Minnesota Legislature
SF 3870
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/05/2024 09:24am
Current Version - as introduced
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A bill for an act
relating to labor and industry; modifying backflow rebuilder designations; amending
Minnesota Statutes 2022, sections 326B.42, subdivisions 1b, 1c; 326B.437;
326B.46, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 326B.42, subdivision 1b, is amended to read:
Subd. 1b.
Backflow prevention rebuilder.
A "backflow prevention rebuilder" is an
individual who is qualified by training prescribed by the Plumbing Board deleted text begin and possesses a
master or journeyworker plumber's licensedeleted text end to engage in the testing, maintenance, and
rebuilding of deleted text begin reduced pressure zone typedeleted text end backflow prevention assemblies as regulated by
the Plumbing Code.
Sec. 2.
Minnesota Statutes 2022, section 326B.42, subdivision 1c, is amended to read:
Subd. 1c.
Backflow prevention tester.
A "backflow prevention tester" is an individual
who is qualified by training prescribed by the Plumbing Board to engage in the testing of
deleted text begin reduced pressure zone typedeleted text end backflow prevention assemblies as regulated by the Plumbing
Code.
Sec. 3.
Minnesota Statutes 2022, section 326B.437, is amended to read:
326B.437 deleted text begin REDUCED PRESSUREdeleted text end BACKFLOW PREVENTION REBUILDERS
AND TESTERS.
(a) No person shall perform or offer to perform the installationdeleted text begin , maintenance, repair,deleted text end new text begin ornew text end
replacementdeleted text begin , or rebuildingdeleted text end of deleted text begin reduced pressure zonedeleted text end backflow prevention assemblies unless
the person obtains a plumbing contractor's license. An individual shall not engage in the
deleted text begin testing,deleted text end maintenance, repair, or rebuilding of deleted text begin reduced pressure zonedeleted text end backflow prevention
assemblies, as regulated by the Plumbing Code, unless the individual is certified by the
commissioner as a backflow prevention rebuilder.
(b) An individual shall not engage in testing of a deleted text begin reduced pressure zonedeleted text end backflow
prevention assembly, as regulated by the Plumbing Code, unless the individual possesses
a backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
prevention tester.
(c) Certificates are issued for an initial period of two years and must be renewed every
two years thereafter for as long as the certificate holder deleted text begin installs,deleted text end maintains, repairs, rebuilds,
or tests deleted text begin reduced pressure zonedeleted text end backflow prevention assemblies. For purposes of calculating
fees under section 326B.092, an initial or renewed backflow prevention rebuilder or tester
certificate shall be considered an entry level license.
deleted text begin
(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are related
to the certification of backflow prevention rebuilders and backflow prevention testers.
Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the 18-month
limitation under section 14.125, this authority expires on December 31, 2014.
deleted text end
deleted text begin
(e) The department shall recognize certification programs that are a minimum of 16
contact hours and include the passage of an examination. The examination must consist of
a practical and a written component. This paragraph expires when the Plumbing Board
adopts rules under paragraph (d).
deleted text end
Sec. 4.
Minnesota Statutes 2022, section 326B.46, subdivision 1, is amended to read:
Subdivision 1.
License required.
