SF 1700

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2012 09:46am

A bill for an act
relating to labor and industry; eliminating the Plumbing Board; creating a
Plumbing Advisory Board; amending Minnesota Statutes 2010, section 326B.43,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
326B; repealing Minnesota Statutes 2010, section 326B.435, subdivisions 1, 3,
4, 5, 6, 7, 8, 9, 10; Minnesota Statutes 2011 Supplement, section 326B.435,
subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 326B.43, subdivision 1, is amended to read:

Subdivision 1.

Rules.

deleted text begin The Plumbing Board may, by rule, prescribe minimum
standards which shall be uniform and which shall be effective for all new plumbing
installations performed anywhere in the state, including additions, extensions, alterations,
and replacements. 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.
deleted text end

deleted text begin Except for powers granted to the Plumbing Board, deleted text end new text begin The commissioner of labor and
industry shall, by rule, and in consultation with the Plumbing Advisory Council, prescribe
minimum standards which shall be effective for all new plumbing installations performed
anywhere in the state, including additions, extensions, alterations, and replacements.
The code must conform as much as practicable to model codes generally accepted and
in use throughout the United States. Model codes with necessary modifications must be
adopted by reference according to section 14.07. Preference must be given to model
codes which are coordinated and consistent with statewide codes presently in use in the
state. To the extent possible, the code must be adopted in terms of desired results instead
of the means of achieving those results, avoiding wherever possible the incorporation of
specifications of particular methods or materials. The code must encourage the use of new
methods and new materials. 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. new text end 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. 2.

new text begin [326B.436] PLUMBING ADVISORY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Plumbing Advisory Board consists of the
following members:
new text end

new text begin (1) the commissioner or the commissioner's designee;
new text end

new text begin (2) the commissioner of health or the commissioner of health's designee; and
new text end

new text begin (3) one member, appointed by the commissioner, engaged in each of the following
occupations or industries:
new text end

new text begin (i) municipal plumbing inspectors;
new text end

new text begin (ii) municipal public water supply system operators or superintendents;
new text end

new text begin (iii) licensed architects with competency in water efficient building design;
new text end

new text begin (iv) licensed professional engineers specializing in plumbing designs or systems;
new text end

new text begin (v) water conditioning contractors;
new text end

new text begin (vi) commercial or industrial plumbing contractors;
new text end

new text begin (vii) residential plumbing contractors; and
new text end

new text begin (viii) plumbing journeymen.
new text end

new text begin (b) The commissioner or the commissioner's designee shall serve as chair of the
advisory board. For members who are not state officials or employees, compensation and
removal of members of the advisory board are governed by section 15.059. The term of
the membership of the advisory board is four years. The terms of four of the appointed
members must be coterminous with the governor and the terms of the remaining four
appointed members must end on the first Monday in January one year after the terms of
the other appointed members expire. An appointed member may be reappointed. Each
board member shall appoint an alternate to serve in the member's absence. The board is
not subject to the expiration provision of section 15.059, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Duties of board. new text end

new text begin (a) The board shall review laws, codes, rules, standards,
and licensing requirements relating to plumbing installations and may:
new text end

new text begin (1) recommend amendments to the Plumbing Code adopted by this state;
new text end

new text begin (2) review and comment on current and proposed laws and rules that regulate the
licensure or registration of plumbing contractors, journeymen, unlicensed individuals,
master plumbers, restricted master plumbers, restricted journeymen, water conditioning
contractors, and water conditioning installers, and other persons engaged in the design,
installation, and alteration of plumbing systems or engaged in or working at the business
of water conditioning installation or service, except for those individuals licensed under
section 326.02, subdivisions 2 and 3; and
new text end

new text begin (3) advise the commissioner on possible changes in rules that regulate continuing
education for individuals licensed as master plumbers, journeymen plumbers, restricted
master plumbers, restricted journeymen plumbers, water conditioning contractors, and
water conditioning installers.
new text end

new text begin (b) The board shall meet a minimum of four times each year. The board shall report
its findings and recommendations to the commissioner. The board may recommend
changes in laws or rules governing the installation of plumbing. The board, with the
consent of the commissioner, may establish subcommittees to facilitate its work. If the
board establishes subcommittees, it shall include in the subcommittees' memberships
representation from entities and organizations expressing an interest in membership. The
commissioner shall maintain a list of interested entities and organizations.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor shall replace "Plumbing Board" with "Plumbing Advisory Board"
wherever it appears in Minnesota Statutes and Minnesota Rules. The revisor may make
any necessary grammatical corrections to effectuate the intent of this section and preserve
the meaning of statutes.
new text end

new text begin (b) The revisor shall replace "326B.435" with "326B.436" wherever it appears in
Minnesota Statutes and Minnesota Rules.
new text end

new text begin (c) Upon request, staff of the Department of Labor and Industry shall assist the
revisor in the editing required in paragraphs (a) and (b).
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, section 326B.435, subdivisions 1, 3, 4, 5, 6, 7, 8,
9, and 10, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2011 Supplement, section 326B.435, subdivision 2, new text end new text begin is
repealed.
new text end