4th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to professions; modifying electrician 1.3 licensing; requiring rulemaking; amending Minnesota 1.4 Statutes 2000, sections 326.01, subdivisions 5, 6g, by 1.5 adding subdivisions; 326.241, subdivision 1; 326.242, 1.6 subdivisions 1, 2, 3, 5, 6, 6a, 6b, 6c, 7, 8, 10, 12, 1.7 by adding a subdivision; 326.2421, subdivisions 2, 9; 1.8 326.244, subdivisions 1a, 2, 5, 6; 326.245; Minnesota 1.9 Statutes 2001 Supplement, section 326.243; repealing 1.10 Minnesota Statutes 2000, sections 326.01, subdivision 1.11 6d; 326.2421, subdivisions 3, 4, 6, 8; Minnesota 1.12 Rules, part 3800.3500, subpart 12. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 2000, section 326.01, 1.15 subdivision 5, is amended to read: 1.16 Subd. 5. [
ELECTRICALCONTRACTOR.] The term " electrical1.17 contractor" means a person, partnership, or corporation 1.18 operating a business that undertakes or offers to undertake to 1.19 plan for, lay out, or install or to make additions, alterations, 1.20 or repairs in the installation of electrical wiring, apparatus, 1.21 or equipment for light, heat, power, and other purposes with or 1.22 without compensation who is licensed as such by the board of 1.23 electricity. An electricalA contractor's license does not of 1.24 itself qualify its holder to perform or supervise the electrical 1.25 work authorized by holding any class of electrician's or other 1.26 personal electrical license. 1.27 Sec. 2. Minnesota Statutes 2000, section 326.01, 1.28 subdivision 6g, is amended to read: 1.29 Subd. 6g. [PERSONAL SUPERVISION.] The term "personal 2.1 supervision" means that a person licensed electricianto perform 2.2 electrical work oversees and directs the electrical work 2.3 performed by an unlicensed person such that: 2.4 (1) the licensed electricianperson actually reviews the 2.5 electrical work performed by the unlicensed person; 2.6 (2) the licensed electricianperson is immediately 2.7 available to the unlicensed person at all times for assistance 2.8 and direction; and 2.9 (3) the licensed electricianperson is able to and does 2.10 determine that all electrical work performed by the unlicensed 2.11 person is performed in compliance with section 326.243. 2.12 The licensed electricianperson is responsible for the 2.13 compliance with section 326.243 of all electrical work performed 2.14 by the unlicensed person. 2.15 Sec. 3. Minnesota Statutes 2000, section 326.01, is 2.16 amended by adding a subdivision to read: 2.17 Subd. 6i. [DEMARCATION.] "Demarcation" means listed 2.18 equipment as identified in Minnesota Rules, part 3800.3619, such 2.19 as a transformer, uninterruptible power supply (UPS), battery, 2.20 control panel, or other device that isolates technology circuits 2.21 or systems from nontechnology circuits or systems, including 2.22 plug or cord and plug connection. 2.23 Sec. 4. Minnesota Statutes 2000, section 326.01, is 2.24 amended by adding a subdivision to read: 2.25 Subd. 6j. [RESIDENTIAL DWELLING.] A "residential dwelling" 2.26 is an individual dwelling of a one-family, two-family, or 2.27 multifamily dwelling as defined in the National Electrical Code 2.28 pursuant to section 326.243, including its garage or accessory 2.29 building. 2.30 Sec. 5. Minnesota Statutes 2000, section 326.01, is 2.31 amended by adding a subdivision to read: 2.32 Subd. 6k. [POWER LIMITED TECHNICIAN.] The term "power 2.33 limited technician" means a person having the necessary 2.34 qualifications, training, experience, and technical knowledge to 2.35 install, alter, repair, plan, lay out, and supervise the 2.36 installing, altering, and repairing of electrical wiring, 3.1 apparatus, and equipment for technology circuits or systems who 3.2 is licensed as such by the board of electricity. 3.3 Sec. 6. Minnesota Statutes 2000, section 326.01, is 3.4 amended by adding a subdivision to read: 3.5 Subd. 6l. [TECHNOLOGY CIRCUITS OR SYSTEMS.] "Technology 3.6 circuits or systems" means class 2 or class 3 circuits or 3.7 systems for, but not limited to, remote control, signaling, 3.8 control, alarm, and audio signal, including associated 3.9 components as covered by National Electrical Code, articles 640, 3.10 645, 725, 760, 770, and 780 and which are isolated from circuits 3.11 or systems other than class 2 or class 3 by a demarcation and 3.12 are not process control circuits or systems; antenna and 3.13 communication circuits or systems as covered by chapter 8 of the 3.14 National Electrical Code; and circuitry and equipment for indoor 3.15 lighting and outdoor landscape lighting systems that are 3.16 supplied by the secondary circuit of an isolating power supply 3.17 operating at 30 volts or less as covered by National Electrical 3.18 Code, article 411. The planning, laying out, installing, 3.19 altering, and repairing of technology circuits or systems must 3.20 be performed in accordance with the applicable requirements of 3.21 the National Electrical Code pursuant to section 326.243. 3.22 Sec. 7. Minnesota Statutes 2000, section 326.01, is 3.23 amended by adding a subdivision to read: 3.24 Subd. 6m. [PROCESS CONTROL CIRCUITS OR SYSTEMS.] "Process 3.25 control circuits or systems" are circuits or systems, regardless 3.26 of electrical classification, that are integrated with a 3.27 manufacturing, mining, energy, finishing, conveyance of 3.28 equipment or product, material handling or packaging, process 3.29 that makes or assembles, or similar process. 