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SF 1689

as introduced - 89th Legislature (2015 - 2016) Posted on 08/21/2015 03:08pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to construction codes; modifying water conditioning installation
requirements; amending Minnesota Statutes 2014, sections 326B.50,
subdivisions 3, 4, by adding subdivisions; 326B.55; proposing coding for new
law in Minnesota Statutes, chapter 326B.

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

Section 1.

Minnesota Statutes 2014, section 326B.50, subdivision 3, is amended to read:


Subd. 3.

Water conditioning installation.

"Water conditioning installation" means
the installation of appliances, appurtenances, and fixtures designed to treat water so as to
alter, modify, add or remove mineral, chemical or bacterial content, said installation to be
made in a water distribution system deleted text beginserving a single family residential unit,deleted text end which has
been initially established by a licensed plumbernew text begin with the appropriate bypass, shut-off, or
isolation valve
new text end, and does not involvenew text begin piping greater than two inches or new text end a direct connection
without an air gap to a soil or waste pipe.new text begin Water conditioning installation in a single
family residential unit may involve a licensed master or journeyman plumber or a water
conditioning master or journeyman installing a bypass, shut-off, or isolation valve and
extending piping for treated or untreated water to established fixtures.
new text end

Sec. 2.

Minnesota Statutes 2014, section 326B.50, subdivision 4, is amended to read:


Subd. 4.

Water conditioning servicing.

"Water conditioning servicing" means
the deleted text beginservicing (including servicing prior to installation) of adeleted text endnew text begin repair and maintenance of
an existing
new text end water conditioning installationdeleted text begin.deleted text endnew text begin, including media loading, adjustment, or
exchange of any components within the installation, but not including any plumbing
involving untreated water to or treated water from the existing installation.
new text end

Sec. 3.

Minnesota Statutes 2014, section 326B.50, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Direct supervision. new text end

new text begin The term "direct supervision," with respect to direct
supervision of a registered unlicensed individual, means that:
new text end

new text begin (1) at all times while the registered unlicensed individual is performing water
conditioning installation work, a direct supervisor is present at the location where the
registered unlicensed individual is working;
new text end

new text begin (2) the direct supervisor is physically present and immediately available to the
registered unlicensed individual at all times for assistance and direction;
new text end

new text begin (3) any form of electronic supervision does not meet the requirement of being
physically present;
new text end

new text begin (4) the direct supervisor reviews the water conditioning installation work performed
by the registered unlicensed individual before the water conditioning installation is
operated; and
new text end

new text begin (5) the direct supervisor determines that all water conditioning installation work
performed by the registered unlicensed individual is performed in compliance with
sections 326B.50 to 326B.59, all rules adopted under these sections, the Minnesota
Plumbing Code, and all orders issued under section 326B.082.
new text end

Sec. 4.

Minnesota Statutes 2014, section 326B.50, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Direct supervisor. new text end

new text begin "Direct supervisor" means a master plumber,
journeyman plumber, water conditioning master, or water conditioning journeyman
responsible for providing direct supervision of a registered unlicensed individual.
new text end

Sec. 5.

Minnesota Statutes 2014, section 326B.55, is amended to read:


326B.55 LICENSING; QUALIFICATIONS; RULES.

Subdivision 1.

Licensing.

(a) Except as provided in paragraph (d), no individual
shall perform water conditioning installation deleted text beginor water conditioning servicingdeleted text end unless
licensed by the commissioner as a master plumber, journeyman plumber, water
conditioning master, or water conditioning journeyman, or, in all areas of the state except
in cities and towns with a population of more than 5,000 according to the last federal
census, as a restricted master plumber or restricted journeyman plumber.

(b) Except as provided in paragraph deleted text begin(e)deleted text endnew text begin (d)new text end, no person shall perform or offer to
perform water conditioning installation deleted text beginor water conditioning servicingdeleted text end with or without
compensation unless the person obtains a water conditioning contractor's license. A water
conditioning contractor's license does not of itself qualify its holder to perform the water
conditioning installation deleted text beginor water conditioning servicingdeleted text end authorized by holding a water
conditioning master or water conditioning journeyman license.

(c) Except as provided in paragraph (d), no person shall engage in or work at the
business of water conditioning installation deleted text beginor servicingdeleted text end anywhere in the state unless at
all times an individual licensed as a master plumber or water conditioning master by the
commissioner, who is responsible for the proper installation deleted text beginand servicingdeleted text end, is in charge
of the water conditioning installation deleted text beginand servicing workdeleted text end.

If a water conditioning contractor employs a licensed master, restricted master,
journeyman or restricted journeyman plumber, or a licensed water conditioning master
or journeyman, then the licensed individual does not need a separate water conditioning
contractor license to perform water conditioning installation deleted text beginor servicingdeleted text end on behalf of the
employer within the scope of the individual's plumber license.

(d) No water conditioning contractor, water conditioning master, or water
conditioning journeyman license is required:

(1) for exchanges of portable water conditioning equipment; or

(2) new text beginfor water conditioning servicing; or
new text end

new text begin (3) new text endfor an individual to perform water conditioning work that complies with the
minimum standards prescribed by the Plumbing Board on premises or that part of premises
owned and occupied by the individual as a residence, unless otherwise prohibited by a
local ordinance. The scope of work that a master plumber, restricted master plumber,
journeyman plumber, or restricted journeyman plumber is authorized to perform as an
employee of a licensed water conditioning contractor shall be limited to the scope of work
that the licensed water conditioning contractor is licensed to perform.

