SF 1884

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

A bill for an act
relating to state government; repealing references in
the State Building Code to the International
Mechanical Code and replacing them with references to
the 1991 Uniform Mechanical Code with Minnesota
amendments; establishing the Board of Mechanical
Systems; transferring certain powers and duties from
the commissioner of administration to the Board of
Mechanical Systems; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2004,
sections 16B.61, subdivision 1; 16B.70, subdivisions
2, 3; proposing coding for new law in Minnesota
Statutes, chapter 16B; repealing Minnesota Rules,
parts 1346.0050; 1346.0060; 1346.0101; 1346.0102;
1346.0103; 1346.0104; 1346.0105; 1346.0106; 1346.0107;
1346.0108; 1346.0109; 1346.0110; 1346.0201; 1346.0202;
1346.0301; 1346.0306; 1346.0309; 1346.0401; 1346.0403;
1346.0404; 1346.0501; 1346.0505; 1346.0506; 1346.0507;
1346.0508; 1346.0510; 1346.0603; 1346.0604; 1346.0701;
1346.0703; 1346.0709; 1346.0801; 1346.0803; 1346.0901;
1346.1001; 1346.1003; 1346.1004; 1346.1006; 1346.1007;
1346.1011; 1346.1204; 1346.1601; 1346.1602; 1346.1603;
1346.1604; 1346.1605; 1346.1606; 1346.5050; 1346.5201;
1346.5202; 1346.5301; 1346.5303; 1346.5304; 1346.5306;
1346.5401; 1346.5402; 1346.5403; 1346.5404; 1346.5406;
1346.5407; 1346.5408; 1346.5409; 1346.5410; 1346.5501;
1346.5503; 1346.5504; 1346.5602; 1346.5620; 1346.5629;
1346.5630; 1346.5801; 1346.5802; 1346.5803; 1346.5804;
1346.5805; 1346.5806; 1346.5807; 1346.5900.

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

Section 1.

Minnesota Statutes 2004, section 16B.61,
subdivision 1, is amended to read:

Subdivision 1.

Adoption of code.

Subject to sections
16B.59 to deleted text begin 16B.75 deleted text end new text begin 16B.77 new text end , the commissioner shall by rule
establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing
matters of structural materials, design and construction, fire
protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control,
illumination, and climate control. The code must also include
duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension
and revocation of certification. The code must conform insofar
as practicable to model building codes generally accepted and in
use throughout the United States, including a code for building
conservation. In the preparation of the code, consideration
must be given to the existing statewide specialty codes
presently in use in the state. Model codes with necessary
modifications and statewide specialty codes may be adopted by
reference. The code must be based on the application of
scientific principles, approved tests, and professional
judgment. 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. To that end
the code must encourage the use of new methods and new
materials. Except as otherwise provided in sections 16B.59 to
deleted text begin 16B.75 deleted text end new text begin 16B.77 new text end , the commissioner shall administer and enforce the
provisions of those sections.

The commissioner shall develop rules addressing the plan
review fee assessed to similar buildings without significant
modifications including provisions for use of building systems
as specified in the industrial/modular program specified in
section 16B.75. Additional plan review fees associated with
similar plans must be based on costs commensurate with the
direct and indirect costs of the service.

Sec. 2.

Minnesota Statutes 2004, section 16B.70,
subdivision 2, is amended to read:

Subd. 2.

Collection and reports.

All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month but shall retain the
greater of two percent or that amount collected up to $25 to
apply against the administrative expenses the municipality
incurs in collecting the surcharges. All other municipalities
shall submit the report and surcharges on fees once a quarter
but shall retain the greater of four percent or that amount
collected up to $25 to apply against the administrative expenses
the municipalities incur in collecting the surcharges. The
report, which must be in a form prescribed by the commissioner,
must be submitted together with a remittance covering the
surcharges collected by the 15th day following the month or
quarter in which the surcharges are collected. All new text begin money
collected by the commissioner under subdivision 1 for mechanical
systems permits is appropriated to the Board of Mechanical
Systems for the purposes of section 16B.77. $....... of the
new text end money collected by the commissioner through surcharges and other
fees prescribed by sections 16B.59 to deleted text begin 16B.75 deleted text end new text begin 16B.77 new text end shall be
deposited in the state government special revenue fund and is
appropriated to the new text begin Board of Mechanical Systems for the purposes
of section 16B.77. The remainder is appropriated to the
new text end commissioner for the purpose of administering and enforcing
the new text begin remaining portions of the new text end State Building Code under sections
16B.59 to deleted text begin 16B.75 deleted text end new text begin 16B.77 new text end .

Sec. 3.

Minnesota Statutes 2004, section 16B.70,
subdivision 3, is amended to read:

Subd. 3.

Revenue to equal costs.