3.30 Sec. 8. Minnesota Statutes 2000, section 326.241, 3.31 subdivision 1, is amended to read: 3.32 Subdivision 1. [COMPOSITION.] The board of electricity 3.33 shall consist of 11 members, residents of the state, appointed 3.34 by the governor of whom at leasttwo shall be representatives of 3.35 the electrical suppliers in the rural areas of the state, two 3.36 shall be master electricians, who shall be contractors, two 4.1 journeyman electricians, one registered consulting electrical 4.2 engineer, two licensed alarm and communicationpower limited 4.3 technicians, who shall be technology system 4.4 contractors primarily engaged in the business of installing 4.5 alarm and communicationtechnology circuits or systems, and two 4.6 public members as defined by section 214.02. Membership terms, 4.7 compensation of members, removal of members, the filling of 4.8 membership vacancies, and fiscal year and reporting requirements 4.9 shall be as provided in sections 214.07 to 214.09. The 4.10 provision of staff, administrative services and office space; 4.11 the review and processing of complaints; the setting of board 4.12 fees; and other provisions relating to board operations shall be 4.13 as provided in chapter 214. 4.14 Sec. 9. Minnesota Statutes 2000, section 326.242, 4.15 subdivision 1, is amended to read: 4.16 Subdivision 1. [MASTER ELECTRICIAN.] Except as otherwise 4.17 provided by law, no person shall install, alter, repair, plan, 4.18 lay out, or supervise the installing, altering, or repairing of 4.19 electrical wiring, apparatus, or equipment for light, heat, 4.20 power, or other purposes unless the person is: (a) licensed by 4.21 the board as a master electrician and (b)(i) the electrical work 4.22 is for a licensed electricalcontractor and the person is an 4.23 employee, partner, or officer of, or is the licensed electrical4.24 contractor, or (ii) the electrical work is performed for the 4.25 person's employer on electric wiring, apparatus, equipment, or 4.26 facilities owned or leased by the employer which is located 4.27 within the limits of property which is owned or leased and 4.28 operated and maintained by the employer. 4.29 (1) An applicant for a Class A master electrician's license 4.30 shall (a) be a graduate of a four-year electrical course in an 4.31 accredited college or university; or (b) shall have had at least 4.32 one year's experience, acceptable to the board, as a licensed 4.33 journeyman; or (c) shall have had at least five years' 4.34 experience, acceptable to the board, in planning for, laying 4.35 out, supervising and installing wiring, apparatus, or equipment 4.36 for electrical light, heat and power. 5.1 (2) As of August 1, 1985, no new Class B master 5.2 electrician's licenses shall be issued. An individual who has a 5.3 Class B master electrician's license as of August 1, 1985 may 5.4 retain the license and exercise the privileges it grants, which 5.5 include electrical work limited to single phase systems, not 5.6 over 200 amperes in capacity, on farmsteads or single-family 5.7 dwellings located in towns or municipalities with fewer than 5.8 2,500 inhabitants. 5.9 Sec. 10. Minnesota Statutes 2000, section 326.242, 5.10 subdivision 2, is amended to read: 5.11 Subd. 2. [JOURNEYMAN ELECTRICIAN.] (a) Except as otherwise 5.12 provided by law, no person shall install, alter, repair, or 5.13 supervise the installing, altering, or repairing of electrical 5.14 wiring, apparatus, or equipment for light, heat, power, or other 5.15 purposes unless: 5.16 (1) the person is licensed by the board as a journeyman 5.17 electrician; and 5.18 (2) the electrical work is: 5.19 (i) for an electricala contractor and the person is an 5.20 employee, partner, or officer of the licensed electrical5.21 contractor; or 5.22 (ii) performed under the supervision of a master 5.23 electrician also employed by the person's employer on electrical 5.24 wiring, apparatus, equipment, or facilities owned or leased by 5.25 the employer that is located within the limits of property owned 5.26 or leased, operated, and maintained by the employer. 5.27 (b) An applicant for a Class A journeyman electrician's 5.28 license shall have had at least four years of experience, 5.29 acceptable to the board, in wiring for, installing, and 5.30 repairing electrical wiring, apparatus, or equipment, provided 5.31 however, that the board may by rule provide for the allowance of 5.32 one year of experience credit for successful completion of a 5.33 two-year post high school electrical course approved by the 5.34 board. 5.35 (c) As of August 1, 1985, no new Class B journeyman 5.36 electrician's licenses shall be issued. An individual who holds 6.1 a Class B journeyman electrician's license as of August 1, 1985 6.2 may retain the license and exercise the privileges it grants, 6.3 which include electrical work limited to single phase systems, 6.4 not over 200 amperes in capacity, on farmsteads or on 6.5 single-family dwellings located in towns or municipalities with 6.6 fewer than 2,500 inhabitants. 6.7 Sec. 11. Minnesota Statutes 2000, section 326.242, 6.8 subdivision 3, is amended to read: 6.9 Subd. 3. [CLASS A INSTALLER.] Notwithstanding the 6.10 provisions of subdivisions 1, 2, and 6, any person holding a 6.11 class A installer license may lay out and install and supervise 6.12 the laying out and installing of electrical wiring, apparatus, 6.13 or equipment for major electrical home appliances on the load 6.14 side of the main service on farmsteads and in any town or 6.15 municipality with fewer than 1,500 inhabitants, which is not 6.16 contiguous to a city of the first class and does not contain an 6.17 established business of an electricala contractor. 6.18 Sec. 12. Minnesota Statutes 2000, section 326.242, is 6.19 amended by adding a subdivision to read: 6.20 Subd. 3d. [POWER LIMITED TECHNICIAN.] (a) Except as 6.21 otherwise provided by law, no person shall install, alter, 6.22 repair, plan, lay out, or supervise the installing, altering, or 6.23 repairing of electrical wiring, apparatus, or equipment for 6.24 technology circuits or systems unless: 6.25 (l) the person is licensed by the board as a power limited 6.26 technician; and 6.27 (2) the electrical work is: 6.28 (i) for a licensed contractor and the person is an 6.29 employee, partner, or officer of, or is the licensed contractor; 6.30 or 6.31 (ii) performed under the supervision of a master 6.32 electrician or power limited technician also employed by the 6.33 person's employer on technology circuits, systems, apparatus, 6.34 equipment, or facilities owned or leased by the employer that is 6.35 located within the limits of property owned or leased, operated, 6.36 and maintained by the employer. 