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SF 2522

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to occupational licensing; modifying electrical licenses; amending
Minnesota Statutes 2008, sections 326B.31, subdivisions 14, 15, 17, 25, 28, by
adding subdivisions; 326B.32, subdivision 2; 326B.33, subdivisions 12, 17, 21,
by adding a subdivision; 326B.35; 326B.36, subdivision 2; 326B.37, subdivision
6; Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19.

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

Section 1.

Minnesota Statutes 2008, section 326B.31, subdivision 14, is amended to
read:


Subd. 14.

Contractor.

"Contractor" means a person who performs or offers to
perform any electrical work, with or without compensation, who is licensed as a contractor
by the commissioner. A contractor's license does not of itself qualify its holder to perform
or supervise the electrical work authorized by holding any class of electrician's or other
personal license. Contractor includes electrical contractorsnew text begin , satellite antenna system
contractors,
new text end and technology system contractors.

Sec. 2.

Minnesota Statutes 2008, section 326B.31, subdivision 15, is amended to read:


Subd. 15.

Demarcation.

"Demarcation" means listed equipment as identified in
Minnesota Rules, part 3800.3619, such as a transformer, uninterruptible power supply
(UPS), battery, control panel, new text begin plug or cord and plug connection, new text end or other device that
isolates new text begin satellite broadcast communication systems and new text end technology circuits or systems
from deleted text begin nontechnologydeleted text end new text begin circuits or systems that are not satellite broadcast communication
systems or technology
new text end circuits or systemsdeleted text begin , including plug or cord and plug connectiondeleted text end .

Sec. 3.

Minnesota Statutes 2008, section 326B.31, subdivision 17, is amended to read:


Subd. 17.

Electrical work.

"Electrical work" means the installing, altering,
repairing, planning, or laying out of electrical wiring, apparatus, or equipment for
electrical light, heat, power, new text begin satellite broadcast communication systems, new text end technology
circuits or systems, or other purposes. The installing, altering, repairing, planning, or
laying out of electrical wiring, apparatus, or equipment for electrical light, heat, power,
new text begin satellite broadcast communication systems, new text end technology circuits or systems, or other
purposes includes, but is not limited to, the performance of any work regulated by the
standards referred to in section 326B.35.

Sec. 4.

Minnesota Statutes 2008, section 326B.31, subdivision 25, is amended to read:


Subd. 25.

Power limited technician.

"Power limited technician" means an
individual having the necessary qualifications, training, experience, and technical
knowledge to install, alter, repair, plan, lay out, and supervise the installing, altering,
and repairing of electrical wiring, apparatus, and equipment for new text begin satellite broadcast
communication systems and
new text end technology circuits or systems, and who is licensed as a
power limited technician by the commissioner.

Sec. 5.

Minnesota Statutes 2008, section 326B.31, subdivision 28, is amended to read:


Subd. 28.

Responsible licensed individual.

A contractor's "responsible licensed
individual" means the licensed Class A master electrician, Class B master electrician,
master elevator constructor, new text begin satellite system installer, new text end or power limited technician
designated in writing by the contractor in the contractor's license application, or in another
manner acceptable to the commissioner, as the individual responsible for the contractor's
compliance with sections 326B.31 to 326B.399 and all rules and orders adopted or
issued under these sections. The terms "licensed responsible individual" and "licensed
responsible master electrician or power limited technician" are synonymous.

Sec. 6.

Minnesota Statutes 2008, section 326B.31, is amended by adding a subdivision
to read:


new text begin Subd. 31. new text end

new text begin Satellite broadcast communication system. new text end

new text begin "Satellite broadcast
communication system" means antenna and receiving equipment to receive and distribute
communication signals from satellite sources as covered by the National Electrical Code,
article 810. Satellite broadcast communication system is a subset of technology circuits
and systems.
new text end

Sec. 7.

