SF 1819

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to building officials; requiring adoption and
application of certain competency and certification
criteria; providing for continuing education; amending
Minnesota Statutes 2004, section 16B.65, subdivisions
3, 7; proposing coding for new law in Minnesota
Statutes, chapter 16B.

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

Section 1.

new text begin [16B.655] CONSTRUCTION CODE INSPECTORS.
new text end

new text begin Subdivision 1. new text end

new text begin Competency criteria. new text end

new text begin (a) The commissioner
must adopt rules establishing a schedule of required competency
criteria for individuals serving as construction code
inspectors. Competency criteria must include certifications
developed or administered by any nationally recognized testing
agency. Required competency criteria must be relevant to the
building, mechanical, and plumbing codes adopted in Minnesota.
new text end

new text begin (b) A person possessing a valid state plumbing or
mechanical license or a valid mechanical certificate of
competency, as issued by a city of the first class, shall be
deemed to have met all of the requirements needed to perform
inspections for the scope of work that is regulated by that
license or certificate of competency and is exempt from the
requirements of this subdivision.
new text end

new text begin (c) For purposes of this section, "construction code
inspectors" means building inspectors, mechanical inspectors,
plumbing inspectors, combination inspectors, and plan examiners
under the direction of a designated certified building official.
new text end

new text begin Subd. 2. new text end

new text begin Requirement. new text end

new text begin All construction code inspectors
who are newly employed on or after July 1, 2007, must, within
one year of hire, comply with the competency criteria
established under subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2004, section 16B.65,
subdivision 3, is amended to read:

Subd. 3.

Certification.

The commissioner shall new text begin adopt
rules to establish certification criteria as proof of
qualification under subdivision 2. The commissioner may new text end :

(1) prepare and conduct 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 new text begin or administered new text end by nationally
recognized testing agencies, as proof of qualification pursuant
to subdivision 2; or

(3) determine qualifications by deleted text begin both clauses (1) and
deleted text end new text begin clause new text end (2) new text begin and satisfactory completion of a mandatory training
program established by the commissioner new text end .

Upon a determination of qualification under clause (1),
(2), or deleted text begin both of them deleted text end new text begin (3) new text end , the commissioner shall issue a
certificate to the building official stating that the official
is certified. Each person applying for examination deleted text begin and deleted text end new text begin or
new text end certification pursuant to this section shall pay a nonrefundable
fee of $70. 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.

deleted text begin The Department of Employee Relations may, at the request of
the commissioner, provide statewide testing services.
deleted text end

Sec. 3.

Minnesota Statutes 2004, section 16B.65,
subdivision 7, is amended to read:

Subd. 7.

Continuing education.

Subject to sections
16B.59 to 16B.75, the commissioner may by rule establish or
approve continuing education programs for municipal building
officials new text begin and construction code inspectors new text end dealing with matters
of building code administration, inspection, and
enforcement. new text begin The programs must include information and
materials regarding changes in relevant Minnesota Rules.
new text end

Each person certified as a building official for the state
must satisfactorily complete applicable educational programs
established or approved by the commissioner every three calendar
years to retain certification.

Each person certified as a building official must submit in
writing to the commissioner an application for renewal of
certification within 60 days of the last day of the third
calendar year following the last certificate issued. Each
application for renewal must be accompanied by proof of
satisfactory completion of minimum continuing education
requirements and the certification renewal fee established by
the commissioner.