SF 3541

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations; creating the Board of Thermal System Insulation;
licensing contractors; requiring rules; providing penalties; proposing coding for
new law as Minnesota Statutes, chapter 326C.

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

Section 1.

new text begin [326C.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin As used in this chapter, the terms in this section have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Thermal System Insulation established
under section 326C.02.
new text end

new text begin Subd. 3. new text end

new text begin Building. new text end

new text begin "Building" means a commercial, industrial, or government
building, structure, or facility, as defined by the commissioner of labor and industry by rule.
new text end

new text begin Subd. 4. new text end

new text begin Commercial insulation contractor. new text end

new text begin "Commercial insulation contractor"
means a person who employs thermal system insulators to work on a building, structure,
or facility other than an industrial building, structure, or facility.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and
industry.
new text end

new text begin Subd. 6. new text end

new text begin Industrial insulation contractor. new text end

new text begin "Industrial insulation contractor"
means a person who employs thermal system insulators to work on refineries, power
houses, nuclear facilities, ethanol plants, water treatment plants, chemical plants, or any
other industrial facility.
new text end

new text begin Subd. 7. new text end

new text begin Journeyman insulator. new text end

new text begin "Journeyman insulator" means a person who
installs, renovates, replaces, or maintains thermal system insulation in heating, ventilation,
cooling, plumbing, and refrigeration systems.
new text end

new text begin Subd. 8. new text end

new text begin License. new text end

new text begin "License" means a certificate issued under section 326C.03.
new text end

new text begin Subd. 9. new text end

new text begin Licensee. new text end

new text begin "Licensee" means the holder of a license.
new text end

new text begin Subd. 10. new text end

new text begin Thermal system insulation. new text end

new text begin "Thermal system insulation" means
any product used in a heating, ventilation, cooling, plumbing, or heating or cooling
refrigeration system to insulate the outside of any hot or cold surface on or in a commercial
or industrial building, structure, or facility, as defined by the commissioner by rule, but
does not include a residential building. For the purposes of this chapter, "thermal system
insulation" does not include sheet-metal ductwork with a cross-sectional area of less than
150 square inches, and metallic insulation covers of .020 inches and heavier.
new text end

Sec. 2.

new text begin [326C.02] BOARD OF THERMAL SYSTEM INSULATION.
new text end

new text begin Subdivision 1. new text end

new text begin Composition; term. new text end

new text begin (a) The Board of Thermal System Insulation
consists of nine members. Seven members must be appointed by the governor with the
advice and consent of the senate. Appointments of members by the governor must be
made in accordance with section 15.066. If the senate votes to refuse to consent to an
appointment of a member made by the governor, the governor shall appoint a new member
with the advice and consent of the senate. One member shall be the commissioner of
labor and industry or the commissioner of labor and industry's designee, who shall be a
voting member. One member shall be the commissioner of health or the commissioner of
health's designee, who shall be a voting member. Of the seven appointed members, the
composition is as follows:
new text end

new text begin (1) two members must be licensed journeyman insulators with at least ten years of
experience in thermal system insulation;
new text end

new text begin (2) one member must be a representative of a commercial insulation contractor;
new text end

new text begin (3) one member must be a representative of an industrial insulation contractor;
new text end

new text begin (4) one member must be an architect with experience in thermal system insulation;
new text end

new text begin (5) one member must be a mechanical engineer with experience in thermal system
insulation; and
new text end

new text begin (6) one member must be a public member as defined by section 214.02.
new text end

new text begin The following must be appointed for an initial term to end on December 31, 2011: one
journeyman insulator, one commercial or industrial contractor, and the architect member.
The remaining appointed members of the board must be appointed for an initial term to
end on December 31, 2012.
new text end

new text begin (b) The architect member must possess and maintain a current Minnesota architect's
license for the duration of the architect's term. The mechanical engineer member must
possess and maintain a current Minnesota professional engineering license for the duration
of the mechanical engineer's term. The journeyman insulator members must acquire and
maintain a Minnesota journeyman insulator's license within six months after the board and
the commissioner make the licenses available.
new text end

new text begin (c) All appointed members must be residents of Minnesota at the time of and
throughout the member's appointment. The term of any appointed member who does not
maintain membership qualification status ends on the date of the status change and the
governor shall appoint a new member. It is the responsibility of the member to notify
the board of the member's status change.
new text end