7.1 (b) An applicant for a power limited technician's license 7.2 shall (1) be a graduate of a four-year electrical course in an 7.3 accredited college or university; or (2) have had at least 36 7.4 months experience, acceptable to the board, in planning for, 7.5 laying out, supervising, and installing wiring, apparatus, or 7.6 equipment for power limited systems, provided however, that the 7.7 board may by rule provide for the allowance of up to 12 months 7.8 (2,000 hours) of experience credit for successful completion of 7.9 a two-year post high school electrical course or other technical 7.10 training approved by the board. 7.11 (c) The board may initially set experience requirements 7.12 without rulemaking, but must adopt rules before July 1, 2003. 7.13 (d) Licensees must attain eight hours of continuing 7.14 education acceptable to the board every renewal period. 7.15 (e) A person who has achieved a minimal score of 70 percent 7.16 on an alarm and communication examination administered by the 7.17 board before April 30, 2003, may obtain a power limited 7.18 technician license without further examination by submitting an 7.19 application and a license fee of $30. 7.20 (f) A company holding an alarm and communication license as 7.21 of June 30, 2003, may designate one person who may obtain a 7.22 power limited technician license without passing an examination 7.23 administered by the board by submitting an application and 7.24 license fee of $30. 7.25 Sec. 13. Minnesota Statutes 2000, section 326.242, 7.26 subdivision 5, is amended to read: 7.27 Subd. 5. [UNLICENSED PERSONS.] (a) An unlicensed person 7.28 shall not perform electrical work unless the work is performed 7.29 under the personal supervision of an electriciana person 7.30 actually licensed to perform such work and the licensed 7.31 electrician and unlicensed personpersons are employed by the 7.32 same employer. Licensed electricianspersons shall not permit 7.33 unlicensed persons to perform electrical work except under the 7.34 personal supervision of an electriciana person actually 7.35 licensed to perform such work. Unlicensed persons shall not 7.36 supervise the performance of electrical work or make assignments 8.1 of electrical work to unlicensed persons. Licensed electricians8.2 Except for technology circuit or system work, licensed persons 8.3 shall supervise no more than two unlicensed persons. For 8.4 technology circuit or system work, licensed persons shall 8.5 supervise no more than three unlicensed persons. 8.6 (b) Notwithstanding any other provision of this section, no 8.7 person other than a master electrician or power limited 8.8 technician shall plan or lay out electrical wiring, apparatus, 8.9 or equipment for light, heat, power, or other purposes, except 8.10 circuits or systems exempted from personal licensing by 8.11 subdivision 12, paragraph (b). 8.12 (c) ElectricalContractors employing unlicensed persons 8.13 performing electrical work shall maintain records establishing 8.14 compliance with this subdivision, which shall designate all 8.15 unlicensed persons performing electrical work, except for 8.16 persons working on circuits or systems exempted from personal 8.17 licensing by subdivision 12, paragraph (b), and shall permit the 8.18 board to examine and copy all such records as provided for in 8.19 section 326.244, subdivision 6. 8.20 Sec. 14. Minnesota Statutes 2000, section 326.242, 8.21 subdivision 6, is amended to read: 8.22 Subd. 6. [ ELECTRICALCONTRACTOR'S LICENSE REQUIRED.] 8.23 Except as otherwise provided by law, no person other than an 8.24 employee, partner, or officer of a licensed electrical8.25 contractor, as defined by section 326.01, subdivision 5, shall 8.26 undertake or offer to undertake to plan for, lay out, supervise 8.27 or install or to make additions, alterations, or repairs in the 8.28 installation of electrical wiring, apparatus, and equipment for 8.29 light, heat, power, and other purposes with or without 8.30 compensation unless the person obtains an electricala 8.31 contractor's license. An electricalA contractor's license does 8.32 not of itself qualify its holder to perform or supervise the 8.33 electrical work authorized by holding any class of electrician's8.34 personal electrical license. 8.35 Sec. 15. Minnesota Statutes 2000, section 326.242, 8.36 subdivision 6a, is amended to read: 9.1 Subd. 6a. [BOND REQUIRED.] Each electricalcontractor 9.2 shall give and maintain bond to the state in the penal sum of 9.3 $5,000 conditioned upon the faithful and lawful performance of 9.4 all work entered upon by the contractor within the state of 9.5 Minnesota and such bond shall be for the benefit of persons 9.6 injured or suffering financial loss by reason of failure of such 9.7 performance. The bond shall be filed with the board and shall 9.8 be in lieu of all other license bonds to any political 9.9 subdivision. Such bond shall be written by a corporate surety 9.10 licensed to do business in the state of Minnesota. 9.11 Sec. 16. Minnesota Statutes 2000, section 326.242, 9.12 subdivision 6b, is amended to read: 9.13 Subd. 6b. [INSURANCE REQUIRED.] Each electricalcontractor 9.14 shall have and maintain in effect general liability insurance, 9.15 which includes premises and operations insurance and products 9.16 and completed operations insurance, with limits of at least 9.17 $100,000 per occurrence, $300,000 aggregate limit for bodily 9.18 injury, and property damage insurance with limits of at least 9.19 $25,000 or a policy with a single limit for bodily injury and 9.20 property damage of $300,000 per occurrence and $300,000 9.21 aggregate limits. Such insurance shall be written by an insurer 9.22 licensed to do business in the state of Minnesota and each 9.23 electricalcontractor shall maintain on file with the board a 9.24 certificate evidencing such insurance which provides that such 9.25 insurance shall not be canceled without the insurer first giving 9.26 15 days written notice to the board of such cancellation. 