SF 1035

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring the commissioner of 
  1.3             health to prescribe minimum standards for all new 
  1.4             landscape irrigation system installations; requiring 
  1.5             the commissioner to license landscape irrigation 
  1.6             contractors for installations in cities or towns of 
  1.7             5,000 or more; requiring bond and insurance filings; 
  1.8             amending Minnesota Statutes 1994, sections 326.57, by 
  1.9             adding a subdivision; 326.58; 326.60; 326.601, 
  1.10            subdivisions 1, 2, 3, and 4; 326.61, by adding 
  1.11            subdivisions; and 326.62. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 326.57, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 3.  The commissioner of health shall by rule 
  1.16  prescribe minimum standards for all new landscape irrigation 
  1.17  system installations, including the testing of backflow 
  1.18  prevention devices, the approval of programs of instructions on 
  1.19  the operation and testing of backflow prevention devices and 
  1.20  other matters affecting public health. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 326.58, is 
  1.22  amended to read: 
  1.23     326.58 [LOCAL REGULATIONS.] 
  1.24     (a) Any city or town with a population of 5,000 or more 
  1.25  persons may, by ordinance, adopt local regulations providing for 
  1.26  water conditioning permits, bonds, approval of plans, and 
  1.27  inspections of water conditioning installations and servicing, 
  1.28  which regulations shall not be in conflict with the water 
  2.1   conditioning standards on the same subject prescribed by the 
  2.2   state commissioner of health.  No such city or town shall 
  2.3   prohibit water conditioning contractors or installers licensed 
  2.4   by the state commissioner of health from engaging in or working 
  2.5   at the business.  
  2.6      (b) Landscape irrigation contractors and their employees 
  2.7   who are licensed pursuant to section 326.60 may not be required 
  2.8   to obtain any authorization, permit, franchise, or license from 
  2.9   or pay any fee, franchise tax, or other assessment to any 
  2.10  agency, department, board, or political subdivision of the 
  2.11  state, other than the department of health, as a condition for 
  2.12  performing landscape irrigation system installation, servicing, 
  2.13  or maintenance or backflow prevention device testing. 
  2.14     (c) A city or town with a population of 5,000 or more may 
  2.15  enact ordinances reasonably designed to identify the location of 
  2.16  existing backflow prevention devices required to be tested by 
  2.17  section 326.57, subdivision 3, and to ensure that the required 
  2.18  testing has taken place.  The ordinances must be consistent with 
  2.19  the rules and policies of the department of health and may 
  2.20  include a fee reasonably calculated to cover the actual cost of 
  2.21  the service provided.  
  2.22     Sec. 3.  Minnesota Statutes 1994, section 326.60, is 
  2.23  amended to read: 
  2.24     326.60 [LICENSING IN CERTAIN CITIES; QUALIFICATIONS; 
  2.25  RULES.] 
  2.26     Subdivision 1.  [LICENSING IN CERTAIN CITIES.] (a) In any 
  2.27  city or town now or hereafter having a population of 5,000 or 
  2.28  more according to the last federal census, no person, firm, or 
  2.29  corporation shall engage in or work at the business of water 
  2.30  conditioning installation or servicing after January 1, 1970, 
  2.31  unless (a) (1) at all times a person licensed as a water 
  2.32  conditioning contractor by the state commissioner of health 
  2.33  shall be responsible for the proper water conditioning 
  2.34  installation and servicing work of such person, firm, or 
  2.35  corporation, and (b) (2) all installations, other than exchanges 
  2.36  of portable equipment, are actually made by a licensed water 
  3.1   conditioning contractor or licensed water conditioning 
  3.2   installer.  Anyone not so licensed may do water conditioning 
  3.3   work which complies with the provisions of the minimum standard 
  3.4   prescribed by the state commissioner of health on premises or 
  3.5   that part of premises owned and actually occupied by the worker 
  3.6   as a residence, unless otherwise forbidden to do so by a local 
  3.7   ordinance.  