Minnesota Statutes 2008, section 326B.31, is amended by adding a subdivision
to read:


new text begin Subd. 32. new text end

new text begin Satellite antenna system contractor. new text end

new text begin "Satellite antenna system
contractor" means a licensed contractor whose responsible licensed individual is a licensed
satellite system installer.
new text end

Sec. 8.

Minnesota Statutes 2008, section 326B.31, is amended by adding a subdivision
to read:


new text begin Subd. 33. new text end

new text begin Satellite system installer. new text end

new text begin "Satellite system installer" means an individual
having the necessary training, knowledge, and experience to plan, lay out, supervise,
and install, maintain, and repair wiring, apparatus, and equipment for satellite broadcast
communication systems.
new text end

Sec. 9.

Minnesota Statutes 2008, section 326B.32, subdivision 2, is amended to read:


Subd. 2.

Powers; duties; administrative support.

(a) The board shall have the
power to:

(1) elect its chair, vice-chair, and secretary;

(2) adopt bylaws that specify the duties of its officers, the meeting dates of the
board, and containing other provisions as may be useful and necessary for the efficient
conduct of the business of the board;

(3) adopt the Minnesota Electrical Code, which must be the most current edition of
the National Electrical Code and any amendments thereto. The board shall adopt the most
current edition of the National Electrical Code and any amendments thereto pursuant to
chapter 14 and as provided in subdivision 6, paragraphs (b) and (c);

(4) review requests for final interpretations and issue final interpretations as provided
in section 326B.127, subdivision 5;

(5) adopt rules that regulate the licensure or registration of electrical businesses,
electrical contractors, master electricians, journeyman electricians, Class A installer,
Class B installer, power limited technicians, new text begin satellite system installers, new text end and other persons
who perform electrical work except for those individuals licensed under section 326.02,
subdivisions 2
and 3. The board shall adopt these rules pursuant to chapter 14 and as
provided in subdivision 6, paragraphs (d) and (e);

(6) adopt rules that regulate continuing education for individuals licensed or
registered as electrical businesses, electrical contractors, master electricians, journeyman
electricians, Class A installer, Class B installer, power limited technicians, new text begin satellite system
installers,
new text end and other persons who perform electrical work. The board shall adopt these
rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (d) and (e);

(7) advise the commissioner regarding educational requirements for electrical
inspectors;

(8) refer complaints or other communications to the commissioner, whether oral or
in writing, as provided in subdivision 8, that allege or imply a violation of a statute, rule,
or order that the commissioner has the authority to enforce pertaining to code compliance,
licensure, registration, or an offering to perform or performance of unlicensed electrical
services;

(9) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;

(10) approve license reciprocity agreements;

(11) select from its members individuals to serve on any other state advisory council,
board, or committee; and

(12) recommend the fees for licenses and certifications.

Except for the powers granted to the Plumbing Board, Board of Electricity, and
the Board of High Pressure Piping Systems, the commissioner of labor and industry
shall administer and enforce the provisions of this chapter and any rules promulgated
pursuant thereto.

(b) The board shall comply with section 15.0597, subdivisions 2 and 4.

(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by all of the other boards created
pursuant to this chapter. The commissioner shall provide staff support to the board. The
support includes professional, legal, technical, and clerical staff necessary to perform
rulemaking and other duties assigned to the board. The commissioner of labor and
industry shall supply necessary office space and supplies to assist the board in its duties.

Sec. 10.

Minnesota Statutes 2008, section 326B.33, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Satellite system installer. new text end

new text begin (a) Except as otherwise provided by law, no
individual shall install, alter, repair, plan, lay out, or supervise the installing, altering,
repairing, planning, or laying out of electrical wiring, apparatus, or equipment for satellite
broadcast communication systems unless:
new text end

new text begin (1) the individual is licensed by the commissioner as a satellite system installer; and
new text end

new text begin (2) the electrical work is for a licensed contractor and the individual is an employee,
partner, or officer of, or is the licensed contractor.
new text end

new text begin (b) An applicant for a satellite system installer license shall have completed the
National Standards and Testing Program for satellite system installers sponsored by the
Satellite Broadcasting and Communication Association of America, Inc., or other program
approved by the board, and have passed an examination administered by the commissioner.
new text end

new text begin (c) Licensees must attain eight hours of continuing education acceptable to the
board every renewal period.
new text end

Sec. 11.