9.27 Sec. 17. Minnesota Statutes 2000, section 326.242, 9.28 subdivision 6c, is amended to read: 9.29 Subd. 6c. [EMPLOYMENT OF MASTER ELECTRICIAN OR POWER 9.30 LIMITED TECHNICIAN.] (a) No electricalcontractor shall engage 9.31 in business of electrical contracting unless the electrical9.32 contractor employs a licensed Class A master or Class B master 9.33 electrician, or power limited technician, who shall be 9.34 responsible for the performance of all electrical work in 9.35 accordance with the requirements of sections 326.241 to 326.248 9.36 or any rule or order adopted or issued under these sections. 10.1 The classes of work for which the licensed electricalcontractor 10.2 is authorized shall be limited to those for which such Class A 10.3 master electrician, or Class B master electrician, or power 10.4 limited technician employed by the electricalcontractor is 10.5 licensed. 10.6 (b) When an electricala contractor's license is held by an 10.7 individual, partnership, limited liability company, or 10.8 corporation and the individual, one of the partners, one of the 10.9 members, or an officer of the corporation, respectively, is not 10.10 the responsible master electrician or power limited technician 10.11 of record, all requests for inspection shall be signed by the 10.12 responsible master electrician or power limited technician of 10.13 record. The designated responsible master electrician or power 10.14 limited technician of record shall be employed by the 10.15 individual, partnership, limited liability company, or 10.16 corporation which is applying for an electricala contractor's 10.17 license and shall not be employed in any capacity as a licensed 10.18 electrician or licensed technician by any other electrical10.19 contractor or employer designated in subdivision 12. 10.20 (c) All applications for electricalcontractor's licenses 10.21 and all renewals shall include a verified statement that the 10.22 applicant or licensee has complied with this subdivision. 10.23 Sec. 18. Minnesota Statutes 2000, section 326.242, 10.24 subdivision 7, is amended to read: 10.25 Subd. 7. [EXAMINATION.] In addition to the requirements 10.26 imposed herein and except as herein otherwise provided, as a 10.27 precondition to issuance of an electrician'sa personal license, 10.28 each applicant must pass a written or oral examination given by 10.29 the board to insure the competence of each applicant for 10.30 license. An oral examination shall be administered only to an 10.31 applicant who furnishes a written statement from a certified 10.32 teacher or other professional, trained in the area of reading 10.33 disabilities stating that the applicant has a specific reading 10.34 disability which would prevent the applicant from performing 10.35 satisfactorily on a written test. The oral examination shall be 10.36 structured so that an applicant who passes the examination will 11.1 not impair the applicant's own safety or that of others while 11.2 acting as an electriciana licensed person. No person failing 11.3 an examination may retake it for six months thereafter, but 11.4 within such six months the person may take an examination for a 11.5 lesser grade of license. Any licensee failing to renew a 11.6 license for two years or more after its expiration shall be 11.7 required to retake the examination before being issued a new 11.8 license. 11.9 An applicant for journeyman's or special electrician's11.10 license who shall furnish evidence satisfactory to the board of11.11 having the requisite experience, upon written application,11.12 payment of the examination fee and fulfillment of all other11.13 requirements stated herein, may work as a journeyman or special11.14 electrician until the examination next following and the11.15 announcement of the results of such latter examination by the11.16 board.11.17 An applicant for a personal license shall submit to the 11.18 board an application and examination fee at the time of 11.19 application. Upon approval of the application, the board shall 11.20 schedule the applicant for the next available examination, which 11.21 shall be held within 60 days. The applicant shall be allowed 11.22 one opportunity to reschedule an examination without being 11.23 required to submit another application and examination fee. 11.24 Additionally, an applicant who fails an examination, or whose 11.25 application has been disapproved, must submit another 11.26 application and examination fee. 11.27 Sec. 19. Minnesota Statutes 2000, section 326.242, 11.28 subdivision 8, is amended to read: 11.29 Subd. 8. [LICENSE AND RENEWAL FEES.] All licenses issued 11.30 hereunder shall expire in a manner as provided by the board. 11.31 Fees, as set by the board, shall be payable for examination, 11.32 issuance and renewal of the following: 11.33 (1) For examination: 11.34 Class A Master. 11.35 Class B Master. 11.36 Class A Journeyman, Class B Journeyman, Installer, Alarm 12.1 and Communications Contractor, Power Limited Technician, or 12.2 Special Electrician. 12.3 (2) For issuance of original license and renewal: 12.4 Class A Master. 12.5 Class B Master. 12.6 Power Limited Technician. 12.7 Class A Journeyman, Class B Journeyman, Installer, or 12.8 Special Electrician. 12.9 Electrical contractor. 12.10 Alarm and Communication System Contractor. 12.11 Technology Systems Contractor. 