  3.8      (b) Beginning January 1, 1997, no person, firm, or 
  3.9   corporation shall engage in or work at the business of landscape 
  3.10  irrigation system installation in a city or town with a 
  3.11  population of 5,000 or more, unless the person or entity has 
  3.12  obtained a landscape irrigation contractor license from the 
  3.13  department of health or is an employee of a landscape irrigation 
  3.14  contractor.  Before January 1, 1997, landscape irrigation 
  3.15  contractors and their employees may install landscape irrigation 
  3.16  systems as if they were licensed.  
  3.17     Subd. 2.  [QUALIFICATIONS FOR LICENSING.] A water 
  3.18  conditioning contractor license shall be issued only to a person 
  3.19  who has demonstrated skill in planning, superintending, and 
  3.20  servicing water conditioning installations.  A water 
  3.21  conditioning installer license shall only be issued to a person 
  3.22  other than a water conditioning contractor who has demonstrated 
  3.23  practical knowledge of water conditioning installation. 
  3.24     The commissioner of health shall issue a license only to an 
  3.25  applicant who has demonstrated skill in landscape irrigation 
  3.26  system installation satisfactory to the commissioner. 
  3.27     The testing of backflow prevention devices that are 
  3.28  required to be tested by section 326.57, subdivision 3, may be 
  3.29  conducted by any person who has satisfactorily demonstrated to 
  3.30  the commissioner that the person is competent to undertake that 
  3.31  task.  Licensed landscape irrigation contractors and their 
  3.32  employees may engage in all activities involved in the 
  3.33  installation and servicing of a landscape irrigation system, 
  3.34  including testing backflow prevention devices. 
  3.35     Subd. 3.  [RULES.] The state commissioner of health shall: 
  3.36     (a) Prescribe rules, not inconsistent herewith, for the 
  4.1   licensing of water conditioning contractors and installers; 
  4.2      (b) License water conditioning contractors and installers; 
  4.3      (c) Prescribe rules not inconsistent herewith for the 
  4.4   examining of water conditioning contractors and installers prior 
  4.5   to first granting a license as a water conditioning contractor 
  4.6   or water conditioning installer; and 
  4.7      (d) Collect an examination fee from each examinee for a 
  4.8   license as a water conditioning contractor and a fee from each 
  4.9   examinee for a license as a water conditioning installer in an 
  4.10  amount prescribed by the state commissioner of health pursuant 
  4.11  to section 144.122.  A water conditioning installer must 
  4.12  successfully pass the examination for water conditioning 
  4.13  contractors before being licensed as a water conditioning 
  4.14  contractor.; 
  4.15     (e) Prescribe rules, including fees, for the licensing 
  4.16  examination, and regulation of landscape irrigation contractors; 
  4.17  and 
  4.18     (f) License landscape irrigation contractors. 
  4.19     Sec. 4.  Minnesota Statutes 1994, section 326.601, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  [BONDS.] An applicant for a water 
  4.22  conditioning contractor or installer license, or a landscape 
  4.23  irrigation contractor license, or renewal thereof who is 
  4.24  required by any political subdivision to give a bond to obtain 
  4.25  or maintain the license, may comply with any political 
  4.26  subdivision bonding requirement by giving a bond to the state in 
  4.27  the total penal sum of $3,000 conditioned upon the faithful and 
  4.28  lawful performance of all water conditioning or landscape 
  4.29  irrigation contracting or installing work done within the 
  4.30  state.  The bond shall be for the benefit of persons suffering 
  4.31  injuries or damages due to the work.  The bond shall be filed 
  4.32  with the commissioner of health and shall be written by a 
  4.33  corporate surety licensed to do business in this state.  No 
  4.34  applicant for a water conditioning contractor or installer or 
  4.35  landscape irrigation contractor license who maintains the bond 
  4.36  under this subdivision shall be otherwise required to meet the 
  5.1   bond requirements of any political subdivision. 
