1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to technology business; identifying and 1.3 defining technology business; providing for the 1.4 licensing of technology businesses by the state board 1.5 of electricity; amending Minnesota Statutes 2000, 1.6 sections 326.01, subdivision 6d, by adding 1.7 subdivisions; 326.241, subdivision 1; 326.2421, 1.8 subdivisions 2, 3, 4, 6, by adding subdivisions; 1.9 326.243; 326.244, subdivisions 1a, 5; repealing 1.10 Minnesota Statutes 2000, section 326.2421, subdivision 1.11 8. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2000, section 326.01, 1.14 subdivision 6d, is amended to read: 1.15 Subd. 6d. [
ALARM AND COMMUNICATION SYSTEMTECHNOLOGY 1.16 CIRCUITS OR SYSTEMS.] The term "alarm and communication system"1.17 means class 2 or class 3 signaling circuits, power limited fire1.18 protective signaling circuits, class 2 or class 3 alarm systems,1.19 or communication circuits or systems, as covered by articles1.20 725, 760, 770, 800, 810, and 820, of the National Electrical1.21 Code as that code was approved by the American National1.22 Standards Institute and was in effect on January 14,1.23 1985."Technology circuits or systems" means indoor or outdoor 1.24 wiring, apparatus, equipment, grounding, uninterruptible power 1.25 supply (UPS), batteries, pathways, systems, and circuits for 1.26 class 2 or class 3 remote-control, signaling, control, or alarm 1.27 circuits or systems, power-limited circuits or systems, audio 1.28 signal, antenna, and communications systems and their associated 2.1 components that are isolated from higher voltage systems by a 2.2 demarcation, as covered by articles 90, 411, 640, 645, 720, 725, 2.3 727, 760, 770, 780, and chapter 8 inclusive, and including all 2.4 articles of chapters 1 to 7 associated with installing, 2.5 altering, repairing, planning, or laying out technology circuits 2.6 or systems of the National Electrical Code under section 326.243. 2.7 Sec. 2. Minnesota Statutes 2000, section 326.01, is 2.8 amended by adding a subdivision to read: 2.9 Subd. 6i. [DEMARCATION.] "Demarcation" means listed 2.10 equipment as identified in Minnesota Rules, part 3800.3619, such 2.11 as a transformer, an uninterruptible power supply (UPS), a 2.12 battery, control panel, or other device supplying voltage for 2.13 class 2 or class 3 remote-control signaling, or power-limited 2.14 circuits, power-limited alarm circuits or systems, power-limited 2.15 circuits or systems, audio signal, antenna, and communication 2.16 systems that provides physical isolation from the higher voltage 2.17 system within the same enclosure. Demarcation includes a 2.18 connection to higher voltage by plug or cord and plug. 2.19 Sec. 3. Minnesota Statutes 2000, section 326.01, is 2.20 amended by adding a subdivision to read: 2.21 Subd. 6j. [RESIDENTIAL DWELLING.] A "residential dwelling" 2.22 is any building, or any portion thereof, including its garage or 2.23 accessory structure, which is not an apartment house, lodging 2.24 house, or a hotel, which is intended or designed to be occupied 2.25 for living purposes. 2.26 Sec. 4. Minnesota Statutes 2000, section 326.241, 2.27 subdivision 1, is amended to read: 2.28 Subdivision 1. [COMPOSITION.] The board of electricity 2.29 shall consist of 11 members, residents of the state, appointed 2.30 by the governor of whom at least two shall be representatives of 2.31 the electrical suppliers in the rural areas of the state, two 2.32 shall be master electricians, who shall be contractors, two 2.33 journeyman electricians, one registered consulting electrical 2.34 engineer, two licensed alarm and communicationtechnology system 2.35 contractors primarily engaged in the business of 2.36 installing alarm and communicationtechnology circuits or 3.1 systems, and two public members as defined by section 214.02. 3.2 Membership terms, compensation of members, removal of members, 3.3 the filling of membership vacancies, and fiscal year and 3.4 reporting requirements shall be as provided in sections 214.07 3.5 to 214.09. The provision of staff, administrative services and 3.6 office space; the review and processing of complaints; the 3.7 setting of board fees; and other provisions relating to board 3.8 operations shall be as provided in chapter 214. 