12.12 Sec. 20. Minnesota Statutes 2000, section 326.242, 12.13 subdivision 10, is amended to read: 12.14 Subd. 10. [CONTINUATION OF BUSINESS BY ESTATES.] Upon the 12.15 death of a master who is an electricala contractor the board 12.16 may permit the decedent's representative to carry on the 12.17 business of the decedent for a period not in excess of six 12.18 months, for the purpose of completing work under contract or 12.19 otherwise to comply with sections 326.241 to 326.248. The 12.20 representative shall give such bond as the board may require 12.21 conditioned upon the faithful and lawful performance of such 12.22 work and such bond shall be for the benefit of persons injured 12.23 or suffering financial loss by reason of failure of such 12.24 performance. Such bond shall be written by a corporate surety 12.25 licensed to do business in the state of Minnesota. Such 12.26 representative shall also comply with all public liability and 12.27 property damage insurance requirements imposed by this chapter 12.28 upon a licensed electricalcontractor. 12.29 Sec. 21. Minnesota Statutes 2000, section 326.242, 12.30 subdivision 12, is amended to read: 12.31 Subd. 12. [EXEMPTIONS FROM LICENSING.] (a) A maintenance 12.32 electrician who is supervised by the responsible master 12.33 electrician for an electricala contractor who has contracted 12.34 with the maintenance electrician's employer to provide services 12.35 for which an electricala contractor's license is required or by 12.36 a master electrician or an electrical engineer registered with 13.1 the board and who is an employee of an employer and is engaged 13.2 in the maintenance, and repair of electrical equipment, 13.3 apparatus, and facilities owned or leased by the employer, and 13.4 performed within the limits of property which is owned or leased 13.5 and operated and maintained by said employer, shall not be 13.6 required to hold or obtain a license under sections 326.241 to 13.7 326.248; or 13.8 (b) Employees of a licensed alarm and communication13.9 electrical or technology systems contractor or other employer 13.10 where provided with supervision by a master electrician in 13.11 accordance with subdivision 1, or power limited technician in 13.12 accordance with subdivision 3d, paragraph (a), clause (1), are 13.13 not required to hold a license under sections 326.241 to 326.248 13.14 while performing work authorized to be conducted by an alarm and13.15 communication contractorfor the planning, laying out, 13.16 installing, altering, and repairing of technology circuits or 13.17 systems except planning, laying out, or installing: 13.18 (1) in other than residential dwellings, class 2 or class 3 13.19 remote control circuits that control circuits or systems other 13.20 than class 2 or class 3, except circuits that interconnect these 13.21 systems through communication, alarm, and security systems are 13.22 exempted from this paragraph; 13.23 (2) class 2 or class 3 circuits in electrical cabinets, 13.24 enclosures, or devices containing physically unprotected 13.25 circuits other than class 2 or class 3; or 13.26 (3) technology circuits and systems in hazardous classified 13.27 locations as covered by chapter 5 of the National Electrical 13.28 Code; or 13.29 (c) Companies and their employees that plan, lay out, 13.30 install, alter, or repair class 2 and class 3 remote control 13.31 wiring associated with plug or cord and plug connected 13.32 appliances other than security or fire alarm systems installed 13.33 in a residential dwelling are not required to hold a license 13.34 under sections 326.241 to 326.248; or 13.35 (d) Heating, ventilating, air conditioning, and 13.36 refrigeration contractors and their employees are not required 14.1 to hold or obtain a license under sections 326.241 to 326.248 14.2 when performing heating, ventilating, air conditioning, or 14.3 refrigeration work as described in section 326.245; or 14.4 (c)(e) Employees of any electric, communications, or 14.5 railway utility, cable communications company as defined in 14.6 section 238.02, or a telephone company as defined under section 14.7 237.01 or its employees, or of any independent contractor 14.8 performing work on behalf of any such utility, cable 14.9 communications company, or telephone company, shall not be 14.10 required to hold a license under sections 326.241 to 326.248: 14.11 1. While performing work on installations, materials, or 14.12 equipment which are owned or leased, and operated and maintained 14.13 by such utility, cable communications company, or telephone 14.14 company in the exercise of its utility, antenna, or telephone 14.15 function, and which 14.16 (i) are used exclusively for the generation, 14.17 transformation, distribution, transmission, or metering of 14.18 electric current, or the operation of railway signals, or the 14.19 transmission of intelligence and do not have as a principal 14.20 function the consumption or use of electric current or provided 14.21 service by or for the benefit of any person other than such 14.22 utility, cable communications, or telephone company, and 14.23 (ii) are generally accessible only to employees of such 14.24 utility, cable communications, or telephone company or persons 14.25 acting under its control or direction, and 14.26 (iii) are not on the load side of the meterservice point 14.27 or point of entrance; or 14.28 2. While performing work on installations, materials, or 14.29 equipment which are a part of the street lighting operations of 14.30 such utility; or 14.31 3. While installing or performing work on outdoor area 14.32 lights which are directly connected to a utility's distribution 14.33 system and located upon the utility's distribution poles, and 14.34 which are generally accessible only to employees of such utility 14.35 or persons acting under its control or direction; or 14.36 (d)(f) An owner shall not be required to hold or obtain a 15.1 license under sections 326.241 to 326.248. 