Minnesota Statutes 2008, section 326B.33, subdivision 12, is amended to read:


Subd. 12.

Unlicensed individuals.

(a) An unlicensed individual means an
individual who has not been licensed by the department to perform specific electrical
work. An unlicensed individual shall not perform electrical work required to be performed
by a licensed individual unless the individual has first registered with the department as an
unlicensed individual. Thereafter, an unlicensed individual shall not perform electrical
work required to be performed by a licensed individual unless the work is performed
under the direct supervision of an individual actually licensed to perform such work. The
licensed individual and unlicensed individual must be employed by the same employer.
Licensed individuals shall not permit unlicensed individuals to perform electrical work
except under the direct supervision of an individual actually licensed to perform such
work. Unlicensed individuals shall not supervise the performance of electrical work or
make assignments of electrical work to unlicensed individuals. Except for technology
circuits or systems new text begin or satellite broadcast communication system new text end work, licensed individuals
shall supervise no more than two unlicensed individuals. For technology circuits or
systems new text begin or satellite broadcast communication system new text end work, licensed individuals shall
supervise no more than three unlicensed individuals.

(b) Notwithstanding any other provision of this section, no individual other than a
master electriciannew text begin , satellite system installer, new text end or power limited technician shall plan or lay
out electrical wiring, apparatus, or equipment for light, heat, power, or other purposes,
except circuits or systems exempted from personal licensing by subdivision 21, paragraph
(b).

(c) Contractors employing unlicensed individuals to perform electrical work shall
maintain records establishing compliance with this subdivision that shall identify all
unlicensed individuals performing electrical work, except for individuals working on
circuits or systems exempted from personal licensing by subdivision 21, paragraph (b),
and shall permit the department to examine and copy all such records.

(d) When a licensed individual supervises the electrical work of an unlicensed
individual, the licensed individual is responsible for ensuring that the electrical work
complies with the Minnesota Electrical Act and all rules adopted under the act.

Sec. 12.

Minnesota Statutes 2008, section 326B.33, subdivision 17, is amended to read:


Subd. 17.

Employment of master electriciannew text begin , satellite system installer, new text end or power
limited technician.

(a) Each contractor must designate a responsible master electriciannew text begin ,
satellite system installer,
new text end or power limited technician, who shall be responsible for the
performance of all electrical work in accordance with the requirements of sections
326B.31 to 326B.399 or any rule or order adopted or issued under these sections. The
classes of work that a licensed contractor is authorized to perform shall be limited to the
classes of work that the responsible master electriciannew text begin , satellite system installer, new text end or power
limited electrician is licensed to perform.

(b) When a contractor's license is held by an individual, sole proprietorship,
partnership, limited liability company, or corporation and the individual, proprietor, one
of the partners, one of the members, or an officer of the corporation, respectively, is not
the responsible master electriciannew text begin , satellite system installer, new text end or power limited technician,
all requests for inspection shall be signed by the responsible master electriciannew text begin , satellite
system installer,
new text end or power limited technician. If the contractor is an individual or a sole
proprietorship, the responsible licensed individual must be the individual, proprietor, or
managing employee. If the contractor is a partnership, the responsible licensed individual
must be a general partner or managing employee. If the licensed contractor is a limited
liability company, the responsible licensed individual must be a chief manager or
managing employee. If the contractor is a corporation, the responsible licensed individual
must be an officer or managing employee. If the responsible licensed individual is a
managing employee, the responsible licensed individual must be actively engaged in
performing electrical work on behalf of the contractor, and cannot be employed in any
capacity as an electriciannew text begin , installer, new text end or technician by any other contractor or employer
designated in subdivision 21. An individual may be the responsible licensed individual for
only one contractor or employer.

