SF 909

as introduced - 89th Legislature (2015 - 2016) Posted on 02/17/2015 08:57am

A bill for an act
relating to building codes; regulating the heating, ventilating, and cooling
occupation; proposing coding for new law in Minnesota Statutes, chapter 326B.

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

Section 1. new text begin PURPOSE.
new text end

new text begin Minnesota Statutes, sections 326B.201 to 326B.204 are intended to protect the
health, safety, and welfare of the public as well as public and private property by ensuring
the competence of those who perform work on heating, ventilating, and cooling systems.
new text end

Sec. 2.

new text begin [326B.201] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 326B.201 to 326B.204, 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 Direct supervision. new text end

new text begin "Direct supervision" means:
new text end

new text begin (1) an unlicensed individual is being supervised by an individual licensed to perform
the HVC work being supervised; and
new text end

new text begin (2) during the entire working day of the unlicensed individual, the licensed individual
is physically present at the location where the unlicensed individual is performing work
and immediately available to the unlicensed individual for assistance and direction. new text end

new text begin
Direct supervision may not be done electronically. The licensed individual shall
review the work performed by the unlicensed individual before the HVC work is operated.
The licensed individual must determine that all work performed by the unlicensed
individual is performed in compliance with applicable building code.
new text end

new text begin Subd. 3. new text end

new text begin HVC. new text end

new text begin "HVC" means the air handling equipment and air distribution
systems for heating, ventilating, and cooling.
new text end

new text begin Subd. 4. new text end

new text begin HVC contractor. new text end

new text begin "HVC contractor" means a person who performs or
offers to perform any HVC installation with or without compensation, who is licensed as
an HVC contractor by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin HVC master. new text end

new text begin "HVC master" means an individual having the necessary
qualifications, training, and experience to perform the planning or supervision of the
design, installation, service, or repair of heating, ventilating, and cooling systems and is
otherwise lawfully qualified to conduct the business of HVC, and who is familiar with the
laws and rules governing the same.
new text end

new text begin Subd. 6. new text end

new text begin HVC journeyworker. new text end

new text begin "HVC journeyworker" means an individual, other
than an HVC master, who, as a principal occupation, is engaged as an employee of, or
otherwise working under the direction of, an HVC master in the design, installation,
service, and repair of HVC, as applicable.
new text end

new text begin Subd. 7. new text end

new text begin HVC apprentice. new text end

new text begin "HVC apprentice" means an individual employed in the
trade of the practical construction and installation of HVC systems under an apprenticeship
agreement approved by the department under Minnesota Rules, part 5200.0290.
new text end

new text begin Subd. 8. new text end

new text begin Unlicensed individual. new text end

new text begin "Unlicensed individual" means an individual who
has not been licensed by the commissioner to perform specific HVC work. An unlicensed
individual shall not perform HVC work required to be performed by a licensed individual
unless the individual has first registered with the department as an unlicensed individual.
Thereafter, an unlicensed individual shall not perform HVC work required to be performed
by a licensed individual unless the work is performed under the direct supervision of an
individual actually licensed to perform such work. The licensed individual and unlicensed
individual must be employed by the same employer. Licensed individuals shall not permit
unlicensed individuals to perform HVC work except under the direct supervision of an
individual licensed to perform the work. Licensed individuals shall supervise no more
than two unlicensed individuals.
new text end

Sec. 3.

new text begin [326B.202] LICENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Commissioner's duties. new text end

new text begin The commissioner shall:
new text end

new text begin (1) license HVC contractors, HVC masters, and HVC journeyworkers; and
new text end

new text begin (2) collect the fees required by section 326B.092.
new text end

new text begin Subd. 2. new text end

new text begin HVC master. new text end

new text begin (a) Except as otherwise provided by law, an individual shall
not perform or supervise HVC work unless:
new text end

new text begin (1) the individual is licensed by the commissioner as an HVC master; and
new text end

new text begin (2) the HVC work is for a licensed contractor, and the individual is:
new text end

new text begin (i) an employee, partner, or officer of the contractor; or
new text end

new text begin (ii) the licensed contractor, or the HVC work is performed for the individual's
employer on HVC apparatus, equipment, or facilities that are owned or leased by the
employer and that are located within the limits of property operated, maintained, and
either owned or leased by the employer.
new text end

new text begin (b) An applicant for an HVC master license shall have at least one year of
experience, acceptable to the commissioner, as a licensed journeyworker, or shall have
had at least five years' experience, acceptable to the commissioner, in planning for, laying
out, supervising, and installing HVC apparatus or equipment.
new text end