15.2 Sec. 22. Minnesota Statutes 2000, section 326.2421, 15.3 subdivision 2, is amended to read: 15.4 Subd. 2. [EXEMPTION.] Except as provided in subdivision 3,15.5 No person or company exempt under subdivision 1 or licensed 15.6 pursuant to subdivision 3section 326.242, subdivision 4 or 6, 15.7 may be required to obtain any authorization, permit, franchise, 15.8 or license from, or pay any fee, franchise tax, or other 15.9 assessment to, any agency, department, board, or political 15.10 subdivision of the state as a condition for performing any work 15.11 described herein. The requirements of this section shall not15.12 apply to telephone companies as defined under section 237.01 nor15.13 to their employees, that are only engaged in the laying out,15.14 installation, and repair of telephone systems.15.15 Sec. 23. Minnesota Statutes 2000, section 326.2421, 15.16 subdivision 9, is amended to read: 15.17 Subd. 9. [LIMITATION.] Nothing in this section prohibits a 15.18 unit of local government from charging a franchise fee to the 15.19 operator of a cable communications systemcompany as defined in 15.20 section 238.02. 15.21 Sec. 24. Minnesota Statutes 2001 Supplement, section 15.22 326.243, is amended to read: 15.23 326.243 [SAFETY STANDARDS.] 15.24 All electrical wiring, apparatus and equipment for electric 15.25 light, heat and power, alarm and communicationtechnology 15.26 circuits or systems shall comply with the rules of the 15.27 department of commerce or the department of labor and industry, 15.28 as applicable, and be installed in conformity with accepted 15.29 standards of construction for safety to life and property. For 15.30 the purposes of this chapter, the rules and safety standards 15.31 stated at the time the work is done in the then most recently 15.32 published edition of the National Electrical Code as adopted by 15.33 the National Fire Protection Association, Inc. and approved by 15.34 the American National Standards Institute, and the National 15.35 Electrical Safety Code as published by the Institute of 15.36 Electrical and Electronics Engineers, Inc. and approved by the 16.1 American National Standards Institute, shall be prima facie 16.2 evidence of accepted standards of construction for safety to 16.3 life and property; provided further, that in the event a 16.4 Minnesota Building Code is formulated pursuant to section 16.5 16B.61, containing approved methods of electrical construction 16.6 for safety to life and property, compliance with said methods of 16.7 electrical construction of said Minnesota Building Code shall 16.8 also constitute compliance with this section, and provided 16.9 further, that nothing herein contained shall prohibit any 16.10 political subdivision from making and enforcing more stringent 16.11 requirements than set forth herein and such requirements shall 16.12 be complied with by all licensed electricians working within the 16.13 jurisdiction of such political subdivisions. 16.14 Sec. 25. Minnesota Statutes 2000, section 326.244, 16.15 subdivision 1a, is amended to read: 16.16 Subd. 1a. [ ALARM AND COMMUNICATIONTECHNOLOGY SYSTEMS.] (a) 16.17 The installation of fire alarm systems as defined in article 76016.18 of the National Electrical Code,the technology circuits or 16.19 systems described in paragraph (b), except: 16.20 (1) minor work performed by a contractor ,; 16.21 (2) work performed by a heating, ventilating, or air 16.22 conditioning contractor as described in section 326.245; and 16.23 (3) work performed by cable company or telephone company 16.24 employees, 16.25 must be inspected as provided in this section for compliance 16.26 with the applicable provisions of articles 725, 760, 770, 800,16.27 810, and 820 of the most recent edition ofthe National 16.28 Electrical Code and the applicable provisions of the National 16.29 Electrical Safety Code, as those codes were approved by the 16.30 American National Standards Institute. 16.31 (b) The inspection requirements in paragraph (a) apply to: 16.32 (1) remote control circuits controlling class 2 or class 3 16.33 remote control circuits that control circuits or systems other 16.34 than class 2 or class 3 and indoor lighting, except circuits 16.35 that interconnect these systems exempted by section 326.242, 16.36 subdivision 12, paragraph (b), other than fire alarm; class 2 or 17.1 class 3 circuits in electrical cabinets, enclosures, or devices 17.2 containing physically unprotected circuits other than class 2 or 17.3 class 3; or technology circuits and systems in hazardous 17.4 classified locations as covered by chapter 5 of the National 17.5 Electrical Code; 17.6 (2) fire alarm systems as defined in article 760 of the 17.7 National Electrical Code; 17.8 (3) critical health and medical facilities, including, but 17.9 not limited to, anesthesia and resuscitative alarm and alerting 17.10 systems, medical monitoring, and nurse call systems; and 17.11 (4) physical security systems within detention facilities. 17.12 (c) For the purposes of this subdivision "minor work" means 17.13 the adjustment or repair and replacement of worn or defective 17.14 parts of an alarm or communicationa technology circuit or 17.15 system. Minor work may be inspected under this section at the 17.16 request of the owner of the property or the person doing the 17.17 work. 17.18 (d) Notwithstanding this subdivision, if an electrical 17.19 inspector in the course of doing another inspection in a17.20 buildingobserves that an alarm and communicationa contractor, 17.21 employer, or owner has not complied with accepted standards when 17.22 the work was performed, as provided in the most recent editions 17.23 of the National Electrical Code and the National Electrical 17.24 Safety Code as approved by the American National Standards 17.25 Institute, the inspector may order the contractor, employer, or 17.26 owner who has performed the work to file a request for 17.27 electrical inspection, pay an inspection fee, and make any 17.28 necessary repairs to comply with applicable standards and 17.29 require that the work be inspected. 