3.9 Sec. 5. Minnesota Statutes 2000, section 326.2421, 3.10 subdivision 2, is amended to read: 3.11 Subd. 2. [EXEMPTION.] Except as provided in subdivision3.12 3subdivisions 3, 10, and 11, no person licensed pursuant to 3.13 subdivision 3 may be required to obtain any authorization, 3.14 permit, franchise, or license from, or pay any fee, franchise 3.15 tax, or other assessment to, any agency, department, board, or 3.16 political subdivision of the state as a condition for performing 3.17 any work described herein. The requirements of this section 3.18 shall not apply to telephone companies as defined under section 3.19 237.01 nor to their employees, that are only engaged in the 3.20 laying out, installation, and repair of telephone systems. 3.21 Sec. 6. Minnesota Statutes 2000, section 326.2421, 3.22 subdivision 3, is amended to read: 3.23 Subd. 3. [ALARM AND COMMUNICATION CONTRACTOR'S LICENSES.] 3.24 No person may lay out, install, maintain, or repair alarm and3.25 communicationtechnology circuits or systems, unless the person 3.26 is licensed as an alarm and communicationa technology system 3.27 contractor under this subdivision, or is a licensed electrical 3.28 contractor under section 326.242, subdivision 6, or is an 3.29 employee of the contractor. The board of electricity shall 3.30 issue an alarm and communicationa technology system 3.31 contractor's license to any individual, corporation, 3.32 partnership, sole proprietorship, or other business entity that 3.33 provides adequate proof that a bond and insurance in the amounts 3.34 required by section 326.242, subdivision 6, have been obtained 3.35 by the applicant. The board shall set license fees pursuant to 3.36 section 16A.1285. Installation of alarm and communication4.1 technology circuits or systems are subject to inspection and 4.2 inspection fees as provided in section 326.244, subdivision 1a. 4.3 This subdivision does not apply to installations in residential 4.4 dwellings unless the installation involves an alarm system. 4.5 Sec. 7. Minnesota Statutes 2000, section 326.2421, 4.6 subdivision 4, is amended to read: 4.7 Subd. 4. [EXAMINATION.] No alarm and communication4.8 technology system contractor shall be issued a license by the 4.9 board under this section unless the contractor or an employee of 4.10 the contractor has passed an alarm and communication systema 4.11 technology circuits and systems examination given by the board 4.12 of electricity. 4.13 Sec. 8. Minnesota Statutes 2000, section 326.2421, 4.14 subdivision 6, is amended to read: 4.15 Subd. 6. [ EXISTING CONTRACTORSLICENSES.] Persons who on4.16 July 1, 1985, are in the business of laying out, installing,4.17 maintaining, or repairing alarm and communication systems and4.18 who have filed a license application with the electrical board4.19 by September 1, 1987, shall be allowed to continue in that4.20 business as if licensed under subdivision 3 until final action4.21 is taken by the board upon their applications. Contractors who4.22 are in the business on July 1, 1985, and who file a license4.23 application with the board by September 1, 1987, are exempt from4.24 the requirements of subdivision 4.Upon establishment of the 4.25 technology systems contractor license, alarm and communication 4.26 contractor's licenses shall be deemed to be technology systems 4.27 contractor's licenses. 4.28 Sec. 9. Minnesota Statutes 2000, section 326.2421, is 4.29 amended by adding a subdivision to read: 4.30 Subd. 10. [LICENSE REQUIRED.] Persons employed by 4.31 technology systems contractors or by electrical contractors who 4.32 install class 2 and 3 remote-control circuits controlling class 4.33 1 circuits, for the purpose of environmental control, 4.34 temperature control, refrigeration and process control; class 2 4.35 or 3 circuits in electrical cabinets, or devices containing 4.36 physically unprotected class 1 circuits within the same 5.1 compartment or cavity as the class 2 or 3 circuits; or 5.2 technology circuits and systems in hazardous classified 5.3 locations as covered by articles 500 to 517 in the National 5.4 Electric Code, must obtain a power-limited technician's license 5.5 as provided in this subdivision. This subdivision does not 5.6 apply to residential dwellings, or to separately derived class 2 5.7 and 3 systems or communications systems, as defined by the 5.8 National Electrical Code as that code was approved by the 5.9 American National Standards Institute and was in effect in 1999, 5.10 which interface with the systems listed in this subdivision. In 5.11 order to obtain a license, the applicant must: 5.12 (1) have at least 18 months' experience, acceptable to the 5.13 board, in planning for, laying out, supervising, servicing, or 5.14 installing wiring, apparatus, or equipment for power-limited 5.15 systems, provided that applicants may get credit for up to six 5.16 months, or 1,000 hours, for training or education acceptable to 5.17 the board; and 5.18 (2) pass an examination administered by the board of 5.19 electricity designed to demonstrate that the applicant has the 5.20 competence required to perform the work relative to the 5.21 installation involved; or 5.22 (3) achieve a minimal score of 70 percent on an alarm and 5.23 communication examination administered by the board before 5.24 December 31, 2001. 5.25 Licensees must attain eight hours of continuing education 5.26 acceptable to the board every renewal period. 5.27 Before becoming licensed, persons employed by an electrical 5.28 or technology systems contractor may perform the work described 5.29 in this subdivision if supervised by a licensed power-limited 5.30 technician or licensed electrician on site. 5.31 Sec. 10. Minnesota Statutes 2000, section 326.2421, is 5.32 amended by adding a subdivision to read: 5.33 Subd. 11. [INSPECTIONS.] Inspection is required for the 5.34 following technology circuits or systems installations: 5.35 (1) remote control circuits controlling class 1 circuits, 5.36 including, but not limited to, environmental control, 6.1 refrigeration, process control, and temperature control systems 6.2 in other than residential dwellings; 6.3 (2) fire alarms systems, as defined in article 760 of the 6.4 National Electrical Code; 6.5 (3) critical health and medical systems in medical 6.6 facilities, including, but not limited to, oxygen distribution 6.7 systems, medical monitoring, and nurse call systems; 6.8 (4) process control systems used for automated production 6.9 or process functions in manufacturing plants; 6.10 (5) physical security systems within detention centers; and 6.11 (6) installations taking place in hazardous classified 6.12 locations as covered by articles 500 to 517 in the National 6.13 Electrical Code as was approved by the American National 6.14 Standards Institute and was in effect January 1, 2001. 6.15 Sec. 11. Minnesota Statutes 2000, section 326.243, is 6.16 amended to read: 6.17 326.243 [SAFETY STANDARDS.] 6.18 All electrical wiring, apparatus and equipment for electric 6.19 light, heat and power, alarm and communicationand technology 6.20 circuits or systems shall comply with the rules of the 6.21 department of public service, the commissioner of commerce, or 6.22 the department of labor and industry, as applicable, and be 6.23 installed in conformity with accepted standards of construction 6.24 for safety to life and property. For the purposes of this 6.25 chapter, the rules and safety standards stated at the time the 6.26 work is done in the then most recently published edition of the 6.27 National Electrical Code as adopted by the National Fire 6.28 Protection Association, Inc. and approved by the American 6.29 National Standards Institute, and the National Electrical Safety 6.30 Code as published by the Institute of Electrical and Electronics 6.31 Engineers, Inc. and approved by the American National Standards 6.32 Institute, shall be prima facie evidence of accepted standards 6.33 of construction for safety to life and property; provided 6.34 further, that in the event a Minnesota Building Code is 6.35 formulated pursuant to section 16B.61, containing approved 6.36 methods of electrical construction for safety to life and 7.1 property, compliance with said methods of electrical 7.2 construction of said Minnesota Building Code shall also 7.3 constitute compliance with this section, and provided further, 7.4 that nothing herein contained shall prohibit any political 7.5 subdivision from making and enforcing more stringent 7.6 requirements than set forth herein and such requirements shall 7.7 be complied with by all licensed electricians working within the 7.8 jurisdiction of such political subdivisions. 7.9 Sec. 12. Minnesota Statutes 2000, section 326.244, 7.10 subdivision 1a, is amended to read: 7.11 Subd. 1a. [ALARM AND COMMUNICATION SYSTEMS.] (a) The 7.12 installation of fire alarm systems as defined in article 760 of 7.13 the National Electrical Code, except minor work performed by a 7.14 contractor, must be inspected as provided in this section for 7.15 compliance with the applicable provisions of articles 725, 760, 7.16 770, 800, 810, and 820and chapter 8 of the most recent edition 7.17 of the National Electrical Code and the applicable provisions of 7.18 the National Electrical Safety Code, as those codes were 7.19 approved by the American National Standards Institute. 