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SF 369

as introduced - 90th Legislature (2017 - 2018) Posted on 01/27/2017 08:45am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to construction codes; modifying water conditioning installation
requirements;amending Minnesota Statutes 2016, sections 326B.50, subdivisions
3, 4, by adding subdivisions; 326B.55; proposing coding for new law in Minnesota
Statutes, chapter 326B.

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

Section 1.

Minnesota Statutes 2016, section 326B.50, subdivision 3, is amended to read:


Subd. 3.

Water conditioning installation.

"Water conditioning installation" means the
installation of appliances, appurtenances, and fixtures designed to treat water so as to alter,
modify, add or remove mineral, chemical or bacterial content, said installation to be made
in a water distribution system serving:

(1) a single family residential unit, which has been initially established by a licensed
plumber, and does not involve a direct connection without an air gap to a soil or waste pipe.;
or

(2) a multifamily or nonresidential building, which has been initially established by a
licensed plumber and includes a valve that allows isolation of the water conditioning
installation, and does not involve piping greater than two-inch nominal pipe size or a direct
connection without an air gap to a soil or waste pipe.

Sec. 2.

Minnesota Statutes 2016, section 326B.50, subdivision 4, is amended to read:


Subd. 4.

Water conditioning servicing.

"Water conditioning servicing" means the
servicing (including servicing prior to installation) of a repair and maintenance of an existing
water conditioning installation., including media loading, adjustment, or exchange of any
components within the installation, but not including any plumbing involving untreated
water to or treated water from the existing installation.

Sec. 3.

Minnesota Statutes 2016, section 326B.50, is amended by adding a subdivision to
read:


Subd. 5.

Direct supervision.

The term "direct supervision," with respect to direct
supervision of a registered unlicensed individual, means that:

(1) at all times while the registered unlicensed individual is performing water conditioning
installation work, a direct supervisor is present at the location where the registered unlicensed
individual is working;

(2) the direct supervisor is physically present and immediately available to the registered
unlicensed individual at all times for assistance and direction;

(3) any form of electronic supervision does not meet the requirement of being physically
present;

(4) the direct supervisor reviews the water conditioning installation work performed by
the registered unlicensed individual before the water conditioning installation is operated;
and

(5) the direct supervisor determines that all water conditioning installation work
performed by the registered unlicensed individual is performed in compliance with sections
326B.50 to 326B.59, all rules adopted under these sections, the Minnesota Plumbing Code,
and all orders issued under section 326B.082.

Sec. 4.

Minnesota Statutes 2016, section 326B.50, is amended by adding a subdivision to
read:


Subd. 6.

Direct supervisor.

"Direct supervisor" means a master plumber, journeyman
plumber, water conditioning master, or water conditioning journeyman responsible for
providing direct supervision of a registered unlicensed individual.

Sec. 5.

Minnesota Statutes 2016, section 326B.55, is amended to read:


326B.55 LICENSING; QUALIFICATIONS; RULES.

Subdivision 1.

Licensing.

(a) Except as provided in paragraph (d), no individual shall
perform water conditioning installation or water conditioning servicing unless licensed by
the commissioner as a master plumber, journeyman plumber, water conditioning master,
or water conditioning journeyman, or, in all areas of the state except in cities and towns
with a population of more than 5,000 according to the last federal census, as a restricted
master plumber or restricted journeyman plumber.

(b) Except as provided in paragraph (e) (d), no person shall perform or offer to perform
water conditioning installation or water conditioning servicing with or without compensation
unless the person obtains a water conditioning contractor's license. A water conditioning
contractor's license does not of itself qualify its holder to perform the water conditioning
installation or water conditioning servicing authorized by holding a water conditioning
master or water conditioning journeyman license.

(c) Except as provided in paragraph (d), no person shall engage in or work at the business
of water conditioning installation or servicing anywhere in the state unless at all times an
individual licensed as a master plumber or water conditioning master by the commissioner,
who is responsible for the proper installation and servicing, is in charge of the water
conditioning installation and servicing work.

If a water conditioning contractor employs a licensed master, restricted master,
journeyman or restricted journeyman plumber, or a licensed water conditioning master or
journeyman, then the licensed individual does not need a separate water conditioning
contractor license to perform water conditioning installation or servicing on behalf of the
employer within the scope of the individual's plumber license.

(d) No water conditioning contractor, water conditioning master, or water conditioning
journeyman license is required:

(1) for exchanges of portable water conditioning equipment; or

(2) for water conditioning servicing; or

(3) for an individual to perform water conditioning work that complies with the minimum
standards prescribed by the Plumbing Board on premises or that part of premises owned
and occupied by the individual as a residence, unless otherwise prohibited by a local
ordinance. The scope of work that a master plumber, restricted master plumber, journeyman
plumber, or restricted journeyman plumber is authorized to perform as an employee of a
licensed water conditioning contractor shall be limited to the scope of work that the licensed
water conditioning contractor is licensed to perform.

Subd. 2.

Qualifications for licensing.

