SF 1004

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to labor and industry; modifying construction codes and licensing;
adding provisions relating to high pressure piping profession; modifying previous
appropriations restrictions; extending authority to adopt rules for obtaining boiler
licenses; requiring rulemaking; amending Minnesota Statutes 2008, sections
326B.082, subdivision 12; 326B.084; 326B.43, subdivision 1; 326B.435,
subdivision 2; 326B.475, subdivision 6; 326B.52, subdivision 1; 326B.53;
326B.55, subdivision 1; 326B.59; 326B.801; 326B.921, subdivision 1, by adding
a subdivision; Laws 2008, chapter 363, article 10, section 4, subdivision 1;
repealing Minnesota Statutes 2008, section 326B.43, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 326B.082, subdivision 12, is amended to
read:

Subd. 12.

Issuance of licensing orders; hearings related to licensing orders.

(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 issue to 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.

(b) Any order issued under paragraph (a) may include an assessment of monetary
penalties and may require the person to cease and desist from committing the violation
or committing the act, conduct, or practice set out in subdivision 11, paragraph (b). The
monetary penalty may be up to $10,000 for each violation or act, conduct, or practice
committed by the person. The procedures in section 326B.083 must be followed when
issuing orders under paragraph (a).

(c) The permit holder, licensee, registrant, certificate holder, or applicant to whom
the commissioner issues an order under paragraph (a) shall have 30 days after deleted text begin service deleted text end new text begin
issuance new text end 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 by the 30th day after deleted text begin service deleted text end new text begin issuance new text end 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 by the 30th day after deleted text begin service deleted text end new text begin issuance new text end 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, the order is stayed unless the commissioner
summarily suspends the license, registration, certificate, or permit under subdivision 13,
and a contested case hearing shall be held in accordance with chapter 14.

Sec. 2.

Minnesota Statutes 2008, section 326B.084, is amended to read:

326B.084 FALSE INFORMATION.

new text begin Subdivision 1. new text end

new text begin False information. new text end

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 begin Subd. 2. new text end

new text begin Unlicensed advertising. new text end

new text begin No person shall offer to perform services for
which a license issued by the commissioner is required unless the person holds an active
license to perform those services.
new text end

Sec. 3.

Minnesota Statutes 2008, section 326B.43, subdivision 1, is amended to read:

Subdivision 1.

Rules.

The Plumbing Board may, by rule, prescribe minimum
standards which shall be uniform and which shall be effective for all new plumbing
installations new text begin performed anywhere in the state new text end , including additions, extensions, alterations,
and replacements deleted text begin 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 or town in
which the installation is to be located deleted text end . Notwithstanding the provisions of Minnesota Rules,
part 4715.3130, as they apply to review of plans and specifications, the commissioner may
allow plumbing construction, alteration, or extension to proceed without approval of the
plans or specifications by the commissioner.

Except for powers granted to the Plumbing Board, the commissioner of labor and
industry shall administer the provisions of sections 326B.42 to 326B.49 and for such
purposes may employ plumbing inspectors and other assistants.

Sec. 4.

Minnesota Statutes 2008, section 326B.435, subdivision 2, is amended to read:

Subd. 2.

Powers; duties; administrative support.

(a) The board shall have the
power to:

(1) elect its chair, vice-chair, and secretary;

(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
and containing such other provisions as may be useful and necessary for the efficient
conduct of the business of the board;

(3) adopt the plumbing code that must be followed in this state and any plumbing
code amendments thereto. The board shall adopt the plumbing code and any amendments
thereto pursuant to chapter 14 and as provided in subdivision 6, paragraphs (b), (c), and (d);

(4) review requests for final interpretations and issue final interpretations as provided
in section 326B.127, subdivision 5;

(5) except for rules regulating continuing education, adopt rules that regulate the
licensure or registration of plumbing contractors, journeymen, apprentices, master
plumbers, restricted master plumbers, deleted text begin and deleted text end restricted journeymen new text begin , water conditioning
contractors, and water conditioning installers, new text end and other persons engaged in the design,
installation, and alteration of plumbing systems new text begin or engaged in or working at the business
of water conditioning installation or service new text end , except for those individuals licensed under
section 326.02, subdivisions 2 and 3. The board shall adopt these rules pursuant to chapter
14 and as provided in subdivision 6, paragraphs (e) and (f);

(6) advise the commissioner regarding educational requirements for plumbing
inspectors;

(7) refer complaints or other communications to the commissioner, whether oral or
written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
order that the commissioner has the authority to enforce pertaining to code compliance,
licensure, or an offering to perform or performance of unlicensed plumbing services;

(8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;

(9) approve license reciprocity agreements;

(10) select from its members individuals to serve on any other state advisory council,
board, or committee; and

(11) recommend the fees for licenses and certifications.

Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
Board of High Pressure Piping Systems, the commissioner of labor and industry shall
administer and enforce the provisions of this chapter and any rules promulgated pursuant
thereto.

(b) The board shall comply with section 15.0597, subdivisions 2 and 4.

(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant
to this chapter. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner of labor and industry shall
supply necessary office space and supplies to assist the board in its duties.

Sec. 5.

Minnesota Statutes 2008, section 326B.475, subdivision 6, is amended to read:

Subd. 6.

Bond; insurance.

A restricted master deleted text begin or a restricted journeyman deleted text end plumber
licensee is subject to the bond and insurance requirements of section 326B.46, subdivision
2, unless the exemption provided by section 326B.46, subdivision 3, applies.

Sec. 6.

Minnesota Statutes 2008, section 326B.52, subdivision 1, is amended to read:

Subdivision 1.

Rulemaking by commissioner.

The commissioner 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 new text begin performed anywhere in the state new text end , including additions, extensions, alterations,
and replacements deleted text begin 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 end .

Sec. 7.

Minnesota Statutes 2008, section 326B.53, is amended to read:

326B.53 LOCAL REGULATIONS.

Any city new text begin , county, new text end or town deleted text begin with a population of 5,000 or more according to the last
federal census deleted text end may, by ordinance, adopt local regulations providing for water conditioning
permits, bonds, approval of plans, and inspections of water conditioning installations and
servicing, which regulations shall not be in conflict with the water conditioning standards
on the same subject prescribed by the commissioner. No such city new text begin , county, new text end or town shall
prohibit water conditioning contractors or installers licensed by the commissioner from
engaging in or working at the business.

Sec. 8.

Minnesota Statutes 2008, section 326B.55, subdivision 1, is amended to read:

Subdivision 1.

Licensing deleted text begin in certain cities deleted text end .

deleted text begin In any city or town having a population
of 5,000 or more according to the last federal census, deleted text end No person shall engage in or
work at the business of water conditioning installation or servicing deleted text begin after January 1,
1970, deleted text end new text begin anywhere in the state new text end unless (1) at all times an individual licensed as a water
conditioning contractor by the commissioner shall be responsible for the proper water
conditioning installation and servicing work of such person, and (2) all installations, other
than exchanges of portable equipment, are performed by a licensed water conditioning
contractor or licensed water conditioning installer. Any individual not so licensed may
perform water conditioning work that complies with the minimum standard prescribed by
the commissioner on premises or that part of premises owned and occupied by the worker
as a residence, unless otherwise prohibited by a local ordinance.

Sec. 9.

Minnesota Statutes 2008, section 326B.59, is amended to read:

326B.59 STATE LICENSE; EXAMINATION; APPLICATION; EXEMPTION.

The provisions of sections 326B.50 to deleted text begin 326B.59 deleted text end new text begin 326B.58 new text end that require licenses to
engage in the work or business of water conditioning installation, and the provisions that
provide for the examination of applicants for such licenses, deleted text begin shall only apply to work
accomplished in cities or towns having populations of 5,000 or more according to the last
federal census, and shall deleted text end new text begin do new text end not apply to master plumbers and journeymen plumbers
licensed under the provisions of sections 326B.42 to 326B.49.

Sec. 10.

Minnesota Statutes 2008, section 326B.801, is amended to read:

326B.801 SCOPE.

Except as otherwise provided by law, deleted text begin the provisions of deleted text end sections 326B.801 to
deleted text begin 326B.825 deleted text end new text begin 326B.885 new text end apply to residential contractors, residential remodelers, residential
roofers, and manufactured home installers.