Revenue received from
the surcharge imposed in subdivision 1 should approximately
equal the cost, including the overhead cost, of administering
sections 16B.59 to deleted text begin 16B.75 deleted text end new text begin 16B.77 new text end . By November 30 each year, the
commissioner must report to the commissioner of finance and to
the legislature on changes in the surcharge imposed in
subdivision 1 needed to comply with this policy. In making this
report, the commissioner must assume that the services
associated with administering sections 16B.59 to deleted text begin 16B.75 deleted text end new text begin 16B.77
new text end will continue to be provided at the same level provided during
the fiscal year in which the report is made.

Sec. 4.

new text begin [16B.77] BOARD OF MECHANICAL SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Board of Mechanical
Systems consists of the following members appointed by the
governor as provided under section 15.0575:
new text end

new text begin (1) two journeymen and two contractors in the fuel systems
discipline;
new text end

new text begin (2) two journeymen and two contractors in the sheet metal
and ventilation systems discipline;
new text end

new text begin (3) two journeymen and two contractors in the refrigeration
systems discipline;
new text end

new text begin (4) two journeymen, two contractors, and two
representatives of utilities in the piping systems discipline;
new text end

new text begin (5) two journeymen and two contractors in the medical and
nonmedical gas systems discipline;
new text end

new text begin (6) one mechanical engineer; and
new text end

new text begin (7) two members of the public, as defined in section 214.02.
new text end

new text begin (b) For purposes of this section, "journeyman" means a
person with at least five years of verifiable experience in the
relevant discipline, and "contractor" means a person with at
least five years of experience operating a business that is
primarily engaged in the discipline who remains active in the
discipline during their term on the board.
new text end

new text begin (c) The board must adopt a new mechanical code no later
than four months after convening.
new text end

new text begin (d) Section 15.0575, subdivision 3, does not apply to the
board.
new text end

new text begin Subd. 2. new text end

new text begin Organization and meetings. new text end

new text begin (a) The board must
meet at least once in each quarter of the calendar year.
new text end

new text begin (b) The board must establish subcommittees in each of the
disciplines listed in subdivision 1. No member who is a
contractor or journeyman may serve on more than one
subcommittee, and the engineer appointed under subdivision 1,
clause (6), must serve on all of the subcommittees. Each
subcommittee must elect a chairperson. The subcommittee must
meet at the call of the chairperson.
new text end

new text begin Subd. 3. new text end

new text begin Powers of the board; mechanical code. new text end

new text begin The board
has the powers of the commissioner under sections 16B.59 to
16B.77 regarding all mechanical code issues, including, but not
limited to, rulemaking, interpretation, administration, and
enforcement, including appeals from local units of government.
No appeal from a decision of the board may be made to the
commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Support. new text end

new text begin The board may use the funds
appropriated to it to hire the staff necessary to conduct its
functions.
new text end

Sec. 5. new text begin RULEMAKING REQUIRED.
new text end

new text begin By November 1, 2005, the commissioner of administration
shall amend Minnesota Rules, chapter 1346, by incorporating
references to the 1991 Uniform Mechanical Code, as adopted by
Minnesota Rules, chapter 1346, in effect on July 1, 2003. The
rules are effective five working days after publication of the
notice of adoption in the State Register.
new text end

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

new text begin Minnesota Rules, parts 1346.0050; 1346.0060; 1346.0101;
1346.0102; 1346.0103; 1346.0104; 1346.0105; 1346.0106;
1346.0107; 1346.0108; 1346.0109; 1346.0110; 1346.0201;
1346.0202; 1346.0301; 1346.0306; 1346.0309; 1346.0401;
1346.0403; 1346.0404; 1346.0501; 1346.0505; 1346.0506;
1346.0507; 1346.0508; 1346.0510; 1346.0603; 1346.0604;
1346.0701; 1346.0703; 1346.0709; 1346.0801; 1346.0803;
1346.0901; 1346.1001; 1346.1003; 1346.1004; 1346.1006;
1346.1007; 1346.1011; 1346.1204; 1346.1601; 1346.1602;
1346.1603; 1346.1604; 1346.1605; 1346.1606; 1346.5050;
1346.5201; 1346.5202; 1346.5301; 1346.5303; 1346.5304;
1346.5306; 1346.5401; 1346.5402; 1346.5403; 1346.5404;
1346.5406; 1346.5407; 1346.5408; 1346.5409; 1346.5410;
1346.5501; 1346.5503; 1346.5504; 1346.5602; 1346.5620;
1346.5629; 1346.5630; 1346.5801; 1346.5802; 1346.5803;
1346.5804; 1346.5805; 1346.5806; 1346.5807; and 1346.5900, are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1,
2005, or five working days after the publication of the notice
of adoption of rules adopted under section 5, whichever is
earlier.
new text end