(a) A water conditioning master license shall be
issued only to an individual who has demonstrated skill in planning, superintending, and
servicing, and installing water conditioning installations, and has successfully passed the
examination for water conditioning masters. A water conditioning journeyman license shall
only be issued to an individual other than a water conditioning master who has demonstrated
practical knowledge of water conditioning installation, and has successfully passed the
examination for water conditioning journeymen. A water conditioning journeyman must
successfully pass the examination for water conditioning masters before being licensed as
a water conditioning master.

(b) Each water conditioning contractor must designate a responsible licensed master
plumber or a responsible licensed water conditioning master, who shall be responsible for
the performance of all water conditioning installation and servicing in accordance with the
requirements of sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to
326B.59, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If
the water conditioning contractor is an individual or sole proprietorship, the responsible
licensed master must be the individual, proprietor, or managing employee. If the water
conditioning contractor is a partnership, the responsible licensed master must be a general
partner or managing employee. If the water conditioning contractor is a limited liability
company, the responsible licensed master must be a chief manager or managing employee.
If the water conditioning contractor is a corporation, the responsible licensed master must
be an officer or managing employee. If the responsible licensed master is a managing
employee, the responsible licensed master must be actively engaged in performing water
conditioning work on behalf of the water conditioning contractor and cannot be employed
in any capacity as a water conditioning master or water conditioning journeyman for any
other water conditioning contractor. An individual must not be the responsible licensed
master for more than one water conditioning contractor.

(c) All applications and renewals for water conditioning contractor licenses shall include
a verified statement that the applicant or licensee has complied with paragraph (b).

(d) Each application and renewal for a water conditioning master license, water
conditioning journeyman license, or a water conditioning contractor license shall be
accompanied by all fees required by section 326B.092.

Subd. 3.

Commissioner.

The commissioner shall:

(1) license water conditioning contractors, water conditioning masters, and water
conditioning journeymen; and

(2) collect the fees required by section 326B.092.

Subd. 4.

Plumber's apprentices.

(a) A plumber's apprentice who is registered under
section 326B.47 is authorized to assist in water conditioning installation and water
conditioning servicing
only while under the direct supervision of a master plumber,
journeyman plumber, water conditioning master, or water conditioning journeyman. The
master or journeyman is responsible for ensuring that all water conditioning installation
work performed by the plumber's apprentice complies with the plumbing code and rules
adopted under sections 326B.50 to 326B.59. The supervising master or journeyman must
be licensed and must be employed by the same employer as the plumber's apprentice.
Licensed individuals shall not permit plumber's apprentices to perform water conditioning
installation work except under the direct supervision of an individual actually licensed to
perform such work. Plumber's apprentices shall not supervise the performance of plumbing
installation work or make assignments of plumbing installation work to unlicensed
individuals.

(b) Water conditioning contractors employing plumber's apprentices to perform water
conditioning work shall maintain records establishing compliance with this subdivision that
shall identify all plumber's apprentices performing water conditioning work, and shall permit
the department to examine and copy all such records.

Sec. 6.

[326B.555] REGISTERED UNLICENSED INDIVIDUALS.

Subdivision 1.

Registration; supervision; records.

(a) All unlicensed individuals
engaged in water conditioning installation must be registered under subdivision 3.

(b) A registered unlicensed individual is authorized to assist in water conditioning
installations in a singe family residential unit only when a master plumber, journeyman
plumber, water conditioning master, or water conditioning journeyman is available and
responsible for ensuring that all water conditioning installation work performed by the
unlicensed individual complies with the applicable provisions of the plumbing and water
conditioning codes and rules adopted pursuant to such codes. For all other water conditioning
installation work, the registered unlicensed individual must be under the direct supervision
of a responsible licensed master.

(c) Water conditioning contractors employing registered unlicensed individuals to perform
water conditioning installation work shall maintain records establishing compliance with
this subdivision that shall identify all unlicensed individuals performing water conditioning
installations, and shall permit the department to examine and copy all such records.

Subd. 2.

Journeyman exam.

A registered unlicensed individual who has completed
875 hours of practical water conditioning installation, servicing, and training is eligible to
take the water conditioning journeyman examination. Up to 100 hours of practical water
conditioning installation and servicing experience prior to becoming a registered unlicensed
individual may be applied to the practical experience requirement. However, none of this
practical experience may be applied if the unlicensed individual did not have any practical
experience in the 12-month period immediately prior to becoming a registered unlicensed
individual.

Subd. 3.

Registration, renewals, and fees.

An unlicensed individual may register by
completing and submitting to the commissioner an application form provided by the
commissioner, with all fees required by section 326B.58. A completed application form
must state the date, the individual's age, schooling, previous experience and employer, and
other information required by the commissioner. The plumbing board may prescribe rules,
not inconsistent with this section, for the registration of unlicensed individuals. Applications
for initial registration may be submitted at any time. Registration must be renewed annually
and shall be for the period from July 1 of each year to June 30 of the following year.

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