Sec. 11.

Minnesota Statutes 2008, section 326B.921, subdivision 1, is amended to read:

Subdivision 1.

License required; rules; time credit.

No individual shall engage in
or work at the business of a contracting high pressure pipefitter unless issued a contracting
high pressure pipefitter license to do so by the department under rules adopted by the
board. No license shall be required for repairs on existing installations. No individual shall
engage in or work at the business of journeyman high pressure pipefitter unless issued a
journeyman high pressure pipefitter competency license to do so by the department under
rules adopted by the board. An individual possessing a contracting high pressure pipefitter
competency license may also work as a journeyman high pressure pipefitter.

No person shall construct or install high pressure piping, nor install high pressure
piping in connection with the dealing in and selling of high pressure pipe material and
supplies, unless, at all times, an individual possessing a contracting high pressure pipefitter
competency license or a journeyman high pressure pipefitter competency license is
responsible for ensuring that the high pressure pipefitting work is in conformity with
Minnesota Statutes and Minnesota Rules.

The board shall prescribe rules, not inconsistent herewith, for the examination
and competency licensing of contracting high pressure pipefitters and journeyman high
pressure pipefitters deleted text begin and for issuance of permits by the department and municipalities
for the installation of high pressure piping deleted text end .

An employee performing the duties of inspector for the department in regulating
pipefitting shall not receive time credit for the inspection duties when making an
application for a license required by this section.

Sec. 12.

Minnesota Statutes 2008, section 326B.921, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Owner maintenance program. new text end

new text begin (a) A person holding a high pressure
piping business license who is the owner or who is employed by the owner of a high
pressure piping system may request approval from the department to implement and
operate an owner maintenance program that utilizes unlicensed individuals to perform
work on existing installations of high pressure piping. Subject to written approval from
the department, the owner may use unlicensed individuals who are directly employed by
the owner to perform maintenance, repairs, and welding necessary to restore an existing
permitted high pressure piping system to a safe and satisfactory operating condition.
Unlicensed individuals may only perform maintenance and repairs necessary to restore a
high pressure piping system to its original capabilities and may not perform wholesale
replacements of high pressure piping systems. All work by unlicensed individuals must
conform to Minnesota Rules, chapter 5230. Approval of an owner maintenance program
under this subdivision does not allow repair of boilers under the authority of and as defined
by section 326B.966. Unlicensed individuals performing maintenance, repairs, or welding
authorized by this subdivision are exempt from the provisions of subdivision 3.
new text end

new text begin (b) The owner maintenance program must include organization, design control,
material control, control of work, inspection, welding, nondestructive testing, records, and
a provision for system test and inspection.
new text end

new text begin (c) The commissioner of the department may withdraw program approval, with
cause, upon the recommendation of the department. The commissioner must provide
the business with written notification of the department's intent to withdraw program
approval and the reasons for the action. The business, upon receipt of the commissioner's
notification, has 30 calendar days to implement the required corrective actions to the
satisfaction of the department. The acceptance or rejection of all corrective actions must
be made in writing by the department.
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. 13.

Laws 2008, chapter 363, article 10, section 4, subdivision 1, is amended to
read:

Subdivision 1. Base Reduction

$

-0-

$

(43,000)

$43,000 in the second year is a base
reduction. The commissioner deleted text begin must not
reduce funding available for prevailing wage
enforcement and deleted text end must fill all positions when
vacancies become available.

Sec. 14. new text begin TIME LIMIT.
new text end

new text begin Notwithstanding the lapse of the time limit to adopt rules under Minnesota Statutes,
section 14.125, the commissioner of labor and industry's authority to adopt rules under
Minnesota Statutes, section 326B.978, subdivisions 4 and 18, is extended by 18 months
following the effective date of this section.
new text end

Sec. 15. new text begin RULE CHANGE.
new text end

new text begin The Plumbing Board shall amend Minnesota Rules, part 4715.0320, subpart 1, so
that it conforms with Minnesota Statutes, section 326B.43, as amended by this act. The
Plumbing Board may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), in adopting the amendment, and Minnesota Statutes,
section 14.386, does not apply.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 326B.43, subdivision 5, new text end new text begin is repealed.
new text end