(c) All applications and renewals for contractor licenses shall include a verified
statement that the applicant or licensee has complied with this subdivision.

Sec. 13.

Minnesota Statutes 2009 Supplement, section 326B.33, subdivision 19,
is amended to read:


Subd. 19.

License, registration, and renewal fees; expiration.

(a) Unless
revoked or suspended under this chapter, all licenses issued or renewed under this section
expire on the date specified in this subdivision. Master licenses expire March 1 of each
odd-numbered year after issuance or renewal. Electrical contractor licenses expire March
1 of each even-numbered year after issuance or renewal. Technology system contractor
new text begin and satellite antenna system contractor new text end licenses expire August 1 of each even-numbered
year after issuance or renewal. All other personal licenses expire two years from the date
of original issuance and every two years thereafter. Registrations of unlicensed individuals
expire one year from the date of original issuance and every year thereafter.

(b) Fees for application and examination, and for the original issuance and each
subsequent renewal, are:

(1) For each personal license application and examination: $35;

(2) For original issuance and each subsequent renewal of:

Class A Master or master special electrician, including master elevator constructor:
$40 per year;

Class B Master: $25 per year;

new text begin Satellite System Installer: $15 per year;
new text end

Power Limited Technician: $15 per year;

Class A Journeyman, Class B Journeyman, Installer, Elevator Constructor, Lineman,
or Maintenance Electrician other than master special electrician: $15 per year;

Contractor: $100 per year;

Unlicensed individual registration: $15 per year.

(c) If any new license is issued in accordance with this subdivision for less than two
years, the fee for the license shall be prorated on an annual basis.

(d) A license fee may not be refunded after a license is issued or renewed. However,
if the fee paid for a license was not prorated in accordance with this subdivision, the
amount of the overpayment shall be refunded.

(e) Any contractor who seeks reissuance of a license after it has been revoked or
suspended under this chapter shall submit a reissuance fee of $100 before the license is
reinstated.

(f) An individual or contractor who fails to renew a license before 30 days after the
expiration or registration of the license must submit a late fee equal to one year's license
fee in addition to the full renewal fee. Fees for renewed licenses or registrations are not
prorated. An individual or contractor that fails to renew a license or registration by the
expiration date is unlicensed until the license or registration is renewed.

Sec. 14.

Minnesota Statutes 2008, section 326B.33, subdivision 21, is amended to read:


Subd. 21.

Exemptions from licensing.

(a) An individual who is a maintenance
electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399
if:

(1) the individual is engaged in the maintenance and repair of electrical equipment,
apparatus, and facilities that are owned or leased by the individual's employer and that are
located within the limits of property operated, maintained, and either owned or leased by
the individual's employer;

(2) the individual is supervised by:

(i) the responsible master electrician for a contractor who has contracted with the
individual's employer to provide services for which a contractor's license is required; or

(ii) a licensed master electrician, a licensed maintenance electrician, an electrical
engineer, or, if the maintenance and repair work is limited to technology circuits or
systems work, a licensed power limited technician; and

(3) the individual's employer has filed with the commissioner a certificate of
responsible person, signed by the responsible master electrician of the contractor, the
licensed master electrician, the licensed maintenance electrician, the electrical engineer, or
the licensed power limited technician, and stating that the person signing the certificate is
responsible for ensuring that the maintenance and repair work performed by the employer's
employees complies with the Minnesota Electrical Act and the rules adopted under that act.