17.30 Sec. 26. Minnesota Statutes 2000, section 326.244, 17.31 subdivision 2, is amended to read: 17.32 Subd. 2. [PROCEDURE.] (a) At or before commencement of any 17.33 installation required to be inspected by the board, the 17.34 electricalcontractor, installer, special electrician, or owner 17.35 making the installation shall submit to the board a request for 17.36 inspection, in a form prescribed by the board, together with the 18.1 fees required for the installation. 18.2 (b) The fees required are a handling fee and an inspection 18.3 fee. The handling fee shall be set by the board in an amount 18.4 sufficient to pay the cost of printing and handling the form 18.5 requesting an inspection. The inspection fee shall be set by 18.6 the board in an amount sufficient to pay the actual costs of the 18.7 inspection and the board's costs in administering the 18.8 inspection. All fees shall be set pursuant to the procedure of 18.9 sections 14.001 to 14.69. 18.10 (c) If the inspector finds that the installation is not in 18.11 compliance with accepted standards of construction for safety to 18.12 life and property as required by section 326.243, the inspector 18.13 shall by written order condemn the installation or noncomplying 18.14 portion thereof, or order service to the installation 18.15 disconnected, and shall send a copy of the order to the board. 18.16 If the installation or the noncomplying part will seriously and 18.17 proximately endanger human life and property, the order of the 18.18 inspector, when approved by the inspector's superior, shall 18.19 require immediate condemnation or disconnection. In all other 18.20 cases, the order of the inspector shall permit a reasonable 18.21 opportunity for the installation to be brought into compliance 18.22 with accepted standards of construction for safety to life and 18.23 property prior to the effective time established for 18.24 condemnation or disconnection. 18.25 (d) Copies of each condemnation or disconnection order 18.26 shall be served personally or by mail upon the property owner, 18.27 and the electricalcontractor, installer, or special electrician 18.28 making the installation, and other persons as the board by rule 18.29 may direct. An aggrieved party may appeal any condemnation or 18.30 disconnection order by filing with the board a notice of appeal 18.31 within ten days after (1) service upon the aggrieved party of 18.32 the condemnation or disconnection order, if this service is 18.33 required, or (2) filing of the order with the board, whichever 18.34 is later. The appeal shall proceed and the order of the 18.35 inspector shall have the effect the order, by its terms, and the 18.36 rules of the board provides. The board shall adopt rules 19.1 providing procedures for the conduct of appeals, including 19.2 provisions for the stay of enforcement of the order of the 19.3 inspector pending such appeal when justified by the 19.4 circumstances. 19.5 Sec. 27. Minnesota Statutes 2000, section 326.244, 19.6 subdivision 5, is amended to read: 19.7 Subd. 5. [EXEMPTIONS FROM INSPECTIONS.] Installations, 19.8 materials, or equipment shall not be subject to inspection under 19.9 sections 326.241 to 326.248: 19.10 (1) when owned or leased, operated and maintained by any 19.11 employer whose maintenance electricians are exempt from 19.12 licensing under sections 326.241 to 326.248, while performing 19.13 electrical maintenance work only as defined by board rule; 19.14 (2) when owned or leased, and operated and maintained by 19.15 any electric, communications or railway utility or telephone 19.16 company in the exercise of its utility or telephone function; 19.17 and 19.18 (i) are used exclusively for the generations, 19.19 transformation, distribution, transmission, or metering of 19.20 electric current, or the operation of railway signals, or the 19.21 transmission of intelligence, and do not have as a principal 19.22 function the consumption or use of electric current by or for 19.23 the benefit of any person other than such utility or telephone 19.24 company; and 19.25 (ii) are generally accessible only to employees of such 19.26 utility or telephone company or persons acting under its control 19.27 or direction; and 19.28 (iii) are not on the load side of the meterservice point 19.29 or point of entrance; 19.30 (3) when used in the street lighting operations of an 19.31 electric utility; 19.32 (4) when used as outdoor area lights which are owned and 19.33 operated by an electric utility and which are connected directly 19.34 to its distribution system and located upon the utility's 19.35 distribution poles, and which are generally accessible only to 19.36 employees of such utility or persons acting under its control or 20.1 direction; 20.2 (5) when the installation, material, and equipment are20.3 alarm or communication systems laid out, installed, or20.4 maintained within residential units not larger than a duplex;20.5 (6)when the installation, material, and equipment are in 20.6 facilities subject to the jurisdiction of the federal Mine 20.7 Safety and Health Act; or 20.8 (7)(6) when the installation, material, and equipment is 20.9 part of an elevator installation for which the elevator 20.10 contractor, licensed under section 326.242, is required to 20.11 obtain a permit from the authority having jurisdiction as 20.12 provided by section 16B.747, and the inspection has been or will 20.13 be performed by an elevator inspector certified by the 20.14 department of administration and licensed by the board of 20.15 electricity. This exemption shall apply only to installations, 20.16 material, and equipment permitted or required to be connected on 20.17 the load side of the disconnecting means required for elevator 20.18 equipment under National Electric Code Article 620, and elevator 20.19 communications and alarm systems within the machine room, car, 20.20 hoistway, or elevator lobby. 