7.20 (c) For the purposes of this subdivision "minor work" means 7.21 the adjustment or repair and replacement of worn or defective 7.22 parts of an alarm or communicationa technology circuit or 7.23 system. Minor work may be inspected under this section at the 7.24 request of the owner of the property or the person doing the 7.25 work. 7.26 (d) Notwithstanding this subdivision, if an electrical 7.27 inspector in the course of doing another inspection in a 7.28 building observes that an alarm and communicationa technology 7.29 systems contractor has not complied with accepted standards when 7.30 the work was performed, as provided in the most recent editions 7.31 of the National Electrical Code and the National Electrical 7.32 Safety Code as approved by the American National Standards 7.33 Institute, the inspector may order the contractor who has 7.34 performed the work to make any necessary repairs to comply with 7.35 applicable standards and require that the work be inspected. 7.36 Sec. 13. Minnesota Statutes 2000, section 326.244, 8.1 subdivision 5, is amended to read: 8.2 Subd. 5. [EXEMPTIONS FROM INSPECTIONS.] Installations, 8.3 materials, or equipment shall not be subject to inspection under 8.4 sections 326.241 to 326.248: 8.5 (1) when owned or leased, operated and maintained by any 8.6 employer whose maintenance electricians are exempt from 8.7 licensing under sections 326.241 to 326.248, while performing 8.8 electrical maintenance work only as defined by board rule; 8.9 (2) when owned or leased, and operated and maintained by 8.10 any electric, communications or railway utility or telephone 8.11 company in the exercise of its utility or telephone function; 8.12 and 8.13 (i) are used exclusively for the generations, 8.14 transformation, distribution, transmission, or metering of 8.15 electric current, or the operation of railway signals, or the 8.16 transmission of intelligence, and do not have as a principal 8.17 function the consumption or use of electric current by or for 8.18 the benefit of any person other than such utility or telephone 8.19 company; and 8.20 (ii) are generally accessible only to employees of such 8.21 utility or telephone company or persons acting under its control 8.22 or direction; and 8.23 (iii) are not on the load side of the meter; 8.24 (3) when used in the street lighting operations of an 8.25 electric utility; 8.26 (4) when used as outdoor area lights which are owned and 8.27 operated by an electric utility and which are connected directly 8.28 to its distribution system and located upon the utility's 8.29 distribution poles, and which are generally accessible only to 8.30 employees of such utility or persons acting under its control or 8.31 direction; 8.32 (5) when the installation, material, and equipment are 8.33 alarm or communication systems laid out, installed, or8.34 maintained within residential units not larger than a duplex8.35 technology circuits or systems, except as provided in section 8.36 326.2421; 9.1 (6) when the installation, material, and equipment are in 9.2 facilities subject to the jurisdiction of the federal Mine 9.3 Safety and Health Act; or 9.4 (7) when the installation, material, and equipment is part 9.5 of an elevator installation for which the elevator contractor, 9.6 licensed under section 326.242, is required to obtain a permit 9.7 from the authority having jurisdiction as provided by section 9.8 16B.747, and the inspection has been or will be performed by an 9.9 elevator inspector certified by the department of administration 9.10 and licensed by the board of electricity. This exemption shall 9.11 apply only to installations, material, and equipment permitted 9.12 or required to be connected on the load side of the 9.13 disconnecting means required for elevator equipment under 9.14 National Electric Code Article 620, and elevator communications 9.15 and alarm systems within the machine room, car, hoistway, or 9.16 elevator lobby. 9.17 Sec. 14. [REPEALER.] 9.18 Minnesota Statutes 2000, section 326.2421, subdivision 8, 9.19 is repealed. 9.20 Sec. 15. [EFFECTIVE DATE.] 9.21 Sections 1 to 13 are effective January 1, 2002.