SF 1717

as introduced - 87th Legislature (2011 - 2012) Posted on 02/22/2012 04:07pm

A bill for an act
relating to labor and industry; making changes to the State Building Code;
amending Minnesota Statutes 2010, sections 326B.092, subdivisions 2, 7;
326B.103, subdivision 3; Minnesota Statutes 2011 Supplement, sections
326B.46, subdivision 1a; 326B.49, subdivision 1; repealing Minnesota Rules,
parts 1301.1201; 1302.0600; 3801.3640; 3801.3650; 3801.3660; 3801.3670;
3801.3680; 3801.3690; 3801.3700; 3801.3710; 3801.3720; 3801.3730;
3801.3740; 3801.3760; 3801.3790; 3801.3800.

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

Section 1.

Minnesota Statutes 2010, section 326B.092, subdivision 2, is amended to
read:

Subd. 2.

Licenses not requiring examination administered by commissioner.

If
the applicant for a license is not required to pass an examination in order to obtain the
license, or is required to pass an examination that is not administered by the commissioner,
then the license fee must accompany the application for the license. If the application is
for a license issued under sections 326B.802 to 326B.885 and is not an application for
license renewal, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, is due deleted text begin after the department has determined that the applicant meets the
qualifications for licensing and deleted text end before the license is issued.

Sec. 2.

Minnesota Statutes 2010, section 326B.092, subdivision 7, is amended to read:

Subd. 7.

License fees and license renewal fees.

(a) The license fee for each license
deleted text begin except a renewed license shall be the base license fee plus any applicable board fee, as
set forth in this subdivision. The license renewal fee for each renewed license deleted text end is the
base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.

(b) For purposes of this section, "license duration" means the number of years for
which the license is issued except that:

(1) if the initial license is not issued for a whole number of years, the license duration
shall be rounded up to the next whole number; and

(2) if the department receives an application for license renewal after the renewal
deadline, license duration means the number of years for which the renewed license would
have been issued if the renewal application had been submitted on time and all other
requirements for renewal had been met.

(c) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyman, or business license, and on the license duration. The base
license fee shall be:

License Classification	License Duration
	1 Year	2 Years	3 Years
Entry level	$10	$20	$30
Journeyman	$20	$40	$60
Master	$40	$80	$120
Business	$90	$180	$270

(d) If there is a continuing education requirement for renewal of the license, then
a continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration is
one year; $20 if the renewal license duration is two years; and $30 if the renewal license
duration is three years.

(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to
326B.93, then a board fee must be included in the license fee and the renewal license fee.
The board fee for all license classifications shall be: $4 if the license duration is one year;
$8 if the license duration is two years; and $12 if the license duration is three years.

(f) If the application is for the renewal of a license issued under sections 326B.802
to 326B.885, then the contractor recovery fund fee required under section 326B.89,
subdivision 3, and any additional assessment required under section 326B.89, subdivision
16, must be included in the license renewal fee.

Sec. 3.

Minnesota Statutes 2010, section 326B.103, subdivision 3, is amended to read:

Subd. 3.

Agricultural building.

"Agricultural building" means a structure new text begin that is:
new text end

new text begin (1) new text end on agricultural land as deleted text begin defined in deleted text end new text begin determined by the governing assessor for the
municipality or county under new text end section 273.13, subdivision 23 deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end designed, constructed, and used to house farm implements, livestock, or
agricultural deleted text begin produce or deleted text end products new text begin under section 273.13, subdivision 23, paragraph (e); and
new text end

new text begin (3) new text end used by the owner, lessee, and sublessee of the building and members of their
immediate families, their employees, and persons engaged in the pickup or delivery of
agricultural produce or products.

Sec. 4.

Minnesota Statutes 2011 Supplement, section 326B.46, subdivision 1a, is
amended to read:

Subd. 1a.

Exemptions from licensing.