20.21 Sec. 28. Minnesota Statutes 2000, section 326.244, 20.22 subdivision 6, is amended to read: 20.23 Subd. 6. [SITE INSPECTIONS.] The board may, without 20.24 advance notice, inspect any site at which electrical work is 20.25 being performed or has been performed or where records 20.26 concerning the performance of electrical work are kept for 20.27 purposes of ensuring compliance with sections 326.241 to 326.248 20.28 or any rule or order adopted or issued under these sections. 20.29 With respect to electrical work performed at or records kept in 20.30 an occupied private dwelling, all inspections permitted by this 20.31 subdivision shall occur during normal business hours and shall 20.32 be preceded by advance notice, which need not be in writing. 20.33 The board shall have the authority to examine and copy all 20.34 records concerning the performance of electrical work and to 20.35 question in private all persons employed by an electricala 20.36 contractor or on the site. No person shall retaliate in any 21.1 manner against any employee or person who is questioned by, 21.2 cooperates with, or provides information to the board, its 21.3 complaint committee, or the attorney general. 21.4 Sec. 29. Minnesota Statutes 2000, section 326.245, is 21.5 amended to read: 21.6 326.245 [MANUFACTURING, INSTALLATION, ALTERATION, OR REPAIR 21.7 OF ELECTRICAL APPARATUS; EXEMPT.] 21.8 Subdivision 1. [MANUFACTURERS.] Electrical components, 21.9 apparatus, or appliances being manufactured within the limits of 21.10 property which is owned or leased by a manufacturer and such 21.11 manufacturer's production employees shallare not becovered by 21.12 sections 326.241 to 326.248. Installation, alteration, or21.13 repair of electrical appliance units, except (a) electrical21.14 wiring to the unit, or (b) original wiring in or on the unit21.15 installed outside the limits of property which is owned or21.16 leased by a manufacturer shall not be covered by this chapter.21.17 For purposes of this section, "electrical appliance units" means21.18 all electrical and natural gas appliances that use electricity21.19 including, but not limited to, furnaces, water heaters, stoves,21.20 clothes washers, dryers, air conditioners, dishwashers, and21.21 humidifiers.21.22 Subd. 2. [ELECTRICAL APPLIANCE UNITS.] Installation, 21.23 alteration, or repair of electrical appliance units are not 21.24 covered by sections 326.241 to 326.248. For the purposes of 21.25 this section, "electrical appliance units" means all electrical 21.26 and fossil fuel appliances that use electricity including, but 21.27 not limited to, furnaces, water heaters, stoves, clothes 21.28 washers, dryers, and dishwashers. The installation of 21.29 electrical wiring to an electrical appliance unit is covered by 21.30 sections 326.241 to 326.248. 21.31 Subd. 3. [OTHER UNITS.] Planning, laying out, and 21.32 installation of heating, ventilating, air conditioning, or 21.33 refrigeration units are not covered by sections 326.241 to 21.34 326.248. For purposes of this section, heating, ventilating, 21.35 air conditioning, or refrigeration units include, but are not 21.36 limited to, air conditioning units, air conditioning 22.1 evaporators, air conditioning condensers, air conditioning and 22.2 refrigeration chillers, boilers, furnaces, air handling units, 22.3 rooftop units, humidifiers, ice makers, and super market, ice 22.4 area, and bar/restaurant equipment. The installation of 22.5 electrical wiring to the unit is covered by sections 326.241 to 22.6 326.248. 22.7 Subd. 4. [OTHER EQUIPMENT.] Planning, laying out, 22.8 alteration, replacement, or repair of heating, ventilating, air 22.9 conditioning, or refrigeration equipment, and associated 22.10 devices, controls, and wiring including wiring in or on the 22.11 equipment, are not covered by sections 326.241 to 326.248 when 22.12 the work is performed by an employee of a heating, ventilating, 22.13 air conditioning, or refrigeration contractor provided that the 22.14 employee performing the work has received a certificate of 22.15 completion from a heating, ventilating, air conditioning, or 22.16 refrigeration apprenticeship program approved by the state of 22.17 Minnesota or any class of personal electrical license issued by 22.18 the board. Employees registered in an approved heating, 22.19 ventilating, air conditioning, or refrigeration program may 22.20 design, plan, alter, replace, or repair heating, ventilating, 22.21 air conditioning, or refrigeration equipment, devices, and 22.22 controls including wiring in or on the equipment, under the 22.23 direction of an employee who has a certificate of completion 22.24 from an approved program or any class of personal electrical 22.25 license issued by the board. The installation of electrical 22.26 wiring to the unit is covered by sections 326.241 to 326.248. 22.27 Sec. 30. [TERMS FOR POWER LIMITED CONTRACTORS.] 22.28 The term of one of the power limited contractors appointed 22.29 under Minnesota Statutes, section 326.241, subdivision 1, shall 22.30 expire after two years. That person's successor shall be 22.31 appointed for a four-year term. 22.32 Sec. 31. [INSTRUCTION TO REVISOR.] 22.33 The revisor shall delete the term "alarm and communication," 22.34 "alarm and communication system contractor," or "alarm and 22.35 communication contractor" from Minnesota Statutes, sections 22.36 299M.03, 326.242, 326.243, and 326.244 and the citation to 23.1 section 326.2421 from Minnesota Statutes, section 299M.03. 23.2 Sec. 32. [REPEALER.] 23.3 (a) Minnesota Statutes 2000, sections 326.01, subdivision 23.4 6d; and 326.2421, subdivisions 3, 4, 6, and 8, are repealed. 23.5 (b) Minnesota Rules, part 3800.3500, subpart 12, is 23.6 repealed.