new text begin Subd. 3. new text end

new text begin HVC journeyworker. new text end

new text begin (a) Except as otherwise provided by law, no
individual shall perform and supervise any HVC work except for planning or laying
out of work unless:
new text end

new text begin (1) the individual is licensed by the commissioner as an HVC journeyworker; or
new text end

new text begin (2) the HVC work is for a contractor and the individual is an employee, partner, or
officer of the licensed contractor.
new text end

new text begin (b) An applicant for an HVC journeyworker license shall have:
new text end

new text begin (1) had at least four years of experience, acceptable to the commissioner, installing
and repairing HVC apparatus or equipment;
new text end

new text begin (2) completed an HVC program at an accredited college or university; or
new text end

new text begin (3) completed an HVC-registered apprenticeship program.
new text end

new text begin Subd. 4. new text end

new text begin Examination. new text end

new text begin In addition to the other requirements described in this
section and sections 326B.091 to 326B.098, prior to issuance of a personal license, each
applicant must pass a written or oral examination developed and administered by the
commissioner to ensure the competence of each applicant for license. An oral examination
shall be administered only to an applicant who furnishes a written statement from a
certified teacher or other professional trained in the area of reading disabilities stating that
the applicant has a specific reading disability which would prevent the applicant from
performing satisfactorily on a written test. The oral examination shall be structured so that
an applicant who passes the examination will not impair the applicant's own safety or that
of others while acting as a licensed individual.
new text end

new text begin Subd. 5. new text end

new text begin Journeyworker exam. new text end

new text begin An HVC apprentice or registered unlicensed
individual who has completed four years of practical HVC experience is eligible to take
the HVC journeyworker examination. Up to 24 months of practical HVC experience prior
to becoming an HVC apprentice or registered unlicensed individual may be applied to the
four-year experience requirement; however, none of this practical HVC experience may be
applied if the individual did not have any practical HVC experience in the 12-month period
immediately prior to becoming an HVC apprentice or registered unlicensed individual.
new text end

new text begin Subd. 6. new text end

new text begin Qualifications for licensing. new text end

new text begin An HVC master license shall be issued only to
an individual who has demonstrated skill in planning, superintending, and servicing HVC
installations and has successfully passed the examination developed and administered by
the commissioner for HVC masters. An HVC journeyworker license shall only be issued
to an individual other than an HVC master who has demonstrated practical knowledge of
HVC installation and has successfully passed the examination developed and administered
by the commissioner for HVC journeyworkers. An HVC journeyworker must successfully
pass the examination for HVC masters before being licensed as an HVC master.
new text end

new text begin Subd. 7. new text end

new text begin Waiver. new text end

new text begin The commissioner shall, through ......., waive the written
examination requirements and prior experience requirements for an HVC journeyworker
or HVC master license if the applicant can demonstrate to the satisfaction of the
commissioner that the applicant has five or more years of experience prior to .......,
which is of a nature that the commissioner deems sufficient to demonstrate continuous
professional competency consistent with that expected of an individual who passes the
applicable licensing examination which the applicant would otherwise be required to pass.
new text end

new text begin Subd. 8. new text end

new text begin Registration of unlicensed individuals. new text end

new text begin All unlicensed individuals,
other than HVC apprentices, shall register with the commissioner in order to assist in the
practical construction and installation of HVC while employed as a licensed HVC business
by completing and submitting to the commissioner a registration form provided by the
commissioner with all fees required by section 326B.092. Registrations of unlicensed
individuals expire one year from the date of original issuance or renewal.
new text end

new text begin Subd. 9. new text end

new text begin Contractor's license required. new text end

new text begin Except as otherwise provided by law, no
individual other than an employee, partner, or officer of a licensed contractor shall perform
or offer to perform HVC work with or without compensation unless the individual obtains
a contractor's license. A contractor's license does not qualify its holder to perform or
supervise the electrical work authorized by holding any class of personal license.
new text end

new text begin Subd. 10. new text end

new text begin Bond required. new text end

new text begin As a condition of licensing, each contractor shall give
and maintain bond to the state in the sum of $25,000, conditioned upon the faithful and
lawful performance of all work contracted for or performed by the contractor within the
state of Minnesota and such bond shall be for the benefit of persons injured or suffering
financial loss by reason of failure of such performance. The bond shall be filed with the
commissioner and is in lieu of all other license bonds to any other political subdivision. The
bond shall be written by a corporate surety licensed to do business in the state of Minnesota.
new text end

