text begin Department of Commerce. new text end

new text begin The fiscal year 2007 appropriation from
the general fund for the Department of
Commerce administrative services made
under Laws 2005, First Special Session
chapter 1, article 3, section 4, subdivision 4, is
reduced by $89,000 and the fiscal year 2007
appropriation from the general fund for the
Department of Commerce market assurance
made under Laws 2005, First Special Session
chapter 1, article 3, section 4, subdivision 5,
is reduced by $459,000 to reflect the transfer
of the residential contractor and remodeling
unit to the construction code fund.
new text end

new text begin Subd. 2. new text end new text begin Labor and Industry. new text end

new text begin The fiscal year 2007 appropriation from the
general fund for the Department of Labor
and Industry workplace services made under
Laws 2005, First Special Session chapter 1,
article 3, section 7, subdivision 3, is reduced
by $2,178,000 to reflect the transfer of the
boiler and high-pressure piping unit to the
construction code fund.
new text end

new text begin The Department of Labor and Industry must
perform an analysis of all fees collected
by the Construction Codes and Licensing
Division and submit recommendations for
fee adjustments to the 2007 legislature.
new text end

new text begin On or before June 30, 2007, the commissioner
of labor and industry shall transfer
$1,759,000 from the construction code fund,
created in article 3, section 6, to the general
fund.
new text end

new text begin Subd. 3. new text end new text begin Department of Health. new text end

new text begin The fiscal year 2007 appropriation from the
state government special revenue fund for
the Department of Health health protection
made under Laws 2005, First Special Session
chapter 4, article 9, section 3, subdivision
4, is reduced by $1,831,000 to reflect the
transfer of the plumbing and engineering unit
to the construction code fund.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 16B.747, subdivision 4; 183.375, subdivision
5; 326.241, subdivision 3; 326.44; 326.52; and 326.64, new text end new text begin and new text end new text begin Minnesota Statutes 2005
Supplement, section 183.545, subdivision 9, new text end new text begin are repealed.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2006.
new text end

ARTICLE 12

REPEALER; EFFECTIVE DATE

Section 1. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2004, sections 183.52; 183.61, subdivisions 1, 3, 5, and 6;
326.01, subdivision 6h; 326.242, subdivisions 9, 9a, 9b, 9c, 9d, 9e, 9f, 9g, 9h, 9j, and 9k;
326.244, subdivision 6; 326.246; 326.2461; 326.51; 326.521; and 327B.05, subdivisions
2, 3, 4, 5, and 6, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 3800.2650; 3800.3580; 3800.3750; 3800.3835;
4715.5600; and 4717.7000, subpart 1, item I, new text end new text begin are repealed.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective December 1, 2006, except when another date is specified. The
revisor's instructions contained in this act shall be implemented for the 2006 edition of
Minnesota Statutes.
new text end