SF 1049

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:09am

A bill for an act
relating to building officials; establishing the Building Code Administrators
and Inspections Board; amending Minnesota Statutes 2010, sections 326B.133,
subdivisions 2, 3, 8, 9; 326B.135, subdivisions 1, 2; 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 [326B.128] BUILDING CODE ADMINISTRATORS AND
INSPECTIONS BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin (a) The Building Code
Administrators and Inspections Board is established and shall consist of nine members
appointed by the governor with the advice and consent of the senate. All members shall be
voting members. Appointments of members by the governor shall be made in accordance
with section 15.066. If the senate votes to refuse to consent to an appointment of a
member made by the governor, the governor shall appoint a new member with the advice
and consent of the senate. Of the nine members, the composition shall be as follows:
new text end

new text begin (1) one member shall be an architect licensed under chapter 326 or an engineer
licensed under chapter 326;
new text end

new text begin (2) two members shall be certified building officials, one from the 13-county
metropolitan area and one from greater Minnesota;
new text end

new text begin (3) one member shall be a representative of the Minnesota Building Permit
Technicians Association;
new text end

new text begin (4) one member shall represent organized labor;
new text end

new text begin (5) one member shall be the commissioner of labor and industry or the
commissioner's designee;
new text end

new text begin (6) one member shall represent the League of Minnesota Cities;
new text end

new text begin (7) one member shall be the construction programs coordinator of the Minnesota
State Colleges and Universities system and shall serve as an ex officio member of the
board; and
new text end

new text begin (8) one member shall be a public member as defined by section 214.02.
new text end

new text begin Members shall be appointed for four-year terms. The governor shall initially appoint
two members for a one-year term, two members for two-year terms, two members for
three-year terms, and two members for four-year terms. The commissioner shall be
appointed to a four-year term.
new text end

new text begin Subd. 2. new text end

new text begin Powers, duties, and administrative support. new text end

new text begin (a) The board shall have
the power to:
new text end

new text begin (1) elect its chair, vice-chair, and secretary;
new text end

new text begin (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;
new text end

new text begin (3) adopt rules that regulate the licensure and certification of building officials,
building inspectors, and construction code inspectors;
new text end

new text begin (4) adopt rules that regulate continuing education and examination requirements for
building officials, building officials limited, and accessibility specialists;
new text end

new text begin (5) select from its members individuals to serve on any other state advisory council,
board, or committee; and
new text end

new text begin (6) recommend the fees for licenses and certifications.
new text end

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin Board members shall not receive compensation or
reimbursement for expenses related to board activities.
new text end

new text begin Subd. 4. new text end

new text begin Removal; vacancy. new text end

new text begin (a) An appointed member of the board may be
removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
missing three consecutive meetings. The chair of the board shall inform the governor of an
appointed member missing the three consecutive meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall notify the
appointed member in writing that the member may be removed for missing the next
meeting. In the case of a vacancy on the board, the governor shall, with the advice
and consent of the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
new text end

new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Membership vacancy within three months of appointment.
new text end

new text begin Notwithstanding any law to the contrary, when a membership on the board becomes
vacant within three months after being filled through the appointments process, the
governor may, upon notification to the office of secretary of state, choose a new member
from the applications on hand from the vacating member's appointments process and need
not repeat the process under subdivision 1.
new text end

new text begin Subd. 6. new text end

new text begin Officers, quorum, voting. new text end

new text begin (a) The board shall elect annually from its
members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
majority of members of the board qualified to vote on the matter in question. All questions
concerning the manner in which a meeting is conducted or called that is not covered
by statute shall be determined by Robert's Rules of Order (revised) unless otherwise
specified by the bylaws.
new text end

new text begin (b) Each proposed rule and rule amendment considered by the board pursuant to
the rulemaking authority specified in subdivision 2 that receives an affirmative majority
vote of all the voting members of the board shall be included in the next rulemaking
proceeding initiated by the board. If a proposed rule or rule amendment considered or
reconsidered by the board receives less than an affirmative majority vote of all the voting
members of the board, the proposed rule or rule amendment shall not be included in the
next rulemaking proceeding initiated by the board.
new text end

new text begin (c) The board may reconsider proposed rules or rule amendments during an
active rulemaking proceeding in which the amendment previously failed to receive an
affirmative majority vote of all the voting members of the board only if new or updated
information that affects the proposed rule or rule amendment is presented to the board.
The board may also reconsider failed proposed rules or rule amendments in subsequent
rulemaking proceedings.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall hold meetings at such times as the
board shall specify. Notice and conduct of all meetings shall be pursuant to chapter 13D
and in such a manner as the bylaws may provide.
new text end

new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a
meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the board can
hear clearly all discussion and testimony and all votes of members of the board and, if
needed, receive those services required by sections 15.44 and 15.441;
new text end

new text begin (3) at least one member of the board is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin (c) Each member of the board participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
new text end

new text begin (d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The board may require the person
making such a connection to pay for documented costs that the board incurs as a result of
the additional connection.
new text end

new text begin (e) If telephone or other electronic means is used to conduct a regular, special,
or emergency meeting, the board shall provide notice of the regular meeting location,
of the fact that some members may participate by telephone or other electronic means,
and that a person may monitor the meeting electronically from a remote location. Any
person monitoring the meeting electronically from a remote location may be required to
pay documented costs incurred by the board as a result of the additional connection. The
timing and method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Data Practices Act. new text end

new text begin The board is subject to chapter 13, the Minnesota
Government Data Practices Act, and shall protect from unlawful disclosure data classified
as not public.
new text end

new text begin Subd. 9. new text end

new text begin Official records. new text end

new text begin The board shall make and preserve all records necessary
for a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

Sec. 2.