Subd. 2.

Qualifications for licensing.

(a) A water conditioning master license shall
be issued only to an individual who has demonstrated skill in planning, superintending,
deleted text beginanddeleted text end servicingnew text begin, and installingnew text end water conditioning installations, and has successfully passed
the examination for water conditioning masters. A water conditioning journeyman license
shall only be issued to an individual other than a water conditioning master who has
demonstrated practical knowledge of water conditioning installation, and has successfully
passed the examination for water conditioning journeymen. A water conditioning
journeyman must successfully pass the examination for water conditioning masters before
being licensed as a water conditioning master.

(b) Each water conditioning contractor must designate a responsible licensed master
plumber or a responsible licensed water conditioning master, who shall be responsible for
the performance of all water conditioning installation deleted text beginand servicingdeleted text end in accordance with the
requirements of sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to
326B.59, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If
the water conditioning contractor is an individual or sole proprietorship, the responsible
licensed master must be the individual, proprietor, or managing employee. If the water
conditioning contractor is a partnership, the responsible licensed master must be a general
partner or managing employee. If the water conditioning contractor is a limited liability
company, the responsible licensed master must be a chief manager or managing employee.
If the water conditioning 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 water
conditioning work on behalf of the water conditioning contractor and cannot be employed
in any capacity as a water conditioning master or water conditioning journeyman for any
other water conditioning contractor. An individual must not be the responsible licensed
master for more than one water conditioning contractor.

(c) All applications and renewals for water conditioning contractor licenses shall
include a verified statement that the applicant or licensee has complied with paragraph (b).

(d) Each application and renewal for a water conditioning master license, water
conditioning journeyman license, or a water conditioning contractor license shall be
accompanied by all fees required by section 326B.092.

Subd. 3.

Commissioner.

The commissioner shall:

(1) license water conditioning contractors, water conditioning masters, and water
conditioning journeymen; and

(2) collect the fees required by section 326B.092.

Subd. 4.

Plumber's apprentices.

(a) A plumber's apprentice who is registered
under section 326B.47 is authorized to assist in water conditioning installation deleted text beginand water
conditioning servicing
deleted text end only while under the direct supervision of a master plumber,
journeyman plumber, water conditioning master, or water conditioning journeyman. The
master or journeyman is responsible for ensuring that all water conditioningnew text begin installationnew text end
work performed by the plumber's apprentice complies with the plumbing code and rules
adopted under sections 326B.50 to 326B.59. The supervising master or journeyman must
be licensed and must be employed by the same employer as the plumber's apprentice.
Licensed individuals shall not permit plumber's apprentices to perform water conditioning
new text begininstallation new text endwork except under the direct supervision of an individual actually licensed
to perform such work. Plumber's apprentices shall not supervise the performance of
plumbing new text begininstallation new text endwork or make assignments of plumbing new text begininstallation new text endwork to
unlicensed individuals.

(b) Water conditioning contractors employing plumber's apprentices to perform
water conditioning work shall maintain records establishing compliance with this
subdivision that shall identify all plumber's apprentices performing water conditioning
work, and shall permit the department to examine and copy all such records.

Sec. 6.

new text begin [326B.555] REGISTERED UNLICENSED INDIVIDUALS.
new text end

new text begin Subdivision 1. new text end

new text begin Registration; supervision; records. new text end

new text begin (a) All unlicensed individuals
engaged in water conditioning installation must be registered under subdivision 3.
new text end

new text begin (b) A registered unlicensed individual is authorized to assist in water conditioning
installations in a singe family residential unit only when a master plumber, journeyman
plumber, water conditioning master, or water conditioning journeyman is available and
responsible for ensuring that all water conditioning installation work performed by the
unlicensed individual complies with the applicable provisions of the plumbing and
water conditioning codes and rules adopted pursuant to such codes. For all other water
conditioning installation work, the registered unlicensed individual must be under the
direct supervision of a responsible licensed master.
new text end

new text begin (c) Water conditioning contractors employing registered unlicensed individuals
to perform water conditioning installation work shall maintain records establishing
compliance with this subdivision that shall identify all unlicensed individuals performing
water conditioning installations, and shall permit the department to examine and copy all
such records.
new text end

new text begin Subd. 2. new text end

new text begin Journeyman exam. new text end

new text begin A registered unlicensed individual who has completed
875 hours of practical water conditioning installation, servicing, and training is eligible
to take the water conditioning journeyman examination. Up to 100 hours of practical
water conditioning installation and servicing experience prior to becoming a registered
unlicensed individual may be applied to the practical experience requirement. However,
none of this practical experience may be applied if the unlicensed individual did not
have any practical experience in the 12-month period immediately prior to becoming a
registered unlicensed individual.
new text end

new text begin Subd. 3. new text end

new text begin Registration, renewals, and fees. new text end

new text begin An unlicensed individual may register
by completing and submitting to the commissioner an application form provided by the
commissioner, with all fees required by section 326B.58. A completed application form
must state the date, the individual's age, schooling, previous experience and employer,
and other information required by the commissioner. The plumbing board may prescribe
rules, not inconsistent with this section, for the registration of unlicensed individuals.
Applications for initial registration may be submitted at any time. Registration must
be renewed annually and shall be for the period from July 1 of each year to June 30 of
the following year.
new text end