  5.2      Sec. 5.  Minnesota Statutes 1994, section 326.601, 
  5.3   subdivision 2, is amended to read: 
  5.4      Subd. 2.  [INSURANCE.] Each applicant for a water 
  5.5   conditioning contractor or installer license, or a landscape 
  5.6   irrigation contractor license, or renewal thereof may, in lieu 
  5.7   of all other insurance requirements of any political subdivision 
  5.8   for said licensing purposes, maintain the insurance specified by 
  5.9   this subdivision.  The insurance shall provide coverage, 
  5.10  including products liability coverage, for all damages in 
  5.11  connection with licensed work for which the licensee is liable, 
  5.12  with personal damage limits of at least $50,000 per person and 
  5.13  $100,000 per occurrence and property damage insurance with 
  5.14  limits of at least $10,000.  The insurance shall be written by 
  5.15  an insurer licensed to do business in this state and each 
  5.16  licensed water conditioning contractor or installer or landscape 
  5.17  irrigation contractor shall maintain on file with the 
  5.18  commissioner of health a certificate evidencing the insurance.  
  5.19  The insurance shall not be canceled without the insurer first 
  5.20  giving 15 days written notice to the commissioner.  
  5.21     Sec. 6.  Minnesota Statutes 1994, section 326.601, 
  5.22  subdivision 3, is amended to read: 
  5.23     Subd. 3.  [BOND AND INSURANCE EXEMPTION.] A water 
  5.24  conditioning contractor or installer who is an employee of a 
  5.25  water conditioning contractor or installer, including an 
  5.26  employee engaged in the maintenance and repair of water 
  5.27  conditioning equipment, apparatus, or facilities owned, leased 
  5.28  and operated, or maintained by the employer, or a landscape 
  5.29  irrigation contractor who is an employee of a landscape 
  5.30  irrigation contractor, is not required to meet the bond and 
  5.31  insurance requirements of subdivisions 1 and 2 or of any 
  5.32  political subdivision.  
  5.33     Sec. 7.  Minnesota Statutes 1994, section 326.601, 
  5.34  subdivision 4, is amended to read: 
  5.35     Subd. 4.  [FEE.] The commissioner of health may establish 
  5.36  by rule an additional fee commensurate with the cost of 
  6.1   administering the bond and insurance requirements of 
  6.2   subdivisions 1 and 2, which may be charged each applicant for 
  6.3   issuance or renewal of a water conditioning contractor or 
  6.4   installer license, or a landscape irrigation contractor license, 
  6.5   who elects to proceed under subdivisions 1 and 2.  
  6.6      Sec. 8.  Minnesota Statutes 1994, section 326.61, is 
  6.7   amended by adding a subdivision to read: 
  6.8      Subd. 5.  "Landscape irrigation contractor" means a person 
  6.9   or entity engaged in the business or activity of installing, 
  6.10  maintaining, or servicing landscape irrigation systems, 
  6.11  including the assemblage and connection of all related devices 
  6.12  and all related groundwork. 
  6.13     Sec. 9.  Minnesota Statutes 1994, section 326.61, is 
  6.14  amended by adding a subdivision to read: 
  6.15     Subd. 6.  "Landscape irrigation system" means any 
  6.16  assemblage of components, materials, and equipment that is 
  6.17  designed and installed for controlled dispersion of water for 
  6.18  the purposes of irrigation, dust control, erosion control, or 
  6.19  other environmental control of landscaped areas. 
  6.20     Sec. 10.  Minnesota Statutes 1994, section 326.62, is 
  6.21  amended to read: 
  6.22     326.62 [APPLICATIONS; FEES.] 
  6.23     Applications for water conditioning contractor's or 
  6.24  installer's licenses, or landscape irrigation contractor 
  6.25  licenses, shall be made to the state commissioner of health with 
  6.26  the fee prescribed by the commissioner pursuant to section 
  6.27  144.122.  Licenses shall expire and be renewed as prescribed by 
  6.28  the commissioner pursuant to section 144.122.