(b) Employees of a licensed electrical or technology systems contractor or other
employer where provided with supervision by a master electrician in accordance with
subdivision 1, or power limited technician in accordance with subdivision 7, paragraph
(a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399
for the planning, laying out, installing, altering, and repairing of technology circuits or
systems except planning, laying out, or installing:

(1) in other than residential dwellings, class 2 or class 3 remote control circuits that
control circuits or systems other than class 2 or class 3, except circuits that interconnect
these systems through communication, alarm, and security systems are exempted from
this paragraph;

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing
physically unprotected circuits other than class 2 or class 3; deleted text begin ordeleted text end

(3) technology circuits or systems in hazardous classified locations as covered by
chapter 5 of the National Electrical Codenew text begin ; or
new text end

new text begin (4) satellite broadcast and communication systemsnew text end .

(c) Companies and their employees that plan, lay out, install, alter, or repair class
2 and class 3 remote control wiring associated with plug or cord and plug connected
appliances other than security or fire alarm systems installed in a residential dwelling are
not required to hold a license under sections 326B.31 to 326B.399.

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their
employees are not required to hold or obtain a license under sections 326B.31 to 326B.399
when performing heating, ventilating, air conditioning, or refrigeration work as described
in section 326B.38.

(e) Employees of any electrical, communications, or railway utility, cable
communications company as defined in section 238.02, or a telephone company as defined
under section 237.01 or its employees, or of any independent contractor performing work
on behalf of any such utility, cable communications company, or telephone company, shall
not be required to hold a license under sections 326B.31 to 326B.399:

(1) while performing work on installations, materials, or equipment which are owned
or leased, and operated and maintained by such utility, cable communications company, or
telephone company in the exercise of its utility, antenna, or telephone function, and which

(i) are used exclusively for the generation, transformation, distribution, transmission,
or metering of electric current, or the operation of railway signals, or the transmission
of intelligence and do not have as a principal function the consumption or use of electric
current or provided service by or for the benefit of any person other than such utility, cable
communications company, or telephone company, and

(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction, and

(iii) are not on the load side of the service point or point of entrance for
communication systems;

(2) while performing work on installations, materials, or equipment which are a part
of the street lighting operations of such utility; or

(3) while installing or performing work on outdoor area lights which are directly
connected to a utility's distribution system and located upon the utility's distribution poles,
and which are generally accessible only to employees of such utility or persons acting
under its control or direction.

(f) An owner shall not be required to hold or obtain a license under sections 326B.31
to 326B.399.

Sec. 15.

Minnesota Statutes 2008, section 326B.35, is amended to read:


326B.35 SAFETY STANDARDS.

All electrical wiring, apparatus and equipment for electrical light, heat and power,
new text begin satellite broadcast and communication systems, and new text end technology circuits or systems shall
comply with the rules of the department and the board and be installed in conformity
with accepted standards of construction for safety to life and property. For the purposes
of this chapter, the rules and safety standards stated at the time the work is done in the
then most current edition of the National Electrical Code as adopted by the National Fire
Protection Association, Inc. and approved by the American National Standards Institute,
and the National Electrical Safety Code as published by the Institute of Electrical and
Electronics Engineers, Inc. and approved by the American National Standards Institute,
shall be prima facie evidence of accepted standards of construction for safety to life and
property; provided further, that in the event a Minnesota Building Code is formulated
pursuant to section 326B.106, containing approved methods of electrical construction for
safety to life and property, compliance with said methods of electrical construction of said
Minnesota Building Code shall also constitute compliance with this section, and provided
further, that nothing herein contained shall prohibit any political subdivision from making
and enforcing more stringent requirements than set forth herein and such requirements
shall be complied with by all licensed electricians working within the jurisdiction of
such political subdivisions.

Sec. 16.

Minnesota Statutes 2008, section 326B.36, subdivision 2, is amended to read:


Subd. 2.

new text begin Satellite broadcast communication systems and new text end technology systems.

(a)
The installation of the new text begin satellite broadcast communication systems and new text end technology circuits
or systems described in paragraph (b), except:

(1) minor work performed by a contractor;

(2) work performed by a heating, ventilating, or air conditioning contractor as
described in section 326B.38; and

(3) work performed by cable company employees when installing cable
communications systems or telephone company employees when installing telephone
systems,

must be inspected as provided in this section for compliance with the applicable provisions
of the National Electrical Code and the applicable provisions of the National Electrical
Safety Code, as those codes were approved by the American National Standards Institute.