new text begin (d) For appointed members, except the initial terms designated in paragraph (a),
each term is three years with the terms ending on December 31. Members appointed
by the governor are limited to three consecutive terms. The governor shall reappoint
the current members, all or in part, or appoint replacement members with the advice
and consent of the senate. Midterm vacancies must be filled for the remaining portion
of the term. Vacancies occurring with less than six months time remaining in the term
must be filled for the existing term and the following three-year term. Members may serve
until their successors are appointed but in no case later than July 1 in a year in which the
term expires unless reappointed.
new text end

new text begin Subd. 2. new text end

new text begin Powers, duties, administrative support. new text end

new text begin (a) The board has the power to:
new text end

new text begin (1) elect its chair, vice-chair, and secretary;
new text end

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

new text begin (3) adopt the thermal system insulation code that must be followed in this state
and any amendments to it;
new text end

new text begin (4) review requests for final interpretations and issue final interpretations as provided
in section 16B.63, subdivision 5;
new text end

new text begin (5) adopt rules that regulate the licensure and registration of journeyman insulators;
new text end

new text begin (6) adopt rules regarding continuing education for journeyman insulators;
new text end

new text begin (7) refer complaints or other communications to the commissioner, whether oral
or written, 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, or an offering to perform or performance of unlicensed thermal
system insulation services;
new text end

new text begin (8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
new text end

new text begin (9) approve license reciprocity agreements;
new text end

new text begin (10) select from its members individuals to serve on any other state advisory council,
board, or committee; and
new text end

new text begin (11) recommend the fees for licenses and certifications.
new text end

new text begin (b) Except for the powers granted to the board, the commissioner shall administer
and enforce the provisions of this chapter and any rules adopted under it.
new text end

new text begin (c) The board shall comply with section 15.0597, subdivisions 2 and 4.
new text end

new text begin (d) 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 shall supply necessary office space and
supplies to assist the board in its duties.
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin (a) Members of the board may be compensated at a rate
of $55 per day spent on board activities, when authorized by the board, plus expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2 . Members who, as a result of time spent attending board
meetings, incur child-care expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization.
new text end

new text begin (b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are compensated by the state or political subdivision. However, a
state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activities. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child-care expenses only for time spent on board activities that
are outside their working hours.
new text end

new text begin (c) The board shall adopt internal standards prescribing what constitutes a day spent
on board activities for purposes of making daily payments under this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Removal; vacancies. new text end

new text begin (a) An appointed member of the board may be
removed by the governor at any time (1) for cause, after notice and hearing, or (2) after
missing three consecutive meetings. The chair of the board shall inform the governor of an
appointed member missing the three consecutive meetings. After the second consecutive
missed meeting and before the next meeting, the secretary of the board shall notify the
appointed member in writing that the member may be removed for missing the next
meeting. In the case of a vacancy on the board, the governor shall, with the advice
and consent of the senate, appoint a person to fill the vacancy for the remainder of the
unexpired term.
new text end

new text begin (b) Vacancies shall be filled pursuant to section 15.0597, subdivisions 5 and 6.
new text end

new text begin Subd. 5. new text end

new text begin Membership vacancies within three months of appointment.
new text end

new text begin Notwithstanding any law to the contrary, when a membership on the board becomes
vacant within three months after being filled through the appointments process, the
governor may, upon notification to the Office of the Secretary of State, choose a new
member from the applications on hand and need not repeat the process.
new text end

new text begin Subd. 6. new text end

new text begin Officers; quorum; voting. new text end

new text begin (a) The board shall elect annually from its
members a chair, vice-chair, and secretary. A quorum of the board shall consist of a
majority of members of the board qualified to vote on the matter in question. All questions
concerning the manner in which a meeting is conducted or called that are not covered by
statute shall be determined by Robert's Rules of Order, revised, unless otherwise specified
by the bylaws.
new text end

new text begin (b) Each thermal system insulation code amendment considered by the board that
receives an affirmative two-thirds or more majority vote of all of the voting members
of the board must be included in the next thermal system insulation code rulemaking
proceeding initiated by the board. If a thermal system insulation code amendment
considered, or reconsidered, by the board receives less than a two-thirds majority vote
of all the voting members of the board, the thermal system insulation code amendment
must not be included in the next thermal system insulation code rulemaking proceeding
initiated by the board.
new text end

