SF 618

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations and professions; regulating the practice of plumbing;
requiring licenses for plumbing work statewide; amending Minnesota Statutes
2006, sections 326.38; 326.40, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 326; repealing Minnesota Statutes 2006, section
326.45.

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

Section 1.

Minnesota Statutes 2006, section 326.38, is amended to read:

326.38 LOCAL REGULATIONS.

Any city having a system of waterworks or sewerage, or any town in which reside
over 5,000 people exclusive of any statutory cities located therein, or the metropolitan
airports commission, may, by ordinance, adopt local regulations providing for plumbing
permits, bonds, approval of plans, and inspections of plumbing, which regulations are
not in conflict with the plumbing standards on the same subject prescribed by the state
commissioner of deleted text begin health deleted text end new text begin labor and industry new text end . No city or such town shall prohibit plumbers
licensed by the state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end from engaging in or
working at the business, except cities and statutory cities which, prior to April 21, 1933,
by ordinance required the licensing of plumbers. new text begin No city or town may require a license
for persons performing building sewer or water service installation who have completed
pipe laying training as prescribed by the commissioner of labor and industry. new text end Any city
by ordinance may prescribe regulations, reasonable standards, and inspections and grant
permits to any person, firm, or corporation engaged in the business of installing water
softeners, who is not licensed as a master plumber or journeyman plumber by the state
commissioner of deleted text begin health deleted text end new text begin labor and industry new text end , to connect water softening and water filtering
equipment to private residence water distribution systems, where provision has been
previously made therefor and openings left for that purpose or by use of cold water
connections to a domestic water heater; where it is not necessary to rearrange, make any
extension or alteration of, or addition to any pipe, fixture or plumbing connected with
the water system except to connect the water softener, and provided the connections so
made comply with minimum standards prescribed by the state commissioner of deleted text begin health deleted text end new text begin
labor and industry new text end .

Sec. 2.

Minnesota Statutes 2006, section 326.40, subdivision 1, is amended to read:

Subdivision 1.

License required deleted text begin ; master and journeyman plumbers deleted text end .

deleted text begin In any city
now or hereafter having 5,000 or more population, according to the last federal census,
and having a system of waterworks or sewerage, deleted text end new text begin (a) new text end No person, firm, or corporation shall
engage in or work at the business of a master plumber deleted text begin or deleted text end new text begin , restricted master plumber, new text end
journeyman plumber new text begin , and restricted journeyman plumber new text end unless licensed to do so by the
state commissioner of deleted text begin health deleted text end new text begin labor and industry new text end . new text begin A license is not required for persons
performing building sewer or water service installation who have completed pipe laying
training as prescribed by the commissioner of labor and industry. new text end A master plumber may
also work as a journeyman plumber new text begin , a restricted journeyman plumber, and a restricted
master plumber. A journeyman plumber may also work as a restricted journeyman
plumber new text end . Anyone not so licensed may do plumbing work which complies with the
provisions of the minimum standard prescribed by the state commissioner of deleted text begin health deleted text end new text begin labor
and industry new text end on premises or that part of premises owned and actually occupied by the
worker as a residence, unless otherwise forbidden to do so by a local ordinance.

deleted text begin In any such city deleted text end new text begin (b) new text end No person, firm, or corporation shall engage in the business of
installing plumbing nor install plumbing in connection with the dealing in and selling
of plumbing material and supplies unless at all times a licensed master plumber, new text begin or in
cities and towns with a population of fewer than 5,000 according to the federal census a
restricted master plumber, new text end who shall be responsible for proper installation, is in charge
of the plumbing work of the person, firm, or corporation.

The Department of deleted text begin Health deleted text end new text begin Labor and Industry new text end shall prescribe rules, not inconsistent
herewith, for the examination and licensing of plumbers.

Sec. 3.

new text begin [326.402] RESTRICTED PLUMBER LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin The commissioner of labor and industry shall grant a
restricted journeyman or master plumber license to an individual if:
new text end

new text begin (1) the individual completes an application with information required by the
commissioner of labor and industry;
new text end

new text begin (2) the completed application is accompanied by a fee of $90;
new text end

new text begin (3) the commissioner of labor and industry receives the completed application and
fee before January 1, 2008;
new text end

new text begin (4) the completed application demonstrates that the applicant has had at least two
years for a restricted journeyman plumber license or four years for a restricted master
plumber license of practical plumbing experience in the plumbing trade prior to the
application; and
new text end

new text begin (5) during the entire time for which the applicant is claiming experience in
contracting for plumbing work under clause (4), the applicant was in compliance with all
applicable requirements of section 326.40.
new text end

new text begin Subd. 2. new text end

new text begin Use of license. new text end

new text begin A restricted master plumber and restricted journeyman
plumber may engage in the plumbing trade in all areas of the state except in cities and
towns with a population of more than 5,000 according to the federal census.
new text end

new text begin Subd. 3. new text end

new text begin Application period. new text end

new text begin Applications for restricted master plumber and
restricted journeyman plumber licenses must be submitted to the commissioner prior
to January 1, 2008.
new text end

new text begin Subd. 4. new text end

new text begin Renewal; use period for license. new text end

new text begin A restricted master plumber and
restricted journeyman plumber license must be renewed annually for as long as that
licensee engages in the plumbing trade. Failure to renew a restricted master plumber and
restricted journeyman plumber license within 12 months after the expiration date will
result in permanent forfeiture of the restricted master plumber and restricted journeyman
plumber license.
new text end

new text begin Subd. 5. new text end

new text begin Prohibition of transference. new text end

new text begin A restricted master plumber and restricted
journeyman plumber license may not be transferred or sold to any other person.
new text end

new text begin Subd. 6. new text end

new text begin Bond; insurance. new text end

new text begin A restricted master plumber licensee is subject to the
bond and insurance requirements of section 326.40, subdivision 2, unless the exemption
provided by section 326.40, subdivision 3, applies.
new text end

new text begin Subd. 7. new text end

new text begin Fee. new text end

new text begin The annual fee for the restricted master plumber and restricted
journeyman plumber licenses is the same fee as for a master or journeyman plumber
license, respectively.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 326.45, new text end new text begin is repealed.
new text end