Minnesota Statutes 2010, section 326B.133, subdivision 2, is amended to read:

Subd. 2.

Qualifications.

A building official, to be eligible for designation, must
be certified and have the experience in design, construction, and supervision which the
deleted text begin commissioner deleted text end new text begin board under section 326B.128 new text end deems necessary and must be generally
informed on the quality and strength of building materials, accepted building construction
requirements, and the nature of equipment and needs conducive to the safety, comfort, and
convenience of building occupants. No person may be designated as a building official for
a municipality unless the deleted text begin commissioner deleted text end new text begin board new text end determines that the official is qualified as
provided in subdivision 3.

Sec. 3.

Minnesota Statutes 2010, section 326B.133, subdivision 3, is amended to read:

Subd. 3.

Certification criteria.

The deleted text begin commissioner deleted text end new text begin board under section 326B.128 new text end
shall by rule establish certification criteria as proof of qualification pursuant to subdivision
2. The deleted text begin commissioner deleted text end new text begin board new text end may:

(1) develop and administer written and practical examinations to determine if a
person is qualified pursuant to subdivision 2 to be a building official;

(2) accept documentation of successful completion of testing programs developed
and administered by nationally recognized testing agencies, as proof of qualification
pursuant to subdivision 2; or

(3) determine qualifications by satisfactory completion of clause (2) and a mandatory
training program developed or approved by the deleted text begin commissioner deleted text end new text begin board new text end .

Upon a determination of qualification under clause (1), (2), or (3), the commissioner
shall issue a certificate to the building official stating that the official is certified. The
commissioner or a designee may establish categories of certification that will recognize
the varying complexities of code enforcement in the municipalities within the state. The
commissioner shall provide educational programs designed to train and assist building
officials in carrying out their responsibilities.

Sec. 4.

Minnesota Statutes 2010, section 326B.133, subdivision 8, is amended to read:

Subd. 8.

Continuing education requirements; extension of time.

(a) This
subdivision establishes the number of continuing education units required within each
two-year certification period.

A certified building official shall accumulate 16 continuing education units in any
education program that is approved under Minnesota Rules, part 1301.1000.

A certified building official-limited shall, in each year of the initial two-year
certification period, accumulate eight continuing education units in any education program
that is approved under Minnesota Rules, part 1301.1000. Continuing education units
shall be reported annually during the initial two-year certification period by the method
established in rule. A certified building official-limited shall accumulate 16 continuing
education units for each two-year certification period thereafter in any education program
that is approved under Minnesota Rules, part 1301.1000.

An accessibility specialist must accumulate four continuing education units in any
of the programs described in Minnesota Rules, part 1301.1000, subpart 1 or 2. The four
units must be for courses relating to building accessibility, plan review, field inspection,
or building code administration.

Continuing education programs may be approved as established in rule.

(b) Subject to sections 326B.101 to 326B.194, the deleted text begin commissioner deleted text end new text begin board new text end may by rule
establish or approve continuing education programs for certified building officials dealing
with matters of building code administration, inspection, and enforcement.

Each person certified as a building official for the state must satisfactorily complete
applicable educational programs established or approved by the deleted text begin commissioner deleted text end new text begin board new text end to
renew certification.

(c) The state building official may grant an extension of time to comply with
continuing education requirements if the certificate holder requesting the extension of
time shows cause for the extension. The request for the extension must be in writing. For
purposes of this section, the certificate holder's current certification effective dates shall
remain the same. The extension does not relieve the certificate holder from complying
with the continuing education requirements for the next two-year period.

Sec. 5.

Minnesota Statutes 2010, section 326B.133, subdivision 9, is amended to read:

Subd. 9.

Renewal.

(a) Subject to sections 326B.101 to 326B.194, the deleted text begin commissioner
of labor and industry deleted text end new text begin board under section 326B.128 new text end may by rule adopt standards dealing
with renewal requirements.

(b) If the commissioner has not issued a notice of denial of application for a
certificate holder and if the certificate holder has properly and timely filed a fully completed
renewal application, then the certificate holder may continue to engage in building official
activities whether or not the renewed certificate has been received. Applications must be
made on a form approved by the commissioner. Each application for renewal must be
fully completed, and be accompanied by proof of the satisfactory completion of minimum
continuing education requirements and the certification renewal fee established by the
commissioner. Applications are timely if received prior to the expiration of the most
recently issued certificate. An application for renewal that does not contain all of the
information requested is an incomplete application and will not be accepted.

Sec. 6.

Minnesota Statutes 2010, section 326B.135, subdivision 1, is amended to read:

Subdivision 1.

Competency criteria.

deleted text begin The commissioner of labor and industry deleted text end new text begin
As provided under section 326B.128, subdivision 2, the Building Code Administrators
and Inspections Board new text end shall adopt rules establishing required competency criteria for
individuals serving as construction code inspectors. For the purpose of this section,
"construction code inspectors" means building inspectors, mechanical inspectors,
plumbing inspectors, and combination inspectors under the supervision of the building
official. Required competency criteria shall be relevant to the building, mechanical, and
plumbing codes as adopted in Minnesota.

Sec. 7.

Minnesota Statutes 2010, section 326B.135, subdivision 2, is amended to read:

Subd. 2.

Continuing education.

deleted text begin The commissioner of labor and industry deleted text end new text begin As
provided under section 326B.128, subdivision 2, the Building Code Administrators and
Inspections Board new text end shall adopt rules establishing or approving education programs for
construction inspectors related to construction inspection and administration of the State
Building Code. Each construction code inspector must satisfactorily complete continuing
education requirements as established in rule by the deleted text begin commissioner deleted text end new text begin board new text end .