new text begin (c) Each proposed rule or rule amendment considered by the board that receives an
affirmative majority vote of all the voting members of the board must be included in the
next rulemaking proceeding initiated by the board. If a proposed rule or rule amendment
considered, or reconsidered, by the board receives less than an affirmative majority vote of
all the voting members of the board, the proposed rule or rule amendment must not be
included in the next rulemaking proceeding initiated by the board.
new text end

new text begin Subd. 7. new text end

new text begin Board meetings. new text end

new text begin (a) The board shall meet and organize within 30 days
of appointment of its members. The board shall meet at least quarterly at a time and
place to be determined by the board. Notice and conduct of all meetings are governed
by chapter 13D and the bylaws.
new text end

new text begin (b) If compliance with section 13D.02 is impractical, the board may conduct a
meeting of its members by telephone or other electronic means so long as the following
conditions are met:
new text end

new text begin (1) all members of the board participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the board can
hear clearly all discussion and testimony and all votes of members of the board and, if
needed, receive those services required by sections 15.44 and 15.441;
new text end

new text begin (3) at least one member of the board is physically present at the regular meeting
location; and
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
new text end

new text begin Each member of the board participating in a meeting by telephone or other electronic
means is considered present at the meeting for purposes of determining a quorum and
participating in all proceedings.
new text end

new text begin If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board, to the extent practical, shall allow a person to monitor
the meeting electronically from a remote location. The board may require the person
making such a connection to pay for documented costs that the board incurs as a result of
the additional connection.
new text end

new text begin If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the board shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and that a
person may monitor the meeting electronically from a remote location. The timing and
method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Complaints. new text end

new text begin (a) The board shall promptly forward to the commissioner
the substance of any complaint or communication it receives, whether written or oral,
that alleges or implies a violation of a statute, rule, or order that the commissioner has
the authority to enforce pertaining to the license or registration of any person authorized
by the commissioner to provide thermal system insulation services, the performance
or offering to perform thermal system insulation services requiring licensure by an
unlicensed person, or thermal system insulation code compliance. Each complaint or
communication that is forwarded to the commissioner shall be submitted on a form
provided by the commissioner.
new text end

new text begin (b) The commissioner shall advise the board of the status of the complaint within 90
days after the board's written submission is received, or within 90 days after the board
is provided with a written request for additional information or documentation from the
commissioner or the commissioner's designee, whichever is later. The commissioner shall
advise the board of the disposition of a complaint referred by the board within 180 days
after the board's written submission is received. The commissioner shall annually report to
the board a summary of the actions taken in response to complaints referred by the board.
new text end

new text begin Subd. 9. new text end

new text begin Data Practices Act. new text end

new text begin The board is subject to chapter 13, the Minnesota
Government Data Practices Act, and shall protect from unlawful disclosure data classified
as not public.
new text end

new text begin Subd. 10. new text end

new text begin Official records. new text end

new text begin The board shall make and preserve all records necessary
to a full and accurate knowledge of its official activities in accordance with section 15.17.
new text end

new text begin Subd. 11. new text end

new text begin Consultation. new text end

new text begin The board may consult with engineering authorities and
other organizations concerned with health and safety issues related to thermal system
insulation.
new text end

Sec. 3.

new text begin [326C.03] JOURNEYMAN INSULATOR LICENSE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin (a) No person shall install, renovate, replace, or
maintain thermal system insulation as a journeyman insulator unless licensed by the
commissioner.
new text end

new text begin (b) Individuals must meet all of the following three requirements in order to acquire
a journeyman insulator license from the commissioner:
new text end

new text begin (1) completion of 8,000 hours of experience installing, renovating, removing, or
maintaining thermal system insulation, verified by the individual's employer or employers;
new text end

new text begin (2) four years experience installing, renovating, removing, or maintaining thermal
system insulation, verified by the individual's employer or employers; and
new text end

new text begin (3) successful passage of the thermal system insulation examination. The board
will recommend the contents and administration of the exam. The commissioner shall
issue rules governing the content and administration of the exam based on the board's
recommendations. The commissioner shall administer the thermal system examination.
new text end

new text begin Subd. 2. new text end

new text begin Fee. new text end

new text begin Individuals wishing to obtain a journeyman insulator's license shall
pay a fee of $50 to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 1 does not apply to individuals who make only
minor repairs to thermal system insulation. The board shall define "minor repairs."
new text end

new text begin Subd. 4. new text end

new text begin Continuing education requirement. new text end

new text begin Licensed journeyman insulators
must earn a minimum of eight hours of continuing education credits per year. The board
shall recommend, and the commissioner shall adopt, rules governing continuing education
for journeyman insulators.
new text end

new text begin Subd. 5. new text end

new text begin Renewal. new text end

new text begin All licensed individuals must renew their licenses annually. The
renewal fee is $50. 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 who fails to renew a license by the expiration
date is unlicensed until the license is renewed.
new text end