(a) No individual shall engage in or work at the business
of a master plumber, restricted master plumber, journeyworker plumber, and restricted
journeyworker plumber unless licensed to do so by the commissioner. A license is not
required for individuals performing building sewer or water service installation who have
completed pipe laying training as prescribed by the commissioner. new text begin A license is not required
for individuals performing backflow prevention testing or rebuilding who have completed
backflow prevention tester or rebuilder training, respectively, as prescribed by the
commissioner and have been certified by the commissioner. new text end A license is not required for
individuals servicing or installing a commercial chemical dispensing system or servicing
or replacing a commercial dishwashing machine, including connecting a commercial chemical
dispensing system or commercial dishwashing machine to a water line or drain line, provided
that:
(1) the individual servicing or installing the commercial chemical dispensing system or
servicing or replacing the commercial dishwashing machine is an employee of the
manufacturer or distributor of the commercial chemical dispensing system or commercial
dishwashing machine;
(2) the individual servicing or installing the commercial chemical dispensing system or
servicing or replacing the commercial dishwashing machine has a minimum of 25 hours of
classroom or laboratory training, a minimum of 20 hours of in-field training with a qualified
technician on the types of systems being installed, followed by a minimum of 100 hours of
supervised field experience. The training and experience curriculum required under this
clause must be approved by the commissioner, in consultation with the manufacturer or
distributor, but the commissioner shall not require training or experience hours in excess
of the amounts specified in this clause;
(3) the manufacturer or distributor of the commercial chemical dispensing system or
commercial dishwashing machine must meet the insurance requirements of section 326B.46,
subdivision 2, paragraph (c);
(4) the connection is a push fit fitting, compression fitting, or threaded pipe fitting to an
existing water line or drain, which has been initially installed by a licensed plumber; and
(5) the commercial chemical dispensing system complies with ASSE 1055 or contains
code-approved integral backflow protection.
A master plumber may also work as a journeyworker plumber, a restricted journeyworker
plumber, and a restricted master plumber. A journeyworker plumber may also work as a
restricted journeyworker plumber. Anyone not so licensed may do plumbing work which
complies with the provisions of the minimum standards prescribed by the Plumbing Board
on premises or that part of premises owned and actually occupied by the worker as a
residence, unless otherwise forbidden to do so by a local ordinance.
(b) No person shall engage in the business of planning, superintending, or installing
plumbing or shall install plumbing in connection with the dealing in and selling of plumbing
material and supplies unless at all times a licensed master plumber, or in cities and towns
with a population of fewer than 5,000 according to the last federal census, a restricted master
plumber, who shall be responsible for proper installation, is in charge of the plumbing work
of the person.
(c) Except as provided in subdivision 1a, no person shall perform or offer to perform
plumbing work with or without compensation unless the person obtains a contractor's license.
A contractor's license does not of itself qualify its holder to perform the plumbing work
authorized by holding a master, journeyworker, restricted master, or restricted journeyworker
license.
Sec. 5.
Minnesota Statutes 2022, section 326B.46, subdivision 2, is amended to read:
Subd. 2.
Bond; insurance.
(a) The bond and insurance requirements of paragraphs (b)
and (c) apply to each person who performs or offers to perform plumbing work within the
state, including any person who offers to perform or performs sewer or water service
installation new text begin or backflow prevention testing or rebuilding new text end without a contractor's license. If
the person performs or offers to perform any plumbing work other than sewer or water
service installationnew text begin or backflow prevention testing or rebuildingnew text end , then the person must meet
the requirements of paragraphs (b) and (c) as a condition of holding a contractor's license.
(b) Each person who performs or offers to perform plumbing work within the state shall
give and maintain bond to the state in the penal sum of at least $25,000 for (1) all plumbing
work entered into within the state or (2) all plumbing work and subsurface sewage treatment
work entered into within the state. The bond must comply with section 326B.0921. If the
bond is for both plumbing work and subsurface sewage treatment work, the bond must
comply with the requirements of this section and section 115.56, subdivision 2, paragraph
(e).
(c) Each person who performs or offers to perform plumbing work within the state shall
have and maintain in effect public liability insurance, including products liability insurance
with limits of at least $50,000 per person and $100,000 per occurrence and property damage
insurance with limits of at least $10,000. The insurance shall be written by an insurer licensed
to do business in the state of Minnesota. Each person who performs or offers to perform
plumbing work within the state shall maintain on file with the commissioner a certificate
evidencing the insurance. In the event of a policy cancellation, the insurer shall send written
notice to the commissioner at the same time that a cancellation request is received from or
a notice is sent to the insured.