(a) An individual without a contractor
license may do plumbing work on the individual's residence in accordance with
subdivision 1, paragraph (a).

(b) An individual who is an employee working on the maintenance and repair of
plumbing equipment, apparatus, or facilities owned or leased by the individual's employer
and which is within the limits of property owned or leased, and operated or maintained by
the individual's employer, shall not be required to maintain a contractor license as long
as the employer has on file with the commissioner a current certificate of responsible
individual. The responsible individual must be a master plumber or, in an area of the
state that is not a city or town with a population of more than 5,000 according to the
last federal census, a restricted master plumber. The certificate must be signed by the
responsible individual and must state that the person signing the certificate is responsible
for ensuring that the maintenance and repair work performed by the employer's employees
complies with sections 326B.41 to 326B.49, all rules adopted under those sections and
sections 326B.50 to 326B.59, and all orders issued under section 326B.082. The employer
must pay a filing fee to file a certificate of responsible individual with the commissioner.
The certificate shall expire two years from the date of filing. In order to maintain a
current certificate of responsible individual, the employer must resubmit a certificate of
responsible individual, with a filing fee, no later than two years from the date of the
previous submittal. The filing of the certificate of responsible individual does not exempt
any employee of the employer from the requirements of this chapter regarding individual
licensing as a plumber or registration as deleted text begin a plumber's apprentice deleted text end new text begin an unlicensed individual new text end .

(c) If a contractor employs a licensed plumber, the licensed plumber does not need a
separate contractor license to perform plumbing work on behalf of the employer within
the scope of the licensed plumber's license.

(d) A person may perform and offer to perform building sewer or water service
installation without a contractor's license if the person is in compliance with the bond and
insurance requirements of subdivision 2.

Sec. 5.

Minnesota Statutes 2011 Supplement, section 326B.49, subdivision 1, is
amended to read:

Subdivision 1.

Application, examination, and license fees.

(a) Applications for
master and journeyman plumber's licenses shall be made to the commissioner, with
all fees required by section 326B.092. Unless the applicant is entitled to a renewal,
the applicant shall be licensed by the commissioner only after passing a satisfactory
examination developed and administered by the commissioner, based upon rules adopted
by the Plumbing Board, showing fitness.

(b) All initial journeyman plumber's licenses shall be effective for more than one
calendar year and shall expire on December 31 of the year after the year in which the
application is made. All master plumber's licenses shall expire on December 31 of each
even-numbered year after issuance or renewal. The commissioner shall in a manner
determined by the commissioner, without the need for any rulemaking under chapter 14,
phase in the renewal of master and journeyman plumber's licenses from one year to two
years. By June 30, 2011, all renewed master and journeyman plumber's licenses shall be
two-year licenses.

(c) Applications for contractor licenses shall be made to the commissioner, with all
fees required by section 326B.092. All contractor licenses shall expire on December 31 of
each odd-numbered year after issuance or renewal.

(d) For purposes of calculating license fees and renewal license fees required under
section 326B.092:

(1) the following licenses shall be considered business licenses: plumbing contractor
and restricted plumbing contractor;

(2) the following licenses shall be considered master licenses: master plumber and
restricted master plumber;

(3) the following licenses shall be considered journeyman licenses: journeyman
plumber and restricted journeyman plumber; and

(4) the registration of deleted text begin a plumber's apprentice deleted text end new text begin an unlicensed individual new text end under section
326B.47, subdivision 3, shall be considered an entry level license.

(e) For each filing of a certificate of responsible individual by an employer, the
fee is $100.

(f) The commissioner shall charge each person giving bond under section 326B.46,
subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a
licensed contractor.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 1301.1201; 1302.0600; 3801.3640; 3801.3650; 3801.3660;
3801.3670; 3801.3680; 3801.3690; 3801.3700; 3801.3710; 3801.3720; 3801.3730;
3801.3740; 3801.3760; 3801.3790; and 3801.3800, new text end new text begin are repealed.
new text end