Sec. 4.

new text begin [326C.04] REGISTRATION REQUIREMENT FOR UNLICENSED
INDIVIDUALS.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required for unlicensed individuals. new text end

new text begin Individuals
lacking a thermal system insulation journeyman license who install, renovate, replace,
or maintain thermal system insulation in heating, ventilation, cooling, plumbing, and
refrigeration systems must:
new text end

new text begin (1) register with the commissioner and pay a $25 fee; or
new text end

new text begin (2) be employed as a registered apprentice in the thermal insulation trade under
an apprenticeship agreement approved by the commissioner under Minnesota Rules,
part 5200.0300.
new text end

new text begin The board shall prescribe rules, not inconsistent with this section, for the registration
of unlicensed individuals.
new text end

new text begin Subd. 2. new text end

new text begin Direct supervision; ratios. new text end

new text begin (a) Each unlicensed individual installing,
renovating, removing, or maintaining thermal system insulation in heating, ventilation,
cooling, plumbing, and refrigeration systems, shall work under the direct supervision of
licensed journeyman insulators.
new text end

new text begin (b) On any project, the ratio of licensed journeyman insulators to each unlicensed
individual installing, renovating, removing, or maintaining thermal system insulation in
heating, ventilation, cooling, plumbing, and refrigeration systems, must be one licensed
journeyman to one unlicensed individual, and thereafter three licensed journeyman to
each unlicensed individual.
new text end

new text begin Subd. 3. new text end

new text begin Application; renewal. new text end

new text begin Applications for initial registration may be
submitted at any time. Registration must be renewed annually and shall be effective for
the period from July 1 of each year to June 30 of the following year. Applications for
renewal registration must be received by the commissioner by June 30 of each registration
period on forms provided by the commissioner, and must be accompanied by a fee of $25.
An application for renewal registration received on or after July 1 in any year but no
more than three months after expiration of the previously issued registration must pay the
past-due renewal fee plus a late fee of $25.
new text end

Sec. 5.

new text begin [326C.05] RECIPROCITY WITH OTHER STATES.
new text end

new text begin Subdivision 1. new text end

new text begin Reciprocity. new text end

new text begin The commissioner may waive a licensing requirement
under section 326C.04 for any individual who is licensed as a journeyman insulator in
another state.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin A nonresident individual wishing to work as a journeyman
insulator in Minnesota must be licensed as a journeyman insulator in another state, apply
to the commissioner, and pay a $50 fee.
new text end

Sec. 6.

new text begin [326C.06] TEMPORARY AND EMERGENCY LICENSES.
new text end

new text begin The commissioner may adopt rules establishing standards and procedures for the
issuance of temporary and emergency licenses for journeyman insulators. The rules must
provide that a temporary or emergency license issued under this section is valid for a
period of 30 days.
new text end

Sec. 7.

new text begin [326C.07] INSPECTION.
new text end

new text begin Except where a political subdivision has by ordinance provided for thermal system
insulation inspection similar to that provided in this chapter, every new thermal system
insulation installation, renovation, removal, or maintenance, except minor repair work as
defined by the board by rule, may be inspected for compliance with accepted standards of
construction for safety to life and property.
new text end

Sec. 8.

new text begin [326C.08] PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin License suspension. new text end

new text begin The commissioner may suspend or revoke the
license of a license holder for any violation of this chapter or any rules adopted under it.
new text end

new text begin Subd. 2. new text end

new text begin Civil penalty. new text end

new text begin The commissioner may impose a civil penalty on any person
or entity violating this chapter or any rules adopted under it.
new text end

new text begin Subd. 3. new text end

new text begin Fines. new text end

new text begin The commissioner may impose fines of up to $500 per violation to
any person or entity violating this chapter or any rules adopted under it.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2009.
new text end