new text begin Subd. 11. new text end

new text begin Insurance required. new text end

new text begin A contractor shall have and maintain in effect
general liability insurance which includes premises and operations insurance and products
and completed operations insurance with limits of at least $100,000 per occurrence,
$300,000 aggregate limit for bodily injury, and property damage insurance with limits of
at least $50,000, or a policy with a single limit for bodily injury and property damage of
$300,000 per occurrence and $300,000 aggregate limits. The insurance shall be written
by an insurer licensed to do business in the state. A contractor shall maintain on file
with the commissioner a certificate evidencing the insurance. In the event of a policy
cancellation, the insurer shall send written notice to the commissioner at the same time
that a cancellation request is received from or a notice is sent to the insured.
new text end

new text begin Subd. 12. new text end

new text begin Employment of HVC master. new text end

new text begin (a) Each contractor must designate a
responsible HVC master who shall be responsible for the performance of all HVC work in
accordance with the requirements of sections 326B.202 to 326B.204, all rules adopted
under these sections, and all orders issued under section 326B.082.
new text end

new text begin (b) Each HVC contractor must designate a responsible licensed HVC master who
shall be responsible for the performance of all HVC installation in accordance with the
requirements of sections 326B.202 to 326B.204, all rules adopted under sections 326B.xx
to 326B.xx, and all orders issued under section 326B.082. If the HVC contractor is an
individual or sole proprietorship, the responsible licensed master must be the individual,
proprietor, or managing employee. If the HVC contractor is a partnership, the responsible
licensed master must be a general partner or managing employee. If the HVC contractor
is a limited liability company, the responsible licensed master must be a chief manager
or managing employee. If the HVC 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 HVC work on behalf of the HVC contractor and cannot be employed in any
capacity as an HVC master or HVC journeyworker for any other HVC contractor. An
individual must not be the responsible licensed master for more than one HVC contractor.
new text end

new text begin (c) All applications and renewals for contractor licenses shall include a verified
statement that the applicant or licensee has complied with this subdivision.
new text end

Sec. 4.

new text begin [326B.203] FEES; RENEWAL.
new text end

new text begin (a) Each initial HVC master and HVC journeyworker license shall expire on ....... of
the year after the year in which the application is made.
new text end

new text begin (b) Each HVC master and HVC journeyworker license shall be required to be
renewed every two years.
new text end

new text begin (c) All HVC contractor licenses shall expire on December 31 of each even-numbered
year after issuance or renewal.
new text end

new text begin (d) For purposes of calculating license fees and renewal fees required under section
326B.092:
new text end

new text begin (1) an HVC journeyworker license shall be considered a journeyworker license;
new text end

new text begin (2) an HVC master license shall be considered a master license; and
new text end

new text begin (3) an HVC contractor license shall be considered a business license.
new text end

Sec. 5.

new text begin [326B.204] RECIPROCITY.
new text end

new text begin (a) The commissioner may enter into reciprocity agreements for personal licenses
with another state. The commissioner may issue a personal license without requiring the
applicant to pass an examination provided the applicant:
new text end

new text begin (1) submits an application under this section;
new text end

new text begin (2) pays the application and examination fee and license fee required under section
326B.092; and
new text end

new text begin (3) holds a valid comparable license in the state participating in the agreement.
new text end

new text begin (b) Agreements under this section are subject to the following:
new text end

new text begin (1) parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to Minnesota's;
new text end

new text begin (2) the experience and training requirements under which an individual applicant
qualified for examination in the qualifying state must be deemed equal to or greater than
required for an applicant making application in Minnesota at the time the applicant
acquired the license in the qualifying state;
new text end

new text begin (3) the applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota.
A lesser class of license may be granted where the applicant has acquired a greater
class of license in the qualifying state and the applicant otherwise meets the conditions
of this section;
new text end

new text begin (4) at the time of application, the applicant must hold a valid license in the qualifying
state and have held the license continuously for at least one year before making application
in Minnesota;
new text end

new text begin (5) an applicant is not eligible for a license under this section if the applicant has
failed the same or greater class of license examination in Minnesota, or if the applicant's
license of the same or greater class has been revoked or suspended; and
new text end

new text begin (6) an applicant who has failed to renew a personal license for two years or more
after its expiration is not eligible for a license under this section.
new text end

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

new text begin Sections 1 to 4 are effective ..................
new text end