(b) The inspection requirements in paragraph (a) apply to:

(1) class 2 or class 3 remote control circuits that control circuits or systems other
than class 2 or class 3, except circuits that interconnect these systems exempted by section
326B.33, subdivision 21, paragraph (b), other than fire alarm; class 2 or class 3 circuits in
electrical cabinets, enclosures, or devices containing physically unprotected circuits other
than class 2 or class 3; or technology circuits and systems in hazardous classified locations
as covered by chapter 5 of the National Electrical Code;

(2) fire alarm systems, other than in one- or two-family dwellings, as defined in
articles 100 and 760 of the National Electrical Code;

(3) technology circuits and systems contained within critical care areas of health
care facilities as defined by the safety standards identified in section 326B.35, including,
but not limited to, anesthesia and resuscitative alarm and alerting systems, medical
monitoring, and nurse call systems;

(4) physical security systems within detention facilities; and

(5) circuitry and equipment for indoor lighting systems as defined in article 411
of the National Electrical Code.

(c) For the purposes of this subdivision "minor work" means the adjustment or repair
and replacement of worn or defective parts of a technology circuit or system. Minor work
may be inspected under this section at the request of the owner of the property or the
person doing the work.

(d) Notwithstanding this subdivision, if an electrical inspector observes that a
contractor, employer, or owner has not complied with accepted standards when the
work was performed, as provided in the most recent editions of the National Electrical
Code and the National Electrical Safety Code as approved by the American National
Standards Institute, the inspector may order the contractor, employer, or owner who has
performed the work to file a request for electrical inspection, pay an inspection fee, and
make any necessary repairs to comply with applicable standards and require that the
work be inspected.

Sec. 17.

Minnesota Statutes 2008, section 326B.37, subdivision 6, is amended to read:


Subd. 6.

Additions to fees of subdivisions 3 to 5.

(a) The fee for the electrical
supply for each manufactured home park lot is $35. This fee includes the service or
feeder conductors up to and including the service equipment or disconnecting means.
The fee for feeders and circuits that extend from the service or disconnecting means is
that specified in subdivision 4.

(b) The fee for each recreational vehicle site electrical supply equipment is $6 for
each circuit originating within the equipment. The fee for recreational vehicle park
services, feeders, and circuits is that specified in subdivisions 3 and 4.

(c) The fee for each street, parking lot, or outdoor area lighting standard and each
traffic signal standard is $5. Circuits originating within the standard or traffic signal
controller shall not be used when calculating the fee for each standard.

(d) The fee for transformers for light, heat, and power is $15 for transformers rated up
to ten kilovolt-amperes and $30 for transformers rated in excess of ten kilovolt-amperes.
The previous sentence does not apply to Class 1 transformers or power supplies for Class
1 power-limited circuits or to Class 2 or Class 3 transformers or power supplies.

(e) The fee for transformers and electronic power supplies for electric signs and
outline lighting is $5 per unit.

(f) The fee for new text begin satellite broadcast communication systems and new text end technology circuits or
systems, and circuits of less than 50 volts, is 75 cents for each system device or apparatus.

(g) The fee for each separate inspection of the bonding for a swimming pool, spa,
fountain, an equipotential plane for an agricultural confinement area, or similar installation
is $35. Bonding conductors and connections require an inspection before being concealed.

(h) The fee for all wiring installed on center pivot irrigation booms is $35 plus
$5 for each electrical drive unit.

(i) The fee for retrofit modifications to existing lighting fixtures is 25 cents per
luminaire.

(j) When a separate inspection of a concrete-encased grounding electrode is
performed, the fee is $35.

(k) The fees required by subdivisions 3 and 4 are doubled for installations over
600 volts.

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective October 1, 2010.
new text end